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01-11-2016 Council Packet
Agenda for Council Meeting Set for Monday, January 11, 2016 at 7:00 P.M. Orono Council Chambers, 2780 Kelley Parkway, Orono, MN 55356 952-249-4600 / www.ci.orono.mn.us Roll Call Pledge of Allegiance Oath of Office Approval of Agenda 1. Consent Agenda — Consent agenda items, including (*) asterisk items, are considered to be routine items to be enacted upon by one motion by the City Council under this section of the agenda. Items on the Consent Agenda are reviewed in total by the City Council and may be approved through one motion with no further discussion by the Council. Any item may be removed by any Council Member, staff member or person from the public for separate consideration. If you wish to remove any item from the Consent Agenda, please state the item number and description of the item. Memos regarding each of the Agenda items are available in the Public Packet located in the lobby near the sign in sheet. Approval of Minutes 2. Regular Council Meeting of December 14, 2015 Presentation 3. State Representative Jerry Hertaus 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. LMCD Report — Gabriel Jabbour, Representative Public Works/City Engineer's Report 4. 2015-16 Sanitary Sewer Rehabilitation Project Award 5. Water Treatment System Improvements — Pay Request No. 8 - FINAL 6. 2016 Engineering Services Rate Schedule 7. Kelly Avenue Drainage (Carmen Outlet) 8. Carmen Bay Shoreline Restoration Project — Pay Request No. 6 Public Safety Report 9. Adopt Bureau of Criminal Apprehension (BCA) Joint Powers Agreement (Renewal) Planning Department Report — Planning Commission Representative Bruce Lemke 10. 15-3796 — A. Sadowski Designs o/b/o Michelle Williams -Abbott — 2941 Casco Point Rd Average Lakeshore Setback Variance 11. 16-3804 — Lakewest LLC/Curt Fretheim, 3245 Wayzata Blvd — Sketch Plan Review 12. Consider Sale of City Property PID No. 05-117-23-24-0118 13. Vacate Conditional Use Permit at 2500 Shadywood Road 14. Mariani Request to Expand MUSA Boundary Mayor/Council Report Agenda for Council Meeting Set for Monday, January 11, 2016 7:00 P.M. Orono Council Chambers, 2780 Kelley Parkway, Orono, MN 55356 952-249-4600 / www.ci.orono.mn.us City Administrator's Report 15. Annual Appointments 16. Orono Police Garage - Pay Request No. 16 17. Licenses & Permit - 2016 Tobacco Licenses and Kennel License 18. Claims/Bills * City Attorney's Report 19. Code Enforcement Adjournment Upcoming Events 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 Work Session, Monday 5:00 p.m. 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 Work Session, Monday, 5:00 p.m. 02-22-16 — Council Meeting, Monday, 7:00 p.m. 03-07-16 — Park Commission Meeting, Monday 6:30 p.m. 03-14-16 — Council Meeting, Monday, 7:00 p.m. 03-21-16 — Planning Commission Meeting, Monday, 7:00 p.m. (Lizz Levang Liaison) 03-28-16 — Council Work Session, Monday, 5:00 p.m. 03-28-16 — Council Meeting, Monday, 7:00 p.m. Sign up for email notifications at www.ci.orono.mn.us — follow links for Stay Connected & Email Notification MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, December 14, 2015 6:30 o'clock p.m. 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, Planner Melanie Curtis, Public Works Director/City Engineer Adam Edwards, City Attorney Soren Mattick, Consulting City Engineer David Martini, and Recorder Jackie Young. Mayor McMillan called the meeting to order at 7:00 p.m., followed by the Pledge of Allegiance. APPROVAL OF AGENDA Item Nos. 8, 10, 15, 21, and 22 were added to the Consent Agenda. Council Member Walsh stated he would like to add an item under the City Attorney's report relating to what was discussed in the closed session of the City Council on November 9. Walsh stated it is his understanding the City Council needs to make a motion during a regular meeting on whether they would like to move forward. Walsh moved, Printup seconded, to add Item No. 26 under City Attorney's Report. Mayor McMillan noted the item raised by Council Member Walsh involves potential litigation and that she would not be in favor of having a public discussion on the issues. McMillan asked whether Staff had any new information on the matter. City Attorney Mattick indicated he does not have anything additional to what was discussed in closed session. Walsh stated it is not a matter of litigation but that it is a matter of the City Council deciding whether to litigate or not to litigate. Walsh stated the Council should inform the public on why they are either pursuing litigation or not pursuing litigation and that the individual Council members should discuss why they are voting either in favor or not in favor of pursuing litigation for alleged violations. McMillan stated there is a list of code violations and that she does not have the entire list before her tonight. McMillan stated she does not want to single out one particular property owner when there are other property violations. McMillan asked Council Member Walsh whether he is speaking of the entire list or one specific property owner. Walsh indicated he is speaking of the November 9 work session discussion and whether the Council is going to enforce the City's regulations. Walsh noted the vote can only happen at the City Council level in an open session. McMillan noted the City is in litigation with the specific property owner and that she would advise against doing that. Page 1 of 44 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, December 14, 2015 6:30 o'clock p.m. APPROVAL OF AGENDA (continued) Walsh stated this is a philosophical issue, and that if there is an existing issue where the property owner has been notified, the City needs to decide whether they are going to pursue that. Walsh stated in his view the Council should be able to explain their rationale for how they vote and that a vote should be taken during the Council meeting. Council Member Levang stated she is not in favor of that type of hearing since it is an issue that is in litigation and the City Council is protected by attorney-client privilege. Levang stated she would like to keep it as attorney-client privilege. Council Member Cornick asked what the rules are for when an item is in closed session and whether the City Council will be violating any rules by having an open vote. Mattick stated the open meeting law allows the Council to have a closed session under the attorney-client privilege regarding certain topics, including whether the City Council is contemplating future litigation. Mattick stated the reason behind that is that there are strategies and discussions that the City may not necessarily want the other party to know, which is the reason for the exception to the open meeting law exists. Mattick stated to the extent the Council does want to discuss this, he would ask that it be left at the philosophical level and not talk about the strengths and weaknesses of the case. Walsh stated he would be in favor of that and that it would simply be an up or down vote on whether the City wants to pursue litigation. Council Member Printup asked Council Member Walsh if he would be amenable to having it as an actual printed item on the next agenda. Walsh indicated he would be. Printup stated he would also be open to that and that he would like to have it as part of the Council's published agenda. McMillan asked if Council Member Walsh is thinking that all the City's code violations should be included. Walsh stated it would relate to the open items that were discussed during the closed session. McMillan stated in the past Staff has notified the City Council of what violations are open in the City and have provided updates. McMillan stated if the City Council wants to go down this path, she would like to see all the violations listed and not have it limited to one property owner. McMillan noted Staff does 99 percent of the work on code violations and the City Council only deals with them when it goes into litigation. Page 2 of 44 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, December 14, 2015 6:30 o'clock p.m. APPROVAL OF AGENDA (continued) McMillan stated if this is going to be included on the City Council agenda, she would like it to be more global so Staff can provide an update and the Council can determine how much City money should be spent pursuing these violations. McMillan noted the City Council has never before singled out one property owner and had a public vote on it and that she personally does not want to go down that path. Walsh stated in his view they are not singling out anybody but that the City Council had a specific closed session and that the Council is not allowed to vote during a closed session. Walsh stated there should be a vote on it and that it would be a follow-up to a specific closed session. McMillan stated part of the reason to have a closed session is to discuss strategy and that in her view having an up or down vote does not do any good for the City's strategy. McMillan stated not much will be gained by going after a single property owner. Walsh stated this is one that is on the table and needs to be put to rest. Walsh stated if the Mayor is afraid to vote on it, that tells him something. McMillan stated she is not afraid to vote on it but that she is concerned about procedure and how the City has dealt with code violations in the past. Generally code violations are handled at the Staff level and that she respects that process. McMillan noted there are intentional and unintentional code violations that occur and Staff works with the property owners and does a good job of explaining the violation. McMillan stated in her view it is a very delicate matter and that it is not a simple up or down vote. Walsh stated philosophically the violations should all be taken care of when the City Council discusses things in closed session. McMillan stated at times closed sessions are to discuss strategy and not always to come to a vote. McMillan noted there is also a cost to going after every code violation in the City and that the City Council needs to have a broader discussion on policy and how to go about pursuing the violations, which is a bigger discussion than focusing on one specific property owner. Walsh stated philosophically the City Council needs to come to a conclusion on the one property owner and that there should be an up or down vote on it. Printup asked whether Council Member Walsh would be open to discussing the specific item that was discussed in closed session as well as the violations city-wide. Walsh stated they could be two separate items. Printup stated he would like to have it in black and white on the City Council's agenda. McMillan stated the city-wide violations will not be able to be discussed tonight. Mattick stated the City Council needs to vote on the motion and then the Council could add a separate item to tonight's agenda or a future agenda to discuss it further or the motion can be withdrawn. Page 3 of 44 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, December 14, 2015 6:30 o'clock p.m. APPROVAL OF AGENDA (continued) McMillan stated the motion could also be amended to say that it would be a discussion item to provide direction to Staff. Walsh stated he would like to have a vote on the first motion before making another motion. VOTE: Ayes 2, Nays 3, Cornick, Levang, Printup and McMillan opposed. Walsh moved, Printup seconded, to place this item under the City Attorney's Report on the January City Council agenda. Levang asked what they are specifically asking for. Printup stated Part A would encompass the closed session item and Part B would cover the overall City violations. Mattick stated the motion is to direct Staff to add it to the January agenda. Mattick noted there would be no discussion on the item tonight but that Staff needs clarification on whether it should be the first or second meeting in January. Mattick stated it could also be discussed at a work session. Walsh stated the City Council has already had its work session during the closed session and that it could be placed on the first City Council meeting. Printup indicated he is fine with that. McMillan stated Staff will need to do a report and the City Attorney will need to review it. Walsh noted code violations are public record. MOTION: Walsh moved, Printup seconded, to place this item under the City Attorney's Report on the January 11, 2016, City Council agenda. VOTE: Ayes 3, Nays 2, Levang and McMillan Opposed. 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 NOVEMBER 23, 2015 Levang moved, Printup seconded, to approve the minutes of the Orono City Council meeting of November 23, 2015, as submitted. VOTE: Ayes 5, Nays 0. Page 4 of 44 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, December 14, 2015 6:30 o'clock p.m. *3. CITY COUNCIL WORK SESSION MEETING OF NOVEMBER 23, 2015 Levang moved, Printup seconded, to approve the minutes of the Orono City Council Work Session of November 23, 2015, as submitted. VOTE: Ayes 5, Nays 0. PUBLIC HEARING — 6:30 P.M. 4. ADOPT 2016 BUDGET — RESOLUTION NOS. 6575, 6564, 6565, 6566 Olson noted this meeting is to discuss and adopt the City's 2016 budget and tax levy and not to discuss an individual property owner's valuation or property taxes. The total tax levy required to fund the 2016 budget is $4,954,480. This is an increase of $182,480 or 3.8 percent over the 2015 levy. The entire increase in the levy is designated for funding the City's Pavement Management Plan and will help to address the City's aging road infrastructure. Olson stated even with the increase, Orono's tax rate will decrease slightly in 2016 and that Orono continues to have one of the lowest tax rates in both Hennepin County and the state of Minnesota. Olson stated the Council sets the levy, which is what will be done tonight, and then the levy amount is divided by the total tax capacity of everyone in the City. In Orono, the tax levy is proposed to be $4.954 million. The City's total tax capacity is $28,350,885. As a result of the City's increased tax capacity, the tax capacity rate will decrease from 17.39 percent in 2015 to 17.33 percent in 2016. Using this tax rate and assuming no change in a property's value, the City's share of the property tax bill would result in a decrease of $1.44 on a home previously valued at $250,000; a decrease in tax of $3.05 on a $500,000 home; a $1 million home would see a decrease of $6.86; and a $2 million home would have a decrease of $14.49. The 2016 expenditure budget is $7,708,570, which is an increase of $128,700 over the 2015 budget. The biggest department in the City is the police department, which will have an increase of $105,175. The increase is the result of a 2.75 percent wage that was negotiated with the police unions. Other notable increases are $15,730 for the 2016 election, a $20,000 increase in assessing charges to Hennepin County, and $25,820 in special services. The expenditures in special services are charged back to the party that requests the service. The increase in this department is offset by an increase in revenues. In addition, a number of departmental budgets are decreasing. The budget for mayor and council is being reduced by $8,460 as a result of a reduction in the Lake Minnetonka Conservation District levy. Engineering is being reduced $5,000 to bring it in line with historical costs. Street maintenance is being reduced by $60,610 with these expenditures moved to the Pavement Management Fund. Olson stated the primary revenue source for the General Fund is the property tax levy. The 2016 General Fund tax levy is $4,016,500, which is the same amount as the 2015 General Fund levy. Total General Fund revenues are budgeted to increase by $128,700 in 2016. Olson state the City Council should hold the public hearing and then make a motion adopting the resolutions that are before them this evening. Mayor McMillan opened the public hearing at 7:10 p.m Page 5 of 44 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, December 14, 2015 6:30 o'clock p.m. 4. ADOPT 2016 BUDGET — RESOLUTION NOS. 6575, 6564, 6565, 6566 (continued) There were no public comments regarding this item. Mayor McMillan closed the public hearing at 7:10 p.m. Walsh noted the City Council has discussed the CIP at a number of work sessions and that he would like to list a few of the items that were discussed so people do not assume that what is contained in the CIP is actually going to be spent. The first item is the equipment CIP on Page 4. Walsh noted the $175,000 number is really $192,000 for the truck due to increased costs. As it relates to the building CIP, in 2016 the proposed work includes the salt shed reroof and in 2017 replacement of the City Hall roof. Walsh stated the City is going to have someone come in to do a yearly synopsis of the roofs so the City can better maintain them. Walsh stated typically the contractor will do it for free or very minimal dollars but that it can lengthen the lifespan of the roofs. In addition, under 2018 the parking lot reseal is listed, which is questionable at this time. Walsh stated a number of the items are questionable which are contained in the CIPS, and simply because the items are included in the CIPs, it does not mean they will get done. Walsh stated the next item is the Long Lake Fire CIP, which talks about replacement of a pumper truck for $440,000 in 2016. Walsh noted the City has not started that discussion yet or begun the process of looking for a replacement truck, but that there are thousands of websites that sell used equipment and that they should be looked at. Walsh stated the same thing applies to the carpet replacement and paint and that he would like to see multiple bids for all that and then determine whether it actually needs to be replaced. Walsh stated moving on to the Community Investment CIP, the Navarre Park -N -Ride was a questionable item as well as the Navarre trail and sidewalk project, which was thought to be in the $120,000 to $130,000 range rather than the $200,000 listed in the CIP. As it relates to the turnback, Walsh noted those numbers might be decreased to $150,000 total versus $100,000 each or a total of $200,000. In regards to the Public Works CIP, the City Council looked at the road issues. Walsh noted the City used to look out 10 years. Walsh stated when there is no money to do the roads next year, there is no point in talking about what roads will be done eight or ten years from now. Walsh stated what roads will need to be done have yet to be determined and that the City Council will be discussing the roads more in the spring. Walsh noted in the Sanitary Sewer CIP, the pump replacement was supposed to be taken out. Walsh stated the City Council will be discussing the Police CIP later tonight in relation to the use and replacement of the squad cars. Walsh stated in his view there are lots of ways that money could be saved in relation to the vehicles. Printup moved, Levang seconded, to adopt RESOLUTION NO. 6575, a Resolution Adopting the Final 2015 Tax Levy Collectible in 2016. Page 6 of 44 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, December 14, 2015 6:30 o'clock p.m. 4. ADOPT 2016 BUDGET — RESOLUTION NOS. 6575, 6564, 6565, 6566 (continued) Printup noted it was important to the City to earmark the increased dollars realized from the levy towards road improvements. VOTE: Ayes 5, Nays 0. Levang moved, Cornick seconded, to adopt RESOLUTION NO. 6565, a Resolution to Adopt the Final 2016 General Fund Budget. Printup stated he would like to have a conversation at the time of the next budget report to talk about the City's expenditures and revenues in regards to health care options for the Chief of Police and City of Orono. Printup noted that item was before the City Council approximately a year ago but nothing was done about it. McMillan stated the City Administrator can make a note of that and bring it back to the City Council when the budget is reconciled. Printup noted data is usually not received from the Gillepsie Center and that he would ask that the City reallocate those dollars back into the General Fund. Printup stated allocating funds towards the Gillepsie Center is not an obligation of the City. Levang asked if Council Member Printup would like to take it out of the Final 2016 General Fund Budget. Printup stated he would like to reallocate the money elsewhere. Walsh stated the City Council has discussed this for the past couple of years as well as what the role of the government is and whether it should support certain charities. Walsh stated at one time it was $20,000 and then it was decreased to $9,500. Walsh stated he would not be in favor of eliminating it altogether this year but that he would prefer to step it back a little bit so the Gillepsie Center would have some time to make some adjustments. Walsh noted he has spoken to them in the past about it so they are aware of what the government's role is. McMillan noted the City's budget process has been undergoing for the past six months and that it should have been brought up earlier in the year. McMillan stated the City has always given money to the Gillepsie Center and that in her view it is not fair to the organization to cut the funds at the very last minute and that it should perhaps be discussed at greater length at a future work session. McMillan noted the Gillepsie Center provides meals -on -wheels to Orono residents and that the City has also helped to support their senior services. Printup stated the City has received no information from the Gillepsie Center but yet they are receiving Orono tax dollars. Walsh stated he would be willing to donate $2,500 in matching funds to help make the transition easier if the Council decides to reduce the amount. Walsh stated the Gillepsie Center should be raising funds from the local community. Page 7 of 44 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, December 14, 2015 6:30 o'clock p.m. 4. ADOPT 2016 BUDGET — RESOLUTION NOS. 6575, 6564, 6565, 6566 (continued) McMillan stated she is concerned about last minute changes for an organization that provides services to the community and that she would like to give them an opportunity to do a presentation. McMillan stated the City could make it a part of the budget process next year. Levang stated she worked closely with the Gillepsie organization all summer and that in her view it is unfair to have even broached this topic at the 11th hour when the group has not discussed it. Levang indicated she would not support reducing the amount of money or eliminating it at this time. Levang stated the Gillespie Center provides meals -on -wheels and other services to the Orono community and that the Council needs to be mindful of that. Levang stated the Orono Police Department also works very closely with them and that she does not want to see that relationship go away. Printup stated this is a similar conversation to what was had approximately a year ago. Levang noted there are different people on the City Council who have not been part of that discussion. Printup stated he would like to talk about it in 2016. Levang stated she is fine discussing it in 2016 but that it needs to be a full conversation by everyone so the services the Gillepsie Center provides are understood and what they do for the community. Levang stated she would also like the input from the police chief as well as staff. Levang stated to cut their money at this point would be unfair. Printup asked what data the City has except the fact that they provide great services. McMillan stated for the last four years, the City has had a very systematic budget process and that the Council starts discussing the budget in the summer, which is the time to bring these items up. McMillan stated she does have an issue with cuts being brought up at the 11th hour. Printup stated it is the same conversation as in the past. McMillan stated it needs to be brought up earlier and that the City Council spends a lot of time over the summer looking at things that will be funded or not funded. McMillan stated she was not aware it was an issue since it was not brought up within the last five months. Printup stated it appears he is outvoted on this and that he would like to move on to another topic. Printup asked if the finance director could explain the enterprise funds as far as the increases go. Olson stated the 11 percent increase for water rates assumes average summer and winter precipitation and water usage by the homeowners and would amount to a $52,000 increase in revenue to the City; the sewer operating fund would have a 4 percent increase, which would be approximately $58,000; recycling would have a 10 percent increase, which would be approximately $9,500, and the stormwater increase would be approximately $22,000. Printup stated he takes issue that the City is raising fees and rates but then sending money outside the City when it could be coming into the City to help offset costs to the residents for their sewer, recycling, water, and stormwater bills. Page 8 of 44 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, December 14, 2015 6:30 o'clock p.m. 4. ADOPT 2016 BUDGET — RESOLUTION NOS. 6575, 6564, 6565, 6566 (continued) MOTION: Levang moved, Cornick seconded, to adopt RESOLUTION NO. 6565, a Resolution to Adopt the Final 2016 General Fund Budget. VOTE: Ayes 4, Nays 1, Printup Opposed. Levang moved, Printup seconded, to adopt RESOLUTION NO. 6566, a Resolution to Adopt the 2016 Special Revenue Fund Budgets, with a correction being made under TIF to 53 instead of 52. VOTE: Ayes 5, Nays 0. Levang moved, Cornick seconded, to adopt RESOLUTION NO. 6564, a Resolution to Adopt the 2016 Enterprise Fund Budgets. VOTE: Ayes 4, Nays 1, Printup Opposed. PUBLIC HEARING — 7:00 P.M. 5. ADOPT 2016 FEE SCHEDULE — ORDINANCE NO. 161 Olson stated the proposed fees for 2016 are based on the rate study that was originally done in 2013. The fees are reviewed every year to make sure the City is where they expect to be. Olson noted the biggest increases relate to the City's utility rate charges, with sewer rates increasing 4 percent, water rates increasing 11 percent, recycling rates increasing 10 percent, and storm water rates increasing by 5 percent. One fee change that is proposed to be added is a commercial site plan review fee, which is an escrow for minor modifications of existing building plans. The storm water and drainage trunk fee was increased by 5 percent. Olson noted the fee for building permits is not changing but that a valuation table will be included in the fee schedule. In addition, municipal connection fees will have an approximate 10 percent increase. Olson stated the City purchases their meters from Neptune and that the exact amount of increase is not known at this point. Olson stated the City is contractually obligated to Neptune and will need to pay those connection fees. Olson stated the connection to sewer system in adjacent city would apply to the Cities of Long Lake and Wayzata, both of which charge a connection fee to Orono. That fee is then passed on to the residents. Long Lake and Wayzata informed Staff in November that they do not anticipate an increase, but in the event there is an increase, language has been included in the fee schedule to handle that. The 2010 sewer connection at North Farm Road reflects an increase of 5.25 percent, which is the interest rate of the outstanding special assessments. The 2009 Utility Projects at Myrtlewood reflects an increase of 6.25 percent, which is the interest rate of the outstanding special assessments. Olson stated the other changes include a permanent sign permit fee of $50, a fence viewer fee of $30, and an increase in the individual and senior season pass rates for the golf course as well as an increase in cart rental rates. Mayor McMillan opened the public hearing at 7:37 p.m. There were no public comments regarding this item. Page 9 of 44 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, December 14, 2015 6:30 o'clock p.m. 5. ADOPT 2016 FEE SCHEDULE — ORDINANCE NO. 161 (continued) Mayor McMillan closed the public hearing at 7:37 p.m. Levang noted what is not on the fee schedule for the golf course is the children age 12 and under being free and that the language needs to be amended to reflect that. McMillan noted on Page 7 under redevelopment project fee, the City decided that they would not charge for redevelopment and that the language should be removed. Levang moved, Walsh seconded, to adopt Ordinance No. 161, Third Series, An Ordinance adopting the 2016 Fee Schedule and Repealing Ordinance No. 148, Third Series, with the fee schedule being amended to reflect that golf for children 12 and under is free and with the redevelopment project fee language being removed. VOTE: Ayes 5, Nays 0. PUBLIC COMMENTS Jay Nygard, 1386 Rest Point Road, stated he is wearing his jail outfit so the Council and the public understand that he had to spend five days in jail for a buried chunk of concrete. Nygard stated he is also aware of another Orono resident who spent five days in jail for some junk in his yard. Nygard stated the City Council has time to waste putting people in jail instead of doing more important things. Nygard stated he is here tonight to talk about another issue. Nygard stated he is in possession of a District Court complaint filed against Dennis Sabrien Walsh from 2001 that he would like to read it into the public record. The complaint indicates that Mr. Walsh was pulled over in Excelsior and that Mr. Walsh evidently ran through a stop sign. Officer Baldsrud pulled Mr. Walsh over and detected a strong odor of alcohol, noting that his eyes were red, watery and bloodshot. The driver was identified by his driver's license as Dennis Walsh. The officer then asked Mr. Walsh to perform field sobriety tests and he was unable to satisfactorily complete them. Officer Baldsrud asked Mr. Walsh to submit to a breathalyzer and Mr. Walsh stated he wanted to speak with his lawyer. Nygard stated Officer Baldsrud then told Mr. Walsh he would have plenty of time to speak with his lawyer later but not now and then placed him under arrest for driving under the influence. Mr. Walsh refused to listen to Officer Baldsrud's commands as he and Sergeant Fink of the Department attempted to handcuff Walsh. Walsh was yelling at the officers calling them, quote, assholes, fuckers, and ass pipe fucks. Nygard stated he was not quite sure of that last reference so he did a little bit of research into it. Nygard stated according to the Urban Dictionary, the last part is like calling them much worse than an A -hole. Mr. Walsh then resisted the officers placing him in the squad car and he had to be forcibly placed in the squad car. Mr. Walsh then spat on the window and began kicking the window with such force that he nearly broke it. Nygard noted this is an Orono Council Member who exhibits this behavior. Walsh was then transported to the police station where upon he was read the Minnesota Implied Consent Advisory and he agreed to take the test where he blew a. 15, which is well over the legal limit. Page 10 of 44 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, December 14, 2015 6:30 o'clock p.m. PUBLIC COMMENTS (continued) Mr. Walsh was charged with obstructing legal process with force and DWI in the third degree at .1 or more in the third degree. Mr. Walsh ended up pleading down to some sort of misdemeanor DWI and disorderly conduct. Nygard stated the reason he is bringing this to everyone's attention is because this is someone who has spent over $30,000 to get elected to his City Council position. Nygard noted he personally got elected to the Orono City Council and that he spent a little over $1,000 doing so. Nygard stated he knocked on over 3,000 doors in his election bid and that he did not attempt to buy his way in because he had a further agenda. Nygard stated that is what he is concerned about. Nygard stated Mr. Walsh is interested in running for mayor and has further ambitions. Nygard stated he is here tonight to let people know who Mr. Walsh is and that he is not a person for the Orono community. Nygard stated he hates to say it but that he likes to watch Dr. Phil. Dr. Phil likes to say that past behavior is a definite predictor of future behavior. Nygard stated Mr. Walsh since has harassed his family, has taken pictures of his family, and has attempted to wreck one of his classic vehicles. Nygard stated many of the things Mr. Walsh has done are outside the purview of legal, normal behavior that the residents would expect of people sitting in judgment of them. Nygard stated it is important to him that everyone knows that. Nygard stated he understands that there is some sort of newspaper going around called Orono Watch for You that everyone gets in their mailbox. Nygard stated he can't wait to get the next Orono Watch for You and see what is said about Mr. Walsh. Nygard stated maybe for once they can print the truth about Mr. Walsh instead of glorifying the wonderful things that he does. Nygard stated he would just like people to understand who Mr. Walsh is in the event his name comes up as running for mayor. PUBLIC WORKS DIRECTOR/CITY ENGINEER'S REPORT 6. 