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Home My WebLink About11-23-2015 Council PacketAgenda for Council Meeting Set for Monday, November 23, 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.Joint Planning & Council Work Session of November 9, 2015 3.Regular Council Meeting Minutes of November 9, 2015 Presentation 4.Sheriff Stanek, Hennepin County Planning Commission Comments – Representative Denise Leskinen 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. Public Works Director/City Engineer’s Report 5. Baldur Park Road Pay Request No. 1 6. Watertown Road and Stubbs Bay Road Pay Request No.3 Planning Department Report 7. 15-3774, Michael Steadman o/b/o Irwin Jacobs, 1700 Shoreline Drive – Preliminary Plat Approval 8. 15-3783, John T. Bessessen/David Delany, 2465 Shadywood Road and 2500 Kelly Avenue, Sketch Plan 9.15-3780 Michael & Lisa Larson, 3596 Shoreline Drive Conditional Use Permit 10. 15-3789, The Broadway Group LLC o/b/o Michael Fegers, 3590 North Shore Drive – Variances 11. Consider Disposal of Tax Forfeited Property (PID: 05-117-23-24-0117 and 0118) Jake Barkley 12. 15-3752 Estate Dev. Corp. - Tom Gonyea, 475 Old Crystal Bay Rd N. Sketch Plan Agenda for Council Meeting Set for Monday, November 23, 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 13. 15-3790, City of Orono & Clifford Otten, Outlot C, East Willow Woods (2350 Wayzata Blvd) Easement Vacation Mayor/Council Report City Administrator's Report 14. Permits/Licenses* - 2016 Liquor License Approval 15. Claims/ Bills* City Attorney's Report Adjournment Upcoming Events 11/26-27 – Thanksgiving City Offices Closed 12/14 – Council Meeting, Monday, 7:00 p.m. 12/24-25 – Holiday City Offices Closed 01-04-16 – Park Commission Meeting, Monday, 6:30 p.m. 01-11-16 – Council Meeting, Monday, 7:00 p.m. 01-18-16 – Martin Luther King Day, City Offices Closed 01-19-16 – Planning Commission Meeting, Monday, 7:00 p.m. (Dennis Walsh Liaison) 01-25-16 – Council Meeting, Monday, 7:00 p.m. 02-01-16 – Park Commission Work Session, Monday, 1:30 p.m. 02-08-16 – Council Meeting, Monday, 7:00 p.m. 02-15-16 – President’s Day, City Offices Closed 02-16-16 – Planning Commission Meeting, Monday, 7:00 p.m. (Jim Cornick, Jr Liaison) 02-22-16 – Council Meeting, Monday, 7:00 p.m. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, November 9, 2015 7:00 o’clock p.m. _____________________________________________________________________________________ Page 1 of 24 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 McMillan noted Item No. 10 has been requested to be removed from tonight’s agenda by the applicant but that anyone from the public may provide comments regarding that item during the Public Comment portion of the meeting. Item Nos. 6, 7, 8, 13, 14, 15, and 16 were added to the Consent Agenda. Levang moved, Printup seconded, to approve the Consent Agenda as amended. VOTE: Ayes 5, Nays 0. APPROVAL OF MINUTES *2. REGULAR CITY COUNCIL MEETING OF OCTOBER 26, 2015 Levang moved, Printup seconded, to approve the minutes of the Orono City Council meeting of October 26, 2015, as submitted. VOTE: Ayes 5, Nays 0. *3. CITY COUNCIL WORK SESSION MEETING OF OCTOBER 26, 2015 Levang moved, Printup seconded, to approve the minutes of the Orono City Council Work Session meeting of October 26, 2015, as submitted. VOTE: Ayes 5, Nays 0. PRESENTATIONS 4. MET COUNCIL SEWER MAIN PROJECT – JEFF SCHWARZ, P.E. Tim O’Donnell, Metropolitan Council Environmental Services, stated the primary role of the MCES is the wastewater collection and treatment for the majority of the 7-county area. The division serves 108 communities that are connected to the regional system consisting of eight wastewater treatment plants, with over 5000 miles of local and regional sanitary sewer pipes. The project being discussed tonight is part of a number of other projects that are looking at the age and deteriorating condition of the system. O’Donnell stated they are attempting to get ahead of the game and invest in new infrastructure. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, November 9, 2015 7:00 o’clock p.m. _____________________________________________________________________________________ Page 2 of 24 4. MET COUNCIL SEWER MAIN PROJECT – JEFF SCHWARZ, P.E. (continued) Jeff Schwarz, Professional Engineer with the Metropolitan Council, stated the project involves force main number 7113 and meter 435A and B improvements. Schwarz indicated he has been working with Mr. Edwards to get the project designed, scheduled and staged to minimize impacts to the City and also still give the MCES a robust system and capacity for handling future flows as development proceeds. This particular project starts at Orono Orchard Road to the west, all along Shoreline Drive, past the ramps on Highway 15, and then to the existing lift station in Wayzata. The driver of the project is the condition of the existing pipe. Schwarz stated the MCES has some force main pipes that they have found to be in poor shape as well as some redundancy issues. Schwarz stated there is one force main that serves lift stations in Orono and that they will be adding a force main in the area of Orono Orchard Road. Since there is currently only one force main, the MCES cannot take it out of service to check its condition. Part of the project is to provide that second line so the original force main can be evaluated. This project will include installation of approximately 620 feet of 20-inch diameter force main that will be installed by trenching and tunneling. Schwarz indicated they will be tunneling underneath the trail at Orono Orchard Road and the ramp area. There will also be 3,000 feet of 36-inch diameter gravity pipe, which the two force mains will dump into and drain into L26. There will be almost two miles of pipe and maintenance holes for the gravity pipe. A new meter for the force main will be installed as well as soil erosion control. Schwarz indicated they will make sure that the appropriate permits are obtained and that they will avoid any wetlands. Site restoration will be done once the project is completed. Schwarz noted they have the project split into two phases. Phase one is to install the force main on the north side of Shoreline Drive along with some connection valve structures at the Orono Orchard intersection. This work will be done in the winter of 2016, with work hopefully starting the second week of December. Schwarz noted this area will be done in the winter because a lot of the work is done adjacent to wetlands and it works better when the ground is frozen to conduct that type of work. This phase will not require any road closures. The area will be separated from the road with J barriers on the north side of the road and the excavation will happen in the ditch beside it. Schwarz stated they hope to have that 600 feet done in approximately five months. Some of the features of the work involved with Phase I work include the north shoulder of Shoreline Drive as well as some staged closure of the intersection of Orono Orchard Road. The project is currently set up so a temporary road will be constructed for the first stage of the shutdown allowing for two lanes of traffic then when work commences on the west side, there will be a road closure, with no traffic being allowed on Orono Orchard Road going eastbound. Schwarz stated they will be able to maintain a right turn from the westbound lane of Shoreline Drive. Schwarz stated it is their understanding that the property owner in the immediately vicinity has access through a different location so they will be able to take the other access around. A representative from Brown & Caldwell explained the proposed detour. Traffic from Orono Orchard Road will come down from the north, with approximately one block closed from Fox Street to County Road 15. The southbound traffic will need to go west on Fox and south on Brown in order to go east. Eastbound traffic on CR15 will not be able to turn north on Orono Orchard Road but the lane going westbound on CR15 will be maintained. An extra gravel shoulder will also be built. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, November 9, 2015 7:00 o’clock p.m. _____________________________________________________________________________________ Page 3 of 24 4. MET COUNCIL SEWER MAIN PROJECT – JEFF SCHWARZ, P.E. (continued) Schwarz stated they will be using precast structures and that the contractor will be able to excavate the site, drop the structure right in, connect them up, and then backfill the area. Schwarz displayed a picture of the type of work that will be performed. The Three Rivers Park Trail will be used for access on the north side so there will be no interruption of traffic during that phase. Phase II of the project goes from Hillside Drive over to the gravity section. Currently this work is scheduled for the summer of 2016. Schwarz noted the MCES has been receiving some comments regarding the schedule since Shoreline Drive will be closed for a period of time, which will impact Wayzata more than Orono. Some of the features of this segment will require deep excavation. As a result, the road must be closed for that work and that they are attempting to complete the work so that the Blake School will be impacted the least amount possible. Schwarz indicated they are reconsidering some of that work based on public comments received last week. Schwarz stated one of the issues they have encountered is that County Road 101 will not be completed until the fall and that they are taking another look at the project. Schwarz noted the reason for having to close the road is because the work involves 25-foot deep excavations that will take quite a bit of earth moving. Schwarz stated it is a narrow road, which would make it difficult to try and keep one lane open or put a temporary road in. Schwarz stated they should have a conclusion on other options for the Wayzata City Council meeting on November 17. McMillan asked if they plan to put the ditches back as is. Schwarz stated they do. Schwarz stated due to the wetlands in the area, a detailed delineation has been done to replace not only the wetlands as they are but that they will be installing HVP pipe in some sections which does not require a lot of bedding. In addition, the contractor will be backfilling with the excavated dirt. The road will be compacted and will be basically brand-new following the work. McMillan asked if the work will be done through the wetland area. Schwarz stated there is a fine line where the wetland is and where the pipe will be and that they will be skirting the edge of it. Schwarz indicated part of the permit requires that no wetlands be taken away. McMillan noted the trail will stay open to Wayzata. Schwarz stated the trail will not be open in the wintertime but during the summer it will be. McMillan stated the trail is usually not open during the winter. McMillan asked if there is any public comment. A person in the audience asked what will stop residents from using Ferndale to get into downtown Wayzata. Schwarz stated that will not be the official detour but that drivers would be able to do that if they prefer. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, November 9, 2015 7:00 o’clock p.m. _____________________________________________________________________________________ Page 4 of 24 4. MET COUNCIL SEWER MAIN PROJECT – JEFF SCHWARZ, P.E. (continued) O’Donnell stated they will be posting a preferred route but that there is nothing to keep people from going a different route. O’Donnell stated as it relates to funding for this project, MCES does not assess property owners along the sewer pipe and neither is the burden placed on the local community. The projects are financed from the user fees that are paid throughout the regional system. 5. NAVARRE COMMUNITY FESTIVAL – EVENT RECAP AND VOLUNTEER RECOGNITION Candace Nadler, Navarre Community Initiative, expressed their thanks to the Mayor and City Council for supporting the Navarre Community Festival. Nadler stated the group placed bikes around the area that helped spark conversation and interest in the event. Council Member Levang stated this event came about as a result of a meeting that was held last year discussing grant opportunities through Blue Cross/Blue Shield. During that meeting a small group of volunteers said they would help to plan an event and that event became the Navarre Community Festival. Levang stated Ralph Kempf, Rick Meyers, Candace Nadler and Christine Hardten were the four key people who were on the committee. Council Members Levang and Cornick represented the Council and helped make the event happen. The goal of the festival was to increase pedestrian mobility along the business corridor in Navarre, up to Livingston Tower Park, and then to the Dakota Rail Trail. Levang stated a number of people saw the colorful bikes that were used to help highlight the festival. The Navarre Initiative did partner with another group to obtain the bikes and they had over a dozen bikes placed throughout the area. The group spent many days painting those bikes and moving them around the community. Levang stated based on the number of volunteers and the feedback from the residents, it was a very, very successful day. Nadler thanked Mark and Paula Plewka of South Lake Bicycles for volunteering to tune up the kids’ bikes and inspecting them to ensure every bike was working properly. Levang displayed pictures of the bikes. Levang stated on the day of the festival, the bicycles were brought to the Navarre Park. There were also food vendors at the park and across the street. The food was donated by community members and given to the participants for no cost. Some of the other activities held were the bike safety rodeo, vendors and food, a group of jazz musicians, face painting, a bouncy house, and tour of the Navarre Fire Station, and a bike ride on the Dakota Rail Trail, with a preview of the improvements that are going to be made to the Livingston Tower Park. Levang stated during the event, the Navarre Initiative conducted a survey of the participants, which showed that there were approximately 200 participants. Most of the participants indicated they had used the Dakota Rail Trail in the past and many used the trail multiple times a week or daily. A majority of the participants stated they wanted to be involved in the community event and have their children take part in the bike safety rodeo. Concerns raised regarding access to the trail were heavy traffic, the speed of cars, and no sidewalk or space on the roadway. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, November 9, 2015 7:00 o’clock p.m. _____________________________________________________________________________________ Page 5 of 24 5. NAVARRE COMMUNITY FESTIVAL – EVENT RECAP AND VOLUNTEER RECOGNITION (continued) Levang noted the City is working with Three Rivers and Hennepin County on those issues. Suggested trail use improvements included waste bags for dogs, water, more trails to businesses, education on trail etiquette, and trail news in the local newspapers. Nadler stated approximately 50 children participated in the rodeo. Council Member Cornick and David Trudell did lots of hands-on training regarding the use of proper hand signals and coaching regarding pedal speeds for maneuvering and stopping with their foot on ground. The goal was to protect the children from traumatic brain injuries and make sure that both parents and children wear bike helmets. Approximately 15 free helmets were fitted and given to the kids attending the rodeo who did not have a helmet. Volunteers from South Lake Bicycle made mechanical adjustments to the bikes. Nadler displayed a number of pictures of the event. Nadler thanked the Council for their support. McMillan thanked the volunteers and noted the City has received lots of good comments about the event. Council Member Cornick commented they hope to make it an annual event. PLANNING COMMISSION COMMENTS – REPRESENTATIVE JON SCHWINGLER Planning Commissioner Schwingler stated he had nothing to report but would be available for questions. PUBLIC COMMENTS Steve Byrnes, 1025 Heritage Lane, stated it is his understanding that Item 10 will come before the Council in a couple of weeks. Byrnes stated as the Council knows, this is a topic that is very important to the neighborhood and that he would like to summarize a couple of the positions that have been discussed in the past. Byrnes stated instead of following the content of the developer, the residents have brought in their own consultant. Byrnes stated all along the neighborhood opposed the use of Heritage Lane for the construction and development access. Byrnes noted at the very beginning of the process, Planning Member Leskinen made a request of the developer to evaluate all alternative access points. When the discussion was brought back up, the developer presented up a very disconcerting map that said they would need to clear cut the entire side of the hill, the grade is too steep, and that it is impossible to have any kind of alternative access. Since then the neighbors have hired their own site engineer to evaluate the information and in their view there is an alternative. As a result of that independent evaluation, the neighborhood is now in opposition to the extension of Heritage Road and that they now believe there is a viable alternative through the Jacobs property. Byrnes stated they also uncovered some Orono documents that cite the right-of-way as being protected wetland. Byrnes stated that area of wetland between the two homes is deemed preserved. Byrnes noted their engineer has submitted some documents for the City to review that raise concerns ranging from the pollution control district, emissions, and holding ponds. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, November 9, 2015 7:00 o’clock p.m. _____________________________________________________________________________________ Page 6 of 24 PUBLIC COMMENTS (continued) As a result of their engineer’s findings, the neighborhood has tremendous concern that this application has not been thoughtfully reviewed and examined and the City Council has not been given all the facts that they need in order to make an informed decision. Byrnes noted this is the last large piece of land on Lake Minnetonka to be developed. Byrnes noted there are three lots to be developed, with a fourth lot containing the house to be developed at some point in the future, but yet there has been no discussion about what the long-term plan will be. The residents want to make sure the City is very thoughtful concerning the long-term development of this parcel and that in their view not enough evaluation has been done. Byrnes noted there has also been discussion about Hennepin County not allowing access for an alternative access. Byrnes requested the City Council do their due diligence and confirm that. Byrnes noted there has been no formal denial of access for the entrance from Shoreline and that Hennepin County has not reviewed it or made a decision on it. Byrnes stated when Hennepin County conducts their reviews, they can make a recommendation but cannot necessarily enforce it. Byrnes stated the idea that someone cannot turn off of Shoreline is not a de facto decision and that he would encourage the Council to discuss that with Hennepin County. Todd Erickson, Professional Engineer, stated he has been involved with developing property since 1997 and that he has a wide range of experience. Erickson indicated he usually works for the developer but that he has been hired by the homeowners association to review this application and the issues that were raised. Erickson indicated he did provide the association with a document that basically identifies his findings and the issues associated with the application. Erickson indicated he went through and analyzed what had been given to Staff and did a cursory view of the City’s ordinances. The document has also been supplied to the City Council. The number one item is the length of the cul-de-sac, with no variance application being submitted, which is a concern. Erickson noted the bulk of the items identified were the length of the cul-de-sac and no documentation on how that road could eventually go through in the future. Erickson noted Orono’s ordinance also states a maximum number of ten homes can be on the cul-de-sac and that there was very little discussion of that. The number two item is the drainage and how to deal with that. Erickson stated both of those items were basically left out of the application. The number three item relates more to the stormwater, specifically as it relates to the infiltration area, which relates back to the disturbance of the site. Erickson stated it is his opinion the number of trees to be removed would be more than double than what was stated by the developer for that portion of the project. In addition, the developer will be filling in a wetland off of the road right-of-way, which will take some extreme gymnastics to get that through the Watershed District. Erickson noted there really has been no discussion about that and no mitigation plan has been submitted. Other items basically relate to the tree survey, the impact of the ponding area and the infiltration practices. The developer’s plan did not identify the number of trees involved or the installation of the retaining wall. Erickson stated typically that type of retaining wall requires geogrid or extra structural reinforcement which also was not identified on the plan. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, November 9, 2015 7:00 o’clock p.m. _____________________________________________________________________________________ Page 7 of 24 PUBLIC COMMENTS (continued) Erickson stated the developer is hiding the number of trees that they will be removing from the site and that in his view it seemed a little bit misleading. Erickson stated the fact that this parcel is a large parcel means that it needs more planning for the future. The City should be looking at how that road will go through in the future and the impact that will have. Erickson noted there has been no information submitted to substantiate the fact that the developer can extend the sanitary sewer. Erickson stated he also submitted information on an alternate access. Erickson stated he would appeal to the Council to ask those questions and obtain that information before moving forward. McMillan noted the Council and Staff did receive a copy of Mr. Erickson’s report. Matt Mithun, 1160 Heritage Lane, noted when the developer was asked to look at alternate routes, they looked at a road going over the bluff, which they all know now does not make sense and that it would be quite easy to use the existing road and achieve a 10 percent grade. Mr. Erickson also put together information on an alternate road, which identified one tree that would have to be removed. The residents were originally told 90 trees would have to come down if the alternate route were required. Dennis Libby, 1000 Heritage Lane, stated he would like to go on record that he does change his opinion and endorsement and acceptance of using the extension right-of-way to the cul-de-sac for primary access to the development. Libby stated in his view the developer needs to have a different perspective on providing the Council much more empirical data so the Council can make a prudent and wise decision in their decision making. Libby noted he has twice heard the mayor ask the residents to discuss something new and not talk about the same thing over and over again. Libby stated he would now like to talk about something completely new. Libby stated having been a resident of Orono and spending almost his entire life being a lakeshore owner and having access to the lake, there is a part of this development that has never really been considered. Libby stated as Staff and the Council look at this project from a long-term perspective, they will realize the poorly conceived and completely unaddressed issue of the use of Tanager Lake for access to Lake Minnetonka for these three lots. Libby indicated he has been a real estate broker for 30 years and that he has had clients that reside and use Tanager Lake. The Foxhill neighborhood has a fairly substantial, almost commercial size, dock on that bay. The area the developer is proposing to use consists of intense habitat. Libby stated he has seen no documentation on how that habitat and environment is going to be affected by the docks on Tanager Lake. Libby stated in the words of the developer, these will be small boat tenders, but that people who buy a 3.5 million dollar house likely will have big boats. Libby stated the homeowners association is in compliance with everything the MCWD requires but yet the residents have not seen any plan concerning this lake access. Libby stated Staff needs to address the conservation district, the impacts on that area, and the developer needs to bring forward a proposal on how this makes sense. Libby noted the Foxhill neighborhood uses Heritage Lane as their primary parking lane, which is something the developer’s traffic engineer completely ignored. Libby stated there is parking along that street, which is a public street, and that they take steps to carpool to limit disruption to the public street access. Libby noted the school bus and every 50-foot long material transport truck will have a line of residents’ cars parked along that street. