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HomeMy WebLinkAbout10-25-2015 Council Packet Agenda for Council Meeting Set for Monday, October 26, 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 October 12, 2015* Public Hearing – 7:00 pm 3. Certification of Delinquent Utilities 4. Certification of Unpaid Services Charges Presentation 5. Jim Gregory Resolution for 40 years of Service 6. Fire Chief James Van Eyll – Letter of Support Planning Commission Comments – Loren Schoenzeit, Representative Public Comments – (Limit 5 Minutes Per Person) This is an opportunity for the public to address matters not on the agenda. The Council will not engage in discussion or take action on items presented at this time. However, the Council may refer issues to staff for follow up or consideration at a future meeting. Speakers should state their name and home address at the podium before speaking. Planning Department Report 7. 15-3781, Stonewood o/b/o Belle and Harry Yaffe, 3185 Casco Circle, Variance – Denial 8. 05-3131, Glendale Cove Lane – Acceptance of Public Road – Resolution 9. 15-3770, Jon Norris & Catherine Morrison and Patrick & Melissa Mulheran, 460 Orchard Park Rd. - Preliminary Plat Approval – Resolution 10. 15-3774, Michael Steadman o/b/o Irwin Jacobs, 1700 Shoreline Drive, Preliminary Plat – Review Cul-De-Sac Alternatives Agenda for Council Meeting Set for Monday, October 26, 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 Public Works Director/City Engineer’s Report 11. Bulk Fuel Contract for 2016 12. Sanitary Sewer Rehabilitation for 2015 13. Asset Management 14. Fox Street Survey and Engineering Proposal Mayor/Council Report City Administrator's Report 15. Authorization for Disposal of Weapon 16. Disposal of Bicycles 17. Disposal of Forfeited Vehicles 18. Disposal of Unclaimed Property 19. Third Quarter Financial Report 20. Non-Waiver of Tort Limits 21. University of Minnesota – MN Resuscitation Consortium Grant 22. Claims/ Bills* City Attorney's Report Closed Meeting 23. The meeting will be closed as permitted by the attorney-client privilege (section 13D.05, subdivision 3(b)) to discuss the pending lawsuits and potential new lawsuit between the City of Orono and the Nygards. Adjournment Upcoming Events 11/09 – Joint Council/Planning Commission Work Session, 5:00 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, Monday, 5:00 p.m. 11/23 – City Council Meeting, Monday, 7:00 p.m. 11/26-27 – Thanksgiving City Offices Closed 12/14 – Truth in Taxation 6:30 p.m. 12/14 – Council Meeting, Monday, 7:00 p.m. 12/24-25 – Holiday City Offices Closed 01/01 – New Year Holiday City Offices Closed 01/11 – Council Meeting, Monday, 7:00 p.m. 01/19 – Planning Commission Meeting, 7:00 p.m. 01/25 – Council Work Session, Monday, 5:00 p.m. 01/25 – Council Meeting, Monday, 7:00 p.m. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 12, 2015 7:00 o’clock p.m. _____________________________________________________________________________________ Page 1 of 37 ROLL CALL The Orono City Council met on the above-mentioned date with the following members present: Mayor Lili Tod McMillan, Council Members Jim Cornick, Jr., Lizz Levang, Aaron Printup, and Dennis Walsh. Representing Staff were City Administrator Jessica Loftus, Finance Director Ron Olson, Community Development Director Jeremy Barnhart, Senior Planner Michael Gaffron, City Planner Melanie Curtis, Public Works Director/City Engineer Adam Edwards, City Attorney Soren Mattick, and Recorder Jackie Young. Mayor McMillan called the meeting to order at 7:00 p.m., followed by the Pledge of Allegiance. APPROVAL OF AGENDA Item Nos. 5, 7, 10, 11, 14, 16, and 17 were added to the Consent Agenda. Item No. 19, Spates Avenue Access Agreement, was added to the Regular Council Agenda. Printup moved, Walsh seconded, to approve the Consent Agenda as amended. VOTE: Ayes 5, Nays 0. APPROVAL OF MINUTES *2. REGULAR CITY COUNCIL MEETING OF SEPTEMBER 28, 2015 Printup moved, Walsh seconded, to approve the minutes of the Orono City Council meeting of September 28, 2015, as submitted. VOTE: Ayes 5, Nays 0. *3. CITY COUNCIL WORK SESSION OF SEPTEMBER 28, 2015 Printup moved, Walsh seconded, to approve the minutes of the Orono City Council work session of September 28, 2015, as submitted. VOTE: Ayes 5, Nays 0. PRESENTATION 4. WESTONKA HISTORICAL SOCIETY Liz Vandam, a volunteer with the Westonka Historical Society, provided the Council with an update on the society’s activities. Vandam stated this past year they hosted Kevin Sorbo, who played the role of Hercules in the movie entitled Hercules. In addition, the society hosted Navarre night, which included the launch of the book entitled Navarre. Other activities included the annual scavenger hunt for the Grandview Middle School sixth graders, the Tonka Toy Company Retirees reunion, a history boat tour and displays at The Depot in Wayzata, and history displays at the Gillespie Center. The Westonka Historical Society was also featured in the Lake Minnetonka magazine. Vandam stated they currently have some great exhibits going and that the Historical Society’s museum is now located in the Old Centennial Building in Mound. McMillan asked what area of Orono they cover. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 12, 2015 7:00 o’clock p.m. _____________________________________________________________________________________ Page 2 of 37 4. WESTONKA HISTORICAL SOCIETY (continued) Vandam stated they tend to be more focused on the Minnetrista area and the Orono area that is close to Lake Minnetonka. McMillan suggested the City put a little blurb on the City’s website advertising donations of historical items and mementos to the Historical Society. Vandam stated they would encourage people to submit their old photographs, old letters, and military uniforms that can be shared with the rest of the community. PLANNING COMMISSION COMMENTS – REPRESENTATIVE JON THIESSE Thiesse stated he had nothing to report but would be available for questions. PUBLIC COMMENTS Brad Erickson, Orono Shopping Center, 2160 West Wayzata Boulevard, stated he would like to start by personally thanking Council Member Aaron Printup for taking the initiative to contact him the day after the last Council meeting and set up a meet and greet with Community Development Director Jeremy Barnhart. Erickson stated he has come here tonight to talk about the events that have transpired over the past couple of weeks regarding Jay Nygard. Erickson stated he would like to point out that while the Long Lake City Council was approving another 5-year contract with the Wayzata Police Department, Orono was busy robbing a member of the Orono community of his physical freedom over a chunk of concrete underneath the ground in his own background. Erickson stated he hopes the irony is not lost on any of the Orono Council Members. Erickson stated approximately one week ago Jay Nygard spent four days in jail over a broken up remnant of concrete. Erickson stated although the turbine and pole at issue were gone since June, the City found pursuing the matter irresistible, and while this might make sense to some of the Council, from a moral and ethical standpoint, it was wrong. Erickson stated in his opinion Mayor McMillan is personally responsible. The hostile, punitive and petty nature in which Mayor McMillan runs the City has brought shame and disgrace to the Orono community. Erickson stated he speaks from his own personal experiences as well. Erickson stated it is no secret that hundreds of thousands of dollars and resources have been squandered on such a trivial matter. Every time the Mayor had the chance to lead, she chose legal action instead, which was good for the City Attorney. Erickson stated even while Jay Nygard languished in the Hennepin County Jail, the Mayor was given a chance to show humility and compassion but instead told the local paper three times that Jay Nygard got what he deserved. Erickson stated the Mayor’s eagerness to prosecute, coupled with her noncompromising approach, indicate a serious lack of leadership. According to the MN Constitution, which the Council has sworn to uphold, it states the purpose of government is to protect its own people. Erickson asked who the City is protecting from the broken up concrete in Jay’s back yard. Erickson stated this is an example of where the City could have stepped up and protected Jay and his family from harm but chose retaliation instead. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 12, 2015 7:00 o’clock p.m. _____________________________________________________________________________________ Page 3 of 37 PUBLIC COMMENTS (continued) Erickson stated he hopes the Council thinks long and hard about the impression they are sending out not just to Orono but to the surrounding communities as well. Erickson stated if they want to be a big city, they should start acting like one. Erickson stated he has had enough of the small-minded political crap this city is becoming known for. PLANNING DEPARTMENT REPORT *5. #15-3725 DALE GUSTAFSON ON BEHALF OF DOUGLAS AND ROBAN SMITH, 4167, 4175, AND 4195 HIGHWOOD ROAD, CONDITIONAL USE PERMIT – RESOLUTION NO. 6547 Printup moved, Walsh seconded, to adopt RESOLUTION NO. 6547, a Resolution Granting Variances from Municipal Zoning Code Sections 78-1279, 78-1288, and 78-1700 and a Conditional Use Permit Pursuant to Municipal Zoning Code Sections 78-966, 78-967, and 78-1286, for the properties located at 4167, 4175, and 4195 Highwood Road. VOTE: Ayes 5, Nays 0. 6. #15-3739/3786 BPS PROPERTIES, LLC, 300 SIXTH AVENUE NORTH – FINAL PLAT, RESOLUTION NO. 6548 George Stickney, BPS Properties, LLC, was present. Senior Planner Gaffron stated on July 27 of this year the City Council adopted a resolution that granted preliminary plat approval for an 11-lot plat of the property located at 300 Sixth Avenue North. The developer is requesting final plat approval in order to finalize the project. At this time the developer has completed or has agreed to complete all requirements established at the preliminary plat approval in order to gain final plat approval. Gaffron stated the Council should consider the following issues: 1. Minnehaha Creek Watershed District (MCWD) approvals have not been received and are not expected to be finalized until October 22 at the earliest. The 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 the City Engineer met with the applicant, the applicant’s engineer, and MCWD Staff on October 9 and have concluded that the remaining stormwater management plan and other engineering details can be finalized without affecting the final plat. The MCWD has recommended tentative approval of the project. Gaffron noted that nine of the 11 lots 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 raingardens have not been added to the plat drawings. The following two options are available to address this: MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 12, 2015 7:00 o’clock p.m. _____________________________________________________________________________________ Page 4 of 37 6. #15-3739/3786 BPS PROPERTIES, LLC, 300 SIXTH AVENUE NORTH – FINAL PLAT, RESOLUTION NO. 6548 (continued) 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 easement for that individual site. 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. The City Council has been advised by the City Attorney and the attorney on behalf of the League of Minnesota Cities that they may move forward on the application and that the lawsuit is not sufficient reason to delay adoption of final plat approval. Gaffron stated the resolution, development agreement, and covenants have been drafted. 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 revisions to these documents are anticipated prior to release of the plat for filing. Gaffron stated the private road in Outlot E, which serves Lots 3 through 8, is subject to private easement and maintenance covenants, as well as an underlying access easement to the City. 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 the City Attorney, it is felt there is minimal risk, if any, to not requiring an underlying public easement when certain conditions exist. These conditions exist in this situation and include the following: 1. The private road being created does not have the potential to be extended to serve adjacent undeveloped properties; and 2. 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. Gaffron noted approximately 45 acres contained within Outlots A and C will remain undeveloped and protected by a conservation easement. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 12, 2015 7:00 o’clock p.m. _____________________________________________________________________________________ Page 5 of 37 6. #15-3739/3786 BPS PROPERTIES, LLC, 300 SIXTH AVENUE NORTH – FINAL PLAT, RESOLUTION NO. 6548 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 an 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 City Council adopt the resolution, subject to Staff and City Attorney confirmation of satisfactory completion of all required final submittals and documents. Council Member Walsh stated in his view it should be kept somewhat flexible for the developer in terms of where the homes will be located. Walsh stated in his view these conditions should be fairly easy to attach to the property and that the developer should be given some flexibility. McMillan noted these are large lots and that there is some flexibility relating to the location of the raingardens. McMillan stated she is in favor of Option A. Walsh stated he would tie it in with the issuance of the permit. McMillan stated in this situation, with the bigger lots, there is a lot of room to relocate them. McMillan stated she understands Staff’s position and that she is okay with Option A. Council Members Printup, Cornick, and Levang indicated they are okay with Option A as well. Jim Lane, Attorney-at-Law, stated he represents the residents in a lawsuit against the City of Orono, BPS Properties, and the MCWD. Lane stated they are requesting that the City Council not act on the final plat until all issues have been resolved. Lane noted he has submitted a letter summarizing his request to the Council and Staff tonight. Lane stated earlier today there were two separate motions pending in court regarding this matter. One previously pending motion was resolved in their clients’ favor this afternoon, allowing site inspections of the subject property by plaintiffs’ consultants and expert witnesses on Tuesday and Wednesday of this week. Another motion is still pending for rescheduling of a hearing on plaintiffs’ motion for temporary injunction against the City and others, which, absent rescheduling, currently is scheduled for October 19. Lane stated he is here this evening to request in the strongest possible terms that the City Council defer action on its final plat approval until the plaintiffs’ motions are fully resolved by the court and the plaintiffs have exhausted their administrative remedies before the MCWD, which is scheduled for October 22. Lane stated the bullet points in his letter outline the specifics of their requests. Lane stated the plaintiffs have important rights under the Minnesota Environmental Rights Act and that they strongly object to the City’s apparent readiness to grant final plat approval this evening. This land use application is very important to the City of Orono and to area residents whose statutory rights are at stake. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 12, 2015 7:00 o’clock p.m. _____________________________________________________________________________________ Page 6 of 37 6. #15-3739/3786 BPS PROPERTIES, LLC, 300 SIXTH AVENUE NORTH – FINAL PLAT, RESOLUTION NO. 6548 (continued) The Council’s decision deserves deliberate, well considered applications of the science of ecology and environmental protection to the natural resources that will be impacted by any ultimate approval action. Failure to apply such principles risk irrevocable degradation or destruction of those resources. The plaintiffs are prepared to help the Council through that process but not tonight. Lane stated his clients have important statutory rights, and the property itself has important natural resources with ecological and environmental value that deserve legally determined protection. These are material issues that deserve further consideration and opportunities to be determined on their merits. Lane stated no undue harm to the City or to the developer will occur if the City Council defers final plat approval until after final adjudication of the parties’ rights by the Court. However, if the City Council does grant final plat approval this evening, it will be on record as a governing body as having preemptively stepped in front of a court of law, which in this case is exercising equitable jurisdiction in this very important environmental matter. Further, in the event of final plat approval this evening, the City will have gone on record as having denied residents of the State of Minnesota of undeniable due process rights made available to them by the Minnesota Environmental Rights Act. If that should occur, the violation of the citizens’ fundamental rights that lead to a decision to grant final plat approval necessarily will lead to future protra cted and costly litigation for the City. Lane stated the City Council should defer its decision with respect to final plat approval so that it does not get ahead of itself in pending judicial or decision-making processes. Lane stated for all of these reasons, his clients object to the City Council’s granting of final plat approval for BPS Properties’ Mooney Lake Preserve and request that such action be tabled to a date to be determined that is consistent with future orders of the Hennepin County District Court. Jeff Watson, Attorney-at-Law, stated he is appearing here tonight representing BPS Properties and George Stickney. Watson stated they are not going to argue here what is being argued in Hennepin County District Counsel. Watson stated the City has received legal counsel and they are in agreement with that counsel. Watson stated they would request final plat approval tonight. Cornick asked if there would be any damages if the application is delayed. Watson stated there would be and that an affidavit listing their damages is on file with the Hennepin County District Court. Watson stated in his view this is not the proper forum to argue the case. The plaintiffs argued their motion for a temporary restraining order, which was denied, and the plaintiffs will again be arguing their case on Monday afternoon. Watsons stated an affidavit has been filed by Mr. Stickney in opposition to the motion along with his estimation of the damages that would result from losing an entire construction season. Lane stated he would like to remind the Council that the MN Environmental Rights Act does not allow economic damages for economic issues to be awarded under the Environmental Rights Act. Lane stated he would ask the City Council to consult the City Attorney to verify that. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 12, 2015 7:00 o’clock p.m. _____________________________________________________________________________________ Page 7 of 37 6. #15-3739/3786 BPS PROPERTIES, LLC, 300 SIXTH AVENUE NORTH – FINAL PLAT, RESOLUTION NO. 6548 (continued) City Attorney Mattick stated in terms of the plaintiffs’ desire to not have a decision tonight, the court was made aware of tonight’s meeting and chose not to prohibit the City from taking any action. Mattick stated in addition, there are various timelines under MN Statutes that require cities to act on these applications. As it relates to a final plat, there is a 60-day limit to act on a completed application. Mattick noted most of the heavy lifting on these types of applications is done at the preliminary plat stage, which has already been reviewed by the Council and approved. Mattick stated as it relates to damages, that is an item that is before a judge right now and there is nothing that prevents the Council from acting. The review at the staff level has been thorough. All the items that have been requested be addressed have been reviewed and are now before the City Council for their approval. Mattick noted Staff’s report discusses that the Council’s approval tonight is still subject to Watershed approval and that no grading will occur, no trees with be cut, and the mylars will not be released until that approval is gained. Mattick stated while the statement in terms of once it is gone, it can’t come back, in general is true, approval tonight does not release the developer to go out there tomorrow and start working and that the developer still needs to go before the Watershed District. Mattick stated with all due respect, he does not agree with plaintiffs’ counsel. Levang asked when the 60-day period expires. Gaffron stated the application was received on September 15 and 60 days from that would be approximately November 15. Gaffron stated he is not sure whether the application submitted was totally completed on September 15 since a few items came in late. Gaffron stated in his view November 15 would be a safe date to say for the 60-day limit. Levang noted that does give the Council some time if they choose to give the plaintiffs some additional time. Mattick indicated the Council can do that if the Council feels there is something missing from the application. Walsh stated this is probably the third time in as many months where the City has had issues relating to a lawsuit brought up, and that it is not the City’s job to adjudicate those issues since those are legal arguments. Walsh stated the Council’s job is to act on the items that are before them, and if the application is ready to be approved, it is ready to be approved. McMillan stated the applicant has everything ready for final approval and that approximately half of the acreage is in a land trust and that the development is low density. McMillan stated in her view a lot of work has gone into making this development environmentally sensitive and that the City’s Attorney has indicated the Council can proceed on final plat approval tonight. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 12, 2015 7:00 o’clock p.m. _____________________________________________________________________________________ Page 8 of 37 6. #15-3739/3786 BPS PROPERTIES, LLC, 300 SIXTH AVENUE NORTH – FINAL PLAT, RESOLUTION NO. 6548 (continued) Walsh moved, Cornick seconded, to adopt RESOLUTION NO. 6548 , a Resolution Granting Final Plat Approval for Subdivision of the Property Located at 300 Sixth Avenue North to be known as Mooney Lake Preserve, subject to Option A, which would need to be completed prior to a permit being issued on the project. VOTE: Ayes 5, Nays 0. *7. #15-3761 RIDGE CREEK CUSTOM HOMES, 4775 NORTH SHORE DRIVE, RIGHT- OF-WAY VACATION – RESOLUTION NO. 6549 Printup moved, Walsh seconded, to adopt RESOLUTION NO. 6549, a Resolution Vacating a Dedicated Right-of-Way Within the Plat of Bergquist’s and Wicklund’s Park, Hennepin County, Minnesota, for the property located at 4775 North Shore Drive. VOTE: Ayes 5, Nays 0. 8. #15-3770 JON NORRIS AND CATHERINE MORRISON AND PATRICK AND MELISSA MULHERN, 460 ORCHARD PARK ROAD, PRELIMINARY PLAT Gaffron stated this is a proposed subdivision to split the existing property into two building lots that would be served by a shared driveway. Both lots would be served by private wells and septic. The property consists of a single 23-acre parcel with a home, detached garage, and a number of other accessory structures. The applicant is proposing two lots, which are very irregular in shape due to the odd property shape, the location of wetlands, and in order to contain sufficient dry buildable acreage within each lot while establishing desirable home sites and incorporating suitable sites for onsite sewage treatment systems. Gaffron noted there is a fairly large wetland on the property. The revised preliminary plat drawing depicts 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, which would require a variance to the zoning code provisions that do not allow accessory structures nearer the road than the principal structure. The Council should discuss whether those variances are supported for each lot. Access to both lots is via a shared 20-foot driveway in Outlot B, branching off to two individual driveways at a width of approximately 12 feet. The corridor created by Outlot B at 90 feet in width is extremely wide as compared to the typical 30-50 foot 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-foot lot line setback to driveway requirement and needs to provide for the appropriate floodplain and drainage management facilities. One of the issues Staff discussed with the applicants is that the neighboring lot is so small that it may require additional land. The current applicants are suggesting that there could be an area they would be willing to turn into an outlot to make it possible for the neighbor to acquire. Gaffron stated it then becomes a matter of the cost and whether the neighbors would like to acquire that land. Gaffron noted this applicant does not have an obligation to provide access to that lot. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 12, 2015 7:00 o’clock p.m. _____________________________________________________________________________________ Page 9 of 37 8. #15-3770 JON NORRIS AND CATHERINE MORRISON AND PATRICK AND MELISSA MULHERN, 460 ORCHARD PARK ROAD, PRELIMINARY PLAT (continued) Lot 1 consists of 10.68 acres but includes 5.42 acres of wetland. Lot 2 consists is 10.94 acres and consists of 1.58 acres of wetland. The applicants have provided a Conservation Design Report, which has been included in Council’s packet. The site is fairly open, with the only place with trees is essentially the area around the house, around the fence lines, and the wetlands. None of those areas are expected to be impacted. The City Engineer has provided some general and detailed comments and the applicant has submitted revised plans that appear to address many of those comments. Gaffron noted the revised plans have not been reviewed by the City Engineer at this point. 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, that driveway can be as narrow as 12 feet. It is currently proposed at 10 feet, which will have to be expanded to 12 feet. If the house is not sprinkled, the driveway should be 20 feet in drivable width wherever possible. In either case, a loop should be incorporated into the driveway near the house for emergency and service vehicle maneuverability. The Council should consider whether there is a need to provide for any additional plantings or a landscape plan. If this was a formal private road rather than a driveway, the code would require one tree per 40 feet of frontage. The Planning Commission reviewed this application at their August meeting 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 10-foot front setback line is approximately 110 feet where 300 feet 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. The Planning Commission voted 6-0 to recommend approval of the preliminary plat subject to a Conservation Design Report being submitted prior to Council review of the application. In addition, the applicant shall agree to construct the shared driveway as a development improvement rather than waiting for home construction to begin, adhere to the recommendations of the fire marshal as to individual driveway width and configuration, and addressing the City Engineer’s comments and recommendations prior to Council review. Gaffron stated the Council should review the conservation design materials and determine whether there are any potential concerns. The Council should also review whether a formal landscaping plan is required and confirm whether the necessary lot width variance for Lot 1 is acceptable. The final issue the Council should discuss is whether the location variances for the proposed pole barns located closer to the street than the principal residences might be supported. Gaffron stated if the Council feels that all issues of concern have been addressed, they should provide Staff with direction for moving forward. McMillan asked if access through the Jacobs Mills property would be on the east side of this development. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 12, 2015 7:00 o’clock p.m. _____________________________________________________________________________________ Page 10 of 37 8. #15-3770 JON NORRIS AND CATHERINE MORRISON AND PATRICK AND MELISSA MULHERN, 460 ORCHARD PARK ROAD, PRELIMINARY PLAT (continued) Gaffron pointed out the Whelan property and the Jacob Mills property. Hennepin County and MN/DOT stated there is a possibility access could come around the edge of the wetland and up to County Road 6 rather than going up the hill to County Road 6. Gaffron noted that option would require review by the Jacob Mills’ homeowners association. Gaffron stated another option would be to continue the 33-foot corridor out to Orchard Park Road, which would be very expensive since it would need to go through some wetland. Gaffron stated from a county and state perspective, the Whelans do have access options but that access has not been resolved yet. Gaffron noted he has not heard from the Whelans. McMillan stated she wanted everyone to be aware that access to the Whelan property still needs to be determined. McMillan asked if the septic needs to be tested. Gaffron indicated it has been tested and it has been confirmed that there is room for an alternative site on that lot. McMillan stated as it relates to the southern pole barn, the proposed location is not near the proposed driveway, but the northern pole barn is located closer to the driveway. McMillan stated she is not sure how important it is to have the barns near a paved access and whether the two barns should be located closer to one another. Gaffron stated this is an issue that could be discussed with the applicant. McMillan asked if the applicant would like to address any of the issues. It was noted the applicant is not present. Mark Gronberg, Surveyor, indicated he has worked on this application and that the idea was to have the pole barns in front of the existing building. Gronberg noted the locations depicted on the plans may not be the exact locations but that the barns would likely be west of the existing home. McMillan stated the southern pole barn is more of an issue since it is closer to the traveled roadway. Levang asked if it would be visible. Gronberg indicated the roof might be for some homes to the southwest or southeast but that these are pretty big lots and there are a number of trees that would help shield the barn. McMillan asked what the Council feels about a landscaping plan. Levang stated in her view there is enough natural landscaping and that the City does not have to require additional landscaping. Levang stated her only issue with the one pole barn was whether it would be visible from the street, and if that was the case, she would be inclined not to be in favor of it. Gronberg stated the location of the pole barn could be worked out at the time of the building permit. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 12, 2015 7:00 o’clock p.m. _____________________________________________________________________________________ Page 11 of 37 8. #15-3770 JON NORRIS AND CATHERINE MORRISON AND PATRICK AND MELISSA MULHERN, 460 ORCHARD PARK ROAD, PRELIMINARY PLAT (continued) Printup moved, Levang seconded, to direct Staff to draft a resolution granting preliminary plat approval for Application No. 15-3770, Jon Norris and Catherine Morrison, and Patrick and Melissa Mulhern, 460 Orchard Park Road. VOTE: Ayes 5, Nays 0. 9. #15-3774 MICHAEL STEADMAN ON BEHALF OF IRWIN JACOBS, 1700 SHORELINE DRIVE, PRELIMINARY PLAT Michael Steadman, applicant, was present. Gaffron stated the applicant is proposing to split off three new 2-acre building sites from the northerly portion of the 31-acre property, to be accessed via an extension of Heritage Lake. The new lots would be served with municipal sewer and private wells. The Planning Commission, at its August meeting, tabled the application 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, the Planning Commission voted 6-0 to recommend approval of the application subject to a number of conditions. Gaffron noted this property is one of Orono’s few remaining large lakeshore estates. It is bordered on the north by Tanager Lake, on the south by County Road 15 and Minnetonka, and on the west it borders additional large lots as well as the Foxhill neighborhood. The owner has chosen to split off three large lakeshore lots with frontage on Tanager Lake. The existing residence will remain but could be subdivided in the future. The view from the south is of Heritage Lane. The applicants are proposing to split off three lots in the wooded area, extend the cul-de-sac, and construct a new cul-de-sac with a stormwater pond. Each lot would have individual driveways with the homes being approximately 150 feet from the lake. Gaffron stated the project has had a bit of scrutiny from the neighborhood. The neighbors are concerned about the construction process and the building of homes over the next number of years. Another concern expressed related to the extension of Heritage Lane. Heritage Lane is a public road and was initially extended when it was created in 1965 by the addition of a corridor that went to the end of the subdivision. Gaffron stated in his view the intent was that it would serve the adjacent Jacobs property. The Planning Commission recommended the following conditions: 1. A parking area for construction vehicles shall be established within the property, with 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, which is more restrictive than the City’s current construction standards. Signage to this effect is to be posted. 3. Street cleaning of Heritage Lane to be conducted on a daily basis at the end of the day. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 12, 2015 7:00 o’clock p.m. _____________________________________________________________________________________ Page 12 of 37 9. #15-3774 MICHAEL STEADMAN ON BEHALF OF IRWIN JACOBS, 1700 SHORELINE DRIVE, PRELIMINARY PLAT (continued) The Planning Commission also recommended that the City Engineer have a 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. The Consulting City Engineer’s office has indicated they do not see any significant concerns and that construction work does not appear to impact any public street. Gaffron stated the neighbors feel the construction will impact them due to the narrowness of the road and have an impact on the quietness of the neighborhood. Gaffron stated in front of the Council tonight is a significant amount of information, and if the Council is looking for more definitive information, Staff can provide that. Gaffron stated the option that the neighborhood would like access coming through the Jacobs property is not practical and Hennepin County does not look favorable on that driveway serving as the construction access. The Planning Commission did look at a number of documents that were provided by the applicant, including a letter from a grading contractor who suggested that slopes in the range of 10 to 12 percent would not be reasonable for a temporary construction access. There are some steep slopes and bluffs that the developer’s engineer can address. Staff is not supporting or recommending a second access coming from the south and in Staff’s view Heritage Lane remains the best access. The applicant has discussed with Staff how the City determinations of building height and number of 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. Those grades likely will not be established until the homes are being constructed. An updated Conservation Design Report was submitted prior to the September Planning Commission meeting and is included in the Council’s packet. The Conservation Design Report states that the existing drainage patterns will generally be maintained, the wetlands will be preserved and buffered, with the exception of the small wetland within the Heritage Lane right-of-way, and a vegetation management plan for the invasive species observed onsite will be implemented. There will be tree preservation areas along the perimeter of the site, including the 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. 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. Due to the proposed house locations within the 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. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 12, 2015 7:00 o’clock p.m. _____________________________________________________________________________________ Page 13 of 37 9. #15-3774 MICHAEL STEADMAN ON BEHALF OF IRWIN JACOBS, 1700 SHORELINE DRIVE, PRELIMINARY PLAT (continued) The City Engineer is recommending that the existing cul-de-sac at the end of Heritage Lane be removed upon completion of the extension. The Park Dedication Fee will be for three new lots for a total of $16,650. The property will also be subject to the Stormwater and Drainage Trunk Fee, resulting in a total fee for three lots of $23,040. Lot 4, which is further subdividable, will not be charged the stormwater fee at this time. The Council should discuss the following issues: 1. Does the Council have any concerns regarding the proposed road width, length and design? 2. The Council should review the Conservation Design materials 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 the 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? McMillan stated she would like to break up the Council’s discussion into two parts, with the Council talking about the development first and then discussing the construction traffic. Steadman stated the Jacobs have resided on this property for 42 years and it is a landmark property in Orono. Steadman stated if you look at the overhead view of the lake side, there is 750 feet along Smith Bay. The only access to the east is the driveway, which does not have a turn lane. The main estate sits in approximately the middle of the property. Steadman stated the key item he would like to point out is that the distance between the main entrance of the estate to the proposed cul-de-sac is approximately 1,800 feet. Steadman indicated he does have a letter from the excavator who stated it would be a very unsafe situation to have construction traffic attempt to gain access and leave via that temporary road. Steadman stated he has made an effort to be engaged with the residents of the Foxhill neighborhood and listen to their concerns. Steadman stated they have agreed to disagree on some items, but that in his view there has been a good communication effort made. Steadman stated in an effort to address the residents’ concerns, they will be constructing a parking area for all construction vehicles, performing daily street sweeping, and limiting the construction hours. In addition, the contractors for each new lot will meet with the neighbors at the outset and throughout the construction period as needed to answer any questions and address any issues the neighbors may have. Other restrictions include the following: Any and all construction traffic will be parked onsite, the contractor will restrict their speed limit to 15 miles per hour, and the contractor will inform all contractors about deliveries. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 12, 2015 7:00 o’clock p.m. _____________________________________________________________________________________ Page 14 of 37 9. #15-3774 MICHAEL STEADMAN ON BEHALF OF IRWIN JACOBS, 1700 SHORELINE DRIVE, PRELIMINARY PLAT (continued) Walsh stated everyone knows that there is a public right-of-way down there and that there is going to be a development. Walsh stated he does not have any issues with that in general but that in his view some of the other issues need to be discussed. Cornick stated he is good with the overall development. Levang stated she is fine with the development and the proposed building pads. Levang indicated she does have a concern about the two cul-de-sacs and that she would like to discuss that. Levang stated in her view the tree preservation is important and that she is hearing the applicant is concerned about that as well. The City Council does have the Conservation Design Report, which takes into account that there are some species that need to be eliminated, but that she is pleased with the overall design. Printup stated he has a question regarding the lot layout. Printup asked what potential there is for a future connection going southward as you come off of the cul-de-sac where the lots begin to get platted. Printup stated he is thinking of a future connection going southward to future development. Mark Gronberg, Surveyor, stated the slopes are too steep in that area to have a road. Gronberg stated they showed slopes of 12 percent and the elimination of a number of trees. Gronberg stated it is very doubtful they would want that as a city street for future developments. Printup asked if this development would happen if Heritage was a private road. Gaffron stated he is not sure whether he can answer that, but that it might be a similar situation to the Bollis application. Gaffron stated in this case there is a public road that is platted to the property boundary and that there really is no rationale for putting a road through the middle since there are only two lots being platted. Walsh stated there would also need to be some easements, and without those, it would not happen. McMillan stated she was surprised at the two cul-de-sacs and that she had assumed there would be a road that would branch off into each individual lot. McMillan noted there are quite a bit of big woods in that area, and on the Dayton property, the City requested the cul-de-sac be pulled out of the woods. McMillan asked if it is too late to look at removing the new cul-de-sac and having the three driveways branch off the other cul-de-sac, which would save a lot of trees. McMillan stated the idea of having a cul-de-sac 100 feet away from the other cul-de-sac is not really accomplishing much except for snow plowing. Gaffron stated in his view the elimination of that cul-de-sac has not been considered since the applicants were attempting to meet the requirements of the Code. Gaffron stated in his view the developer would prefer not to have to construct a new cul-de-sac. Gaffron stated Staff will have to look at the dimensions of the existing cul-de-sac to see whether that should be upgraded but that there would still need to be a driveway going through the wetland. McMillan stated the second cul-de-sac in the middle of the woods is not very natural looking. McMillan stated she understands the need for a turnaround and the ability to maneuver vehicles, but that this may be a situation where the Council can allow some flexibility. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 12, 2015 7:00 o’clock p.m. _____________________________________________________________________________________ Page 15 of 37 9. #15-3774 MICHAEL STEADMAN ON BEHALF OF IRWIN JACOBS, 1700 SHORELINE DRIVE, PRELIMINARY PLAT (continued) Gronberg stated it is a great idea but that they may need some type of firetruck turnaround. Gronberg stated in his view they could possibly save some of the bigger trees but that there would still need to be some ponding and culverts. Gronberg stated the goal is to keep it under the 1,000 foot exemption. McMillan stated as far as the sewer connections, she would let Staff work that issue out and provide the City Council with a couple of options. Levang stated if that cul-de-sac is eliminated, some temporary surface parking could be created for the construction vehicles. McMillan asked what the Council feels about the construction. Walsh stated he would like to hear from the neighbors. McMillan noted the City Council does have the minutes from the Planning Commission on this item, and if the public would like to make some comments, she would ask that they limit it to items they have not already addressed. Steven Byrnes, 1025 Heritage Lane, stated he is the president of the Foxhill Homeowners Association, and that the residents have been in communication with Mr. Steadman for a number of months regarding this development. Byrnes stated he represents the three homes in the neighborhood and that there are three more homes that have also weighed in on this development that do not belong to the homeowners association. Byrnes stated they do not oppose the development of the lots but that their opposition comes from the impact and intrusion of the construction traffic. Byrnes noted he had an opportunity to discuss this application with Mr. Steadman and Council Member Walsh this afternoon and that their concern relates basically to the construction of the homes. Byrnes stated the street is only 24 feet wide and that in their views there are some ways to mitigate this. Byrnes stated their number one concern is safety and that turning right or left out onto County Road 15 is dangerous at any time of the day. Byrnes noted there are 16 children that live in the neighborhood and attend school. Byrnes stated it is important the school bus is able to safely get in and out of their neighborhood and that the residents would ask the Council to look at other options as it relates to the construction traffic. Dan Hoffman, 1135 Heritage Lane, stated the elimination of one of the cul-de-sacs makes a lot of sense and would help to save a lot of trees. Hoffman stated the residents wish there was a way to have an access road through Jacobs’ property, which has been explored by the developer, but that it might be possible to have others not associated with the development look at the property. Hoffman stated in hi s view they could find a route that does not have too much grade, but that he is not sure that route will be found if that person is employed by the developer. Hoffman stated it would be nice to have an independent engineer look at it. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 12, 2015 7:00 o’clock p.m. _____________________________________________________________________________________ Page 16 of 37 9. #15-3774 MICHAEL STEADMAN ON BEHALF OF IRWIN JACOBS, 1700 SHORELINE DRIVE, PRELIMINARY PLAT (continued) Dennis Libby, 1000 Heritage Lane, stated he and his wife own the lot that is the longest contiguous lot next to the Jacobs’ property. Libby stated they were aware that the extension to the cul-de-sac was there, and that despite that, they have come to the reality and acceptance of the fact that there will be three new neighbors that traverse Heritage Lane. Libby noted he is an officer of the Foxhill Homeowners Association and that his function is to manage the common areas. There are some common areas that have to be mowed and taken care of during the course of the summer months. One of the things that is an expression of the pride of ownership in the neighborhood is the beautiful setting. Libby stated he would like to repeat some of the statements he made on August 12 to the Planning Commission. Libby stated some of his comments have been taken to heart and some have been ignored. Libby indicated he also has given Staff some visual aids that will provide the Council with a different perspective on what their neighborhood is like rather than some black and white drawings. Libby stated based on the second opinions having to deal with engineering, grading and conservation, some of those opinions are very contradictory to the City Engineer’s recommendations and the Planning Commission’s recommendations to the City Council. Libby stated he would strongly recommend the Council delay the decision to approve Heritage Lane as the primary construction route for this project. Libby stated far too many purely engineering approaches have been taken in this case and there has been far too little of the human and safety elements and the foot hazards to foot and driver traffic taken into consideration within this mature neighborhood that should be self-evident to everyone. Libby stated he is not sure how many of the Council members or Staff have visited their neighborhood or walked the Jacobs’ property to see the physical evidence of what has been referred to as a legacy property. Libby stated there will be the daily physical movement of materials and construction traffic, the idling and parking and waiting for vehicles that will not be able to move in a bidirectional route on Heritage Lane due to the limited street width. Libby stated it would be intrusive, impractical, and outrageously inconvenient to the balance and synergy of their neighborhood, not to mention the diesel fuel exhaust and other environmental factors that would be intrinsic to this type of a project. Libby stated those type of hazards should always be avoided in a mature residential neighborhood. Libby stated despite his grief and sense of loss after coming from a funeral, as soon as he drove into his neighborhood and saw the beauty of the area and the school bus full of young children, he immediately saw what makes their neighborhood a neighborhood. Libby stated children and family make communities and that communities make up the core of their culture. Libby stated he would like to have Staff show the Council the evidence of the school bus pulling into their neighborhood and the normal parking of a single car, the lawn mowing and grooming service that the residents perform. City Planner Curtis played the video referred to by Mr. Libby. Libby stated Heritage Lane is only about three blocks long. Libby noted the construction equipment that will traverse down their road will be ten feet wide on average and some of them will be 75-feet long carrying 36-ton excavation equipment. Libby pointed out the cul-de-sac that the City has advised the developer to remove the pavement on either side. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 12, 2015 7:00 o’clock p.m. _____________________________________________________________________________________ Page 17 of 37 9. #15-3774 MICHAEL STEADMAN ON BEHALF OF IRWIN JACOBS, 1700 SHORELINE DRIVE, PRELIMINARY PLAT (continued) Libby stated that will not a practical maneuver for a school bus and that they have to back into his driveway in order to traverse and come back to go out to County Road 15. Libby stated in his view it is a very poor decision. Libby stated every time they look at the drawings of the development versus the already cultivated and engineered path that goes down behind the Jacobs’ property and into the land that is being developed, it does not provide a very good perspective of the area. Libby stated he also has some high definition photographic images that depict their neighborhood. Libby noted the video is now displaying a school bus at 3:00 in the afternoon, which does not have to deal with very heavy oncoming traffic in either direction, but that the bus driver has to wait due to persistent oncoming traffic. Libby stated the residents frequently have to wait a substantial amount of time just to get out onto County Road 15 and that it will be very difficult for very large and heavy construction vehicles to use that route. Libby stated the next picture depicts the city-owned access. Libby noted all of those trees will be completely clear cut and gone, which will change his view and his quiet enjoyment of the neighborhood. Libby indicated he had an arborist come in, and in his professional opinion the loss of mature tree cover is more dramatic and more impactful in the area of the cul-de-sac than it actually is through this route to bring the construction traffic in through the Jacobs’ property. Libby stated the next pictures depict the road that the current engineering team state cannot be modified and is not feasible into the development. Libby stated he has had another extremely credentialed engineer tell him that that is not true and that a 5-foot modification of this grade would accommodate the heavy equipment and haulers. Libby noted the alternative route would only disturb two individuals every time a construction vehicle goes by rather than 46 individuals that live in his neighborhood. Libby stated the next picture shows the bluff area that the developer and engineers continually refer to as a non-feasible access to the Jacobs’ property. Libby noted there is a 30-foot drop but that it is inconsequential since a straight over the bluff road is not necessary since there is already an engineered road that can be corrected and used. Libby stated the next picture is looking through the line of sight to several of the lots. The arborist has stipulated very specifically that there is very little loss to mature trees or Big Woods growth. Libby noted there has been talk about conservation and retaining tree growth. In the opinion of the professional arborist, this is the most shameful neglect of large standing mature wood trees that he has seen in the 35 years since he has been licensed. Libby stated the question of why now seems to be leaning towards the conservation card and that the thought of preserving trees over children and neighbors is beyond his comprehension. Libby noted he has included some copies of some historic documents, one of which is from a very interesting study found in a book written by Marie Andrews Commons. Included in the book is a hand drawn map by the author of the exact same estate. Libby stated it is interesting to see how this property looked at the time but that it presents a very different picture from what exists today. Libby noted the heavy woods are away from the residence and the cul-de-sac. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 12, 2015 7:00 o’clock p.m. _____________________________________________________________________________________ Page 18 of 37 9. #15-3774 MICHAEL STEADMAN ON BEHALF OF IRWIN JACOBS, 1700 SHORELINE DRIVE, PRELIMINARY PLAT (continued) Mayor McMillan closed the public comment portion of the hearing at 9:47 p.m. (Recess taken from 9:47 p.m. to 9:54 p.m.) Gronberg stated to get down to the cul-de-sac, they would have to go through a 12 percent slope. Gronberg stated the pictures do not show how steep it is for construction traffic. McMillan asked how much subbase would be required. Gronberg stated they are looking at six to ten feet of fill with a width of eight to ten feet at a 3:1 slope. Gronberg indicated he spoke with Steve Groan at Hennepin County who is in charge of issuing permits, and he said they would never approve a private driveway construction access if there is a public roadway nearby. Gronberg stated one of the main problems is that driveways are narrow, and with truck traffic coming out and another vehicle waiting on County Road 15 attempting to get in, that would back up traffic. Gronberg stated Hennepin County would not be in favor of it at all. Gronberg stated they also show that 127 trees would need to be removed for the temporary access, over a half acre of land disturbance and 1,350 cubic yards of fill being brought in and then taken out afterwards. Gronberg stated he has seen the letter from the excavator stating that it will not be a very safe condition for the truckers and that in his view, with the onsite parking and restrictions on the hours, access onto Heritage Lane is a better situation. Gronberg noted there is also a turn lane on County Road 15, which would not be available with the temporary road access. McMillan stated she did read all the information and that in her view the applicant and his representatives have done a good job trying to present some options. McMillan noted she lives on a public road that is 18 feet wide and that the school bus does not even go down her road since there is no cul-de-sac or turnaround. McMillan stated her neighborhood also experienced some development over the years and that she understands it can be a hassle. McMillan stated given everything she has read, the applicants have heard the neighbors’ concerns and have attempted to do the best they can to mitigate their concerns. McMillan noted the developer has a legal right to use Heritage Lane, and that in the 23 years she has been in Orono, she has witnessed how the City tries to balance personal property rights with the rights of the developer. McMillan stated in her view the City has done a good job with that. McMillan stated there is not a perfect solution to this, but that in her view the applicants have done a good job at mitigating the concerns by proposing restrictions on the construction hours and the onsite parking. McMillan stated the developer is putting a good foot forward and that she does not see the sense of putting in a temporary road that would further damage the environment. McMillan stated she is in favor of using what the developer has proposed and allowing access on Heritage Lane. Gronberg stated to construct the temporary road, they would also have to fill in some steep slopes next to the bluff, which is prohibited by City Code. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 12, 2015 7:00 o’clock p.m. _____________________________________________________________________________________ Page 19 of 37 9. #15-3774 MICHAEL STEADMAN ON BEHALF OF IRWIN JACOBS, 1700 SHORELINE DRIVE, PRELIMINARY PLAT (continued) Printup stated he read some information over the weekend that talked about 100 percent of the benefit being on one side and 100 percent of the burden being on the other. Printup stated he agrees with that statement 100 percent and that in his view an alternative access is possible. Printup noted street cleaning has been proposed. Printup questioned what the cost would be to the taxpayer for all the construction traffic going on a city street over the course of time. Printup stated that is also something the Council has to weigh. Printup stated he is in favor of the construction route going through the applicant’s property and relieving the neighborhood of that burden. Levang stated one of the things that has been brought up is the damage that could be done to Heritage Lane, and that she would propose to Mr. Steadman that pictures of the road be taken prior and post construction. Levang noted the developer would be responsible for any resurfacing, which would address that. Levang stated that is not a new practice and is something the City employs from time to time. Edwards stated they document the condition of all streets predevelopment and post development that will be utilized during the construction process. Steadman stated they would agree to that. Levang stated she has been on the property before and walked it today. Levang stated she understands it is really difficult to balance between wanting to ensure the safety of the residents and the rights of the developer. Levang stated she appreciates the video that was played tonight, but that she does not see how a temporary construction road could be built without great cost to the land. Levang stated she wants this to be a cooperative effort and that she does not want to see the neighborhood upset, but that she also does not want to see the project stopped because of that issue. Levang stated in her view Mr. Steadman has done a wonderful job and that she has never seen a developer who has been as proactive as Mr. Steadman has been. Levang stated Mr. Steadman has offered some very meaningful changes to what he is proposing and has attempted to talk to the residents and work with them. Cornick stated even if the temporary road could be constructed that could carry all the truck traffic, they would still have to deal with Hennepin County denying access. Cornick stated in his view there is only one option and that is Heritage Lane. Cornick stated the Council’s task is to think out of the box and to minimize the effect on the neighborhood. Cornick stated as an example, he can remember in Maple Plain where they had a similar situation where they could not get traffic out onto Highway 12. In that instance they actually had a Maple Plain police officer out there every day during rush hour directing traffic onto Highway 12, which could be an option in this situation. Cornick stated now would be a great time to start petitioning Hennepin County for a stoplight at North Shore and Shoreline. Gronberg stated they were also proposing a right turn in only, which would also help things. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 12, 2015 7:00 o’clock p.m. _____________________________________________________________________________________ Page 20 of 37 9. #15-3774 MICHAEL STEADMAN ON BEHALF OF IRWIN JACOBS, 1700 SHORELINE DRIVE, PRELIMINARY PLAT (continued) Cornick stated that is the type of thing the City needs to think of and do to the max for the residents. Walsh stated he likes the suggestions made by Council Member Cornick. Walsh stated he is not sure the residents will feel any better knowing that they could tear up their road with the construction traffic and then tear it up again reconstructing it a few years later. Walsh noted he did meet with Mr. Steadman and a number of the homeowners on the property. Walsh stated in his view the temporary access road felt doable and that there is not a ton of trees that would get damaged. Walsh noted the number of citizens affected in this situation is 46, with 17 children. Walsh stated in his view it is a matter of not being able to get a road built but rather a matter of the developer not wanting to. Walsh stated in some of the dialogue the parties did have some give and take and that he knows the homeowners have said they have no problem creating the initial cul-de-sac since it is a 30 to 45-day project. Walsh noted Hennepin County has not denied access but has simply said they would not allow it at this point. Gronberg indicated they said they would never approve that versus the use of a public road. Walsh stated that discussion is still waiting to be had since it has not been formally denied. Walsh stated he is sure some of the homeowners would like to have that discussion. Walsh stated in his view the neighborhood has done some compromise but that he has not really seen any compromise on the developer’s side. Walsh stated there is no question this project will harm the neighborhood and that there is not a good situation for everybody. Walsh stated he would not be in favor of it unless construction goes through 1700 Shoreline Drive. McMillan noted the temporary construction road would use the cul-de-sac, and if one of the lots is sold where the temporary road is built, the developer would not be able to sell the southern lot until the northern lot is built. Walsh stated the neighborhood has said build the temporary access road and that it can be done but it is not the perfect solution for the Jacobs. Levang moved to direct Staff to draft an approval resolution for Application No. 15-3774, Michael Steadman on behalf of Irwin Jacobs, 1700 Shoreline Drive, granting of preliminary plat for the property located at 1700 Shoreline Drive. Gaffron asked if the developer would be interested in providing some additional plans exploring the option of not constructing the second cul-de-sac. Gaffron stated from a timing standpoint, the City does have a 120-day review period that extends until the middle of November. Gaffron asked what the developer’s time frame is on the project and whether he would be willing to delay approval for a month. Steadman asked if that is something that could happen at final plat. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 12, 2015 7:00 o’clock p.m. _____________________________________________________________________________________ Page 21 of 37 9. #15-3774 MICHAEL STEADMAN ON BEHALF OF IRWIN JACOBS, 1700 SHORELINE DRIVE, PRELIMINARY PLAT (continued) Gaffron stated once preliminary plat approval is approved, it is essentially the City’s commitment to a plan. Gaffron stated whether there is a cul-de-sac or not is a significant element of the development. Steadman asked if the delay would be two weeks. Gaffron stated it would probably be four weeks out, which would give a chance for the developer to examine whether that works. Gaffron stated it would make sense to explore it for a couple of weeks, come back with some plans, and then do a preliminary plat resolution. Steadman indicated he would be open to that. Levang withdrew her motion. Levang moved, Printup seconded, to table Application No. 15-3774, Michael Steadman on behalf of Irwin Jacobs, 1700 Shoreline Drive. VOTE: Ayes 5, Nays 0 *10. #15-3775 JEFF ZITZLOFF, 1380 BRIAR STREET, VARIANCES – RESOLUTION NO. 6550 Printup moved, Walsh seconded, to adopt RESOLUTION NO. 6550 , a Resolution Granting Lot Area, Lot Width and Setback Variances from Orono Municipal Code Sections 78-420, for the property located at 1380 Briar Street. VOTE: Ayes 5, Nays 0. *11. #15-3778 TODD BALAN, 2905 CASCO POINT ROAD, VARIANCE – RESOLUTION NO. 6551 Printup moved, Walsh seconded, to adopt RESOLUTION NO. 6551, a Resolution Granting Variances from Municipal Zoning Code Sections 78-1288, 78-1680, and 78-1700, for the property located at 2905 Casco Point Road. VOTE: Ayes 5, Nays 0. 12. #15-3779, TRINITY CHURCH, 2060 SIXTH AVENUE NORTH, CONDITIONAL USE PERMIT AND VARIANCE – RESOLUTION NO. 6552 Gaffron stated the Trinity Lutheran Church is proposing to redo their existing monument sign which is located quite a ways off the road. The Church is proposing to install a new electronic reader board. Gaffron indicated the Planning Commission was fine with the proposal but suggested a condition be imposed that the interval between message changes be at least eight seconds so drivers will not be distracted by the change in message. Gaffron noted there is an approximate 6-second interval for drivers to pass the sign from the time it is first visible. Gaffron noted a question was asked earlier about what the City did with the school’s reader board. Gaffron stated that sign was approved back in 2005 and no condition was placed on how often the message could be changed in the resolution. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 12, 2015 7:00 o’clock p.m. _____________________________________________________________________________________ Page 22 of 37 12. #15-3779, TRINITY CHURCH, 2060 SIXTH AVENUE NORTH, CONDITIONAL USE PERMIT AND VARIANCE – RESOLUTION NO. 6552 Planning Commission and Staff are recommending approval and Staff has prepared an approval resolution. McMillan noted she was on the City Council in 2005 when a discussion was had regarding the school sign. The Council at that time did not want the message to be changing often and that to her knowledge the school only changes it once a day. McMillan stated in fairness to the school, the City should perhaps allow them to do the same as the Church. McMillan stated in her view changing the message every eight seconds might be too often. Ken Jenson, Trinity Church, stated they have timed the traffic going by and the line of sight and that it takes approximately six seconds for a car to travel that distance. Jenson stated in his view there is six seconds of viewing time and that the eight seconds proposed is very acceptable. Jenson stated he has sat out in front of the sign by the high school and that it changes every three seconds depending on the time of day. Jenson stated the school is not doing that all the time. Jenson indicated he has talked with a lot of other churches and a number of them change it 15 times a day. Jenson stated they would like as much flexibility as possible. Jenson noted the sign will be for the church as well as for community groups and that he would like to stay with the eight seconds if they can. McMillan asked what the goal is for changing the sign so often. Jenson stated their view is they are not putting up a flashing sign or video but that they would like to send a simple message consisting of a line or two. Jenson stated they can live with more than eight seconds, but that when someone drives by at 55 miles an hour in six seconds, the drivers cannot absorb much. McMillan stated it sounds like the goal is to rotate a lot of different messages throughout the day but that the drivers will be different throughout the day. Jenson stated 4,500 cars go by the church in a day, which is a lot of opportunity to communicate what is going on at the church and in the community. Jenson stated they are trying to have some flexibility and that once a day would be totally unreasonable. McMillan stated she would like to have the signs consistent out of fairness. McMillan stated the City will likely be seeing more of these reader boards and that they should be consistent. Gaffron indicated Staff could discuss the sign with the school to see exactly what they are doing. Jenson stated they are worried about frost and that they would like to get the work done in the near future. Jenson stated they could live with the message changing every 60 seconds. Printup indicated he is fine with the 60 seconds. Levang asked what some of the messages would be. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 12, 2015 7:00 o’clock p.m. _____________________________________________________________________________________ Page 23 of 37 12. #15-3779, TRINITY CHURCH, 2060 SIXTH AVENUE NORTH, CONDITIONAL USE PERMIT AND VARIANCE – RESOLUTION NO. 6552 Jenson stated it could be simply good morning or what time the church is having mass or what time the Boy Scouts are meeting. Jenson stated the idea was to have it be a resource for the community. Levang stated she likes the design of the sign. Levang indicated she is in agreement that the signs should be consistent and that the City should have a standard that is applicable across the board. Levang moved, Printup seconded, to adopt RESOLUTION NO. 6552, 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), for the property located at 2060 Sixth Avenue North, with 60 seconds being allowed between messages rather than 8 seconds. VOTE: Ayes 5, Nays 0. 13. #15-3781 STONEWOOD ON BEHALF OF BELLE AND HARRY YAFFE, 3185 CASCO CIRCLE, VARIANCES Sven Gustafson, Stonewood, LLC, and Kathy Alexander, Architect, were present. Curtis stated the applicant is proposing to construct a new single-family home on the property which is substandard in area and width. The applicants are requesting an average lake shore setback in order for a portion of a four-season porch to encroach lakeward. Lot area and lot width variances are also requested. There was a considerable amount of discussion at the Planning Commission regarding this application as well as discussion with the neighbor located at 3595 Casco Circle. At the Planning Commission meeting, the applicant made a revision to their plan verbally based on discussions with the neighbor. Since the Planning Commission review, the applicant has provided a revised plan which reflects a 6-foot encroachment into the average lakeshore setback rather than the 7.5 foot setback that was initially proposed. No rear setback variance is requested currently as was discussed at the Planning Commission. The applicants had originally proposed to move the house back but have instead decided to shrink the size of the house. Curtis noted 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 and is shown on the survey. At the September meeting following public hearing and public comment, the Planning Commission voted on a motion in favor of approval of the variance as modified, which included 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. No other motion was made. Staff recommends approval of the lot width and lot area variances. If the Council determines there are practical difficulties supporting the requested 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. The Council should consider the revised request by the applicant as well as the revised comments from the neighbor and direct Staff accordingly. McMillan asked if the patio has been removed in front of the encroachment. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 12, 2015 7:00 o’clock p.m. _____________________________________________________________________________________ Page 24 of 37 13. #15-3781 STONEWOOD ON BEHALF OF BELLE AND HARRY YAFFE, 3185 CASCO CIRCLE, VARIANCES (continued) Curtis stated she is not sure whether the patio was included in the initial plan, but because Staff was not sure what was included, it is now shown in detail on the plans and on the survey. Curtis noted it is shown on the left side or lake side of the property. Cornick noted it is alleged that the fireplace in question was constructed without city knowledge or approval. Cornick asked if the fireplace is illegal. Curtis indicated it was constructed without proper city permits and the property owner was notified at that time that it was illegal. The City did not pursue removal of it at that time. McMillan asked if the neighbor’s patio has a railing. Curtis stated it has a small wall around it that appears to be approximately 36 inches high. McMillan asked if that would be considered structure. Curtis stated technically they could meet the railing provision at the 36 inches. McMillan asked if the City does not allow patios higher than that within the average lakeshore setback. Curtis stated if it is elevated above grade 42 inches or greater, it would not be allowed without a variance. Curtis displayed photographs of the patio and the fireplace. Levang asked if the neighbor’s letter dated October 8 is different than what was presented at the Planning Commission. Curtis indicated it is. Curtis stated the neighbor is not here tonight but her attorney is present and perhaps could clarify it. McMillan asked if there is a second story about the four-season porch. Curtis stated it has a roof above it but to her knowledge it does not have any living space above it. Gustafson stated nothing has changed in their design other than making the house smaller. Levang stated the question is whether there is a practical difficulty for the four-season porch. Sven Gustafson, Stonewood, LLC, stated he would like to explain how they arrived at the design of the house. Gustafson stated as you approach the property, you come around Casco Circle, which drove the decision to put the garage on the left side of the home. In doing that, that resulted in turning the garage doors 90 degrees to the road. The home to the left has three garage doors that face the street. If they went with a similar design, there would be six garage doors in a row. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 12, 2015 7:00 o’clock p.m. _____________________________________________________________________________________ Page 25 of 37 13. #15-3781 STONEWOOD ON BEHALF OF BELLE AND HARRY YAFFE, 3185 CASCO CIRCLE, VARIANCES (continued) Gustafson noted a lot of neighborhoods have rules that say you cannot have more than one garage door facing the street because it is not a very architecturally appealing design. Gustafson stated given that, they started designing the house. The main issue that was encountered was the location of the fireplace in relation to the house, which really does create a bit of an obstruction to the view. The columns of the patio walls are four or five feet tall with footings. Gustafson noted the Code does not define that as structure in determining the average lakeshore setback even though it clearly blocks the view. Gustafson indicated they did work with the neighbors quite a bit prior to the Planning Commission meeting and that everyone was in favor of the proposal. Since the Planning Commission meeting, the size of the house has been reduced by 18 inches. Gustafson stated originally they were going to slide the house back and keep the original design but that created two variances instead of one. Gustafson stated they have tried to compromise and come up with a solution that makes the neighbors happy but that something changed over the past week. Gustafson stated it does not sound like they are against the proposal but that they are not available. Gustafson stated nothing has changed in the proposal outside of the house being 18 inches smaller. Gustafson noted the patio is just an option and that they included it in helping to calculate the hardcover. Gustafson indicated the applicants have had very little discussion about the shape or location of the patio. Curtis stated she discussed with Ms. Callahan the location of the patio and that Staff felt it would be a good idea to know where the general location of the patio will be. Gustafson stated they have not developed that any further not knowing if the variance request would be approved but that it would be an on-grade patio constructed out of flagstone or other similar material. Gustafson stated pulling the house back by six feet from the existing home and that their request is to preserve the views. McMillan asked if there is a reason to have the patio on that side rather than have it centered more on the house. Gustafson stated there really has been very little discussion about that and that the architect merely placed it on there without talking to the owners. McMillan stated if the patio stands as is, it would be a further encroachment in the average lakeshore setback. Belle Yaffe, Applicant, stated the patio is a place holder on the survey and that she envisions that most of the activity would be on the other side of the porch. If there is anything in front of the porch, it would just be a pathway. Gustafson noted there are doors off the end of the porch. McMillan stated she is assuming one of the reasons for the patio is for some privacy. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 12, 2015 7:00 o’clock p.m. _____________________________________________________________________________________ Page 26 of 37 13. #15-3781 STONEWOOD ON BEHALF OF BELLE AND HARRY YAFFE, 3185 CASCO CIRCLE, VARIANCES (continued) Belle Yaffe stated she was very excited to join the Orono community and that she and her husband have spent the last year looking for a house on the lake. Yaffe stated they immediately fell in love with this lot and the neighborhood. The view of the lake is spectacular, which is the whole reason for living on Lake Minnetonka. Yaffe stated they designed a house that would fit their needs as well as fit in with the Casco Point area. Yaffe stated she was very surprised when they learned that they would have to move their house 15 feet further back from the lake and that their immediate response was to simply remodel the current house. Yaffe stated when she was listening to the Planning Commission talk about how views are important for everyone involved, it seemed to her that the fireplace should be considered structure and that it is unfair to their view. Harry Yaffe, Applicant, stated he was dumbfounded and surprised at getting the letter from the neighbor’s attorney a couple of days before the Council meeting. Yaffe indicated they walked all around the house and asked themselves what they can live with. Yaffe noted they went from a 7.5 foot encroachment to a 6-foot encroachment and that they have made the house smaller and have incurred extra costs with the redesign. Yaffe indicated last Wednesday he spoke with Debra, who asked if they could stake the corners of the house. The location of the house has been staked so everyone can see exactly where the house is going to go. Yaffe stated the new home, even with the variance, will be approximately 10.5 feet back from the old house and further from the lake. The four-season porch represents about 26 percent of the lineal feet of the house. The house is approximately 62 feet and three inches and the four-season porch is 16 feet. Yaffe noted they are not asking for a variance for the whole house and that approximately 75 percent of their plan complies with the average lakeshore setback. Yaffe reiterated he was confused and dumbfounded by the letter and that he thought they were getting along. Yaffe stated he thought they all agreed on the six feet and that they have taken the guesswork out of it as to where the four season porch will be located. Christopher Huntley, Attorney-at-Law, stated the reason why the letter was sent out is that his client is currently out of the country and that she needed someone to stand in her place to argue her case. Huntley stated the reason why Debra wanted the letter sent is that she wanted this issue postponed so she would have the opportunity to find out if the proposed plans were what she thought they were going to be or if she has a reason to object. Huntley stated the applicants did not want to postpone their application, and once the letter was sent out, she approached the applicants and asked again if they would postpone it, which they did not agree to. Huntley stated she does not lose her opportunity to argue it. Huntley stated Debra first met the applicants in August, who subsequently informed her that they would be requesting a variance. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 12, 2015 7:00 o’clock p.m. _____________________________________________________________________________________ Page 27 of 37 13.#15-3781 STONEWOOD ON BEHALF OF BELLE AND HARRY YAFFE, 3185 CASCO CIRCLE, VARIANCES (continued) At that time Debra asked for additional information, which was provided. Shortly before the September 21 Planning Commission meeting, she found out that the variance was a little bit more than what she thought it would be. A meeting was held with Debra and her husband and the applicants. At that time Mr. Gustafson stuck a stake in the ground and they agreed to a specific spot on the property, which is the reason she was in agreement at the Planning Commission meeting. Subsequently to that time, Debra found out that that was not the location of the proposed improvements and they were, in fact, three to four closer to the lake and two to four feet higher. Huntley stated that was the reason for her alarm and the reason why she wanted to address the City Council, which is when she contacted him. Huntley stated Debra might not necessarily object to the current plans but that she wants more information. Since Debra has been out of town, she has not been able to view the stakes, and that she is basically in a position where she feels she has to argue against the variance. Huntley stated Debra does not feel the need for the variance has anything to do with the fireplace. Huntley distributed two pictures to the Council of the area in question. Huntley stated the view appears to be better from the actual setback line and that the fireplace is off to the left. If you look behind the fireplace, there is really not a view of the lake since there are trees and shrubs in that area. Huntley stated in their view the fireplace is a moot point. Huntley stated the average lakeshore setback variance goes against the harmony and purpose of the ordinance. Huntley stated as is evident from the picture, there is really no interference of the view of the lake and the fireplace does not pose a practical difficulty. In addition, the applicants purchased the home knowing that the fireplace was there. Huntley noted there is also nothing preventing his client from planting trees and other shrubs that would interfere with the view even more. Huntley stated to summarize, there is no practical difficulty that is being caused by the fireplace, and that if it is determined to be a practical difficulty, anything could conceivably be considered a practical difficulty. Huntley stated if the proposed structure is going to be higher than the current structure, the only person feeling the impact will be Ms. Callahan. Huntley stated even though Ms. Callahan is arguing against the variance tonight, that does not necessarily mean that she is opposed to any variance and that she is willing to live with the plan as originally presented to her McMillan asked where the stake was originally. Huntley indicated it was approximately three to four feet further back. McMillan asked if she is comfortable with a 3-foot variance but not a 6-foot. Huntley stated he believes so. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 12, 2015 7:00 o’clock p.m. _____________________________________________________________________________________ Page 28 of 37 13. #15-3781 STONEWOOD ON BEHALF OF BELLE AND HARRY YAFFE, 3185 CASCO CIRCLE, VARIANCES (continued) Gustafson stated the original stake was placed there as a result of them measuring off the existing home on the survey and that it was fairly accurate. Gustafson stated the survey has not changed at all and the only change is bringing the home back a foot and a half further back from what was originally discussed. Gustafson stated he would argue the stake was within a few inches of where Mr. Gronberg put the stake. Gustafson stated the proposed home is four-tenths of a foot higher than the current home and that the bottom line of what they are trying to do is preserve views of the lake and avoid a view of the side or back of the fireplace that was illegally built. Walsh stated what is ironic in this situation is that in his view there are neighbors that are figuring out what variances the Council should approve. Walsh noted the existing residence will be torn down and that this will be a blank sheet. Walsh stated when there is a blank sheet, the applicants should not need any variances. Walsh stated the parties are saying a bunch of different things that are moot and it comes down to whether it is a practical difficulty. Walsh stated he visited the property today, walked in the area of the stakes, and in his view the fireplace is not a big deal. Walsh stated the fireplace does not impact the lake view and that there should not be a variance for that at all. Gustafson stated they were trying to get the neighbors on board with what they are requesting. Gustafson stated they were trying to come in unified with the neighbors and that they were not trying to make decisions for the City Council. Walsh stated in his view there should not be a variance at all regardless of what the neighbors agree to since there is not a practical difficulty. Walsh stated if the house next to this house gets torn down 15 years from now, they will be arguing to be closer to the lake if the variance is granted. Gustafson stated the fireplace should not have been constructed there. Walsh stated in his view that is a moot point and that it does not appear to be in the way of any view of the lake. McMillan stated the neighbors can negotiate amongst themselves all they want but that the Council is the one who determines whether there is a practical difficulty. McMillan stated determining whether there is a practical difficulty is a major part of deciding whether a variance should be granted. Mattick stated if the Council finds there is a practical difficulty with the fireplace, they should grant the variance. Mattick stated in his view the Council has discussed the relevant points. Levang stated in her view there is not a practical difficulty and that the Council stands very firm on the average lakeshore setback. Levang indicated she is not willing to approve that variance but that she is fine with the lot area and lot width variances. Printup indicated he is in agreement. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 12, 2015 7:00 o’clock p.m. _____________________________________________________________________________________ Page 29 of 37 13. #15-3781 STONEWOOD ON BEHALF OF BELLE AND HARRY YAFFE, 3185 CASCO CIRCLE, VARIANCES (continued) Cornick stated he visited the property and that in his view the argument for the practical difficulty is very weak and that he would not be in favor of it. Levang stated it seems reasonable to combine the PIDs. Levang moved, Walsh seconded, Application No. 15-3781, 3185 Casco Circle, to direct Staff to draft a resolution approving lot area and lot width variances, with the two PID numbers being combined. VOTE: Ayes 5, Nays 0. *14. #15-3782 ROBERT AND MONIQUE KANTOR AND STEPHEN OTTO, 2165 AND 2185 WATERTOWN ROAD, LOT LINE REARRANGEMENT – RESOLUTION NO. 6553 Printup moved, Walsh seconded, to adopt RESOLUTION NO. 6553, a Resolution Approving a Subdivision of a Lot Line Rearrangement at 2165 and 2185 Watertown Road. VOTE: Ayes 5, Nays 0. 15. #15-3783 JOHN T. BESSESSEN/DAVID DELANEY, 2465 SHADYWOOD ROAD AND 2500 KELLY AVENUE, SKETCH PLAN Tom Wasmoen and John Bessessen, Applicant, were present. Barnhart stated the applicants are requesting Council input on a proposed sketch plan for a 24 unit, single- family neighborhood development at 2465 Shadywood Road and 2500 Kelly Avenue. This is the same property the Council reviewed this spring where it denied the Kelly Avenue portion of this project. The lots adjacent to Shadywood are approximately 45 feet in width. The 50-foot lots are located on the north side of a new proposed drive. South of that are 75-foot lots. The entire development will require a rezoning or a Comprehensive Plan amendment or both. There is also a portion that is guided for mixed used that is currently zoned commercial. The Kelly Avenue portion is zoned for 1-acre minimum lot size and guided for two to three units per acre. Barnhart noted the plan before the Council is somewhat different than what the Planning Commission reviewed. The plan reviewed by the Planning Commission included a driveway onto Kelley Avenue or an extension of Delaney Avenue up to Kelly Avenue. In response to some of the comments received by the Planning Commission, the applicants have removed that driveway. The Fire Chief has indicated he does not have a concern with no access onto Kelly. The County would prefer that the access be as far south on Shadywood as possible. During the public hearing, the Planning Commission heard a number of comments in opposition to the project. The Council has also received a number of comments electronically, which have been included in the packet. Barnhart stated it appears no one is in support of the project adjacent to this property. Barnhart stated the applicant is here and would be able to go into more detail on the proposal. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 12, 2015 7:00 o’clock p.m. _____________________________________________________________________________________ Page 30 of 37 15. #15-3783 JOHN T. BESSESSEN/DAVID DELANEY, 2465 SHADYWOOD ROAD AND 2500 KELLY AVENUE, SKETCH PLAN (continued) Levang stated her question would relate to the side setbacks. Barnhart stated on the 45-foot lot, the building is proposed to be 30 feet with five feet side setbacks. Barnhart stated Staff would need to look at that closer but that he has seen in the past where the setback from the living space is wider to garages and that there are options that could be explored. Levang asked if the side setbacks would be five feet again on the bigger lots. Barnhart stated to his knowledge they would not. Tom Wasmoen, Applicant, stated they are working on coming up with a plan that is appealing to the City and the neighbors. Not having Delaney Drive go through to Kelly Avenue is an attempt to convey to the neighbors that they are listening to them. Wasmoen stated he would encourage the Council to take a walk on the property and see how the view is blocked from Kelly and the lake due to the trees. Wasmoen stated the concern he has is hearing public comment that these homes are not the type of quality homes that should be built in this area. Wasmoen stated the homes are in the $350,000 to $1 million price range. The homes are very similar to homes that have been built in Edina and south Minneapolis. Wasmoen stated they are proposing to create a pocket neighborhood that will be appealing to people who want to start families and empty nesters. The homes would also be one and a half story homes to two-story homes with smaller footprints. Wasmoen indicated they are proposing enough homes to allow the creation of a strong homeowners association. Wasmoen stated the other part of developing this property together is to address the concern with water runoff and being able to control the runoff within this site and not contribute to downstream flooding. Wasmoen stated they want to make sure that this is a development that controls its own water. Wasmoen noted they also heard comments about this not being the right site for townhomes or large homes. Wasmoen stated in their view this is the best solution for this site and that he has talked with several custom home builders and they are excited about the opportunity to build on these lots. Walsh stated he was surprised to see this amount of density. Walsh stated he heard the developer at the Planning Commission say that he had a meeting with the Mayor and Jeremy and that was the direction they were given. Walsh asked if that is true. Wasmoen indicated they talked about the ability to get three units per acre and that the City could support that. Walsh asked if that was for the entire piece of property. Wasmoen noted the Shadywood side is guided for higher density and that they felt by putting the two parcels together created enough area to create the development that needs to be built to make it viable. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 12, 2015 7:00 o’clock p.m. _____________________________________________________________________________________ Page 31 of 37 15. #15-3783 JOHN T. BESSESSEN/DAVID DELANEY, 2465 SHADYWOOD ROAD AND 2500 KELLY AVENUE, SKETCH PLAN (continued) Wasmoen stated bringing the residential back up to Shadywood would act as a buffer between the homes and the church where multi-family might be developed. Wasmoen stated in his view it is a good use of the property. Walsh stated he just wanted to make sure that the developer was to bring up high density on the Kelly side. McMillan stated they did not say this is the right density high or low. McMillan stated she went out of her way not to prejudge the density and that the Council will decide what the density will be. McMillan stated when she first looked at the plan, she thought it was too dense but that she did not want to prejudge it. McMillan indicated Mr. Wasmoen wanted to know her thoughts about smaller, single-family homes, which was addressed at the earlier Council meeting, and when Mr. Wasmoen brought that proposal in to Jeremy and Mike, she was there. At that time Mr. Wasmoen stated they had included the Shadywood lot, which was different than what was proposed previously, and that she complimented him on the fact that it was nice to have another access point without using Kelly. McMillan stated she is happy to see that Kelly Avenue is out of the equation on this revised plan. McMillan stated it is up to the Council to determine if they feel this is going in the right direction. Wasmoen stated at that meeting they had 30 units showing and some have been eliminated. Wasmoen indicated the five of them kicked it around and felt that 30 were too many but that they can feel comfortable with staying with the requirements of three units per acre that is encouraged by the Metropolitan Council. Walsh stated sometimes it feels like they are wasted a whole bunch of time and are getting the wrong direction or hearing the wrong things. Walsh stated he knows on Kelly Avenue the Council said two or three homes but then they tried to squeeze in four. Walsh stated it does not make sense to him how they are spending all this time designing higher density. Wasmoen stated in their view it is a good workable plan for the City and the property owner. McMillan noted the City looked at having commercial down Shadywood at the time of the last sketch plan, and at the time it made her realize that the City probably does not want the whole strip to be commercial. The memory care unit that was proposed would have been lit up 24/7 and there was some thought about perhaps stepping it back and going back to more of a residential feel. McMillan noted there is a church there but that residential is behind it and around it. McMillan stated in her view commercial is a good idea as you go south of Lunds or south of the dental clinic. McMillan stated this is an opportunity to put some smaller residential lots in that area, especially on the Kelly side. McMillan stated she would like less density that what is being proposed and that in her view the Council and developer can hammer that out. McMillan stated given the busyness on County Road 19, they need to keep it residential, but they also need to determine what that number is. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 12, 2015 7:00 o’clock p.m. _____________________________________________________________________________________ Page 32 of 37 15. #15-3783 JOHN T. BESSESSEN/DAVID DELANEY, 2465 SHADYWOOD ROAD AND 2500 KELLY AVENUE, SKETCH PLAN (continued) Wasmoen stated that might be a problem if you are building million dollar homes right behind Lunds. Wasmoen stated they moving towards something that feels like the right solution with the smaller footprints and not having access onto Kelly Avenue. Wasmoen asked if the Council would like to see one less house on each side of the street. Wasmoen noted since the Planning Commission meeting, they actually took one the homes on the Kelly side and moved it over to the other side and spread the remaining homes out a little more. Wasmoen noted they are not planning on stripping the site clean and that they want to work with the trees. In addition, the conservation area will help create a site that will not be seen from Kelly. Wasmoen stated in his view they have managed to get to a level of density that is workable with perhaps a couple of the homes removed. Wasmoen noted there is a lot of grade changes in the area where they moved the one house and that they do not want to create big retaining walls. Wasmoen stated they would like the homes to fit in with the grade without changing the slope too much. Levang stated she has walked the property four or five times now and that she does not understand the Delaney Drive piece and the density. Levang stated when you walk from the back of the dental office and into the woods, she is not sure how there can be that many lots on that side of Delany Drive. Levang stated in her view the density is too high there but that she does appreciate the fact that the access onto Kelly has been taken off. Levang stated she would still like to see a reduction in the number of lots near Kelly Avenue and that in her view a 75-foot lot is too narrow for the type of homes that should be put there. Levang stated they could put million dollar homes up there but they cannot have them on 75-foot lots. Levang asked if the developer could have some units that are more affordable and then some higher cost homes. Levang encouraged the developer to be more creative and consider a mixture of homes or three- or four-plexes. Levang stated the less desirable lots would be the lots on Shadywood, which could perhaps be a little less in price, and then stepped up from there going towards Kelly. Levang stated one of the things they are struggling with in Orono is affordable housing and that there should be a mixture of house prices. Levang stated they could look at perhaps having more homes on the Shadywood side than what is being proposed. Wasmoen stated one of the options for that type of townhome is something called a big house, which looks like a larger home but contains three or four townhomes. Wasmoen stated there is an area on Humboldt near Robbinsdale where that has been done. Levang stated she would like to see something like that, which is attractive and meets the City’s desire to see more affordable housing. Levang stated she would also like to see a lot of the trees remain. Wasmoen stated preserving the trees has always been one of their goals. Cornick asked what the biggest barrier is to the Kelly Avenue side having three or four homes. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 12, 2015 7:00 o’clock p.m. _____________________________________________________________________________________ Page 33 of 37 15. #15-3783 JOHN T. BESSESSEN/DAVID DELANEY, 2465 SHADYWOOD ROAD AND 2500 KELLY AVENUE, SKETCH PLAN (continued) Wasmoen stated building three or four high-end homes backing up to the back side of a grocery store would be a tough sell. In addition, creating three or four lots would also make it very difficult to have a homeowners association and still have the ability to control the design of the homes. Printup stated in the past he has stated he likes small homes and smaller lots, but that he does not see that happening on Kelly Avenue. Printup stated he does not see anything wrong with three large lots and that he does not want to see low income housing in the Kelly Avenue area. Wasmoen stated some of the homes would be designed toward the empty nesters and others would appeal to young families. Wasmoen stated they are trying to create a walkabout community with access to the public beach and the grocery store, which would be appealing to all the homes in the neighborhood. Wasmoen stated adding density also adds strength to the retail that is already there and that they are looking to do something to help support the retail. McMillan noted there is a lot of commercial down County Road 15 to Navarre and that they do not need to add to that strip. McMillan stated she did not want to use the word affordable because it has a bad connotation but every mayor in this area has said they need to figure out how to keep diversity in the housing market. McMillan stated in her view the Kelly Avenue side is too dense and that she would like to see the house sizes stay the same on the rest of the parcel. McMillan stated she would also like to see bigger lots with more tree buffers on them. McMillan stated she would like to see three, perhaps four homes face Kelly, with four or five lots east of the brown homes shown on the plan, and then to the far right on Shadywood she would like to keep it similar to the single-family residential homes but that perhaps there could be some townhomes in that area. McMillan stated she is not sure whether it would make sense to have two homeowners associations since the homes to the west would be more expensive. Wasmoen stated the price of the homes does not matter in terms of the homeowners association, and as a PUD, the City will have some input into the development. McMillan stated the Kelly Avenue side would also have the conservation area that would need to be dealt with by the homeowners association. Levang asked how much density should be on the Shadywood side. McMillan stated she would prefer 10 but that she would be open to hearing how the developer can fit 12 homes in there. Levang asked how much land would be required for the three-plexes. Wasmoen stated he would need to look at that. Wasmoen stated they could look at some twin homes on a few of the lots. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 12, 2015 7:00 o’clock p.m. _____________________________________________________________________________________ Page 34 of 37 15. #15-3783 JOHN T. BESSESSEN/DAVID DELANEY, 2465 SHADYWOOD ROAD AND 2500 KELLY AVENUE, SKETCH PLAN (continued) McMillan suggested the applicants come back again with a sketch plan rather than going to the expense of drawing up plans. McMillan stated what is different with this sketch plan is the Shadywood access rather than access onto Kelly. Walsh stated he stills sees these as two parcels, with three homes on one-acre parcels accessing onto Kelly and the other homes accessing onto Shadywood with perhaps its own cul-de-sac. Walsh stated they could perhaps put a row of tall arborvitaes between the two parcels to help screen the back of Lunds or the other homes. Wasmoen stated it is a market demand issue and that the homes would be off the lake. Wasmoen stated on the other side of Kelly, there are smaller homes and smaller sites and that they are not creating something different than what is down the road. Wasmoen stated in his view the market they are looking at with 15 to 18 homes works better as a cohesive HOA than splitting them up. Wasmoen noted the City would have more control over the development if it was a PUD than with three single-family residential lots. Levang stated she would like to get some consensus on whether the Council is agreeable to three single- family residential lots on Kelly, with perhaps some three- or four-plexes on the Shadywood side. Wasmoen stated they could sketch a couple of plans. Printup stated he agrees with Council Member Walsh that it is two separate areas and that the Shadywood side would have the higher density and the Kelly Avenue side would be two or three big lots. Mayor McMillan noted this is a sketch plan review and not a formal plan but that she would allow some public comment. Linda Sallee, 3285 Carman Road, questioned the rationale for placing 24 units on 4 acres. Sallee stated Kelly Avenue floods as it is and that this proposal is way too dense. Sallee stated if there are 24 units in there, there will not be a tree left, and that the Council needs to keep in mind the impact on the runoff situation. McMillan noted the Council has told the developer that 24 units is too much density for this area. Christine Hardten, 2515 Kelly Avenue, asked if only three homes are allowed on Kelly and whether that is the final decision. McMillan stated the developer will be coming back with a revised sketch plan with lower density and that the Council will let the developer determine the exact density they would like to propose. McMillan noted Shadywood is zoned commercial and Kelly is zoned one-acre residential. McMillan stated the Council is also considering whether it should be a PUD. Hardten asked whether the Council is considering overriding the one-acre rule. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 12, 2015 7:00 o’clock p.m. _____________________________________________________________________________________ Page 35 of 37 15. #15-3783 JOHN T. BESSESSEN/DAVID DELANEY, 2465 SHADYWOOD ROAD AND 2500 KELLY AVENUE, SKETCH PLAN (continued) McMillan stated the Council is considering lower density in that area but that the exact number of homes has not been determined at this time. Walsh noted he indicated to the developer he would like to only see three lots on Kelly. Hardten stated in her view the Council needs to give the developer a lot more direction. Hardten stated if there is going to be a consideration of overriding the one-acre lots, the Council should maybe just decide that tonight. McMillan stated she would like to keep as many options open as possible and that she does not want to close any doors tonight. Walsh noted the Council said months ago that they would like to see three and now they are saying more than that. Walsh stated that has to be very confusing to the developer. Hardten stated she would encourage all of the Council to walk the property and that in her view they will realize there is not a lot of room to put anything. Walsh stated if there are three votes that say the developer can have eight houses on the Kelly side, they will get eight houses on the Kelly side. McMillan stated the number of homes has not been decided yet and that the developer has been asked to reduce the density. McMillan stated the developer and the City has to work together on these things and that it takes time to come up with a good solution when the development is complex. McMillan stated the Council needs to look at the advantages and disadvantages and needs to be open. Cornick questioned whether it would be appropriate to choose a limit of three to five and then vote on it. Levang stated she would like to stay open because she would like to better understand the issue with the homeowners association and how that impacts the development. Levang noted the homeowners association is a new consideration that was not talked about before and that she is looking to Staff to guide that part. Levang stated she has always said the Kelly Avenue side has to be the lower density side. Barnhart stated he could provide the applicant with some direction and that some of these issues will take some time to iron out. Printup stated when he mentioned he was in favor of three homes on the Kelly Avenue side and then heard there would be more tree removal, he would like to hear the residents’ thoughts on that. McMillan encouraged the residents to correspond with the City Council on their concerns. McMillan noted this is just the beginning of the process and that they do not want the developer to do any sort of hard drawings until the Council is more comfortable with the density. McMillan stated the Council does not know what the number will be but that it will be less than what the developer is showing tonight. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 12, 2015 7:00 o’clock p.m. _____________________________________________________________________________________ Page 36 of 37 15. #15-3783 JOHN T. BESSESSEN/DAVID DELANEY, 2465 SHADYWOOD ROAD AND 2500 KELLY AVENUE, SKETCH PLAN (continued) Levang stated the Council understands the neighbors fatigue with this property but that the Council needs to have this dialogue on what is appropriate for this site. The City Council took no formal action on this item. PUBLIC WORKS DIRECTOR/CITY ENGINEER’S REPORT Public Works Director/City Engineer Edwards reported over the last few weeks the Public Works Department has placed four tons of asphalt on West LaFayette and six tons on Wildhurst to repair potholes in addition to a number of other roads throughout the City. Sewer jetting has been completed for 2015 and the Public Works Department is now transitioning into the storm sewer inspections. Edwards reported the split rail fence was installed at Lydiard Beach and a tree was replaced in the area of the tree that was cut down a number of years ago. The right-of-way at Lurton Park was seeded by Prairie Restoration and wood chips were installed at Hackberry. *16. 2014 SANITARY SEWER REHABILITATION AND MANHOLE LINING – PAY REQUEST NO. 2 Printup moved, Walsh seconded, to approve Pay Request No. 2 for the contractor Insituform in the amount of $50,438.83 for the 2014 Sanitary Sewer Rehabilitation and Manhole Lining Project. VOTE: Ayes 5, Nays 0. MAYOR/COUNCIL REPORT Walsh stated he would like to encourage everyone to visit Birch’s and to see the new renovations that have been completed. Levang reported the latest city newsletter has been distributed and contains a number of very informative articles. McMillan reported she attended the West Tonka meeting with the local mayors and that she had the opportunity to speak with Superintendent Borg and the mayor of Mound. McMillan noted that is an annual event. CITY ADMINISTRATOR’S REPORT *17. CLOUD BACKUP SERVICES Printup moved, Walsh seconded, to approve the payments outlined in Staff’s memorandum dated October 12, 2012, in the total amount of $298,074.70. VOTE: Ayes 5, Nays 0. *18. CLAIMS/BILLS MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 12, 2015 7:00 o’clock p.m. _____________________________________________________________________________________ Page 37 of 37 Printup moved, Walsh seconded, to approve payment of the All Funds Account. VOTE: Ayes 5, Nays 0. CITY ATTORNEY’S REPORT 19. SPATES AVENUE ACCESS EASEMENT AGREEMENT City Attorney Mattick stated before the Council is a proposed nonexclusive easement as it relates to Spates Avenue. This is an item the Council discussed several months ago. The marina has requested the City clarify ownership of the land on Spates Avenue. Mattick noted the City has historically used that land for winter access to the lake. There was also the dock for the fire boat located there. The marina owners wanted clarification on who owned it, and after looking at it from a legal standpoint, he concluded the City had established an easement but there was no paperwork solidifying that. Mattick noted the Council established a committee of sorts consisting of Mayor McMillan and Council Member Walsh. They discussed terms of an easement that would be acceptable and that has been put forward to the plaintiffs. The plaintiffs have agreed to the terms and have signed off on it. The Council should make a motion approving the easement and authorizing the Mayor and the City Administrator to sign the easement. Mattick stated that should end the proceedings on this matter. Printup stated he always considered it city access. Printup asked if the way it is written grants citizens the right to use it in the winter. Mattick stated it would but that there would be a gate installed and access would be opened on November 15 and closed on March 1. Mattick stated they did try and get the terms of the easement as close to status quo as possible. Walsh moved, Cornick seconded, to approve the non-exclusive permanent access easement agreement and to authorize Mayor McMillan and City Administrator Loftus to execute the Spates Avenue Access Easement Agreement. VOTE: Ayes 5, Nays 0. ADJOURNMENT Levang moved, Printup seconded, to adjourn the Orono City Council meeting at 11:04 p.m. VOTE: Ayes 5, Nays 0. ATTEST _____________________________________ _______________________________________ Diane Tiegs, City Clerk Lili Tod McMillan, Mayor REQUEST FOR COUNCIL ACTION Date: October 26, 2015 Item No: 3 Department Approval: Administrator Approval: Agenda Section: Name: Ron Olson RJO City Administrator’s Title: Finance Director Report Item Description: Public Hearing Regarding the Certification of Delinquent Utilities Attachments: (A) Resolution providing for the collection of delinquent sewer, water, recycling, and, septic program fees. (B) Assessment rolls. Each year the city certifies to the county, all unpaid annual service charges for the septic program, the recycling program, and all delinquent sewer and water accounts of $50.00 or more, to be collected with the following year's taxes. In addition to the outstanding amounts delinquent, eight percent (8%) interest and an administrative fee of $25.00 is added to all accounts. At this time the total to be assessed is $ 119,882.15. This amount will be decreased by any payments received up to the final payment date of November 20, 2015. A copy of the assessment roll is attached for your review. State statutes require that the City hold a public hearing regarding the assessment of these fees prior to certifying the assessment roll to the County. Notices of the public hearing have been sent to all delinquent properties. The hearing is an opportunity for property owners to ask questions and provide comments regarding the proposed assessment. COUNCIL ACTION REQUESTED: Adoption of the attached resolution providing for the certification of delinquent charges for the 2015 utility service, septic, and the recycling fees. A RESOLUTION FOR THE COLLECTION OF DELINQUENT 2015 WATER AND SEWER UTILITY SERVICE CHARGES, RECYCLING PROGRAM FEES, ON-SITE SEWAGE TREATMENT (SEPTIC) PROGRAM, STORM WATER CHARGES Whereas, the City Council of the City of Orono, Minnesota has enacted Chapter 14 of the Orono City Code which pertains to the payment and collection of water, sewer and storm water charges and annual service charges for recycling, and the on-site sewage treatment (septic) program; and Whereas, the charges identified in the attached list of properties are delinquent in nature; and Whereas, a ten days mailed notice and a published notice of the hearing was given, and the hearing will be held thereon the 26th day of October 2015, at which all persons desiring to be heard are given an opportunity to be heard thereon. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Orono as follows: That the Hennepin County Special Assessment Division is hereby authorized to place the delinquent water, sewer and storm water charges and annual service charges for recycling, and the on-site sewage treatment (septic) program, on the 2015 property tax rolls, payable in 2016, at eight percent (8%) per annum, against the specified properties as set forth in the following Exhibits. ADOPTED by the City Council of the City of Orono, Minnesota, and this 26th day of October, 2015. ATTEST: _____________________________________ ______________________________ Diane Tiegs, City Clerk Lili McMillian, Mayor Assessment Roll – Delinquent Utilities 0211723310011 810.03 0211723310039 810.03 0211723310041 810.03 0211723310041 798.61 0211723430015 382.08 0311723130006 181.49 0311723210003 181.49 0311723230015 181.49 0311723230017 181.49 0311723240012 181.49 0311723310002 181.49 0311723310003 181.49 0311723320022 181.49 0311723330005 775.30 0311723330007 810.03 0311723340001 181.49 0311723340025 161.05 0311723430003 197.16 0311723440008 181.49 0311723440009 181.49 0411723130012 181.49 0411723210004 171.49 0411723220026 763.39 0411723310004 181.49 0411723320013 181.49 0411723330005 358.88 0411723410005 181.49 0411723420001 181.49 0411723420021 181.49 0411723430007 181.49 0511723120017 181.49 0511723120021 181.49 0511723130028 142.30 0511723130035 810.03 0511723140001 810.03 0511723140002 810.03 0511723140020 197.16 0511723140022 197.16 0511723140029 810.03 0511723140059 810.03 0511723210005 810.03 0511723210023 810.03 0511723220007 181.49 0511723230013 382.08 0511723230014 810.03 0511723230040 810.03 0511723330013 221.82 0511723410019 181.49 0511723410025 382.08 0611723120008 181.49 0611723220017 181.49 0611723220019 181.49 0611723220030 119.90 0611723230010 181.49 0611723230011 181.49 0611723230016 181.49 0611723410045 197.16 0611723410049 209.92 0611723410060 382.08 0611723410106 197.16 0711723110018 217.16 0711723130095 763.39 0711723130217 197.16 0711723140018 810.03 0711723140020 810.03 0711723140062 786.46 0711723140064 197.16 0711723220016 181.49 0711723310003 393.99 0711723320050 194.92 0711723320057 222.22 0711723320061 810.03 0711723330005 810.03 0711723410006 783.80 0711723410086 368.25 0711723410094 214.19 0711723420039 566.77 0711723430015 513.98 0711723440004 110.84 0711723440005 787.22 0711723440011 334.25 0711723440086 141.10 0811723130004 157.66 0811723230003 810.03 0811723230020 810.03 0811723330020 184.41 0811723330024 197.16 0811723330027 810.03 0811723330034 804.39 0811723330035 221.01 0811723330075 810.03 0811723340014 197.16 0811723410001 197.16 Assessment Roll – Delinquent Utilities 0911723140007 181.49 0911723210006 197.16 0911723330016 810.03 0911723410004 810.03 1011723120005 198.85 1011723210004 181.49 1011723220002 233.80 1011723240008 260.39 1011723240012 181.49 1011723240022 197.16 1011723310034 810.03 1011723310036 763.39 1011723310037 810.03 1011723310049 197.16 1011723310050 810.03 1011723310055 463.68 1011723340008 810.03 1011723340015 181.49 1711723210012 1588.64 1711723220025 1156.34 1711723220030 814.05 1711723230008 812.78 1711723240023 1056.09 1711723310019 1152.68 1711723310024 553.74 1711723310032 688.27 1711723310047 150.70 1711723310048 323.73 1711723310050 1311.99 1711723340030 521.72 1711723340034 1116.12 1711723340035 1407.72 1711723340039 510.79 1711723340044 1309.61 1711723340049 1184.94 1711723340055 282.09 1711723340057 818.63 1711723410025 1247.35 1711723430011 498.20 1711723430012 302.99 1711723430017 1260.90 1711723430019 1175.89 1711723430020 461.93 1711723430022 521.72 1711723430047 1924.07 1711723430048 578.34 1711723430055 729.74 1711723430057 1164.15 1711723430058 1387.13 1711723430062 549.87 1711723430069 115.17 1711723430074 226.46 1711723430086 390.90 1711723430087 1014.26 1711723430095 1046.37 1711723430098 357.73 1711723430132 1078.53 1711723430134 518.95 1711723430137 249.53 1711723440009 174.58 1711723440058 220.00 1711723440083 1277.67 1711723440100 5047.78 1711723440100 358.33 1811723140008 1604.91 1811723310001 149.68 2011723110004 975.02 2011723110004 741.80 2011723110023 800.30 2011723120021 1094.31 2011723120034 111.09 2011723210004 1133.35 2011723210021 1252.65 2011723220002 1144.81 2011723220005 688.96 2011723230012 1446.99 2011723240021 350.10 2011723310038 1053.12 2011723310050 807.60 2011723310050 188.90 2011723320008 1587.93 2011723320016 1390.93 2011723320021 249.53 2011723340003 1579.04 2011723340023 278.52 2011723420034 813.43 2011723430022 984.66 2011723430043 1002.94 2011723430052 315.70 2111723220013 202.88 2111723230013 269.55 2111723230021 1471.39 2111723230029 182.24 Assessment Roll – Delinquent Utilities 2111723230030 1463.39 2111723240060 177.56 2111723240065 1643.25 2211723130002 149.68 2211723240008 149.68 2211723310030 149.68 2211723310032 149.68 2311723230031 149.68 2311723320066 149.68 2611823330005 810.03 2611823330011 184.41 2611823330023 817.96 2611823330024 810.03 2711823310024 382.08 2711823320018 181.49 2711823330011 181.49 2711823340012 566.77 2711823430018 181.49 2811823320009 181.49 2911823440002 162.82 3011823440003 181.49 3111823120007 181.49 3111823120018 181.49 3111823130012 181.49 3111823220002 181.49 3111823410005 181.49 3211823230003 191.49 3211823240012 181.49 3211823240013 375.26 3211823310001 181.49 3211823340013 181.49 3211823430008 105.58 3211823440009 181.49 3311823110031 284.64 3311823110116 439.86 3311823130021 395.95 3311823310011 181.49 3311823340004 181.49 3311823410004 181.49 3311823430004 181.49 3311823430013 181.49 3311823440024 209.91 3311823440042 181.49 3411823120007 181.49 3411823220004 181.49 3511823440004 149.68 3611823110004 181.49 3611823320010 181.49 3611823410009 301.63 3611823410038 531.24 3611823440025 678.11 TOTAL 125807.15 REQUEST FOR COUNCIL ACTION Date: October 26, 2015 Item No: 4 Department Approval: Administrator Approval: Agenda Section: Name: Ron Olson RJO City Administrator’s Title: Finance Director Report Item Description: Public Hearing Regarding the Certification of Unpaid Service Charges Attachments: (A) Resolution providing for the collection of unpaid service charges. (B) Assessment roll. Each year the city certifies to the county unpaid service charges to be collected with the following year's taxes. In addition to the outstanding amounts delinquent an administrative fee of $25.00 is added to all accounts. At this time the total to be assessed is $18,576.78 compared to $20,380.24 in 2014. The interest rate for the assessment will be eight percent (8.0%). This amount will be decreased by any payments received up to the final payment date of November 25, 2015. A copy of the assessment roll is attached for your review. State statutes require the City hold a public hearing regarding the assessment of these fees prior to certifying the assessment roll to the County. Notices of the public hearing have been sent to all delinquent properties. The hearing is an opportunity for property owners to ask questions and provide comments regarding the proposed assessment. COUNCIL ACTION REQUESTED: Adoption of resolution providing for the collection of unpaid service charges. A RESOLUTION FOR THE COLLECTION OF DELINQUENT DEVELOPMENT AND GENERAL SERVICE BILLS Whereas, the City Council of the City of Orono, Minnesota has enacted Chapter 70 and Chapter 75, Orono City Code which pertain to the payment and collection of delinquent development and general service fees; and Whereas, the charges identified in the attached list of properties are delinquent in nature; and Whereas, a ten days mailed notice and a published notice of the hearing was given, and the hearing will be held thereon the 26th day of October 2015, at which all persons desiring to be heard were given an opportunity to be heard thereon. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Orono as follows: That the Hennepin County Special Assessment Division is hereby authorized to place the delinquent engineering and legal bills, on the 2015 property tax rolls, payable in 2016, at eight percent (8.0%) per annum, against the specified properties as set forth in the following Exhibits. ADOPTED by the City Council of the City of Orono, Minnesota, this 26th day of October, 2015. ATTEST: _____________________________________ ______________________________ Diane Tiegs, City Clerk Lili Tod McMillan, Mayor REQUEST FOR COUNCIL ACTION DATE: October 26, 2015 ITEM NO: 5 ______________________________________________________________________________ Department Approval: Administrator Reviewed: Agenda Section: Name Adam T. Edwards RJO Public Works Director/ Title Public Works Director/City Engineer City Engineer’s Report ______ ______________________________________________________________________________ Item Description: Jim Gregory Retirement _____________________________________________________________________________________ Exhibit A. Resolution recognizing Jim’s Gregory’s 40 years of Service to the City Of Orono Jim Gregory reached his 40th anniversary of employment with the City of Orono on September 29th. Further, Jim’s last day with the City will be October 30th. COUNCIL ACTION REQUESTED: Consider approval of a resolution recognizing Jim Gregory’s 40 years of Service to the City of Orono. A RESOLUTION OF APPRECIATION TO EMPLOYEE JIM GREGORY FOR HIS FORTY YEARS OF DEDICATED SERVICE RESOLUTION NO. 6554 WHEREAS, Jim Gregory was appointed as a Public Works Maintenance Worker on October 29th, 1975; and WHEREAS, Jim has for 40 years expertly maintained the City’s streets, Sanitary Sewers, Water systems, storm sewers and Parks; and WHEREAS, Jim’s ingenuity, dedication, and “can do” spirit and teamwork made him integral to the Public Works and the City’s successes WHEREAS, Jim has developed and displayed outstanding technical skills in the execution of his duties; and WHEREAS, Jim set the example for his fellow public servants with his positive attitude, calm demeanor and service focus; and WHEREAS, Jim Gregory’s 40 years of service have been exemplified by his dedication to providing the highest quality service to the City and its citizens; and NOW, THEREFORE, BE IT RESOLVED, that the Orono City Council, staff and residents wish to extend their utmost appreciation and gratitude to Jim Gregory for his service to the community as a Public Works Maintenance Worker. Adopted by the City Council of Orono, Minnesota at a regular meeting held this 28th day of October 2015. ATTEST: ___________________________ _________________________ Diane Tiegs, City Clerk Lili Tod McMillan, Mayor REQUEST FOR COUNCIL ACTION DATE: October 26, 2015 ITEM NO: 6 ______________________________________________________________________________ Department Approval: Administrator Reviewed: Agenda Section: Name Ron Olson RJO City Administrator’s Report Title Acting City Administrator _____________________________________________________________________________ Item Description: Chief James Van Eyll – Letter of Support _____________________________________________________________________________ Long Lake Fire Chief James Van Eyll will be requesting a letter of support for a grant application. The grant is available through the Fire and Rescue Shared Services Feasibility Study Grant Program that is administered by the Stat Fire Marshall Division of the Minnesota Department of Public Safety. COUNCIL ACTION REQUESTED: Motion to authorize a letter of support for the Fire and Rescue Shared Services Feasibility Study Grant. 1 Minnesota Department of Public Safety State Fire Marshal Division Fire and Rescue Shared Services Feasibility Study Grant Program Introduction: After a successful round of Shared Services Grants in 2010, 2012,and 2014 and with thanks to the Fire Service Advisory Committee and Public Safety Commissioner Ramona Dohman, the State Fire Marshal Division has obtained grant funding for another round of Shared Services grants. These funds can be used to compensate consulting services that explore a shared-services model for multiple fire services, or as implementation funds to continue recommendations from other studies. Shared Services refers to any number of scenarios where fire-and-rescue service organizations are working together to become more effective or more efficient. The shared-service concept does not necessarily result in financial savings, nor does it mean that fire departments must formally merge. “A Blueprint for Shared Services” document is available on the SFM Website: https://dps.mn.gov/divisions/sfm/document-library/Documents/SharedServicesBluePrint.pdf The final reports of the eight 2010 and seven 2012 studies (2014 will be published soon) are also available on the SFM Website: https://dps.mn.gov/divisions/sfm/document-library/Pages/Shared- Services-Grant.aspx Anticipated Individual Grant Amount: We anticipate that two or more fire-service agencies will jointly apply for grant funding to study, or implement ways of increasing efficiency, effectiveness, or cost savings through voluntary and cooperative shared services. We estimate that available funding will pay for individual grants of no more than $40,000. A local match of at least 10 percent of the grant award is required. Local match may include administrative costs to manage the grant. The expected outcome of the study will include a report delivered to the State Fire Marshal that outlines alternatives for the parties to share fire and rescue services. The report will be posted on the State Fire Marshal Division website. Eligible Applicants: Any two or more fire service agencies applying for a grant must include a letter from all participating jurisdictions indicating their intent to cooperate in the study. The letters must be from the governance entity (e.g. the city council for a city fire service.) A fire service agency is defined as having a fire department identification number (FDID) from the State Fire Marshal Division. Grants will be made to the lead jurisdiction submitting the grant application. The grant contract must be signed by a representative of the lead jurisdiction having the legal authority to sign contracts for that jurisdiction. Legal authority may be documented by a resolution or official minutes from the jurisdiction and will be required at the time that the grant contract is to be signed. It is not required for the grant application. Application Process: All applications will consist of a Project Information Sheet and a Project Application Narrative. All forms and information are available electronically on the State Fire Marshal Division website at www.sfm.dps.mn.gov 2 Timetable: Grant application process announced August 25, 2015 Grant application packet deadline to DPS/SFMD September 25, 2015 Grant award notice October 1, 2015 Shared Services grant end date and due date for feasibility study completion. All grant funds must be expended by the end of the state fiscal year. June 30, 2016 Grant fiscal documentation completed June 30, 2016 Eligible Use of Funds: Grant funds are to be used to pay for a third party (consultant) feasibility study that addresses the study requirements listed below and the options for shared services, including, but not limited to, those provided in “A Blueprint for Shared Services.” If two or more fire departments have already done a study using the previous round of grant funds, or have purchased a study with their own funds and are attempting to implement some of the findings of the study, they are also eligible to apply. Study Requirements: The study should take into account the following subjects. • Governance of regional fire and rescue shared service districts that take into account geographic area, population density and other factors that encourage voluntary participation by communities and fire service providers. • Funding sources for operation of the service district, cooperative training among component departments, and equipment procurement. • Efficiency and effectiveness of emergency response and overall benefit to the population served. • Employment issues associated with combining existing agencies and entities into a regional or multi-jurisdictional, shared-services entity. • An analysis of best practices in the creation and functioning of public safety-related, shared- services delivery models. • A preliminary set of operating procedures for cooperative, shared fire-and-rescue service systems. Application Review Process: The review process will use a scoring method that evaluates applications based upon these criteria: Criteria Points Describe how the applicant envisions their study will address or implement the Study Requirements listed above. 35 Number of jurisdictions committed to the study (more jurisdictions, more points) 20 Size of population and geographic area served by applicants (similar to above) 10 Describe your history of working together successfully 10 Describe unique approaches or ideas for your study 25 Grant Process: An evaluation committee will review and score the applications based on the above criteria and present a recommendation to the Commissioner of Public Safety who will make the final determination. Once a grant request has been awarded, a formal grant agreement will be prepared and must be signed by the grantee organization and the Department of Public Safety. Once the signature process has been completed, the grant is considered fully executed and becomes a legally binding agreement between the grantee organization and the Department of Public Safety. 3 Audit/Compliance: Grant funds are available on a cost-reimbursement basis where costs are reimbursed after they are incurred and paid by the grantee. The grantee organization will be required to provide to the State Fire Marshal Division the written report on results of the study and a written summary of all expenditures, including documentation on how the grant and matching funds were spent. Application Submission: A complete application packet must be received by 3:30 PM CDT September 25, 2015, preferably by email to: Bruce Roed Fire Service Specialist State Fire Marshal Division 445 Minnesota Street, Suite #145 St. Paul MN 55101-5145 bruce.roed@state.mn.us Fax: 651-215-0541 Proposals not received by this deadline will not be considered. It is the responsibility of the applicants to ensure that proposals are received on time. Any questions about the application process should be directed to Bruce Roed at 651-201-7218 or 320- 333-2817 or bruce.roed@state.mn.us . Answers to frequently-asked questions about the process will be provided to interested parties; please notify Bruce Roed that you have downloaded the forms and are interested in the grant in order to receive this information. Application Checklist: • Letter from each participating jurisdiction indicating intent to cooperate in the study • Grant program narrative signed by individual submitting the application • Project Information Sheet • Program Budget Request We anticipate a lot of interest and will receive a large number of applications for a limited amount of funding. While we would like to fund every project, that may not be possible this round. Negotiations on proposals may occur; you may be asked to clarify statements in your application or to modify your budget. Saving this document and a copy of your complete application package will make it easier for you to make necessary modifications later. 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: 22 October 2015 Item No. 7 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, Denial Resolution Background: At the October 12, 2015 meeting, the Council heard a variance request for an average lakeshore setback variance in order for a four season porch to encroach lakeward of the setback line as well as lot area and lot width variances. The Council voted 5 to 0 to deny the requested average lakeshore setback variance allowing any encroachment. The lot is substandard in area and in width. Typically the Code provision in Section 78-72 regarding a Lot of Record would allow for the property to be redeveloped subject to 25% hardcover as well as conformance with all zoning requirements and setbacks. Because the average lakeshore setback variance was requested, lot width and lot area variances were also required. Because the average lakeshore setback variance was denied at the October 12th meeting, the lot is considered a Lot of Record and no further variances are necessary in order to redevelop the property. Planning Staff Recommendation Staff recommends the Council consider the attached resolution reflecting denial of the average lakeshore setback variance. Please note, redevelopment of this property will still require that the two separate parcels be combined prior to issuance of a building permit for a home crossing the dividing property line. COUNCIL ACTION REQUESTED Council should consider adopting or amending the attached denial resolution. List of Exhibits: Exhibit A. Draft Resolution Exhibit B. Draft Council Minutes 10/12/15 REQUEST FOR COUNCIL ACTION Date: October 22, 2015 Item No.: 8 ____________________________________________________________________________ Department Approval: Administrator Approval: Agenda Section: Name: Michael P. Gaffron RJO Zoning Title: Senior Planner ____________________________________________________________________________ Item Description: Glendale Cove - Formal Acceptance of Glendale Cove Lane and Associated Public Improvements - Resolution ________________________________________________________________________ List of Exhibits A - Resolution B - Excerpts from; 1) Planned Unit Development No. 5 Agreement dated July 20, 2006 2) General Dev. Plan & Final Plat Approval Resolution #5480 dated June 26, 2006 3) Trail Easement 4) MCWD Declaration C - City Engineer Recommendation Background The Glendale Cove development was approved subject to the terms of the Planned Unit Development No. 5 Agreement executed by the developer and the City in July 2006, per the conditions of Resolution #5480. The terms of the Agreement and Resolution specify that Glendale Cove Lane shall be a public road, and the sewer, water and storm sewer lines serving the development will be owned and maintained by the City. At long last the public improvements have been completed with installation of the final lift of bituminous in September. The final home is nearing completion, and the road, sewer and water systems have been found by the Public Works Department to meet City standards and are recommended for acceptance by the City. The acceptance of public facilities takes the form of a Resolution passed by the Orono City Council, on the advice of the City Engineer. Note that this acceptance also includes City acceptance of the trail extending from Glendale Drive to Glendale Cove Lane south of the church parking lot. The MCWD declaration places the responsibility for maintenance of stormwater ponds and wetland buffers within Outlots A and B on the homeowners. Staff Recommendation Staff recommends adoption of the attached resolution. COUNCIL ACTION REQUESTED Adopt the attached Resolution Accepting Glendale Cove Lane as a Public Road and Accepting Public Trail and Sewer, Water and Storm Sewer Improvements in the Glendale Cove Development as Public Facilities. 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 21, 2015 Item No.: 9 ______________________________________________________________________________ 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 - Adopt Preliminary Plat Approval Resolution ______________________________________________________________________________ List of Exhibits A - Draft Resolution B - Draft Council Minutes 10-12-15 On October 12 the Council voted 5-0 to direct staff to draft a resolution for preliminary plat approval. A resolution incorporating appropriate findings and conditions of preliminary plat approval is attached for Council consideration and adoption. It should be noted that the driveway on Lot 1 as it traverses the edge of the wetland will involve approximately 930 s.f. feet of wetland filling in order for the driveway to meet the 12’ minimum width requirement. This is below the 1,000 s.f. “deminimus” standard, therefore as designed does not require mitigation under WCA rules. The resolution has been drafted to note that this still requires City approval for removing the filled portion of wetland from the Wetland Overlay District, with equal area wetland replacement on site, which would be feasible on the property but should be further reviewed prior to final plat approval. COUNCIL ACTION REQUESTED Motion to amend or adopt the attached Resolution Granting Preliminary Plat Approval for Subdivision of the Property Located at 460 Orchard Park Road - File #15-3770. 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 22, 2015 Item No.: 10 ______________________________________________________________________________ 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 - Review Alternate Cul-de-sac Plan ______________________________________________________________________________ List of Exhibits: A – Alternate Plan: Driveways Only, No New Cul-de-sac B – Original Plan: Proposed New Cul-de-sac C – Hardcover Comparison Overlay D – Comments from Consulting Engineer Bob Bean 10-22-15 E – Draft Council Minutes 10-12-15 At the October 12 meeting Council tabled the application in order for applicant to explore the potential for eliminating the new cul-de-sac and simply extending three individual driveways to serve the three new lots. Applicant has submitted a drawing depicting such a driveway, attached as Exhibit A. The original plan with new cul-de-sac is attached as Exhibit B for comparison. The primary intent of this review is to analyze and compare the alternate plan without a new cul- de-sac. Incorporating comments from Consulting Engineer Bob Bean, City Engineer Adam Edwards and Planning Staff, we would note the following: 1. A cul-de-sac is required per City code when three or more lots are being served. The alternate plan would require a variance, even though the cul-de-sac bubble would be platted. 2. The existing cul-de-sac on Heritage Lane does not meet current City standards. If a new cul-de-sac is not provided with the new development, the existing cul-de-sac should be reconstructed to meet current standards. The existing cul-de-sac is tear- drop shaped and as was demonstrated by the resident’s video, not capable of allowing large vehicle movements without backing. 3. Expansion of the existing cul-de-sac will have an impact in reducing the neighbors’ improved yard areas and possibly their landscaping. Existing driveways will have to be adjusted accordingly. 4. Without a cul-de-sac that meets current City standards, emergency and maintenance vehicles may have difficulty accessing the new development and turning around. The proposed layouts should be reviewed by the Fire Department. 5. The “no new cul-de-sac” alternative would not result in any significant change to traffic patterns or views. However, not adding the new cul-de-sac could easily result in sightseers continuing past the existing cul-de sac and then having to maneuver to exit the site. 15-3774 1700 Shoreline Drive October 22, 2015 Page 2 6. City maintenance of the public road will be less efficient if the new cul-de-sac is not built. Or, will the City simply not plow past the existing cul-de-sac and expect the three new homeowners to plow not only their own driveways but the added 300 feet to get to the existing cul-de-sac? 7. The alternate plan would result in only 6-10 less significant trees requiring removal, when comparing the two plans side-by-side. See Exhibit C. The minimal tree savings does not justify the creation of another substandard road, a public one at that, in the city. 8. The amount of hardcover needed to be added is roughly equal in each plan. A full new cul-de-sac coupled with removal of portions of the existing cul-de-sac, is roughly the equivalent in hardcover of simply adding driveways and expanding the existing cul-de-sac to meet code. 9. If no new cul-de-sac is provided, construction traffic during home construction is more likely to spill out onto the existing Heritage Lane cul-de-sac despite the efforts to avoid such activity. 10. City Engineer Edwards recommends that whether a new cul-de-sac is built or the existing one expanded, surmountable concrete curbing should be used rather than asphalt curbing. A suitable transition from existing asphalt curbing to concrete curbing is easily accomplished, and asphalt curbing is a maintenance issue. City Consulting Engineer Bob Bean has updated his previous comments to include a review of the revised plans received in September as well as the alternate ‘no new cul-de-sac’ plan. See Exhibit D. A number of these comments are carryovers from the prior letter and have since been resolved. Staff Recommendation Staff recommends that the original plan to create a new cul-de-sac be approved, accompanied by removal of the excess portions of the existing cul-de-sac. Staff would oppose the alternate plan. If Council determines that the alternate plan should be followed, staff recommends that the existing cul-de-sac be brought up to City standard (80’ paved diameter) as part of the development improvements, and a determination made as to future maintenance of the extended road. 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. REQUEST FOR COUNCIL ACTION DATE: October 26, 2015 ITEM NO: 11 Department Approval: Administrator Reviewed: Agenda Section: Name Adam T. Edwards RJO Public Works Director/ Title Public Works Director City Engineer’s Report Item Description: Bulk Fuel Contract List of Exhibits A- Fuel Program Overview for 2016 B- Fuel Prices C- Fixed Fuel Price Fuel Order Form 1. Purpose. The purpose of this request is to gain Council approval for the city to enter into the State of Minnesota Fuel Consortium, Purchase Program for 2016 (February 2016-January 2017). 2. Background. The City consumes approximately 36,000 gallons of gasoline and 9,000 gallons of diesel a year. Prior to 2014, the City purchased fuel on an as needed basis. This resulted in varying fuel prices throughout the year. In 2014 the City aligned itself with the State fixed price fuel contract. As a result the City saved ~ $9,873 in Gasoline and ~$2,709 in Diesel over the year compared to pre-state tax retail rates. In 2015 the City did not enter in to the fixed price agreement as the fixed price went up after the authorization was granted. With the low fuel and relatively stable prices of 2015 the City saved money by not entering into the fixed price contract. 3. State of Minnesota’s Fuel Consortium. The purpose of the Fuel Consortium Purchase Program is to develop a consistent fuel budget for each budget year (see Exhibit A). In addition historically the fixed fuel prices has been lower than the average spot/rack price (See Exhibit B). Municipalities and other governmental organization with in the seven county metro area are eligible to participate. The Fixed Price Fuel Program requires participating cities to agree to a certain volume of fuel to be purchased. Cities need to submit requests by October 30, 2015. The State of Minnesota will then go out for bids before January. 