2016 PUBLIC WORKS PLAN Public Works Director/City Engineer Edwards stated this item is an attempt to consolidate all the Public Works items for the upcoming year into one place. The 2016 Public Works plan is an effort to improve the planning and budgeting of the Public Works Department and engineering activities for the City of Orono. The intent of the plan is to do the following: Provide an increased level of detail and refinement on those items from the Capital Improvement Plan (CIP) that are scheduled for the upcoming calendar and fiscal year. 2. Improve the coordination/timing of projects. Provide the City Council with a comprehensive list of work for approval early in the year in conjunction with the CIP and budget approvals. 4. Ensure that the Public Works and Engineering Department's priorities and work items are meeting Council intent and direction. Page 11 of 44 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, December 14, 2015 6:30 o'clock p.m. 6. 2016 PUBLIC WORKS PLAN (continued) 5. Identify items for planning and engineering the year prior to their execution. McMillan noted the City Council reviewed this at the work session and that it is a good plan for the City going forward. McMillan stated she appreciates the fact that the City has been divided up into districts for inspection and that orderly inspections have been scheduled for the City's infrastructure and street signs. McMillan stated it is her belief this will be a very efficient system and help the City stay on top of its infrastructure. Levang indicated she is in agreement with Mayor McMillan and that it is a great planning document. Levang stated she appreciates the work that went into creating it as well as possible funding sources for the different projects. Walsh noted on Page 9 under road maintenance, it talks about 2017 road maintenance, preparation and planning. Walsh stated the City Council never talked about road maintenance for 2017 and that it has just appeared out of the blue and should not be there. Walsh stated as it relates to deferred projects, the entire 10 -year list of roads should be included and not just the five or six so all the roads are all listed and can be included in the discussion for future projects and which projects are most important. Walsh stated he would like to discuss the top 10 roads that need improvements. Edwards noted the engineering for 2017 is for staff time only and would relate to Staff reviewing the condition of the roads. Levang moved, Printup seconded, to approve the 2016 Public Works Plan and associated engineer proposals. VOTE: Ayes 5, Nays 0. 7. TRAFFIC MANAGEMENT POLICY Edwards stated the purpose of this policy is to have a system in place to respond to residents' complaints and allow for consistent application across the community. Edwards stated City Staff and Council Members are routinely approached by residents requesting changes to their streets and that there is currently not a policy in place to deal with those requests. Edwards stated the policy is based on what other surrounding communities are currently doing and is also a consolidation of the City's policies relating to signage, traffic counts, speed bumps, etc. McMillan noted in the past the City has had issues raised by the residents and that the Council has stumbled through some of the issues, particularly regarding speed bumps. McMillan stated she likes the policy since it helps address some of the lack of knowledge the Council has about whether these different methods should be used. McMillan stated it also takes away the political piece to the requests and that she appreciates the systematic approach to it. Levang stated she appreciates having a formal policy in place that is equitable. Levang asked how the residents will be informed of this traffic management policy. Edwards indicated it will be posted on the City's website, probably under the Public Works Department, and that when residents contact Staff, they can provide the policy to the individual residents. Page 12 of 44 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, December 14, 2015 6:30 o'clock p.m. 7. TRAFFIC MANAGEMENT POLICY (continued) Levang stated the communications committee can also publish it in a future newsletter. Levang noted Page 3 of the policy talks about costs and funding for the speed and traffic volumes. Levang stated she was wondering how the City charges the residents when it is a shared cost. Levang asked if the cost is added to someone's utility bill or is a separate bill and whether there has been a problem with compliance. Edwards stated the majority of them would be voluntarily paid up front or be assessed. Walsh noted at a work session back in September he raised three issues with the policy. Walsh stated in his view Staff needs to have a little more time to get the definitions correct. Under the request portion it says, any requests require written application of 50 percent of a project neighborhood. Walsh stated there needs to be a definition of what project neighborhood means versus at the whim of whoever is answering the question. Walsh stated under No. 3 there should be more detail about what data collection and traffic study means versus an engineering study. No. 6 says, if 75 percent of the impacted residents respond favorably to the notification, the proposal will be brought to the City Council in a public hearing for approval. Walsh stated he is not sure what that means and that in his view the City is doing a disservice to the residents by passing this until there are specific definitions. Walsh stated in his view Staff needs to spend a little more time on the policy since those issues have not been addressed. Edwards stated as it relates to the issue of the engineering study and guidelines to be considered, he attempted to add into the various appendixes what would be looked at for a speed study or a speed bump request, etc. Edwards indicated he did not include an all-encompassing list of every possible request. Edwards stated in regards to impacted residents, most of the projects would be on residential streets, which would be the impacted area, but that he could spell that out more. Walsh stated No. 1 and No. 6 are talking about the same basic thing but are using different words, which is a little confusing. Walsh stated he would like to see a little more detail before it is disseminated to the public. Printup stated he likes the spirit of the process and that the draft policy is a good start. Printup stated under Item D, parking, that might be something that could be explored a little bit further in relation to parking by residents versus nonresidents. Printup stated the parking would relate to the use of different trails where there are people parking on side streets and that it would be nice to differentiate the Orono resident as opposed to the non -Orono resident. Printup stated to his understanding there is a neighboring city that has a sticker process and that nonresidents can pay for a sticker to park on the side streets. Printup stated he would hate to penalize Orono residents when the problem might be coming from nonresidents. Edwards noted the City does not have an ordinance regulating resident -only parking, which is why it was not included in the traffic management policy. Edwards stated the intent was to implement some type of mechanism to deal with requests to install no parking signs. Printup stated it is something for the Council to think about. Page 13 of 44 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, December 14, 2015 6:30 o'clock p.m. 7. TRAFFIC MANAGEMENT POLICY (continued) Levang moved, Cornick seconded, to adopt the Traffic Management Policy. Walsh stated he is not in favor of approving it right now until the definitions are better defined. McMillan asked if Council Member Walsh would like definitions for project neighborhood and affected neighbors. Walsh stated it should be defined and not an arbitrary decision making process depending on who the resident talks to. Walsh stated it should be clarified whether the neighborhood is the same thing as impacted residents. McMillan stated some of it will need to be worked out as it is being implemented and that some of it will be left to the discretion of Staff to work out. McMillan stated policies are sometimes guidelines and that Staff will know when they run into difficulty and will notify the City Council. McMillan stated she does not want to hold it up in trying to come up with the exact right definitions tonight. Walsh stated it has been three months since he first brought it up and that nothing has been done. Printup stated it could be tabled to the next meeting so those two items could be tweaked. Edwards stated there is no particular rush to approve it. Levang stated she trusts Staff and that there is really no reason to delay it. Cornick stated other problems could come up after it is implemented and that it can be tweaked in the future. Cornick indicated he is in favor of going ahead with it. VOTE: Ayes 4, Nays 1, Walsh Opposed *8. ASSET MANAGEMENT SYSTEM Levang moved, Printup seconded, to enter into a purchase agreement with Cartegraph Systems, Inc., for an asset management system. VOTE: Ayes 5, Nays 0. Edwards reported the City did experience its first snow and ice storm recently and that the Public Works Department was able to clear the roads promptly and efficiently. Edwards stated the Public Works Department has been trimming trees throughout the City. The Kelly Avenue/Carman Road culvert project is underway and the site remediation will be completed in the spring. The majority of the work on the Livingston Park has been completed, with the remaining work to be done in the spring. Edwards reported demolition work has also begun on the golf course kitchen Page 14 of 44 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, December 14, 2015 6:30 o'clock p.m. PUBLIC SAFETY REPORT 9. AUTHORIZATION TO PURCHASE 2016 SQUAD CARS Police Chief Farniok stated the police department has budgeted for the replacement of four vehicles in 2016 and is requesting to replace those vehicles in the next several months. The order for these vehicles would need to be placed prior to the March, 2016, cutoff because placing an order prior to the deadline allows the department to build the police vehicle with options specifically needed by the police department and guarantees contract pricing. Vehicles purchased after March, 2016, are limited to stock on hand by individual dealerships and specific options and colors may be difficult to get and pricing is subject to change by the dealership. Farniok stated the vehicles to be replaced are projected to have 95,000 to 100,000 plus miles. Farniok indicated the Police Department does have a policy about rotating the vehicles, with two officers assigned to each vehicle so they are not running 24/7. Farniok stated as of this week, one vehicle is currently in the shop undergoing repairs and another vehicle is scheduled for repair in the near future. Farniok noted there are also two 4 x 4 Tahoes that are not pursuit rated on the CIP list and will not be replaced in the future. Walsh stated to his understanding the City has 14 vehicles total. Walsh stated from what he remembers, the SRO and CSOs have low miles on their vehicles. Walsh asked whether any consideration has ever been given to supplying those officers the vehicles with the higher number of miles. Farniok stated the vehicle being used by the CSO currently does have approximately 200,000 miles on it and that he would like to get rid of that vehicle and replace it with a vehicle that has 50,000 miles on it. Farniok stated the CSOs do put quite a few miles on the vehicles and that the two Tahoes that are assigned to the SROs are not pursuit rated and cannot be used as patrol vehicles. Walsh asked why the CSOs cannot have a vehicle that has over 100,000 miles on it so the patrol officers could use them longer. Walsh stated they have seven investigative unmarked vehicles, with each officer all having their own vehicle. Walsh asked what car the Police Chief drives. Farniok indicated he has the 2013 Durango. Walsh stated in past years the Police Chief would use an older vehicle since he is basically going back and forth from home. Walsh stated the Police Department needs to look at all the vehicles and all the mileage and that he would like to see that type of information. Walsh noted back on November 23, when the police department's CIP was presented, he said he would like more information. Walsh stated he then received an e-mail or memo dated November 24, which the Council did not receive until Friday. Walsh stated the Council is getting this information at the last meeting of the year and that he is not sure why he should approve something so fast. Walsh stated he would also like to see three different bids and then disqualify any bid where there is a relative of someone in the police department working there. Farniok noted the bids are through the dealership that is awarded the state bid. Farniok stated if they go to a different dealership, they would pay a slightly higher fee, and that they are obligated to go with the state contract pricing. Page 15 of 44 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, December 14, 2015 6:30 o'clock p.m. 9. AUTHORIZATION TO PURCHASE 2016 SQUAD CARS (continued) Walsh stated he would like to see other bids. Farniok stated he has gone to Ryan Chevrolet in Buffalo in the past but that most dealerships will not even consider it. Farniok stated most dealerships will not honor the state pricing unless they are able to sell more vehicles. Farniok stated most of the time Fergus Falls provides the Ford vehicles and Dodge of Burnsville will provide the Dodge vehicles. Farniok stated it is typically the same dealerships that have the state contract. Walsh stated he would like to see more pricing information as well as more information on the current vehicles the police department has. Farniok noted within Staff's report is a list of every vehicle with the mileage. Walsh stated if there is a high mileage vehicle, they could swap it with someone who does not put so many miles on it. Farniok stated the investigators will use the vehicles with more mileage, but once the vehicles reach 100,000 miles, they tend to have costly repairs. Farniok indicated they are able to get a higher resale value by trading them at around 90,000 to 100,000 miles. Farniok noted most Dodge vehicles will have a 100,000 mile warranty on them but after that the power train warranty is off. Walsh asked if the City could sell them at auction. Farniok stated they have looked at that and that they tend to receive a higher trade-in price than the auction prices. McMillan stated she does not want to micromanage the Police Chief's decisions and that he has done a good job through the years managing the fleet and his budget. McMillan indicated she is okay with approving the purchase. Levang moved, Cornick seconded, to approve the purchase of three 2016 Dodge Police Charger AWD for $25,700 and one 2016 Dodge Ram pickup for $26,141, plus tax, registration and other miscellaneous fees from Dodge of Burnsville. VOTE: Ayes 4, Nays 1, Walsh Opposed. *10. DISPOSAL OF FORFEITED VEHICLE Levang moved, Printup seconded to approve the disposal of a 1994 Chevy Pickup, VIN#2GCEK19K7R1205875 through the Auto Auction. VOTE: Ayes 5, Nays 0. Farniok reported he met with the Transportation Director in reference to submitting some numbers for bonding related to the Highway 12 improvements. Farniok stated he would like to hold a public meeting to discuss the options and some possible changes that could be made on the Highway 12 bypass. Page 16 of 44 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, December 14, 2015 6:30 o'clock p.m. *10. DISPOSAL OF FORFEITED VEHICLE (continued) Farniok stated they have kicked off a 12 for 12 campaign, which is an awareness campaign to help eliminate fatalities on Highway 12 over the next 12 months. Farniok stated there will be more squad cars visible on Highway 12 as part of that awareness campaign. In addition, the possibility of creating turn lanes for northbound traffic on County Roads 90 and 92 is being considered as well as a roundabout. Printup stated he would like to thank Senators Hertzog and Osmek for meeting with Commissioner Lazelle for highlighting the issues and safety concerns with Highway 12. Printup stated the Commissioner indicated he is receptive to the safety audit, which Police Chief Farniok was instrumental in creating as it relates to the Orono section. PLANNING DEPARTMENT REPORT — JON SCHWINGLER, REPRESENTATIVE 11. #15-3769 CHRIS LAPPEN AND KALLYN BIALOWAS, 3409 EASTLAKE STREET — VARIANCES — RESOLUTION NO. 6567 Senior Planner Gaffron stated the applicants are requesting variances for average lakeshore setback, lake setback, side yard setback, and hardcover in order to construct a detached garage. Due to the creek, this property and the property to the east is considered a lakeshore lot. The applicants originally proposed to construct a 2 -stall 21' x 21' detached garage to replace a similar garage that had been removed by the previous owner some years ago. After the Planning Commission review in October, the applicants revised their plans slightly be reducing the footprint from 21' x 21' to 20' x 20', reduced the roof pitch to provide some visual relief to the neighboring property owner, increased the proposed side setback from 5 to 6 feet, increased the setback to the creek from 18.5 feet to 19.5 feet, and reduced the proposed hardcover from 49.6 percent to 48.89 percent where 61 percent exists and 25 percent is allowed. The Planning Commission recommended approval of the revised proposal given the fact that there are no reasonable location alternatives and an attached single -stall garage would likely require similar if not greater variances. Comments have been received both for and against the proposal and are included in Council's packet. Staff recommends approval of the application subject to the following: Applicants are to remove all hardcover items as proposed, including reconstruction of the driveway to meet the proposed hardcover percentage of 48.9 percent. 2. Grading and drainage plan to be carefully implemented to avoid impact to neighboring properties. Levang asked what other configurations on the property were looked at. Gaffron stated one possible location is bringing it closer to the house but that City Code requires a 10 -foot setback between a principal structure and an accessory structure. Part of that setback is related to visual impact and the other part is related to separation for fire safety reasons. Page 17 of 44 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, December 14, 2015 6:30 o'clock p.m. 11. #15-3769 CHRIS LAPPEN AND KALLYN BIALOWAS, 3409 EASTLAKE STREET — VARIANCES — RESOLUTION NO. 6567 (continued) In order to push it forward and attach it to the house, significant changes to the house would be required and there really is no location in the front given the 50 -foot setback. Moving the garage further back would require additional hardcover for the driveway and would be closer to the lake. Gaffron stated in his view there really are no other options. Levang asked if anyone talked about removing the deck. Gaffron stated they could attach a garage back there but that it would require additional driveway to service it. Walsh stated they could put it where the bump -out window is and have a one -stall garage. Walsh stated all the houses with this lot width either have no garage or a one -car garage and that the neighbor next door built a one -car garage. Walsh stated it is not a matter that they cannot but it is not the preferred option. Gaffron displayed photographs of the property. This property had a two -car garage in the past and was one of the factors that suggested to the Planning Commission that it would not be unreasonable to have a two -car garage. Chris Lappen, Applicant, stated they did look at attaching the garage to the house and it would require frost footings, which would be anywhere from $75,000 to $100,000 and would be about half the value of the house. It would also eliminate the windows on that side of the house. Lappen stated in their view it would not feasibly make sense to put the house there. Lappen noted they will be removing the pavement closer to the creek if the project is approved. Printup asked when the older garage was removed. Gaffron stated it was removed in 2011. Printup asked why they are not rebuilding on the old pad. Lappen indicated the concrete is dilapidated and is approximately eight feet to the creek. Lappen stated they are proposing a minimal size garage at 20' x 20' and that the new garage would be 19 feet from the creek. Levang stated she appreciates the changes from when they first presented the proposal and that they have taken the neighbor's concerns into consideration. Printup asked what the code is regarding the current slab. Gaffron stated once the structure is removed, the property owner has one year to rebuild it, in kind. Gaffron stated since the older garage was closer to the creek, this is a good opportunity to move it further away. McMillan noted the City has granted variances in the past for a garage and that the two main questions are how big it should be and how should the impact be minimized. Page 18 of 44 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, December 14, 2015 6:30 o'clock p.m. 11. #15-3769 CHRIS LAPPEN AND KALLYN BIALOWAS, 3409 EASTLAKE STREET — VARIANCES — RESOLUTION NO. 6567 (continued) McMillan stated it is a small two -car garage and that some people might consider it a one -stall garage with some storage. McMillan noted the applicants purchased the property without a garage. Levang asked if the house was sitting vacant prior to their purchase. Lappen stated to his understanding it was a rental property. Levang moved, Cornick seconded, to adopt RESOLUTION NO. 6567, a Resolution Approving Variances from Orono Municipal Zoning Code Sections 78-1279(1); 78-1279(6); 78-1405(6); 78- 1680; and 78-1700 (1) for Property Located at 3409 Eastlake Street. VOTE: Ayes 5, Nays 0. 12. #15-3770 JON NORRIS AND CATHERINE MORRISON AND PATRICK AND MELISSA MULHERAN, 460 ORCHARD PARK ROAD — FINAL PLAT APPROVAL AND AMEND WETLAND OVERLAY DISTRICT — RESOLUTION NO. 6568 AND ORDINANCE NO. 162 Gaffron stated an application for a preliminary plat to split this 23 -acre property into two 5 -plus acre lots was approved by the City Council on October 26, 2015. A requirement of preliminary plat approval was that the deminimus fill of wetland to accommodate the driveway for Lot 1 would be subject to Orono Code provisions for removing that portion of wetland from the Wetland Overlay District. The amount of wetland filling is 930 square feet. The Minnehaha Creek Watershed District has determined that the proposed fill meets the Wetland Conservation Act criteria for deminimus fill and therefore no mitigation is required. The proposed fill reduces the 5.52 acre wetland to 5.50 acres. The MCWD has also required the installation of two rain gardens on the site, which will be established at the time the shared driveway system is installed as part of the development improvements. Staff recommends approval of the ordinance which redefines the wetland boundary and removes the 930 square feet deminimus fill area from the Wetland Overlay District as well as the resolution approving final plat approval. Mayor McMillan opened the public hearing at 8:37 p.m. There were no public comments regarding this application. Mayor McMillan closed the public hearing at 8:37 p.m. The City Council had no questions regarding this application. Levang moved, Printup seconded, to adopt RESOLUTION NO. 6567, a Resolution Approving the Plat of Orchard Farms. VOTE: Ayes 5, Nays 0. Levang moved, Printup seconded, to adopt ORDINANCE NO. 162, Third Series, an Ordinance Amending the Official Wetland Overlay District Map. VOTE: Ayes 5, Nays 0. Page 19 of 44 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, December 14, 2015 6:30 o'clock p.m. 13. #15-3774 MICHAEL STEADMAN OB/O IRWIN ACOBS, 1700 SHORELINE DRIVE — PRELIMINARY PLAT APPROVAL — RESOLUTION NO. 6569 Gaffron stated at the November 23 City Council meeting, the Council voted 5-0 to table the application, directing Staff to prepare a revised Preliminary Plat Approval Resolution for review and consideration. The revisions include the following: Page 2 — Documentation of 11/23 meeting actions. 2. Page 3 — Removal of the reference to Outlots A, B, and C and replace with just Outlot A. Page 4, Item 11, revised language to exclude reference to three outlots, added tie-in of Outlot A to Lot 4. 4. Page 7, Item 1, revised language regarding outlots. Page 9, Item 8(c), revised construction hours per Council discussion, added definition of road Completion. 6. Page 9, Item 8(h). The Council had suggested adding the applicants proposed school pickup/drop-off traffic control as Item 8(h), but there was not a consensus of whether that authority should be placed only on the Police Chief. After discussions with the Police Chief and City Attorney, Staff has substituted text with regard to the process for determining if and when a problem exists and a process for addressing it. The School District's bus schedule for Heritage Lane has only minimal a.m. /p.m. overlap with the 8:30-4:00 restriction, with the exception of secondary student drop-off from 2:55 to 3:15 p.m. 7. Page 9, Item 8(i), language has been added addressing the process to be followed regarding installation of temporary speed bumps, requiring majority petition of homeowners, public hearing and Council approval. The applicant has also provided a drawing showing the proposed temporary signage for traffic control. Absent further information, Staff assumes these will be placed within the development site. Placement of the signs within City or County right-of-way would require appropriate approvals. Staff recommends adoption of the draft resolution. Council should direct Staff with regard to any necessary revisions in order to accurately reflect Council's conclusions with regard to this subdivision. Michael Steadman stated they are in agreement with Staff and would be able to answer any questions. Levang stated on Page 3 of the resolution, Point 9, she would like to clarify that what is being discussed in Point No. 9 is the extension of the road and that they are not talking about the homes themselves. Levang stated she would like that language to read as follows: "Residents of the Foxhill neighborhood have expressed concerns with safety, noise, and general neighborhood disruption anticipated with regard to the construction of the public road improvements. Page 20 of 44 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, December 14, 2015 6:30 o'clock p.m. 13. #15-3774 MICHAEL STEADMAN OB/O IRWIN ACOBS,1700 SHORELINE DRIVE — PRELIMINARY PLAT APPROVAL — RESOLUTION NO. 6569 (continued) The Council finds that it is appropriate that special conditions be established for use of Heritage Lane for the extension to minimize the disruption and enhance safety." Levang stated it has been her understanding that the concern has been relating to the construction of the road. Walsh stated to his understanding it was both and that it related more to the homes than the road construction. Levang noted the construction of the road will require bigger equipment and that what Mr. Libby showed in his diagram was the impact of two huge vehicles side by side on Heritage Lane. Levang stated that impact is what distinguishes it from other developments in the City. Levang stated the Council is not often in the position where the City is making improvements to a public road in order to advance the building of new homes and that she would like to have the resolution be very specific about why these special conditions are required. Walsh stated he still believes it relates to both. Levang stated that is the language she is proposing. Walsh stated it does not make any sense to remove that. Walsh stated Council Member Levang is saying that the City is okay with the longer work hours for construction of the new homes, which is what the neighbors were saying they did not want. Walsh stated the residents wanted all the workers and equipment to go through 1700 Shoreline. McMillan asked if the speed bumps would just be temporary. Gaffron stated they are not intended to be permanent and that the residents could choose to have them during the construction of the road as well as the three homes. Gaffron stated from a Public Works perspective, it does not make sense to have permanent speed bumps simply because three new homes are being added to the road. McMillan suggested the words "during the construction period" be added to the end of Item I on Page 9. As it relates to the construction of the homes, restricting the hours from 8:30 to 4:00 does not make a lot of sense when it appears that's close to when the secondary buses are going through the area. McMillan stated she does not want that restriction in the summer when school is not in session. McMillan stated she also does not want to bump the time up to 3:00 since the elementary school bus goes through there at 3:15. McMillan stated she would like the hours to start at 8:30 and go to either 7:00 or 8:00, which are the City's normal construction hours. McMillan stated in her view making the home construction very onerous by narrowing the hours will result in a prolonged construction time and make it difficult for some of the homes to be built in a timely manner. McMillan noted the City has not required this with other homes being built in the City and that she has a concern it will be requested by other neighborhoods. Page 21 of 44 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, December 14, 2015 6:30 o'clock p.m. 13. #15-3774 MICHAEL STEADMAN OB/O IRWIN ACOBS,1700 SHORELINE DRIVE — PRELIMINARY PLAT APPROVAL — RESOLUTION NO. 6569 (continued) McMillan noted the Council just approved the extension of McIntyre Lane. In that case the actual road extension is going to come off a different access and be built, but once the road extension is built, the building times are the same as the City Code. McMillan stated she would love to give everybody breaks in the City, but as an elected official, her job is to administer the City Code. The City Code lays out the home construction hours and everybody abides by them. McMillan noted there are currently two vacant lots next to Mr. Libby, and if those get developed at the same time as any one of these three homes, that contractor will basically be allowed to work from 7 a.m. to 7 or 8 p.m. McMillan stated they could be building on those lots and impacting the neighborhood but the people further down have to be on a whole different schedule. McMillan stated she is trying to be as fair as she can be to the entire City and have a set of codes that are enforced uniformly. McMillan stated she needs to justify a deviation from the code. McMillan stated she can understand the restrictions during the construction of the road since it is a city road but that she is troubled by the restrictions during the house construction. McMillan stated once the major road work is completed, the service vehicles will be parked further away from the neighborhood and that the owners have the same right as anybody else to construct their homes. McMillan stated it is a fairness piece and that the construction will impact the residents but that is the code the City Council and residents follow. Levang noted the buses will not run in the summer and that the summer work hours should be consistent with the City's code, which is seven days a week, 7 a.m. to 8 p.m. On Saturday, Sunday and holidays it is 8 a.m. to 8 p.m. Levang stated in her view that is only equitable since that is what every other builder in the City gets. Levang noted the contractor will also have to deal with weight restrictions in the spring. Levang stated the City does have a code that says the exterior of the house must be buttoned up within a year. Levang stated given the restrictions, what will probably end up happening is bigger and bigger crews being hired to get the work done, which will generate more traffic. Levang stated they need to look at it logically as well as equitably. Levang stated she would like the summer hours to revert back to what City Code allows and that she is okay with the road construction hours being limited. Printup noted the City Council discussed last minute changes earlier when it related to budgetary items and that some of the Council Members were opposed to that but that now they are talking about last minute changes relating to the resolution. Printup stated the developer was okay with the restrictions and that the Foxhill residents would get the short -end