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, November 9, 2015 7:00 o’clock p.m. _____________________________________________________________________________________ Page 8 of 24 PUBLIC COMMENTS (continued) Libby stated this is a project that is becoming less and less feasible, very ill-conceived, and should not be approved at all. Libby stated in his view this is a nature preserve area and that there is substantial habitat in the area. Libby stated he hopes this Council is sensitive to environmental concerns and habitat. Libby noted there are giant woodpeckers and four species of owl that live in the area. Libby stated he hopes in the future the Council gets a better and more conscientious plan from the developer instead of the misdirection and misinformation that is being provided in order to gain approval. Leonard Dayton, 1980 Heritage Drive, noted he is not a member of the Foxhill homeowners association but that he attended a meeting last night of the association. Dayton stated he found his neighbors are astute, wise folks with clear thinking that are directing his neighborhood in this discussion. Dayton stated his question really has to do with procedure. Dayton stated it is his understanding there is a 120-day application period for the initial application and that he understands Mr. Steadman has requested a 60-day extension of the application. Dayton asked whether the 120 days has been extended to 180 days. McMillan indicated it has been. Senior Planner Gaffron indicated it has been extended from November 19 to January 18. Dayton stated he is assuming Mr. Steadman is requesting that extension to have time to develop a thoughtful response to the residents’ opposition and what has been brought to the table. Gaffron stated his expectation is that he will be prepared to respond in two weeks from tonight. Dave Ziegler, 1180 Heritage Lane, stated the Council should consider the long-term development of this parcel and that it is likely the Jacobs’ house will be torn down and developed at some point. Ziegler stated it does not make sense to go through Heritage Lane, remove a number of trees and fill in a wetland. Ziegler stated it would make more sense to use the alternate road being proposed by the residents’ engineer, which would only require the removal of one tree. McMillan noted the application will be before the Council again in two weeks. Sheridan Nygard, 1386 Rest Point Road, stated in her view the City Council is very wrong. Nygard noted she is Jay Nygard’s daughter and that the Orono City Council has affected her life and her childhood. Nygard stated the actions by the City against her father have been going on since 2010 and that she was 12 when this started, which is an important developmental age. Nygard indicated she is now 17. Nygard stated it was really hard for her when her dad was not there for her because he was in disputes with the City and that he missed events like sports and other activities. Nygard stated the City separated a father from his child over a buried slab of concrete in the ground for four days. Nygard stated she would also like the Council to know that they have their own problems as a family, such as her brother having a traumatic brain injury. Nygard stated the City is only making the situation worse and that there is an overwhelming amount of support from around the world that her father has generated. Nygard read a number of comments her father has received. Nygard stated she would like the Council to reflect on whether they have received mail like this. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, November 9, 2015 7:00 o’clock p.m. _____________________________________________________________________________________ Page 9 of 24 PUBLIC COMMENTS (continued) Nygard noted her father has received lots of media coverage and so much support from people around the world, including people in their own home town, such as Brad Erickson. Nygard stated she would like to thank him for being here for them and that their family appreciates him very greatly. Nygard stated the City has affected her and her family in ways they can never imagine. Kahler Nygard, 1386 Rest Point Road, asked if the Council has read the newspaper article with Sheriff Stanick requesting more handcuffs in the courtrooms. Nygard stated he knows the City works with the sheriff’s office and that he would suggest the City of Orono send a letter saying that they do not want to go with the authoritarian and tyrannical stance that more handcuffs are required in the courtrooms, especially dealing with Orono’s cases. Nygard stated the City does not need more handcuffs in the courtrooms in order to scare people into whatever it is. Nygard stated there is not a huge blowup that they need handcuffs for and that he does not support that move at all. PUBLIC WORKS DIRECTOR/CITY ENGINEER’S REPORT Public Works Director/City Engineer Edwards reported Baldur Park Road paving is completed and work has begun on the punch list items. The Public Works Department is also trying to get complete patching before the asphalt plants shut down, including the section of road that was discussed by a resident at the last Council meeting. Edwards stated painting on the water treatment plant begins tomorrow, which is the last step that needs to be done. Storm sewer inspections have also been completed in the targeted section. The City also had some volunteer work completed by a Boy Scout Troup at French Creek Preserve. The Boy Scouts installed three new benches. The City provided the materials and the Boy Scouts provided the labor. Edwards indicated the contractor is also finishing out the punch list items for Phase I of Watertown Road and that survey work for Phase 2 has been completed. Edwards stated as it relates to the golf course, the course is still open until the end of this week. The golf course had 14,103 tee times, which is up from previous years. Edwards noted that is not as high as what it was in the 1990s but that it is on the upswing. As part of the City’s sign reflectivity requirements, Public Works has been conducting an inventory of all its signs. Edwards stated one result of that survey is finding that there is an excessive number of speed limit signs on dead-end roads. Those roads tend to have speed limit signs at the entrance and then signs spaced a couple 100 feet from each other along the road. Edwards indicated he will be bringing a proposal to remove some of those since it costs at least $100 to replace each sign. Levang noted people are still dumping things at the brush pile off of McCulley Road. Levang asked if that is okay. Edwards indicated the brush pile was kept open following the last storm. Edwards stated leaves and grass are being accepted over at the Public Works facility but not at the brush pile location. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, November 9, 2015 7:00 o’clock p.m. _____________________________________________________________________________________ Page 10 of 24 PUBLIC WORKS DIRECTOR/CITY ENGINEER’S REPORT (continued) Edwards stated the City has a chip contractor who will take care of that brush at no cost to the City as long as it remains just brush. The Public Works Department has been monitoring that situation to see whether it will work out in the long term. Edwards stated once the snow starts, the access will be closed. *6. WATER TREATMENT SYSTEM IMPROVEMENTS – PAY REQUEST NO. 7 AND CHANGE ORDER NO. 1 Levang moved, Printup seconded, to approve Pay Request No. 7 to Municipal Builders, Inc., in the amount of $18,524.31, and Change Order No. 1 for $2,939.78 for the Water Treatment Systems Improvement Project. VOTE: Ayes 5, Nays 0. *7. PARK COMMISSION PRIORITIES FOR 2016 Levang moved, Printup seconded, to endorse the 2016 Park Commission Focus Parks and Initiatives. VOTE: Ayes 5, Nays 0. PUBLIC SAFETY REPORT *8. ACCEPT DONATIONS Levang moved, Printup seconded, to accept a $100.00 donation from Aaron Printup and family to the Orono Police Department. VOTE: Ayes 5, Nays 0. Levang moved, Printup seconded, to accept a $100.00 donation from Marsha Gronnenberg to the Orono Police Department. VOTE: Ayes 5, Nays 0. PLANNING DEPARTMENT REPORT 9. #15-3768/15-3780 MICHAEL AND LISA LARSON, 3569 SHORELINE DRIVE, TEXT AMENDMENT TO AMEND B-1 ZONING DISTRICT AND CONDITIONAL USE PERMIT Michael and Lisa Larson, Applicants, were present. Community Development Director Barnhart noted there are two requests before the City Council tonight. The first one is a text amendment to amend the B-1 zoning district to include indoor dog boarding, indoor dog day care, and dog grooming as conditional uses. The second request is to approve a conditional use permit for The Woofington, which is an indoor dog boarding, indoor dog day care, and dog grooming business to be located at 3596 Shoreline Drive. The Planning Commission and City Council have reviewed these applications on a number of occasions. The text amendment was recommended for approval by the Planning Commission on August 17. The Council tabled discussion on both September 14 and September 28. The conditional use permit was reviewed by the Planning Commission on September 21, initially tabled, and then recommended for approval on October 19. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, November 9, 2015 7:00 o’clock p.m. _____________________________________________________________________________________ Page 11 of 24 9. #15-3768/15-3780 MICHAEL AND LISA LARSON, 3569 SHORELINE DRIVE, TEXT AMENDMENT TO AMEND B-1 ZONING DISTRICT AND CONDITIONAL USE PERMIT (continued) Staff has spoken with the planners in Richfield, Minnetonka, Medina, and Plymouth. They have reported similar concerns during their review process, but once the businesses become operational, these businesses have generated no complaints. Staff has found that this type of business is appropriate in large buildings with small parking lots, which is similar to warehouses. Barnhart displayed a layout of the site. The applicants are proposing a maximum of 72 dogs, which is one dog for every 85 square feet. Based on the recommendation of the Planning Commission, the applicants have redesigned the interior of the building as part of the strategy for noise mitigation. The primary concerns raised so far have focused on noise generated by barking dogs and the concern that this sound could continue unabated for any length of time. These concerns have been received either during the numerous public hearings or via phone call. To date, one letter in opposition has been received. The Planning Commission, given the sound mitigation measures proposed for the building, seemed comfortable with sound indoors but still had some concerns with outdoor sounds. The condition that dogs outdoors be supervised at all times is intended to address that concern, as is the capacity related condition. Barnhart noted he has visited a number of sites in the Twin Cities area and that his observation was that these types of facilities were all located next to roads that were fairly busy. Barnhart stated as it relates to the text amendment, when a proposed use comes forward, the City should consider whether it is consistent with the other uses in the proposed area or other areas of the City. While the City does have outdoor dog kennels, it does not have an indoor kennel. The City does have a requirement that car repairs occur indoor, which seems to be consistent with the goal of the applicant to keep the dogs indoors. Barnhart stated he does not feel it is that inconsistent with that type of use and Staff is supportive of the text amendment. In addition, the applicants were encouraged to reach out to the neighboring properties to provide more information and to hear their concerns firsthand. The applicants were unable to connect with the property owners after repeated attempts, but a letter was sent to the property owners. Staff recommends the following: 1. Approval of the B-1 zoning ordinance as drafted. 2. Approval of the Conditional Use Permit to include the following conditions: a. The use is a listed permitted or conditional use in the B-1 zoning district. b. The operator shall maintain the annual kennel license. Failure to maintain the kennel license shall render the conditional use permit lapsed. c. Dogs shall be supervised while outdoors at all times. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, November 9, 2015 7:00 o’clock p.m. _____________________________________________________________________________________ Page 12 of 24 9. #15-3768/15-3780 MICHAEL AND LISA LARSON, 3569 SHORELINE DRIVE, TEXT AMENDMENT TO AMEND B-1 ZONING DISTRICT AND CONDITIONAL USE PERMIT (continued) d. The trash enclosure shall be constructed of materials consistent with the principal structure and located as approved by Staff. e. A solid 6-foot fence shall be constructed between the subject property and the adjacent residential properties. f. When the average occupancy level for three consecutive months exceeds 50 percent of capacity, the business shall be staffed overnight. Capacity of the facility is 72 dogs (1 dog per 85 square feet). 50 percent capacity is 36 dogs. g. A 24-hour contact number shall be provided that can promptly respond to concerns. 3. Direction to prepare a resolution for approval or denial for consideration at the next City Council meeting. Barnhart noted the applicants are present this evening. Cornick asked who would do the inspections and how often they would happen. Barnhart indicated inspections would be part of the licensing process and would be once a year. One of the conditions of approval is that the applicants maintain a license, and if that is not maintained, the conditional use permit would be revoked. Cornick asked if there is any state or county agency that would also perform inspections. Barnhart indicated he is not aware of that. Lisa Larson stated the State of Minnesota does not regulate kennels like this and instead leaves it up to the local agencies. Larson noted they would expect to see OSHA officials. Cornick asked if the 25-pound limit is being imposed by the applicants and not the City. Cornick asked if the applicants could allow a dog that weighed 100 pounds. Barnhart stated based on the recommended conditions of Staff, that would be true, and that the applicants have stated they would be limiting the dogs to breeds that are 25 pounds or under. Barnhart stated the Council could require a weight limit if they so choose. McMillan noted sometimes people have a big dog and a small dog and that they would likely not use this facility if only one dog is allowed. Mike Larson stated they understand that but the bigger dog would not be allowed. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, November 9, 2015 7:00 o’clock p.m. _____________________________________________________________________________________ Page 13 of 24 9. #15-3768/15-3780 MICHAEL AND LISA LARSON, 3569 SHORELINE DRIVE, TEXT AMENDMENT TO AMEND B-1 ZONING DISTRICT AND CONDITIONAL USE PERMIT (continued) Cornick stated he has counted the suites and that there are only 54. Cornick asked whether the dogs will be doubled up. Mike Larson stated the number is assuming that all suites would be occupied plus additional dogs for daycare, which is how the 72 number was arrived at. McMillan asked if the boarding dogs and the daycare dogs would be separated. Lisa Larson indicated they would be separated for some of the time and together part of the time. Larson noted the 72 number would be the maximum number of dogs in the facility. Mike Larson stated there is an indoor play area that would be divided up to break the dogs into pods to make sure the daycare dogs are managed on one schedule and the overnight dogs are managed on another schedule. Lisa Larson stated the overnight dogs will have different eating and relief times. McMillan asked how tall the outdoor fences would be. Lisa Larson stated they are suggesting six feet but that they would be agreeable to going with eight if required. McMillan noted the applicants also talked about having the garage door open periodically. McMillan expressed a concern about the noise if the door was left open. Lisa Larson stated that door would be rarely open. Mike Larson stated that would be something that would need to be monitored very closely by themselves but that they only intend to do it once in a while on a very nice day when the majority of the residents are not around. Lisa Larson noted north of the garage door is a single door that they would primarily use. Council Member Printup asked how waste disposal would be handled. Printup stated he has become less concerned with the noise but that he still has a concern with the outdoor play areas and odors. Printup stated to his recollection he read in some minutes that there is a trend that these types of businesses have moved inside. Mike Larson stated when the dogs are out in the relief area, the solid waste will be picked up immediately and put into sealed containers on site. The waste will be collected three times a week by a contractor licensed to do that type of work. Larson indicated they intend to install a surface called canine grass, which is made by a company called Forever Lawn. In that system, the liquid waste penetrates down through crushed limestone, which acts like a mound septic tank. That space would be treated with enzymes, which naturally breaks down the liquid waste. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, November 9, 2015 7:00 o’clock p.m. _____________________________________________________________________________________ Page 14 of 24 9. #15-3768/15-3780 MICHAEL AND LISA LARSON, 3569 SHORELINE DRIVE, TEXT AMENDMENT TO AMEND B-1 ZONING DISTRICT AND CONDITIONAL USE PERMIT (continued) Lisa Larson stated the company’s literature says that the waste that goes through the canine grass comes out more clear and fresh than the water people drink. Mike Larson noted there have been studies done in New York State on this product and that they basically found there is no contamination into the ground water. McMillan asked how deep the limestone would be. Mike Larson indicated the crushed limestone bed is six inches. McMillan asked where the water will run off. Lisa Larson stated it would be the same thing as the liquid waste. McMillan noted this site will have a lot of water put on it every day. Lisa Larson indicated they will not be watering the grass like other people do and that it will go into the ground as usual. Larson noted they will also be treating it with enzymes. Council Member Walsh stated he did visit some of the other facilities in the area, including Adogo at Ridgedale. Walsh stated that facility was very nice and well-kept but that they were only open during the day and not at night. In addition, they did not have an outside play area and the relief area was very small with a high wood fence. Walsh stated a person could not even see it because it is between their building and the Midas building. Walsh noted he was not able to speak with any of the neighbors near that facility. Walsh stated he also visited Wolf Central, which was very noisy inside but not outside the building. Walsh indicated he has never really been worried about the inside noise but more the noise generated from the outside play/relief areas. Wolf Center had no outside play area but they do have an outside relief area. Walsh stated he did have a chance to talk to some of the neighbors near Wolf Central and they said that probably half of the time the urine smell is very strong, which stops them from going out and doing things in their yards. In addition, they get woken up at 7:00 pretty much every day. Walsh stated in that situation they have the noise and the smell. One of the neighbors also tried to sell their house a year prior to the business going in and they were not able to sell their house due to the potential issues. Walsh stated that was a concern of his and that he still thinks this business is not appropriate in a residential area and that it would be more appropriate in a large commercial area. Lisa Larson pointed out that Wolf Central does not have canine grass. Larson stated the entire intent of the product is to mitigate the smells and keep it very sanitary. Larson noted Canine Spa and Adogo have the canine grass and that the dogs are let out in the fenced in area. McMillan stated she visited one of the sites and it was very quiet outside but very noisy inside with nonstop barking. McMillan stated there were no dogs in the outside play area at the time she visited. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, November 9, 2015 7:00 o’clock p.m. _____________________________________________________________________________________ Page 15 of 24 9. #15-3768/15-3780 MICHAEL AND LISA LARSON, 3569 SHORELINE DRIVE, TEXT AMENDMENT TO AMEND B-1 ZONING DISTRICT AND CONDITIONAL USE PERMIT (continued) McMillan stated when someone walks into the building, the dogs get excited and get riled up but that she did not tour the inside of the facility. Mike Larson indicated they have toured countless facilities and that they had a similar type of experience where the dogs were kept in a long row of cage after cage. Larson stated the noise was deafening and the facility made no effort to deafen the sound. Larson stated they recognize that as a problem and that they do not want that to exist in their facility. Lisa Larson noted they are also talking about only bringing the dogs out two at a time in the morning and that they will not have day care dogs on the weekends. Mike Larson stated they have drafted a preliminary schedule, with the first outs being at 7 a.m. in the southwest corner. The last out will be at 7:30 at night. Larson stated one important thing is that they recognize the neighbors do not want to listen to barking dogs at 7:00 a.m. and that they want to control that to make sure that is not an issue. Larson stated they will be taking the dogs out two by two on leashes for the first round of outs. After that, they will be introduced out there in larger groups. McMillan stated the applicants have come up with a great plan and are very conscientious of the issues but that she is still struggling with the location. McMillan noted this is a small site next to a residential area as well as a commercial area. McMillan stated the City runs up against how different businesses will work with the neighborhoods and that the City has struggled in the past with the Narrows Saloon. McMillan stated in her view Navarre does not have a big enough commercial area and that there is quite a bit of residential tucked in there that the City needs to be very cognizant of. McMillan stated she does not want the applicants to make a big investment and then find out that it is problematic. McMillan stated her concerns have nothing to do with the applicants’ business plan or site plan but has to do with the location. McMillan asked if anyone would like to comment on this application. Tom Haugan, 3585 Lyric Avenue, stated he owns the property adjacent to this site and that he is here to speak in opposition of this. Haugan stated he does not do that easily and that he is pro-business. Haugan stated he knows these people are conscientious but that he does have some concerns. Haugan noted some of the Council Members talked about the sound and smell already but that he wants to talk about the traffic. Haugan stated currently in the morning Shoreline Drive is bumper to bumper as people try to head east. People get frustrated and they go up to where the drycleaner is and then go racing down Lyric. Haugan indicated there are a lot of people that do this every morning and that Lyric is being used like Shoreline Drive. Haugan noted one of the concerns people were talking about at the Navarre Festival was the traffic between the Navarre Park and the new Livingston Park, which is on Lyric. Haugan noted the Council also heard the number of suites being 54, but that there will also be 18 daycare dogs. Haugan stated presumably 18 dogs will be dropped off during rush hour, which will add to the traffic. Haugan stated he feels it is a great plan and no one wants to see an empty building, but that he does not see how it will work at this site with the traffic and safety issues. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, November 9, 2015 7:00 o’clock p.m. _____________________________________________________________________________________ Page 16 of 24 9. #15-3768/15-3780 MICHAEL AND LISA LARSON, 3569 SHORELINE DRIVE, TEXT AMENDMENT TO AMEND B-1 ZONING DISTRICT AND CONDITIONAL USE PERMIT (continued) Levang stated she likes the plan and the use of the building. Levang commented it is an odd piece of property in that the parking will be limited no matter what type of business is in the building. Levang indicated she is in favor of the application. Cornick stated he agrees with Council Member Levang. Cornick stated in his view there should be more inspections than once a year and that there should be inspections two or three times a year. Barnhart stated the Council can put any condition on the business if they feel it is appropriate. Barnhart indicated he is comfortable with the City’s licensing process, which is in place to help address the concerns, but that the Council could put additional inspections on this business for the first couple of years if they feel it is necessary. Cornick stated he would like to see, at a minimum, additional inspections during the first year. City Administrator Loftus stated the inspections typically look to see if the business is in compliance with what was applied for and that the animals appear to be in good health and well cared for. Loftus stated the inspector probably would not make much comment regarding noise during the inspection and that the police department would handle any noise complaints. Cornick stated other than the inspection issue, he would support what is before the Council tonight. McMillan stated the inspections would also look at the cleanliness of the facility as well. Printup asked where the 6-foot fence is. Barnhart stated there will be a 6-foot fence around this portion of the property and then a 6-foot fence around the outdoor relief area. Printup asked what is currently along the property line. Barnhart stated one of the conditions that Staff is recommending is that there be a 6-foot fence located along this area. Currently there is a chain link fence in that location and one of the conditions is to replace it with a solid 6-foot fence. Levang asked if it would go all the way up the backside of the building near the Dairy Queen. Barnhart stated he would not propose fencing there since the wall of the building would serve that purpose. Barnhart stated he would also recommend the landscaping be cleaned up a bit. McMillan asked if a taller fence would be helpful with noise and smells. Barnhart stated the fence would be more visual but that he is not sure it would have a tangible impact on the noise levels. Barnhart stated if the fence is taller than seven feet, then they would need to meet building code requirements. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, November 9, 2015 7:00 o’clock p.m. _____________________________________________________________________________________ Page 17 of 24 Walsh moved, McMillan seconded, Application No. 15-3768/15-3780, Michael and Lisa Larson, 3500 Shoreline Drive, to deny the text amendment and conditional use permit. VOTE: Ayes 2; Nays 3, Printup, Levang, and Cornick Opposed. Printup asked if the applicants would accept the added condition of a maximum 25-pound dog. Printup stated currently no restriction on the size is listed under Staff’s recommendations. Cornick asked how that would be enforced. Barnhart stated it would be enforced the same way the number of animals is enforced. Printup noted if the City receives any complaints, the conditional use permit would get another look. Barnhart recommended the weight restriction be added as Item 2h. Cornick asked if the applicants are fine with the 25 pound restriction. Lisa Larson stated that is okay. Mike Larson stated small breed dogs tend to be 25 pounds and under. Lisa Larson stated they will have a scale at the front desk. Printup moved, Levang seconded, to adopt ORDINANCE NO. 160, Third Series, An Ordinance Amending the Orono Municipal Code By Amending Section 78-1 Regarding Definitions, and 78-644 Regarding Dog Grooming and Spa Services. VOTE: Ayes 3, Nays 2, McMillan and Walsh opposed. Printup moved, Levang seconded, Application No. 15-3768/15-3780, Michael and Lisa Larson, 3500 Shoreline Drive, to direct Staff to draft an approval resolution granting a conditional use permit with the conditions listed in Staff’s report, and with Item 2h being added restricting the type of dog to breeds that are 25 pounds or less. VOTE: Ayes 3, Nays 2, Walsh and McMillan opposed. 10. #15-3774 MICHAEL STEADMAN ON BEHALF OF IRWIN JACOBS, 1700 SHORELINE DRIVE – PRELIMINARY PLAT APPROVAL This item was removed from tonight’s agenda at the request of the applicant. 11. #15-3784 CITY OF ORONO TEXT AMENDMENT REGULATING LIVING WALLS Barnhart noted the first time the City Council saw this application it was a text amendment intended to address two concerns raised by residents. The first component was lighting in residential areas and the impact it has on residential properties and the second was living walls impacting the view into lakes. The Planning Commission at its last meeting broke the text amendment into two pieces. The lighting issue will continue to be reviewed by the Planning Commission. Before the Council tonight is the living wall component. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, November 9, 2015 7:00 o’clock p.m. _____________________________________________________________________________________ Page 18 of 24 11. #15-3784 CITY OF ORONO TEXT AMENDMENT REGULATING LIVING WALLS (continued) At the last meeting the City Council had some discussion about living walls and how the City should address that concern. The Planning Commission seemed comfortable in recognizing the problem but they did not have a strong consensus of what the solution should be. Living walls are proposed to be defined by the ordinance as a combination of three or more evergreen plants that are six feet or more in height and planted in such a manner that their spacing is equal to the width of the plant. The City of Orono has placed great importance on the lake views enjoyed from homes on lakeshore properties. Barnhart stated he wants to be cautious with regulating landscaping and that most cities do not regulate it. The proposed ordinance defines a living wall and establishes the same as a nuisance when placed within the average lakeshore setback. A living wall must be evergreen plants planted. Evergreen plants include pine, arborvitae and spruce. Other plants, such as lilac, dogwoods, etc., that may provide similar screening characteristics part of the year are purposefully not included as these varieties are not likely to be chosen for nuisance landscaping. Trees placed by nature, regardless of size, type, and location, are not a living wall. Non-evergreen trees planted are not a living wall. This ordinance only identifies living walls in the required lake yard. Living walls for landscaping meeting that definition are frequently used for screening throughout the City. Barnhart stated he is looking for Council input tonight. Barnhart noted this is a Council initiated action and that there are no time limits to be worried about. McMillan stated Staff and Planning Commission have attempted to get a handle on this and that the City is looking at this due to some complaints it has received. McMillan stated the City is very protective of lake views but at the same time it is a whole new area of restriction. Walsh stated there are a lot of unintended consequences with the ordinance, such as whether things should be grandfathered in and who has the right to complain about the view and what type of view someone should have. Walsh stated given all those variables, he is not sure how that can be regulated. McMillan stated the City is attempting to protect a certain type of view shed and that the question is whether it should be taken to the next step to prevent someone from intentionally blocking someone’s view of the lake with landscaping. Levang noted the City has been very protective of that view and that the Council has denied variances in the past for anything blocking it. Levang stated a living wall absolutely does block that neighbor’s view and that she is in favor of crafting something. Levang stated the language should only apply to somebody who is directly impacted and not someone that lives three doors down. Levang stated in her view some type of limitation could be put on who has the right to complain. Levang stated in looking at the draft ordinance, it says of any considerable number of members of the public. Levang stated she is not sure if that means one or more persons or whether one homeowner can be the only person making a complaint. Barnhart stated he is not proposing to change that language at the present time. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, November 9, 2015 7:00 o’clock p.m. _____________________________________________________________________________________ Page 19 of 24 11. #15-3784 CITY OF ORONO TEXT AMENDMENT REGULATING LIVING WALLS (continued) City Attorney Mattick stated the only language that is being added is the language that is underlined. The considerable number language is language that is already in the ordinance regarding a nuisance. Levang asked what a considerable number is. Mattick stated the standard idea behind a nuisance is that it impacts a number of people. Mattick stated what he is hearing as part of the discussion tonight is that if it is not bothering the adjacent neighbors, the Council is not necessarily concerned about the person three doors down. Mattick stated this will be a hard standard to enforce. Printup asked if Staff has come up with any other cities regulating living walls. Barnhart stated there are some cities on the West Coast that regulate living walls. Barnhart indicated part of what has been drafted has been taken from the ones on the West Coast. Barnhart stated the challenge he has is that several of the neighborhoods are organically grown and that he attempted to be very cautious about just regulating living walls in the lake yard. Barnhart stated he is not sure how many properties this ordinance would impact and that the City does not regulate landscaping currently. Walsh questioned whether trees should be grandfathered in. Walsh stated in his view some of the living wall language is awkward and that he would probably say, in such a manner that their spacing width is equal or less than the height of the plants. Barnhart stated as it relates to the grandfathering, the text amendment was approached as a nuisance, and if it is strictly a zoning code issue, any living wall would be allowed to continue. Mattick stated it is arguably a legal nonconformity, and if zoning concepts are applied to a plant, as the plant grows, it would then be an expansion of a nonconformity. Printup stated he understands the spirit of the ordinance, but where it becomes difficult is that on one hand the City encourages protection of the environment and green space, but on the other hand the City is not going to. Printup stated the more he hears about it, it starts to get nerve racking. Loftus stated one way communities deal with living walls is to add it to the fence definition. Based on the pattern and spacing of evergreens, it can be defined as a fence. Loftus stated it rarely works easily since you will get into opaqueness. Loftus noted the City has strict regulations on fences currently but that a lot of people will plant their trees in a zig-zag fashion, which has the same or similar effect, but since they are not in a straight line, it technically is not part of that definition. Loftus noted Tonka Bay has included living walls in their fence regulations but it does not necessarily resolve the disputes. McMillan stated she would be interested in seeing Tonka Bay’s regulations. Walsh asked where the width is measured from. Walsh stated if the width is measured from the bottom, someone could trim it up four feet and then it does not apply. Walsh stated he can envision a lot of issues that are difficult to address. Walsh stated he would like to solve this problem but that there are too many loopholes. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, November 9, 2015 7:00 o’clock p.m. _____________________________________________________________________________________ Page 20 of 24 11. #15-3784 CITY OF ORONO TEXT AMENDMENT REGULATING LIVING WALLS (continued) McMillan stated people have also put chain link fences up and then planted arborvitae along the fence to hide it. McMillan stated she would like to see Tonka Bay’s ordinance. Loftus stated she does not consider Tonka Bay’s ordinance a success and that it would not necessarily be a model ordinance to follow. Loftus stated most of the time people are respectful of their neighbors and that the question is whether this ordinance will help address those situations where there is a problem. Loftus stated in her view it does not and that enforcing it would be difficult. Cornick asked if it would be a responsible option to do nothing. Walsh stated the other side of that is that City could also create more problems by doing something. Cornick stated even with a perfect ordinance, people will try to get around the ordinance, which may create more problems. Walsh stated if there are too many loopholes, there are too many of them, and that it would be impossible to address all of them. Printup stated the City could also move forward with it and then add to it if there are still complaints, which is not necessarily a good option. Walsh stated the City cannot regulate all types of behavior. McMillan asked if the City Council should table this. Barnhart stated the Council could do that, which would give him more time to understand the impacts. Cornick asked if the City could force arbitration on two neighbors. Mattick stated they cannot. Mattick stated if there is merely a disagreement between two neighbors but no ordinance is being violated, the City would not be able to do anything. Levang asked if the Planning Commission would be amenable to the Council tabling it to 2016. Barnhart stated in his view they would and that they recognize the problems and challenges with the ordinance, which is why they did not have a strong recommendation for the Council. Levang moved, Cornick seconded, to table Application No. 15-3784, City of Orono text amendment regulating living walls, and to direct Staff to place this ordinance on the 2016 City Council task list. VOTE: Ayes 5, Nays 0. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, November 9, 2015 7:00 o’clock p.m. _____________________________________________________________________________________ Page 21 of 24 12. #15-3787 DAVID AND LISA WIPSON, 2264 SHADYWOOD ROAD, VARIANCE – RESOLUTION NO. 6560 City Planner Curtis stated the applicants are requesting approval of a structural coverage variance to allow construction of a two-level detached garage with a 289 square foot footprint resulting in 16.9 percent structural coverage on the property. The home does not have a basement and the applicant has expressed a need for a storm shelter in addition to the added storage. Additionally, as part of this application, the applicants are requesting approval of a second driveway curb cut accessing to the rear of the property. At its October meeting, the Planning Commission held a public hearing and reviewed the application. There were no comments from the public at that time. The Commission voted 4-0 on a motion in favor of approval of the variance requested. An amendment recommending the applicant be required to provide evidence that the detached garage meets structural requirements for a storm shelter was included in the motion. In discussing the recommendation with the building official, Staff has learned there are no City requirements for single-family homes to provide storm shelters. The Code says if an area is designated as a storm shelter, it must comply with the wind load requirements of the International Building Code. Staff does not recommend the proposed garage conform to the storm shelter construction requirements as the garage will be required to meet the wind loads in the Residential Building Code. Curtis noted the applicants’ request does not exceed the total square footage of the 2014 application. Therefore, Staff’s recommendation is for approval. The Council should consider the request for a second driveway approach and structural overage variance. An approval resolution has been provided for Council review. Levang asked what the difference is between this application and the prior application that was approved. Curtis stated the current owner of the home is taking the total footprint and cumulative overhang and putting it into one building rather than two structures, which is the main difference and is more functional for the applicant. Levang stated she does not have a problem with the application. Walsh stated he also does not have a problem with the application and that it appears to be more about functionality than a storm shelter. Wipson stated under the previous application, they were proposing to add six feet on to the side of the garage. Due to the utility easement and a 12 x 12 structure, it just was not functional. Wipson stated having the garage with a basement where there is concrete on top also means a lot to them as a safe haven. McMillan asked if part of that road is on their property. Wipson indicated it is. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, November 9, 2015 7:00 o’clock p.m. _____________________________________________________________________________________ Page 22 of 24 12. #15-3787 DAVID AND LISA WIPSON, 2264 SHADYWOOD ROAD, VARIANCE – RESOLUTION NO. 6560 (continued) McMillan stated in her view the road is part of the practical difficulty. Wipson stated they also have an issue with water coming off of Crystal Bay Road. As the road loops around, there is a lot of runoff and that will be helped by putting in some retaining walls to deal with all that water. Wipson stated the retaining wall will not change the drainage but rather manage it through the property. There is also significant erosion of the class five gravel underneath the asphalt roadway and the retaining wall will help to manage that as well. McMillan noted the Council struggled a little bit the last time with the increase in structural coverage and that the City took steps to ease the hardcover requirements. Wipson stated the structural coverage will be 16.9 percent. Wipson stated it is a fairly deep lot and goes quite a ways back. Wipson stated when they acquired this property, they liked the fact that the lot appears to be much larger due to the city lot next to it. Wipson stated as far as the access to the back, when someone looks at the size of the building compared to the neighbor’s garage, it is significantly smaller and is not very large. Walsh moved, Printup seconded, to direct Staff to adopt RESOLUTION NO. 6560, a Resolution Granting a Variance from Municipal Zoning Code Section 78-1685 for the property located at 2264 Shadywood Road. VOTE: Ayes 5, Nays 0. *13. COUNCIL LIAISON TO PLANNING COMMISSION MEETINGS IN 2016 Levang moved, Printup seconded, to approve the schedule for Council attendance at Planning Commission meetings during 2016. VOTE: Ayes 5, Nays 0. MAYOR/COUNCIL REPORT Walsh reported he attended the Fire Department meeting and that there was a good discussion about shared services with other communities and best practices. Walsh stated in his view the meeting was very productive. Printup stated the Highway 12 Safety Committee is currently dealing with issues west of Orono. Turn lanes are being discussed for both north and south County Road 92 perhaps beginning next year. The committee is also looking at lighting options. Printup stated he would like to thank Senator Osmek for reaching out to Senator Dibble and Representative Kelly and inviting them to an event that the West Hennepin Safety Department is hosting on November 25. The event is to demonstrate the issues with Highway 12. McMillan noted the City received a handwritten note from Bill Lurton. Mr. Lurton indicated he had recently stopped by the park and that he is pleased with all that has been done there since he last visited. Mr. Lurton also made mention that his daughter said there is consideration for making a portion a dog park. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, November 9, 2015 7:00 o’clock p.m. _____________________________________________________________________________________ Page 23 of 24 MAYOR/COUNCIL REPORT (continued) McMillan indicated she did call Bill’s daughter today and that she said she would like to be involved in helping to plan and design the dog park. McMillan stated she mentioned that the City would like the Lurton family to be as involved as they would like to be. McMillan stated she would like to sit down with Park Commission Chair Meyers and Adam Edwards about a plan of action for designing that part of the park. Mr. Lurton indicated he would also like to keep part of the prairie. CITY ADMINISTRATOR’S REPORT City Administrator Loftus reported Financial Director Ron Olson and herself met recently with the Hennepin County Assessor’s Office who informed them that the average property value increase across Hennepin County was 3 to 4 percent for 2016. The last few years commercial properties have remained flat and residential values have experienced some growth. Loftus stated based on the preliminary levies that have been submitted to Hennepin County, Orono is by far one of the lowest and is well below the state average. Loftus stated in Orono, the non-lake residential will be seeing a 3 to 6 percent value increase and the lakeshore will see a 2 to 4 percent increase. The condominium and townhome market will see about a five percent increase. Loftus noted Hennepin County will be hosting another community open house for County Road 112 to discuss the road improvements. That open house will be held November 18 at Lake Community Bank in Long Lake from 4:30 to 6:30. Discussion will center on the temporary bypass and some of the project timelines and design. Loftus noted Council Member Walsh touched on the last fire department meeting. The Fire Department is approximately $2,500 over budget due to education and training. Calls are slightly down in the third quarter. The Fire Department committee will be looking at a new phone system for the fire station. Loftus noted the new fire truck was not discussed at the last meeting but that they have talked in the past about a committee looking into acquiring a new truck. Lotus stated the committee has not gotten an update on it lately but that she will follow up on that. *14. 2015 INTER-FUND TRANSFERS Levang moved, Printup seconded, to approve the transfers and loan payments as indicated on the Schedule of 2015 Interfund Transfers and Loan Payments. VOTE: Ayes 5, Nays 0. *15. AUTHORIZATION TO DISBURSE FUNDS FOR CLAIMS RECEIVED Levang moved, Printup seconded, to authorize the City Treasurer to disburse city funds in payment of claims received for the December 28 Council meeting, which has been cancelled, and that such paid claims be presented for formal approval at the January 11, 2016, Council meeting. VOTE: Ayes 5, Nays 0. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, November 9, 2015 7:00 o’clock p.m. _____________________________________________________________________________________ Page 24 of 24 *16. PROPOSED 2016 OFFICIAL CALENDAR Levang moved, Printup seconded, to approve the 2016 Official Calendar as submitted. VOTE: Ayes 5, Nays 0. *17. CLAIMS/BILLS Levang moved, Printup seconded, to approve payment of the All Funds Account. VOTE: Ayes 5, Nays 0. CITY ATTORNEY’S REPORT Levang moved, Printup seconded, to go into closed session 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 Nygard’s. VOTE: Ayes 5, Nays 0. (After a brief recess the Orono City Council went into closed session from 9:52 p.m. to 10:46 p.m.) ADJOURNMENT ATTEST _____________________________________ _______________________________________ Diane Tiegs, City Clerk Lili Tod McMillan, Mayor REQUEST FOR COUNCIL ACTION DATE: November 23, 2015 ITEM NO: 5 ______________________________________________________________________________ Department Approval: Administrator Reviewed: Agenda Section: Name Adam Edwards ATE JML Public Works Director/ Title Public Works Director/City Engineer City Engineer’s Report ______________________________________________________________________________ Item Description: Baldur Park Road Rehabilitation – Pay Request No. 1 ______________________________________________________________________________ List of Exhibits A- Recommendation Letter from Bolton & Menk B- Contractor’s Pay Request No. 1 1. Purpose. Gain Council authorization for Pay Request #1 for the Baldur Park Road Rehabilitation. 2. Background. On July 27th, 2015 the City awarded the contract for the road rehabilitation project to GMH. 3. Cost. Total Cost for the project is $ 182,123 broken down as listed below: Who Work Cost Bolton &Menk Design and Bid Engineering $ 23,850 GMH Baldur Park Road Construction $ 143,523 Bolton &Menk Construction Oversight $ 14,750 TOTAL $ 182,123 4. Funding. This project is funded as listed below: Funding Source Amount FEMA $ 59,223 General Fund $ 94,728 Storm Water Fund $ 14,597 Sanitary sewer Fund $ 13,575 TOTAL $ 182,123 5. Status. GMH has completed approximately 95% of the work and has requested payment of $120,540.98. (Exhibit B). Bolton and Menk has reviewed the payment request and confirmed that the work has been completed to standard (Exhibit A). COUNCIL ACTION REQUESTED: Motion to approve Pay Request No. 1 to GMH in the amount of $120,540.98 for the Baldur Park Road Rehabilitation project. REQUEST FOR COUNCIL ACTION DATE: November 23, 2015 ITEM NO: 6 ______________________________________________________________________________ Department Approval: Administrator Reviewed: Agenda Section: Name Adam Edwards ATE JML Public Works Director/ Title Public Works Director/City Engineer City Engineer’s Report ______________________________________________________________________________ Item Description: Watertown Road and Stubbs Bay Road Rehabilitation – Pay Request No. 3 ______________________________________________________________________________ List of Exhibits A- Recommendation Letter from Bolton & Menk B- Contractor’s Pay Request No. 3 C- Work Orders 1-5 1. Purpose. Gain Council authorization for Pay Request #3 for the Watertown Road and Stubbs Bay Road Rehabilitation. 2. Background. On May 11th, 2015 the City awarded the contract for the road rehabilitation project to Bituminous Roadways. Construction began on June 5th and is substantially complete. Remaining work includes a few punch list items as well as additional erosion control and seeding. 3. Cost. Total Cost for the project is $880,211 broken down as listed below: Who Work Cost Bolton &Menk, Inc Design and Bid Engineering $124,630 Bituminous Roadways Construction $686,481.30 Bolton &Menk, Inc Construction Oversight $69,100 TOTAL $880,211 4. Funding. This project is funded from MSA, the General fund and the Storm Water fund. 5. Status. Bituminous Roadways has completed approximately 95% of the work. Bolton and Menk has reviewed the payment request and confirmed that the work has been completed to standard (Exhibit A&B). Also enclosed are the 5 additional work orders that were issued as part of the project (Exhibit C). To date, the cost split by funding source for construction are: State Aid General Fund Storm Water Fund Total This Pay Request $ 38,687.80 $ 1,614.77 $ 1,150.45 $ 46,002.57 To Date 406,237.26 $ 146,370.85 $14,914.92 $ 567,523.03 COUNCIL ACTION REQUESTED: Motion to approve Pay Request No. 3 to Bituminous Roadways in the amount of $46,002.57 for the Watertown Road and Stubbs Bay Road Rehabilitation project. Date Application Received: 7/22/15 Date Application Considered as Complete: 7/22/15 120-Day Review Period Expires: 11/19/15 60-day Extension granted on 11/6/15 Expires: 1/18/16 REQUEST FOR COUNCIL ACTION Date: November 23, 2015 Amended: November 20, 2015 Item No.: 7 ______________________________________________________________________________ Department Approval: Administrator Approval: Agenda Section: Name: Michael P. Gaffron JML Planning Dept. Title: Senior Planner _____________________________________________________________________________________ Item Description: #15-3774, Michael Steadman o/b/o Irwin Jacobs, 1700 Shoreline Drive - Preliminary Plat Approval - Resolution ______________________________________________________________________________ List of Exhibits: A – Updated Draft Preliminary Plat Approval Resolution B – Draft Council Minutes 11-9-15 C – Council Minutes 10-26-15 D – Response Letter from Applicant’s Engineer received 11-20-15 E – Letter/report from Neighbor’s Engineer 11-6-15 w/sketch F – 60-Day Extension Request 11-6-15 At the October 26 meeting Council voted 4-0 to direct staff to prepare a Preliminary Plat Approval Resolution for review and consideration, reflecting the Council’s conclusion that Heritage Lane should be extended to a new cul-de-sac built to City standards. Just prior to the November 9 Council meeting the City received a memo from Todd A. Erickson, an engineer hired by the Foxhill HOA to independently review the development. This prompted the applicant to request tabling for two weeks to allow for a response, and applicant granted a 60- day extension to the review period. The Council tabled the application and it was not reviewed at the November 9 meeting; however, a number of persons commented on the project during public comments, and the draft minutes including those comments are attached. On November 17 a meeting between staff and applicant was held to discuss the application and address the items noted in Erickson’s report. Those in attendance included Senior Planner Mike Gaffron, City Engineer Adam Edwards, City Consulting Engineer Bob Bean, applicant Mike Steadman, applicant’s engineer Mark Gronberg, a representative for Svoboda Ecological Services, and Frank Svoboda via teleconference. The result of that meeting is a response to the issues noted in Erickson’s letter, prepared by Gronberg (see Exhibit D). Staff would note that many of Erickson’s discussion points are normally required to be addressed and resolved prior to final plat approval and are not expected to be fully addressed at the preliminary plat stage. Staff would also note that the variance for road length has been discussed at the PC and Council level, and all indications are that neither body has an issue with the length. The justifications for approval of this variance are included in the findings section of the preliminary plat resolution. It should additionally be noted that a private road from Shoreline Drive ending in a cul-de-sac to serve the three lots would have to be at least 1750 feet in length, i.e. longer than the extended Heritage Lane at 1600 feet. 15-3774 1700 Shoreline Drive November 20, 2015 Page 2 A variety of topics have been discussed during Planning Commission and Council review of the application. The attached draft Resolution attempts to address all relevant issues, including some that have not received much discussion. It is possible that certain items may require additional consideration if Council desires. To summarize the key elements of the Resolution: - Physical characteristics of the property and the proposed development are documented; - It is noted that a variance for road length is intended to be granted and justification for the variance provided; - Concerns of the Foxhill residents are noted in the ‘Findings’, and the Developer’s remedies for addressing those concerns are noted in the Conclusions, Order and Conditions; - The Conservation Design inventory and Master Plan are summarized, with the condition that the Conservation Design recommendations be adhered to; - Provision of municipal sewer to the property is discussed; a Sewer Connection Charge of $89,760 is established based on the 1998 Shoreline/Heritage Sewer project per the 2015 Fee Schedule – this includes connection of the three new homes plus the exiting main residence at 1700 Shoreline Drive; - It is noted that Lots 1 and 2 will have new existing grades established for height and story determination purposes; - The three Outlots along Shoreline Drive intended as future potential dockage for Lots 1 thru 3 are discussed, noting that this plat approval does not approve use of those outlots for dockage, but requires separate City and MCWD review and approval - The standard easements for wetland protection are required; the small wetland being filled for the road extension technically requires approval by MCWD, is not expected to require mitigation under the deminimus rules, and under Orono Code is required to be removed from the Wetland Overlay District. This process would occur as part of final plat approval; - Removal of the existing cul-de-sac wings is to be decided prior to final plat approval; - Minnehaha Creek Watershed District approval of the stormwater management plan and facilities will be required in order to gain final plat approval; - Recommendations of the City Engineer regarding stormwater management and other topics shall be addressed and adhered to: - Park Fee of $16,650 and Stormwater & Drainage Trunk Fee of $23,040 are established; - Final design for retaining walls will be required (the extension of Heritage Lane through the small wetland requires a retaining wall); - Development Agreement and Letter of Credit will be required; Staff Recommendation Staff recommends adoption of the attached draft resolution. Council should direct staff with regard to any necessary revisions in order to accurately reflect Council’s conclusions with regard to this plat. 15-3774 1700 Shoreline Drive November 20, 2015 Page 3 COUNCIL ACTION REQUESTED Review the attached draft resolution. If all issues of concern have been addressed, a motion would be in order to adopt the attached resolution entitled A Resolution Granting Preliminary Plat Approval for a Class III Subdivision of Property Located at 1700 Shoreline Drive - File No. 15-3774. REQUEST FOR COUNCIL ACTION DATE: 23 November 2015 ITEM NO: 8 _____________________________________________________________________________________ Department Approval: Administrator Reviewed: Agenda Section: Name Jeremy Barnhart JML Planning Department Report Title Community Development Director _____________________________________________________________________________________ Item Description: #15-3783, John T. Bessessen/ David Delany, 2465 Shadywood Road and 2500 Kelly Avenue, Sketch Plan _____________________________________________________________________________________ List of Exhibits Revised plan Applicants Narrative City Council packet dated October 12, 2015 Purpose. The applicant seeks Council input on a proposed 22 unit, single family neighborhood at 2465 Shadywood Rd and 2500 Kelly Avenue, totaling 4.3 buildable acres. The proposed development would require a rezoning and a comprehensive plan amendment, in additional to the subdivision process. Background. This revision is the latest attempt by the developer to present a plan acceptable to the Council. In October, the applicant presented a plan for 24 units on the parcels. The Council last reviewed a plan on October 12th. The packet from this meeting is attached. The land use guidance for the property: Kelly Ave. Shadywood Comprehensive Plan 2-3 u/ acre 4-15 u/ acre Zoning Ordinance 1 u/ acre Commercial Proposed 3.3 u/ acre 9 u/ acre Over all, the 22 units on 4.33 dry buildable acres yields 5.11 units per acre. However, for the Kelly Ave parcel, the proposed plan shows density higher than prescribed by the Comprehensive Plan, by the zoning ordinance, and higher than suggested by the City Council at their meeting on October 12th, minutes attached. Because the Comprehensive Plan informs the regulations outlined in a zoning ordinance, some modification should occur. The revisions include a reduction in the total number of lots, and an enlargement of the lot widths for the larger classes of lots, which are summarized in the following table. The applicants also propose the addition of common space including a space to house the preservation of a small barn. Largest lots (width) Medium sized lots (width) Smallest lots (width) 70' 80' 50' 60' 45' October 12 plan 5 7 12 November 23 plan 4 2 16 The additional lot width is intended to offer homeowners greater flexibility within the setbacks to avoid large trees or drainage requirements. These would be confirmed based on the more detailed preliminary plat. The developer also included the intended building sizes, 1,500 sq ft for the smaller lots, and 1,800 sq ft for the larger lots. With 22 units, the developer proposes a homeowners association which would maintain the grounds, including the streets, storm water and the common area. The developer believes an association offers greater protection of the existing trees on the property, as compared to what can be protected when properties are privately developed and individually maintained. The hatched areas shown on the plan are intended to represent the tree protection areas. These hatched areas do not reflect expected tree loss due to grading of the roads or the homes, or utility improvements, including storm water management. COUNCIL ACTION REQUESTED: Council is asked to comment on the proposed plan. Orono Navarre Development: Phase One N 25’ 5 0 ’ 7 5 ’ 0’ Dela n e y D r i v e Con s e r v a t i o n Z o n e Wetl a n d Kelly A v e n u e P P P a a t t h h h t t t o o B B B B B e e a a c c h h Future TrailShadywood Road 30 ’ x 3 0 ’ h o u s e , 8 0 ’ l o t 1 8 0 0 s f 30 ’ x 2 7 ’ h o u s e , 6 0 ’ l o t 1 6 2 0 s f 30 ’ x 2 5 ’ h o u s e , 4 5 ’ l o t 1 5 0 0 s f Reloc a t e d B a r n LI M I T S O F C O N S T R U C T I O N TR E E P R E S E R V A T I O N Z O N E 2 3 4 ’ 500 ’ 368’250’ 17 5 ’ “Your well-built project begins with and endures on Firm Ground” Firm Ground Architects & Engineers Inc. 612.819.1835 275 Market Street, Suite 368 info@firmgroundae.com Minneapolis, Minnesota 55405 www.firmgroundae.com | Follow us on November 17, 2015 A Planned Unit Development containing 22 single family home lots has been proposed for the area that is surrounded by Shadywood Road, Kelly Avenue, and Baywind Christian Church. The heavily wooded area with wetlands to the South will be protected and kept intact to provide a visual buffer zone between the existing neighborhood and the new construction homes. Based on a meeting with Orono officials Lili McMillan (Mayor), Jeremy Barnhart (Community Development Director) and Mike Gaffron (Senior Planner), we have proposed a scheme that we believe aligns with their suggestions and the city’s long term desires for the right kind of growth. Additionally we have taken comments from the sketch plan review with the City Council on October 12th and incorporated ideas and suggestions made over the course of that discussion. We have reduced the number of homes sites by 2 from 24 to 22 and spread the lots out so that they are larger to allow for more flexibility in siting to preserve the existing mature tree canopy on the overall site. We are also allowing the street to be more organic, again allowing us to work around existing trees. Only four of the homes will back up to the existing Conservation Zone on the site further reducing the potential for disruption of view form Kelly Avenue. Note the picture on the right is taken from what would be to the rear of the homes Firm Ground Architects & Engineers Inc. 612.819.1835 275 Market Street, Suite 368 info@firmgroundae.com Minneapolis, Minnesota 55405 www.firmgroundae.com | Follow us on that face Kelly Avenue. All of this vegetation falls within the Conservation Zone and would not be disrupted by construction of the new homes. As stated at the October 12th meeting we have also been in contact with the County regarding the improvements to Shadywood that would be required to address access and traffic. These suggested improvements will provide for an easier ingress and egress from the site onto Shadywood. Also please note that we will not have vehicular traffic access from Kelly Avenue, thereby allaying the fears of neighbors that we would be introducing additional traffic through their neighborhood. These homes will be designed by architects and designers to help achieve a cohesive distinguished boutique neighborhood atmosphere. We have been in contact with four different custom home builders who are excited about this opportunity and are motivated to build attractive homes that fit the vision we have for this site. Some of these homes will attract empty-nesters who would like to stay in Orono and reduce the need for upkeep of their larger homes, however it will not be a closed 55 plus community. Each lot on the 2500 Kelly Ave parcel closest to the lake will be 70-80 feet wide with a maximum of 2.5 unit/acre density allotment, lots on the Shadywood parcel will be 45’ wide and have a higher density allotment. Firm Ground Architects & Engineers Inc. 612.819.1835 275 Market Street, Suite 368 info@firmgroundae.com Minneapolis, Minnesota 55405 www.firmgroundae.com | Follow us on This unit count achieves the minimum density to receive water and sewer services and infrastructure desired by The Metropolitan Council. We will maintain the designated conservation easement with the existing tress to the south that will make it difficult if not impossible to see the new development from Kelly Ave. A feature of the PUD is the opportunity to control the site as a whole. This gi ves us the ability assure that the existing trees will remain in the proposed buffer and we can plan for effective storm water management. Moving forward, assuming approval of the outlined plan, we will provide a formal site plan for approval with civil engineering. The drawing set will include outlines for new locations for streets and utilities. The neighborhood will be large enough to economically support a homeowners association which will provide for and coordinate all landscape and maintenance services. The Home Owner’s Association will assure the long term commitment and care of the woodland and wetland areas. We will relocate and reuse the small barn found on the site using it both as a symbol of the history of the site and as a gathering place for the resident ’s use. The developer will create design guidelines for the development so each home built fits into the vision of a neighborhood street allowing for stylistic variation, controlling size, placement, and harmonization with the context. Overall the development is conservatively projected create a land value of $2.1 million to $2.6 Million and an overall property value of $11 million to $12 million once all of the homes have been built. All of this will have a positive effect on the Navarre community and Orono as a whole. REQUEST FOR COUNCIL ACTION DATE: 12 October 2015 ITEM NO: 15 _____________________________________________________________________________________ Department Approval: Administrator Reviewed: Agenda Section: Name Jeremy Barnhart RJO Planning Department Report Title Community Development Director _____________________________________________________________________________________ Item Description: #15-3783, John T. Bessessen/ David Delany, 2465 Shadywood Road and 2500 Kelly Avenue, Sketch Plan _____________________________________________________________________________________ List of Exhibits Planning Commission packet dated September 21, 2015 Revised plan Neighborhood comments Planning Commission draft minutes Purpose. The applicant seeks Council input on a proposed 24 unit, single family neighborhood at 2465 Shadywood Rd and 2500 Kelly Avenue. Lots range in width from 40 feet to 70+ feet. Background. The attached Planning Commission packet illustrates the most recent background, including Councils denial of a twin home project in April. The Planning reviewed the project on September 21. The staff report and minutes are provided. The Planning Commission commented on the density, access onto Kelly Avenue and traffic in general, and visibility of buildings on Kelly Avenue. During the Planning Commission meeting and since, staff has received a number of calls and emails, all in opposition to the proposed development. The callers are concerned with the proposed density, view into the wooded areas being impacted, and the access onto Kelly Avenue. Emails received are attached. The applicant has altered his plan since the Commission meeting, removing the access onto Kelly Avenue. The Fire Marshal did not have immediate concern with the removed access, but noted a turnaround of some sort will be required at the north end of Delany Ave. There is no vehicular connection onto Kelly Ave. The county has not approved the drive configuration, staff will look to coordinate the access location with other existing and anticipated drives in the area, on both sides of Shadywood Drive. COUNCIL ACTION REQUESTED: Council is asked to comment on the proposed plan. Date Application Received: 19 August 2015 Date Application Considered as Complete: 19 August 2015 120-Day Review Period Expires: 19 December, 2015 To: Chair Leskinen and Planning Commission Members Jessica Loftus, City Administrator From: Jeremy Barnhart, Community Development Director Date: September 21, 2015 Subject: #15-3783, John T. Bessessen/ David Delany, 2465 Shadywood Road and 2500 Kelly Avenue, Sketch Plan Public Hearing List of Exhibits Exhibit A. Application Exhibit B. Applicants narrative Exhibit C. Survey Exhibit D. Proposed Plans Exhibit E. Renderings of housing style Exhibit F. Resolution of denial Background In April 2015, the City Council denied a plat application for 8 dwelling units on 3 ± buildable acres. The homes were to be constructed in twin home structures. The Council felt that the density of 2.7 units per acre was inconsistent with the lower density of the neighborhood and development of twin homes on the property would be incompatible with primarily single family residential character of the neighborhood because of the massing of the twin homes. The resolution of denial is attached for reference. Proposal Based on this feedback, the applicants propose development of a 24 unit single family neighborhood on approximately 5.93 acres. A large easement impacts the lot adjacent to Kelly Avenue, reducing the effective buildable area to approximately 4.34 acres. Access to the lots will be provided by two streets with entrances off of Kelly Avenue to the Northwest, and one off of Shadywood Road. A carded gate system is proposed at Kelly Avenue to manage cut through traffic from/to Shadywood. A trail along Shadywood Road is proposed, as is a path to Lydiard Beach along the southern edge of the property. Approval of the intersection from Hennepin County has not yet been obtained. The applicants propose housing in three tiers. 