4. Recommendation. The City of Orono participate in the State of Minnesota’s Fuel Consortium Purchase Program for 2016. The City will commit up to 70% of our annual volume of fuel to be purchased through the program (See Exhibit C). The remainder will be purchased through the spot/rack price for that particular day. Staff does not recommend purchasing 100% of our budgeted fuel, since the consumption of fuel can vary from month to month based on how many miles driven and it is possible that the spot/rack price could go below the Fixed Price making it more advantageous to purchase at a lower cost when possible. COUNCIL ACTION REQUESTED: The purpose of this request is to gain Council approval for the city to enter into the State of Minnesota Fuel Consortium, Purchase Program for 2016 (February 2016-January 2017). Exhibit B- Fuel Prices The Chart Below depicts the State Of Minnesota Fixed Prices and the average spot/rack prices per gallon for Gasoline. The Chart Below depicts the State of Minnesota Fixed Prices and the average spot/rack prices per gallon for Diesel. $- $0.50 $1.00 $1.50 $2.00 $2.50 $3.00 $3.50 2009 2010 2011 2012 2013 2014 2015 Diesel Prices Diesel Fixed Price Diesel Average Spot Price DATE: OCTOBER 1, 2015 TO: PERSPECTIVE FUEL CONSORTIUM MEMBERS FROM: CHRIS MARQUETTE (replacing Jackie Finger) – STATE MATERIALS MANAGEMENT DIVISION RE: FIXED PRICE FUEL PROGRAM FOR 2016-2017 (New Contract Term: February 1, 2016, through January 31, 2017) The State will again lead the 2016-2017 Fixed Price Fuel Program for qualified participants. The qualification requirements are as follows: • Participant must be a CPV member and agree to comply with all terms and conditions of the contract. • Participant must be located in the nine county metropolitan area (Anoka, Carver, Dakota, Hennepin, Scott, Sherburne, Ramsey, Wright and Washington) or as amended. • The tanks must be owned and maintained by the Participant. • Participant must be able to take either gasoline or diesel fuel in the required product type (B5, B10, etc.) and as delivered by the Contract Vendor in quantities of at least 500 gallons per delivery. • Participant must take 100 percent of the committed monthly amount at the fixed price contracted on its behalf. • Fill rate must be at least 500 gallons or more. • Once final Contracts are executed, the participating agency or entity will be notified of the price and the name of the Contract Vendor. CAREFULLY REVIEW THE FOLLOWING INFORMATION!!! The Spot Price Program does not require firm quantities to be submitted and the Spot Price Program may be used on an as needed basis by any participants in the Fixed Price Fuel Program if they so choose. If you have any questions, please feel free to contact me via E-mail (PREFERRED): chris.marquette@state.mn.us or by phone at 651.201.2436. Thank you. RETURN ORDER FORM NO LATER THAN OCTOBER 30, 2015. Only those agencies that wish to participate in the Fixed Price Program must complete the fuel questionnaire and return it to my attention no later than October 30, 2015. LATE RESPONSES WILL NOT BE CONSIDERED. If you are required to obtain approval by your governing board, plan accordingly. Please be careful to provide accurate information. FUEL CONSORTIUM – OVERVIEW FIXED PRICE PROGRAM – The agencies participating in the Fixed Price Schedule are required to take 100% of its monthly quantity committed and the Contract Vendor is required to provide 100% of the monthly quantities contracted. The program will be for 12 months beginning February 1, 2016, through January 31, 2017. If the original purchaser is unable to take all of the monthly committed gallons, the Contract Vendor will be responsible for contacting other locations participating in the Fixed Price Contract to determine if they are able to take additional gallons. If the Contract Vendor is able to ship the unused gallons from the original participating purchaser to another participating agency, there will be no cost to the original participating agency. If the Spot Price is less than the Fixed Price, participants are not required to take more than the monthly amount they committed to. If the Contract Vendor is unable to ship the unused gallons from the original participating purchaser to another participating agency, they may sell the unused gallons on the open market and either debit or credit the difference in price back to the original participating purchaser based on the open market sell price. If the Contract Vendor is unable to provide all of the monthly committed gallons to a participating member by the due date and time, the participating member may purchase the product on the open market and charge the Contract Vendor for any actual additional costs incurred. SPOT PRICE PROGRAM. In addition to a Fixed Price program, we will include a Spot Price program for Participants to handle extra fuel needs over and above the committed quantities in the Fixed Price program. Only Participants in the Fixed Price program may use the Spot Prices offered by the Contract Vendor. Participants are not required to use the Spot Price program and may use other State Spot Price programs currently in place or may purchase their additional fuel needs independently. If the Contract Vendor is unable to provide the order quantity to a State agency or CPV member by the required due date and time, the State agency or CPV member may purchase the product on the open market and charge the Contract Vendor for any actual additional costs incurred. AGENCY NAME:_____________________________________________________________________________________ ADDRESS:_________________________________________________________________________________________ CONTACT PERSON: _______________________________________ TITLE: ___________________________________ PHONE NO.: ________________ FAX NO.:_________________ E-MAIL:______________________________________ AUTHORIZED SIGNATURE:___________________________________________________________________________ The signature below agrees to all terms, conditions and prices of any Contract agreement entered into on its behalf by the State of Minnesota which includes, but is not limited to, taking 100% of the monthly fuel quantities submitted for the Fixed Price Program on the Fuel Order Form. There is no requirement to take any product using the Spot Price Program. RETURN ORDER FORM NO LATER THAN OCTOBER 30, 2015 IMPORTANT NOTE TO CURRENT PARTICIPANTS: The current Contract with Mansfield Oil does not expire until January 31, 2016. Due to market conditions AND the solicitation process, the Fuel Core Team is exploring its pricing options for a new program that will begin on February 1, 2016. To achieve this, participants MUST submit their quantities for the Fixed Price Program NO LATER THAN OCTOBER 30, 2015. 2016-2017 FUEL CONSORTIUM PURCHASE PROGRAM PAGE 1 OF 2 Put "0" if product is not required for a specific month. FIXED PRICE PROGRAM COMMITMENT QUANTITIES FIXED PRICE PROGRAM Gallons - 500 Gallon Minimum Delivery Participation in the Fixed Price Fuel Program requires the 2015-2016 MONTHLY * B5 Premium State agency or CPV Member located in the nine (9) county REQUIREMENTS GASOLINE E-85 * B10 B15 B20 Winter Diesel metropolitan area to take 100% of the quantity pledged February (2016)2400 500 on the Fuel Order Form. March 2400 500 April 2400 500 Participants must have a capacity for taking at least 500 gallons May 2400 per delivery.June 2400 500 July 2400 PLEASE NOTE: August 2400 500 Agencies should consider the amount of its annual September 2400 usage it wants to commit to this program. It is not October 2400 recommended that you commit all of your fuel needs November 2400 500 to the Fixed Price Program. The Spot Price Program may be December 2400 500 used for additional fuel requirements.January (2017)2400 500 TOTALS:28800 2500 1500 * NOTE: 10% biodiesel mandated April through September, otherwise 5% biodiesel. SPOT PRICE PROGRAM - FOR INFORMATION PURPOSES ONLY Provide an estimate of the number of gallons of fuel you might purchase from the Contract using the Spot Price Program. There is no commitment implied by providing the estimated usage -- this is for information purposes only. Est. Annual Usage Number of Gallons/500 minimum delivery. Gasoline 7200 Name E-85 Diesel 5000 Agency Date RETURN EXCEL VERSION OF ORDER FORM TO CHRIS MARQUETTE AT chris.marquette@state.mn.us NO LATER THAN OCTOBER 30, 2015. The signature on the Overview document agrees to all terms, conditions and prices of any Contract agreement entered into on its behalf by the State of Minnesota which includes, but is not limited to, taking 100% of the monthly fuel quantities submitted for the Fixed Price Program on the Fuel Order Form. There is no requirement to take any product using the Spot Price Program. 2016-2017 FUEL CONSORTIUM PURCHASE PROGRAM PAGE 2 OF 2 TANK SIZES AND LOCATIONS PRODUCT TYPE STORED TANK SIZE ADDRESS GASOLINE E-85 DIESEL Tank 1 2750 Kelley Parkway, Orono, MN 55356 2000 Tank 2 2750 Kelley Parkway, Orono, MN 55356 2000 Tank 3 265 ORONO ORCHARD RDCRYSTAL B MN 55323 500 Tank 4 265 ORONO ORCHARD RDCRYSTAL BAYMN 55323 500 Tank 5 Tank 6 Tank 7 Tank 8 Tank 9 Tank 10 Tank 11 Tank 12 Tank 13 Tank 14 Tank 15 Tank 16 Tank 17 Tank 18 Tank 19 Tank 20 NAME OF AGENCY REQUEST FOR COUNCIL ACTION DATE: October 26, 2015 ITEM NO: 12 Department Approval: Administrator Reviewed: Agenda Section: Name Adam T. Edwards RJO Public Works Director/ Title Public Works Director City Engineer’s Report Item Description: 2015 Sanitary Sewer Rehabilitation Project List of Exhibits A- Project Area Map B- Engineer’s Estimate C- MCES Grant Letter of Intent, dated September 10, 2015 1. Purpose. The purpose of this action item is to gain council approval to solicit Bids for the 2015 sanitary sewer rehabilitation project. 2. Background. Metropolitan Council Environmental Services (MCES) provide sanitary sewer treatment for the majority of communities (including Orono) in the Minneapolis / St. Paul metropolitan area. In 2004, MCES commissioned a task force including representative from surrounding communities, to look into the growing problem of Inflow and Infiltration (I&I) and how it will affect the treatment capabilities of MCES. In 2005, MCES developed a surcharge program which required communities, who were identified as communities who contribute excessive I&I, to address the issue or be fined by MCES. Orono was identified as one of the communities who contribute excessive I&I to MCES’s system. The 2015 MCES I&I Surcharge is $121,827. This charge can be offset by any I&I improvement projects the city undertakes this year. 3. Project Scope. The sanitary sewer rehabilitation project will consist of Cured in Place Pipe (CIPP ) lining approximately 4,915 feet of 1964-69 sanitary sewer pipes, manhole reconstruction, and lid replacement (Exhibit A). These sewer lines are located in low lying areas where the pipe is below the groundwater elevation. These lines have significant I&I issues and the City will further reduce the amount of water entering the system and being treated by MCES. 3. Cost. The Engineer’s Estimate for the project is $256,534. (Exhibit B) 4. Funding. This project will be funded through the Sanitary Sewer Enterprise Fund and a $25,000 grant from MCES (exhibit C). $250,000 was budgeted in the Capital Improvement Plan. 5. Timing. Project is to be completed by the end of July 2016. COUNCIL ACTION REQUESTED: Motion to authorize the solicitation of bids for the 2015 Sanitary Sewer Rehabilitation Project. ENGINEER'S ESTIMATE 2015 SANITARY SEWER REHABILITATION CITY OF ORONO BMI PROJECT NO. C13.109540 ITEM ESTIMATED UNIT TOTAL NO.BID ITEM UNIT QUANTITY PRICE AMOUNT 1 MOBILIZATION LS 1 $7,000.00 $7,000.00 2 TRAFFIC CONTROL LS 1 $2,500.00 $2,500.00 BALDUR PARK RD 3 CURED IN PLACE PIPE (CIPP) APPROXIMATELY 8" MEASURE LF 1,265 $28.50 $36,052.50 4 LATERAL REINSTATEMENT (ANY SIZE)EACH 20 $150.00 $3,000.00 5 PROTRUDING TAP TRIMMING (NON-IRON, ANY SIZE)EACH 2 $500.00 $1,000.00 6 LATERAL TOPHAT EACH $4,000.00 $0.00 7 BY-PASS PUMPING - STAND-BY HRS 10 $250.00 $2,500.00 8 MANHOLE JOINT SEALING EACH 5 $625.00 $3,125.00 9 MANHOLE INVERT RECONSTRUCTION EACH 2 $850.00 $1,700.00 10 DOGHOUSE RECONSTRUCTION EACH 2 $250.00 $500.00 11 MISCELLENEOUS GROUTING GAL 5 $50.00 $250.00 12 MANHOLE LINING LF 2 $750.00 $1,500.00 KELLY AVE 13 CURED IN PLACE PIPE (CIPP) APPROXIMATELY 8" MEASURE LF 2,120 $28.50 $60,420.00 14 LATERAL REINSTATEMENT (ANY SIZE)EACH 23 $150.00 $3,450.00 15 PROTRUDING TAP TRIMMING (NON-IRON, ANY SIZE)EACH 1 $500.00 $500.00 16 LATERAL TOPHAT EACH $4,000.00 $0.00 17 BY-PASS PUMPING - LIFT STATION LS 1 $5,000.00 $5,000.00 18 BY-PASS PUMPING - STAND-BY HRS 10 $250.00 $2,500.00 19 MANHOLE JOINT SEALING EACH 16 $625.00 $10,000.00 20 MANHOLE INVERT RECONSTRUCTION EACH 2 $850.00 $1,700.00 21 DOGHOUSE RECONSTRUCTION EACH 3 $250.00 $750.00 22 MISCELLENEOUS GROUTING GAL 5 $50.00 $250.00 23 MANHOLE LINING LF 4 $750.00 $3,000.00 MAPLE RIDGE LN 24 CURED IN PLACE PIPE (CIPP) APPROXIMATELY 8" MEASURE LF 1,530 $28.50 $43,605.00 25 LATERAL REINSTATEMENT (ANY SIZE)EACH 9 $150.00 $1,350.00 26 PROTRUDING TAP TRIMMING (NON-IRON, ANY SIZE)EACH 2 $500.00 $1,000.00 27 LATERAL TOPHAT EACH $4,000.00 $0.00 28 BY-PASS PUMPING - STAND-BY HRS 10 $250.00 $2,500.00 29 MANHOLE JOINT SEALING EACH 9 $625.00 $5,625.00 30 MANHOLE INVERT RECONSTRUCTION EACH 2 $850.00 $1,700.00 31 DOGHOUSE RECONSTRUCTION EACH 4 $250.00 $1,000.00 32 MISCELLENEOUS GROUTING GAL 5 $50.00 $250.00 33 MANHOLE LINING LF 2 $750.00 $1,500.00 TOTAL ESTIMATED CONSTRUCTION COST: $205,227.50 25% ENGINEERING, ADMINISTRATION, FINANCING $51,306.88 TOTAL ESTIMATED PROJECT COST: $256,534.38 REQUEST FOR COUNCIL ACTION DATE: October 26, 2015 ITEM NO: 13 Department Approval: Administrator Reviewed: Agenda Section: Name Adam T. Edwards RJO Public Works Director/ Title Public Works Director City Engineer’s Report Item Description: Asset Management System List of Exhibits A- Project Area Map 1. Purpose. The purpose of this action item is to gain council approval to implement an Asset Management Systems and in particular to solicit proposals of the same. 2. Background. Currently the City does not have a modern coherent system for tracking our assets, managing work flow or prioritizing needs for budgeting decisions. The City’s asset records are kept in multiple repositories including old file cabinets, numerous spreadsheets on different servers, and in the brains of long term employees. The City has invested considerable monetary resources into the City’s services (Sewer, water, roads, storm sewers, parks and city equipment). 3. Asset Management. “Asset Management is maintaining a desired level of service for what you want your assets to provide at the lowest life cycle cost. Lowest life cycle cost refers to the best appropriate cost for rehabilitating, repairing or replacing an asset. Asset management is implemented through an asset management program.” US EPA Published Document 816-F-08- 014 – April 2008. Asset Management Systems emphasize life of asset cost, recognizing that properly maintained assets will last longer and therefore costing less money. a. Benefits. Information Management Centralize information and eliminate dependence on institutional knowledge. Efficiency Streamline workflow and eliminate inefficiencies making staff more efficient & accountable. Budgeting Track s the true cost of infrastructure leading to more efficient planning and use of dollars. Service Level Promotes a proactive verse reactive model by identification of critical assets allowing prioritization of needs resulting in an increased and sustainable expected level of service. b. Features. We will be looking to implement an asset management system with the following features/ capabilities: Monitor, maintain and manage assets Generate work requests / work orders Associate work orders to assets Associate and track labor, materials and equipment costs to assets Spatially map assets in GIS Easily generate the standard and customizable reports Simple and mobile interface for ease of employee use Modular system that can be expended or reduced to meet city needs 3. Cost. Informal quotes received to date indicate it will cost $25,000 to $30,000 to implement and $7,000-$10,000 per year for licensing and system maintenance. 4. Funding. The implementation of this project will be funded through the Sanitary Sewer, Water, and Storm Water Enterprise Funds and the annual licensing fees would be distributed amongst the operating budgets for streets, water, sewer, storm water, and parks. 5. Timing. The proposed project timeline is as follows: November 2014 Initiated research into asset management systems December 2014- June 2015 Solicited presentations for leading providers: City Works, Cartegraph, Pitney Bowles and Beehive October 2015 Council direction/approval November 2015 Solicit Asset Management Proposal 23 November 2015 Award Contract for asset management implementation January 2016 Begin Implementation and training June 2016 Initial system implementation and Training complete. COUNCIL ACTION REQUESTED: Motion to authorize the Public Works Director for solicit proposals for an asset management system. REQUEST FOR COUNCIL ACTION DATE: October 26, 2014 ITEM NO: 14 _____________________________________________________________________________________________ Department Approval: Administrator Reviewed: Agenda Section: Name Adam Edwards RJO Public Works Director/ Title Public Works Director/City Engineer City Engineer’s Report ____________________________________________________________________________________ Item Description: Fox Street (MSA Section) (Willow-Brown) Engineering Fee ________________________________________________________________________________________________________ List of Exhibits A- Bolton & Menk, Inc. Letter 1. Purpose. The purpose of this action item is to gain approval to complete Engineering and Design for the MSA section of Fox Street. 2. Background. On September 28, 2015 the Council directed the City’s consulting engineering firm, Bolton and Menk to provide a fee estimate for the MSA section of Fox Street. The council’s intent was to be able to compare and determine sequencing of MSA reconstruction projects, in particular Watertown Road Phase 2 and the MSA section of Fox Street while constrained by a limited MSA fund balance. 3. Scope of Work. The engineering work includes surveying, wetland delineation, project development, design and bidding for improvements to Fox Street between Willow Drive and Brown Road. 4. Cost. The cost of the engineering work is not to exceed $53,100. 5. Funding. The work may be funded from the MSA fund. COUNCIL ACTION REQUESTED: Move to approve the Bolton and Menk’s project development proposal for a fee not to exceed $53,100. ORONO POLICE DEPARTMENT REQUEST FOR COUNCIL ACTION Date: October 26, 2015 Item No: 15 ______________________________________________________________________________ Department Approval: Administrator Reviewed: Agenda Section: Name: Correy Farniok JML City Administrator Title: Police Chief _______________________________________________________________________ Item Description: Authorization for Disposal of Weapon ______________________________________________________________________________ DISCUSSION: Over the last several years the police department has acquired several guns by various means. Some have been turned in for disposal, some have been taken during search warrants and others have been seized when used illegally. Orono Public Works will assist us by cutting up the weapons that need to be destroyed and have no value. Streicher’s and H & H Sports are reputable local businesses specializing in police equipment has offered competitive prices on those weapons that are deemed to have value. The money obtained from the disposal of these guns will be used to purchase duty weapons and/or ammunition to be used by the department at the range when training. Remington 30.06 rifle Browning 12 ga shotgun Remington 12 ga shotgun Remington 12 ga shotgun H & K 12 ga shotgun Remington 30.06 rifle Arcus 9mm handgun S & W 45 handgun Khar 9mm handgun Ruger 380 handgun S & W 44 handgun Glock 45 handgun COUNCIL ACTION REQUESTED: Motion to authorize Striecher’s and/or H & H sports to purchase weapons from the Orono Police Department and authorize Orono Public Works to destroy guns that have no value. ORONO POLICE DEPARTMENT REQUEST FOR COUNCIL ACTION Date: October 26, 2015 Item No: 16 ______________________________________________________________________________ Department Approval: Administrator Reviewed: Agenda Section: Name: Correy Farniok RJO City Administrator Title: Police Chief _____________________________________________________________________________ Item Description: Disposal of Bicycles _____________________________________________________________________________ DISCUSSION: The Orono Police Department has 15 bicycles that have been turned in to the department. The bikes were found or abandoned within the city. The following bicycles have not been claimed. All of the bicycles have been in the department’s possession for more than 60 days. The police department considers the bicycles as abandoned property and would like to dispose of them by donating them to Re-Cycle, Inc. or WeCan (Western Communities Action Network, Inc.) in Mound. Re-Cycle is a company that takes old, damaged and poor condition bikes and uses the parts to repair bikes for children and young adults in the metro area. The bicycles that are in good condition will be given to WeCan. WeCan will give the bicycles to children and young adults in the community that are in need of a bicycle. Those bicycles cannot be fixed/used will be destroyed by Orono Public Works. COUNCIL ACTION REQUESTED: Recommend a motion to approve the disposal of the bicycles to Re-Cycle, Inc or WeCan in Mound. ORONO POLICE DEPARTMENT REQUEST FOR COUNCIL ACTION Date: October 26, 2015 Item No: 17 ______________________________________________________________________________ Department Approval: Administrator Reviewed: Agenda Section: Name: Correy Farniok RJO City Administrator Title: Police Chief ______________________________________________________________________________ Item Description: Disposal of Forfeited Vehicles ______________________________________________________________________________ DISCUSSION: The Police Department has three forfeited vehicles that are being sold. All vehicles were seized and forfeited by the Orono Police Department from drivers that had multiple violations for Driving While Intoxicated. The Police Department would recommend all vehicles be sent to an Auto Auction or to Perry’s Towing to be scrapped. 1994 Chevy Pickup VIN#2GCEK19K7R1205875(Auto Auction) 2006 Hyundi sedan VIN#KMHFC46F96A106451(Auto Action) 1991 Honda Civic VIN#1HGED4666ML046175 (Scrap) COUNCIL ACTION REQUESTED: A motion to dispose of three forfeited vehicles. Vehicles to be auctioned through the Auto Auction or Perry’s Towing to be scrapped. ORONO POLICE DEPARTMENT REQUEST FOR COUNCIL ACTION Date: October 26, 2015 Item No: 18 ________________________________________________________________________ Department Approval: Administrator Reviewed: Agenda Section: Name: Correy Farniok RJO City Administrator Title: Police Chief ________________________________________________________________________ Item Description: Disposal of Unclaimed Property ________________________________________________________________________ DISCUSSION: The Police Department seeks to dispose of excess, unclaimed property in a cost effective manner. This is property that has been recovered that has not been claimed. The property includes miscellaneous tools, jewelry and small electronics. All attempts at locating the property owners have been exhausted. The police department would like to dispose the property through public auction. K-BID in Medina or similar type auction will attempt to auction these items. All items for which there are no bids will be discarded. Auction Items are the following: • Kenneth Cole silver watch • Blue Legent Backpack • Misc hand tools • Ridgid cordless drill with charger • Camera tripod • Milwaukee Cordless drill set • Skill brand bag with misc hand tools • Craftsman battery die grinder • DeWalt Sawzall in case • Motorcycle Helmet • Swiss gear backpack • MIsc Xbox games • Garmin GPS • NOOK book reader COUNCIL ACTION REQUESTED: Consider motion to approve the disposal of the property through K-BID or other similar type of public auction. Items that are not sold will be discarded. MEMORANDUM To: Mayor and Council From: Ron Olson, Finance Director Subject: Budget Update Date: October 26, 2015 Attachments: 1.Revenue Summary 2.Revenue Detail 3. Expenditure Summary 4.Expenditure Detail 5.Investment Summary 6.Investment Detail The third quarter General Fund summaries are included with this memo. They are as of the end of September which represents 75% of the year. Revenues are at 60.8% of budget with expenditures at 73.4% of budget. The revenue totals are the actual amounts collected through 9/30/15. Expenditures amounts are based on payments through 10/12/15 with adjustments made for known 3rd quarter expenditures that were not paid by that date. General Fund Revenues Property taxes at 53.0% of the budget are the primary revenue source for the General Fund. With the addition of delinquent collections, the property tax category is currently at 50.9%. When the 2nd half tax settlement is received in December, it is expected that property tax revenue will be at 100% of budget. Licenses and Permits are at 95.8% and are forecast to exceed 100% at year’s end. This is the result of a significant increase in permit revenue that is expected to continue as the Stonebay and Lakeview developments move ahead. Charges for services are at 94.7% of budget. Construction related line items (Plan Check and Conditional Use-Varience) are already well over budget and the category as a whole will finish the year over 100% of budget. Other Governmental revenue is only at 13.5% of budget, however the police State Aid Reimbursement was received in October and the category is now over budget for the year. Golf Course revenue was is at 146% of budget as the course as the combination of excellent weather, decreased competition, and improvements at the course combined for the best revenue year in over a decade. The overall revenue budget will exceed 100% at the end of the year. General Fund Expenditures At 73.8%, the overall expenditure amounts are right on target for the year. Assessing is currently at 76.92% of budget. This department will finish the year over budget by $6,000 which is 104% of budget. This overage was discussed as part of the 2nd report and is the result of increased building activity and the charges associated with new home construction. Human Services is at Item No: 19 Page 2 96.75% of budget, but all of the department’s annual expenditures have been recorded. The Golf Course is at 92.52% of budget at this point in the year. It will likely finish the year slightly over budget. This overage is more than offset by higher than budgeted revenues with the course showing a profit for the first time since 2000. The Special Service line is over budget for the year. These expenditures are offset by revenues and reflect the increase in construction activity. The other General Fund department budgets are in good shape for this time of the year. The overall expenditure budget is forecast to end the year at 100% or less. Investments The third quarter investment listing is included for your review. The purchase price of our current investments total $17,976,045.88. Total interest earned through September is $132,424.90. The current market value of investments is $17,980,709.66 which is $4,663.78 greater than our cost. A listing of new investments since the 2nd quarter is included with this memo. Summary Overall the General Fund budget is in good shape through the end of June. Revenues are expected to exceed budget while expenditures should finish the year at or below budgeted levels. More importantly, Building Permit revenue is continuing its recovery which is a positive indicator for the City’s property tax base and future budgeting needs. Attachment 1 - Revenue Summary Source September 30 Budget Balance Percent Taxes 2,044,925 4,016,500 1,971,575 50.91% Licenses & Permits 398,434 415,950 17,516 95.79% Other Governmental 29,271 217,220 187,949 13.48% Charges for Service 2,458,375 2,596,800 138,425 94.67% Fines 68,970 145,500 76,530 47.40% Miscellaneous 1,510 1,000 (510) 151.00% Golf Course 175,225 120,000 (55,225) 146.02% Interest 381 35,000 34,619 1.09% Other Sources & Transfers 25,776 31,900 6,124 80.80% 5,202,867 7,579,870 2,377,003 68.64% 2015 City of Orono Revenue Summary with Comparison to Budget For The 9 Months Ending September 30, 2015 Attachment 3 - Expenditure Summary 2015 Budget Y-T-D Sep 30,2015 Adjustments Y-T-D 9/30/2015 Balance Percent Mayor & Council 91,700 80,657 (9,153) 71,504 20,196 77.98% Administration 280,560 215,282 (5,265) 210,017 70,543 74.86% Elections 2,400 - 1,500 1,500 900 62.50% Assessing 160,000 13,250 109,824 123,074 36,926 76.92% Finance 318,620 240,523 (7,843) 232,680 85,940 73.03% Law/Legal Services 97,500 69,321 4,500 73,821 23,679 75.71% Central Services 239,050 191,778 (1,876) 189,903 49,147 79.44% Human Services 12,400 11,997 - 11,997 403 96.75% Police 3,971,675 2,875,639 19,791 2,895,430 1,076,245 72.90% Fire Protection Services 387,000 205,663 89,097 294,759 92,241 76.17% Building & Zoning 686,500 507,046 (1,410) 505,636 180,864 73.65% Engineering 25,000 10,563 2,500 13,063 11,937 52.25% Street Maintenance 554,440 369,275 (4,815) 364,460 189,980 65.73% Parks 105,100 81,270 612 81,882 23,218 77.91% Golf Course 147,995 137,348 (423) 136,925 11,070 92.52% Special Services 69,930 67,337 4,500 71,837 (1,907) 102.73% Special Projects-Contingencies 40,000 19,243 - 19,243 20,757 48.11% Transfers to Other Funds 390,000 - 292,500 292,500 97,500 75.00% Total General Fund Expenditures 7,579,870 5,096,193 494,039 5,590,232 1,989,638 73.75% City of Orono 2015 General Fund Summary Attachment 4 - Expenditure Detail 2015 Budget Y-T-D Sep 30,2015 Adjustments Adjusted Adjusted Y-T-D Sep 30,2015 Balance Percent 101-41110-101 101 Full-Time Employees Regular 18,200 15,167 (1,517)13,650 4,550 75.00% 101-41110-122 122 FICA 1,390 1,160 (116)1,044 346 75.12% 101-41110-151 151 Worker's Comp Insurance Prem 0 68 0 68 (68)N/A Total Personal Services 19,590 16,395 (1,633)14,762 4,828 75.35% 101-41110-433 433 Memberships 70,810 63,074 (7,520)55,554 15,257 78.45% 101-41110-437 437 Training & Development 500 540 0 540 (40)108.00% 101-41110-439 439 Meeting Expenses 800 649 0 649 151 81.12% 101-41110-489 489 Other Miscellaneous Charges 0 0 0 0 0 N/A Total Other Expenses 72,110 64,262 (7,520)56,742 15,368 78.69% 91,700 80,657 (9,153)71,504 20,196 77.98% Other Expenses Personal Services City of Orono 2015 Line Item Budget Mayor & Council City Council Total Page 1 Attachment 4 - Expenditure Detail 2015 Budget Y-T-D Sep 30,2015 Adjustments Adjusted Adjusted Y-T-D Sep 30,2015 Balance Percent 101-41300-101 101 Full-Time Employees Regular 192,950 151,664 (5,215)146,449 46,501 75.90% 101-41300-102 102 Full-Time Employees Overtime 1,300 0 0 0 1,300 0.00% 101-41300-103 103 Part-Time Employees 0 0 0 0 0 N/A 101-41300-104 104 Temporary Employees Regular 450 6,710 0 6,710 (6,260)1491.11% 101-41300-121 121 PERA 14,570 10,774 (365)10,409 4,161 71.44% 101-41300-122 122 FICA 14,900 11,260 (400)10,860 4,040 72.89% 101-41300-135 135 City Benefit Contribution 35,940 20,800 0 20,800 15,140 57.87% 101-41300-142 142 Unemployment Benefit Payments 0 0 0 0 0 N/A 101-41300-151 151 Worker's Comp Insurance Prem 1,150 863 0 863 288 75.00% Total Personal Services 261,260 202,071 (5,980)196,091 65,169 75.06% 101-41300-208 208 Books & Periodicals 300 286 0 286 14 95.33% Total Supplies & Maintenance 300 286 0 286 14 95.33% 101-41300-319 319 Professional Services 6,000 3,700 600 4,300 1,700 71.67% Total Professional Serivces 6,000 3,700 600 4,300 1,700 71.67% 2015 Line Item Budget City of Orono Professional Services Supplies & Maintenance Personal Services Administration Page 2 Attachment 4 - Expenditure Detail 2015 Budget Y-T-D Sep 30,2015 Adjustments Adjusted Adjusted Y-T-D Sep 30,2015 Balance Percent 101-41300-331 331 Travel Expenses 5,000 4,023 (400)3,623 1,377 72.45% 101-41300-340 340 General Advertising 0 0 0 0 0 N/A 101-41300-433 433 Memberships 1,500 1,276 0 1,276 224 85.07% 101-41300-437 437 Training & Development 3,500 2,162 0 2,162 1,338 61.76% 101-41300-439 439 Meeting Expenses 500 1,077 0 1,077 (577)215.33% 101-41300-489 489 Other Miscellaneous Charges 2,500 688 515 1,203 1,297 48.14% Total