of the stick with the longer hours. Printup stated he liked some of the talk about school session hours versus summer hours, but that he would like to hear more public comment on that. Walsh stated after a number of discussions the City Council arrived at an accommodation relating to this development. Walsh stated while there may not be buses coming through in the summertime, the 17 kids will be there during the day, with the possibility of there being additional kids in the neighborhood. Walsh stated that change would take them in the opposite direction from what was previously discussed and revising something at the last minute. McMillan stated she struggles with the logic of it. McMillan stated ultimately the City Council makes the final decision but that they need to look beyond this situation and say what is fair for the City. Page 22 of 44 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, December 14, 2015 6:30 o'clock p.m. 13. #15-3774 MICHAEL STEADMAN OB/O IRWIN ACOBS,1700 SHORELINE DRIVE — PRELIMINARY PLAT APPROVAL — RESOLUTION NO. 6569 (continued) McMillan stated she is not sure that an 8:30 to 4:00 restriction during the summer will result in fewer cars than having longer hours. McMillan stated they also do not know when the lots will get developed but that this is a small development with only three lots being created. McMillan stated they also do not know how much traffic will be created. McMillan stated in her view the developer has made some nice concessions and that she is okay with eliminating that restriction in the summer. Walsh stated the City does know when the buses come and leave, they know there are no buses in the summertime, they know that all the traffic will be going down Heritage Lane, and they know how many kids live in the neighborhood. Walsh stated the items the Mayor brought up are irrelevant. McMillan stated there is going to be traffic whether it is related to the construction or the neighborhood. Printup asked what the process would be if speed bumps get put in and trucks are bouncing over them, losing equipment, and the residents would like them taken out. Mattick stated in his view it would be the same process. Mayor McMillan opened the public hearing at 9:03 p.m. Kevin Kokesh, stated he is an attorney representing Dr. Komar, who resides at 1005 Heritage Lane. Kokesh stated in his view there is a solution to all the problems that have been raised, and the solution is to have the access through 1700 Shoreline. Kokesh stated if they are worried about access, construction traffic, and the impact to everyone on Heritage Lane, they could put the access through 1700 Shoreline. Kokesh questioned why that is not being discussed. McMillan noted the Council has discussed an alternate access route in the past. Kokesh stated there has not been a lot of discussion about that and that the neighbors' engineer has said that it is feasible and it can be done. Kokesh stated because the property owner does not want cars to go through his property, the cars are being directed down Heritage Lane even though there is an alternate access. Walsh stated the City did receive the engineer's report as well as the developer's engineer's report but that the Council voted 3-2 to allow the traffic down Heritage Lane. Kokesh stated maybe he can convince them to change their mind. Kokesh stated the alternate road is logical, reasonable, and would only impact one person. Kokesh noted the City is instead talking about buses and construction traffic and speed bumps rather than an alternate access. Greg Coward, 1950 Heritage Drive, stated he is wondering when the City Code of Ordinances (CCO) came to the Mayor's attention. Coward stated at the last meeting the Council discussed the work hours and at the last minute the Mayor has now brought up the CCO. Page 23 of 44 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, December 14, 2015 6:30 o'clock p.m. 13. #15-3774 MICHAEL STEADMAN OB/O IRWIN ACOBS,1700 SHORELINE DRIVE — PRELIMINARY PLAT APPROVAL — RESOLUTION NO. 6569 (continued) McMillan stated the developer has offered up some concessions, she has thought about them, and is in agreement with a fair amount of them. McMillan stated she brought up the summer hours in the event the Council is willing to look at that. McMillan indicated she is worried about setting a precedent on the construction hours. McMillan stated sometimes the meetings get long and there are a lot of things that she thinks about during the meeting but that sometimes there are things in writing that raises questions as to whether it is 100 percent in the direction that will work. McMillan stated it is a process and that sometimes there are a lot of issues to look at. McMillan stated she also has to consider the people who are not at the meeting and how the CCO will be applied in the future. McMillan stated she is comfortable with eliminating construction on the road on the weekends but that in her view the restricted work hours on the homes is a little too onerous. Walsh stated when the Mayor uses the word precedent to defend herself, she is basically hiding behind it and that this is a unique situation and will not set a precedent. Coward stated if the Mayor is saying that this is the CCO and she lives by the CCO, which is something the Mayor should have been absolutely sacrosanct about from day one and not approved any concessions. Coward stated the Mayor needs to be consistent with that, and in this case she is bending way over backwards for the developer. McMillan stated it is her personal opinion and that she might not be in the majority. McMillan stated she tries to do her best to administer the CCO as a Council Member. Levang stated she has been paying attention to the CCO all along and that what is in the existing code allows a developer 89 hours a week. The Council and developer have agreed to 45 hours, which is a difference of over 40 percent. Levang stated in her view that is onerous and puts a huge demand on this development, which is not fair. Levang stated if they were talking about 10 or 15 percent, that would be one thing, but that given the very restricted hours, it is likely the contractor will need to increase his crew and do other things in order to get the work done. As a result, that will mean more cars in the neighborhood and a longer construction period. Levang stated she has had the CCO in mind all along and that they are making an exception here because the residents have asked the Council to do it and because the developer has been amenable to it. Levang stated it is not likely that most people would agree to a 40 percent reduction in work hours if it involved their house and that she is simply asking that the developer be treated fairly. Coward asked how the residents of this neighborhood are being treated fairly. Levang noted the developer has made a number of concessions. Coward asked how long this application has been in front of the City. Page 24 of 44 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, December 14, 2015 6:30 o'clock p.m. 13. #15-3774 MICHAEL STEADMAN OB/O IRWIN ACOBS,1700 SHORELINE DRIVE — PRELIMINARY PLAT APPROVAL — RESOLUTION NO. 6569 (continued) Gaffron stated there has been an application before the City for the last approximately six months but that it was probably at least a year ago that it was first discussed. Coward stated he has been involved in attending Planning Commission and City Council meetings since late August or September when the process officially started. Walsh stated he does agree with Council Member Levang that it is decreasing the hours by 40 percent but that they are probably increasing the traffic through the neighborhood by 100 percent. Walsh stated these are accommodations everyone thought about, discussed and felt were reasonable and now all of a sudden everyone wants to talk about something different. Coward stated not once during the time he sat at the meetings did he hear anything about a road that went through the bluffs rather than over the bluffs. Coward stated in his view there has been misdirection. Coward noted at the last meeting the Mayor said that a truck could not go down that road. Coward asked how she knows that. McMillan stated the road is something that a person could drive an ATV on and that there is no Class 5 on it. McMillan stated she does not know how the City could legally require an alternative road when the property owner is entitled to access over the public road. Coward stated her opinion should have been that she does not want to be sued so she will not vote for it and not to tell the residents that they cannot drive a truck on the road. Coward stated presumably the road could easily be fixed to accommodate the traffic. McMillan stated she has a number of problems with the road and that it would require the removal of trees and the widening of it. McMillan stated the City is also not sure which lot will get developed first. McMillan stated in her view the alternative road is a far-fetched idea and not really possible. Coward asked why the Council talked about the bluffs then. McMillan indicated the discussion about bluffs was not her idea and that she let other people talk about that. Coward stated the residents talked about bluffs because no one at the City said in front of the residents that the discussion should be about the path not accommodating construction equipment. Coward stated no one ever said that they could go through the bluffs and not over them. Coward stated he resents the fact that the residents were not given this information and that he expects the City to have the facts about this development and inform the residents so a good decision can be made. Melanie Flessner, 1190 Heritage Lane, stated many changes have taken place in their neighborhood over the past 50 years, which is apparently how long some of these codes have been in place. Flessner stated there is now at least 35,000 cars on a daily basis going up and down County Road 15 and that it is a four minute wait from Heritage Lane onto County Road 15. Page 25 of 44 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, December 14, 2015 6:30 o'clock p.m. 13. #15-3774 MICHAEL STEADMAN OB/O IRWIN ACOBS,1700 SHORELINE DRIVE — PRELIMINARY PLAT APPROVAL — RESOLUTION NO. 6569 (continued) Flessner stated she has seen oftentimes five cars behind her attempting to get out. Flessner asked how long the residents are supposed to wait to get out onto the road. Flessner noted the County has had other plans to get out of there, such as closing of Foxhill and Heritage Lane and creating an access off of Brown Road. Flessner stated the County has concerns with people entering Heritage Lane and all the construction that has happened on Shoreline Drive. Those vehicles all accessed directly off of Shoreline Drive and did not come down Heritage Lane. Flessner stated 35,000 cars is too much and that she does not want to have to worry about getting onto County Road 15 and possibly being hit from behind. Flessner stated the City needs to be more forward thinking when it comes to the Code and that she is hoping the City Council will look at the residents' rights as well. Flessner indicated she did have a question on the signs. Flessner stated she understands the handout said that the sign would say only a right-hand turn is allowed onto Shoreline Drive. Flessner asked who would be designing the signs and how big they would be. Gaffron displayed the proposed signs. McMillan asked where the signs will be located. Steadman stated they are very open to placing the signs in locations that would be as least obtrusive as possible. Flessner asked whether the sign that says Tanager Estates will be posted on Heritage Lane. Steadman stated the first sign on the overhead will be posted at the entrance to the subdivision. Flessner asked if the signs will block the view of the lake. Steadman stated the signs will be 2' x 2' or 3' x 3'. Flessner stated she has concerns with the size of the signs and that they could become an eyesore. Steadman stated the contractors will see the one sign at the entrance of Heritage Lane and Shoreline Drive. Flessner asked if there is any requirement that the developer inform the contractors of these restrictions. Gaffron stated as part of the stipulations, the developer is required to notify the contractors. McMillan suggested having photographs submitted showing where they would like the signs placed. Flessner stated she would like to be able to see the lake and see whether there is a car coming down the road. McMillan stated Hennepin County should also be notified of the signs. Page 26 of 44 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, December 14, 2015 6:30 o'clock p.m. 13. #15-3774 MICHAEL STEADMAN OB/O IRWIN ACOBS,1700 SHORELINE DRIVE — PRELIMINARY PLAT APPROVAL — RESOLUTION NO. 6569 (continued) Matt Mithun, 1160 Heritage Lane, stated with the right turn only sign, it should perhaps say all construction vehicles rather than simply contractors. Mithun indicated he had a conversation today with Mr. Gaffron and Mr. Steadman about the hours and that all along they have talked about Monday through Friday, 8:30 to 4:00 for the road construction. In addition, in the email today they were talking about when the houses were built that it would remain Monday through Friday. Mithun stated he would like to note again for the record that the majority of the neighborhood has never opposed the development. At the last meeting there was a misconstruction of the residents' message to imply that there is opposition to the development, which has never been the case. Mithun stated the residents would like to see the contractors get the work but that it should be done in a fair and reasonable way. Mithun stated as it relates to fairness, this project is going to make a mess of the neighborhood and that there are 17 kids in the neighborhood and 40 individuals who will be impacted for a number of years. Mithun stated it would be one thing if there was no place for an alternative road but that there is a very viable access that the City should have done more work in reviewing. Mithun stated in his view the City will not get sued over the alternative access and that it is a little disheartening that the Council is considering scaling back some of the restrictions. Walsh stated he remembers the homeowner association's president saying every time that the residents are not opposed to the development. Mithun stated it is not a matter of whether they can legally bring it through Heritage Lane but whether they should. Printup stated he has two modest sized houses on each end of his street under construction and that there are trucks early in the morning and cleanup. Printup stated the City should perhaps put some street cleaning conditions on. Levang noted there will be street cleaning every day. Gaffron stated there is language in the resolution requiring street cleaning every day. Len Dayton, 1980 Heritage Drive, stated he appreciates how much effort the Council Members have put into leading the City and that it is, for the most part, a volunteer position. Dayton stated he saw a copy of a letter from Mr. Beam of Bolton &Meek addressed to Mr. Gaffron dated October 22, which is quite a lengthy letter. The letter starts out saying, as requested, we have completed an engineering review of the documents submitted for the above -referenced project. We offer the following comments for your consideration. Dayton stated he wants to be certain that the comments that were made in that letter have been or will be, prior to final plat approval, addressed by Staff and presented to Council so they have an understanding of what the issues are. Page 27 of 44 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, December 14, 2015 6:30 o'clock p.m. 13. #15-3774 MICHAEL STEADMAN OB/O IRWIN ACOBS, 1700 SHORELINE DRIVE — PRELIMINARY PLAT APPROVAL — RESOLUTION NO. 6569 (continued) Gaffron stated he has had a number of conversations with Mr. Beam regarding the level of completing or addressing every item in the letter and determining which items are critical to have completed prior to preliminary plat approval and which ones should be addressed prior to final plat approval. A number of the comments relate to the Watershed District. Gaffron stated he does have every expectation that everything on that list will be addressed prior to final plat approval. Dayton stated Point 1.1 says that a bluff analysis should be submitted to confirm bluff areas on the plans. Dayton stated he would further point out that the main point that the developer brought to the table, probably at the first meeting, was when an engineered diagram was brought forward of what the proposed construction route will look like, which really focused on the bluffs. Dayton stated he specifically recalls the Council talking about that and how the bluffs were too steep to form a construction route down through the bluffs. Dayton stated the bluffs have been an issue right from the beginning. Dayton stated the neighborhood paid $2,000 for an engineering study to be done but that it unfortunately was delivered by a person who was rather monotone and was only given five minutes to deliver a 10 - point report. Dayton stated the one point that should have been focused on was why an alternative construction route is a plausible concept. Dayton stated in his opinion the alternative construction route has not been given enough time for study or discussion. Dayton stated in his view the residents tried to do something that should have been considered by the City Council and it has not been given due consideration. Dayton indicated he did speak with one of the Council Members recently and that Council Member did indicate that they put a lot of thought into the alternative road and had met with Mr. Gaffron and reviewed it. Dayton stated he does appreciate that, but that in public format and public sessions it does not feel like it has been given due process. Dayton stated he is presuming this will be approved tonight, but that he is hoping the City Council will go through the process to determine whether the alternative road is viable. Dayton stated he is not opposed to the development, and that at some point over the course of this, the neighborhood suggested bringing the heavy construction equipment through Heritage Lane in stages. All the residents are asking for is a more safe passage by having the developer essentially pay for an alteration to a more permanent pass that exists between the bluffs and down the valley into the construction area. Dayton stated he wants to make sure that has been heard and that it is on public record tonight. Dayton indicated he has also talked to another developer in Orono with quite a bit of experience. Dayton stated he understands a bond for road surface damage to Heritage Lane has to be submitted and that the damages are typically not mediated right away and assumes that the asphalt surfaces will be torn up with all the heavy equipment. Dayton stated it likely will take three to five years to complete the project. Dayton asked if it will be at the end of the three to five year period that repair of the asphalt road will be completed. Dayton further asked what happens in the meantime as the road is torn up and whether the developer is required to lay down Class 5 gravel as a replacement surface. Dayton stated street cleaning would not do a whole lot of good if they are sweeping up a Class 5 roadway. Page 28 of 44 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, December 14, 2015 6:30 o'clock p.m. 13. #15-3774 MICHAEL STEADMAN OB/O IRWIN ACOBS,1700 SHORELINE DRIVE — PRELIMINARY PLAT APPROVAL — RESOLUTION NO. 6569 (continued) Gaffron stated the letter of credit that is required is 150 percent of the cost of the public improvements but does not necessarily include a bond for repairing or maintaining the existing road. Gaffron stated the City has done that in the past on occasion and that may be a logical thing to do in this situation. Gaffron stated on a regular basis the City Engineer will take pictures of the road as well as conduct an analysis of the road prior to construction. David Martini, Consulting City Engineer, stated the road should be able to handle this sort of traffic but that a lot of the damage that occurs in construction is related to parking. Martini stated one good thing about this proposal is that the parking will be at the end of the road. Martini indicated they will do a preconstruction assessment and then monitor the condition of the road during the construction. At times the City will take care of the repairs and then bill the developer. Martini stated in his view there is a good process in place to make sure that gets covered and that it can include the house building process in order to further monitor the condition of the road. Gaffron noted construction parking will not be allowed on the road and that it will need to occur down by the cul-de-sac. Mayor McMillan closed the public hearing at 9:43 p.m. McMillan stated prior to final plat approval, she would like to see the plans include the retaining wall, tree mitigation, and then have the developer work with the two neighbors on either side and ask them where they would like the tree replacement to go. McMillan stated she would also like to know how large the replacement trees will be and the size of what will be removed. Levang stated she would like to add the road mediation piece to the resolution. Mattick noted this is a preliminary plat and that condition can be added at final plat, assuming one of the goals is to have closure on the resolution tonight. Mattick stated if the road is damaged during the construction process, the developer will have to fix it, which is a condition that is usually included in final plat. Cornick asked if the construction hours could be tabled. Mattick stated it is something that is already contemplated in the resolution but could be changed. Comick stated the hours do seem to have some future implications and that he would be supportive of the Mayor on the summer hours. Printup asked what the change again is. McMillan stated she would suggest allowing the normal city code hours during the summer. Levang stated those hours would be defined based on when the school lets out in the summer and resumes in the fall. Page 29 of 44 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, December 14, 2015 6:30 o'clock p.m. 13. #15-3774 MICHAEL STEADMAN OB/O IRWIN ACOBS,1700 SHORELINE DRIVE — PRELIMINARY PLAT APPROVAL — RESOLUTION NO. 6569 (continued) McMillan noted she had one change to Item (i). Cornick asked if the issue of an alternate road should be put to rest and whether the Council should just say yes or no to it. Mattick stated if this resolution is adopted, it is no to the alternate road. Printup asked if the applicant would be willing to continue his flexibility by changing the hours to 9 a.m. to 4 p.m. during the school year if the summer hours are expanded. Levang noted they are currently asking for a seven hour work day and that the 9 a.m. to 4 p.m. work day would mean they would have workers who are only going to get paid for six hours a day. Steadman stated they would be open to that but that he would like to point out that any restricted construction hours would add more time to building each of the homes. Steadman indicated normally this size home would take 11 to 12 months to build and that they could be adding a substantial amount of time to each home. Steadman stated their goal here is to get it built as quickly as possible with as little disruption as possible. Steadman noted most contractors would prefer to be at the construction site early but that they are going to work within those boundaries as best they can. Steadman stated the reality, however, is that there will be delays. Walsh stated it is a trade-off for safety of the neighborhood. McMillan stated the hours could go from 7:00 to 3:00, which may be more practical. Printup stated the later morning hour would also let the workers put their own children on the bus. Levang stated the reverse would also be true as well and that they are not gaining anything. Printup stated they are gaining something for the neighborhood. Levang asked if the Council is okay with 9:00 to 4:00 during the school session, Monday through Friday, and then seven days a week during the summer from 7 a.m. to 8 p.m., with Saturday, Sunday and holidays from 8 a.m. to 8 p.m., which is what the City Code says. Printup stated he liked it before when Sundays were excluded. McMillan stated then the City Council should look at changing their code to exclude Sundays. Walsh stated the Council is negotiating against the residents of Foxhill. Page 30 of 44 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, December 14, 2015 6:30 o'clock p.m. 13. #15-3774 MICHAEL STEADMAN OB/O IRWIN ACOBS,1700 SHORELINE DRIVE — PRELIMINARY PLAT APPROVAL — RESOLUTION NO. 6569 (continued) Levang stated that is the code and that it applies to every other builder in the City. Levang stated she would be happy to have the discussion on the work hours moved up on the Council's work session agenda so they can talk about it. Walsh stated Council Member Levang is picking out code to her satisfaction and when it supports her position. Cornick moved, Levang seconded, to adopt RESOLUTION NO. 6569, a Resolution Granting Preliminary Plat Approval for a Class III Subdivision of Property Located at 1700 Shoreline Drive, subject to the conditions that have been discussed concerning the hours of construction during school times, which will be from 9 a.m. to 4 p.m., Monday through Friday, and during the summertime the work hours will be per City Code, which is 7 a.m. through 8 p.m. Sunday through Saturday; subject to the inclusion of the following language under Point 9 on Page 3: "Residents of the Foxhill neighborhood have expressed concerns with safety, noise, and general neighborhood disruption anticipated with regard to the construction of the public road improvements. The Council finds that it is appropriate that special conditions be established for use of Heritage Lane for the extension to minimize the disruption and enhance safety;" subject to Item (i) being amended to read that if a majority of the homeowners submit a written request for speed bumps, the City will install them but they are to only be in effect during construction of the road and homes and not permanently; and subject to the language on the signs reading construction traffic rather than contractors. Printup requested that Sunday not be a work day. Levang stated construction on Sunday is allowed in the City Code and that other builders are allowed to do that. Printup stated the Council can deviate from that if it is requested. Walsh indicated he would be in favor of restricting construction on Sundays. Cornick asked how likely they will be working on Sundays. Printup stated probably not likely. VOTE: Ayes 3, Nays 2, Printup and Walsh opposed. (Recess taken from 9:58 p.m. to 10:05 p.m.) Page 31 of 44 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, December 14, 2015 6:30 o'clock p.m. 14. #15-3789 THE BROADWAY GROUP, LLC, 3590 NORTH SHORE DRIVE — VARIANCES — PUBLIC HEARING — RESOLUTION NO. 6570 Gaffron stated 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 was determined that a lakeshore setback and an average lakeshore setback are also required. The City Council, on November 23, suggested a further revision of the deck location to reduce possible impacts to neighbor's views. A revised plan has been submitted. The applicants are proposing a 20 -foot encroachment into the average Lakeshore setback up by the house as well as a 2 -foot encroachment of the house addition and a 10 -foot encroachment of the deck addition into the average lakeshore setback. The existing and proposed house are located 49 feet from the lake where a 75 -foot setback is required. The house addition is 73 feet from the lake where 75 feet is required. The proposed deck is now 59 feet from the closest portion of the lake. The structural coverage has been modified so that it remains under the 15 percent limit. The proposed hardcover is under the 25 percent limit. A hearing notice has been published and mailed for the average and lakeshore setback variances. Planning Staff recommends approval of the side and street setback variances as well as the lakeshore and average lakeshore setback variances. Mayor McMillan opened the public hearing at 10:08 p.m. There were no public comments. Mayor McMillan closed the public hearing at 10:08 p.m. Walsh moved, Cornick seconded, to adopt RESOLUTION NO. 6570, a Resolution Approving Variances from Orono Municipal Zoning Code Sections 78-1279(1); 78-1279(6); 78-250; and 78- 1680 for the Property Located at 3590 North Shore Drive. VOTE: Ayes 5, Nays 0. *15. #15-3791 JOSEPHINE CARPENTER, 480 RUSSELL AVENUE — COMPREHENSIVE PLAN AMENDMENT — MUSA — RESOLUTION NO. 6574 Levang moved, Printup seconded, to adopt RESOLUTION NO. 6574, a Resolution Granting Preliminary Approval of Amendment No. 3 of the Orono 2008-2030 Community Management Plan for 480 Russell Avenue. VOTE: Ayes 5, Nays 0. 