12 smaller lots (40 feet wide) closer to Shadywood give way to 6 medium (50 feet wide ) and ultimately 6 larger lots (60 feet wide) along proposed Delaney Drive, and the wetland adjacent to Kelly Avenue. The houses nearer Shadywood will employ rear garages and a shared driveway, to minimize garage door appearance on the street. Application Summary: The applicant is requesting Planning Commission feedback of a proposed sketch plan for a 24 unit single family residential development Staff Recommendation: Planning Department Staff recommends the Planning Commission provide non-binding feedback on the project. #15-3783 September 21, 2015 Page 2 of 2 The applicant anticipates a variety of garage orientation for the remaining 12 lots. The applicant has provided renderings of the proposed houses, attached. Conformity with 2010 - 2030 Orono Community Management Plan The density numbers below reflect the effective buildable area, excluding the wetland and the easement area. The Community Management Plan (CMP) identifies 2 land uses for the subject property. The portion of the project adjacent to Kelly Avenue is Low-Medium Density residential at 2-3 units per acre. The portion along Shadywood is proposed as Mixed Use Residential, with density at 6-15 units per acre. The proposed plan provides housing at 4 units per buildable acre adjacent to Kelly Avenue, and 8.9 units per acre adjacent to Shadywood. The proposed subdivision does not conform to the CMP for the Kelly Avenue parcel, but does conform for the Shadywood parcel. The density proposed is 4.34 units per acre for the project overall. Relationship to Surrounding Development On the southwest side of Kelly Avenue are single family homes. Lots range in size between 0.9 and 2.9 acres. The Planning Commission should discuss if the lot sizes (likely in the 1.2 acre range for the largest along Kelly) are appropriate. Conformity with Zoning District Lot Requirements Currently, the parcel adjacent to Kelly Avenue is zoned LR1-B (1 acre minimum). The parcel adjacent to Shadywood is zoned B-4 Office/ professional. The proposal is not consistent with either of the current zoning. The applicant intends to develop the project as a PUD. Analysis of the PUD requirements have not been completed, pending Planning Commission and City Council feedback on the sketch plan. General Site Characteristics The site to be platted is currently two parcels totaling 5.93 + acres. A large wetland timbered area can be found along Kelly Avenue. A wetland delineation has been conducted and approved by the Minnehaha Creek Watershed District (MCWD); the delineated wetlands have been shown on the survey. The property has areas of existing woods throughout the property. Tree preservation easements could be considered at the time of final plat. The wetland area serves as an important link for control of storm water from the top of the hill as it works its way toward the Lake. Future plans will need to accommodate this water, as well as any additional water generated from the development. Public Comments There is no public hearing for a sketch plan; no comments for or against the project have been received. Issues for Consideration 1. Does the Planning Commission find that the proposed density is appropriate for the area 2. Is the traffic pattern appropriate for the neighborhood 3. Are the housing styles appropriate for the neighborhood? 4. Are there any other issues or concerns with this application? Scale: 1”=25’Orono Navarre Development: Phase One N 25’ 5 0 ’ 7 5 ’ 0’ Dela n e y D r i v e Con s e r v a t i o n Z o n e Wetl a n d Kelly A v e n u e P P a a t t h h t t o o B B B B B B B e e a a c c h h Future TrailShadywood Road 30 ’ x 3 0 ’ h o u s e , 7 0 ’ l o t 30 ’ x 2 7 ’ h o u s e , 5 0 ’ l o t 30 ’ x 2 5 ’ h o u s e , 4 0 ’ l o t MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, September 21, 2015 6:30 o’clock p.m. _____________________________________________________________________________________ Page 1 of 10 11. #15-3783 JOHN BESSESEN ON BEHALF OF DAVID DELANEY, 2465 SHADYWOOD ROAD AND 2500 KELLY AVENUE, SKETCH PLAN, 10:33 P.M. – 11:25 P.M. John Bessesen, Applicant, was present. Barnhart noted in April of 2015, the City Council denied a plat application for eight dwelling units on 3-plus buildable acres. The homes were to be constructed as twin home structures. The Council felt that the density of 2.7 units per acre was inconsistent with the lower density of the neighborhood and development of twin homes on the property would be incompatible with primarily single-family residential character of the neighborhood because of the massing of the twin homes. The applicants are now proposing development of a 24 unit single-family neighborhood on approximately 5.93 acres. A large easement impacts the lot adjacent to Kelly Avenue, reducing the effective buildable area to approximately 4.34 acres. Barnhart noted this is a sketch plan review and the project would require a rezoning of the property. Access to the lots will be provided by two streets with entrances off of Kelly Avenue to the northwest and one off of Shadywood Road. A carded gate system is proposed at Kelly Avenue to manage cut through traffic from/to Shadywood. A trail along Shadywood Road is proposed, as is a path to Lydiard beach along the southern edge of the property. Approval of the intersection from Hennepin County has not yet been obtained. The applicants propose housing in three tiers. Twelve smaller lots, 40 feet wide, closer to Shadywood give way to six medium *50 feet wide) and ultimately six larger lots (60 feet wide) along proposed Delaney Drive and the wetland adjacent to Kelly Avenue. The houses nearer Shadywood will employ rear garages and a shared driveway to minimize garage door appearance on the street. The applicant anticipates a variety of garage orientation for the remaining 12 lots. On the southwest side of Kelly Avenue are single-family homes. Lots range in size between 0.9 and 2.9 acres. The Planning Commission should discuss if the lot sizes are appropriate. MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, September 21, 2015 6:30 o’clock p.m. _____________________________________________________________________________________ Page 2 of 10 In addition, the parcel adjacent to Kelly Avenue is zoned LR1-B which has a one acre minimum. The parcel adjacent to Shadywood is zoned BB-4 Office/Professional. The proposal is not consistent with either of the current zoning. The applicant intends to develop the project as a PUD. An analysis of the PUD requirements has not been completed at this point and is dependent on Planning Commission and City Council feedback on the sketch plan. Tom Wasmoen stated after the April meeting, they sat down with City Staff and Mayor McMillan and talked about a plan that would meet the Metropolitan Council’s requirements for density and a plan that the City could support. Some of the other improvements include incorporating the piece out to Shadywood, which will create more of a buffer for the residential area. Wasmoen noted the feedback initially at the City Council meeting was no big houses or multiple housing. The thought with this development is by doing the 12 units, they could be starter homes that would be in the $350,000 to $400,000 range. The more wooded area with the larger lots would be in a slightly upgraded price range. Wasmoen stated under their proposal, the conservation zone would be protected. Wasmoen stated the only reason a lengthy drive is shown coming back to Kelly Drive is to have a through route for emergency vehicles and installing a gate. Only the residents would be able to access the gate. Wasmoen stated by presenting this as a PUD with an association of homeowners, they would have more control over how runoff is handled and the specific locations of the homes. Wasmoen indicated there is some room to move the house locations around but that they have basically created a very large area that will stay wooded and out of the ravine. The homes have been logically placed to have the least amount of impact on the site. Wasmoen indicated he has also walked the site during the fall and summer and that the homes should not be visible from the lakeside. Wasmoen stated in his view this development will be invisible from the lake. Wasmoen stated if you compare these lots to the homes on the other side of the church, they are creating lots that are similar in size and scope to the other inland lots and not the ones on the lake. Wasmoen MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, September 21, 2015 6:30 o’clock p.m. _____________________________________________________________________________________ Page 3 of 10 stated they are attempting to create a cohesive little neighborhood and building a mix of homes that would appeal to the empty nester. The prices would range from 350,000 up to perhaps a million dollars. Wasmoen stated one other piece to the development is to create a path at the end of the hammerhead. There is some room to elongate that and then have a path down to Kelly to allow people who live in the neighborhood to access the public beach. Wasmoen stated because it would be developed as a PUD, there would be a homeowners association and there will be design criteria that homeowners would have to meet so there will be cohesiveness to the neighborhood. Wasmoen indicated he has spoken with three custom home builders and they feel this is an appropriate use of the property and they are excited about building the homes. Wasmoen stated in his view more thought has gone into this concept plan and that they wanted to make sure they incorporated comments from the City Council and the Planning Commission into this design. Wasmoen stated by incorporating the Shadywood parcel into this development, it will help to create more of a buffer. Schoenzeit asked what the chances are to obtain a curb cut onto Shadywood. Berg noted there is a curb cut there now. Barnhart stated he does not want to guess at what chance there is for a curb cut for this development, but that it would depend on how far away from the intersection it is and whether it lines up with a logical location on the other side of the street. Schoenzeit stated the gate is nice, but without that access, the whole thing kind of falls apart. Wasmoen stated Mr. Bessessen had a discussion with the County previously on one of the other sketches and that the County said as long as you can get off on Kelly Drive, that would be good. Wasmoen stated with the apartment building, the County did not see any reason to allow that access, but because of what is being proposed now, it falls more into what they recommended. Wasmoen stated that was a discussion that happened previously but the logic is there to allow the access. Berg asked how the units could be increased to 12 when the City was not in favor of the five units. MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, September 21, 2015 6:30 o’clock p.m. _____________________________________________________________________________________ Page 4 of 10 Wasmoen stated the twin units were 70 to 80 feet wide and very different from what is being proposed now. Wasmoen stated in his view there was a real resistance to that scale of building on the site, and that the issue is where the Metropolitan Council stands on what they would like to see for number of units per acre and being able to develop this in a way that met the feedback that was given at the Council meeting. Berg stated in her view 12 units on this piece of property is too much density. Berg stated she also does not feel they should go on Kelly at all and that everything should go out to Shadywood. Berg stated due to this property being so close to the intersection, no one is going to go out on County Road 19. Berg stated she knows what it is like to get out from Lydiard, and that what is going to happen is they are all going to go down Kelly to Lydiard, which will bring all sorts of traffic into the neighborhood. Berg noted the Planning Commission had a big discussion earlier in the evening about children and safety. Berg stated Kelly Avenue is a short cut during the summer when people are backed up at the stoplight. Berg stated in her view that needs to address. Wasmoen stated only the residents themselves would have access through the gate. Berg stated if there are 24 units and everyone has two cars, there would be 48 more cars coming into this neighborhood. Berg stated over and over it has been said that that was too dense for this property. Berg stated she would locate more homes on the Shadywood property and that she just does not understand why they are looking at 12 units on the residential piece. Wasmoen stated they are going with the three units per acre because it is a requirement of the Metropolitan Council. Wasmoen stated the amount of density was discussed as well as the ability of their client to develop the property to the best use when they met with Staff. Wasmoen stated they need to get to an economical number of homes in order to have a homeowners association and make the development work. Wasmoen noted he had originally shown 32 units on the first sketch and that he has decreased it to three per acre. Wasmoen stated in terms of Kelly, he would not have put the curb cut there, but that when they sit down with the fire marshal, he is going to ask why the street does not go through. Wasmoen stated he felt the gated access would alleviate the traffic concerns. MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, September 21, 2015 6:30 o’clock p.m. _____________________________________________________________________________________ Page 5 of 10 Berg stated he is sending more traffic into the neighborhood. Wasmoen stated the residents of this development will be just as concerned about traffic. Berg stated she sees no reason to have the access onto Kelly. Wasmoen stated they can bring the application back after they have talked with the fire marshal but that he is fairly confident the fire marshal will want a through street. Leskinen stated she would agree that it is a little too dense for this area given the traffic concerns. Wasmoen indicated they did discuss the density with Staff and that it boils down to a certain number given the size of the lots. Leskinen stated it feels like a lot for this area given the current traffic issues. Leskinen noted the top parcel is zoned B-4 for potential mixed use, and that she was disappointed to see that it would be single- family. Leskinen stated she thought mixed use on Shadywood would be appropriate. Landgraver stated on the Kelly Avenue side, it does seem like there is still massing there and that he would like to see them spread out but topographically it might not be possible. Wasmoen indicated the homes could be spread out more than what they are, but one of the reasons they did not do that was to preserve a larger green area. Landgraver stated a thought would be to limit the access to Kelly to maybe just the houses on the south side of Delaney and direct all the other people out on Shadywood. Landgraver stated in his view people will go down to Kelly if they can. Landgraver stated the City has a density issue as it relates to city water and sewer and that they keep kicking the can down the road. Landgraver noted the applicants are not proposing to build this as dense MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, September 21, 2015 6:30 o’clock p.m. _____________________________________________________________________________________ Page 6 of 10 as originally proposed and that this development is probably well thought out in terms of spreading the density out over the residential area to the commercial area, which is much more dense. Wasmoen stated it would be a good buffer. Wasmoen stated if you do a visual, you will barely be able to see the six homes from Kelly and that they will be planting additional trees in that area. Wasmoen stated they will not touch that whole piece and it will be masked from Kelly. Wasmoen stated visually it will not be an impact off of Kelly except for where the drive will go. Lemke stated from a density standpoint the plan makes sense and that there is a buffer all around the site. Lemke stated the City needs some higher density areas. Wasmoen stated there are some architecturally designed homes contained in the Commission’s packet and that they are looking at homes with good curb appeal and attempting to create a walkable street. Berg asked if he is thinking two-story homes. Wasmoen indicated they would be two stories or a mixture of one to two stories. Berg stated a story and a half may be more appropriate towards Kelly and then two stories on the Shadywood piece. Berg stated if they are trying to preserve the green area, a two or three-story house would not be something that she would recommend. Schoenzeit asked if the density they are showing matches the Comprehensive Plan. Berg stated she does not agree with the Comprehensive Plan and that it is not well thought out. Berg stated the density on the Shadywood side is not a problem but that the density should be limited on the Kelly Avenue side. Schoenzeit noted the density outside of the gate is higher than what is being proposed here with the four townhome units. Thiesse stated the plan seems to be pretty good but that there are some issues with access onto Kelly. Thiesse stated in his view they will not be able to build without the connection to Kelly. MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, September 21, 2015 6:30 o’clock p.m. _____________________________________________________________________________________ Page 7 of 10 Berg stated it is very difficult to get out onto Kelly at certain times of the day. Thiesse stated the City will need to look at how that can be fixed. Wasmoen stated the Shadywood parcel has 12 units on it and the Kelly side has six units. Wasmoen stated the other option is to take one of the units that face Kelly and place it on the other side Barnhart stated he would prefer to collect comments from the Planning Commission and perhaps take public comments tonight and then bring the sketch plan back. Barnhart stated he has heard concerns with density near Kelly Avenue, traffic issues onto Kelly, and the height of the buildings from Kelly. Wasmoen asked if they could have a review of the plan by the fire marshal. Barnhart stated it can be reviewed but that he would hesitate to make the plan too detailed at this point until there is some understanding of the position of the City Council. Barnhart stated he wanted to get the Planning Commission’s first impression of the plan and that the plan will be fine-tuned. Wasmoen stated a review by the fire marshal would resolve the issue of whether access t Kelly will be allowed. Wasmoen stated in his experience with the fire marshal he will want this to be a through street. Berg stated limiting the number of cars that could access Kelly would be an option. Thiesse noted Orono has a number of cul-de-sacs, and asked whether a cul-de-sac could be constructed in this situation. Gaffron stated the majority of the cul-de-sacs are located in the rural areas and that he does not know on which side the fire marshal will weigh in on. Schoenzeit stated he would show it with a cul-de-sac if they really do not want a through street. Leskinen suggested also approaching Hennepin County regarding access to Shadywood. Leskinen stated if they are not able to get access onto Shadywood, that would dramatically change the plan. MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, September 21, 2015 6:30 o’clock p.m. _____________________________________________________________________________________ Page 8 of 10 Leskinen noted this is a sketch plan review and that typically a public hearing is not required but that there are a number of people in the audience that may wish to comment on the proposal. Barnhart stated it would not necessarily be a public hearing but that the Planning Commission could hear public comments. Chair Leskinen stated she would allow public comment at this time. Ralph Kempf, 3675 Togo Road, stated as it relates to concerns about traffic in the neighborhood, he would note that in the morning traffic is usually going toward Excelsior and Highway 7 or Highway 15. If someone is going to Minneapolis, going out on Shadywood is not going to work since they would not be able to make that left turn. Kempf stated what someone will be able to do is go down to Kelly, not drive through the neighborhood but take a right, go by the grocery store, and then merge with a right turn onto 15. Kempf stated the cars will not go all the way through the Kelly neighborhood. Berg stated that is not what happens. Kempf stated for the other people who are going toward Excelsior, it would be quicker to go out and take a right on Shadywood rather than drive through Kelly. Kempf stated if he was going out to 15, he would run out and take a right. Kempf stated if he was going to Excelsior, he would not drive all the way through the Kelly neighborhood. Kempf stated in his view the fire marshal would have a problem with it as well as the county given the left turn. Kempf stated it is likely the county will require an access onto Kelly. Judy Fredrickson, 2575 Kelly Avenue, stated she is incredibly disappointed to be back tonight and that she is also disappointed with the applicants as well as with Mr. Gaffron. Fredrickson stated she realizes Mr. Delaney has the right to come back and address the Planning Commission, but that he does not have the right to keep coming back with the same plan. Fredrickson stated he continues to come back with a plan that proposes access onto Kelly Avenue. The applicants have brought a plan for Kelly Avenue time and time again and the City Council has voted no. Fredrickson stated Mr. Delaney has every right to bring a plan forward for the Shadywood part but that the City Council said no on the Kelly Avenue side, MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, September 21, 2015 6:30 o’clock p.m. _____________________________________________________________________________________ Page 9 of 10 that there would be no rezoning of that property and that it should be single-family dwellings. Fredrickson stated the Council further said that it should be single-family one acre, which would be three single-family homes. Fredrickson stated they are now asking to construct 12 homes on that area. Fredrickson stated based on that prior feedback and for them to now ask for 12 is ridiculous and insulting. The City Council voted against it and now everyone is back here again at 11:15 at night talking about the same thing. Fredrickson stated the City Council said they felt that the density of 2.7 units per acre was inconsistent with the lower density of the neighborhood and the development of twin homes would be incompatible with the single-family residential character. Now what is being prosed is 24 units on 4.3 acres, which is a density of .18. Fredrickson stated before it was 3.75 units per acre and now it is .18. Fredrickson stated the new proposal is now twice as dense as the first proposal. Fredrickson stated Mayor McMillan did not say she wanted a lot of starter homes. The reference to the Metropolitan Council is also not true. At the City Council meeting, they talked about the Metropolitan Council, but it was in reference to housing for people who cannot afford housing and access to places to shop for groceries and drug stores. Fredrickson stated the kind of people that would be interested in that type of housing will not be shopping at Lunds since everyone knows that store is expensive. Fredrickson stated the Metropolitan Council is not talking about that kind of density for this area and that they are talking about the Highway 12 corridor and not Navarre. Fredrickson stated the applicants should quit kidding around that the Metropolitan Council is trying to bring in cheap housing in this area and that they should leave Kelly Avenue alone. Fredrickson stated if they want to talk about the new project, they can, but that they should leave Kelly Avenue alone because the residents will fight this. Fredrickson noted 30 feet is the width of this room and that they are proposing 30-foot houses. Fredrickson stated they cannot squeeze 24 houses on this land and that 30-foot homes would not fit in with the rest of the neighborhood. Fredrickson stated they are proposing three, four units on an acre, and then act like they took the residents and Council’s feedback. Fredrickson stated the only reason they are here again is for a return on investment for Mr. Delaney. Fredrickson requested they leave Kelly Avenue alone, noting that the City Council has spoken. MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, September 21, 2015 6:30 o’clock p.m. _____________________________________________________________________________________ Page 10 of 10 Frank Masserano, 2650 Shadywood, stated when the Council reviewed the previous application, they said they wanted larger to moderate sized homes on this parcel with one acre minimum per house. Masserino stated they talked about homes of about 4,000 square feet. Masserano stated he and his wife are grateful to the Council and Planning Commission when they worked with the City on their property. Masserano stated they cleaned the proeprty up and have 2.3 acres right now door to this property. Masserano noted Mr. Delaney has owned this property for a long time. Masserano stated the dentist is willing to sell his land and that Mr. Delaney could double his land if he purchases it. Masserano stated he believes in getting a return on your investment but that he would like to have them do what they have done, which is to purchase additional land. Tom Wasmoen stated the first issue he would like to address is the fact that the mayor stated