Other Expenses 13,000 9,225 115 9,340 3,660 71.85% 280,560 215,282 (5,265)210,017 70,543 74.86% Other Expenses Administration Total City of Orono 2015 Line Item Budget Administration cont. Page 3 Attachment 4 - Expenditure Detail 2015 Budget Y-T-D Sep 30,2015 Adjustments Adjusted Adjusted Y-T-D Sep 30,2015 Balance Percent 101-41410-102 102 Full-Time Employees Overtime 0 0 0 0 0 N/A 101-41410-104 104 Temporary Employees Regular 0 0 0 0 0 N/A 101-41410-121 121 PERA 0 0 0 0 0 N/A 101-41410-122 122 FICA 0 0 0 0 0 N/A Total Personal Services 0 0 0 0 0 N/A 101-41410-208 208 Books & Periodicals 0 0 0 0 0 N/A 101-41410-221 221 Equipment Parts & Accessories 2,000 0 1,500 1,500 500 75.00% 101-41410-240 240 Small Tools and Minor Equip 0 0 0 0 0 N/A Total Supplies & Maintenance 2,000 0 1,500 1,500 500 75.00% 101-41410-319 319 Professional Services 0 0 0 0 0 N/A 101-41410-322 322 Postage 400 0 0 0 400 0.00% 101-41410-331 331 Travel Expenses 0 0 0 0 0 N/A 101-41410-340 340 General Advertising 0 0 0 0 0 N/A 101-41410-412 412 Building Rentals 0 0 0 0 0 N/A 101-41410-415 415 Other Equipment Rentals 0 0 0 0 0 N/A 101-41410-437 437 Training & Development 0 0 0 0 0 N/A 101-41410-439 439 Meeting Expenses 0 0 0 0 0 N/A 101-41410-489 489 Other Miscellaneous Charges 0 0 0 0 0 N/A Total Other Expenses 400 0 0 0 400 0.00% 2,400 0 1,500 1,500 900 62.50% Elections Elections Total Other Expenses Supplies & Maintenance Personal Services City of Orono 2015 Line Item Budget Page 4 Attachment 4 - Expenditure Detail 2015 Budget Y-T-D Sep 30,2015 Adjustments Adjusted Adjusted Y-T-D Sep 30,2015 Balance Percent 101-41550-302 302 Assessing Services 160,000 13,250 81,157 94,407 65,593 59.00% Total Assessing Service 160,000 13,250 81,157 94,407 65,593 59.00% 160,000 13,250 81,157 94,407 65,593 59.00% Assessing Services Assessing Total City of Orono 2015 Line Item Budget Assessing Page 5 Attachment 4 - Expenditure Detail 2015 Budget Y-T-D Sep 30,2015 Adjustments Adjusted Adjusted Y-T-D Sep 30,2015 Balance Percent 101-41500-101 101 Full-Time Employees Regular 207,160 169,265 (6,190)163,075 44,085 78.72% 101-41500-102 102 Full-Time Employees Overtime 200 0 0 0 200 0.00% 101-41500-103 103 Part-Time Employees 21,040 16,450 (560)15,890 5,150 75.52% 101-41500-104 104 Temporary Employees Regular 0 0 0 0 0 N/A 101-41500-121 121 PERA 17,110 13,366 (485)12,881 525 75.29% 101-41500-122 122 FICA 17,460 12,862 (468)12,394 5,066 70.99% 101-41500-135 135 City Benefit Contribution 52,920 26,177 0 26,177 26,743 49.46% 101-41500-151 151 Worker's Comp Insurance Prem 1,250 938 0 938 313 75.00% Total Personal Services 317,140 239,058 (7,703)231,355 82,082 72.95% 101-41500-208 208 Books & Periodicals 0 0 0 0 0 N/A Total Supplies & Maintenance 0 0 0 0 0 N/A 101-41500-301 301 Auditing and Acct'g Services 0 0 0 0 0 N/A Total Professional Services 0 0 0 0 0 N/A 101-41500-331 331 Travel Expenses 150 190 0 190 (40)126.40% 101-41500-433 433 Memberships 330 465 (140)325 5 98.48% 101-41500-437 437 Training & Development 1,000 811 0 811 189 81.07% Total Other Expenses 1,480 1,465 (140)1,325 155 89.55% 318,620 240,523 (7,843)232,680 82,236 73.03% City of Orono 2015 Line Item Budget Finance Department Personal Services Supplies & Maintenance Professional Services Other Expenses Finance Total Page 6 Attachment 4 - Expenditure Detail 2015 Budget Y-T-D Sep 30,2015 Adjustments Adjusted Adjusted Y-T-D Sep 30,2015 Balance Percent 101-41600-305 305 Legal-Retainer 0 0 0 0 0 N/A 101-41600-306 306 Legal-Prosecution 38,500 28,873 0 28,873 9,628 74.99% 101-41600-307 307 Legal-Consulting 45,000 32,321 4,000 36,321 8,679 80.71% 101-41600-308 308 Code Enforcement 4,000 2,054 0 2,054 1,946 51.35% 101-41600-309 309 Jail Charges 10,000 6,073 500 6,573 3,427 65.73% Total Professional Services 97,500 69,321 4,500 73,821 23,679 75.71% 97,500 69,321 4,500 73,821 23,679 75.71% City of Orono 2015 Line Item Budget Law/Legal Services Professional Services Law/Legal Services Total Page 7 Attachment 4 - Expenditure Detail 2015 Budget Y-T-D Sep 30,2015 Adjustments Adjusted Adjusted Y-T-D Sep 30,2015 Balance Percent 101-41900-201 201 Office supplies 14,000 9,912 0 9,912 4,088 70.80% 101-41900-221 221 Equipment Parts & Accessories 3,000 2,785 0 2,785 215 92.82% 101-41900-223 223 Bldg/Grounds Maint. Supplies 3,500 2,807 0 2,807 693 80.19% 101-41900-401 401 Repairs/Maint-Office Equip 24,000 13,681 1,000 14,681 9,319 61.17% 101-41900-403 403 Repairs/Maint-Misc. Equip 700 0 0 0 700 0.00% 101-41900-404 404 Repairs/Maint-Bldgs/Grounds 15,000 17,895 (3,600)14,295 705 95.30% 101-41900-407 407 Janitorial Services 19,000 15,686 (1,436)14,251 4,749 75.00% 101-41900-416 416 Software Licensing 0 10,941 0 10,941 (10,941)N/A Total Supplies & Maintenance 79,200 73,707 (4,036)69,672 9,528 87.97% 101-41900-301 301 Auditing and Acct'g Services 20,000 20,000 0 20,000 0 100.00% 101-41900-310 310 LOGIS-Applications 0 0 0 0 0 N/A 101-41900-311 311 Data Processing Communication 0 (70)70 0 0 N/A 101-41900-319 319 Professional Services 15,000 9,248 1,000 10,248 4,752 68.32% 101-41900-370 370 Insurance Agent of Record 0 0 0 0 0 N/A Total Professional Services 35,000 29,178 1,070 30,248 4,752 86.42% 101-41900-361 361 General Liability Ins 10,000 7,500 0 7,500 2,500 75.00% 101-41900-362 362 Umbrella Liability Ins 5,000 3,750 0 3,750 1,250 75.00% 101-41900-363 363 Bonds Insurance 200 150 0 150 50 75.00% 101-41900-365 365 Boiler & Machinery Ins 1,300 975 0 975 325 75.00% 101-41900-366 366 Property Insurance 5,000 3,750 0 3,750 1,250 75.00% 101-41900-367 367 Equipment Floaters Ins 1,300 975 0 975 325 75.00% 101-41900-368 368 Automotive Insurance 7,400 5,550 0 5,550 1,850 75.00% Total Insurances 30,200 22,650 0 22,650 7,550 75.00% 2015 Line Item Budget Central Services Supplies & Maintenance Professional Services Insurances City of Orono Page 8 Attachment 4 - Expenditure Detail 2015 Budget Y-T-D Sep 30,2015 Adjustments Adjusted Adjusted Y-T-D Sep 30,2015 Balance Percent 101-41900-312 312 Bank Fees 4,000 2,944 0 2,944 1,056 73.59% 101-41900-321 321 Telephone 7,500 6,920 0 6,920 580 92.27% 101-41900-322 322 Postage 11,000 7,648 0 7,648 3,352 69.53% 101-41900-329 329 Internet/Other Communications 4,650 2,716 195 2,911 1,740 62.59% 101-41900-352 352 Printing & Publishing 15,500 11,698 275 11,973 3,527 77.24% 101-41900-381 381 Gas & Electric 29,000 18,295 620 18,915 10,085 65.22% 101-41900-382 382 Water Utilities 2,500 1,658 0 1,658 842 66.32% 101-41900-413 413 Office Equipment Rental 20,000 13,731 0 13,731 6,269 68.65% 101-41900-440 440 Special Equipment Replacement 0 0 0 0 0 N/A 101-41900-489 489 Other Miscellaneous Charges 500 634 0 634 (134)126.70% Total Other Expenses 94,650 66,243 1,090 67,333 27,317 71.14% 101-41900-512 512 Spec Assmts on Land & Int 0 0 0 0 0 N/A 101-41900-750 750 Interest on Special Assmnts 0 0 0 0 0 N/A Total Capital Outlay 0 0 0 0 0 N/A 239,050 191,778 (1,876)189,903 49,147 79.44% Other Expenses Capital Outlay Central Services Total City of Orono 2015 Line Item Budget Central Services cont. Page 9 Attachment 4 - Expenditure Detail 2015 Budget Y-T-D Sep 30,2015 Adjustments Adjusted Adjusted Y-T-D Sep 30,2015 Balance Percent 101-41800-490 490 Contributions to Civic Org's 12,400 11,997 0 11,997 403 96.75% Total Other Expenses 12,400 11,997 0 11,997 403 96.75% 12,400 11,997 0 11,997 403 96.75%Human Services Total Other Expenses City of Orono 2015 Line Item Budget Human Services Page 10 Attachment 4 - Expenditure Detail 2015 Budget Y-T-D Sep 30,2015 Adjustments Adjusted Adjusted Y-T-D Sep 30,2015 Balance Percent 101-42110-101 101 Full-Time Employees Regular 2,255,040 1,698,308 0 1,698,308 556,732 75.31% 101-42110-102 102 Full-Time Employees Overtime 60,000 11,925 0 11,925 48,075 19.87% 101-42110-103 103 Part-Time Employees 43,000 86,729 0 86,729 (43,729)201.69% 101-42110-104 104 Temporary Employees Regular 0 0 0 0 0 N/A 101-42110-121 121 PERA 347,720 264,648 0 264,648 83,072 76.11% 101-42110-122 122 FICA 44,440 33,695 0 33,695 10,745 75.82% 101-42110-135 135 City Benefit Contribution 382,380 231,262 0 231,262 151,118 60.48% 101-42110-142 142 Unemployment Benefit Payments 0 0 0 0 0 N/A 101-42110-151 151 Worker's Comp Insurance Prem 65,270 48,953 0 48,953 16,318 75.00% Total Personal Services 3,197,850 2,375,518 0 2,375,518 822,332 74.28% 101-42110-201 201 Office supplies 17,000 5,577 0 5,577 11,423 32.80% 101-42110-208 208 Books & Periodicals 1,000 0 0 0 1,000 0.00% 101-42110-212 212 Motor Fuels & Lubricants 115,000 44,451 0 44,451 70,550 38.65% 101-42110-221 221 Equipment Parts & Accessories 6,000 4,631 100 4,731 1,269 78.84% 101-42110-223 223 Bldg/Grounds Maint. Supplies 1,300 509 0 509 791 39.17% 101-42110-226 226 Clothing & personal equipment 26,000 21,242 1,000 22,242 3,758 85.54% 101-42110-228 228 Training Supplies 16,000 13,614 0 13,614 2,386 85.09% 101-42110-229 229 Explorers Program expenses 4,000 3,112 0 3,112 888 77.80% 101-42110-240 240 Small Tools and Minor Equip 7,000 1,274 0 1,274 5,726 18.20% 101-42110-401 401 Repairs/Maint-Office Equip 14,500 6,698 (850)5,848 8,652 40.33% 101-42110-402 402 Repairs/Maint-Auto Equip 54,000 26,918 0 26,918 27,082 49.85% 101-42110-403 403 Repairs/Maint-Misc. Equip 8,000 4,132 0 4,132 3,868 51.64% 101-42110-404 404 Repairs/Maint-Bldgs/Grounds 7,500 5,392 0 5,392 2,108 71.89% 101-42110-407 407 Janitorial Services 15,000 10,839 0 10,839 4,161 72.26% 101-42110-416 416 Software Licensing 0 9,987 1,600 11,587 (11,587)N/A Total Supplies & Maintenance 292,300 158,374 1,850 160,224 132,076 54.81% City of Orono 2015 Line Item Budget Police Department Personal Services Supplies & Maintenance Page 11 Attachment 4 - Expenditure Detail 2015 Budget Y-T-D Sep 30,2015 Adjustments Adjusted Adjusted Y-T-D Sep 30,2015 Balance Percent 101-42110-304 304 Engineering-Consulting 0 0 0 0 0 N/A 101-42110-307 307 Legal-Consulting 6,500 2,883 500 3,383 3,117 52.05% 101-42110-310 310 LOGIS-Applications 76,950 42,776 5,347 48,123 28,827 62.54% 101-42110-311 311 Data Processing Communication 5,000 2,838 0 2,838 2,163 56.75% 101-42110-317 317 Animal Care 1,700 0 0 0 1,700 0.00% 101-42110-319 319 Professional Services 12,000 11,951 0 11,951 49 99.59% 101-42110-370 370 Insurance Agent of Record 0 0 0 0 0 N/A Total Professional Services 102,150 60,447 5,847 66,294 35,856 64.90% 101-42110-361 361 General Liability Ins 35,000 26,250 0 26,250 8,750 75.00% 101-42110-362 362 Umbrella Liability Ins 10,000 7,500 0 7,500 2,500 75.00% 101-42110-366 366 Property Insurance 1,000 750 0 750 250 75.00% 101-42110-367 367 Equipment Floaters Ins 0 0 0 0 0 N/A 101-42110-368 368 Automotive Insurance 9,000 6,750 0 6,750 2,250 75.00% 101-42110-379 379 Insurance Deductibles 0 0 0 0 0 N/A Total Insurances 55,000 41,250 0 41,250 13,750 75.00% Professional Services Insurances City of Orono 2015 Line Item Budget Police Department cont. Page 12 Attachment 4 - Expenditure Detail 2015 Budget Y-T-D Sep 30,2015 Adjustments Adjusted Adjusted Y-T-D Sep 30,2015 Balance Percent 101-42110-321 321 Telephone 23,225 14,158 0 14,158 9,067 60.96% 101-42110-322 322 Postage 1,600 86 1,000 1,086 514 67.88% 101-42110-329 329 Internet/Other Communications 6,070 2,450 194 2,644 3,426 43.55% 101-42110-331 331 Travel Expenses 280 28 0 28 253 9.82% 101-42110-340 340 General Advertising 0 0 0 0 0 N/A 101-42110-352 352 Printing & Publishing 1,800 1,623 0 1,623 177 90.19% 101-42110-381 381 Gas & Electric 18,000 20,994 0 20,994 (2,994)116.63% 101-42110-382 382 Water Utilities 1,500 804 400 1,204 296 80.30% 101-42110-413 413 Office Equipment Rental 2,800 2,850 0 2,850 (50)101.78% 101-42110-414 414 EDP/Communications Equip Rent 20,000 17,135 0 17,135 2,865 85.68% 101-42110-433 433 Memberships 3,000 2,575 0 2,575 425 85.83% 101-42110-436 436 Towing Charges 0 304 0 304 (304)N/A 101-42110-437 437 Training & Development 35,000 17,962 0 17,962 17,038 51.32% 101-42110-439 439 Meeting Expenses 2,500 2,000 0 2,000 500 80.01% 101-42110-440 440 Special Equipment Replacement 5,000 3,668 0 3,668 1,333 73.35% 101-42110-441 441 Licenses & Taxes 1,300 1,596 0 1,596 (296)122.77% 101-42110-489 489 Other Miscellaneous Charges 4,000 222 0 222 3,778 5.56% Total Other Expenses 126,075 88,455 1,594 90,048 36,027 71.42% 101-42110-550 550 Automotive Equipment 145,000 127,666 10,500 138,166 6,834 95.29% 101-42110-560 560 Furniture and Fixtures 0 0 0 0 0 N/A 101-42110-570 570 Office Equip and Furnishings 7,300 6,176 0 6,176 1,124 84.60% 101-42110-575 575 IT Hardware & Applications 25,000 8,170 0 8,170 16,830 32.68% 101-42110-580 580 Other Equipment 21,000 9,583 0 9,583 11,417 45.63% Total Capital Outlay 198,300 151,596 10,500 162,096 36,204 81.74% 3,971,675 2,875,639 19,791 2,895,430 1,076,245 72.90% Other Expenses Capital Outlay Police Total City of Orono 2015 Line Item Budget Police Department cont. Page 13 Attachment 4 - Expenditure Detail 2015 Budget Y-T-D Sep 30,2015 Adjustments Adjusted Adjusted Y-T-D Sep 30,2015 Balance Percent 101-42260-318 318 Fire Services 387,000 205,663 89,097 294,759 92,241 76.17% 101-42260-319 319 Professional Services 0 0 0 0 0 N/A Total Professional Services 387,000 205,663 89,097 294,759 92,241 76.17% 387,000 205,663 89,097 294,759 92,241 76.17% 2015 Line Item Budget Fire Protection Services Professional Services Fire Protection Services Total City of Orono Page 14 Attachment 4 - Expenditure Detail 2015 Budget Y-T-D Sep 30,2015 Adjustments Adjusted Adjusted Y-T-D Sep 30,2015 Balance Percent 101-42400-101 101 Full-Time Employees Regular 444,180 334,977 (11,810)323,167 121,013 72.76% 101-42400-102 102 Full-Time Employees Overtime 200 82 0 82 118 40.94% 101-42400-103 103 Part-Time Employees 0 0 0 0 0 N/A 101-42400-104 104 Temporary Employees Regular 0 0 0 0 0 N/A 101-42400-121 121 PERA 33,330 24,263 0 24,263 9,067 72.80% 101-42400-122 122 FICA 34,000 25,494 0 25,494 8,506 74.98% 101-42400-135 135 City Benefit Contribution 71,880 34,143 0 34,143 37,737 47.50% 101-42400-142 142 Unemployment Benefit Payments 0 0 0 0 0 N/A 101-42400-151 151 Worker's Comp Insurance Prem 2,510 1,883 0 1,883 628 75.00% Total Personal Services 586,100 420,841 (11,810)409,031 177,069 69.79% 101-42400-208 208 Books & Periodicals 0 262 0 262 (262)N/A 101-42400-212 212 Motor Fuels & Lubricants 1,500 982 400 1,382 118 92.16% 101-42400-221 221 Equipment Parts & Accessories 0 0 0 0 0 N/A 101-42400-226 226 Clothing & personal equipment 0 0 0 0 0 N/A 101-42400-240 240 Small Tools and Minor Equip 0 0 0 0 0 N/A 101-42400-402 402 Repairs/Maint-Auto Equip 1,000 0 0 0 1,000 0.00% 101-42400-403 403 Repairs/Maint-Misc. Equip 0 0 0 0 0 N/A Total Supplies & Maintenance 2,500 1,244 400 1,644 856 65.78% 101-42400-304 304 Engineering-Consulting 2,500 104 0 104 2,396 4.16% 101-42400-307 307 Legal-Consulting 16,000 16,058 1,500 17,558 (1,558)109.74% 101-42400-310 310 Inspection Services 72,000 62,461 8,000 70,461 1,540 97.86% 101-42400-319 319 Professional Services 3,000 2,465 500 2,965 35 98.83% Total Professional Services 93,500 81,088 10,000 91,088 2,413 97.42% City of Orono 2015 Line Item Budget Building & Zoning Personal Services Supplies & Maintenance Professional Services Page 15 Attachment 4 - Expenditure Detail 2015 Budget Y-T-D Sep 30,2015 Adjustments Adjusted Adjusted Y-T-D Sep 30,2015 Balance Percent 101-42400-331 331 Travel Expenses 1,500 402 0 402 1,098 26.81% 101-42400-340 340 General Advertising 0 0 0 0 0 N/A 101-42400-415 415 Other Equipment Rentals 0 0 0 0 0 N/A 101-42400-433 433 Memberships 500 1,330 0 1,330 (830)266.00% 101-42400-437 437 Training & Development 2,000 1,260 0 1,260 740 63.02% 101-42400-439 439 Meeting Expenses 250 881 0 881 (631)352.56% 101-42400-441 441 Licenses & Taxes 150 0 0 0 150 0.00% Total Other Expenses 4,400 3,874 0 3,874 526 88.04% 686,500 507,046 (1,410)505,636 180,864 73.65%Building & Zoning Total Other Expenses 2015 Line Item Budget Building & Zoning cont. City of Orono Page 16 Attachment 4 - Expenditure Detail 2015 Budget Y-T-D Sep 30,2015 Adjustments Adjusted Adjusted Y-T-D Sep 30,2015 Balance Percent 101-43170-303 303 Engineering-Retainer 0 0 0 0 0 N/A 101-43170-304 304 Engineering-Consulting 25,000 10,563 2,500 13,063 11,937 52.25% Total Professional Services 25,000 10,563 2,500 13,063 11,937 52.25% 25,000 10,563 2,500 13,063 11,937 52.25% City of Orono 2015 Line Item Budget Engineering Professional Services Engineering Total Page 17 Attachment 4 - Expenditure Detail 2015 Budget Y-T-D Sep 30,2015 Adjustments Adjusted Adjusted Y-T-D Sep 30,2015 Balance Percent 101-43000-101 101 Full-Time Employees Regular 207,220 161,925 (6,400)155,525 51,695 75.05% 101-43000-102 102 Full-Time Employees Overtime 11,000 5,048 0 5,048 5,952 45.89% 101-43000-121 121 PERA 16,370 11,624 (600)11,024 5,346 67.34% 101-43000-122 122 FICA 16,690 11,637 (400)11,237 5,453 67.33% 101-43000-135 135 City Benefit Contribution 39,300 19,797 0 19,797 19,503 50.38% 101-43000-142 142 Unemployment Benefit Payments 0 0 0 0 0 N/A 101-43000-151 151 Worker's Comp Insurance Prem 13,730 10,298 0 10,298 3,433 75.00% Total Personal Services 304,310 220,328 (7,400)212,928 91,382 69.97% 101-43000-208 208 Books & Periodicals 0 169 0 169 (169)N/A 101-43000-212 212 Motor Fuels & Lubricants 45,600 10,374 500 10,874 34,726 23.85% 101-43000-221 221 Equipment Parts & Accessories 16,000 6,078 0 6,078 9,922 37.99% 101-43000-222 222 Vehicle Equipment & Parts 8,000 3,158 0 3,158 4,842 39.47% 101-43000-224 224 Street Maint. Materials/Supply 65,800 33,040 0 33,040 32,760 50.21% 101-43000-226 226 Clothing & personal equipment 3,500 2,144 0 2,144 1,356 61.27% 101-43000-240 240 Small Tools and Minor Equip 850 1,282 0 1,282 (432)150.77% 101-43000-402 402 Repairs/Maint-Auto Equip 5,000 6,872 0 6,872 (1,872)137.44% 101-43000-403 403 Repairs/Maint-Misc. Equip 5,000 5,230 0 5,230 (230)104.61% 101-43000-404 404 Repairs/Maint-Bldgs/Grounds 0 1,268 0 1,268 (1,268)N/A 101-43000-408 408 Contracted Street Maint.69,700 55,099 2,500 57,599 12,101 82.64% Total Supplies & Maintenance 219,450 124,715 3,000 127,715 91,735 58.20% 101-43000-304 304 PW Engineering-Consulting 0 0 0 0 0 N/A 101-43000-319 319 Professional Services 0 0 0 0 0 N/A Total Professional Services 0 0 0 0 0 N/A Personal Services City of Orono 2015 Line Item Budget Public Works Department Supplies & Maintenance Professional Services Page 18 Attachment 4 - Expenditure Detail 2015 Budget Y-T-D Sep 30,2015 Adjustments Adjusted Adjusted Y-T-D Sep 30,2015 Balance Percent 101-43000-331 331 Travel Expenses 0 99 0 99 (99)N/A 101-43000-381 381 Gas & Electric 4,880 2,285 100 2,385 2,495 48.88% 101-43000-386 386 Street Lighting 21,690 17,998 0 17,998 3,692 82.98% 101-43000-415 415 Other Equipment Rentals 960 199 0 199 761 20.76% 101-43000-433 433 Memberships 430 284 0 284 146 65.99% 101-43000-437 437 Training & Development 2,500 2,793 0 2,793 (293)111.72% 101-43000-441 441 Licenses & Taxes 220 50 0 50 170 22.73% 101-43000-489 489 Other Miscellaneous Charges 0 524 (515)9 (9)N/A Total Other Expenses 30,680 24,232 (415)23,817 6,863 77.63% 554,440 369,275 (4,815)364,460 189,980 65.73% City of Orono 2015 Line Item Budget Public Works Department cont. Other Expenses Public Works Total Page 19 Attachment 4 - Expenditure Detail 2015 Budget Y-T-D Sep 30,2015 Adjustments Adjusted Adjusted Y-T-D Sep 30,2015 Balance Percent 101-45200-101 101 Full-Time Employees Regular 18,600 14,596 0 14,596 4,004 78.48% 101-45200-102 102 Full-Time Employees Overtime 0 0 0 0 0 N/A 101-45200-103 103 Part-Time Employees 0 7,668 0 7,668 (7,668)N/A 101-45200-104 104 Temporary Employees Regular 10,000 0 0 0 10,000 0.00% 101-45200-121 121 PERA 1,390 1,070 0 1,070 320 76.98% 101-45200-122 122 FICA 1,420 1,218 0 1,218 202 85.80% 101-45200-135 135 City Benefit Contribution 3,900 1,631 0 1,631 2,269 41.82% 101-45200-151 151 Worker's Comp Insurance Prem 740 555 0 555 185 75.00% Total Personal Services 36,050 26,738 0 26,738 9,312 74.17% 101-45200-212 212 Motor Fuels & Lubricants 0 0 0 0 0 N/A 101-45200-221 221 Equipment Parts & Accessories 500 1,629 50 1,679 (1,179)335.82% 101-45200-223 223 Bldg/Grounds Maint. Supplies 1,500 2,807 562 3,369 (1,869)224.61% 101-45200-225 225 Misc Park Supplies 10,000 5,882 0 5,882 4,118 58.82% 101-45200-403 403 Repairs/Maint-Misc. Equip 0 0 0 0 0 N/A 101-45200-404 404 Repairs/Maint-Bldgs/Grounds 42,000 37,607 0 37,607 4,393 89.54% Total Supplies & Maintenance 54,000 47,925 612 48,537 5,463 89.88% 101-45200-319 319 Professional Services 11,000 2,320 0 2,320 8,680 21.09% Total Professional Services 11,000 2,320 0 2,320 8,680 78.91% Personal Services Supplies & Maintenance Professional Services City of Orono 2015 Line Item Budget Parks Page 20 Attachment 4 - Expenditure Detail 2015 Budget Y-T-D Sep 30,2015 Adjustments Adjusted Adjusted Y-T-D Sep 30,2015 Balance Percent 101-45200-331 331 Travel Expenses 0 0 0 0 0 N/A 101-45200-381 381 Gas & Electric 550 315 0 315 235 57.31% 101-45200-415 415 Other Equipment Rentals 3,200 3,681 0 3,681 (481)115.04% 101-45200-439 439 Meeting Expenses 0 0 0 0 0 N/A 101-45200-441 441 Licenses & Taxes 300 290 0 290 10 96.67% 101-45200-489 489 Other Miscellaneous Charges 0 0 0 0 0 N/A 101-45200-490 490 Contributions to Civic Org's 0 0 0 0 0 N/A Total Other Expenses 4,050 4,286 0 4,286 (236)105.84% 105,100 81,270 612 81,882 23,218 77.91% City of Orono 2015 Line Item Budget Other Expenses Parks Total Parks cont. Page 21 Attachment 4 - Expenditure Detail 2015 Budget Y-T-D Sep 30,2015 Adjustments Adjusted Adjusted Y-T-D Sep 30,2015 Balance Percent 101-45210-101 101 Full-Time Employees Regular 32,910 24,618 0 24,618 8,292 74.80% 101-45210-103 103 Part-Time Employees 35,660 38,898 0 38,898 (3,238)109.08% 101-45210-104 104 Temporary Employees Regular 0 750 0 750 (750)N/A 101-45210-121 121 PERA 3,640 0 0 0 3,640 0.00% 101-45210-122 122 FICA 4,000 2,458 0 2,458 1,542 61.46% 101-45210-135 135 City Benefit Contribution 0 0 0 0 0 N/A 101-45210-142 142 Unemployment Benefit Payments 0 0 0 0 0 N/A 101-45210-143 143 OPEB Expense 0 0 0 0 0 N/A 101-45210-151 151 Worker's Comp Insurance Prem 1,330 998 0 998 333 75.00% Total Personal Services 77,540 67,722 0 67,722 9,818 87.34% 101-45210-201 201 Office supplies 300 416 0 416 (116)138.70% 101-45210-212 212 Motor Fuels & Lubricants 3,500 2,129 0 2,129 1,371 60.83% 101-45210-221 221 Equipment Parts & Accessories 1,500 612 0 612 888 40.77% 101-45210-223 223 Bldg/Grounds Maint. Supplies 3,500 5,496 0 5,496 (1,996)157.03% 101-45210-226 226 Clothing & personal equipment 125 0 0 0 125 0.00% 101-45210-240 240 Small Tools and Minor Equip 100 195 0 195 (95)195.00% 101-45210-401 401 Repairs/Maint-Office Equip 0 53 0 53 (53)N/A 101-45210-402 402 Repairs/Maint-Auto Equip 400 0 0 0 400 0.00% 101-45210-403 403 Repairs/Maint-Misc. Equip 2,500 2,131 0 2,131 369 85.24% 101-45210-404 404 Repairs/Maint-Bldgs/Grounds 15,000 13,679 0 13,679 1,321 91.19% Total Supplies & Maintenance 26,925 24,710 0 24,710 2,215 91.77% City of Orono 2015 Line Item Budget Golf Course Personal Services Supplies & Maintenance Page 22 Attachment 4 - Expenditure Detail 2015 Budget Y-T-D Sep 30,2015 Adjustments Adjusted Adjusted Y-T-D Sep 30,2015 Balance Percent 101-45210-361 361 General Liability Ins 7,500 5,625 0 5,625 1,875 75.00% 101-45210-362 362 Umbrella Liability Ins 1,500 1,125 0 1,125 375 75.00% 101-45210-365 365 Boiler & Machinery Ins 300 225 0 225 75 75.00% 101-45210-366 366 Property Insurance 2,300 1,725 0 1,725 575 75.00% 101-45210-367 367 Equipment Floaters Ins 300 225 0 225 75 75.00% 101-45210-368 368 Automotive Insurance 370 278 0 278 93 75.00% 101-45210-369 369 Dram Shop Insurance 560 983 (423)560 0 100.00% Total Insurances 12,830 10,186 (423)9,763 3,068 76.09% 101-45210-312 312 Bank Fees 1,000 3,454 0 3,454 (2,454)345.35% 101-45210-319 319 Professional Services 0 500 0 500 (500)N/A 101-45210-321 321 Telephone 2,000 2,260 0 2,260 (260)112.98% 101-45210-331 331 Travel Expenses 0 0 0 0 0 N/A 101-45210-340 340 General Advertising 1,000 1,519 0 1,519 (519)151.90% 101-45210-352 352 Printing & Publishing 0 0 0 0 0 N/A 101-45210-381 381 Gas & Electric 8,300 6,783 0 6,783 1,517 81.72% 101-45210-415 415 Other Equipment Rentals 9,500 8,211 0 8,211 1,289 86.43% 101-45210-433 433 Memberships 250 150 0 150 100 60.00% 101-45210-437 437 Training & Development 150 0 0 0 150 0.00% 101-45210-440 440 Special Equipment Replacement 0 0 0 0 0 N/A 101-45210-441 441 Licenses & Taxes 500 290 0 290 210 58.00% 101-45210-489 489 Other Miscellaneous Charges 0 0 0 0 0 N/A Total Other Expenses 22,700 23,165 0 23,165 (465)102.05% City of Orono 2015 Line Item Budget Golf Course cont. Insurances Other Expenses Page 23 Attachment 4 - Expenditure Detail 2015 Budget Y-T-D Sep 30,2015 Adjustments Adjusted Adjusted Y-T-D Sep 30,2015 Balance Percent 101-45210-090 090 PURCHASES FOR RESALE 0 0 0 0 0 N/A 101-45210-091 091 Beer For Resale 2,000 4,499 0 4,499 (2,499)224.97% 101-45210-092 092 Soft Drinks For Resale 3,000 3,355 0 3,355 (355)111.82% 101-45210-093 093 Concessions For Resale-Txbl 1,500 0 0 0 1,500 0.00% 101-45210-094 094 Concessions For Resale-NonTax 0 2,821 0 2,821 (2,821)N/A 101-45210-095 095 Pro Shop Items For Resale 1,500 891 0 891 609 59.40% 101-45210-099 099 Other For Resale 0 0 0 0 0 N/A Total Purchases for Resale 8,000 11,565 0 11,565 (3,565)144.57% 147,995 137,348 (423)136,925 11,070 92.52% Purchases for Resale Golf Course Total Golf Course cont. City of Orono 2015 Line Item Budget Page 24 Attachment 4 - Expenditure Detail 2015 Budget Y-T-D Sep 30,2015 Adjustments Adjusted Adjusted Y-T-D Sep 30,2015 Balance Percent 101-43280-102 102 Full-Time Employees Overtime 30,000 26,512 0 26,512 3,488 88.37% 101-43280-121 121 PERA 4,500 3,695 0 3,695 805 82.12% 101-43280-122 122 FICA 430 340 0 340 90 79.03% 101-43280-135 135 City Benefit Contribution 0 4 0 4 (4)N/A Total Personal Services 34,930 30,552 0 30,552 4,378 87.47% 101-43280-304 304 Engineering-Consulting 25,000 24,576 3,000 27,576 (2,576)110.30% 101-43280-307 307 Legal-Consulting 10,000 12,210 1,500 13,710 (3,710)137.10% 101-43280-319 319 Professional Services 0 0 0 0 0 N/A 101-43280-800 800 Special Projects, Contingency 0 0 0 0 0 N/A Total Professional Services 35,000 36,785 4,500 41,285 (6,285)117.96% 69,930 67,337 4,500 71,837 (1,907)102.73% City of Orono 2015 Line Item Budget Special Services -Consulting & Police Personal Services Professional Services Special Services-Consulting & Police Total Page 25 Attachment 4 - Expenditure Detail 2015 Budget Y-T-D Sep 30,2015 Adjustments Adjusted Adjusted Y-T-D Sep 30,2015 Balance Percent 101-43290-101 101 Full-Time Employees Regular 0 0 0 0 0 N/A Total Personal Services 0 0 0 0 0 N/A 101-43290-304 304 Engineering-Consulting 0 0 0 0 0 N/A 101-43290-319 319 Professional Services 0 0 0 0 0 N/A Total Professional Services 0 0 0 0 0 N/A 101-43290-489 489 Other Miscellaneous Charges 0 0 0 0 0 N/A Total Other Expenses 0 0 0 0 0 N/A 101-43290-510 510 Land 0 0 0 0 0 N/A 101-43290-720 720 Operating Transfers 390,000 0 292,500 292,500 97,500 75.00% Total Capital & Transfers 390,000 0 292,500 292,500 97,500 75.00% 101-43290-800 800 Special Projects, Contingency 40,000 19,243 0 19,243 20,757 48.11% Total Contingency Items 40,000 19,243 0 19,243 20,757 48.11% 430,000 19,243 292,500 311,743 118,257 72.50% 7,579,870 5,096,193 465,372 5,561,566 2,014,601 73.37% City of Orono 2015 Line Item Budget Contingency Items Special Projects-Contingencies Total GENERAL FUND TOTAL Special Projects-Contingencies Personal Services Professional Services Other Expenses Capital & Transfers Page 26 September Investments Securities MM Dain Rauscher 4,876,500.00 512,306.28 29.98% Smith Barney 4,034,000.00 258,760.51 23.88% UBS 799,850.15 24,339.23 4.58% WF Advisors 5,378,687.50 175,037.52 30.90% 15,089,037.65 970,443.54 4M - Operating - 1,045,265.20 4M - 2010 Bond - - 4M - 2014 Bond - 871,299.49 - 1,916,564.69 10.66% Total 17,976,045.88 100.00% Worlds Foremost Sydney CD Dain Rauscher 11/20/2013 11/20/2015 0.75%$200,000.00 $200,000.00 $200,150.00 $150.00 Sauk Valley Bank CD Dain Rauscher 12/14/2011 12/14/2015 0.90%$249,000.00 $249,000.00 $249,321.21 $321.21 Enerbank CD Dain Rauscher 12/15/2011 12/15/2015 1.10%$249,000.00 $249,000.00 $249,423.30 $423.30 Cathay Bank - LA CD Dain Rauscher 2/27/2015 2/26/2016 0.40%$249,000.00 $249,000.00 $249,000.00 $0.00 Flushing Svgs Bk NY CD Dain Rauscher 7/27/2012 7/27/2016 1.00%$249,000.00 $249,000.00 $250,018.41 $1,018.41 Comenity Cap Bak Utah CD Dain Rauscher 9/2/2014 9/2/2016 0.80%$249,000.00 $249,000.00 $249,552.78 $552.78 BMW Bk North Amer UT CD Dain Rauscher 10/26/2012 10/26/2016 1.30%$98,000.00 $98,000.00 $98,676.20 $676.20 Great Southern Bank CD Dain Rauscher 1/15/2015 5/15/2017 1.00%$249,000.00 $249,000.00 $249,779.37 $779.37 Essa Bk Stoudsburg PA CD Dain Rauscher 6/28/2012 6/28/2017 1.10%$248,000.00 $248,000.00 $248,220.72 $220.72 1st Bk Lubbock Tx CD Dain Rauscher 6/28/2012 6/28/2017 1.00%$249,000.00 $249,000.00 $248,803.29 ($196.71) State Bk Pinhurst GA CD Dain Rauscher 7/2/2012 7/3/2017 1.05%$249,000.00 $249,000.00 $248,980.08 ($19.92) State BK India NY CD Dain Rauscher 9/11/2014 9/11/2017 1.40%$248,000.00 $248,000.00 $248,143.84 $143.84 Goldman Sachs NY CD Dain Rauscher 10/24/2012 10/24/2017 1.50%$98,000.00 $98,000.00 $98,527.24 $527.24 Third Fed Svgs & Loan CD Dain Rauscher 3/21/2014 12/21/2017 1.10%$248,000.00 $248,000.00 $248,741.52 $741.52 Western St Bk Devils Lake NDCD Dain Rauscher 7/11/2012 1/11/2018 1.35%$249,000.00 $249,000.00 $249,027.39 $27.39 JP Morgan Chase Bank CD Dain Rauscher 2/26/2015 2/26/2018 1.25%$248,000.00 $248,000.00 $248,305.04 $305.04 Cmmty 1st Bk Roseville CA CD Dain Rauscher 10/30/2012 10/30/2018 1.15%$249,000.00 $249,000.00 $244,662.42 ($4,337.58) FHLB - Step GB Dain Rauscher 6/25/2015 6/25/2020 1.25%$498,750.00 $500,000.00 $499,735.00 $985.00 FHLB - Step GB Dain Rauscher 6/25/2015 6/24/2021 1.00%$499,750.00 $500,000.00 $500,565.00 $815.00 Money Market MM Dain Rauscher $512,306.28 $512,306.28 $512,306.28 $0.00 $5,388,806.28 $5,390,306.28 $5,391,939.09 $3,132.81 Par Value Value September 30 Market Value Over (Under) City of Orono GASB 31 - As of 9/30/15 Invest Name Type Broker Purchase Date Maturity Date Rate Cost Par Value Value September 30 Market Value Over (Under) City of Orono GASB 31 - As of 9/30/15 Invest Name Type Broker Purchase Date Maturity Date Rate Cost 1st Niagra Bank CD Smith Barney 3/20/2015 3/27/2017 0.80%$249,000.00 $249,000.00 $249,169.32 $169.32 Ally Bank UT CD Smith Barney 5/7/2014 5/9/2016 1.35%$150,000.00 $150,000.00 $150,153.00 $153.00 Amex Centurion Salt Lake CD Smith Barney 6/10/2015 6/18/2018 1.55%$120,000.00 $120,000.00 $118,998.00 ($1,002.00) Amex Centurion Salt Lake CD Smith Barney 2/20/2013 2/29/2016 0.75%$97,000.00 $97,000.00 $97,163.93 $163.93 American Express - SLC CD Smith Barney 7/9/2015 7/16/2018 1.70%$245,000.00 $245,000.00 $244,294.40 ($705.60) Banco Popular CD Smith Barney 3/31/2015 4/8/2016 0.50%$248,000.00 $248,000.00 $248,295.12 $295.12 Bank Baroda CD Smith Barney 3/11/2015 4/8/2016 0.50%$248,000.00 $248,000.00 $248,176.08 $176.08 Bank Hapoalim CD Smith Barney 3/6/2015 3/18/2016 0.45%$248,000.00 $248,000.00 $248,121.52 $121.52 BMW Bank, UT CD Smith Barney 2/27/2014 2/14/2017 0.50%$150,000.00 $150,000.00 $150,576.00 $576.00 Capital One Bank - GA CD Smith Barney 6/10/2015 6/18/2018 1.50%$145,000.00 $145,000.00 $143,787.80 ($1,212.20) Cit Bank Salt Lake CD Smith Barney 6/27/2012 12/27/2016 1.35%$150,000.00 $150,000.00 $151,713.00 $1,713.00 Compass Bank CD Smith Barney 6/10/2015 6/18/2018 1.40%$248,000.00 $248,000.00 $245,924.24 ($2,075.76) Cit Salt Lake CD Smith Barney 8/22/2013 8/28/2017 1.45%$99,000.00 $99,000.00 $99,859.32 $859.32 Discover Bank, Greenwood CD Smith Barney 2/27/2014 3/6/2017 1.00%$150,000.00 $150,000.00 $150,529.50 $529.50 Discover Bk Greenwood CD Smith Barney 2/20/2013 2/29/2016 0.75%$97,000.00 $97,000.00 $97,163.93 $163.93 Everbank Jacksonville CD Smith Barney 3/31/2015 4/13/2017 0.80%$249,000.00 $249,000.00 $249,107.07 $107.07 Oriental Bank - PR CD Smith Barney 7/15/2015 7/17/2017 1.20%$248,000.00 $248,000.00 $247,615.60 ($384.40) GE Cap Salt Lake CD Smith Barney 8/22/2013 3/1/2016 0.90%$248,000.00 $248,000.00 $248,575.36 $575.36 Goldman Sachs Ny NY CD Smith Barney 2/20/2013 2/29/2016 0.75%$150,000.00 $150,000.00 $150,253.50 $253.50 Wells Fargo Sioux Falls CD Smith Barney 2/20/2013 2/28/2018 0.95%$247,000.00 $247,000.00 $247,528.58 $528.58 Bank North - NC CD Smith Barney 7/10/2015 4/24/2018 1.25%$248,000.00 $248,000.00 $246,556.64 ($1,443.36) Money Market MM Smith Barney $258,760.51 $258,760.51 $258,760.51 $0.00 $4,292,760.51 $4,292,760.51 $4,292,322.42 ($438.09) Par Value Value September 30 Market Value Over (Under) City of Orono GASB 31 - As of 9/30/15 Invest Name Type Broker Purchase Date Maturity Date Rate Cost FNMA Step GB Wells Fargo 12/17/2012 6/17/2020 1.13%$1,000,000.00 $1,000,000.00 $997,870.00 ($2,130.00) FHLM Medium GB Wells Fargo 7/30/2015 7/30/2020 2.00%$600,000.00 $600,000.00 $599,976.00 ($24.00) FHLB - Step GB Wells Fargo 12/28/2012 12/28/2020 1.00%$624,687.50 $625,000.00 $620,806.25 ($3,881.25) FHLB - Step GB Wells Fargo 2/25/2015 2/25/2021 1.00%$750,000.00 $750,000.00 $750,225.00 $225.00 FHLB - Step GB Wells Fargo 2/11/2015 2/11/2021 2.00%$500,000.00 $500,000.00 $500,115.00 $115.00 FHLM Medium GB Wells Fargo 9/22/2015 4/29/2021 2.00%$255,000.00 $255,000.00 $255,104.55 $104.55 First Bank Highland Park CD Wells Fargo 7/30/2014 7/30/2019 2.00%$245,000.00 $245,000.00 $244,051.85 ($948.15) Sallie Mae Bank CD Wells Fargo 8/13/2014 8/13/2019 2.10%$247,000.00 $247,000.00 $248,896.96 $1,896.96 American Express Bank CD Wells Fargo 8/14/2014 8/14/2019 2.05%$247,000.00 $247,000.00 $248,494.35 $1,494.35 Capital One Bank USA - VA CD Wells Fargo 10/16/2014 10/16/2019 2.15%$100,000.00 $100,000.00 $100,828.00 $828.00 1st Financial - SD CD Wells Fargo 11/7/2014 11/7/2019 2.15%$95,000.00 $95,000.00 $95,036.10 $36.10 Barclays Bank - DE CD Wells Fargo 12/17/2014 12/17/2019 2.05%$245,000.00 $245,000.00 $246,014.30 $1,014.30 Lakeside Bank - IL CD Wells Fargo 8/28/2015 8/28/2020 2.00%$225,000.00 $225,000.00 $226,496.25 $1,496.25 First American Bank CD Wells Fargo 10/16/2015 11/16/2015 2.00%$245,000.00 $245,000.00 $245,000.00 $0.00 Money Market MM Wells Fargo $175,037.52 $175,037.52 $175,037.52 $0.00 $5,553,725.02 $5,554,037.52 $5,553,952.13 $227.11 Mn St Colleges GB UBS 6/27/2012 10/1/2017 1.35%$554,850.15 $555,000.00 $557,297.70 $2,447.55 Capital One Bank NA CD UBS 7/8/2015 7/16/2018 1.60%$245,000.00 $245,000.00 $244,294.40 ($705.60) Money Market MM UBS $24,339.23 $24,339.23 $24,339.23 $0.00 $824,189.38 $824,339.23 $825,931.33 $1,741.95 Money Market MM 4M Fund $1,916,564.69 $1,916,564.69 $1,916,564.69 $0.00 $1,916,564.69 $1,916,564.69 $1,916,564.69 $0.00 Total $17,976,045.88 $17,978,008.23 $17,980,709.66 $4,663.78 American Express - SLC CD Smith Barney 7/9/2015 7/16/2018 1.70%$245,000.00 $245,000.00 Oriental Bank - PR CD Smith Barney 7/15/2015 7/17/2017 1.20%$248,000.00 $248,000.00 Bank North - NC CD Smith Barney 7/10/2015 4/24/2018 1.25%$248,000.00 $248,000.00 FHLM Medium GB Wells Fargo 7/30/2015 7/30/2020 2.00%$600,000.00 $600,000.00 Lakeside Bank - IL CD Wells Fargo 8/28/2015 8/28/2020 2.00%$225,000.00 $225,000.00 First American Bank CD Wells Fargo 10/16/2015 11/16/2015 2.00%$245,000.00 $245,000.00 Capital One Bank NA CD UBS 7/8/2015 7/16/2018 1.60%$245,000.00 $245,000.00 Everbank Jacksonville CD Smith Barney 3/31/2015 4/13/2017 0.80%$249,000.00 $249,000.00 Par Value New Investments - 3rd Qtr 2015 Invest Name Type Broker Purchase Date Maturity Date Rate Cost REQUEST FOR COUNCIL ACTION DATE: October 26, 2015 ITEM NO: 20 ______________________________________________________________________________ Department Approval: Administrator Reviewed: Agenda Section: Name Ron Olson RJO RJO City Administrator’s Report Title Finance Director _____________________________________________________________________________ Item Description: Non-Waiver of Tort Limits _____________________________________________________________________________ Attachments: 1.Non-Waiver Form 2. Resolution 3. LMCIT Memo _____________________________________________________________________________ Minnesota Statutes 466.04 limits a city’s tort liability to a maximum of $500,000 per claimant and $1,500,000 per occurrence. Because cities have the right to waive the liability limit, our insurance carrier, the League of Minnesota Cities Insurance Trust (LMCIT), requires that the City Council adopt a resolution stipulating whether the City will or will not waive the statutory limits under the laws. Because waiver of the statutory limits increases the amount that the LMCIT could potentially be responsible for, waiver of the limit will increase the city’s general liability insurance premium by approximately 3% ($1,500). The City also carries excess liability coverage in the amount of $2,000,000. A wavier of tort limits would increase this premium by 25% ($5,200). Staff’s recommendation is to not waive the statutory limits set by state statute. Additional information on liability coverage and limits can be found in attached memo (attachment 3) from the LMCIT. COUNCIL ACTION REQUESTED: Consider a motion to adopt a resolution making a selection not to waive the statutory tort limits for liability purposes. A RESOLUTION MAKING A SELECTION NOT TO WAIVE THE STATUTORY TORT LIMITS FOR LIABILITY INSURANCE PURPOSES WHEREAS, pursuant to previous action taken, the League of Minnesota Cities Insurance Trust has asked the City to make an election with regards to waiving or not waiving its tort liability established by Minnesota Statutes 466.04 ; and WHEREAS, the choices available are as follows: to not waive the statutory tort limit, to waive the limit but to keep insurance coverage at the statutory limit, and to waive the limit and to add insurance to a new level. NOW, THEREFORE, BE IT RESOLVED that the Orono City Council does hereby elect not to waive the statutory tort liability limit established by Minnesota Statutes 466.04. Adopted by the City Council of the City of Orono, Minnesota, at a regular meeting held October 26, 2015. ATTEST: ________________________________ ________________________________ Diane Tiegs, City Clerk Lili Tod McMillan, Mayor ORONO POLICE DEPARTMENT REQUEST FOR COUNCIL ACTION Date: October 26, 2015 Item No: 21 ______________________________________________________________________________ Department Approval: Administrator Reviewed: Agenda Section: Name: Correy Farniok RJO City Administrator Title: Police Chief ______________________________________________________________________________ Item Description: University of Minnesota – MN Resuscitation Consortium Grant ______________________________________________________________________________ DISCUSSION: In June the Orono Police Department submitted a grant to the MN Resuscitation Consortium. The MN Resuscitation Consortium connects bystander, prehospital and hospital initiatives to improve survival from sudden cardiac arrest (SCA). The MN Resuscitation Consortium is a member of the Heart Rescue Project. The HeartRescue Project is a collaborative effort supported by the Medtronic Foundation to increase sudden cardiac arrest survival rates in the United States. The vision is for every American who suffers from a sudden cardiac arrest (SCA) to receive lifesaving, state-of-the-art care at the scene, enroute and in the hospital. Grants need to focus on safety equipment or safety related projects. Funds were requested to assist with training supplies and materials for the Lake Area Heart Safe Initiative. The Orono Police Department is a key partner in the effort to train residents, business owners, youth sports groups, churches, and community leaders in the effective use of CPR and automated external defibrillators (AEDs). The funding request was for $2000.00. On October 20, 2015 the Orono Police Department was informed that a grant in the amount of $2000.00 had been awarded to the City of Orono to assist with training supplies and materials to be used toward the Lake Area Heart Safe Initiative. COUNCIL ACTION REQUESTED: Motion to accept the $2000 grant from the University of MN – Resuscitation Consortium. REQUEST FOR COUNCIL ACTION Date: Oct 26, 2015 Item No. 22 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 103899 to 103976, totaling $165,529.87. Noteworthy payments include: Allied Blacktop Company $ 4,353.00 This work was to smooth out the bump over the culvert near the Fire Station. The Broadway Group $ 59,175.00 The Developer for the Oliver Hill development paid an escrow deposit in lieu a letter of credit. This decreases the amount held for completion of the project. Select Account $ 1,269.73 Employees are eligible to participate in a flexible spending plan. The plan allows employees to set aside a portion of their wages tax free to be used to reimburse certain medical or child care expenses. 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: 10/13/2015 - 10/26/2015 Oct 22, 2015 08:27AM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount ACCURINT 10/26/2015 103899 1297291-201 101-42110-311 Sept contract fee Police Department 121.00 Total 103899:121.00 Advanced Imaging Solutions 10/26/2015 103900 84404 101-42110-401 copier lease 10/10 to 11/09 Police Department 108.47 Advanced Imaging Solutions 10/26/2015 103900 84404 101-41900-401 copier lease 10/10 to 11/09 Central Services 86.78 Advanced Imaging Solutions 10/26/2015 103900 84404 602-49450-401 copier lease 10/10 to 11/09 Sewer 21.69 Total 103900:216.94 Advanced Imaging Solutions 10/26/2015 103901 84655 101-42110-413 toner shipping Police Department 10.49 Advanced Imaging Solutions 10/26/2015 103901 84743 101-41900-413 toner shipping Central Services 17.99 Total 103901:28.48 ADVANCED IMAGING SOLUTIO 10/26/2015 103902 288523145 101-42110-413 pd copier lease 9/20 to 10/20 Police Department 331.00 Total 103902:331.00 ALLIANCE BENEFIT GROUP-WI 10/26/2015 103903 30555 101-41900-319 Cobra Admin fee Central Services 45.00 Total 103903:45.00 ALLIED BLACKTOP COMPANY 10/26/2015 103904 21337 101-43000-408 Willow Dr overlay Public Works Department 4,353.00 Total 103904:4,353.00 BARNUM GATE SERVICES INC 10/26/2015 103905 16951 101-42110-404 gate repair Police Department 356.88 Total 103905:356.88 BELSON OUTDOORS INC 10/26/2015 103906 132403 101-45200-225 bench Parks 691.00 Total 103906:691.00 BIFFS INC 10/26/2015 103907 W578028 101-45200-415 Bederwood park Parks 160.00 BIFFS INC 10/26/2015 103907 W578029 101-45200-415 Summit beach Parks 160.00 BIFFS INC 10/26/2015 103907 W578030 101-45200-415 Hackberry Beach Parks 125.00 BIFFS INC 10/26/2015 103907 W578031 101-45210-415 Golf Course Golf Course 62.79 BIFFS INC 10/26/2015 103907 W578032 101-45200-415 Crystal Bay Playground Parks 62.50 City of Orono Check Register - COUNCIL REPORT Page: 2 Check Issue Dates: 10/13/2015 - 10/26/2015 Oct 22, 2015 08:27AM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount BIFFS INC 10/26/2015 103907 W578033 101-45200-415 Navarre Playground Parks 160.00 BIFFS INC 10/26/2015 103907 W578034 101-45200-415 French Creek Park Preserve Parks 62.50 Total 103907:792.79 BORISOV, TORFIM 10/26/2015 103908 101515 999-10015 UB refund 265.14 Total 103908:265.14 BUDGET PRINTING 10/26/2015 103909 9000 101-42110-221 UPS shipping Police Department 13.08 BUDGET PRINTING 10/26/2015 103909 9058 101-42110-322 shipping Police Department 15.07 BUDGET PRINTING 10/26/2015 103909 9063 101-42110-201 nameplate Police Department 8.96 BUDGET PRINTING 10/26/2015 103909 9072 101-42110-322 shipping Police Department 13.25 Total 103909:50.36 CALIBRE PRESS 10/26/2015 103910 32745 101-42110-437 training M. Siltala, T. Wittke Police Department 278.00 Total 103910:278.00 CAREERTRACK 10/26/2015 103911 18602036 101-42110-437 training C. Stensrud Police Department 149.00 Total 103911:149.00 CARQUEST #2239 10/26/2015 103912 327206 101-43000-224 repair parts Public Works Department 8.88 Total 103912:8.88 CECE S SIGNS 10/26/2015 103913 6807 101-43000-222 #424 decals Public Works Department 80.00 Total 103913:80.00 CHESTNUT CAMBRONNE PA 10/26/2015 103914 130908 101-41600-306 conflict prosecution Law/Legal Services 95.00 Total 103914:95.00 CHUNKS LAKESHORE AUTO 10/26/2015 103915 13214 101-45210-402 #610 repairs Golf Course 267.01 CHUNKS LAKESHORE AUTO 10/26/2015 103915 13216 101-42110-402 #236 oil change Police Department 42.74 CHUNKS LAKESHORE AUTO 10/26/2015 103915 13230 101-42110-402 #846 oil change, tire rotation Police Department 84.29 CHUNKS LAKESHORE AUTO 10/26/2015 103915 13240 101-42110-402 #229 repairs Police Department 257.01 City of Orono Check Register - COUNCIL REPORT Page: 3 Check Issue Dates: 10/13/2015 - 10/26/2015 Oct 22, 2015 08:27AM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount CHUNKS LAKESHORE AUTO 10/26/2015 103915 13252 101-42110-402 #843 oil change, brakes, tire Police Department 705.62 CHUNKS LAKESHORE AUTO 10/26/2015 103915 13255 101-42110-402 #223 oil change Police Department 39.43 Total 103915:1,396.10 City of Orono Utilities 10/26/2015 103916 93015 101-42110-382 PD 3rd Qtr UB Police Department 829.46 City of Orono Utilities 10/26/2015 103916 93015 101-41900-382 City Hall 3rd Qtr UB Central Services 829.46 City of Orono Utilities 10/26/2015 103916 93015 101-41900-382 PW 3rd Qtr UB Central Services 407.33 City of Orono Utilities 10/26/2015 103916 93015 601-49400-382 Water Plant 3rd Qtr UB Water 269.92 Total 103916:2,336.17 CITY OF WAYZATA 10/26/2015 103917 102015 601-49400-387 3rd Quarter water Water 7,372.53 CITY OF WAYZATA 10/26/2015 103917 102015 602-49450-387 3rd Quarter sewer Sewer 15,731.77 Total 103917:23,104.30 CITYVIEW PLUMBING & HEATIN 10/26/2015 103918 43610 101-41900-404 mens room repair Central Services 171.04 Total 103918:171.04 CIVIC SYSTEMS LLC 10/19/2015 103441 13180 101-41900-401 software support 7-15 to 12-15 Central Services 1,021.10- CIVIC SYSTEMS LLC 10/19/2015 103441 13180 602-49450-401 software support 7-15 to 12-15 Sewer 1,021.10- CIVIC SYSTEMS LLC 10/19/2015 103441 13180 601-49400-401 software support 7-15 to 12-15 Water 765.82- CIVIC SYSTEMS LLC 10/19/2015 103441 13180 603-49500-401 software support 7-15 to 12-15 765.82- CIVIC SYSTEMS LLC 10/19/2015 103441 13180 651-49910-401 software support 7-15 to 12-15 Storm Water 685.16- Total 103441:4,259.00- CIVIC SYSTEMS LLC 10/19/2015 103898 13180 101-41900-401 software support 7-15 to 12-15 Central Services 1,021.10 CIVIC SYSTEMS LLC 10/19/2015 103898 13180 602-49450-401 software support 7-15 to 12-15 Sewer 1,021.10 CIVIC SYSTEMS LLC 10/19/2015 103898 13180 601-49400-401 software support 7-15 to 12-15 Water 765.82 CIVIC SYSTEMS LLC 10/19/2015 103898 13180 603-49500-401 software support 7-15 to 12-15 765.82 CIVIC SYSTEMS LLC 10/19/2015 103898 13180 651-49910-401 software support 7-15 to 12-15 Storm Water 685.16 Total 103898:4,259.00 CLINT SCHUMANN 10/26/2015 103919 102115 101-43000-226 reimb for boots Public Works Department 175.00 City of Orono Check Register - COUNCIL REPORT Page: 4 Check Issue Dates: 10/13/2015 - 10/26/2015 Oct 22, 2015 08:27AM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount Total 103919:175.00 COMMERCIAL ASPHALT 10/26/2015 103920 151015 101-43000-224 patching supplies Public Works Department 1,463.54 Total 103920:1,463.54 CONNELLY INDUSTRIAL ELEC 10/26/2015 103921 14411 601-49400-405 Navarre softener repair Water 429.45 Total 103921:429.45 CROSSROADS ANIMAL SHELT 10/26/2015 103922 101315 101-42110-317 animal control Police Department 84.81 Total 103922:84.81 CULLIGAN 10/26/2015 103923 93015 101-45210-403 softener exchange service Golf Course 19.63 Total 103923:19.63 DELTA DENTAL 10/26/2015 103924 6219212 101-15998 003722072 Nov Cobra 516.30 DELTA DENTAL 10/26/2015 103924 6219212 101-21709 003722072 Nov Dental 1,874.05 Total 103924:2,390.35 DIAMOND MOWERS INC.10/26/2015 103925 103485 101-43000-221 mower repair parts Public Works Department 38.75 Total 103925:38.75 EARL F ANDERSON & ASSOC 10/26/2015 103926 109323 101-43000-224 North Shore/Arm signs Public Works Department 140.30 EARL F ANDERSON & ASSOC 10/26/2015 103926 109368 101-43000-224 logo signs Public Works Department 147.70 Total 103926:288.00 ECM PUBLISHERS INC 10/26/2015 103927 264987 101-41900-352 legal ads Central Services 83.44 ECM PUBLISHERS INC 10/26/2015 103927 264988 101-41900-352 legal ads Central Services 160.92 ECM PUBLISHERS INC 10/26/2015 103927 264989 101-41900-352 legal ads Central Services 89.40 Total 103927:333.76 G & K SERVICES 10/26/2015 103928 1006341543 101-43000-226 uniform Public Works Department 29.19 City of Orono Check Register - COUNCIL REPORT Page: 5 Check Issue Dates: 10/13/2015 - 10/26/2015 Oct 22, 2015 08:27AM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount G & K SERVICES 10/26/2015 103928 1006341543 601-49400-226 uniform Water 14.60 G & K SERVICES 10/26/2015 103928 1006341543 602-49450-226 uniform Sewer 14.59 G & K SERVICES 10/26/2015 103928 1006341543 101-43000-221 towels Public Works Department 6.38 Total 103928:64.76 GENUINE PARTS COMPANY/NA 10/26/2015 103929 292943 101-43000-222 supplies Public Works Department 4.96 GENUINE PARTS COMPANY/NA 10/26/2015 103929 293402 101-43000-224 parts Public Works Department 7.40 GENUINE PARTS COMPANY/NA 10/26/2015 103929 293403 101-43000-224 parts Public Works Department 12.49 Total 103929:24.85 GPSit INC 10/26/2015 103930 14616 101-42110-311 GPS tracker and service plan Police Department 239.40 Total 103930:239.40 HARTMAN COMPANIES INC 10/26/2015 103931 5657 101-45210-404 irrigation system repairs Golf Course 610.00 Total 103931:610.00 HENNEPIN COUNTY INFOR TE 10/26/2015 103932 1000065401 101-41900-319 network support Central Services 50.00 Total 103932:50.00 HENNEPIN COUNTY SHERIFF 10/26/2015 103933 1000065481 101-41600-309 jail charges Law/Legal Services 1,310.24 Total 103933:1,310.24 JACKIE YOUNG 10/26/2015 103934 100715 101-42400-319 PC meeting 9/21/15 Building & Zoning 395.00 JACKIE YOUNG 10/26/2015 103934 100715 101-45200-319 Park Commission 9/8/15 Parks 190.00 JACKIE YOUNG 10/26/2015 103934 100715 101-41300-319 CC meeting 9/14, 9/28 Administration 635.00 Total 103934:1,220.00 KENNETH N POTTS PA 10/26/2015 103935 100815 231-45650-307 Forfeit 2005 Acura Hochbrunn 2,700.00 Total 103935:2,700.00 LOGIS 10/26/2015 103936 40810 101-42110-310 police records 9/15 Police Department 5,347.00 LOGIS 10/26/2015 103936 40810 101-41900-329 internet 9/15 Central Services 193.50 City of Orono Check Register - COUNCIL REPORT Page: 6 Check Issue Dates: 10/13/2015 - 10/26/2015 Oct 22, 2015 08:27AM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount LOGIS 10/26/2015 103936 40810 101-42110-329 internet 9/15 Police Department 193.50 LOGIS 10/26/2015 103936 40865 703-49960-379 phone switch/storm 780.00 Total 103936:6,514.00 LONG LAKE TRUE VALUE 10/26/2015 103937 292113 101-45200-223 supplies Parks 9.99 LONG LAKE TRUE VALUE 10/26/2015 103937 B290431 101-43000-224 supplies Public Works Department 10.99 LONG LAKE TRUE VALUE 10/26/2015 103937 B291375 101-43000-224 parts-supplies Public Works Department 11.99 LONG LAKE TRUE VALUE 10/26/2015 103937 B291594 101-43000-222 supplies Public Works Department 20.72 LONG LAKE TRUE VALUE 10/26/2015 103937 B291706 101-43000-224 supplies Public Works Department 6.17 Total 103937:59.86 MANSFIELD OIL COMPANY 10/26/2015 103938 874874 101-42110-212 Fuel PD Police Department 2,877.11 MANSFIELD OIL COMPANY 10/26/2015 103938 877306 101-43000-212 Diesel Public Works Department 770.04 Total 103938:3,647.15 MELANIE CURTIS 10/26/2015 103939 100815 101-41900-201 reimb for paper Central Services 28.51 Total 103939:28.51 METRO WEST INSPECTIONS S 10/26/2015 103940 101015 101-42400-310 Sept inspection services Building & Zoning 6,837.00 Total 103940:6,837.00 MINNEAPOLIS OXYGEN COMP 10/26/2015 103941 171136103 101-43000-415 acetylene, oxygen Public Works Department 24.60 MINNEAPOLIS OXYGEN COMP 10/26/2015 103941 171136104 101-42110-221 oxygen Police Department 23.40 MINNEAPOLIS OXYGEN COMP 10/26/2015 103941 171136105 101-42110-221 oxygen Police Department 20.40 Total 103941:68.40 MINNEHAHA CREEK WATERSH 10/21/2015 103765 91115 101-45200-404 permit for Lidiyard Beach Parks 10.00- Total 103765:10.00- MINNESOTA EQUIPMENT 10/26/2015 103942 37195 101-43000-226 safety gear Public Works Department 69.95 MINNESOTA EQUIPMENT 10/26/2015 103942 37195 101-43000-224 supplies Public Works Department 24.54 City of Orono Check Register - COUNCIL REPORT Page: 7 Check Issue Dates: 10/13/2015 - 10/26/2015 Oct 22, 2015 08:27AM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount Total 103942:94.49 MINNESOTA UI FUND 10/26/2015 103943 100815 101-42110-142 unemployemnt L. Olson Police Department 404.49 Total 103943:404.49 MINUTEMAN PRESS 10/26/2015 103944 16236 101-41900-352 fall newsletter Central Services 1,825.05 Total 103944:1,825.05 MN DEPT OF AGRICULTURE 10/13/2015 103893 20020574-20 101-45210-441 Pest app license R. Steffenhagen Golf Course 20.00 Total 103893:20.00 MN DEPT OF REVENUE-WIRE 10/26/2015 103945 93015 101-34210 Sept sales tax 3.00 MN DEPT OF REVENUE-WIRE 10/26/2015 103945 93015 101-37910 Sept sales tax 735.00 MN DEPT OF REVENUE-WIRE 10/26/2015 103945 93015 101-37920 Sept sales tax 386.00 MN DEPT OF REVENUE-WIRE 10/26/2015 103945 93015 101-37930 Sept sales tax 126.00 MN DEPT OF REVENUE-WIRE 10/26/2015 103945 93015 101-37935 Sept sales tax 40.00 MN DEPT OF REVENUE-WIRE 10/26/2015 103945 93015 101-37940 Sept sales tax 22.00 MN DEPT OF REVENUE-WIRE 10/26/2015 103945 93015 101-37960 Sept sales tax 19.00 MN DEPT OF REVENUE-WIRE 10/26/2015 103945 93015 101-37970 Sept sales tax 3.00 MN DEPT OF REVENUE-WIRE 10/26/2015 103945 93015 101-37990 Sept sales tax 38.00 Total 103945:1,372.00 MN SHERIFFS ASSOCIATION 10/26/2015 103946 101915 101-42110-437 training J. Raze Police Department 120.00 Total 103946:120.00 MORRIES BODYWORKS 10/26/2015 103947 237599 101-42110-402 door repair Police Department 958.30 Total 103947:958.30 NAVARRE AMSTAR 10/26/2015 103948 4538 101-45210-221 tire repair Golf Course 25.00 Total 103948:25.00 NAVARRE HARDWARE 10/26/2015 103949 288994 101-43000-224 parts Public Works Department 3.72 City of Orono Check Register - COUNCIL REPORT Page: 8 Check Issue Dates: 10/13/2015 - 10/26/2015 Oct 22, 2015 08:27AM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount NAVARRE HARDWARE 10/26/2015 103949 289028 101-42110-240 supplies Police Department 101.74 NAVARRE HARDWARE 10/26/2015 103949 289061 101-43000-224 parts Public Works Department 4.79 NAVARRE HARDWARE 10/26/2015 103949 289211 101-45210-223 supplies Golf Course 20.54 NAVARRE HARDWARE 10/26/2015 103949 289334 101-43000-224 parts Public Works Department 15.98 Total 103949:146.77 NEWEGG INC 10/26/2015 103950 1201405125 101-42110-221 hard drive, card reader Police Department 230.98 Total 103950:230.98 O SULLIVANS HOLIDAY 546 10/26/2015 103951 93015 101-42110-402 car wash Police Department 66.00 Total 103951:66.00 O SULLIVANS HOLIDAY 547 10/26/2015 103952 93015 101-42110-402 car washes Police Department 223.68 Total 103952:223.68 OFFICE DEPOT 10/26/2015 103953 7990746060 101-41900-201 office supplies Central Services 158.61 OFFICE DEPOT 10/26/2015 103953 7990746630 101-41900-201 office supplies Central Services 56.98 Total 103953:215.59 OTTEN BROTHERS 10/26/2015 103954 11423787 601-49400-405 3415 Crystal Bay Rd Water 84.50 Total 103954:84.50 OUTDOOR EXCAPES 10/26/2015 103955 6671 101-45210-223 tree form Golf Course 93.31 Total 103955:93.31 PRAIRIE RESTORATIONS INC 10/26/2015 103956 37665 234-45680-404 Lurton Park weed control 442.10 Total 103956:442.10 REAL ASSETS LLC 10/26/2015 103957 100715 101-22205 Escrow refund 2014-00616 2,500.00 REAL ASSETS LLC 10/26/2015 103957 100715B 101-22205 Escrow refund 2014-00551 2,500.00 City of Orono Check Register - COUNCIL REPORT Page: 9 Check Issue Dates: 10/13/2015 - 10/26/2015 Oct 22, 2015 08:27AM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount Total 103957:5,000.00 ROACH, DERICK 10/26/2015 103958 102015 999-10015 UB refund 235.48 Total 103958:235.48 SAVAGE, WILLIAM 10/26/2015 103959 101215 999-10015 UB refund 96.00 Total 103959:96.00 SCHWAAB INC 10/26/2015 103960 008694 101-41900-201 stamps Central Services 27.62 Total 103960:27.62 SELECT ACCOUNT 10/26/2015 103961 101315 101-21719 10/13/15 FLEX 1,269.73 Total 103961:1,269.73 SELECT ACCOUNT 10/26/2015 103962 102015 101-21719 10/20/15 FLEX 642.83 Total 103962:642.83 STREICHERS POLICE EQUIP 10/26/2015 103963 103581 101-42110-226 credit for overpayment Police Department 30.00- STREICHERS POLICE EQUIP 10/26/2015 103963 1170536 101-42110-228 ammo Police Department 4,897.80 STREICHERS POLICE EQUIP 10/26/2015 103963 1170848 101-42110-226 uniforms Beck Police Department 51.99 STREICHERS POLICE EQUIP 10/26/2015 103963 1171916 101-42110-240 batteries Police Department 107.82 STREICHERS POLICE EQUIP 10/26/2015 103963 1171941 101-42110-226 uniforms Sonnek Police Department 49.99 STREICHERS POLICE EQUIP 10/26/2015 103963 1172287 101-42110-226 uniforms Datwyler Police Department 110.99 STREICHERS POLICE EQUIP 10/26/2015 103963 1172288 101-42110-226 uniforms N. Schultz Police Department 58.99 STREICHERS POLICE EQUIP 10/26/2015 103963 1172307 101-42110-226 uniforms Beck Police Department 491.90 STREICHERS POLICE EQUIP 10/26/2015 103963 1172919 101-42110-226 uniforms White Police Department 44.99 STREICHERS POLICE EQUIP 10/26/2015 103963 1172995 101-42110-550 #242 setup Police Department 10,427.69 STREICHERS POLICE EQUIP 10/26/2015 103963 1173238 101-42110-550 #242 setup Police Department 192.98 STREICHERS POLICE EQUIP 10/26/2015 103963 1173762 101-42110-226 uniforms Spencer Police Department 139.99 Total 103963:16,545.13 SUN LIFE FINANCIAL 10/26/2015 103964 101915 101-15998 credit 1.00- SUN LIFE FINANCIAL 10/26/2015 103964 101915 101-21710 credit 1,132.86- City of Orono Check Register - COUNCIL REPORT Page: 10 Check Issue Dates: 10/13/2015 - 10/26/2015 Oct 22, 2015 08:27AM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount SUN LIFE FINANCIAL 10/26/2015 103964 101915 101-21713 LTD Oct 1,155.05 SUN LIFE FINANCIAL 10/26/2015 103964 101915 101-15998 LTD Cobra Oct .50 Total 103964:21.69 THE BROADWAY GROUP 10/26/2015 103965 101615 101-22205 Escrow refund (reduction) Oliver Hill 59,175.00 Total 103965:59,175.00 THURLO, MARK 10/26/2015 103966 101215 999-10015 UB refund 7.01 Total 103966:7.01 TREECARE 10/26/2015 103967 917 101-43000-408 tree trimming Prospect Ave Public Works Department 175.00 Total 103967:175.00 UNITED FARMERS COOPERATI 10/26/2015 103968 29964 101-41900-223 softener salt Central Services 43.90 Total 103968:43.90 VALLEY RICH CO 10/26/2015 103969 22097 601-49400-405 3415 Crystal Bay Rd Water 2,919.75 Total 103969:2,919.75 VERIZON WIRELESS 10/26/2015 103970 9753472032 101-42110-321 9/07 to 10/06 Police Department 1,501.27 VERIZON WIRELESS 10/26/2015 103970 9753472032 101-41900-321 9/07 to 10/06 Central Services 111.58 VERIZON WIRELESS 10/26/2015 103970 9753472032 101-45210-321 9/07 to 10/06 Golf Course 37.48 VERIZON WIRELESS 10/26/2015 103970 9753472032 601-49400-321 9/07 to 10/06 Water 45.33 VERIZON WIRELESS 10/26/2015 103970 9753472032 602-49450-321 9/07 to 10/06 Sewer 45.33 Total 103970:1,740.99 WILDTHREADS 10/26/2015 103971 23292 101-45210-095 Golf Course apparel Golf Course 484.21 WILDTHREADS 10/26/2015 103971 23293 101-45210-095 Golf Course apparel Golf Course 1,812.25 Total 103971:2,296.46 WILLIAMS TOWING 10/26/2015 103972 139719 231-45650-436 15-012295 1998 Toyota 155.00 City of Orono Check Register - COUNCIL REPORT Page: 11 Check Issue Dates: 10/13/2015 - 10/26/2015 Oct 22, 2015 08:27AM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount Total 103972:155.00 WINDSCAPES 10/26/2015 103973 15335 101-45200-319 wood chips Hackberry Park Parks 2,445.00 Total 103973:2,445.00 Wine, Scott 10/26/2015 103974 100715 101-22205 Escrow refund 2014-00242, 14-3661, 2014-00878 2,500.00 Total 103974:2,500.00 WRIGHT HENNEPIN ELECTRIC 10/26/2015 103975 100815 602-49450-381 9/01 to 10/01 service Sewer 27.67 WRIGHT HENNEPIN ELECTRIC 10/26/2015 103975 100815 101-43000-381 9/01 to 10/01 service Public Works Department 95.81 Total 103975:123.48 YAMAHA GOLF & UTILITY INC 10/26/2015 103976 1-1409858 101-45210-415 extra carts Golf Course 330.00 Total 103976:330.00 Grand Totals: 165,529.87