16. #15-3794 TIM AND MARY DOUBEK — 4565 BAYSIDE ROAD — VARIANCE — RESOLUTION NO. 6579 City Planner Curtis stated the applicant is proposing to construct a 2,400 square foot pole building considered an oversized accessory structure between the street and the principal structure on the property. A setback variance is required in order to construct the building streetward of the home. The Planning Commission held a public hearing on November 16 and reviewed the application. There Page 32 of 44 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, December 14, 2015 6:30 o'clock p.m. 16. #15-3794 TIM AND MARY DOUBEK — 4565 BAYSIDE ROAD — VARIANCE — RESOLUTION NO. 6579 (continued) Staff recommends approval and asks the Council to consider adopting the resolution that has been provided. David Bieker, Denali Custom Homes, stated he represents the homeowners and that he would be able to answer the Council's questions. Levang stated the drawings for the building are plain and typically the City Council likes a little more architectural detail. Levang asked whether there will be a cupola or something that will help dress the structure up. Levang noted to the east of this property the Whites have a similar barn which was nicely done. Bieker stated he is not familiar with their property. Levang stated the site where this accessory building will be is somewhat visible from the road. Levang stated she would like to see some additional architectural detail added to the building, such as a cupola, shutters or window boxes. Walsh asked if that is a required code item. McMillan stated when there is a variance, the Council can ask for special conditions, especially since the building is close to the road. Mattick stated the Council needs to make sure that what the Council is requesting is in relation to what is being proposed. McMillan stated in the past the Council has required special architectural features on an accessory structure when it is visible from the road and that they do not want a building that has an industrial or commercial look to it. Bieker stated he is in complete agreement and that the structure will have multiple colors to dress it up and help it blend in with the environment. Bieker stated the property owners have to drive by the structure to get to their home and that they would like it to look nice. Bieker noted it will actually be completely impossible to see it from the road from any property. Levang stated that is not true and that it will be located where the old apple orchard is. Bieker stated when he stands on the site, he cannot see the road. Bieker stated it is clearly indicated on the survey that it is heavily wooded around the site and that there is an apple orchard in front of the building, which makes it very difficult to see the building. Bieker stated they have no intentions of constructing an ugly building where a million dollar home is being built and that they are proposing this location because the new home is being built on the existing home site, which takes advantage of the views of the lake. The previous home was slightly behind it but in the same general location as well. Page 33 of 44 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, December 14, 2015 6:30 o'clock p.m. 16. #15-3794 TIM AND MARY DOUBEK — 4565 BAYSIDE ROAD — VARIANCE — RESOLUTION NO. 6579 (continued) Bieker indicated they looked at alternative sites for the building but the majority of the site is wooded or has steep topography. Bieker noted they would have to construct additional driveway if it was constructed in a different spot and that this location makes the most sense. Bieker indicated they would be okay with dressing it up some more if that is what the Council desires. McMillan commented trees will die periodically and that she would ask for a couple of evergreens in the front so it will be landscaped. Bicker stated there are 30 -foot evergreen trees all around it. Levang stated there are also some people on County Road 6 that constructed a building and they added an architectural feature at the Council's request. Curtis stated they installed a window. Levang stated it seems the applicant is amenable to some changes and that she would suggest they perhaps add a cupola, shutters, or window boxes. Curtis asked if she is looking for something on the street side. Levang stated that would be fine. Levang asked which way the garage doors face. Bieker indicated the garage doors face the driveway to the east. Side wall number one faces the road. Bieker stated they could put some shutters on each side of the window and some planter boxes. Mrs. Doubek stated she would also add a cupola. The structure has a brown roof and beige sides. Bieker stated the colors are meant to have it blend in and not stand out. Printup moved, Walsh seconded, to adopt RESOLUTION NO. 6579, a Resolution Granting a Variance to Municipal Zoning Code Section 78-1434(3) and 78-1435, with the requirement that four shutters and a cupola on the street side of the building be incorporated into the building. Cornick asked if landscaping would also be required. McMillan stated there appears to be evergreen trees there already and that she would rather not add landscaping into perpetuity. VOTE: Ayes 5, Nays 0. Page 34 of 44 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, December 14, 2015 6:30 o'clock p.m. 17. #15-3796 A. SADOWSKI DESIGNS OB/O MICHELE WILLIAMS-ABBOTT, 2941 CASCO POINT ROAD — AVERAGE LAKESHORE SETBACK VARIANCE — PUBLIC HEARING Curtis stated the applicant is requesting an average lakeshore setback variance to permit construction of a second story over the existing home, modifications to a portion of the existing roof to accommodate the addition, and construction of a new lakeside covered porch over an existing deck located between 38 feet and 91 feet ahead of the average lakeshore setback line. The Abbott property is situated between two lakeshore lots owned by the Browns on the north and the Swenson's on the south. The house on the Brown property is 133 feet from the lake. The Swenson home is 261 feet from the lake. The Abbott is 136 feet from the lake. The offset of the neighboring homes results in an average lakeshore setback which almost entirely separates the living space portion of the house from the garage. The Planning Commission has not reviewed this application. The applicant is requesting that the City Council waive reference of this variance application to the Planning Commission for the public hearing. A unanimous vote is required to waive the Planning Commission review. Notice has been provided of tonight's hearing. The 100 -foot offset of the neighboring homes results in the Abbott home being largely nonconforming. Any expansion in the footprint of the mass of the home requires an average lakeshore setback variance. Construction plans and annotated site photos showing the addition outline were provided. Both neighbors have submitted supportive comments and those comments have been included in the Council's packet. Additions to the home do not appear to impact the neighbors' view of the lake. Staff's analysis of the practice difficulty was provided in Staff s memo. Staff finds practical difficulties exist in the arrangement of the three properties and the relationship between the elevations of each of the homes to support granting the average lakeshore setback variance. The Council should consider a motion to waive the Planning Commission's review of the application. The Council should open the public hearing, consider comments from the public, and direct Staff to prepare a resolution either denying or granting approval of the average lakeshore setback variance for adoption at the January 11 meeting. Levang stated she would like the Planning Commission to review this application due to the impact on the average lakeshore setback. Cornick moved, Walsh seconded, to waive review by the Planning Commission of Application No. 15-3796, A. Sadowski Designs on behalf of Michele Williams -Abbott, 2941 Casco Point Road. McMillan noted there is not a Planning Commission meeting in December and that the applicants would lose at least six weeks. McMillan stated in her view there is a real practical difficulty in this situation. Printup stated it seems to make sense to move forward with the application as quickly as possible since the neighbors are out of town and construction could be started in their absence. Sadowski stated they would like to move forward with a building permit right after this meeting so they can begin construction. Page 35 of 44 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, December 14, 2015 6:30 o'clock p.m. 17. #15-3796 A. SADOWSKI DESIGNS OB/O MICHELE WILLIAMS-ABBOTT, 2941 CASCO POINT ROAD — AVERAGE LAKESHORE SETBACK VARIANCE — PUBLIC HEARING (continued) Sadowski stated they attempted to do their due diligence ahead of time and the fact that there is no Planning Commission meeting in December came up as a surprise. Sadowski stated the neighbors will be coming back in the spring and that there is a shared driveway that they got consent to use. Sadowski stated to push it back another month would make it difficult to finish the project prior to the neighbors returning. Levang asked if a building permit could be issued that quickly. Mattick stated traditionally building permits do not issue until the resolution has been adopted. Mattick stated as long as all of the necessary securities are in hand, he would not have a problem with the request that building be allowed to commence before the resolution is adopted. Mattick stated he is assuming the resolution would likely be on the Consent Agenda. Levang asked if the applicant understands she will not receive the building permit tomorrow. Community Development Director Barnhart stated there is some time involved in obtaining a building permit and that he is not aware of when the building permit was applied for. Barnhart stated Staff will review it as quickly as possible but that this meeting tonight is intended to help move it along faster. Walsh stated normally this would come back to the City Council in January but that they can circumvent that and it is just a matter of Staff reviewing the plans. Sadowski stated the plans have been submitted to the City for a couple of weeks before they found out about there being no Planning Commission meeting in December. Curtis stated the plans have been submitted. Typically whenever there is a variance request, the building inspector does not review them until the variance and resolution have been approved but that he has been asked to review them earlier. Levang stated she just wants the applicant to understand that the building permit probably will not be issued tomorrow. Sadowski stated she understands that. VOTE: Ayes 5, Nays 0. Mayor McMillan opened the public hearing at 10:31 p.m. There were no public comments regarding this application. Mayor McMillan closed the public hearing at 10:31 p.m. McMillan noted this is a practical difficulty given the location of the house on the left. Page 36 of 44 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, December 14, 2015 6:30 o'clock p.m. 17. #15-3796 A. SADOWSKI DESIGNS OB/O MICHELE WILLIAMS-ABBOTT, 2941 CASCO POINT ROAD — AVERAGE LAKESHORE SETBACK VARIANCE — PUBLIC HEARING (continued) Walsh moved, Cornick seconded, to direct Staff to draft an approval resolution for Application No. 15-3796, A. Sadowski Designs on behalf of Michele Williams Abbott, 2941 Casco Point Road, granting of an average lakeshore setback variance. Levang asked if Staff could review the hardcover in the 75 -foot zone. Curtis indicated there is an existing boathouse, stairway, and deck on the lakeside of the home, which will remain. VOTE: Ayes 5, Nays 0. McMillan noted the resolution will be before the City Council on January 11 and the applicant can work with Staff on the building permit. Mattick stated past practice has always been not to issue the building permit prior to the resolution being adopted and that he would recommend the City Council authorize Staff to issue the building permit before the resolution is adopted. Walsh moved, Printup seconded, to issue the building permit if it is ready prior to adoption of the resolution. VOTE: Ayes 5, Nays 0. MAYOR/COUNCIL REPORT Walsh wished everyone a Merry Christmas and Happy New Year. Cornick thanked Staff for their hard work over the past year. Levang announced the Marfield Family Foundation made a very generous donation to the community garden and that she would like to thank Council Member Printup for his assistance in that. Levang stated she would also like to acknowledge the work the Orono Police Department is doing and that other cities are very happy with the service they are receiving from the Orono Police Department, especially on the Heart Safe program. Levang reported that Thaddeous Steel did receive his Eagle Scout for his work at French Creek. Printup noted tonight's Council packet is roughly 1,000 -plus pages and that the cost to print off the packets was approximately $273.50. Printup stated his iPad has been working great and that he would encourage the rest of the City Council to go paperless as much as possible. McMillan stated last Friday she, Jessica, Adam, and Rick Meyers met with Mr. Lurton's daughter to discuss the off leash area at Lurton Park. Page 37 of 44 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, December 14, 2015 6:30 o'clock p.m. MAYOR/COUNCIL REPORT (continued) McMillan stated she had talked with the family and they were a go with the off -leash dog area but that they would like the City pay for the infrastructure for that area. McMillan stated she suggested this item be brought before the City Council in February since it would involve some more complex issues and that she would like the Council to work in tandem with the Park Commission on this item. McMillan stated she would also like to thank Staff for their hard work this year and that in her view it has been a productive year. CITY ADMINISTRATOR'S REPORT 18. WAYZATA FIRE SERVICE AGREEMENT City Administrator Loftus stated before the City Council tonight is the Wayzata Fire Service Agreement. Loftus noted the City has contracted with the City of Wayzata for fire service to a portion of Orono since at least 1962. Loftus noted the cost is going down slightly from 2015. Printup stated he is opposed to this old, expensive contract. Printup stated the agreement is over 50 years old and that the data and facts will speak for themselves. Printup stated in his view the City could get very similar service for much less and that this is not the first time he has talked about this. Printup noted he had suggested holding neighborhood meetings, which did not happen, but that it is time to act on this and move the other way. Printup stated in his view this has been an issue in the past of emotion versus logic and that there is no threat to public safety if the agreement is not renewed. Printup noted there are nearly 4,000 parcels in Orono. This contract will cost $29,000 for 2016 and covers approximately 180 parcels, which is approximately 4.5 percent of Orono. With an average of 22 calls for service per year, that is over $1,000 a call. According to the NFPA, the National Fire Protection Association, the average response time for a rural area of less than 500 people per square mile is 14 minutes. Orono's response time is far below that, with an average of 6.29 minutes. Orono's response time is way below average. Printup noted there is also a department in Navarre that sits one mile from Minnetonka Beach but yet the department in another city three miles away covers Minnetonka Beach. Printup stated the Orono Police Department is usually on the scene first. From a public safety factor, the police are normally on the scene first and the local departments also have mutual aid to help people. Printup stated the bottom line is that people get help and they get help fast and are usually attended to by the police before anyone else. Printup stated the bottom line deals with the following three issues: (1) There is no threat to public health and safety by voting the contract down. Fire departments fight fires. While police cannot fight a fire, they can render aid and be on the scene. (2) The police are normally on the scene first and can provide aid. (3) The police are normally on the scene for alarms and many times they are false alarms. Nearly all calls for service are medically related alarms and not for fire calls. Printup stated based on quantity and the pricing formula, the contract cost to add 180 parcel service area to Long Lake would be around $4,500 as a result of the call area being so small versus $29,000 with Wayzata. Printup stated this would allow savings to the taxpayers without diminished service. Page 38 of 44 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, December 14, 2015 6:30 o'clock p.m. 18. WAYZATA FIRE SERVICE AGREEMENT (continued) Printup moved, Walsh seconded, to not approve the agreement with the City of Wayzata. Levang asked if this has been vetted with the Wayzata Fire Department. Printup indicated the Fire Advisory Commission talked about rolling it into the Long Lake Fire Department last year. Levang asked why this has not been brought up when it was discussed at the Fire Advisory meetings. Printup indicated it was brought up about a year ago. Levang stated if the advisory board was discussing this, it should have been mentioned to the City Council during the Mayor/Council update or during the budget process. Levang stated she also thought Police Chief Farniok indicated the fire department is often there first, which is one of the reasons why the police officers do not carry Narcon. Loftus stated the ambulances and firefighters carry the Narcon, but to her recollection Police Chief Farniok did not say they are at the scene first. Walsh noted the fire department is on call; whereas the police department has officers on duty 24/7. Levang stated she was waiting for this to be brought up by Council Member Printup during the budget period so a plan could be put in place and community meetings could be held to make sure that the residents were on board with it and any questions they had were answered. Levang stated when Council Member Printup did not raise the topic during the budget process, she thought he was okay with it. Printup stated the Mayor had suggested having neighborhood meetings and that he indicated he was all in favor of it. Walsh noted it was not put on any work session agenda. Printup stated he also brought it up with the new Council at the beginning of the year and encouraged the City Council to look at this. Printup stated at a work session less than a year ago it was brought up and it was never followed through. Levang stated if this had been brought up during the budget meetings, she would have been in favor of looking at it. Levang stated she supports looking at it 100 percent but it was not discussed during this year's budget process. McMillan stated saying you want to do it and actually doing it are two different things. Levang stated she is in favor of looking at this but that it should have been brought up earlier. McMillan stated she thought Council Member Printup had lost interest in it since it was not brought up during the budget process. Page 39 of 44 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, December 14, 2015 6:30 o'clock p.m. 18. WAYZATA FIRE SERVICE AGREEMENT (continued) McMillan stated there is no letter from the Long Lake Fire Department or the Long Lake City Council saying that they are okay with this. The City has also not reached out to the neighborhood. Printup stated he mentioned it a year ago and nothing got done. McMillan stated if this is a concern of Council Member Printup, it is his responsibility to keep it front and center with the Council and that it should have been brought up during the budget process. McMillan noted Council Member Printup is on the Fire Advisory Committee and that there is no letter or memo from them on where they stand on this issue and that she is also not sure what the Long Lake City Council, the Wayzata Fire Department, and the citizens feel about this. Walsh asked when the current contract ends. Loftus stated it ends at the end of the year. Printup noted it is $29,000 versus $4,500, with no change in service. Levang stated they are talking about taking something away from the citizens without telling them beforehand. Levang stated she thought Council Member Printup had dropped this issue since it did not come up during the budget process. Levang stated she would be willing to help Council Member Printup work on this if he would like to pursue it for 2017. Levang asked if the Council could table this item or extend the contract for another month or two so they can look into it. Mattick stated if the Council tables it tonight, the City Administrator will need to call and ask for the contract to go month -to month. Mattick stated if the City of Wayzata says no to the month-to-month contract, the City would not have a contract for 2016. Loftus stated Staff did speak with the City of Wayzata last year and that they reduced the contract cost by $5,000 at that time. Loftus stated that was the last direction Staff received on this item. Loftus stated she is not sure Wayzata would be completely surprised if they heard about this conversation but that she is not sure why they would agree to a month-to-month contract. Cornick noted work on Highway 112 will begin in 2016 and the road will be all tore up, which is the main route to this area. Cornick stated the timing might be bad given the anticipated road construction and that the response times will be longer once the road is tore up. Levang stated she does want to look at the numbers and have a future conversation to come up with a strategy. Cornick stated there should be information from the Long Lake City Council and Fire Department on how they feel about it. Levang stated there needs to be a process followed and the residents need to have a voice. Page 40 of 44 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, December 14, 2015 6:30 o'clock p.m. 18. WAYZATA FIRE SERVICE AGREEMENT (continued) Mattick noted there is no termination provision in the contract, and if the contract is approved, it is approved for the year. Levang stated she would be willing to attend a special meeting. McMillan stated it should be properly vetted and that she has no information on what it would cost. Walsh stated if the information is obtained prior to the end of the year, he would also be willing to attend a special meeting. McMillan noted public comment will not be received by then. MOTION: Printup moved, Walsh seconded, to not approve the agreement with the City of Wayzata. VOTE: Ayes 2, Nays 3, McMillan, Levang, and Cornick Opposed. Levang moved, McMillan seconded, to approve the Wayzata Fire Protection Agreement for 2016. VOTE: Ayes 3, Nays 2, Printup and Walsh Opposed. 19. 2016 NON-UNION EMPLOYEE COMPENSATION — RESOLUTION NO. 6572 Loftus stated the City Council annually adopts a non-union compensation adjustment and approves an adjustment to the monthly insurance contribution. The resolution also confirms that the City will continue to reimburse employees at the IRS allowed mileage rate in 2016. New this year is a safety shoe reimbursement for certain qualified employees. Walsh asked what the current family plan is that the City contributes. Olson stated a $90 increase was approved earlier in the year, which was 50 percent of the increase. Walsh stated in his view $1,165 is a lot and that he personally would not agree to increase the City's contribution to the family plan. Walsh stated his experience is that most workers do not get that in the private sector. Loftus stated the increase is reflective of the contract negotiations that were had earlier this year. Walsh noted that is for the union workers and that in his view the $1,165 is more than plenty. Levang noted the waiver amount was not changed either. Olson indicated that is decreasing. Page 41 of 44 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, December 14, 2015 6:30 o'clock p.m. 19. 2016 NON-UNION EMPLOYEE COMPENSATION — RESOLUTION NO. 6572 (continued) Walsh stated it does not make sense to keep bumping it up when most employers only pay for the individual employee. Walsh stated in his view the $1,165 is very generous, especially compared to the private sector. Walsh moved, to adopt RESOLUTION NO. 6572, a Resolution Approving Pay Plan Adjustments for Non -Union City Employees for 2016, and to change the City's cafeteria benefit plan contribution from $1,255 to $1,165. MOTION DIED FOR LACK OF A SECOND. Levang moved, Cornick seconded, to adopt RESOLUTION NO. 6572, a Resolution Approving Pay Plan Adjustments for Non -Union City Employees for 2016. Walsh stated he agrees with the other items on there but that the City's contribution of $1,165 is plenty. VOTE: Ayes 4, Nays 1, Walsh Opposed. 20. ADOPTION OF JOB DESCRIPTIONS Loftus stated one of the final recommendations of the compensation study was to update the City's existing job descriptions. The duties and skills identified in the job descriptions were used to assign the position points for pay equity and ultimately integrated into the play plan. Cornick noted the description under police chief does not include supervision of the deputy chief. Loftus stated that should be added. Cornick moved, Levang seconded, to approve the job descriptions effective January 1, 2016, with supervision of the deputy chief being added under the duties of the police chief. VOTE: Ayes 5, Nays 0. *21. APPOINTMENT TO ORONO ICE ARENA BOARD OF DIRECTORS Levang moved, Printup seconded, to approve the appointment of Dennis Walsh to the Orono Ice Arena Board of Directors. VOTE: Ayes 5, Nays 0. *22. ORONO POLICE GARAGE — PAY REQUEST NO. 14 AND 15 Levang moved, Printup seconded, to approve Pay Requests No. 14 and 15 for the contractors working on the Orono Police Garage Project as listed in an amount totaling $39,374.75. VOTE: Ayes 5, Nays 0. *23. LICENSES & PERMITS Gambling Permit 1. Orono High School Athletics Department Raffle during the home basketball, swim and dive, and hockey games Page 42 of 44 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, December 14, 2015 6:30 o'clock p.m. CITY ADMINISTRATOR'S REPORT, CONTINUED Levang moved, Printup seconded, to approve the above -listed permit. VOTE: Ayes 5, Nays 0. *24. CLAIMSBILLS Levang moved, Printup seconded, to approve payment of the All Funds Account. VOTE: Ayes 5, Nays 0. Loftus stated she and the Mayor are currently working with Minnetonka Beach and Spring Park relating to the police contracts. Loftus stated a change to the cost formula will likely be coming before the City Council at some point in the future. Loftus noted the City Attorney will be amending the covenants regulating Lurton Park to allow the dog park. Loftus reported year-to-date the City has had 50,000 views on its website, with the police department having the most views at 15,000 -plus views, permit applications having over 5,000 views, and the City Council meetings having approximately 4,900 views. CITY ATTORNEY'S REPORT 25. HAZARDOUS BUILDING DESIGNATION, 1735 FAGERNESS POINT ROAD — RESOLUTION NO. 6573 Mattick stated the City has initiated these sorts of actions in the past when it comes to the attention of the building department. The building inspector reviewed this property earlier in the year and then met with the property owner. The property owner had indicated at that time that he would like to renovate the structure but that has not come to pass and the building has deteriorated further. The most recent inspection on October 13 showed the house is unsecure with damage to the roof, siding, paint, and windows. The resolution and the drafted order require the property owner to remedy the health and safety hazards within 20 days. If they are not addressed within that day, the City will hire the demolition of the structure and repair of the property, with the costs to be billed to the property owner. Levang asked if the taxes have been paid on the property. Barnhart indicated they have been paid. Mattick stated the structure will be torn down, the foundation removed, and fill will be brought in to mitigate the hazard. Levang commented it is a safety issue and it should be addressed. Cornick stated he can see where there has been correspondence with the son but that the letters to Toney Williams have come back saying return to sender. Cornick stated he is not sure if the property owner is aware of this action. Cornick asked if the City is obligated to make sure the owner is aware of it. Page 43 of 44 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, December 14, 2015 6:30 o'clock p.m. 25. HAZARDOUS BUILDING DESIGNATION, 1735 FAGERNESS POINT ROAD — RESOLUTION NO. 6573 Mattick stated the City would like to get voluntary compliance to avoid this process. Mattick stated he is not sure why the son has gotten involved in this but that the son has toured the property with the building inspector. Mattick stated it is his understanding the building inspector has spoken to the property owner on the phone. Cornick asked if the son has power-of-attorney. Mattick stated he is not aware of that but that all correspondence to Toney Williams has been returned or not accepted. Mattick stated the City has to serve the property owner with the order. Levang noted the property owner lives in Idaho. Levang moved, Walsh seconded, to adopt RESOLUTION NO. 6573, a Resolution Ordering Repair or Removal of Hazardous Conditions. VOTE: Ayes 5, Nays 0. CLOSED MEETING McMillan noted the City Council will be going into closed session as permitted by Section 13D.05, Subdivision 3(c) to consider offers relating to the City's possible sale of the parcel of land identified by PID #05-117-23-24-0118. Printup moved, Levang seconded, to enter into closed session at 11:23 p.m. VOTE: Ayes 5, Nays 0. (The City Council went into closed session from 11:23 p.m. to 12:15 p.m.) ADJOURNMENT ATTEST: Diane Tiegs, City Clerk Lili Tod McMillan, Mayor Page 44 of 44 REQUEST FOR COUNCIL ACTION DATE: January ll, 2016 ITEM NO: 3 Department Approval: Administrator Reviewed: Agenda Section: Name Jessica Loftus Y"-4 Presentation Title City Administrator Item Description: State Representative Jerry Hertaus Minnesota State Representative Jerry Hertaus will attend the January 11th meeting to provide a brief update of legislative activity and address any issues or questions. COUNCIL ACTION REQUESTED: No action required. REQUEST FOR COUNCIL ACTION DATE: January, 2016 ITEM NO: 4 Department Approval: Administrator Reviewed: Agenda Section: Name Adam T. Edwards, P.E. ATIE Y"-4 Public Works Director/ Title Public Works Director City Engineer's Report Item Description: 2015-16 Sanitary Sewer Rehabilitation Project Award List of Exhibits A- Project Area Map B- Bid Tabulation Sheet C- Construction Management Proposal, Bolton and Menk 1. Purpose. The purpose of this action item is to gain Council approval to solicit Bids for the 2015-16 sanitary sewer rehabilitation project. 2. Background. Metropolitan Council Environmental Services (MCES) provide sanitary sewer treatment for the majority of communities (including Orono) in metropolitan area. Since 2005, MCES has identified Orono as one of the communities who contribute excessive Inflow and Infiltration (I & I) to MCES's system and assessed a surcharge fee ($121,827 for 2016) against the city. This charge can be offset by any I & I improvement projects the city undertakes. The City has been executing a sanitary sewer rehabilitation project annually to reduce I & I. Council approved solicitation of bids at the October 26th, Council meeting. Bids were opened on December 10, 2015. 3. Project Scope. The sanitary sewer rehabilitation project will consist of Cured in Place Pipe (CIPP) lining approximately 4,915 feet of aged sanitary sewer pipes (1964-1969), manhole reconstruction, and lid replacement (Exhibit A). These lines have significant I&I issues as they are located in low lying areas where the pipe is below the groundwater elevation. 3. Cost. The lowest acceptable Bid was for $266,234.90 from Insituform. (Exhibit B) Who Work Cost Insituform CIPP and Manhole Lining $ 266,234.90 Bolton &Meek Construction Management NTE $17,350.00 TOTAL $283,584.90 4. Funding. This project will be funded through the Sanitary Sewer Enterprise Fund and a $25,000 grant from MCES. 5. Timing. Project is to be completed by the end of July 2016. COUNCIL ACTION REQUESTED: Consider a motion to award the sanitary sewer improvements contract to Insituform for $266,234.90 and approve the Bolton & Menk Construction Management Proposal. I xi',TIM1J'i iANITARYr`Fy+41fi. 1,Is 1"IN', I:,,lki l'.4414 BOLTON SL MENFG, INC. ConsMlffng Englnsens & Surveyors MANKATO. MN FAI=. IPI �Y EYE, MN EJFN5VLLL MY wL MNi, M d46NA, MN RAM4V, MN MA0.FA'0C9, MN B XTM MN RPCHESSFJI, MN AMTS M 4E7 C -M M 013o%on & Menk, Inc 2015, All Rights Reserved N1dtNnictafmsn%caoy[3nlNnsep_plH.ewB MUM 7=- F 1 A w L F r� r S Y � Y a � t i.,7t.� r` v i � • frI y ,N t � 4 4+ 3 I xi',TIM1J'i iANITARYr`Fy+41fi. 1,Is 1"IN', I:,,lki l'.4414 BOLTON SL MENFG, INC. ConsMlffng Englnsens & Surveyors MANKATO. MN FAI=. IPI �Y EYE, MN EJFN5VLLL MY wL MNi, M d46NA, MN RAM4V, MN MA0.FA'0C9, MN B XTM MN RPCHESSFJI, MN AMTS M 4E7 C -M M 013o%on & Menk, Inc 2015, All Rights Reserved N1dtNnictafmsn%caoy[3nlNnsep_plH.ewB MUM 7=- F CITY OF ORONO, MINNESOTA 2015 SANITARY SEWER REHABILITATION .DULY 2015 OVERVIEW 1 w r S 6 CITY OF ORONO, MINNESOTA 2015 SANITARY SEWER REHABILITATION .DULY 2015 OVERVIEW REQUEST FOR COUNCIL ACTION DATE: January 11, 2016 ITEM NO: 5 Department Approval: Administrator Reviewed: Agenda Section: Name Adam Edwards ATE ym� Public Works Director/ Title Public Works Director/City Engineer City Engineer's Report Item Description: Water Treatment System Improvements — Pay Request No. 8 - FINAL List of Exhibits A- Recommendation Letter from Bolton & Menk B- Contractor's Pay Request No. 8 1. Purpose. Gain Council authorization for Pay Request No. 8 (Final) of the Water Treatment System Improvements. 2. Background. On January 12, 2015, the Council awarded the contract to improve the city's water treatment facilities to Municipal Builders, Inc and further authorized Bolton & Menk to perform construction oversight. Work includes updating the chemical feed system to meet MN Department of Health requirements as well as replacing roofing, replacing doors, painting, new electrical and HVAC improvements. 3. Cost. Total Cost for the project is $710,899.78 broken down as listed below: Who Work Cost Bolton & Menk, Inc. Design and Bid Engineering $42,160.00 Municipal Builders, Inc. Water Treatment Improvements $625,000.00 Municipal Builders, Inc. Change Order #1 $2,939.78 Bolton & Menk, Inc. Construction Oversight $40,800.00 TOTAL $710,899.78 4. Funding. This project is funded from a bond issue in 2014. 5. Status. Municipal Builders has completed approximately 100% of the work and has requested payment of $33,714.43. (Exhibit B). Bolton & Menk has reviewed the payment request and confirmed that the work has been completed to standard (Exhibit A). The Lien Waivers, IC 134 forms and Consent of Surety documents have been received by the City. COUNCIL ACTION REQUESTED: Consider a motion to approve Pay Request No. 8 to Municipal Builders, Inc. in the amount of $33,714.43 for the Water Treatment Systems Improvement project. December 9, 2015 BC) L.T(=)N & M E N K Consulting Engineers & Surveyors 12224 Nicollet Avenue • Burnsville, MN 55337 Phone (952) 890-0509 • Fax (952) 890-8065 www.botton-menk.com Mr. Adam Edwards, P.E. Director of Public Works/City Engineer City of Orono 2750 Kelley Parkway Orono, MN 55356-9387 RE: Orono, MN Water Treatment System Improvements Project No.: C13.108617 Dear Mr. Edwards: ! Nom® Please find enclosed Pay Application No. 8 for the above referenced project. This pay request is the final pay application for this project and will pay the contractor the remaining amount plus all retainage. All items have been completed. The City still has a two-year warranty on the items completed as part of this project. I have reviewed the Pay Application and find it to be complete and in order. I recommend that payment be made in the amount shown. If you agree, please sign and return one signed copy to the Contractor with payment and one to me for our files. If you have any questions on the above, please call. Sincerely, BOLTON & MENK, INC. Seth A. Peterson, P.E. Project Manager Cc: David Martini, P.E., Bolton & Menk, Inc. Enclosures H:IORNO1C1310861717_Constntction\F_Pay Applicationslpay app 81Edwards pay app 8.docx DESIGNING FOR A BETTER TOMORROW Bolton & Menk is an equal opportunity employer mi 0 al �Ln Lu u rn N �I to z ce G CL. W In L. J o Cz LLT M u. z z z j LO�tinaVin0 o d 2 W O 'O u O N Q 01 m r+ IM O Q u L ri v O D ti z oQQ 0 LL M M iv C3 0 H M z a Q W 2 LLI0 ce -a c 4W V CL O O t i W H m CL crl ? 