very clearly at the City Council meeting that she did not want to see big homes on this parcel. The mayor did not like the idea of three big homes on this property and that she wanted something to keep people in the neighborhood. Wasmoen stated in his view homes that start in the $350,000 to a million dollar range will attract people of a high caliber and that there will not be people buying these homes who cannot afford to be in this neighborhood. Wasmoen stated they are not low income homes but would be homes that will be aimed at people who want to stay in the community or come into the community. Wasmoen stated given the fact that this development is right up against the retail, in their view it would be a lot easier to market homes of this nature versus trying to sell a $4 million dollar home sites right behind Lunds. Wasmoen stated he hopes the Planning Commission can see that they are trying to create homes that will bring value to the community. Leskinen noted this is a sketch plan and that no formal action needs to be taken by the Planning Commission. Leskinen stated the Planning Commission has provided their feedback and that the sketch plan will go before the City Council. REQUEST FOR COUNCIL ACTION DATE: 23 November, 2015 ITEM NO: 9 _____________________________________________________________________________________ Department Approval: Administrator Reviewed: Agenda Section: Name Jeremy Barnhart JML Planning Department Report Title Community Development Director ____________________________________________________________________________________ _ Item Description: #15-3768/ 15-3780 Michael and Lisa Larson,3596 Shoreline Drive, Text Amendment to Amend B-1 Zoning District and Conditional Use Permit _____________________________________________________________________________________ List of Exhibits A. Draft Resolution B. November 9 City Council packet Purpose. Approve by resolution the Conditional Use Permit for the Woofington. Background. At its meeting on November 9th, the Council voted 3-2 to approve a text amendment and Conditional Use Permit for the Woofington, the proposed indoor dog boarding and day care facility at 3596 Shoreline Drive, directing staff to prepare a resolution of approval. That draft is attached, and includes the conditions discussed by the Planning Commission and City Council. COUNCIL ACTION REQUESTED: Staff recommends approval of the Resolution with any changes deemed necessary. Page 1 of 6 A RESOLUTION A CONDITIONAL USE PERMIT PURSUANT TO MUNICIPAL ZONING CODE SECTION 78-644 SUBSECTION 11 THROUGH13 FILE NO. 15-3780 WHEREAS, A Plus Properties LLC, a Minnesota Limited Liability Company (hereinafter “the Owner”) is the owner of the property located at 3596 Shoreline Drive within the City of Orono (hereinafter the “City”) and legally described as: Lots 11-14, Block 7, Navarre Heights, Hennepin County, Minnesota (hereinafter the “Property”); and WHEREAS, Michael and Lisa Larson are the operators of “the Woofington” (hereinafter “the Operators”) to be located on the Property; and WHEREAS, the Operators have made application to the City of Orono for a conditional use permit (hereinafter the “CUP”) pursuant to Orono Municipal Zoning Code Section 78-644 Subsections 11 through13 in order to operate a Dog Boarding, Dog Daycare, and Dog Grooming Facility; and WHEREAS, after due published notice and mailed notice in accordance with Minnesota Statutes and the Orono, Minnesota, City Code, public hearings were held by the Orono Planning Commission on September 21, and October 19, 2015 and by the Orono City Council on November 9, 2015 at which times all persons desiring to be heard concerning this application were given the opportunity to speak thereon. FINDINGS 1. This application was reviewed as Zoning File #15-3780. 2. The Property is located in the B-1 Retail Sales Commercial Zoning District which requires a minimum lot area of 20,000 square feet and a minimum lot width of 100 feet. 3. The Planning Commission reviewed this application at a public hearing held on September 21 and October 19, 2015 and recommended approval of the CUP based on the following findings: a. The Property is 27,000 square feet in area and 100 feet in width. Page 2 of 6 b.The proposed use is listed as a permitted use within the B-1 Retail Sales Zoning District and therefore is appropriate in the zoning district. c.The modifications to the building and site will improve the character of the neighborhood. d.The building design and layout will mitigate the noise levels resulting from the Woofington in the neighborhood. e.The operations of the business will manage noise in the neighborhood. f.The amount of parking available on the Property limits the use of the building, due to the ratio of parking to building size. g.The Operators and Owner agree to the conditions outlined below. 4.The City Council on November 9, 2015 considered this application including the findings and recommendation of the Planning Commission, reports by City staff, comments by the Owner, Operators and the public, and the effect of the proposed conditional use permit on the health, safety and welfare of the community. 5.The City Council finds that the Operators’ request would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants a CUP pursuant to Orono Municipal Zoning Code Section 78-644 Subsections 11 through13, subject to the following conditions: 1.This CUP is to improve and operate an indoor dog day care, indoor dog boarding, and grooming facility at the Property as shown on the site plan and building elevations attached as Exhibit A. Any amendments to the plan which are not in conformity with City codes may require further Planning Commission and City Council review. 2.The capacity of the facility is 72 dogs (1 dog per 85 square feet; 6,160 square feet/85 = 72 dogs. The total number of dogs on the Property at one time shall not exceed capacity of the facility. ). 3.Dogs boarded overnight (Boarding) or during the day (Day Care) shall be limited to those 25 pounds or less. Page 3 of 6 4. The Operators shall maintain a City of Orono kennel license annually as required in City Code Section 62-181. Failure to maintain the kennel license shall render the CUP lapsed. 5. Dogs shall be supervised while outdoors at all times. 6. No more than 10 dogs may be outdoors at any one time. 7. The trash enclosure shall be constructed of materials consistent with the principal structure and located as approved by staff. 8. A solid 6’ fence shall be constructed between the Property and the adjacent residential properties to the east. 9. When the average occupancy level for three consecutive months exceeds 50% of capacity, the business shall be staffed overnight. 50% capacity is 36 dogs (72 x 0.5 = 36). 10. A 24-hour contact number shall be posted on the exterior of the building that can promptly respond to concerns or complaints. Authorities granted by this resolution run with the Property not with the Operators or Owner, but are permissive only and must be exercised by obtaining a building permit for the new construction and commencing construction of said project. A satisfactory final inspection interior improvements must be completed within one year of the date of Council approval, or the CUP will expire on that date (November 23, 2016). Violation of or non-compliance with any of the terms and conditions of this resolution shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. The undersigned Owner and Operators have read, understand and hereby agree to the terms of this resolution and on behalf of the Owner and Operators and the Owner’s heirs, successors and assigns, hereby agree to the recording of this resolution in the chain of title of the Property. Adopted by the Orono City Council on the 23rd day of November, 2015. ATTEST: __________________________ _____________________________ Diane Tiegs, City Clerk Lili Tod McMillan, Mayor Page 4 of 6 Page 5 of 6 A Plus Properties LLC A Minnesota Limited Liability Company By: __________________________________________________________ its Chief Manager. (Paul Johncox) STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this _____ day of ____________, 20__, by Paul Johncox, the Chief Manager of A Plus Properties LLC, a Minnesota limited liability company, on behalf of the limited liability company. ____________________________________ Notary Public Page 6 of 6 ___________________________ _____________________________ Michael Larson, Operator Lisa Larson, Operator STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this _____ day of ____________, 20__, by Michael Larson, husband of Lisa Larson. ____________________________________ Notary Public STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this _____ day of ____________, 20__, by Lisa Larson, wife of Michael Larson. ____________________________________ Notary Public REQUEST FOR COUNCIL ACTION DATE: 9 November, 2015 ITEM NO: 9 _____________________________________________________________________________________ Department Approval: Administrator Reviewed: Agenda Section: Name Jeremy Barnhart JML Planning Department Report Title Community Development Director _____________________________________________________________________________________ Item Description: #15-3768/ 15-3780 Michael and Lisa Larson,3569 Shoreline Drive, Text Amendment to Amend B-1 Zoning District and Conditional Use Permit _____________________________________________________________________________________ List of Exhibits A. Draft ordinance B. Revised site plan and floor plan C. Applicant supporting letter D. neighborhood information dated November 2, 2015 E. Letter of opposition dated October 30, 2015 F. Council packet September 28, 2015 RE text amendment G. Council minutes, September 28, 2015 H. Planning Commission packet October 19, 2015 RE conditional use permit I. Planning Commission draft minutes, October 19, 2015 Purpose. The applicants request approval of two actions: 1. Amend the zoning district regulations to include indoor dog boarding, indoor dog day care, and dog grooming as conditional uses in the B-1 zoning district. 2. Approve a conditional use permit for The Woofington, an indoor dog boarding, indoor dog day care, and dog grooming business at 3596 Shoreline Drive, housing up to 72 dogs at one time. Background. The Planning Commission and City Council have reviewed these applications on a number of occasions. The text amendment was recommended for approval by the Planning Commission on August 17th. The Council tabled discussion on both Sept 14th and 28th. The Conditional Use Permit was reviewed by the Commission on September 21st, tabled, and recommended for approval on October 19th. The packets for the September 28 City Council and October 19 Planning Commission meetings are attached, as are the minutes from those meetings for more information. A 60 day extension to the 60 day rule has been taken for both applications. The extension to the text amendment application 15-3768 will expire November 30, 2015. The extension to the CUP application 15- 3780 will expire January 1, 2016. Text Amendment. On September 28th the applicant provided a list of similar businesses located near residentially zoned properties. Council and Planning Commission members were invited to inspect these areas. The B-1 zoning district allows, by right, pet shops, which inherently include live dogs and cats for sale. There is no regulation regarding the number of animals. The zoning district allows, as a conditional use, garages for automotive repair, provided repair occurs indoors. The concerns with automotive garages are often the sound from clanking tools and the whine of air and power tools. The requirement to place the garage business within the building is consistent with the definition of indoor dog boarding and indoor dog day care. The only outdoor activity is relief. Given the service nature of the business, licensing and conditional use permit requirements, Staff believes this use is appropriate in the B-1 zoning district. Conditional Use Permit The Planning Commission recommended approval of the conditional use permit with 5 staff recommended conditions and two added conditions: When the occupancy level for three consecutive months exceed 50% of capacity, the business shall be staffed overnight. Capacity of the facility is 72 dogs (1 dog per 85 square feet. 6160 square feet/ 85 = 72). 50% capacity is 36 dogs (72 x 0.5 = 36). A 24 hour contact number shall be provided that can promptly respond to concerns. Concerns The primary concerns raised thus far have focused on noise generated by barking dogs, and the concern that this sound could continue unabated for any length of time. These concerns have been received wither during the numerous public hearings or via phone call. To date, one letter in opposition has been received, attached. Staff has spoken with the planners in Richfield, Minnetonka, Medina, and Plymouth, they have reported similar concerns during their review process. Once operational, these businesses have generated no complaints. The Commission, given the sound mitigation measures proposed for the building, seemed comfortable with sound indoors, but concerns outdoors remain. The condition that dogs outdoors be supervised at all times is intended to address that concern, as is the capacity related condition. The applicants were encouraged to reach out to the neighboring properties to provide more information, and to hear their concerns first hand. The applicants were unable to connect with the property owners after repeated attempts, but a letter was sent to the property owners. This letter is attached. COUNCIL ACTION REQUESTED: Staff recommends the following: 1. Approval of the B-1 zoning ordinance as drafted 2. Approval of the Conditional Use Permit to include following conditions: a. The use is a listed permitted or conditional use in the B-1 zoning district. b. The operator shall maintain the annual kennel license. Failure to maintain the kennel license shall render the Conditional Use Permit lapsed. c. Dogs shall be supervised while outdoors at all times. d. The trash enclosure shall be constructed of materials consistent with the principal structure and located as approved by staff. e. A solid 6’ fence shall be constructed between the subject property and the adjacent residential properties. f. When the average occupancy level for three consecutive months exceed 50% of capacity, the business shall be staffed overnight. Capacity of the facility is 72 dogs (1 dog per 85 sq ft. 6160 sqft/ 85 = 72). 50% capacity is 36 dogs (72 x 0.5 = 36). g. A 24 hour contact number shall be provided that can promptly respond to concerns. 3. Direction to prepare a resolution for approval or denial for consideration at the next City Council meeting. Date Application Received: 9/23/15 Date Application Considered as Complete: 10/8/15 60-Day Review Period Expires: 12/6/15 REQUEST FOR COUNCIL ACTION Date: November 23, 2015 Item No: 10 Department Approval: Administrator Approval: Agenda Section: Name: Mike Gaffron JML Planning Title: Senior Planner Item Description: #15-3789 - The Broadway Group LLC o/b/o Michael Fegers, 3590 North Shore Dr. - Variances Zoning District: LR-1C, One Family Lakeshore Residential, 1/2-acre, 100’ Existing Lot Area & Width: 13,954 s.f. (0.32 ac); 92’+ at OHWL and 75’ Setback List of Exhibits: Exhibit A. Updated Revised Survey with Staff Notations Exhibit B. Initial Survey / Revised Survey Comparison Exhibit C. Draft Planning Commission Minutes of 10/19/15 Exhibit D. Notice of PC Action dated 10/27/15 Exhibit E. Site Photos 10/15/15 Exhibit F. PC Staff Report & Exhibits dated 10/15/15 Exhibit G. Neighbor Acknowledgement Received 10/22/15 Application Summary: The applicant’s initial request was for variances for front (street) and side yard setbacks in order to reconstruct the home on the same footprint, plus a minor expansion lakeward and addition of a deck. Upon submittal of an updated and corrected survey it has been determined that a lakeshore setback and an average lakeshore setback are also required, and a slightly revised deck location is also proposed. Planning Commission Recommendation: The Orono Planning Commission voted 4-0 to recommend approval, subject to: 1)Applicant to provide a new survey meeting City survey requirements before Council review. 2)If survey indicates any flexibility for increasing east side setback, and if existing foundation is determined to not be re-usable, then move house westerly to reduce or eliminate the east side variance request. Staff Recommendation: Planning Staff recommends approval of side and street setback variances, and requests Council direction regarding the newly-identified lakeshore and average lakeshore setback variances. #15-3789 November 19, 2015 Page 2 of 4 Revised Survey Impacts Due to a lack of detail with regard to contour lines and the OHWL with the initially submitted survey, applicant was directed to submit an update corrected survey prior to Council review. The new survey (Exhibit A) reveals that a portion of the existing house is located less than 75 feet from the 929.4’ OHWL contour, and encroaches past the defined average lakeshore setback line. The result of this is that: 1) The house cannot be moved further west to increase the east side setback without encroaching further past the 75’ lakeshore setback; 2) Rebuilding on the same footprint but in a different massing configuration requires a lake setback variance; 3) The proposed lakeside deck has been relocated further eastward than originally intended (see Exhibit B) but still includes an encroachment of the newly defined lake setback and average setback lines. REVISED LOT ANALYSIS WORKSHEET (Variances noted in bold type) Lot Area (acres) Lot width (feet) Setbacks (feet) Street East Side West Side Lake OHWL Ave. Lakeshore Required 0.50 100 30 10 10 75 No Encroachment Existing House 0.32+ 104 21 6.1 25.8 49+ 20’ Encroachment Proposed House 0.32+ 104 21 6.1 25.8 49+ 20’ Encroachment Proposed House Addition 0.32+ 104 - 6.1 55+ 73+ 2’ Encroachment Proposed Deck Addition 0.32+ 104 - 16.0 62+ 65.8 9.2’ Encroachment Structural Coverage: Total Lot Area Total Structural Coverage 13,954 s.f.+ (0.32 acre) Allowed: 2,093 s.f. (15%) Proposed: House 1089 sf + Garage 750 sf + Deck 180 sf = 2019 sf = 14.5% Hardcover Calculations: Stormwater Overlay District Tier Total Area in Tier Allowed Hardcover Existing Hardcover Proposed Hardcover Tier 1 13,954 s.f. 3,489 s.f. (25 %) 2,832 s.f. (20.3 %) 3,094 s.f. (22.2 %) Planning Commission Recommendation The Planning Commission voted 4 to 0 to approve the variances to street and side setbacks in order to rebuild on the existing footprint. Planning Commission did not have the new information that confirms the need for lakeshore setback and average lakeshore setback variances, and therefore has not made a recommendation on those two variances. #15-3789 November 19, 2015 Page 3 of 4 Lakeshore Setback Variance The existing house footprint is 49 feet from the lakeshore where the shoreline angles southwesterly on the west side of the house. The proposed main house structure will maintain this 49-foot setback. The proposed house addition will encroach the 75’ setback line just at its northwest corner, being 73’ from the shore at that point. The proposed deck will be 65.8 feet from the 929.4 contour. It has been relocated further east along the north side of the house to reduce its degree of encroachment of the 75’ setback line, as compared to the original deck layout reviewed by the Planning Commission. With the proposed house addition, a functional deck that does not encroach the 75’ setback would have to be located at the east end of the addition. Applicant notes this would not work well with the interior layout. Average Lakeshore Setback Variance Because there is no residence directly west of the property, the average setback line is defined as the distance from the shoreline of the house to the immediate east. That house is 68.7 feet from the 929.4’ contour, so any part of applicants’ proposed house and deck that is less than 68.7 feet from the shoreline is technically an average setback encroachment. Due to the shoreline contour west of applicants’ house, the average setback line cuts through the garage wing of the existing/ proposed house. This area does not impact the neighbor’s view and is visually inconsequential. A small corner of the proposed deck also will encroach past the defined average setback line (see updated survey), but again it would appear to not impact the neighbor’s views of the lake. Planning Staff Recommendation Planning staff recommends approval of the side and street setback variances. Additionally, staff would suggest that the average lakeshore setback variances are approvable given the nature of the shoreline and the lack of actual view encroachments resulting from the variance. With regard to the lake setback, staff supports the variance for rebuilding the residence within its existing footprint, as well as the minor encroachment of the house addition. However, the addition of a 10’x18’ deck of which approximately 2/3 will encroach lakeward of the 75’ setback line is worthy of further discussion. It is also noteworthy that the updated survey indicates the existing lower garage has a floor elevation of 931.3’, i.e. a few inches below the 931.5’ flood elevation. Rebuilding the house will require that the lowest floor elevation of the garage and basement levels be no lower than 932.5 feet, with no openings below 933.5 feet. Applicant is intending to re-use the existing garage wing as it is newer and has what he believes to be a stable foundation. The remainder of the foundation will likely require engineering review prior to its re-use. COUNCIL ACTION REQUESTED Council is requested to provide staff with direction regarding the variances for side setback, street setback, lakeshore setback and average setback. A resolution will be drafted reflecting Council’s conclusions. Optionally, Council could refer this back to Planning Commission given the new survey information; this would then be reviewed by the Planning Commission in mid- January. #15-3789 November 19, 2015 Page 4 of 4 Applicant will be notified that the initial 60-day review period is being extended an additional 60 days to February 4, 2016 to allow the review process to be completed. REQUEST FOR COUNCIL ACTION DATE: 23 November, 2015 ITEM NO: 11 _____________________________________________________________________________________ Department Approval: Administrator Reviewed: Agenda Section: Name Jeremy Barnhart JML Planning Department Report Title Community Development Director _____________________________________________________________________________________ Item Description: Consider disposal of Tax Forfeited Property (PID 05-117-23-24-0117 and 0118) _____________________________________________________________________________________ List of Exhibits A. Aerial photo B. Letter of request C. Deed acquiring the land D. Comprehensive Plan Appendix 4E-1 E. Analysis of the lake access, dated September 13, 2010 Purpose. Provide direction regarding the disposal of city property. Background. Jacob Barkley owns 3640 Bayside Road on the north side of Bayside Road as well as two small parcels south of Bayside, north of Stubbs Bay (the parcels in red in the attached aerial photo). The western most parcel includes easements that allow docks for the 4 lots within the Reidel Stubbs Bay addition, of which Mr. Barkley owns one lot. Owner PID Size (sqft) Barkley 05-117-23-24-0023 1 Barkley 05-117-23-24-0122 617 City 05-117-23-24-0118 615 City 05-117-23-24-0117 3,598 The city owns two parcels south of Bayside Road, outlined in yellow. These two parcels were acquired through the tax forfeiture process in April of 1979. Mr. Barkley has requested the city dispose of these parcels. Should he be successful in acquiring the property, ownership would be consolidated with his two parcels. Mr. Barkley is also expected to request a vacation of Park Street should the Council agree to dispose of the property. It appears the parcels were acquired in 1979 for park and recreation uses, primarily to maintain public access to the lake. The subject parcel is listed in the Comprehensive Plan as a Lake Minnetonka access point, not opened for public use. Public access in this area is provided through the southern extension of Stubbs Bay Road South, about 115 feet to the east. The Copmprehensive plan does not suggest further use for the parcels. Staff supports the disposal request