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'-d z r r ��LO0LOLoM N [ 7 1d7 �[7 ° r �r CD(D� fl- CITY OF ORONO 2015 SANITARY SEWER IMPROVEMENTS BID DATE: DECEMBER 10, 2015 - 10:00 AM CONTRACTOR TOTAL AMOUNT BID INSITUFORM $266,234.90 LAMETTI & SONS $281,727.45 VEIT & COMPANY $312,330.00 MICHELS $339,581.00 VISU-SEWER $378,282.00 H:\ORNO\C13109540\6_Plans-Specs\B_Bid Tabulation\109540 Bid Tab.xls BQ L.TON a M E=- N K • Consulting Engineers & Surveyors � 2638 Shadow Lane, Suite 200 • Chaska, MN 55318-1172 Phone (952) 448-8838 • Fax (952) 448-8805 www.bolton-menk.com January 5, 2016 City of Orono Attn: Adam Edwards PO Box 66 Orono, MN 55323 RE: 2015 Sanitary Sewer Improvements Project - Construction Phase Services Dear Adam: 1 r* -%4 (=. As requested, we have prepared a scope of services and estimated fee for the construction phase of the 2015 Sanitary Sewer Improvements Project. Scone of Services Public Coordination/Communications Bolton & Menk is committed to supporting the coordination requirements of this project with qualified staff and will proactively engage affected property owners and the general public with timely and accurate information. Construction Observation Construction observation will be provided. Duties of the Construction Observer will include the following: • Attendance at the pre -construction meeting and all construction -related meetings • Serve as a liaison between the City and the contractor • Review of the completed work to determine if the project is in general conformance with the plans and specifications • Maintenance of construction documentation Communication with affected property owners, as necessary, to address their construction -related concerns and issues Construction Administration Construction administration duties will include the following: • Administering a pre -construction meeting * Administering project meetings • Preparation of pay estimates • Contractor communications * Liaison with City Staff and Council Record drawings detailing the completed improvements as recorded by the construction observer and the City of Orono's contractor will be completed and furnished to the City in hard copy and electronic format. 2015 Sanitary Sewer Improvements Project (Dr, January 5, 2014Page 2 Fee Estimate Based on the scope of services described above, we propose a not -to -exceed fee of $17,350 to be billed on an hourly basis. The projected fee estimate is based upon a 4 -week construction schedule with pre and post construction coordination anticipated. Please let me know if you have questions or need additional information. Sincerely, BOLTON & MENK, INC. ? VI& David P. Martini, P.E. Principal Engineer REQUEST FOR COUNCIL ACTION DATE: January H, 2016 ITEM NO: 6 Department Approval: Administrator Reviewed: Agenda Section: Name Adam Edwards, PE LITE Y"-4 Public Works Director/ Title Public Works Director/City Engineer City Engineer's Report Item Description: 2016 Engineering Services Rate Schedule List of Exhibits A- Proposed 2016 Bolton & Menk Rate Schedule 1. Purpose. The purpose of this action item is to gain Council approval of the attached 2016 fee schedule for consultant engineering services from Bolton & Menk, Inc. 2. Background. Bolton & Menk has proposed the attached fee schedule for 2016 engineering services. The adjusted fees for Orono represent an increase of 3.3% for specific city projects and private development reviews. The discount rates for general city engineering services remain unchanged. Bolton & Menk has been the City's consulting engineering firm since 2012. 3. Recommendation. Staff recommends that the Council approve the rate schedule. COUNCIL ACTION REQUESTED: Consider a motion to approve the attached consultant engineering services fee schedule. December 15, 2015 BO L.TON & M F== N K i Nom® Consulting Engineers & Surveyors 2638 Shadow Lane, Suite 200 • Chaska, MN 55318-1172 Phone (952),4,48-8838 • Fax (952) 448-8805 www.bolton-menk.com City of Orono Attn: Ms. Jessica Loftus 2750 Kelley Parkway Orono, MIST 55356 RE: 2016 Professional Engineering Services Dear Ms. Loftus: DE".n (� S 3 �JJ We are pleased to once again offer professional engineering services to the City of Orono for 2016 in accordance with the attached Fee Schedule. We look back with great satisfaction on the important projects we have been able to complete with you and your staff at the direction of the City Council. I have every confidence that our long- term knowledge of the Community and understanding of the City's needs coupled with cooperation and hard work will result in the successful completion of the projects identified by the City for 2016. Once again, despite many rapidly increasing business expenses, we are proposing only minor modifications to our rate structure. This highlights our ongoing intentional goal of providing the wide array of services and expertise the City needs as cost effectively as possible. It is this commitment that has led to a five year average, aggregate fee increase of just slightly above 2% per year. Moreover, it is my pleasure to inform you that we will continue offering the "municipal discount" for key staff members serving your City at the same hourly rate. This rate has remained unchanged for over 5 -years. This discount applies to day-to-day general engineering items and tasks not related to specific City projects or private development projects. As these fees are usually paid out of the City's General Fund, it is our intent that this municipal discount will help to minimize the engineering impact on the General Fund budget. Further, we have not changed our fee for City Council and Planning Commission meeting attendance. The fee structure items identified above reflect our continued commitment to provide you high quality and frill service municipal engineerhlg services with increasing value and efficiency. Please review the attached information and contact me with any questions you may have. We are committed to providing you with the superior service you expect and require! Respectfully Submitted, BOLTON & MENK, INC. Kreg J. Schmidt, P.E. Vice President KJSIkj s DESIGNING FOR A BETTER TOMORROW Bolton & Menk is an equal opportunity employer. 2016 CITY OF ORONO FEE SCHEDULE January 1, 2016 ExperienceStaff 4 ■ Hourly otherwise F ■ 5r. Principal Engineer / Surveyor $170-$240 Sr. Project Manager- Principal Engineer/ Surveyor $127-$180 David Martini: 20+ **First 20 hrs/month @ $60/hr Senior Transportation / Aviation Planner $125-175 Project Manager (Inc. Landscape Architect) $106-$170 Brian Simmons: 15+ **First 10 hrs/month @ $60/hr Project / Design Engineer / Planner / Landscape Architect $52-$170 Licensed Surveyor $94-$165 Project Surveyor $82-$130 Specialist (Nat. Resources; GIS; Traffic; Graphics; Other) $47-$140 Senior Technician (Inc. Survey) $72-$165 Technician (Inc. Survey) $33-$140 Administrative Support & Clerical $29-$110 City Council Meeting / Planning Commission Attendance ***No Charge +r ■ affrMil w I CIP Planning No Charge GPS / Robotic Survey Equipment No Charge CAD/ Computer Usage No Charge Routine Office Supplies No Charge Routine Photo Copying/ Reproduction No Charge Heli Supplies / survey Stakes & Equipment No Charge Mileage No Charge Notes: *City Hourly Rates Apply to Hourly Services Completed on Behalf of The City for Municipal Projects. "Applies to Mon -Project Specific, General Day -To -Day City Engineer Related Work Items & Tasks. ***Regularly Scheduled City Council and Staff Meetings. REQUEST FOR COUNCIL ACTION DATE: January 11, 2016 ITEM NO: 7 Department Approval: Administrator Reviewed: Agenda Section: Name Adam Edwards ATE ym� Public Works Director/ Title Public Works Director/City Engineer City Engineer's Report Item Description: Kelly Avenue Drainage (Carmen Outlet) 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 reconstruction of the Kelly Avenue Storm Sewer Outfall Project at Carmen Road. 2. Background. Residents of Kelly Avenue reported excessive flooding in the street during larger rainfall events and are further concerned about the impact of future development on the storm system in the area. In 2014 Bolton & Menk, Inc. was contracted to conduct a drainage analysis and provide recommendations. On May 11th, 2015 the Council authorized the design engineering for the upsizing of the Carmen Bay Outlet. This is the first of three projects aimed at improving the drainage for the Kelly Avenue area. On September 14th, 2015 the City Council awarded the project to Kusske Construction. 3. Status. Kusske Construction has completed approximately 90% of the work and has requested payment of $60,953.28. (Exhibit B). Bolton and Menk has reviewed the payment request and confirmed that the work has been completed to standard (Exhibit A). The remaining work, primarily landscaping and site restoration will be completed after the thaw in the spring. 4. Cost. The cost of the project is $81,618 broken down as listed below: Who Work Cost Bolton &Menk, Inc. Design Engineering & Construction Oversight NTE $11,900 Kusske Construction Water Treatment Improvements $69,718 TOTAL $ 81,618 5. Funding. The project is funded from the Storm Water Fund. COUNCIL ACTION REQUESTED: Motion to approve Pay Request No. 1 to Kusske Construction in the amount of $60,953.28for the reconstruction of the Kelly Avenue Storm Sewer Outfall Project at Carmen Road. BQ LTON a M r-= N K • Consulting Engineers & Surveyors " 2638 Shadow Lane, Suite 200 • Chaska, MN 55318-1172 Phone (952) 448-8838 • Fax (952) 448-8805 www.bolton-menk.com January 5, 2016 City of Orono Attn: Adam Edwards 2750 Kelley Parkway Orono, MN 55356 RE: Kelly Avenue Storm Sewer Outfall City of Orono Dear Adam: f Nom® Enclosed is Payment Request No. 1 from Kusske Construction for work completed on the Kelly Avenue Storm Sewer Outfall Project through December 31, 2016. We have reviewed the estimate, verified the quantities, and recommend payment in the amount of $60,953.28. Please contact me if you have any questions or need additional information. Sincerely, BOLTON & MENK, INC. --L> 1) VJ& David P. Martini Principal Engineer HAORN01C1311D19711_CorresN _To OthersTay Request No Ldoc DESIGNING FOR A BETTER TOMORROW Bolton & Menk is an equal opportunity employer • = BOLTC.>NaNlE=-NK • Consulting Engineers & Surveyors " 2638 Shadow Lane, Suite 200 • Chaska, MN 55318-1172 Phone (952) 448-8838 • Fax (952) 448-8805 www.bolton-menk.com January 5, 2016 Kusske Construction 424 Chestnut Street Suite 204 Chaska, MN 55318 Re: Kelly Avenue Storm Sewer Outfall City of Orono I Nom® Enclosed are 3 copies of Pay Request No. 1 for the Kelly Avenue Storm Sewer Outfall Project in the amount of $60,953.28. Please review the quantities and amounts shown to be assured of complete satisfaction. If everything is in order, please sign on all three copies of the Pay Estimate and return them to the City of Orono as soon as possible. If you have any questions, please feel free to call. Sincerely, BOLTON & MENK, INC. David P. Martini, P.E. Principal Engineer DPM/dpm Enclosures cc: Adam Edwards, City of Orono H:lORNO%C1311019711_CorreslC_To OthersTay Estimate 1 1-5-16.doc DESIGNING FOR A BETTER TOMORROW Bolton & Menk is an equal opportunity employer CONTRACTOR'S PAY REQUEST NO. 1 KELLY AVENUE STORM SEWER OUTFALL CITY OF ORONO BMI PROJECT NO. C13.110197 TOTAL AMOUNT BID PLUS APPROVED EXTRA WORK.................................................................. $69,718.00 TOTAL, COMPLETED WORK TO DATE............................................................................................. $ 64,161.35 TOTAL, STORED MATERIALS TO DATE............................................................................................ $ DEDUCTION FOR STORED MATERIALS USED IN WORK COMPLETED ......................................... $ TOTAL, COMPLETED WORK & STORED MATERIALS...................................................................... $ RETAINED PERCENTAGE ( 5%)............................................••...................................... $ 3,208.07 TOTAL AMOUNT OF OTHER DEDUCTIONS............................................................................... $ NET AMOUNT DUE TO CONTRACTOR TO DATE............................................................................. $ 60,953.28 TOTAL AMOUNT PAID ON PREVIOUS ESTIMATES................................................................... $ PAY CONTRACTOR AS ESTIMATE NO. 1.................................................................... $ 60,953.28 Certificate for Partial Payment I hereby certify that, to the best of my knowledge and belief, all items quantities and prices of work and material shown on this Estimate are correct and that all work has been performed in full accordance with the terms and conditions of the Contract for this project between the Owner and the undersigned Contractor, and as amended by any authorized changes, and that the foregoing is a true and correct statement of the contract amount for the period covered by this Estimate. Contractor: KUSSKE CONSTRUCTION 424 CHESTNUT STREET SUITE 204 CHASKA, MN 55318 By Name Title Date 115116 CHECKED AND APPROVED AS TO QUANTITIES AND AMOUNT: BOLTON & MENK, INC., ENGINEERS, 2638 SHADOW LN, SUITE 200, CHASKA MN 55318 By CONSULTANT CITY ENGINEER DAVID P. MARTINI, P.E. Date APPROVED FOR PAYMENT: Owner: CITY OF ORONO, MINNESOTA By _ Title J LL O W W LLIa Y 1 w W Y Has C2_°. Q o Z T F 0 W W CC F a O W O a O � U CC Y O O 00000000r�obooa000000 d a d d o p cn 0 0 0 0 0 0 0 0 0 0 0 b 0 b 0o d 49 n; F C O 0 N O47 O o lli 1 n O N0 (off o o Lr) N c0 N b 4] 0 nn o C I O o (O On C o Sly 4 j O mfD O c l I da O o O u30 O {p Z Lo 169 03, ma (hr a69r nNMr o c+7r Lr)47047N 40 w 69 N (.9 w L9 r O `9 0Nr r69(O a LU 0¢ Oo 020 Up ¢ F Q F ~ b O b O 0 0 0 o N o0 0 0 d o� o 0 0 0 O O O ¢r(Nn r(�P W TT(�O (b7Nb0 NONi N a,-NNr N NN Q (q Z Z O i O_Ua 7 .0 IL a= a aa� az 0 0 O O 0 0 O O 0 0 O O 0 0 O b 0 00 O O 0 d o 0 0 0 0 0 0 0 0 0 b 0 0 o n 0 0 d o 0 0 p 0 0 0 0 0 0 0 O O F OOC,*cri000 O N 0(G n00 fDf, 6600000 o O 0 C4i00 N(h 0)(o G4i V 00o ao Z 0704]4](+ia-0co Nn cr), O P]c% C41 0O d� if)N O W co." N 4_]00 co cob A E00 Ind 69 69 69q Nrfa 49 �[7r ON2 G9� 69 (6N fie 49 c+]�E9fA c m ¢ O O O b O O U,8888-88818 d0op0 O O O O O O 0 0 O addo 0 p o O 0 o o 0 doLU wCoolh O 4i00ui n m ui ui (n Go uiCC M7 ,0! rm(�u�vvrso io Ocfi 000ora Z—Ir 'i 4) 41� co Yi c7 es Ncc7 --mom 49 694969 N69 1,10 N}O IL 169 69 m Lu 2 22 2 O ���fgl�V F �U(AUJ}zZZLL�iriC�}UUUN}}}tL rr < �04az¢p¢aap000zzz¢}¢¢¢amdpzz W��w�w��NFFF���wUwww2Umm=,�0 J on 7 J Q ¢ z Ca3Ja FQ r 4)Mn vNrN ONNNrm0 oo d rNr N O N w co X a Y U_ � p U=a w 00 C7 LU Q m F z Z F WN � Xrwiu> 4)co� F2 r2 m ❑ W W — Ucoxiraa: 0LUW O2 a°m–»U ga r �dawCz ZW7m oOWUUoaQa 'wDn-566 U OoFW J ¢ a ZNzo��a0inc~ADa LOOMMMZ ?)OM rii U U��Q U- Ir CL ac UJ 0 gZ Q F`ZO<6000 0w�Yc7c~r�y 0 m ¢z4+D O Z ��[¢CU3?ZZ¢=Or}�rumco Z¢ d 2 M Z LL J Q g 0 O F W .4212 per) (wJJ z 9z0lll Q [aC3: Q W~¢ owXMMLL w za ¢ w?�w�aT�oZWoow Z> w2Ua W W� FF yZ7 wWw—Ocn mx 2001 az¢ z0 Y 0<cc�fr QIr ca D FILaEn NFwwwFz¢C7aaa[a[a¢wUCDZ2ZZCL oaN�7jadTHa�¢F-C7 W C) (L 77 J7�p M cc wG7HH 2w� JwZ ME FHm Cc W HHZ V cc ¢ Lzz UU0–aU)xccCcUCiDO-000w3:000 °0ccCcwO= Fn vc wZYNc��encona�w — - - - - - - - - -o^Nmv�noncomo r N INv]acf)(o N N N N N N REQUEST FOR COUNCIL ACTION DATE: January 11, 2016 ITEM NO: 8 Department Approval: Administrator Reviewed: Agenda Section: Name Adam Edwards ATE ym� Public Works Director/ Title Public Works Director City Engineer's Report Item Description: Carmen Bay Shoreline Restoration Project- Pay Request No. 6 List of Exhibits A. Recommendation from Stantec B. Contractor's Request for Payment No. 6 1. Purpose. Gain Council approval for Pay Request No. 6 for the Carmen Bay Shoreline Restoration Project. 2. Background. On May 14, 2012 the City Council awarded the contract for the restoration of a portion of the shoreline along Carmen Bay. The Project restored the shoreline closer to the historical location and stabilized the shoreline with native plantings to prevent future erosion. The project provides protection to the sanitary sewer manholes and adequate cover over the top of the sanitary sewer pipe. 3. Status. The project is complete and is now entering into the final year of its maintenance period. Sunram Construction has requested payment for 2015 maintenance activities and a reduction in the retainage percentage to 2%. (Exhibit B). Stantec has reviewed the payment request and confirmed that the work has been completed to standard (Exhibit A). 4. Cost. The cost of the project is $76,357.00 of which $67,757.58 of work has been completed. 5. Funding. The project is funded through Orono's Sanitary Sewer and Storm Sewer Operating Funds along with a Grant from Minnehaha Creek Watershed District (MCWD). COUNCIL ACTION REQUESTED: Consider a motion to approve the attached Pay Request No. 6 for the contractor Sunram Construction, Inc., in the amount of $2,830.73 for the Carmen Bay Shoreline Restoration Project. Stantec Consulting Services Inc. 2335 Highway 36 West 5t. Paul MN 55113 Tel: (651) 636-4600 Fax: (651) 636-1311 November 6, 2015 Mike Gaffron Senior Planner City of Orono 2750 Kelley Parkway Orono, MN 55356 Re: Carmen Bay Shoreline Reconstruction City of Orono Stantec Project No. 183800277 Dear Mr. Gaffron, Please see the attached Request for Payment No. 6 for the above referenced project. Please execute the documents, keep one copy for your files, and forward one copy to the contractor, and one (1) copy to our office. This pay request covers the second year's maintenance which included rodent and waterfowl fence upkeep and weeding. The retainage was also reduced to 2%. There is one more year of vegetation management planned for this project. Should you have any questions regarding this project, please feel free to call me at 651-6044884. Sincerely, STANTEC Darren T. Amundsen Enclosure cc: Ron Olson, City of Orono 0 Stantec Owner: City of Orono, P. O. Boz 66, Crystal Bay, MN 55323 Date: November 5, 2015 For Period: 9/30/2014 to 11/5/2015 Request No 6 Contractor: Sunram Construction, Inc., 20010 - 75th Ave. N., Corcoran, MN 55340 CONTRACTOR'S REQUEST FOR PAYMENT CARMEN BAY SHORELINE RECONSTRUCTION STANTEC PROJECT NO. 193800277 SUMMARY 1 Original Contract Amount 2 Change Order - Addition 3 Change Order - Deduction 4 Revised Contract Amount 5 Value Completed to Date 6 Material on Hand 7 Amount Earned 8 Less Retainage 2% 9 Subtotal 10 Less Amount Paid Previously 11 Liquidated damages - 12 AMOUNT DUE THIS REQUEST FOR PAYMENT NO. Recommended for Approval by STANTEC Approved by Contractor: SU kAM CONSTRUGTION, INC. $ 0.00 $ 0.00 Approved by Owner: CITY OF ORONO Specified Contract Completion Date: Date: 193800277REQ6.tlsm $ 76,357.00 $ 76,357.00 $ 67,757.58 $ 0.00 $ 67,757.58 $ 1,355.15 $ 66,402.43 $ 63,571.70 $ 0.00 $ 2.830.73 No. Item BASE BID: 1 MOBILIZATION 2 TEMPORARY WOOD/MULCH CONSTRUCTION ENTRANCE 3 REMOVE EXISTING TREE, DIA. 6 IN. OR GREATER 4 CLEAR AND GRUB, DIA. LESS THAN 6 IN. 5 WOODY INVASIVE SPECIES REMOVAL 6 COMMON EXCAVATION (EV) 7 COMMON BORROW (LV) 8 IMPROVED PIPE FOUNDATION 9 SHORELINE GRARDING/SHAPING 10 GEOTEXTILE STABILIZATION MAT 11 FIELD STONE BOULDERS, 2-3 CF 12 COMPOST GROUTING 13 DECIDOUS TREE T' CAL. B&B 14 PLANTINGS 15 HARDWOOD SHREDDED MULCH 16 VEGETATIVE MAINTENANCE, 3 YR 17 RODENT PROTECTION FENCING 18 FIBER LOG 19 FILTER LOG BARRIER 20 SILT FENCE, HEAVY DUTY 21 TREE PROTECTION FENCE 22 WOODLAND EDGE SEED MIX W/STRAW MULCH, TYPE I 23 MNDOT 270 SEED MIXTURE W/ CATEGORY 3 BLANKET AND FERTILIZER 24 FLOTATION SILT CURTAIN, STILL WATER TOTAL BASE BID: TOTAL BASE BID: TOTAL WORK COMPLETED TO DATE 193800277REOb.Al. $67,757.58 $67,757.58 Contract Unit Current Quantity Amount Unit Quantity Price Quantity to Date to Date LS 1 3650.49 1 $3,650.49 EA 1 700.00 1 $700.00 EA 5 400.00 7 $2,800.00 LS 1 1200.00 1 $1,200.00 LS 1 1500.00 1 $1,500.00 CY 100 25.75 20 $515.00 CY 120 26.20 273 $7,152.60 CY 40 56.40 20 $1,128.00 LS 1 3450.00 1 $3,450.00 SY 625 5.90 403 $2,377.70 CY 100 104.00 100 $10,400.00 CY 150 49.50 100 $4,950.00 EA 5 410.00 5 $2,050.00 EA 2458 4.52 88 2458 $11,110.16 CY 140 58.00 85 $4,930.00 EA 3 840.00 1 2 $1,680.00 LF 770 2.63 761 $2,001.43 LF 375 5.50 363 $1,996.50 LF 375 3.15 0 $0.00 LF 50 4.00 0 $0.00 LF 150 2.10 0 $0.00 SY 1110 1.00 860 $860.00 SY 150 2.10 77 $161.70 LF 420 8.00 393 $3,144.00 $67,757.58 $67,757.58 $67,757.58 PROJECT PAYMENT STATUS OWNER CITY OF ORONO STANTEC PROJECT NO. 193800277 CONTRACTOR SUNRAM CONSTRUCTION, INC. CHANGE ORDERS PAYMENT SUMMARY Nn_ Frnm Tn Pnumont Pniainanu !`mm�luinil 1 06/01/2012 07/03/2012 40 172.31 2,114.33 42 286.64 2 07/04/2012 08/02/2012 9,752.44 2,627.62 52 552.37 3 08/03/2012 10/03/2012 10 710.54 3,191.33 3826.624 6--31-82-6-.6-2- 4 10/0 2012 07119/2013 11760.54 3,283.99 65,679.82 5 07/20/2013 09/29/2014 1,175.87 334588 66f917.58 6 09/30/2014 11/05/2015 2,830.73 1,355.15 67 757.58 Material on Hand Total Payment to Date $66,402.43 Ori inal Contract $76,357.00 Retainage Pay No. 6 1,355.15 Chan a Orders Total Amount Earned 67 757.58 lRevised Contract 76 357.00 193800277REQ6.tlsm ORONO POLICE DEPARTMENT REQUEST FOR COUNCIL ACTION Date: January 11, 2016 Item No: 9 Department Approval: Administrator Reviewed: Agenda Section: Name: Correy Farmok Y"-4 Public Safety Title: Police Chief Item Description: Adopt Bureau of Criminal Apprehension (BCA) Joint Powers Agreement (Renewal) DISCUSSION The Orono Police Department has a current Joint Powers Agreement (JPA) with the Minnesota Bureau of Criminal Apprehension. The current JPA will expire shortly. The JPA allows the Orono Police Department to use systems and tools available over the State's criminal justice data communications network. By law (Minn. Stat. 471.59, sub. 1) the JPA must be approved by City Council. This new JPA will remain in effect for five years from the date approved by Council. Joint Powers Agreement is attached. COUNCIL ACTION REQUESTED Consider a motion to adopt a resolution and to approve the Joint Powers Agreement with the MN Bureau of Criminal Apprehension. RESOLUTION APPROVING STATE OF MINNESOTA JOINT POWERS AGREEMENTS WITH THE CITY OF ORONO ON BEHALF OF ITS CITY ATTORNEY AND POLICE DEPARTMENT WHEREAS, the City of Orono on behalf of its Prosecuting Attorney and Police Department desires to enter into Joint Powers Agreements with the State of Minnesota, Department of Public Safety, Bureau of Criminal Apprehension to use systems and tools available over the State's criminal justice data communications network for which the City is eligible. The Joint Powers Agreements further provide the City with the ability to add, modify and delete connectivity, systems and tools over the five year life of the agreement and obligates the City to pay the costs for the network connection. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota as follows: 1. That the State of Minnesota Joint Powers Agreements by and between the State of Minnesota acting through its Department of Public Safety, Bureau of Criminal Apprehension and the City of Orono on behalf of its Prosecuting Attorney and Police Department, are hereby approved. Copies of the two Joint Powers Agreements are attached to this Resolution and made a part of it. 2. That the Police Chief, Correy Farniok, or his or her successor, is designated the Authorized Representative for the Police Department. The Authorized Representative is also authorized to sign any subsequent amendment or agreement that may be required by the State of Minnesota to maintain the City's connection to the systems and tools offered by the State. To assist the Authorized Representative with the administration of the agreement, the City Clerk is appointed as the Authorized Representative's designee. 3. That the Prosecuting Attorney, Ken Potts, or his or her successor, is designated the Authorized Representative for the Prosecuting Attorney. The Authorized Representative is also authorized to sign any subsequent amendment or agreement that may be required by the State of Minnesota to maintain the City's connection to the systems and tools offered by the State. To assist the Authorized Representative with the administration of the agreement, the City Clerk is appointed as the Authorized Representative's designee. 4. That Lili Tod McMillan, the Mayor for the City of Orono and Diane Tiegs, the City Clerk, are authorized to sign the State of Minnesota Joint Powers Agreements. Passed and Adopted by the Orono City Council on this 11 ih day of January, 2016. City of Orono ATTEST: By: Diane Tiegs Its City Clerk By: Lili Tod McMillan Its Mayor Date Application Received: 11/17/15 Date Application Considered as Complete: 12/02/15 60 -Day Review Period Expires: 01/31/16 REQUEST FOR COUNCIL ACTION Date: 28 December 2015 Item No. 10 Department Approval: Administrator Approval: Agenda Section: Name: Melanie Curtis YY1GG Y"_4 Planning Title: Planner Item Description: #15-3796 — A. Sadowski Designs o/b/o Michele Williams -Abbott — 2941 Casco Point Rd Average Lakeshore Setback Variance — Resolution Application Summary: At the December 14th meeting, the City Council reviewed a variance to permit the construction of a 2nd story over the existing home, construct modifications to portions of the existing roof to accommodate the addition, and to construction of a new lakeside covered porch over an existing deck lakeward of the average lakeshore setback line. At the applicant's request, the Council voted 5 to 0 in favor of waiving the Planning Commission's review of the request for an average lakeshore setback variance. The City Council held a public hearing. After hearing from the applicant and considering the supportive comments submitted by the neighbors, the Council discussed and approved the request on a vote of 5 to 0. Additionally, the Council voted 5 to 0 to direct staff to issue the permit, prior to adoption of an approval resolution, so that construction could commence upon a satisfactory review of the building plans. The permit for the addition was issued on December 23rd COUNCIL ACTION REQUESTED The Council should consider adopting or amending the attached resolution granting approval of the average lakeshore setback variance. List of Exhibits Exhibit A. Draft Resolution Exhibit B. Planning Report & Exhibits 12/07/15 Exhibit C. Draft Council Minutes 12/14/15 Council Exhibit A A RESOLUTION APPROVING A VARIANCE FROM MUNICIPAL ZONING CODE SECTION 78-1279 FILE NO. #15-3796 WHEREAS, Michele Williams -Abbott Trust (hereinafter the "Owner"), is the owner of the property addressed 2941 Casco Point Road and legally described as: Lot 92 and the southerly 30 feet of Lot 93, Spring Park, Hennepin Couffty, Minnesota (hereinafter the "Property"); WHEREAS, on November 17, 2015, John Abbott and Michele Williams -Abbott, trustees of the Michelle Williams -Abbott Trust, (hereinafter the Applicants") on behalf of the Owner applied for a variance from Orono Municipal Zoning Code Section 78-1279(6) to allow construction of a second story over the existing home; modifications to the roof to accommodate the second story addition; and a lakeside covered porch lakeward of the average lakeshore setback line; and WHEREAS, on December 14, 2015, after published and mailed notice in accordance with Minnesota Statutes and the, City Code, the City Council held a public hearing, at which time all persons desiring to be heard concerning this application were given the opportunity to speak thereon; and WHEREAS, on December 14, 2015, the City Council reviewed the application and the recommendations of City staff and ducted preparation of findings for approval of the variance. NOW, THEREFORE, I$F- IT RESOLVED that the City Council of Orono, Minnesota hereby approves the requested variance as described above based on one or more of the following findings of fact concerning the Property: FINDINGS OF FACT; 1. This application was reviewed as Zoning File #15-3796. The analysis contained within staff memos and the exhibits attached to the aforesaid memos, all minutes from the above mentioned meetings, and any and all other materials distributed at these meetings are hereby incorporated by reference. 2. The Property is located in the LRAC, One Family Lakeshore Residential Zoning District. 3. The Property contains 27,600 square feet in area and has a defined lot width of 92 -feet at the ordinary high water level and 106 -feet at the 75 -foot setback. 4. The Property is within Tier 1 and hardcover is limited to 25% according to the Stormwater Quality Overlay District. The Property contains 22% hardcover. 5. Applicants have applied for the following variance: a. Variance from Orono Zoning Code Section 78-1279(6) to allow construction of a second story, roof modifications and an open porch between 38 -feet and 91 -feet lakeward of the average lakeshore setback line. 6. In considering this application for variance, the Council has considered the effect of the proposed variance upon the health, suety, and welfare of the community, existing and anticipated traffic conditions, light and air, danger of fire, risk to the public safety, and the effect on values of property in the surrounding area. ANALYSIS: 1. Variances shall only be permitted when they are in harmony with the general purposes and intent of the ordinance..." The purpose for the ordinance is to protect views of the lake enjoyed by adjacent property owners. The proposed additions and modifications to the home will not adversely impact existing views of the lake from neighboring properties. 2. "Variances shall only be permitted when the variances are consistent with the comprehensive plan." Construction of a second story addition over portions of the residential home is in harmony with the intent of the use of the residential property as indicated in the Comprehensive Plan. 3. 'Variances may be granted when the applicant for the variance establishes that there are practical difficulties In complyirg with the zoning ordinance. 'Practical difficulties,' as used in connexion with the grarYdng of a valiance, means that: a. The property owtW in question proposes to use the property in a reasonable manner, however, the proposed use is not permitted by the official controls. Application of the average lakeshore setback rule results in over half of the home being non -conforming. The second story addition over the existing home footprint is reasonable. b. The plight of the landowner is due to circumstances unique to his property not created by the landowner. 2 The average Lakeshore setback line over the home on the Property resulting from the setback offset between the neighboring homes was not created by the Owner. c. The variance, if granted, will not alter the essential character of the locality." Lake views currently enjoyed by the neighboring properties will not change as a result of this project. 4. "Economic considerations alone do not constitute practical difficulties." The variance is requested due to the location of the existing home and setback, rather than economic considerations. 5. "Practical difficulties also include but are not limited to inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth-swtered construction as defined in Minn. Stat. § 216C.06, subd. 2, wtzen in harmony with Orono City Code Chapter 78." This criterion is not applicable. 6. "The board or the council may not permit as a variance any use that is not permitted under Orono City Code Chapter 78 for property in the zone where the affected person's land is located." The residential use is compatible with the LR -1C zoning district. This criterion is not applicable. 7. "The board or council may permit as a variance the temporary use of a one -family dwelling as a two-family dwelling." This criterion is not applicable. 8. "The special condittom applying to the structure or land in question are peculiar to such property or immediately adjoining property." The unique shape and orientation of the Property as well as the abutting properties results in an awkward setback offset not common in lakeshore properties. 9. "The conditions do not apply generaffly to other land or structures in the district in which the land is located." The orientation of the Property in relation to the adjacent properties is unique to the Property. 10. "The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant." Granting of the average lakeshore setback variance is necessary in order to construct the 2nd story addition preserving a property right of the Owner. 11. "The granting of the proposed variance will not in any way impair health, safety, comfort or morals, or in any other respect be contrary to the intent of this chapter." The variance to construct the additions to the home will not impact health, safety, comfort, or morals or be contrary to the zoning code. 12. "The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty." Granting the average lakeshore setback variance to construct the additions will alleviate a difficulty created in the orientation of the Property and surrounding properties. CONCLUSIONS, ORDER AND C014DITIONS: Based upon one or more of the above findings, the Orono City Council hereby grants a variance to Orono Municipal Zoning Code Section 7$-1279(6) to allow construction of a second story over a portion of the home; roof modifications over a portion of the home to accommodate the second story addition; and construction of an open covered porch between 38 -feet and 91 - feet lakeward of the average lakeshore setback lane where no structures are permitted; subject to the following conditions: 1. Council approval is based on the survey dated 11/17115 and building plans submitted by the Applicants and annotated by City staff, attached to this Resolution as Exhibits A & B. Any amendments to the plans which are not in conformity with City codes may require further Planning Commission and City Council review. 2. Authorities granted by thss resolution run with the Property not with the Owner, but are permissive only and must be exercised by obtaining a building permit for the new construction and commend construction of said project. A framing inspection must be completed within one year of the date of Council approval, or the variance will expire on that date (January 11, 2017). 3. Violation of or non-compliance with any of the terms and conditions of this resolution shall constitute a violation of the 'toning code, shall automatically terminate any authority granted herein, and shah be punishable as a misdemeanor. 4. The undersigned Applicant has read, understand and hereby agree to the terms of this resolution and on behalf of the Owner 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 this 111 day of January, 2016. 4 ATTEST: CITY OF ORONO: Diane Tiegs, City Clerk Lili Tod McMillan, Mayor Property Owner STATE OF MINNESOTA COUNTY OF HENNEPIN Property Owner This instrument was acknowledged before me this day of , 2016, by trustee on behalf of the Michele Williams -Abbott Trust. 0 £o ++ M dg1. Resolution Exhibit A i g i I z D MO Z O ���gfff g i 11 2 N n EggZ � h m, Resolution Exhibit B X-AmIlm Ai < am �r L--31. J1 �' _ an O X 9 m z E2ii W N x � ma �O � �, 1111 PF r Z Z m O 01z>� O0p yC vF `"ni' Ilk /%C o■e H,> 2| # 9 ■£§;.!!§!!! =�■�e®®| r;;| ! P K � Ilk /%C 11H OR H,> 2| zk 0-1 Date Application Received: 11/17/15 Council Date Application Considered as Complete: 12/02/15 Exhibit B 60 -Day Review Period Expires: 01/31/16 REQUEST FOR COUNCIL ACTION Date: 7 December 2015 Item No. Department Approval: Administrator Approval: Agenda Section: Name: Melanie Curtis hIGG Planning Title: Planner Item Description: #15-3796 — A. Sadowski Designs o/b/o Michele Williams -Abbott — 2941 Casco Point Rd Average Lakeshore Setback Variance — Public Hearing Application Summary: The applicant is requesting approval of an average lakeshore setback variance. The variance would permit the construction of a 2nd story over the existing home, modifications to portions of the existing roof to accommodate the addition, and construction of a new lakeside covered porch over an existing deck between 38' and 91' ahead of the average lakeshore setback line. The subject lot, the Abbott property, is situated between two lakeshore lots resulting in application of the average lakeshore setback. The property to the north owned by Nancy Brown (2933 Casco Point Road) is 133 feet from the OHWL; the property to the south owned by Cliff and Barbara Swenson (2965 Casco Point Road) is located 261 feet from the OWHL. The location of the Swenson home results in a severe average lakeshore setback line over the Abbott property which almost entirely separates the living space portion of the house from the garage. The Planning Commission has not reviewed this application. Due to the project logistics and shared driveway the applicant as well as the most affected neighbors (Swensons) have hopes of completing the majority of the construction while the Swensons are away for the winter. The applicant and staff discussed the project in the Fall and due to an inaccurate survey in the file which represented the home at 2967 Casco Point Road as the adjacent neighbor rather than the Swensons, it was not obvious an average lakeshore setback variance would be necessary. Upon a more detailed review correctly applying the average lakeshore setback requirements, staff determined a variance would be necessary. The City's meeting schedule does not offer a Planning Commission meeting opportunity in December, therefore pursuant to City Code Section 78-122 the applicant is requesting that the City Council waive reference of this variance application to the Planning Commission for the public hearing. A unanimous vote is required in order to waive the Planning Commission's review. Notice was published to allow for a public hearing by the City Council at the December 141h meeting. LOT ANALYSIS WORKSHEET Section 78-350 - Setbacks: LR -1C Required Existing Proposed Rear/Street 30' j 33.1' from Swenson Property No Change +120' from Casco Point Rd North Side 10' 10.5' 10.5' South Side 10' 11' 11' Lakeshore 75' 136' 136' The existing home is between 38'— 91' lakeward of the average lakeshore Average Lakeshore setback line. The additions proposed over the existing footprint are almost I entirely lakeward of this setback. The proposed screen porch roof will be over an existing structural deck. #15-3796 7 Dec 2015 Page 2 of 4 Section 78-350 - Lot Area/Width: DISTRICT Lot Area Lot Width Required ` 21,780 s.f. (0.5 acres) 100' Actual 27,600 s.f. (0.63 acre) 92' @ 75'/106' @ OHWL Section 78-1403- Structural Coverage: Total Lot Area Total Structural Coverage 27,600 s.f. (0.63 acre) Allowed: 4,140 s.f. (15%) Proposed: 3,780 s.f. (13%) Section 78-1680 and 78-1700 -Hardcover Calculations: Stormwater Total Area Allowed Overlay in Zone Hardcover Existing Hardcover Proposed Hardcover District Tier Tier 1 27,600 s.f. 6,900 s.f. 6,030 s.f. i 280 s.f. 6,055 s.f. 280 s.f. w/in ! (25%) (21.8%) w/in 75' (22%) 75' Applicable Regulations: Average Lakeshore Setback Variance (Section 78-1279(6)) Because the property is a lakeshore lot and is situated between two lakeshore properties, the average lakeshore setback requirement applies. The Abbott property and the Swenson property are configured as opposing flag -shaped lots; the Swenson lot is wider at Casco Point Road and narrow at the lake, while the Abbott property is narrow (30' wide) at Casco Point Road and 106 feet wide at the lake. This configuration further adds to the deeper offset creating the average lakeshore setback. The +100 -foot offset of the neighboring homes results in most of the Abbott home being nonconforming with respect to the average lakeshore setback. Any expansion of the footprint or mass of the home will require an average lakeshore setback variance. The applicant has provided construction plans as well as annotated site photos which reflect the proposed changes to the Abbott home. Both neighbors have provided supportive comments about the project and variance request (Exhibit G). The Swensons' view of the lake from their patio area is shown in the applicant's photo (labeled as "exhibit C" on Exhibit F2). The additions to the Abbott home do not appear to impact the Swensons' current view of the lake; nor do the additions appear to adversely impact lake views from the Brown residence on the other side. Governing Regulation: Var'!"—AMr a �ycdo: 78-1.23) In reviewing applications for variance, the Planning Commission shall consider the effect of the proposed variance upon the health, safety and welfare of the community, existing and anticipated traffic conditions, light and air, danger of fire, risk to the public safety, and the effect on values of property in the surrounding area. The Planning Commission shall consider recommending approval for variances from the literal provisions of the Zoning Code in instances where their strict enforcement would cause practical difficulties because of circumstances unique to the individual property under consideration, and shall recommend approval only when it is demonstrated that such actions will be in keeping with the spirit and intent of the Orono Zoning Code. Economic considerations alone do not constitute practical difficulties. Practical difficulties also include but are not limited to inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth -sheltered construction as defined in Minn. Stat. § 216C.06, subd. 2, when in harmony with this chapter. The board or the council may not permit as a variance any use that is not permitted under this chapter for property in the zone where the affected person's land is located. The board or council may permit as a variance the temporary use of a one -family dwelling as a two-family dwelling. #15-3796 7 Dec 2015 Page 3 of 4 According to MN §462.537 Subd. 6(2) variances shall only be permitted when: 1. The variance is in harmony with the general intent and purpose of the Ordinance. The purpose for the ordinance is to protect views of the lake. The proposed additions and modifications to the home will not adversely impact existing views of the lake from neighboring properties. 2. The variance is consistent with the comprehensive plan. Construction of a second story addition over portions of the residential home is in harmony with the intent of the use of the residential property. 3. The applicant establishes that there are practical difficulties. a. The property owner proposes to use the property in a reasonable manner not permitted by the official controls; Application of the average lakeshore setback results in making over half of the home non -conforming. The second story addition over the existing home footprint is reasonable. b. There are circumstances unique to the property not created by the landowner; The average lakeshore setback line resulting from the setback offset of the neighboring homes was not created by the landowner; and c. The variance will not alter the essential character of the locality. Lake views currently enjoyed by the neighboring properties will not change as a result of this project. Additionally City Code 78-123 provides additional parameters within which a variance may be granted as follows: 4. The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property. The unique orientation of the subject property and the abutting neighbors' properties results in an awkward setback offset not common in lakeshore properties. 5. The conditions do not apply generally to other land or structures in the district in which the land is located. The orientation of the subject property and the abutting neighbors is unique to the subject property. 6. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. The average lakeshore setback variance is necessary in order to construct the 2nd story addition preserving a property right of the owners. 7. The granting of the proposed variance will not in anyway impair health, safety, comfort or morals, or in any other respect be contrary to the intent of this chapter. The variance to construct the additions to the home will not impact health, safety, comfort, or morals or be contrary to the zoning code. 8. The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty. Granting the average lakeshore setback variance to construct the additions will alleviate a difficulty created in the orientation of the subject and surrounding properties. The Council may impose conditions in granting of variances. Any conditions imposed must be directly related to and must bear a rough proportionality to the impact created by the variance. No variance shall be granted or changed beyond the use permitted in this chapter in the district where such land is located. Practical Difficulties Statement Applicant has completed the Practical Difficulties Documentation Form attached as Exhibit B, and should be asked for additional testimony regarding the application. Practical Difficulties Analysis Staff finds practical difficulties exist in the arrangement of the three properties and the relationship between the elevations of each of the homes to support granting the average lakeshore setback variance. #15-3798 7 Dec 2015 Page 4 of 4 Public Comments The public comments received regarding this application are included as Exhibit G. Issues for Consideration 1. Does the Council find that that the property owner proposes to use the property in a reasonable manner which is not permitted by an official control? 2. Does the Council find that the variance, if granted, will not alter the essential character of the neighborhood? 3. Does the Council find it necessary to impose conditions in order to mitigate the impacts created by the granting of the requested variance? 4. Are there any other issues or concerns with this application? COUNCIL ACTION REQUESTED The Council should consider a motion to waive the Planning Commission's review of the application. The Council should open the public hearing, consider comments from the public and, direct staff to draft a resolution either denying or granting approval of the average lakeshore setback variance for adoption at the January 11th meeting. List of Exhibits Exhibit A. Application Exhibit B. Practical Difficulties Documentation Form Exhibit C. Proposed Survey/Site Plan Exhibit D. Proposed Plans and Elevations Exhibit E. Submitted Hardcover Calculations Exhibit F. Site Photos - Applicant Exhibit G. Neighbor Comments Exhibit H. Aerial Photos—Staff Exhibit 1. Legal Notice Exhibit J. City Code Excerpts Exhibit K. Property Owners List Exhibit L. Plat Map CITY OF ORONO VARIANCE APPLICATION Street Address: 2750 Kelley Parkway Orono, MN 55356 Main: 952-249-4600 fax: 952-249-4616 Mailing Address: P.O. Box.66 Crystal Bay, MN 55323-0066 Council Exhibit A Application # / -3-794::, Date Received: / - /77/,5 - Staff 77Staff : /W 01 Fee: $700 Renewal: $350 After -the -fact 400 Double Fee Escrow Fe $700 $22,5'00 V This application form must be completed in full. Applicant will be notified within 15 days as to the status of the application. Incomplete applications will not be placed on Planning Commission Agendas. PROPERTY INFORMATION: Site Address: 2qq d Property Identification Number (PIN): Date Property Acquired (month/year): ❑ Yes, I own the adjacent parcels. Zoning District: L-42- t C, APPLICANkINFORIOATION: (,Complete Legal names and marital status required for each interested party) Name: . � O W9K4 t'-1�0&I S Phone: q!52 -3 _ 423o Alternate Phone: Complete Address:I.-iv City, State & ZIP tAM5gtq Email: cde�Qct OWNER INFORMATIO : (Complete legal names 2nd marital status required for each interested party) Name: 'C& LJ `G m �- PhoneAlternate Phone: Complete Address -r- City, State & ZIIPC x ck Email: m .fir !!P .I A _ n ''-t'F _ r•r,.. : .-..,i,.. _ . i--^ffFaX- DESCRIPTION OF REQUEST: Describe the request in detail (attach additional sheets if necessary): tt96 CITY OF ORONO Packet Last Updated.' Auu615 Page 11 7 REQUIRED SUBMITTALS: All of the following information must be submitted by the application deadline date in order for your application to be processed. APPLICANT AND/OR OWNER: Agree to provide all information required or requested by the Planning Department, • Agree to pay additional fees (staff time not covered in the original fee payment) and/or consultant expenses incurred in review of this application, and • Certify that the information supplied is true and correct to the best of his/her knowledge. The applicant and owner recognize that they are solely responsible for submitting a complete application being aware that upon failure to do so, the staff has no alternative but to reject it until it is complete or to recommend the request for denial of the request regardless of its potential merit. Acknowledge the Escrow Agreement is completed and signed. • The Owner hereby acknowledges and agrees to this application and further authorizes reasonable entry onto the property by City Staff, consultants, agents, Commission and Council Members for purposes of investigation and verification of this request. Applicant and/or Owner acknowledge they must be present at all scheduled review meetings of the Planning Commission and Council. If an applicant and/or owner is unable to attend a scheduled meeting, please make arrangements to have an authorized representative attend in place of the applicantlowner and advise the City Planner assigned to your project. Applicant's Signature: Date: 1-1.2015 Applicant's Signature: Date: A Owner's Signature: e: Owner's Signature: _ Date: Packet Last Updated: August 2016 . Page 12 # 3796 RECEIVED NOV 17 2015 CITY OF ORONO D�IYP ❑ Variance Application Fee © Escrow Agreementreed a 13. Pre -Application Form 1 ; : Vador co i4 f dinFort ❑ Practical Difficulties Form L] iD Cer"ed. P O"Wt ❑ ❑ Survey (meeting ALL requirements) I7. . . Plans .. ❑ ❑ Hardcover Calculations L ,.a CISe tic .System She P(uatlor girt ❑ Minnehaha Creek Watershed District (MCWD) Permit or Documentation from MCWD stating no permit is re uired Ci © Ad' 0 Pr :. erg Ackn0*W smar t ❑ ❑ Data Privacy AdvisoEy Form APPLICANT AND/OR OWNER: Agree to provide all information required or requested by the Planning Department, • Agree to pay additional fees (staff time not covered in the original fee payment) and/or consultant expenses incurred in review of this application, and • Certify that the information supplied is true and correct to the best of his/her knowledge. The applicant and owner recognize that they are solely responsible for submitting a complete application being aware that upon failure to do so, the staff has no alternative but to reject it until it is complete or to recommend the request for denial of the request regardless of its potential merit. Acknowledge the Escrow Agreement is completed and signed. • The Owner hereby acknowledges and agrees to this application and further authorizes reasonable entry onto the property by City Staff, consultants, agents, Commission and Council Members for purposes of investigation and verification of this request. Applicant and/or Owner acknowledge they must be present at all scheduled review meetings of the Planning Commission and Council. If an applicant and/or owner is unable to attend a scheduled meeting, please make arrangements to have an authorized representative attend in place of the applicantlowner and advise the City Planner assigned to your project. Applicant's Signature: Date: 1-1.2015 Applicant's Signature: Date: A Owner's Signature: e: Owner's Signature: _ Date: Packet Last Updated: August 2016 . Page 12 # 3796 RECEIVED NOV 17 2015 CITY OF ORONO DATA PRIVACY ADVISORY In accordance with Minnesota State Statute 13.04 Rights of Subjects of Data, Subd. 2, "Tennessen warning", we would like to inform you that your request for a permit or license from the City of Orono or any of its departments may require you to furnish certain private or confidential information. You are notified that: 1. The information you furnish will be used to determine your qualification for the permit or license requested. 2. You may refuse to supply data, but refusal may require that the City deny the permit or license. 3. The information may be shared with other local, state or federal agencies to the extent necessary to process the permit or license. 4. If your requested permit or license requires Council action to approve, some information may become public. 5. You have certain rights under Minnesota State Statute 13.04 (see following page) to review private data on yourself. 6. Your full name is required to process this application or permit. First Middle Last w v Address . w- 2 City State Zip Phone I understand my rights as stated above. Packet Last Updated.- August 2015 3796 Page ?3 RECEIVED NOV 17 2015 CITY OF ORONO Council Exhibit B PRACTICAL DIFFICULTIES DOCUMENTATION FORM This form is a required submittal for ALL variance applications. An application will not be considered complete or placed on any meeting agendas until this form is complete and submitted to the City. Minnesota State Statutes Section 462.357, Subdivision 6(2) requires that practical difficulties be demonstrated in order for a variance to be granted. The difficulties must be unique to the property as variances run with the land and not the land owner. Personal and economic situations are not considered valid practical difficulties. In order for an application to be heard by the Planning Commission and City Council practical difficulties having merit must be demonstrated. HOW DO I PROVE A PRACTICAL DIFFICULTY? This form has 12 points outlining the basis City staff uses to determine if practical difficulties exist and how the variance will affect the surrounding community. To prove practical difficulties, address all the relevant points listed below and answer them as clearly as possible. Since you are requesting the code exception, you have the burden of proving that the variance is justified. The information the City receives is what is used in determining a denial or approval recommendation. If you leave something out it will not be considered. Please address each of the twelve practical difficulties criteria as they relate to the request, if they do not apply, write N/A in the space provided. 1. "The property owner proposes to use the property in a reasonable manner not permitted by the Zoning 2. "The plighhttof the landowner is due to circumstances unique to his property not created by the landowner." VG q'*W10C AMP nk-I&r .J OA' rn� Al IC6 /. dl w -V... II"s . v 3. "The variance; if granted, will not alter ttfe'essential character 'Of the locality." 4. "Economic constderatiori;s alone do -not constitute practical difficulties if reasonable use -for the property exists under the terms of the Zoning Chapter." S. "Practical difficulties include, but are not limited to, inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth sheltered construction as defined in Minnesota Statutes, Section 116J.06, Subd. 2, when in harmony with this Chapter." 6. "The Board of Appeals and Adjustments or the Council may not permit as a variance any use that is not allowed under this Chapter for property in the zone where the affected person's land is located." 14, RECEIVED NOV 17 2015 Packet Last Updated., August 2015 .: Page 16 CITY OF OROIV( 4.�.3796 7 "The Board or Council may permit as a variance the temporary use of a one -family dwelling as a two-family dwelling." 8. "The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property." of KW� g 9. "The condi of do not apply generally to other land or structures in the district in which said land is located." 10. "The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant." 11. "The granting of the proposed variance will not in any way impair health, safety, comfort, morals, or in any other respect be contrary to the intent of the Zoning Code." 12. "The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty." f'Dv) 4 � 9400" -p A TWMV twM. Practical Difficulties Statement Should you feel the practical difficulties cannot fully be described in the above criteria, describe the practical difficulties preventing compliance with Zoning Ordinance requirements in the following lines (attach additional sheets if necessary): L RECEIVED Packet Last Updated., August 2015 NOV 17 2015 Page 17 # 37 [7�^6 CITY OF ORONO �L � y S to �'^ � � � r • RECEIVED Packet Last Updated., August 2015 NOV 17 2015 Page 17 # 37 [7�^6 CITY OF ORONO �N 0 20 40 60 SCALE IN FEET y0 - EXISTING SPOT ELEVATION. X(998.0) = PROPOSED SPOT ELEVATION �•• = DIRECTION SURFACE DRAINAGE CONI - CANTILEVERED OVERHANG .5s.0 OHL - OVERHEAD UTILITY LINE GFE = GARAGE FLOOR ELEVATION TFE = TOP OF FOUNDATION ELEVATION LFE LOWEST FLOOR ELEVATION X533 HARDCOVER n EXISTING HORSE = 3028 SF �� 1 DECK = 320 SFSHED 80 SF DRIVE = 2060 SF (CASCO ROAD NOT INCLUDED) WALK = 262 SF ---- 1 90ATHO = 280 SF , 3 TOTAL = 6030 SF/21.8% ° Z 411 h8 5 PROPOSED / / f �• FRPORCH = 25 SF (ADD/r/ONAL) ------��._� , / / / 4 30 f y TOTAL EXISMG AND PROPOSED = 6o55 SF/22x w A� / 149gy7 \\gg}Rx � \ 01.51L \ 1 922 I 52 EXISTING HOUSE #2941 EXISTING HOUSE #2933 95g T� V," 30" x 4 w� LA Ir y9g69 ST1 yg9A % 1 \1 gp9.6x: ' 9gg5 f GARAGE.° GARAGE vw � yg$,x 0 9�x q7o, 1 f 9gg.9x 1 A ' � f x96 • ' \ EXISTING f HOUSE f r-----� #2965 LEGAL DESCRIPTION. LOT 92 AND THE SELY 30 FT OF 2Bti Y �r J ` LOT 93, SPRING PARK, HENNEPIN CO., MN. gg51x EXISTING HOUSE #2967 ADDRESS - 2944 CASCO POINT RD PID#20-117-23-31-0047 LOT AREA = 27600 SF/ 0.63 AC X 25% = 6900 SF HC ALLOWED SURVEY IS SUBJECT TO CHANGE PER TITLE OR EASEMENT INFORMATION VERIFY ALL DIMENSIONS AND ELEVATIONS WITH HOUSE PLANS VERIFY ALL SETBACKS WITH CITY Council Exhibit C Poe 133 T _ 10� f - i ®r 2J) I f f i• f� � ( � / i ��; 704 w213 .S 136 �_\----- 7.2 1 ' \ 1 1 X963.7 � 961.2X s`9s� 10 961.5x \ � N 9.2 957.3 44, UTILM tr 52 Mkrl- ExasrrNc House #2941 �V E)( rlNc�s4 SSE Cn CIA #293 i % � ZA X966.$ Lq X966.9 `4 r X969.7 969.6X 50�f. 4. / Lp 9,6 28 9> � \o E \t °R1v S�Np, GARAGE w � \ CF 'E--970, zx OH 18\ g 28 9— 969. X "'�1676.4X 9 0.5 �q 970.; FFF=967.1 � 2.1 LFE:zg56.6 k 28 955.7X -L -6,r6 -T37 ....... ...! .... t lt N 574R, 3D -.,,960-5 16.53 � \GS ..... ..... ... ..... . \ 2 �ti 908.1 969 69.5 9.6 w 0 69.5 968.1 X 9'6 962 .5 EXls rIrvc House #2965 `•ti \ �. \Y - � — -- A r _ -�95 . a� f� `\ 1EGAL 4 ()-T 92Lor �ESCRlP T�QN, '4 93, SP��N HE SEL. 955.2x G PAS/<, � ADDRESS ' 29 Exisr�N 100#20— 717-23- � eASC( J I I � I I I I I L ---------J Council Exhibit D 10 A O O g ki��� > shoo ��� pnC70l O� �a `Eb h §k �� \ ]| l j � ;• §R (§l ® 2Om 7 f �� DI b $� 00 "'OA p fir= `-"C o np sto S o0 Pzm Ove Nn z Cr z 4 NVId ltlaN.7f17LL5 -1P44/3SY9 '1108 oy >au R. HN2 N�- Date Application Received: 12/23/15 Date Application Considered as Complete: 12/23/15 60-Day Review Period Expires: NA REQUEST FOR COUNCIL ACTION Date: January 7, 2016 Item No.: 11 ______________________________________________________________________________ Department Approval: Administrator Approval: Agenda Section: Name: Michael P. Gaffron JML Planning Dept. Title: Senior Planner ______________________________________________________________________________ Item Description: 16-3804 Lakewest LLC/Curt Fretheim, 3245 Wayzata Boulevard (former Eisinger property) - Sketch Plan Review ______________________________________________________________________________ Zoning District: RR-1B One Family Rural Residential District (2.0 acre/200’ width) Existing Property Area: Gross area (2 parcels combined) = 29.0 acres Wetland: 13.6 acres + Non-Wetland: 15.3 acres + Existing Property Width: 1390’+ Application Summary: Applicants have submitted a sketch plan for a proposed 27-unit single- family detached townhome development on the portions of the property not encumbered by the former sanitary landfill; discussion of the potential for a second phase of development for a multi-family building on a portion of the landfill site is also requested. The current townhome layout is very similar to that reviewed by the Council in 2014. Planning Commission Recommendations: The applicants made an audio-visual presentation of a very similar proposed development project at the August 18, 2014 PC meeting, Planning Commission comments on that previous sketch plan are included in the attached minutes from that meeting. Council Review of September 8, 2014: See attached memos and minutes. Staff Recommendation: This application is brought forward to the Council absent Planning Commission review as the proposal is very similar to the previous sketch plan. Council should allow the applicants to make their presentation and provide feedback regarding the proposal. Council is requested to have a discussion regarding the current Comp Plan-guided density and development parameters as compared to the proposed development characteristics. List of Exhibits Exhibit A. Application Exhibit B. Submitted Narrative Exhibit C. Concept Plan Sketches: 1. Architect’s Rendering 2. Survey, Air photo Background 3. Survey, Plain Background 4. Comparison: 2014 & 2016 Sketch Plans Exhibit D. Sewer & Water Petition w/Northern Utilities Build-Out Information of July 2015 Exhibit E. MPCA Letter re Landfill Status Exhibit F. Staff Memos and Sketch Plan Reviewed in 2014 Exhibit G. PC & Council Minutes of August/September 2014 Exhibit H. Comp Plan Excerpts 16-3804 January 7, 2016 Page 2 The applicants have met with staff on a number of occasions since the 2014 review of their initial sketch plans for this site. During the past year they have completed borings to establish the boundaries of the landfill area, and have investigated the viability of development within the portion of the site that is former landfill. Their indications are that it is developable, with certain mitigation measures. The current sketch plan submitted for review proposes (as Phase I) 27 detached townhome dwelling units as before, but exhibits a number of minor differences from the 2014 sketch plan: - Unit sizes, shapes and orientations differ from the 2014 plan - West access point to Wayzata Boulevard moved slightly east, suggested as full turning movement instead of right-in/right-out, eliminating internal loop road - Four units are suggested along the west side of the westerly access road - As a potential Phase II of development, a 19,800 s.f., 24-unit multi-family building is shown within the easterly portion of the landfill site The Phase I proposal is a departure from the specific development parameters established for development of this site in the 2008-2030 Comp Plan; i.e. 27 proposed single family homes (detached townhomes) as compared to the specific Comp Plan guiding for two large multi-family buildings totaling approximately 50 units on the 5-acre non-landfill portion of the site. This development would require a rezoning to Residential Planned Unit Development (RPUD) which was anticipated in the CMP. The addition of a 24-unit building within the landfill area as Phase II may have a variety of implications, both in terms of the visual impacts from Highway 12 and Wayzata Boulevard (2- story building 280 feet in length), as well as in the overall density calculation. The applicants state in their narrative (Exhibit B) that they are not firmly proposing Phase II but would like to discuss various potential options for use of the site. Density Implications. Regarding the site density, staff has a meeting planned with Met Council Staff Representative Freya Thamman in late January to discuss future implications of developing at densities lower than those guided for in the Comp Plan. One of the discussion points will be how density might be calculated for this site if the multi-family building is approved and built; whether the entire landfill site is included in the calculation, or just the portions of it being mitigated and developed. If Phase II is not developed, the 27 townhome units on approximately 5 acres yield a density of just over 5 units per acre, not meeting the 10-15 units per acre density for which the site is currently guided. General Sketch Plan Review Considerations Conformity to Zoning District and Comp Plan. The property is guided for multi-family residential use in the Orono 2008-2030 Community Management Plan (“CMP”), at a density of 10-15 units per buildable acre, with an estimated non-landfill buildable acreage of 5 acres. The CMP establishes specific parameters for the dwelling units, i.e. two multi-family buildings with a combined footprint not exceeding 42,000 square feet. Additional defined parameters for development of the site are found within the CMP excerpt attached hereto. The proposed detached townhome units would require an amendment to the CMP parameters for this site. 16-3804 January 7, 2016 Page 3 Zoning. The property is currently zoned RR-1B Single-Family Rural Residential with a 2-acre minimum lot size. The CMP indicates that a development at the guided higher density would require a rezoning to RPUD Residential Planned Unit Development. The proposed development would require a rezoning. Relationship to Surrounding Development The property is bounded on the south and west by Highway 12, on the north by Wayzata Boulevard, and on the east by the Dumas Orchard property. North across Wayzata Boulevard is relatively undeveloped land abutting Lake Classen, zoned and guided RR-1B. The Dumas Orchard property to the east is guided for future Medium- High Density (7-10 units per acre). Lot Layout and Lot Standards The proposed individual homes appear to be depicted on lots averaging 44’ in width and 70’ in length, yielding individual lot sizes of approximately 3,100 s.f. This concept requires a departure (flexibility) from the RPUD district lot standards for individual homesites (minimum lot width: 90’; minimum lot depth: 125’; minimum lot area: 15,000 s.f.). The angled lots allow each dwelling unit to enjoy long views from multiple angles. Applicants in their presentation should be asked to review the conceptual lot layout and house designs. Access, Road Layout, Road Standards Access to Wayzata Boulevard will need Hennepin County approval. Sight distance, access location, and whether there is a need for turn lanes, are factors requiring County input. Applicants are depicting two full-turning movement accesses to Wayzata Boulevard as compared to the 2014 plan in which the westerly access was right- in/right-out only. Having two full-movement access points provides for better emergency access to the property and eliminates the need for the loop shown in 2014. The internal road system is anticipated to be privately owned and maintained. The road proposed at 28’ width meets the City’s width standard for a private road serving more than 7 dwelling units. This width should reduce the need for parking “bump-outs” by allowing some level of on- street parking, although driveway spacing will have an impact on its availability. The new lot layout eliminates most shared driveway situations. Our experience with shared driveways in Stonebay is that they require a certain level of cooperation between neighbors to avoid problems. Park/Trail Needs Neither City nor County long-term plans include a park or trail system along Wayzata Boulevard at this location. The developer should provide a pedestrian connection to the east, as Council has discussed safe pedestrian travel along Wayzata Boulevard. The conceptual internal perimeter trail system would appear to be desirable. RPUD standards require 10% of the development site be provided as a private recreation area for the project residents. The site would appear to have sufficient open space available to meet this objective. Stormwater and Drainage Improvements The property is within the Stormwater Overlay District and subject to pertinent regulations. Stormwater management will be subject to City and MCWD review and approval. The proposed layout indicates reduced wetland buffers adjacent to the homesites which will require MCWD approval. 