as access is provided via Stubbs Bay Road, and the remaining benefit to the city is negligible. It seems as though the city would benefit more for the parcels being privately owned. The Council should direct staff to pursue disposal of the property if it finds that the parcels are not nor anticipated to be needed by the city. Formal disposal will require action by the City Council. COUNCIL ACTION REQUESTED: Staff requests direction as to whether or not to pursue disposal of two city owned parcels (05-117-23-24- 0017 and 0118) REQUEST FOR COUNCIL ACTION DATE: 23 November 2015 ITEM NO: 12 _____________________________________________________________________________________ Department Approval: Administrator Reviewed: Agenda Section: Name Jeremy Barnhart JML Planning Department Report Title Community Development Director _____________________________________________________________________________________ Item Description: #15-3752, Estate Dev. Corp. - Tom Gonyea, 475 Old Crystal Bay Rd N Sketch Plan Review _____________________________________________________________________________________ List of Exhibits Revised plan dated November 18, 2015 City Council packet dated August 21, 2015 September 28th Council work session minutes. Potential Building elevations Purpose. The applicant seeks Council input on a proposed 39 unit, single family neighborhood on 17.26 acres (12.72 dry) at the SW quadrant of Wayzata Boulevard and Old Crystal Bay Road. The property is guided for 7-10 units per acre. The proposed development would require a rezoning and a comprehensive plan amendment, in additional to the subdivision process. Background. The developer has prepared a number of concepts since July. Previous versions included up-to 102 units in attached townhomes; the Council seemed uncomfortable with that pattern of development. Density. The density proposed 3.14 units per acre, less than what is prescribed in the Comprehensive Plan, and less than the Council discussed at a workshop on September 28th. The density as proposed will require a Comprehensive Plan Amendment, which the Met Council has suggested would be approved from a density standpoint, though the next amendment or update may face challenges. The City must provide for the development of at least 20 acres of buildable residential property at 8 units per acre to meet the affordable housing goals contained in the Comprehensive Plan (and expected to be included in the next update). Streets. The street arrangement is largely unchanged from earlier versions, dictated in large part by the location of the wetland. The cul-de-sac at the NE corner of the project has been pulled south a bit, to provide additional separation from Wayzata Blvd. The streets are proposed to be public, as they provide access through to the Dumas property to the west. The cul de sacs at the west property line are temporary and would be removed when the Dumas property develops. A trail is show providing access to the crosswalks at Old Crystal Bay Road and Wayzata Blvd West, at the NE corner of the site. It is suggested that sidewalks be provided on both sides of the streets within the development. The location of the wetlands and adjacent city streets limits flexibility in street layout. The layout seems logical, and provides opportunities for connections to adjacent property. Housing. The builder has provided examples of the housing anticipated. Products range in width from 35 feet (for the lots in the SE corner of the project) to 50 feet in one and two story homes. The 35’ wide single level homes are envisioned to be 1,600-2,000 square feet. The 50’ wide single level homes around 2,800 square feet, the 50’ wide two story homes would be 2,400-3,200 sq ft. For reference, the homes on Maple Place are 2300-4200 sq ft on 50’ lots. Park Dedication. There is no park proposed to be dedicated on site. The park dedication in land is 1.4 acres (8% of the land being subdivided). The Council should state their preference for land dedication at this stage. The Comprehensive Plan does not suggest the need for additional public park land in this area. COUNCIL ACTION REQUESTED: Council is asked to comment on the proposed plan. HIGHWAY 212 CONCEPT SITE PLAN Old Crystal Bay Road, Orono WAYZATA BLVD WEST Orono Public Schools Existing Wetland Existing Wetland Existing Wetland Ex. Trees Landscape Berm Landscape Berm Landscape Berm Landscape Berm Sidewalk Ex. Trees Storm w a t e r Mana g e m e n t Area Stormwater Management Area Seating Area with Picnic Tables Co n s e r v a t i o n E a s e m e n t St o r m w a t e r M a n a g e m e n t A r e a St o r m w a t e r Ma n a g e m e n t A r e a OL D C R Y S T A L B A Y R O A D PROJECT LOCATION TRUNK HIGHWAY 12 ORONO PUBLIC SCHOOLS DUMAS APPLE ORCHARD 35 37 52 505355 49 54 46 51 48 43 44 7 3 14 47 45 5 2 1 4 10 13 6 8 9 11 12 20 16 19 15 17 18 26 22 21232428252729 32 33 34 36 40 3831 30 41 39 42 O U T L O T A 4-20-15 CITY SUBMITTAL SHEET 1 of 4 1 LICENSE NO.DATE MARK RAUSCH, PE I HEREBY CERTIFY THAT THIS PLAN, SPECIFICATION, OR REPORT WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND THAT I AM A DULY LICENSED UNDER THE LAWS OF THE STATE OF MINNESOTA OLD CRYSTAL BAY ROAD SKETCH PLAN SUBMITTAL COVER SHEET PROJECT NO: DRAWN: DESIGNED: PROJECT TEAM MPR ELL 214-0157 DATEBY QA/QC REVIEW PROFESSIONAL ENGINEER DATE ISSUE DATE ISSUE 233 Park Ave S, Ste 300 Minneapolis, MN 55415 612.758.3080 612.758.3099 www.alliant-inc.com MAIN FAX SUITE 300 ALLIANT ENGINEERING, INC. 233 PARK AVENUE SOUTH MINNEAPOLIS, MN 55415 PH: 612-758-3080 CONSULTANT FX: 612-758-3099 SHEET INDEX COVER SHEET EXISTING CONDITIONS ON AERIAL 1 2 DEVELOPER SITE PLAN 3 VICINITY MAP NOT TO SCALE SITE OVERLAY ON AERIAL 4 SHEET TITLENO. 15250 WAYZATA BOULEVARDSUITE 101WAYZATA, MN 55391 PHONE (612) 990-0666 E D CEDC CONTACT: TOM GONYEA SUITE 101 ESTATE DEVELOPMENT CORPORATION 15250 WAYZATA BOULEVARD WAYZATA, MN 55391 PH: 612-990-0666 EM: tom@landmn.com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20212223 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 Date Application Received: 10/1/15 Date Application Considered as Complete: NA 60-Day Review Period Expires: NA REQUEST FOR COUNCIL ACTION Date: November 23, 2015 Item No.: 13 ______________________________________________________________________________ Department Approval: Administrator Approval: Agenda Section: Name: Michael P. Gaffron JML Planning Dept. Title: Senior Planner _____________________________________________________________________________________ Item Description: #15-3790, City of Orono & Clifford Otten, Outlot C, East Willow Woods (2350 Wayzata Boulevard) - Easement Vacation - Resolution _____________________________________________________________________________ List of Exhibits: A – Resolution Approving Easement Vacation B – Existing Easement C – Comments from Public Utilities D – Planning Commission Minutes 10/19/15 E – Planning Commission Memo & Exhibits 10/12/15 Please review the Planning Commission memo and exhibits. As a condition of the Purchase Agreement whereby the City is acquiring land from Clifford Otten for Municipal Well #4, the City is required to vacate “the right-of-way abutting the north property line of the Seller’s Commercial Property”, i.e. the easement over Outlot C of East Willow Woods. The easement in question is a Road and Utilities Easement which grants the City an “easement for public ingress, egress, access, road and utilities purposes” and allows the City to “construct, install, maintain, operate and repair a sanitary sewer interceptor, lift station, main or line, a water main or line, gravel or paved road and any and all appurtenances including drainage control structures, incidental and related thereto…”. The easement document also Application Summary: City of Orono proposes the vacation of that certain Road and Utilities Easement on, across and under Outlot C, East Willow Woods, dated April 18th, 1990, said Outlot being owned by Clifford & Louise Otten and identified as Hennepin County PINS 34-118-23-22-0020. Planning Commission Recommendation: At its October 19 meeting, Planning Commission voted 4-0 to recommend approval of the easement vacation, but suggested it may be appropriate to retain a utility easement. Staff Recommendation: Planning Department Staff recommends approval of the road and utilities easement vacation, subject to the property owner providing a replacement easement for the existing sewer line and manhole within Outlot C. 15-3790 Outlot C East Willow Woods November 18, 2014 Page 2 contains a number of very restrictive conditions under which the road could be constructed (See Exhibit A of the Easement). The application is intended to vacate the easement in its entirety. After some discussion, the Planning Commission suggested it may be prudent to retain the utility easement. We have received letters of no objection to the vacation from three of the four public utilities (Mediacom has not responded), and none have facilities within Outlot C. Subsequent investigation indicates that a short segment of municipal sewer line and a sewer manhole are within the existing easement area. Mr. Otten has agreed to grant the City a replacement easement for these facilities. As a result, the attached resolution vacates the entire easement subject to receipt of the replacement easement. Staff Recommendation Staff recommends adoption of the attached resolution entitled A Resolution Vacating the Road and Utility Easement over Outlot C, East Willow Woods, Hennepin County, Minnesota - File No. 15-3790. REQUEST FOR COUNCIL ACTION DATE: November 23, 2015 ITEM NO: 14 Department Approval: Administrator Reviewed: Agenda Section: Name: Diane Tiegs JML City Administrator's Report Title: City Clerk Item Description: 2016 Liquor License Approval 2016 ANNUAL LIQUOR LICENSE RENEWALS: 1. Orono Liquors DBA The Narrows Saloon Navarre, MN 55392 2. Orono Public Golf Course 265 Orono Orchard Road South Orono, MN 55391 3. O’Sullivans Holiday/Voyageur Service Centers 2420 Shadywood Road Navarre, MN 55392 4. Spring Hill Golf Club 725 County Road 6 Wayzata, MN 55391 5. Wayzata Country Club 200 Wayzata Blvd. Wayzata, MN 55391 6. Wood Enterprises Inc. DBA Navarre Liquors 3421 Shoreline Drive Navarre, MN 55392 7. Woodhill Country Club, Inc. 200 Woodhill Road Orono, MN 55391 The 2016 Liquor License Applicants have submitted all the requested documents and have met all requirements. Council Action Requested: Consider a motion to approve the above listed liquor license applications. Minnesota Department of Public Safety 11 I Alcohol and Gambling Enforcement 1 445 Minnesota Street, Suite 222 '` ':= " ei=°ear- St.Paul,MN 55101 Imo-eteea leen etsee keeI 651-201-7500 RENEWAL OF LIQUOR,WINE,CLUB OR 3.2%LICENSES ".:•ll .7-0s...\111i1L .rt'; .vc 1r.-. _ ::ti, - =1' ;I *.� I�� !'. ,rf.•i illi L'S' �( . '• 'i.-L'�r•.� 1:y! !%x1 : arl. �1eGlltllll i r: ,..�.Jt -. Licensee: Please verify your license information contained below. Make corrections if necessary and sign. City Clerk/County Auditor should submit this signed renewal with completed license and licensee liquor liability for the new license period. City Clerk/County Auditor are also required'by M.S. 340A.404 S3 to report any license cancellation. License Code ONSS License Period Ending 12/31/2015 I13# 18397 ISSUING AUTHORITY Orono Name City of Orono RECEIVED Trade Name Orono Public Golf City,State,Zip Code *265 Orono Orchard Rd S OCT -5 2015 Orono NLN 55391 nL ' CITY �. Gl�OI .qI O Business Phone 9524731909 License Fees: Off Sale On Sale $5,000.00 Sunday $200.00 By signing this renewal application,applicant certifies that there has been no change in ownership on the above named licensee. For changes in ownership,the licensee named above,or for new licensees,full applications should be used. See back of this application for further information needed to complete this renewal. Apolicant's signature on this renewal confirms the followbw: FAipre to regart any of the following may result in civil penalties. 1. Licensee confirms it has no interest whatsoever,directly or indirectly in any other liquor establishments in Minnesota. If so,give details on back of this application. 2. Licensee confirms that it has never had a liquor license rejected by any city/township/county in the state of Minnesota. If ever rejected,please give details on the back of this renewal,then sign below. 3. Licensee confirms that for the past five years it has not had a liquor license revoked for any liquor law violation (state or local). If a revocation has occurred,please give details on the back of this renewal,then sign below. 4. Licensee confirms that during the past five years it or its employees have not been cited for any civil or criminal liquor law violations. If violations have,occurred,please give details on back of this renewal,then sign below, 5. Licensee confirms that during the past license year,a summons has not been issued under the Liquor Liability Law(Dram Shop)MS 340A.802. [ryes,attach a copy ofthc summons,then sign below. 6. Licensee confirms that Workers Compensation insurance will be kept in effect during the license period. Licensee has attached a liquor liability insurance certificate that corresponds with the license period in city/county where license is Issued. $100,000 in easel or securities or$100,000 surety bond may be submitted in lien of liquor liability. (3.281 liquor licenses are exempt if sates are I e steam Y•.•000 at on sale,or$50,000 at off sale). Licensee Signature i 1:' +ll AFI1l� r 4 DOBS# ate ��•�'�� (Signature certifies: :•• • informatio• f.e correct and license has ecu ro by ty county. City Clerk/County Auditor Signature ' r j'� Date -'I/ 17// (Signature certifies that renewal of a liquor, or club license has been approved by the city/county as stated above.) County Attorney Signature Date County Board issued licenses only( '�j certifies licensee is eligible for license). Police/Sheriff Signature Date ` • (Signature certifies licensee or associateshave not been cited during the past five years for any stat/local liquor law violations(criminal/civil). Report violations on back,then sign here. Minnesota Department of Public Safety Alcohol and Gambling Enforcement ' t 445 Minnesota Street,Suite 222 RECEIVED St.Paul,MN 55101 atazems 651-201-7500 NOV 2 2015 RENEWAL OF LIQUOR,WIVE,CLUB OR 32%LICENSES tic lig. . J.:1' ,.:14-nr ..ti -r.,I:'.use •it'ti' tl;t 1: t,'rci l...• f,11",:1VC.; %I. .)/f1)! lIxI t:sn1 -l:j 1 el: :L:14e. M — Licensee: Please verify your license information contained below. Make corrections if necessary and sign. City. Cleric/County Auditor should submit this signed renewal with completed license and licensee liquor liability for the new license period. City Clerlt/County Auditor are also required by M.S.340A.404 S.3 to report any license cancellation. License Code MCLONSS License Period Ending 12/31/2015 ID# 2321 ISSUING AUTHORITY Orono — '. •F �I r.,i Licensee Name Spring Hill Golf Club OCT -5 2015 Trade Name Spring Hill Golf Club City,State,Zip Code 725 bth Ave N CITY OF ORONNO Orono MN 55391 Business Phone 9524731500 License Fees: Off Sale $0.00 On Sale $200.00 Sunday $200.00 By signing this renewal application,applicant certifies that there has been no change in ownership on the above named licensee. For changes in ownership,the licensee named above,or for new licensees,full applications should be used. See back of this application for further information needed to complete this renewal. Aunlieant's sismatnre on this renewal confirms the following;. Fgllure to report any foHowinu n v result o civil neurines. 1. Licensee confirms it has no interest whatsoever,directly or indirectly in any other liquor establishments in Minnesota. If so,give details on back of this application. 2, Licensee confirms that it has never had a liquor license rejected by any city/township/county in the state of Mirmcsota. If ever rejected,please give details on the back of this renewal,then sign below. 3. Licensee confirms that for the past five years it has not had a liquor license revoked for any liquor law violation (state or local). If a revocation has occurred,please give details on the hack of this renewal,then sign.below. 4. Licensee confirms that during the past five years it or its employees have not been cited for any civil or criminal liquor Iaw violations. If violations have occurred,please give details on hack of this renewal,then sign below. 5. Licensee confirms that during the past license year,a summons has not been itaued tinder the Liquor Liability Law(Dram Shop)MS 340A.802. If yes,attach a copy of the summons,then sign below. 6. Licensee confirms that Workers Compensation insurance will be kept in effect during the license period. Licensee has attached a liquor liability Insurance certificate that corresponds with the license period in dtylcountywhere license it issued S100,000 in cash oraecurliees or$100,000 surety bond may be submitted in lies of liquor lability. (3.2&liquor licenses are exempt links are less than$25,000 at on sole,or S50,000 at off sale). Licensee Signature DO Sit Date t? =- (Signature certifies a11'above informat[on to be correct and license by et y con y. • City Clerk/County Auditor Signature -/a fee_..) Date "/1 (Signature certifies that renewal of a liquor,Gvine or club license has been approved by the city/county as stated above.) County Attorney Signature t Date County Board issued licenses only( re .,,'I ea lie nscc is eligible in-license). Police/SherifSignature % /i-r . Date lr/7/,5— (Signature certifies licensee or associat.4;h: not been 'ed during the past five years for any state/local liquor law violations(criminal/civil). Report violations on back,then sign here_ Minnesota Department of Public Safety RECEIVFn Alcohol and Gambling Enforcement 445 Minnesota Street, Suite 222 St.Paul,MN 55101 NOV -6 2015 `z?r"r__-4.-A I 651-201-7500 RENEWAL OF LIQUOR,WINE,CLUB OR 32%LICENSES �-� OF oROI NiO _� r.l•lllx'� ^'flil1n.:' ,Prov, .l. �.rl �t" anti, !IL: it 'lari,`t tit .li i. ..'s ewe'ved lick. _C.'1J 4E. 'dil4_ ::i`: �.. 74'', ,... Licensee: Please verify your license information contained below. Make corrections if necessary and sign. City Clerk/County Auditor should submit this signed renewal with completed license and licensee liquor liability forthe new license period. City Cleric/County Auditor are also required by M.S.340A.404 S.3 to report any license cancellation. License Code MCLONSS License Period Ending 12/31/2015 TD# 1196 ISSUING AUTHORITY Orono Licensee Name Wayzata Country Club Inc. RECEIVED Trade Name Wayzata Country Club OCT -5 2015 City,State,Zip Code 200 Wayzata Blvd West Wayzata MN 55391 CITY CF C RONO Business Phone 9524738846 License Fees Off Sale $0.00 On Sale $200.00 Sunday $200.00 By signing this renewal application,applicant certifies that there has been no change In ownership on the above named licensee. For changes in ownership,the licensee named above,or for new licensees,full applications should be used. See back of this application for farther information needed to complete this renewal. 's c:. u' .y.a• aletnfirmsthe f , . ,.; •; uretor:,,rtan ofthe foilowin• ma es.1t fill len 1. Licensee confirms it has no interest whatsoever,directly or indirectly in any other liquor establishments in Minnesota If so,give details on back of this application. 2. Licensee confirms that it has never bad a liquor license rejected by any city/township/county in the state of Minnesota. If ever rejected,please give details on the back of this renewal,then sign below. 3. Licensee confirms that for the past five years it has not had a liquor license revoked for any liquor Iaw violation (state or local). If a revocation has occurred,please give details on the back of this renewal,then sign below. 4. Licensee confirms that during the pest five years it or its anployees have not been cited for any civil or criminal liquor law violations. If violations have occurred,please give details on back of this renewal,then sign below. 5. Licensee confirms that during the past license year,a summons has not been issued under the Liquor Liability Law(Dram Shop)MS 340A.802. If yes,attach a copy of the summons,then sign below. 6. Licensee confirms that Workers Compensation insurance will be kept in effect during the license period. Licensee has attached a liquor liability insurance certificate that corresponds with the license period in eltylcounty where license Is issued. $100,000 in cash orsecurlties or$100,000 surety bond may be submitted in lieu of liquor liability. (3.2&liquor fittings are exempt if ales a than$ 5,000 at on sale,or 550,000 at off sale). • Licensee Signature LJ DO: S#1111MDete (Signature certifies all above information to be correct and lie . . .y IP; City Clerk/County Auditor Signatme�____.�f d."Z-6- Dale /01/(6- (Signature / /'/ (6-(Signature certifies that renewal of a liquor,wine or club license has been approved by the city/county as stated above) County Attorney Signature Date County Board issued licenses only(SI '` lic-�. e is eligible for license). J Police/Sheriff Signature Date1/(Signature certifies licensee or associ. f/" V not .--. cited during the past five years for any state/local liquor law violations(criminallcivil). Report viol='u'ons an back,then sign here_ Minnesota Department of Public Safety 1t ✓l.('",, - _� Alcohol and GaniblingEnforcement RECEIVED i . 117,..,.. ..... t 445 Minnesota Street, Suite 222 e TM } ` ..=.—, St.Paul,M11 55101 NOV — 2 2t11 a i: ..._ ::2L-__..L.--_A 651-2014500 RENEWAL OF LIQUOR,WINE,CLUB OR 3.2%LICENSES CITY OF OROi'C ti,., i.i. ti Ari !'..-,pprove.or r.i•...i,,t-%C•l:1 ''1l 1:^A'4h:iie'rif i.ufe')i!.:U IVl.#J) -4,taha: j;,i trwi'rt..i I nfrikcRtti.r Licensee: Please verify your license information contained below. Make corrections if necessary and sign. City Cleric/County Auditor should submit this signed renewal with completed Iicense and licensee liquor liability for the new license period City Cleric/County Auditor are also required by M.S. 340A.404 S3 to report any license cancellation. License Code OFSL License Period Ending 12/31/2015 ID# 21903 ISSUING AUTHORITY Orono Licensee Name Wood Enterprises Inc. RECEIVED CE' Trade Name Navarre Liquor City,State,Zip Cade 3421 Shoreline Dr/PO Box 50 OCT -5 2015 Navarre MN 55392 CITY Op Business Phone 9524718800 oR01�0 License Fees: Off Sale $150.00 On Sale $0.00 Sunday $0.00 By signing this renewal application,applicant certifies that there has been no change in ownership on the above named licensee. For changes in ownership,the licensee named above,or for new licensees,full applications should be used. See back of this application for further information needed to complete this renewal. Applicant's signature on this renewal confirms the foilowlnr.; Failure to report ail,of the follayda may result in civil penalties. 1. Licensee confirms it has no inttarst whatsoever,directly or indirectly in any other liquor establishments in Minnesota. If so, give details on back of this application. 2. Licensee confirms that it has never had a liquor license rejected by any city/township/county in the state of Minnesota If ever rejected,please give details on the back of this renewal,then sign below. 3, Licensee confirms that for the past five years it has not had a liquor License revoked for any liquor law violation (state or local). If a revocation has occurred,please give details on the back of this renewal,then sign below. 4. Licensee confirms that during the past five years it or its employees have not been cited for any civil or criminal liquor law violations, If violations have occurred,please give details on back of this renewal,then sign below. 5. Licensee confirms that during the past license year,a summons has not been issued under the Liquor Liability Law(Dram Shop)MS 340A.802. If yes,attach a copy of the summons,then sign below. 6. Licensee confirms that Workers Compensation insurance will be kept in effect during the license period, Licensee has attached a liquor liability insurance certificate that corresponds with the license period in city/county where license is issued. $100,000 In cash or securities or$100,000 surety bond may be submitted In lieu of liquor liability. (3.2&liquor licenses are ex pt' are less t n$25,000 at on aide,or$50 00 at offsale). Licensee Signatures /- -- DOB Date 2 5 (Signature certifies all above info tion to be correct and license has b / /, City Clerk/County Auditor Signature Date ``l1'y// (Signature certifies that renewal of a liquor,wine or club license has been approved by the city/county as stated above.) County Attorney Signature . • Date County Board issued licenses only( -..d,r . - .. :+,.: a isa.'igible for license). • Police/Sheriff Signature - Date (Signature certifies licensee or associates •'e.