16-3804 January 7, 2016 Page 4 Sewer & Water Utilities. Municipal sewer and water utilities will have to be extended westward from Old Crystal Bay Road to serve development at this site. The anticipated costs and distribution of costs for such extensions were reviewed by the City Engineer in 2015 – see attachments to Exhibit D. The applicants have submitted a petition for extension of sewer and water lines to serve this site in anticipation of gaining final plat approval in late spring of this year – see Exhibit D. Shoreland Management Standards While not abutting any lakeshore, the property is within the defined Shoreland Overlay District and subject to the pertinent regulations of Sections 78-1211 thru 78-1331. Wetlands The property contains a significant area of wetlands and is subject to pertinent City and other agency regulations. Tree and/or Woodland Impacts The site is wooded around the perimeter of the landfill site and has scattered stands of trees in the proposed area for development. In the development scheme proposed, major tree removals would be anticipated. Maintenance of existing screening and/or establishment of new screening along Wayzata Boulevard should be a goal of the developer. Conservation Design Development of the site will require adherence to the Conservation Design elements of the zoning code. Archaeological Site Proximity Staff is unaware of any archaeological sites within the property; the applicant should contact the State Historic Preservation Office (SHPO) to confirm. Bluff Impacts Available topography suggests that there are no bluffs on the property. This will have to be confirmed. Issues for Consideration Staff suggests that the primary focus for consideration and discussion by the Council should include the following topics: 1) The departure from the specific development parameters established for development of this site in the CMP; i.e. the 27 proposed single family homes as compared to two multi- family buildings. Is the single-family concept right for this area? Does it match the City’s goals in terms of housing type and density? Is there a significant difference in visual impact from off-site of a row of townhomes vs. two larger buildings? 2) The general design and orientation of dwelling units proposed and the minimal lot sizes and setbacks as compared to the RPUD standards, would indicate the need for development flexibility with this concept. 3) In discussing the Phase II multi-family concept for the landfill area, Council should consider whether there are other desired or to-be-explored options for that site. 4) The issue of future implications of developing at densities lower than those guided for in the Comp Plan will be reviewed with Freya Thamman later this month – staff will apprise Council of the results of that discussion. 5) Are there other topics not currently noted in this memo that should be discussed regarding the applicants’ sketch plan proposal? 16-3804 January 7, 2016 Page 5 Staff Recommendation As a sketch plan review, any comments or suggestions to the applicants are non-binding but will be extremely helpful as the applicants move forward. COUNCIL ACTION REQUESTED Allow the applicants to make their presentation. - Discuss the revised detached townhome concept for this site, and advise the applicant on whether there are specific concerns. - Review possible options for use of the landfill portion of the site. - Discuss with Public Works Director Adam Edwards the process for moving ahead with extension of utilities. REQUEST FOR COUNCIL ACTION DATE: 11 January, 2016 ITEM NO: 12 _____________________________________________________________________________________ Department Approval: Administrator Reviewed: Agenda Section: Name Jeremy Barnhart JML Planning Department Report Title Community Development Director _____________________________________________________________________________________ Item Description: Consider sale of City property PID 05-117-23-24-0118 _____________________________________________________________________________________ List of Exhibits A. Land Exchange agreement Purpose. Formally accept the offer to purchase 615 square feet of city owned land, identified as PID 05-117- 23-24-0118. Background. The Council met in closed session on December 14th and agreed to Jacob Barkley’s offer to purchase 615 square feet in exchange for the following: 1. Payment of $25,000 2. Provision of scenic and dock easements consistent with similar easements over the 617 sq ft parcel to the north 3. Combination of lots 05-117-23-24-0118, 05-117-23-24-0122, and 05-117-23-21-0011 as permitted by the County 4. Transfer of a 1 sq. ft. lot remnant 05-117-23-24-0023 to the city The attached exchange agreement, prepared by the City Attorney provides for those conditions and has been accepted by Mr. Barkley. Present land ownership, Barkley in Red, City in Yellow Proposed land ownership, Barkley in Red, City in Yellow. Staff has fielded calls from area property owners, concerned that their access to the lake would change with the land sale. Staffs response has been that easements consistent with the existing easements providing access and protecting views into the lake were required by the City Council, and the rights property owners have now would remain. It is noted that presently some property owners in the area are storing their docks on city property and may have in the past accessed their dock through city property. These docks may need to be removed, though further research is necessary. COUNCIL ACTION REQUESTED: Staff recommends the Council accept the Land Exchange Agreement as drafted, directing staff to finalize the land sale. 1 LAND EXCHANGE AGREEMENT This Purchase Agreement (the “Agreement”) is made this ____ day of __________, 20___ by and between the CITY OF ORONO, a Minnesota municipal corporation (“City”) and JACOB J. BARKLEY and MAUREEN L. BARKLEY, husband and wife (“Barkleys”). RECITALS A. City is the fee owner of certain real property, situated in Hennepin County, Minnesota and described on “Exhibit A” hereto (“City Land”). B. The Barkleys are the fee owners of certain real property consisting of three parcels, situated in Hennepin County, Minnesota and described on “Exhibit B” hereto (“Barkley Land”): Parcel 1 is a residential parcel (“Residence Parcel”) Parcel 2 is a dock parcel (“Dock Parcel”) Parcel 3 is a remnant (“Remnant Parcel”) C. Whereas the Barkleys desire to acquire the City Land for additional dock area; D. The Barkleys agree to convey the Remnant Parcel and other consideration to the City in exchange for the City Land. The City Land and Remnant Parcel are collectively referred to hereunder as “Properties.” NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS: 1. SALE AND PURCHASE OF REAL PROPERTY. In consideration of the agreements herein contained, the City agrees that it will convey the City Land to the Barkleys . Concurrently, the Barkleys agree that they will convey to City the Remnant Parcel. 2. PURCHASE PRICE. In addition to the conveyance of the Remnant Parcel, Barkleys will shall pay to the City for conveyance of the City Land Twenty-Five Thousand and no/100 Dollars ($25,000.00), which the Barkleys shall pay in cash on the Date of Closing. 3. ENVIRONMENTAL ASSESSMENT. As soon as possible after the execution hereof, the City and the Barkleys shall have the right, if they desire, at their own expense to inspect the respective properties of the other party being exchanged for the purpose of determining whether or not there are any environmental conditions that affect the parcel to be acquired. If the environmental inspection reveals any environmental conditions that are unsatisfactory to the respective party, said party may elect either of the following options: (a) Terminate this Agreement as provided by statute; or 184949v1 2 (b) Proceed with the terms of this Agreement by waiving the contingency relating to the environmental condition. 4. PHYSICAL INSPECTION. The City and the Barkleys shall each have the right from time to time prior to the Closing, to enter upon the respective property being exchanged, to examine the same and the condition thereof and to conduct such surveys and to make such engineering and other inspections, tests and studies as they determine to be reasonably necessary for their use of the property. All physical inspections shall be at the sole cost and expense of the party making the same. The City and Barkleys will conduct all examinations and surveys of the respective properties in a manner that will not harm or damage the respective properties so that it cannot be restored to its prior condition or cause any claim adverse to either party, and will restore the respective properties to the condition they were in prior to any such examination, immediately after conducting said examination. The Barkleys and the City shall indemnify, defend, and hold harmless each other from any and all claims for injury or death to persons, damage to property or other losses or damages or claims, including, in each instance, reasonable attorneys’ fees and litigation costs, arising out of the action of any person or firm entering upon the respective properties, which indemnity will survey the Closing and the termination of this Agreement without the Closing having occurred. 5. TITLE EXAMINATION. Title Examination will be conducted as follows: (a) Title Evidence. The City and the Barkleys will, as soon as possible after the date of this Agreement, furnish the following (collectively, “Title Evidence”) to the other party for the property being transferred by them under this Agreement: (i) Title Commitment. A Commitment for Title Insurance for the respective properties including proper searches covering bankruptcies and state and federal judgments, federal court judgment liens in favor of the U.S., liens, and levied and pending special assessments. (ii) Title Objections. The City and the Barkleys shall have 10 business days after receipt of the Title Commitment from the other party to provide the other party with a copy of the Commitment and written objections. The City and the Barkleys shall be deemed to have waived any title objections not made within the 10-day period above, except that this shall not operate as a waiver of either party’s covenant to deliver a Warranty Deed under this Agreement. (iii) Title Corrections and Title Remedies. The City and the Barkleys shall have 60 days from receipt of written title objections by the other party to make title marketable for their respective property. Upon receipt of title objections, each party shall, within ten (10) business days, to notify the other of their intention to make title marketable within the 60-day period. Liens or encumbrances for liquidated amounts that can be released by payment or escrow from proceeds of closing shall not delay the closing. Cure of the defects by either party shall be reasonable, diligent and prompt. Pending correction of title, all payments required herein and the Closing shall be postponed. 184949v1 3 (b) If notice is given and either party makes title marketable, then upon presentation to the other party of documentation establishing that title has been made marketable, and if not objected to in the same time and manner as the original title objections, the closing shall take place within ten (10) business days or on the scheduled Closing Date, whichever is later. (c) If notice is given and either party proceeds in good faith to make title marketable but the 60 day period expires without title being made marketable, the other party may declare this Agreement void by notice, neither party shall be liable for damages hereunder to the other. (d) If either party does not give notice of intention to make title marketable, or if notice is given but the 60 day period expires without title being made marketable due to the other party's failure to proceed in good faith, the exclusive remedy is rescission of this Agreement by notice as provided herein. (e) If title is marketable, or is made marketable as provided herein, and either party defaults in any of the agreements herein, the other party’s exclusive remedy is to cancel this Agreement as provided by statute and retain all payments made hereunder as liquidated damages. 6. CLOSING. Each transaction is contingent upon the successful closing of the other transaction. Unless terminated earlier or extended as provided herein, the date for closing the sale and purchase of the Properties (the “Closing”) shall be on a date mutually agreed to by the parties but not later than _________________, 2016. The Closing shall take place at the offices of the Title Company (as hereafter defined), or such other location as mutually agreed upon by the parties and may be completed through escrow of closing documents and funds with the Title Company. 7. BARKLEYS’ CLOSING OBLIGATIONS. On the Closing Date, the Barkleys shall execute and deliver to City: (a) The duly executed limited warranty deed to the Remnant Parcel conveying title to the City free and clear of all liens and encumbrances except the following items (allowable encumbrances): (i) Building and zoning laws, ordinances, state and federal statutes or other governmental regulations; (ii) Real estate taxes for which the City is responsible; (iii) Those items approved by the City pursuant to Section 5; and (iv) Reservation of any minerals or mineral rights in the State of Minnesota. 184949v1 4 (b) A customary affidavit that there are no unsatisfied judgments of record, no actions pending in any state or federal courts, no tax liens, and no bankruptcy proceeding filed against the Barkleys, and no labor or materials have been furnished to the Remnant Parcel for which payment has not been made, and that to the best of the Barkleys’ knowledge there are no unrecorded interests relating to the Remnant Parcel. (c) Such other documents required under Section 12(a). (d) Such other documents as may be reasonably required by the Title Company. 8. CITY’S CLOSING OBLIGATIONS. On the Closing Date, the City shall execute and deliver to the Barkleys: (a) The duly executed limited warranty deed to the City Land conveying title to the Barkleys free and clear of all liens and encumbrances except the following items (allowable encumbrances): (i) Building and zoning laws, ordinances, state and federal statutes or other governmental regulations; (ii) Real estate taxes for which the Barkleys are responsible; (iii) Those items approved by the Barkleys pursuant to Section 5; and (iv) Reservation of any minerals or mineral rights in the State of Minnesota. (b) A customary affidavit that there are no unsatisfied judgments of record, no actions pending in any state or federal courts, no tax liens, and no bankruptcy proceeding filed against City, and no labor or materials have been furnished to the City Land for which payment has not been made, and that to the best of City's knowledge there are no unrecorded interests relating to the City Land. (c) Such other documents as may be reasonably required by the Title Company. 9. PRORATIONS. The City and the Barkleys agree to the following prorations and allocation of costs regarding this Agreement: (a) Title Commitment. Each party will be responsible for the costs associated with providing a title commitment for the parcel that the party is conveying. If a party desires a title policy for the parcel the party is acquiring, that cost shall be assigned to the party acquiring the property. (b) Deed Tax. Each party shall be responsible for payment of the deed tax for the property that the party is conveying. 184949v1 5 (c) Real Estate Taxes and Special Assessments. (i) City Land. General real estate taxes payable in the years prior to the year of closing and installments of special assessments will be paid by the City. General real estate taxes payable in the year of closing, if any, shall be pro rated by the City and the Barkleys as of the Closing Date on a per diem basis based upon a calendar year. The City shall pay on or before the Date of Closing all pending special assessments that are due prior to the Closing. The City shall pay at Closing any deferred real estate taxes or special assessments payment of which is required as a result of the closing of this Agreement. The Barkleys shall pay real estate taxes due and payable in the year following closing and thereafter. (ii) Remnant Parcel. General real estate taxes payable in the years prior to the year of closing and installments of special will be paid by the Barkleys. General real estate taxes payable in the year of closing, if any, shall be pro rated by the Barkleys and the City as of the Closing Date on a per diem basis based upon a calendar year. The Barkleys shall pay on or before the Date of Closing all pending special assessments that are due prior to the Closing. Barkleys shall pay at Closing any deferred real estate taxes or special assessments payment of which is required as a result of the closing of this Agreement. The City shall pay real estate taxes due and payable in the year following closing and thereafter. (d) Recording Costs. Each party will pay the cost of recording all documents necessary to place record title to the property the party is conveying in the condition warranted by the parties in this Agreement. Each party will pay the cost of recording the deed for the property that that the party is acquiring. 10. CITY’S COVENANTS, REPRESENTATIONS AND WARRANTIES. The City hereby covenants, represents and warrants to the Barkleys, as of the date of this Agreement and as of the Closing Date, as follows: (a) No Breach. The consummation of the transactions contemplated by this Agreement will not constitute a default or result in the breach of any term or provision of any contract or agreement to which the City is a party so as to adversely affect the consummation of such transactions. (b) Authority. The execution, delivery and performance of this Agreement by the City has been authorized and approved by the City, and the person executing this Agreement on behalf of the City has full authority to bind the City to the terms hereof. (c) No Actions. There is no action, suit, legal proceeding, investigation, condemnation or other proceeding pending or threatened against the City which may adversely affect the consummation of the transactions contemplated by this Agreement or affecting any portion of the City Land, in any court, before any arbitrator of any kind or before or by any governmental body. 184949v1 6 (d) Liens. All work which has been performed in, on or about the City Land or materials furnished thereto by the City or the City’s contractors which might, in any circumstances, give rise to a mechanic’s or materialman’s lien has been paid for or all necessary waivers of right to a mechanic’s or materialman’s lien have been obtained. (e) Wells. The City certifies that the City does not know of any “Wells” on the described City Land within the meaning of Minn. Stat. Chapter 103I, except as disclosed herein. This representation is intended to satisfy the requirements of that statute. (f) Title to City Land. The City owns the City Land, free and clear of all encumbrances. (g) Environmental Laws. To the best of the City’s knowledge, no toxic or hazardous substances or wastes, pollutants or contaminants (as defined in applicable federal or state laws or local ordinances) have been generated, treated, stored, released or disposed of, or otherwise placed, deposited in or located on the City Land, nor has any activity been undertaken on the City Land that would cause or contribute to (i) the City Land to become a treatment, storage or disposal facility as defined in any federal or state law or local ordinance, (ii) a release or threatened release of toxic or hazardous substances or wastes, pollutants or contaminants, from the City Land as prohibited by any federal or state law or local ordinance, or (iii) the discharge of pollutants or effluents into any water source or system, the dredging or filling of any waters or the discharge into the air of any emissions, that would require a permit under any federal or state law or local ordinance. To the best of the City’s knowledge, there are no toxic or hazardous substances or wastes, pollutants or contaminants or other environmental conditions in or on the City Land that may support a claim or cause of action under federal or state law or local ordinances or other environmental regulatory requirements. To the best of the City’s knowledge, no part of the City Land is a "Wetland", as defined by law. The City will disclose to the Barkleys all environmental reports and studies with respect to the City Land which are in the City's possession or control. (h) Storage Tanks. To the best of the City’s knowledge, there are no above- ground or underground tanks in or about the City Land. To the extent such storage tanks exist, each will be duly registered with all appropriate regulatory and governmental bodies and will be removed or brought into compliance with applicable federal, state and local statutes, regulations, ordinances and other regulatory requirements at the City's expense. The City will indemnify the Barkleys, their heirs, successors and assigns, against, and will hold the Barkleys, their heirs, successors and assigns, harmless from, any expenses or damages, including reasonable attorneys' fees, that the Barkleys incur because of the breach of any of the above representations and warranties, whether such breach is discovered before or after closing. Consummation of this Agreement by the Barkleys with knowledge of any such breach by the City will not constitute a waiver or release by the Barkleys of any claims due to such breach. Nevertheless, any claim that the City has breached a representation or warranty must be in writing and must be given by the Barkleys within two years of the Date of Closing or be deemed waived. 184949v1 7 11. THE BARKLEYS’ COVENANTS, REPRESENTATIONS AND WARRANTIES. The Barkleys hereby covenant, represent and warrant to the City, as of the date of this Agreement and as of the Closing Date, as follows: (a) No Breach. The consummation of the transactions contemplated by this Agreement will not constitute a default or result in the breach of any term or provision of any contract or agreement to which the Barkleys are a party so as to adversely affect the consummation of such transactions. (b) No Actions. There is no action, suit, legal proceeding, investigation, condemnation or other proceeding pending or threatened against the Barkleys which may adversely affect the consummation of the transactions contemplated by this Agreement or affecting any portion of the Remnant Parcel, in any court, before any arbitrator of any kind or before or by any governmental body. (c) Liens. All work which has been performed in, on or about the Remnant Land or materials furnished thereto by the Barkleys or their contractors which might, in any circumstances, give rise to a mechanic’s or materialman’s lien has been paid for or all necessary waivers of right to a mechanic’s or materialman’s lien have been obtained. (d) Wells. The Barkleys certify that they do not know of any “Wells” on the described Remnant Parcel within the meaning of Minn. Stat. Chapter 103I, except as disclosed herein. This representation is intended to satisfy the requirements of that statute. (e) Title to Remnant Parcel. The Barkleys own the Remnant Parcel, free and clear of all encumbrances. (f) Environmental Laws. To the best of the Barkleys’ knowledge, no toxic or hazardous substances or wastes, pollutants or contaminants (as defined in applicable federal or state laws or local ordinances) have been generated, treated, stored, released or disposed of, or otherwise placed, deposited in or located on the Remnant Parcel, nor has any activity been undertaken on the Remnant Parcel that would cause or contribute to (i) the Remnant Parcel to become a treatment, storage or disposal facility as defined in any federal or state law or local ordinance, (ii) a release or threatened release of toxic or hazardous substances or wastes, pollutants or contaminants, from the Remnant Parcel as prohibited by any federal or state law or local ordinance, or (iii) the discharge of pollutants or effluents into any water source or system, the dredging or filling of any waters or the discharge into the air of any emissions, that would require a permit under any federal or state law or local ordinance. To the best of the Barkleys’ knowledge, there are no toxic or hazardous substances or wastes, pollutants or contaminants or other environmental conditions in or on the Remnant Parcel that may support a claim or cause of action under federal or state law or local ordinances or other environmental regulatory requirements. To the best of the Barkleys’ knowledge, no part of the Remnant Parcel is a "Wetland", as defined by law. The Barkleys will disclose to the City all environmental reports and studies with respect to the Remnant Parcel which are in the Barkleys’ possession or control. 184949v1 8 (g) Storage Tanks. To the best of the Barkleys’ knowledge, there are no above ground tanks in or about the Remnant Parcel. To the extent such storage tanks exist, each will be duly registered with all appropriate regulatory and governmental bodies and will be removed or brought into compliance with applicable federal, state and local statutes, regulations, ordinances and other regulatory requirements at the Barkleys’ expense. To the best of the Barkleys’ knowledge there are no underground storage tanks on the Remnant Parcel. The Barkleys will indemnify the City, the City’s successors and assigns, against, and will hold the City, the City’s successors and assigns, harmless from, any expenses or damages, including reasonable attorneys' fees, that the City incurs because of the breach of any of the above representations and warranties, whether such breach is discovered before or after closing. Consummation of this Agreement by the City with knowledge of any such breach by the Barkleys will not constitute a waiver or release by the City of any claims due to such breach. Nevertheless, any claim that the Barkleys have breached a representation or warranty must be in writing and must be given by the City within two years of the Date of Closing or be deemed waived. 12. CONTINGENCIES. (a) City’s Contingencies. The obligations of the City under this Agreement are expressly contingent upon each of the following (the “City’s Contingencies”): (i) The City shall have determined on or before the Closing Date, that it is satisfied, in its sole discretion, with the results of any environmental/soil investigations and tests of the Remnant Parcel conducted by the City, the costs of which shall be the responsibility of the City. By executing this Agreement, the Barkleys hereby authorize the City, its contractors, and agents to enter upon the Remnant Parcel for purposes of conducting environmental, engineering and soil tests. (ii) The City shall have determined on or before the Closing Date, that it is satisfied, in its sole discretion, with the title to the Remnant Parcel. (iii) All of the covenants, representations, and warranties made by the Barkleys shall be true and correct as of the Closing Date. (iv) The Barkleys’ combining the City Land, Dock Parcel and Residence Parcel under one tax identification number. (v) The Barkleys granting an easement over the City Land and Dock Parcel in substantially the form attached hereto as “Exhibit C”, to be recorded at closing (“Scenic Easement”). (vi) The Barkleys granting an appurtenant easement for the benefit of the property located at 3620 Eileen Street for access and a dock in the form attached hereto as “Exhibit D”, to be recorded at closing (“Dock Easement”). 184949v1 9 If the City’s Contingencies have not been satisfied on or before the Closing Date, then the City may, at the City’s option, terminate this Agreement by giving notice to the Barkleys on or before the Closing Date. The contingencies set forth in this section are for the sole and exclusive benefit of the City, and the City shall have the right to waive the contingencies by giving notice to the Barkleys. (b) The Barkleys’ Contingencies. The obligations of the Barkleys under this Agreement are expressly contingent upon each of the following (the “Barkleys’ Contingencies”): (i) The Barkleys shall have determined on or before the Closing Date, that they are satisfied, in their sole discretion, with the results of any environmental/soil investigations and tests of the City Land conducted by the Barkleys , the costs of which shall be the responsibility of the Barkleys. By executing this Agreement, the City hereby authorizes the Barkleys, their contractors, and agents to enter upon the City Land for purposes of conducting environmental, engineering and soil tests. (ii) The Barkleys shall have determined on or before the Closing Date, that they are satisfied, in their sole discretion, with the title to the City Land. (iii) All of the covenants, representations, and warranties made by the City shall be true and correct as of the Closing Date. If Barkleys’ Contingencies have not been satisfied on or before the Closing Date, then the Barkleys may, at the Barkleys’ option, terminate this Agreement by giving notice to the City on or before the Closing Date. The contingencies set forth in this section are for the sole and exclusive benefit of the Barkleys, and the Barkleys shall have the right to waive the contingencies by giving notice to the City. 13. MISCELLANEOUS. (a) No Partnership or Joint Venture. Nothing in this Agreement shall be interpreted as creating a partnership or joint venture among the parties. (b) No Broker Commissions. Each party represents and warrants to the other parties that there is no broker involved in this transaction with whom the warranting party has negotiated or to whom the warranting party has agreed to pay a broker commission. Each party agrees to indemnify the other parties for any and all claims for brokerage commissions or finders’ fees in connection with negotiations for the purchase and sale of the Properties arising out of any alleged agreement or commitment or negotiation by the indemnifying party. (c) No Merger. The provisions of this Agreement shall not be merged into any instruments or conveyance delivered at Closing, and the parties shall be bound accordingly. 