> been cited during the past five years for any state/local liquor law violations(criminal/eivii). Report violati.,son back,then sign here. Minnesota Department of Public Safety ;1; 1 Alcohol and Gambling Enforcement F• 1 445 Minnesota Street,Suite 222 St.Paul,MN 55101 �l.ise Vit' see-i!:SI: 651-201-7500 NOV — 2 2015 RENEWAL OF LIQUOR,WINE,CLUB OR 3.2%LICENSES ► vlloerk «i(: rhA,i ,,n-s runtii ,t..i�y :fetriS —.4 Iv 1.1%,$1#-A.; -11 'iiP;.;., 4 tihl .. , t Licensee: Please verify your license information contained below. Make corrections if necessary and sign. City -- Cleric/County Auditor should submit this signed renewal with completed license and licensee liquor liability forthe new license period. City Cleric/County Auditor am also required by M.S.340A.404 S3 to report any license cancellation. License Code MCLONSL License Period Ending 12/31/2015 lD# MED ISSUING AUTHORITY Orono Licensee Name Woodhill Country Club Inc. OCT _5 2015 Trade Name Woodhill Country Club CITY OF ORONO City,State,Zip Code 200 Woodhill Rd Orono MN 55391 Business Phone 9524737333 License Fees: Off Sale $0.00 On Sale $200.00 Sunday $200.00 By signing this renewal application,applicant certifies that there has been no change in ownership on the above named licensee. For changes in ownership,the licensee named above,or for new licensees,full applications should be used. See back of this application for further information needed to complete this renewal. Applicant's signature on this renewal confines the following Failure to report any of the following may result butyl(penalties. 1. Licensee confirms it has no interest whatsoever,directly or indirectly in any other liquor establishments in Minnesota If so,give details on back of this application. 2. Licensee confirms that it has never had a liquor license rejected by any city/township/county in the state of Minnesota. If ever rejected,please give details on the back of this renewal,then sign below. 3. Licensee confirms that for the past five years it has not had a liquor license revoked for any liquor law violation (state or local). If a revocation has occurred,please give details on the back of this renewal,then sign below. 4. Licensee confirms that during the past five years it or its employees have not been cited for any civil or criminal liquor law violations. If violations have occurred,please give details on back of this renewal,then sign below. 5. Licensee confirms that during the past license year,a summons has not been issued under the Liquor Liat$lity Law(Dram Shop)MS 340A.802. lfyes,attach a copy of the summons,then sign below. 6. Licensee confirms that Workers Compensation insurance will be kept in effect during the license period. Licensee has attached a liquor liability tnsnranee certificate that corresponds with the license period in citylcountywhere license is issued. $100,000 In cash or securities or S100,000 surety band may be submitted En lien of liquor liability (3.2&liquor licenses are exempexempt'fades are less than S25,000 at on sale,or$50,000 at off sale). Licensee Signature 111 lit DOB SS# Date i 0(•7;f4(1.(Signature certifies all above informetion�lo be correct and license has by coup y. City Clerk/County Auditor Signaturea.r2� Date 1i//7�1;:> (Signature certifies that renewal of a li or, ine or club license haibeen approved by the city/county as stated above.) County Attorney Signature Date_ County Board issued licenses oniy(Siign re • es . ( eligible for license). Police/SheriffSignatur'e / �i • - l / AJ` (Signature certifies licensee or associates have not been cited during the past five years far any state/local liquor law violations(criminal/civil). Report violations on back,then sign here. REQUEST FOR COUNCIL ACTION Date: Nov 23, 2015 Item No. 15 Department Approval: Administrator Approval: Agenda Section: Name: Ron Olson JML City Administrator’s Title: Finance Director Report Item Description: Claims/Bills The attached claims for payment have been received by the City. Staff has reviewed the claims and is recommending approval of the listing for payment. The claims will be paid by checks 104060 to 104139, totaling $248,107.05. Noteworthy payments include: Aspen Equipment $73,199.00 This is payment for the body and plow for the new truck #424. Avnet Web Solutions $ 1,000.00 Annual support and hosting fee for the City’s Website. THN Enterprise $ 3,500.00 Payment for the removal and transport to winter storage location of the Big Island docks. 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: 11/10/2015 - 11/23/2015 Nov 18, 2015 03:36PM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount ACCURINT 11/23/2015 104060 1297291-201 101-42110-311 Oct contract fee Police Department 121.50 Total 104060:121.50 Advanced Imaging Solutions 11/23/2015 104061 87169 101-42110-413 toner shipping Police Department 13.96 Advanced Imaging Solutions 11/23/2015 104061 87240 602-49450-401 printer maint contract 11/10 to 12/9 Sewer 26.45 Advanced Imaging Solutions 11/23/2015 104061 87240 101-42110-401 printer maint contract 11/10 to 12/9 Police Department 132.24 Advanced Imaging Solutions 11/23/2015 104061 87240 101-41900-401 printer maint contract 11/10 to 12/9 Central Services 105.80 Total 104061:278.45 ADVANCED IMAGING SOLUTIO 11/23/2015 104062 290492941 101-42110-413 pd copier lease 10/20 to 11/20 Police Department 331.00 Total 104062:331.00 ALLIED BLACKTOP COMPANY 11/23/2015 104063 20875-B 703-49960-379 Crestview Ave culvert 90.00 Total 104063:90.00 ASPEN EQUIPMENT 11/23/2015 104064 10153989 405-48500-550 truck #424 73,199.00 Total 104064:73,199.00 AVENET WEB SOLUTIONS 11/23/2015 104065 37723 101-41900-401 Gov office annual support Central Services 1,000.00 Total 104065:1,000.00 BAYSIDE FLORAL 11/23/2015 104066 283221 101-41300-489 flowers Printup Administration 64.95 Total 104066:64.95 BIFFS INC 11/23/2015 104067 W581165 101-45200-415 Bederwood park Parks 74.29 BIFFS INC 11/23/2015 104067 W581166 101-45200-415 Summit beach Parks 74.29 BIFFS INC 11/23/2015 104067 W581167 101-45200-415 Hackberry Beach Parks 58.03 BIFFS INC 11/23/2015 104067 W581168 101-45210-415 Golf Course Golf Course 31.39 BIFFS INC 11/23/2015 104067 W581169 101-45200-415 Crystal Bay Playground Parks 29.02 BIFFS INC 11/23/2015 104067 W581170 101-45200-415 Navarre Playground Parks 74.29 BIFFS INC 11/23/2015 104067 W581171 101-45200-415 French Creek Park Preserve Parks 29.02 City of Orono Check Register - COUNCIL REPORT Page: 2 Check Issue Dates: 11/10/2015 - 11/23/2015 Nov 18, 2015 03:36PM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount Total 104067:370.33 BILL PERSELL 11/23/2015 104068 111615 101-42110-437 meal reimb training Police Department 13.16 Total 104068:13.16 CAMPBELL KNUTSON 11/23/2015 104069 2717-000G1 101-41600-307 Gen Legal/staff/review Law/Legal Services 2,170.07 CAMPBELL KNUTSON 11/23/2015 104069 2717-004G1 101-42110-307 Police matters Police Department 325.50 CAMPBELL KNUTSON 11/23/2015 104069 2717-150G5 101-43290-800 litigation Special Projects-Contingencies 1,510.56 CAMPBELL KNUTSON 11/23/2015 104069 2717-201G4 101-41600-307 misc recordings Law/Legal Services 641.81 CAMPBELL KNUTSON 11/23/2015 104069 2717-328G3 406-48706-307 Hazardous bldg 232.50 CAMPBELL KNUTSON 11/23/2015 104069 2717-348G8 101-43280-307 15-3723 405 North Arm Dr Special Services 87.50 CAMPBELL KNUTSON 11/23/2015 104069 2717-353G6 101-41600-307 Spates Ave Lake Access Law/Legal Services 93.00 CAMPBELL KNUTSON 11/23/2015 104069 2717-360G6 601-16500 well #4 site 396.00 CAMPBELL KNUTSON 11/23/2015 104069 2717-371G3 101-43280-307 15-3761 4775 North Shore Dr Special Services 67.50 CAMPBELL KNUTSON 11/23/2015 104069 2717-379G1 101-43280-307 15-3786 Mooney Lake Preserve Special Services 1,662.50 CAMPBELL KNUTSON 11/23/2015 104069 2717-380G1 101-43280-307 15-3781 3185 Casco Special Services 225.00 CAMPBELL KNUTSON 11/23/2015 104069 2717-381G1 101-43280-307 15-3725 4175/4167/4195 Highwood Special Services 90.00 CAMPBELL KNUTSON 11/23/2015 104069 2717-382G1 101-43280-307 15-3770 460 Orchard Park Rd Special Services 157.50 CAMPBELL KNUTSON 11/23/2015 104069 2717-383G1 101-43280-307 15-3774 1700 Shoreline Dr Special Services 382.50 CAMPBELL KNUTSON 11/23/2015 104069 2717-384G1 101-43280-307 15-3775 1380 Briar St Special Services 90.00 CAMPBELL KNUTSON 11/23/2015 104069 2717-385G1 101-43280-307 15-3778 2905 Casco Pt Rd Special Services 90.00 CAMPBELL KNUTSON 11/23/2015 104069 2717-386G1 101-43280-307 15-3779 2060 Sixth Ave N Special Services 90.00 CAMPBELL KNUTSON 11/23/2015 104069 2717-387G1 101-43280-307 15-3782 2165/2185 Watertown Special Services 67.50 CAMPBELL KNUTSON 11/23/2015 104069 2717-388G1 101-43280-307 15-3783 2465 Shadywood Rd Special Services 90.00 CAMPBELL KNUTSON 11/23/2015 104069 2717-800G2 101-42400-307 B&Z staff meetings Building & Zoning 821.50 CAMPBELL KNUTSON 11/23/2015 104069 2717-801G2 101-41600-307 Council meetings 10/15 Law/Legal Services 1,627.50 CAMPBELL KNUTSON 11/23/2015 104069 2717-802G2 101-42400-307 B&Z assistance Building & Zoning 837.00 CAMPBELL KNUTSON 11/23/2015 104069 2717-803G2 101-41600-307 ordinances Law/Legal Services 713.00 Total 104069:12,468.44 CARDMEMBER SERVICE 11/23/2015 104070 CF110915 101-42110-201 property and search warrant forms-Mn County Attny Police Department 92.00 CARDMEMBER SERVICE 11/23/2015 104070 JL110315 101-41300-439 meeting expense Country Cake Administration 20.65 CARDMEMBER SERVICE 11/23/2015 104070 JL110415 101-41300-489 flowers-Sandy Pettit Administration 62.27 CARDMEMBER SERVICE 11/23/2015 104070 JL110615 101-41300-439 meeting expense Starbucks Administration 9.01 CARDMEMBER SERVICE 11/23/2015 104070 JL110915 101-41110-439 food for council/PC meeting-Jimmy Johns Mayor & Council 122.01 CARDMEMBER SERVICE 11/23/2015 104070 JL111215 101-41300-439 meeting expense Country Cake Administration 4.02 CARDMEMBER SERVICE 11/23/2015 104070 JL111715 101-41300-439 LL fire meeting-El Parian Administration 30.00 City of Orono Check Register - COUNCIL REPORT Page: 3 Check Issue Dates: 11/10/2015 - 11/23/2015 Nov 18, 2015 03:36PM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount Total 104070:339.96 CECE S SIGNS 11/23/2015 104071 6831 101-43000-224 signs Public Works Department 191.00 Total 104071:191.00 CEMSTONE 11/23/2015 104072 1584009 225-45200-530 cement Livingston Park 262.50 Total 104072:262.50 CHAD STENSRUD 11/23/2015 104073 110515 101-42110-437 reimb lunch training Police Department 14.69 Total 104073:14.69 CHRIS FISCHER 11/23/2015 104074 102815 101-42110-437 reimb conf parking Police Department 15.00 CHRIS FISCHER 11/23/2015 104074 102815 101-42110-437 reimb lunch training Police Department 9.13 CHRIS FISCHER 11/23/2015 104074 102815 101-42110-439 reimb lunch Chamber meeting Police Department 20.00 CHRIS FISCHER 11/23/2015 104074 102815 101-42110-226 reimb dry cleaning Police Department 11.29 Total 104074:55.42 CHUNKS LAKESHORE AUTO 11/23/2015 104075 13303 101-42110-402 #228 oil change, washer nozzle Police Department 183.77 CHUNKS LAKESHORE AUTO 11/23/2015 104075 13314 101-42110-402 #240 oil change Police Department 45.79 CHUNKS LAKESHORE AUTO 11/23/2015 104075 13319 101-42110-402 #841 oil change, tire rotation Police Department 74.03 CHUNKS LAKESHORE AUTO 11/23/2015 104075 13327 101-42110-402 #238 oil change, tire rotation Police Department 74.03 Total 104075:377.62 CITY OF LONG LAKE 11/23/2015 104076 201365 101-42260-318 3rd Qtr 2015 fire contract Fire Protection Services 89,096.75 Total 104076:89,096.75 COMMERCIAL ASPHALT 11/23/2015 104077 151031 101-43000-224 street materials Public Works Department 229.67 Total 104077:229.67 DELTA DENTAL 11/23/2015 104078 6259730 101-15998 003722072 Dec Cobra 516.30 DELTA DENTAL 11/23/2015 104078 6259730 101-21709 003722072 Dec Dental 1,797.70 City of Orono Check Register - COUNCIL REPORT Page: 4 Check Issue Dates: 11/10/2015 - 11/23/2015 Nov 18, 2015 03:36PM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount Total 104078:2,314.00 DEPARTMENT OF LABOR & IND 11/23/2015 104079 0000012753 101-43000-403 pressure vessel PW Public Works Department 10.00 DEPARTMENT OF LABOR & IND 11/23/2015 104079 ABR0128317 601-49400-403 pressure vessel water plant Water 20.00 Total 104079:30.00 DEPT OF PUBLIC SAFETY 11/23/2015 104080 2016 101-45210-441 retailers buyers card/Golf Golf Course 20.00 Total 104080:20.00 DEPUTY REGISTRAR 11/23/2015 104081 111715 231-45650-441 15-1860 duplicate title 18.25 Total 104081:18.25 EARL F ANDERSON & ASSOC 11/23/2015 104082 0109667 101-42400-221 land use signs Building & Zoning 448.50 Total 104082:448.50 ECM PUBLISHERS INC 11/23/2015 104083 271391 101-41900-352 legal ads Central Services 119.20 Total 104083:119.20 ERICKSON ENGINEERING 11/23/2015 104084 11524 101-43170-304 bridge inspections Engineering 1,112.91 Total 104084:1,112.91 ESS BROTHERS & SONS 11/23/2015 104085 9036 225-45200-530 Livingston Park truncated domes 158.00 Total 104085:158.00 FLAGSHIP RECREATION 11/23/2015 104086 4079 101-45200-223 playground supplies Parks 133.60 Total 104086:133.60 G & K SERVICES 11/23/2015 104087 842385 101-43000-221 towels Public Works Department 6.38 G & K SERVICES 11/23/2015 104087 842385 101-43000-226 uniform Public Works Department 37.19 G & K SERVICES 11/23/2015 104087 842385 601-49400-226 uniform Water 18.59 G & K SERVICES 11/23/2015 104087 842385 602-49450-226 uniform Sewer 18.59 City of Orono Check Register - COUNCIL REPORT Page: 5 Check Issue Dates: 11/10/2015 - 11/23/2015 Nov 18, 2015 03:36PM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount Total 104087:80.75 GENUINE PARTS COMPANY/NA 11/23/2015 104088 296635 101-43000-221 battery Public Works Department 334.70 GENUINE PARTS COMPANY/NA 11/23/2015 104088 296687 101-43000-222 battery Public Works Department 221.78 GENUINE PARTS COMPANY/NA 11/23/2015 104088 296788 101-43000-222 brake pads #712 Public Works Department 135.19 Total 104088:691.67 GEPHART ELECTRIC CO INC 11/23/2015 104089 80954 601-49400-404 ceiling fan replacement Water 785.06 Total 104089:785.06 GOPHER STATE ONE CALL 11/23/2015 104090 148985 601-49400-489 locates Water 319.93 GOPHER STATE ONE CALL 11/23/2015 104090 148985 602-49450-489 locates Sewer 319.92 Total 104090:639.85 GREY, JERRY 11/23/2015 104091 111715 101-22205 Escrow refund 2015-01010 2,000.00 Total 104091:2,000.00 HENNEPIN COUNTY INFOR TE 11/23/2015 104092 1000006670 101-43000-240 radio admin fee Public Works Department 47.73 Total 104092:47.73 HENNEPIN COUNTY INFOR TE 11/23/2015 104093 1000006627 101-41900-319 network support Central Services 50.00 Total 104093:50.00 HENNEPIN COUNTY INFOR TE 11/23/2015 104094 1000006667 101-42110-414 radio lease and MDC billing Police Department 1,690.12 Total 104094:1,690.12 HENNEPIN COUNTY SHERIFF 11/23/2015 104095 1000066344 101-41600-309 jail charges Law/Legal Services 1,028.78 Total 104095:1,028.78 HOVDE, ROB 11/23/2015 104096 111715 101-22205 Escrow refund 2015-01356 2,500.00 City of Orono Check Register - COUNCIL REPORT Page: 6 Check Issue Dates: 11/10/2015 - 11/23/2015 Nov 18, 2015 03:36PM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount Total 104096:2,500.00 INTERNATIONAL MINISTERIAL 11/23/2015 104097 111715 101-22205 Escrow refund 2014-00656 2,500.00 Total 104097:2,500.00 INTOXIMETERS 11/23/2015 104098 514493 101-42110-221 supplies Police Department 345.80 Total 104098:345.80 JAN BERG 11/23/2015 104099 102315 101-42400-437 reimb GTS training Building & Zoning 110.00 Total 104099:110.00 JAY MCCOY 11/23/2015 104100 110515 101-42110-437 reimb training lunch Police Department 11.78 Total 104100:11.78 KENNETH N POTTS PA 11/23/2015 104101 110215 101-41600-306 prosecution services Oct Law/Legal Services 3,000.00 Total 104101:3,000.00 LAKE MTKA CONSERVATION DI 11/23/2015 104102 111715 101-45200-441 Big Island Dock App Parks 290.00 Total 104102:290.00 LICURSI, ANGELO 11/23/2015 104103 111715 101-22205 Escrow refund 2015-01163 700.00 Total 104103:700.00 LONG LAKE TRUE VALUE 11/23/2015 104104 B296709 101-43000-222 parts-supplies Public Works Department 4.15 LONG LAKE TRUE VALUE 11/23/2015 104104 B297855 101-43000-224 supplies Public Works Department 23.97 LONG LAKE TRUE VALUE 11/23/2015 104104 B297895 101-43000-222 parts-supplies Public Works Department 36.79 Total 104104:64.91 MANSFIELD OIL COMPANY 11/23/2015 104105 949176 101-42110-212 Fuel PD Police Department 2,293.33 City of Orono Check Register - COUNCIL REPORT Page: 7 Check Issue Dates: 11/10/2015 - 11/23/2015 Nov 18, 2015 03:36PM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount Total 104105:2,293.33 MATT SILTALA 11/23/2015 104106 111615 101-42110-226 clothing reimb Police Department 165.94 Total 104106:165.94 MEYERS OUTDOOR SERVICES 11/23/2015 104107 4258 101-45200-404 October lawncare Parks 2,175.00 Total 104107:2,175.00 MINNEAPOLIS OXYGEN COMP 11/23/2015 104108 171138289 101-43000-221 oxygen, acetylene Public Works Department 25.42 MINNEAPOLIS OXYGEN COMP 11/23/2015 104108 171138290 101-42110-221 oxygen Police Department 18.98 MINNEAPOLIS OXYGEN COMP 11/23/2015 104108 171138291 101-42110-221 oxygen Police Department 26.28 MINNEAPOLIS OXYGEN COMP 11/23/2015 104108 183195221 101-43000-221 oxygen, acetylene Public Works Department 148.52 Total 104108:219.20 MTI DIST CO 11/23/2015 104109 1043544-00 101-45210-404 irrigation blow out Golf Course 907.46 Total 104109:907.46 NAVARRE HARDWARE 11/23/2015 104110 289039 602-49450-227 locks/keys Sewer 179.88 NAVARRE HARDWARE 11/23/2015 104110 289719 101-45210-221 ear protection Golf Course 21.99 NAVARRE HARDWARE 11/23/2015 104110 289723 101-43000-224 supplies Public Works Department 12.99 NAVARRE HARDWARE 11/23/2015 104110 289965 101-45210-223 supplies Golf Course 45.97 Total 104110:260.83 NCS HOLDINGS INC 11/23/2015 104111 75753 101-41900-322 courier service Central Services 33.11 Total 104111:33.11 NEOPOST GREAT PLAINS 11/23/2015 104112 GPAR44309 101-41900-322 ink cartridge Central Services 252.00 Total 104112:252.00 NEWEGG INC 11/23/2015 104113 1201464120 101-41900-221 motherboard-Diane Central Services 109.99 City of Orono Check Register - COUNCIL REPORT Page: 8 Check Issue Dates: 11/10/2015 - 11/23/2015 Nov 18, 2015 03:36PM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount Total 104113:109.99 NORTH MEMORIAL HEALTH CA 11/23/2015 104114 798 101-42110-437 EMS refresher Datwyler, Kirschner, Percell, Raze, F Police Department 250.00 Total 104114:250.00 NORTHERN STAR COUNCIL 11/23/2015 104115 111315 101-42110-229 Explorer post registration Police Department 344.00 Total 104115:344.00 O SULLIVANS HOLIDAY 546 11/23/2015 104116 103115 101-42110-402 car wash Police Department 38.50 Total 104116:38.50 O SULLIVANS HOLIDAY 547 11/23/2015 104117 103115 101-42110-402 car washes Police Department 146.79 Total 104117:146.79 OFFICE DEPOT 11/23/2015 104118 7927025200 101-41900-201 office supplies Central Services 65.55 OFFICE DEPOT 11/23/2015 104118 8000209200 101-41900-201 office supplies Central Services 88.98 OFFICE DEPOT 11/23/2015 104118 8000209200 101-41900-201 office supplies Central Services 9.96 OFFICE DEPOT 11/23/2015 104118 8024363300 101-41900-201 office supplies Central Services 509.85 OFFICE DEPOT 11/23/2015 104118 8026022340 101-41900-201 office supplies Central Services 72.95 OFFICE DEPOT 11/23/2015 104118 8035934550 101-41900-201 office supplies Central Services 154.56 Total 104118:901.85 PAINT A LOT 11/23/2015 104119 1418 101-43000-408 crosswalk and stop bar OCB Public Works Department 592.50 Total 104119:592.50 PERRYS TRUCK REPAIR 11/23/2015 104120 16284 231-45650-436 Ford Explorer 338 HPX 140.00 Total 104120:140.00 PHI DECKS 11/23/2015 104121 111715 101-34410 refund plan review 130.88 Total 104121:130.88 City of Orono Check Register - COUNCIL REPORT Page: 9 Check Issue Dates: 11/10/2015 - 11/23/2015 Nov 18, 2015 03:36PM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount RADEMECHER, NANCY 11/23/2015 104122 111615 999-10015 UB refund 65.11 Total 104122:65.11 RYAN COMPANIES 11/23/2015 104123 111715 101-22205 escrow refund 11-3513 2,500.00 Total 104123:2,500.00 SECURITY & SOUND CO 11/23/2015 104124 15931 101-42110-404 PD security system repair Police Department 637.50 SECURITY & SOUND CO 11/23/2015 104124 15931 703-49960-379 PD security system repair 2,609.00 Total 104124:3,246.50 SELECT ACCOUNT 11/23/2015 104125 1124885 101-41900-319 participant fee Central Services 94.50 Total 104125:94.50 SELECT ACCOUNT 11/23/2015 104126 111715 101-21719 11/17/15 FLEX 17.19 Total 104126:17.19 SELECT ACCOUNT 11/23/2015 104127 111015 101-21719 11/10/15 FLEX 765.29 Total 104127:765.29 SIMPLEX GRINNELL 11/23/2015 104128 78192188 101-43000-404 PW Fire alarm monitoring 2016 Public Works Department 688.68 Total 104128:688.68 STREICHERS POLICE EQUIP 11/23/2015 104129 1174329 101-42110-226 uniforms Spencer Police Department 255.99 STREICHERS POLICE EQUIP 11/23/2015 104129 1175247 101-42110-226 uniforms Beck Police Department 145.99 STREICHERS POLICE EQUIP 11/23/2015 104129 1175678 101-42110-226 uniforms Kirschner Police Department 49.98 STREICHERS POLICE EQUIP 11/23/2015 104129 1175885 101-42110-226 uniforms Socley Police Department 121.00 STREICHERS POLICE EQUIP 11/23/2015 104129 1175893 101-42110-240 batteries Police Department 59.97 STREICHERS POLICE EQUIP 11/23/2015 104129 1175987 101-42110-226 uniforms Schoenherr Police Department 41.98 STREICHERS POLICE EQUIP 11/23/2015 104129 1176763 101-42110-226 uniforms Schoenherr Police Department 103.98 STREICHERS POLICE EQUIP 11/23/2015 104129 1177569 101-42110-226 uniforms Ellanson Police Department 108.00 STREICHERS POLICE EQUIP 11/23/2015 104129 1178018 101-42110-226 uniforms Spencer Police Department 79.98 STREICHERS POLICE EQUIP 11/23/2015 104129 1178647 101-42110-226 uniforms White Police Department 1,072.50 STREICHERS POLICE EQUIP 11/23/2015 104129 1178903 101-42110-226 uniforms White Police Department 130.99 City of Orono Check Register - COUNCIL REPORT Page: 10 Check Issue Dates: 11/10/2015 - 11/23/2015 Nov 18, 2015 03:36PM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount STREICHERS POLICE EQUIP 11/23/2015 104129 1179428 101-42110-226 uniforms Fournier Police Department 79.98 Total 104129:2,250.34 SUN LIFE FINANCIAL 11/23/2015 104130 111715 101-21713 LTD Nov 1,133.86 Total 104130:1,133.86 SUSAN SCHULTZ 11/23/2015 104131 102915 101-42110-437 meal reimb training Police Department 17.85 SUSAN SCHULTZ 11/23/2015 104131 102915 101-42110-437 meal reimb training Police Department 7.50 Total 104131:25.35 THE HOME DEPOT 11/23/2015 104132 2808012170 101-45210-223 insulation GC well Golf Course 47.79 Total 104132:47.79 THN ENTERPRISES 11/23/2015 104133 1710 101-45200-319 dock/pole removal Parks 3,500.00 Total 104133:3,500.00 TOLL GAS & WELDING SUPPLY 11/23/2015 104134 10106703 101-43000-221 welding supplies Public Works Department 132.16 TOLL GAS & WELDING SUPPLY 11/23/2015 104134 10106753 601-49400-227 welding supplies Water 57.23 Total 104134:189.39 TRI CITY LAB 11/23/2015 104135 103115 601-49400-489 water testing Water 31.50 Total 104135:31.50 TWIN CITY STRIPING 11/23/2015 104136 110915 101-43000-408 striping Mcculley, Brown, Tamarack Public Works Department 3,427.00 Total 104136:3,427.00 WASTE MANAGEMENT RECYC 11/23/2015 104137 0014712-280 603-49500-316 Recycling Nov 8,719.20 Total 104137:8,719.20 WRIGHT HENNEPIN ELECTRIC 11/23/2015 104138 110915 101-43000-381 10/01 to 11/01 Public Works Department 99.41 WRIGHT HENNEPIN ELECTRIC 11/23/2015 104138 110915 602-49450-381 10/01 to 11/01 Sewer 33.30 City of Orono Check Register - COUNCIL REPORT Page: 11 Check Issue Dates: 11/10/2015 - 11/23/2015 Nov 18, 2015 03:36PM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount Total 104138:132.71 XCEL ENERGY 11/23/2015 104139 477421896 101-41900-381 9/22 to 10/21 Central Services 1,872.44 XCEL ENERGY 11/23/2015 104139 477421896 101-42110-381 9/22 to 10/21 Police Department 1,047.05 XCEL ENERGY 11/23/2015 104139 477421896 101-42110-381 9/22 to 10/21 Police Department 32.70 XCEL ENERGY 11/23/2015 104139 477421896 101-43000-381 9/22 to 10/21 Public Works Department 146.27 XCEL ENERGY 11/23/2015 104139 477421896 101-43000-386 9/22 to 10/21 Public Works Department 2,021.41 XCEL ENERGY 11/23/2015 104139 477421896 101-45200-381 9/22 to 10/21 Parks 34.77 XCEL ENERGY 11/23/2015 104139 477421896 601-49400-381 9/22 to 10/21 Water 5,071.13 XCEL ENERGY 11/23/2015 104139 477421896 602-49450-381 9/22 to 10/21 Sewer 2,069.47 XCEL ENERGY 11/23/2015 104139 477421896 101-45210-381 9/22 to 10/21 Golf Course 620.67 Total 104139:12,915.91 Grand Totals: 248,107.05