184949v1 10 (d) Entire Agreement; Amendments. This Agreement constitutes the entire agreement among the parties and no other agreement prior to this Agreement or contemporaneous herewith shall be effective except as expressly set forth or incorporated herein. Any purported amendment shall not be effective unless it shall be set forth in writing and executed by the parties or their respective successors or assigns. (e) Binding Effect; Assignment. This Agreement shall be binding upon and inure to the benefit of the parties and their respective heirs, executors, administrators, successors and assigns. (f) Notice. Any notice, demand, request or other communication which may or shall be given or served by the parties shall be deemed to have been given or served on the date the same is deposited in the United States Mail, registered or certified, postage prepaid; delivered by a nationally recognized overnight delivery company, or actually received by the recipient and addressed as follows: (i) If to City: City Administrator City of Orono P.O. Box 66 Crystal Bay, MN 55323-0066 (ii) If to the Barkleys: 3640 Bayside Road Long Lake, MN 55356 (g) Headings. The headings of the sections and subsections of this Agreement are for convenience of reference only and does not form a part hereof, and in no way interpret or construe such sections and subsections. (h) Survival of Covenants, Representations, Warranties and Agreements. All covenants, representations, warranties and agreements contained herein shall survive the closing. Nevertheless, any claim that either party has breached a representation or warranty must be in writing and must be given by the non-breaching party within two years of the Date of Closing or be deemed waived. (i) Governing Law. This Agreement shall be governed by the laws of the State of Minnesota. (j) Counterpart signatures. The parties agree that this Agreement may be executed in two or more counterparts, all of which when taken together shall comprise one and the same instrument. Each party agrees that the other party may rely upon facsimile copies of the signatures of such party. IN WITNESS WHEREOF, the parties have executed this agreement as of the date written above. 184949v1 11 [Signature Page for City] CITY OF ORONO By: _____________________________________ Lili Tod McMillan, Mayor By: _____________________________________ Jessica Loftus, City Administrator 184949v1 12 [Signature Page for the Barkleys] Jacob J. Barkley Maureen L. Barkley 184949v1 EXHIBIT A Legal Description of the City Land Lot 2, Block 3, Bay View Park, Hennepin County, Minnesota. 184949v1 EXHIBIT B Legal Description of Barkley Land Parcel 1 (“Residence Parcel”) Lot 1, Block 1, Riedel Company Stubbs Bay Addition, Hennepin County, Minnesota. Parcel 2 (“Dock Parcel”) Lot 1, Block 3, Bay View Park, Hennepin County, Minnesota, which lies Southerly of a line 33 feet Southerly of, measured at right angles to and parallel with a line hereinafter referred to as “Line A”, said “Line A” being described as follows; Commencing at the Northeast corner of the Northwest Quarter of Section 5, Township 117 North, Range 23 West of the 5th Principal Meridian; thence South along the East line of said Northwest Quarter a distance of 1400.28 feet; thence deflecting left 64 degrees 30 minutes a distance of 143.32 feet to the point of beginning of said “Line A”; thence deflecting right 180 degrees along said “Line A” a distance of 100 feet; thence along a tangential curve to the left having a radius of 500 feet and central angle of 22 degrees 30 minutes a distance of 196.35 feet; thence Westerly tangent to said curve to the West line of the Northeast Quarter of the Southeast Quarter of said Northwest Quarter, and there ending. Parcel 3 (“Remnant Parcel”) Lot 16, Block 1, Bay View Park, Hennepin County, Minnesota. 184949v1 EXHIBIT C “Scenic Easement” SCENIC EASEMENT DECLARATION THIS SCENIC EASEMENT DECLARATION (“Declaration”) is made this ____ day of ____________, 201__, by Jacob J. Barkley and Maureen L. Barkley, as joint tenants (collectively, “Declarant”). WHEREAS, on or about the date hereof, Declarant purchased that certain real property located in Hennepin County, Minnesota, legally described on the attached Exhibit A (the “Purchased Parcel”) from the City of Orono, a Minnesota municipal corporation (the “City”); WHEREAS, as a condition of the sale of the Purchased Parcel by the City to the Declarant, the City requires that the Declarant grant the City a scenic easement on the terms and conditions set forth herein; and WHEREAS, Declarant is willing to grant such an easement to the City on the terms and conditions set forth herein. NOW, THEREFORE, in consideration of the foregoing, and for other valuable consideration the receipt of which is hereby acknowledged, Declarant declares, establishes, agrees and covenants as follows: 1. Grant of Easement. Subject to the terms and conditions herein, Declarant hereby grants and coveys to the City a perpetual scenic easement over the Purchased Parcel for the purpose of preserving the visibility of Stubbs Bay from Bayside Road, a public right-of-way, by limiting the permanent improvements and structures that may be erected, constructed, maintained, replaced or repaired on the Purchased Parcel to the following: private boat docks and other improvements and appurtenances related to such docks or in furtherance of the use of such docks. Any such docks, improvements and appurtenances shall be erected, constructed, maintained, repaired, and replaced in accordance with applicable ordinances, laws and governmental regulations governing or otherwise affecting the Purchased Parcel. 2. Covenants Run With Land. The terms and provisions of this Declaration shall run with the Purchased Parcel, and shall be binding upon and inure to the benefit of the Declarant, their successors and assigns, and the City, its successors and assigns. 3. Rights Reserved. Except for the rights expressly granted herein to the City, all rights in and to the Purchased Parcel are reserved to the Declarant, provided the Purchased Parcel shall be subject to ordinances, laws and governmental regulations governing or otherwise affecting the Purchased Parcel. 184949v1 4. Miscellaneous. A. Governing Law. This Declaration shall be governed in accordance with the laws of the State of Minnesota. B. Amendment and Waiver. This Declaration may not be modified, waived or terminated except pursuant to an instrument in writing signed by the Declarant, their successors or assigns, and the City, its successors or assigns. C. Not a Public Dedication. Nothing herein contained shall be deemed to be a gift or dedication of all or any portion of the Purchased Parcel to the general public or for any public use or purpose. D. Section Headings. The section headings in this Declaration are inserted for convenience of reference only and shall not in any way affect the meaning or construction of the Declaration. E. Severability. If any term of this Declaration or any application thereof is invalid or unenforceable, the remainder of the Declaration and any other application of such term shall not be affected thereby. F. Exhibits. All exhibits referred to herein and attached hereto shall be deemed part of the Declaration. [SIGNATURE PAGE(S) ATTACHED] 184949v1 IN WITNESS WHEREOF, the undersigned executes this Declaration as of the date first above written. DECLARANT: ____________________________________ JACOB J. BARKLEY ____________________________________ MAUREEN L. BARKLEY STATE OF MINNESOTA ) ) SS: COUNTY OF ____________ ) This instrument was acknowledged before me on the _____ day of ____________, 201_, by JACOB J. BARKLEY. ____________________________________ Notary Public STATE OF MINNESOTA ) ) SS: COUNTY OF ____________ ) This instrument was acknowledged before me on the _____ day of ____________, 201_, by MAUREEN L. BARKLEY. ____________________________________ Notary Public 184949v1 EXHIBIT A DESCRIPTION OF THE PURCHASED PARCEL Lot 2, Block 3; Bay View Park, Hennepin County, Minnesota This instrument was drafted by: Best & Flanagan LLP (TGG) 60 South Sixth Street, Suite 2700 Minneapolis, MN 55402 (612) 341-9717 184949v1 EXHIBIT D “Dock Easement” EASEMENT AGREEMENT THIS EASEMENT AGREEMENT (“Agreement”) is made and entered into this ____ day of ____________, 201__, by and between Jacob J. Barkley and Maureen L. Barkley, as joint tenants (collectively, “Grantor”), James B. Seals and Victoria M. Seals, as joint tenants (collectively, “Seals”), and Mark R. McCutcheon and Jayme A. McCutcheon, as joint tenants (collectively, “McCutcheon”). Seals and McCutcheon are referred to herein, individually and collectively, as the “Grantees”. WHEREAS, Seals is the owner of certain real property located in Hennepin County, Minnesota, legally described on the attached Exhibit A (the “Seals’ Property”); WHEREAS, McCutcheon is the owner of certain real property located in Hennepin County, Minnesota, legally described on the attached Exhibit B (the “McCutcheon’s Property”), and the Seals’ Property and the McCutcheon’s Property is referred to herein collectively as the “Grantee’s Property”; WHEREAS, Grantor is the owner of certain real property located in Hennepin County, Minnesota, legally described on the attached Exhibit C (the “Grantor’s Property”); WHEREAS, Grantor’s Property consists of three separate parcels of real property: (1) a parcel on which a house is located, which parcel lies north of Bayside Road; (2) a parcel lying southerly of Bayside Road and lying partly above and partly below the waterline of Stubbs Bay (the “Shoreline Parcel”); and (3) a small triangularly shaped parcel lying south of Bayside Road, but northerly of the Shoreline Parcel (the “Middle Parcel”). WHEREAS, the Shoreline Parcel and Middle Parcel are legally described on the attached Exhibit D; WHEREAS, the west half of the Middle Parcel is subject to an easement for the benefit of Seals and Seals’ Property for ingress and egress from Stubbs Bay and for the erection and maintenance of a small private dock, by virtue of Document No. T1154647, filed October 3, 1975 (the “Old Easement”); WHEREAS, the Middle Parcel is separated, in part, from the shore of Stubbs Bay by the Shoreline Parcel; WHEREAS, until on or about the date hereof, the Shoreline Parcel was owed by the City of Orono, a Minnesota municipal corporation (the “City”); WHEREAS, on or about the date hereof, the Grantor purchased the Shoreline Parcel from the City; 184949v1 WHEREAS, the Grantor granted the City a scenic easement over the Shoreline Parcel recorded with the Hennepin County Registrar of Titles on or about the date hereof (the “New Scenic Easement”) and Grantor’s predecessor-in-interest previously granted the City a scenic easement over the Middle Parcel by virtue of Document No. T1144484, filed July 2, 1975 (the “Old Scenic Easement”) (such scenic easements are collectively referred to herein as the “Scenic Easements”); WHEREAS, Grantees wish to obtain an easement from Grantor to have the right of ingress and egress from Stubbs Bay over a portion of the Shoreline Parcel and the Middle Parcel, and to place one or more docks on a portion of the Shoreline Parcel; and WHEREAS, Grantor is willing to grant such an easement to Grantees on the terms and conditions set forth hereinafter. NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged by Grantor and Grantees, it is agreed as follows: 5. Grant of Easement. Subject to the terms and conditions herein, Grantor hereby grants and conveys to Grantees the following easements: A. Dock Easement. A perpetual easement over the west half of the Shoreline Parcel (the “Dock Parcel”) for purposes of ingress and egress from Stubbs Bay and for the purpose of erecting and maintaining one or more small private boat dock (individually and collectively, a “Dock”) on and upon the Dock Parcel (collectively, the “Dock Easement”). B. Access Easement. A perpetual easement over, across and upon the Dock Parcel and the west half of the Middle Parcel for purposes of pedestrian ingress and egress between the public right-of-way for Bayside Road and the shore of Stubbs Bay and for purposes vehicular ingress and egress between the public right-of-way for Bayside Road and the shore of Stubbs Bay as may be necessary for constructing, installing, maintaining, repairing replacing, and utilizing a Dock (collectively, the “Access Easement”). The Dock Easement and the Access Easement shall be referred to herein, collectively and individually, as the “Easements” and the property subject to the Easements shall be referred to as the “Easement Property”. The Easements shall be appurtenant to and for the exclusive benefit of Grantee’s Property and shall be binding on, enforceable against, and burden Grantor’s Property. 6. Restrictions on Use of Easement Property. Grantees agree that they shall use the Easement Property only for the purposes set forth in Section 1 above, and shall not store or dispose of any hazardous substances on the Easement Property, and shall not use the Easement Property in any manner inconsistent with the Scenic Easements or any ordinances, laws or governmental regulations governing or otherwise affecting the Easement Property. Grantees shall not alter the grade of the Easement Property in any way, and shall not place or construct structures on or within the Easement Property, except a Dock to the extent permitted by law and the Scenic Easements, and shall not install any permanent cover surface on the Easement Property without the prior written consent of the Grantor. Without limiting any of the foregoing, Grantees acknowledge that 184949v1 the Old Scenic Easement purports to limit the right of McCutcheon to place a Dock on the Middle Parcel. 7. Maintenance of the Easement Property. Grantees shall keep any Dock and the Easement Property in a safe, slightly and well-maintained condition. Grantor and Grantees shall otherwise work cooperatively to maintain and landscape the Easement Property. 8. Liability. Except for the willful or negligent acts or omissions of the Grantor, the Grantees shall, jointly and severally, indemnity, defend and hold the Grantor harmless from any and all loss, costs, liability, damage, injury or expense, which may arise by reason of any violation of law, ordinance or regulation or by reason of injury to or death of a person, damage to property, or claims of liens that are a direct result of work performed and/or materials or supplies furnished at any Grantee’s request, arising out of or in connection with any Grantee’s use of the Easement Property, or use of the Easement Property by the family members, guests, or invitees of any Grantee or trespassers. 9. Duration. The easement rights and obligations set forth herein shall be perpetual unless terminated by the mutual written consent of the parties hereto, or their successors in interest. 10. Taxes. Seals agrees to pay one-quarter of the annual real estate taxes and assessments on the Shoreline Parcel and the Middle Parcel. McCutcheon agrees to pay one-quarter of the annual real estate taxes and assessments on the Shoreline Parcel and the Middle Parcel 11. Effect on the Old Easement. The Old Easement shall remain in effect except to the extent of any conflicts between this Agreement and the terms of the Old Easement. This Agreement shall govern to the extent of any such conflicts. 12. Effect on Scenic Easements. This Agreement shall be subject to the Scenic Easements and the Scenic Easements shall govern to the extent of any such conflicts. 13. No Representations or Warranties. Grantor makes no representations or warranties whatsoever that: (i) the Dock Parcel abuts Stubbs Bay without any gaps, gores or intervening strips of land or that the Easements provide legal access to Stubbs Bay from a public right-of-way; (ii) that the Dock Parcel abuts the west half of the Middle Parcel without any gaps, gores or intervening strips of land; (iii) that there is a legal right of ingress and egress between the west half of the Middle Parcel and a public right-of-way; and (iv) that any Dock may be erected and maintained on the Easement Property in accordance with applicable ordinances, law and governmental regulations, and the Scenic Easements. 14. Rights Reserved. Except for the rights expressly granted herein to Grantee, all rights in and to the Easement Property are reserved to Grantor. 15. Miscellaneous. A. Governing Law. This Agreement shall be governed in accordance with the laws of the State of Minnesota. B. Amendment and Waiver. This Agreement may not be modified, waived or terminated except pursuant to an instrument in writing signed by the parties hereto, or their successors or assigns in interest. 184949v1 C. Entire Agreement. The parties hereto acknowledge and represent that there are no other agreement or understanding with respect to the easements and rights described in this Agreement. D. Covenants Run With Land. The terms and provisions of this Agreement shall run with the Grantor’s Property and the Grantee’s Property, and shall be binding upon and inure to the benefit of Grantor and Grantees and their successors and assigns. E. Not a Public Dedication. Nothing herein contained shall be deemed to be a gift or declaration of all or any portion of the Easements hereby created to the general public. F. Section Headings. The section headings in this Agreement are inserted for convenience of reference only and shall not in any way affect the meaning or construction of the Agreement. G. Severability. If any term of this Agreement or any application thereof is invalid or unenforceable, the remainder of the Agreement and any other application of such term shall not be affected thereby. H. Exhibits. All exhibits referred to herein and attached hereto shall be deemed part of the Agreement. I. Counterparts. This document may be executed and acknowledged in counterparts, all of which executed and acknowledged counterparts shall together constitute a single document. Signature and acknowledgment pages may be detached from the counterparts and attached to a single copy of this document to physically form one document, which may be recorded. [SIGNATURE PAGE(S) ATTACHED] 184949v1 IN WITNESS WHEREOF, Grantor and Grantees have caused this Agreement to be executed as of the date and year first written above. GRANTOR ____________________________________ JACOB J. BARKLEY ____________________________________ MAUREEN L. BARKLEY GRANTEES ____________________________________ JAMES B. SEALS ____________________________________ VICTORIA M. SEALS ____________________________________ MARK R. MCCUTCHEON ____________________________________ JAYME A. MCCUTCHEON 184949v1 STATE OF MINNESOTA ) ) SS: COUNTY OF ____________ ) This instrument was acknowledged before me on the _____ day of ____________, 201_, by JACOB J. BARKLEY. ____________________________________ Notary Public STATE OF MINNESOTA ) ) SS: COUNTY OF ____________ ) This instrument was acknowledged before me on the _____ day of ____________, 201_, by MAUREEN L. BARKLEY. ____________________________________ Notary Public STATE OF MINNESOTA ) ) SS: COUNTY OF ____________ ) This instrument was acknowledged before me on the _____ day of ____________, 201_, by JAMES B. SEALS. ____________________________________ Notary Public STATE OF MINNESOTA ) ) SS: COUNTY OF ____________ ) This instrument was acknowledged before me on the _____ day of ____________, 201_, by VICTORIA M. SEALS. ____________________________________ Notary Public STATE OF MINNESOTA ) 184949v1 ) SS: COUNTY OF ____________ ) This instrument was acknowledged before me on the _____ day of ____________, 201_, by MARK R. MCCUTCHEON. ____________________________________ Notary Public STATE OF MINNESOTA ) ) SS: COUNTY OF ____________ ) This instrument was acknowledged before me on the _____ day of ____________, 201_, by JAYME A. MCCUTCHEON. ____________________________________ Notary Public 184949v1 EXHIBIT A DESCRIPTION OF SEALS’ PROPERTY Lot 4, Block 1, Riedel Company Stubbs Bay Addition, Hennepin County, Minnesota 184949v1 EXHIBIT B DESCRIPTION OF MCCUTCHEON’S PROPERTY Lot 3, Block 1, Riedel Company Stubbs Bay Addition, Hennepin County, Minnesota 184949v1 EXHIBIT C DESCRIPTION OF GRANTOR’S PROPERTY Lot 1, Block 1, Riedel Company Stubbs Bay Addition, Hennepin County, Minnesota. Lot 1, Block 3; Bay View Park, Hennepin County, Minnesota, which lies Southerly of a line 33 feet Southerly of, measured at right angles to and parallel with a line hereinafter referred to as "Line A", said "Line A" being described as follows: Commencing at the Northeast corner of the Northwest Quarter of Section 5, Township 117 North, Range 23 West of the 5th Principal Meridian; thence South along the East line of said Northwest Quarter a distance of 1400.28 feet; thence deflecting left 64 degrees 30 minutes a distance of 143.32 feet to the point of beginning of said "line A"; thence deflecting right 180 degrees along said "Line A" a distance of 100 feet; thence along a tangential curve to the left having a radius of 500 feet and central angle of 22 degrees 30 minutes a distance of 196.35 feet; thence Westerly tangent to said curve to the West line of the Northeast Quarter of the Southeast Quarter of said Northwest Quarter, and there ending. Lot 2, Block 3; Bay View Park, Hennepin County, Minnesota 184949v1 EXHIBIT D DESCRIPTION OF THE SHORELINE PARCEL AND THE MIDDLE PARCEL Shoreline Parcel Lot 2, Block 3; Bay View Park, Hennepin County, Minnesota. Middle Parcel Lot 1, Block 3; Bay View Park, Hennepin County, Minnesota, which lies Southerly of a line 33 feet Southerly of, measured at right angles to and parallel with a line hereinafter referred to as "Line A", said "Line A" being described as follows: Commencing at the Northeast corner of the Northwest Quarter of Section 5, Township 117 North, Range 23 West of the 5th Principal Meridian; thence South along the East line of said Northwest Quarter a distance of 1400.28 feet; thence deflecting left 64 degrees 30 minutes a distance of 143.32 feet to the point of beginning of said "line A"; thence deflecting right 180 degrees along said "Line A" a distance of 100 feet; thence along a tangential curve to the left having a radius of 500 feet and central angle of 22 degrees 30 minutes a distance of 196.35 feet; thence Westerly tangent to said curve to the West line of the Northeast Quarter of the Southeast Quarter of said Northwest Quarter, and there ending. This instrument was drafted by: Best & Flanagan LLP (TGG) 60 South Sixth Street, Suite 2700 Minneapolis, MN 55402 (612) 341-9717 REQUEST FOR COUNCIL ACTION DATE: 11 January 2016 ITEM NO: 13 _____________________________________________________________________________________ Department Approval: Administrator Reviewed: Agenda Section: Name Jeremy Barnhart JML Planning Department Report Title Community Development Director _____________________________________________________________________________________ Item Description: Vacate Conditional Use Permit at 2500 Shadywood Road _____________________________________________________________________________________ List of Exhibits Letter of Request dated December 17, 2015 Resolution 3561 Draft Resolution Purpose. Council is requested to formally extinguish the Conditional Use Permit that authorized 2500 Shadywood to be used as a research and educational center. This Conditional Use Permit was issued by Resolution# 3561 on May 22, 1995. Background. The purchasers of the Freshwater building, in their title examination, noted a Conditional Use Permit encumbers the property. While the CUP runs with the land until the use ceases for a period of 6 months, the purchasers desire to remove this encumbrance formally. Since the CUP was granted by resolution, the CUP should be vacated or extinguished by resolution. The purchasers will use the property for an office use, and will not be conducting research as outlined in the Conditional Use Permit in 1995. Among the conditions of the original resolution was the ability of the city to use the building for elections. Regardless of Council action, the city will need to identify an alternative site for the 2016 election, as the education and research will cease at the closing of the sale, and the CUP will expire 6 months later. The draft resolution will extinguish the Conditional Use Permit in title searches. COUNCIL ACTION REQUESTED: Staff recommends that Council approve the resolution as drafted. REQUEST FOR COUNCIL ACTION DATE: January 11, 2016 ITEM NO: 14 Department Approval: Administrator Reviewed: Agenda Section: Name Jeremy Barnhart JML Planning Title Community Development Director Item Description: Mariani Request to Expand MUSA boundary Application Summary The property owner at 3020 6th Avenue requests Council support to expand the MUSA boundary to incorporate his property. The Property owner also requests the Council waive the connection fee, estimated at $14,110. Background The property was the subject of a lot line rearrangement in June of 2015. As part of that process, the developer submitted a survey and report with two septic sites for each lot, prepared by a certified septic designer, Ende. As is practice, our inspector received and reviewed the report, but did not conduct a site inspection. A site inspection is not commonly completed at this stage. Shortly thereafter, Mr. Mariani purchased the property. He applied for a permit to remodel the existing home. As part of that permit, a site inspection was conducted and it was noted that the sites identified by Ende were not viable because they did not meet separation requirements (water table) and soil conditions (previously disturbed fill soils) that would allow a Type I system which is required by City Ordinance. A type III system could be installed, consistent with city and state requirements. The differences between a Type I and Type III systems are illustrated in the attachment. Mr. Mariani would prefer a Type I system, in part due to its consistent track record and maintenance needs. Since a Type I system is not available, Mr. Mariani is requesting a connection to the sanitary sewer that serves the properties on the south side of Sixth Avenue, approximately 325 feet south. This connection will require an expansion of the MUSA area and a modification of the Comprehensive Plan. Mr. Mariani is also requesting waiver of the connection fee. This area is served by the 2006 Jamestown Road project, and parcels were charged a connection charge plus SAC and permit fees, totaling $16,645. Properties in the area were also responsible for the costs for the service line from the street to the house. The intent behind this request is to gauge Council desire to expand the MUSA prior to completing the full Comprehensive Plan Amendment application. The expansion of the MUSA into an area developed at .5 unit per acre will decrease the overall density of the city’s urban area, impacting the city ability to make other amendments to the Comprehensive Plan in the future. Given the density reduction supported by the Council for the James property and other development activity, the density of the city’s urban area would drop below 3 units per acre, a key analytic employed by the Met Council. Full analysis will be complete if a formal application is made. Planning Staff Recommendation Staff does not recommend the MUSA be expanded as a Type III system is a viable option. Should the Council support the expansion, Staff does not recommend a waiver of the connection charges. Action Requested: List of Exhibits: Exhibit A. Area Map Exhibit B. Letter of request dated December 2, 2015 Exhibit C. Mariani’s inspection reports, property history Exhibit D. Comparison of Type I and Type III septic systems 44 1.8 © Bolton & Menk, Inc - Web GIS 0 Legend Mariani property This drawing is neither a legally recorded map nor a survey and is not intended to be used as one. This drawing is a compilation of records, information, and data located in various city, county, and state offices, and other sources affecting the area shown, and is to be used for reference purposes only. The City of Orono is not responsible for any inaccuracies herein contained. Disclaimer: 1/7/2016 8:40 AM 309 Feet Sanitary Manhole Sanitary Lift Station Sanitary Clean Out Sanitary Termination Valve Sanitary Isolation Valve Sanitary Grinder Station Sanitary Gate Valve Sanitary Flushing Valve Sanitary Curbstop Air Release Manhole Sanitary Pipe Sanitary Forcemain Railroad City Limits Parcels (6-1-2015) Lakes & Ponds Type I System 1.Type I systems have specific design requirements that have been used and tested for many years so the longevity and performance are consistent. 2. A Type I system requires a minimum separation of 12” from the seasonal high water table to grade. 3.The Septic Tank requirements are the same for both Type I and Type III. 4. There are design tables in the code for the sizing of all types of septic systems . 5. A maintenance program is to be devised by the de- signer for every type of septic system . 6. Type I systems can be Mounds, Trenches, Pressure Beds, or At Grade systems. Type III System 1.Type III systems deviate from this known criteria so it’s performance is not as well known. Measures are usually taken to compensate for the departure from this criteria such as replacing soils with sand and or sizing the Type III system the same size as a Type I. 2. A Type III system is not required to have a 12” sep- aration from the seasonal high water table to grade. A minimum of 36” from the seasonal high water table to the treatment media is required for both Type I and Type III. If the separation distance to grade is less than 12 “ this means it will take more materials to construct the system than a Type I. 3. Septic Tank requirements are the same for both Type I and Type III. 4. If a Type III system needs to use values for sizing less than a Type I system a means of restricting devic- es that do not allow loading in excess of the smaller allowable values is required. Alternate sizing values can also be proposed but need to be approved by the City. 5. A maintenance program is required for a Type III system. Also a mitigation plan addressing what to do if the system fails or if portions of the system fail, who is responsible for the work and costs involved in cor- recting these issues. 6. Type III systems are usually Mounds but do not have to be Mounds Comparison of Type I vs Type III septic systems Based on Minnesota State rules REQUEST FOR COUNCIL ACTION DATE: January 11, 2016 ITEM NO: 15 Department Approval: Administrator Reviewed: Agenda Section: Name Jessica Loftus JML City Administrator's Report Title City Administrator Item Description: Annual Appointments Attachment: Draft Resolution Each year the Council adopts a resolution that sets the annual appointments. The attached draft resolution is provided for your consideration and is based upon recommendations from Mayor McMillan and staff. Changes since the 2015 appointments include: • Addition of Highway 12 Safety Coalition, • Removal of past staff to be replaced with newly appointed staff, • Updating of the Official Depositories/Investment Vendors. COUNCIL ACTION REQUESTED: Consider a motion to amend or adopt the attached resolution designating selected appointments for 2015. The Development Review Committee is addressed only in Zoning Code Sections 78- 1005 thru 1007 regarding Planned Unit Developments. It is a committee that reviews minor PUD issues. There is no specific language that creates or authorizes the committee to my knowledge, but because we are directed to refer things to that committee, we created one many years ago. It doesn’t meet very often, but should be retained in the appointments for the rare occasions it is needed. See below. Sec. 78-1005. - Revisions and/or changes. (a) Minor changes in the location, placement and height of structures may be authorized by the development review committee if required by engineering or other circumstances not foreseen at the time the final plan was approved and filed with the zoning administrator. (b) Significant changes in the location, size or height of structures, any rearrangement of lots, blocks and building tracts, changes in the provision of common open spaces, and all other changes to the approved final development plan may be made only after a public hearing conducted by the council. Any changes shall be recorded as amendments to the recorded copy of the final development plan. (c) All of the provisions of this chapter applicable to the original district within which the planned unit development district is established shall apply to the PUD district except as otherwise provided in approval of the final plan. (d) If substantial development has not occurred within a reasonable time after approval of the PUD zoning district as set forth in the developer's agreement, the city council may instruct the planning commission to initiate rezoning to the original zoning district. It shall not be necessary for the city council to find that the rezoning was in error. (Code 1984, § 10.53(5)) Sec. 78-1006. - Phasing and guarantee of performance. (a)The planning commission shall compare the actual development accomplished in the various PUD zones with the approved development schedule. (b)Upon recommendation of the planning commission and for good cause shown by the property owner, the council may extend the limits of the development schedule. (c)The construction and provision of all of the common open space and public and recreational facilities which are shown on the final development plan must proceed at the same rate as the construction of dwelling units, if any. The development review committee shall review all of the building permits issued for the PUD and examine the construction which has taken place on the site. If they find that the rate of construction of dwelling units is greater than the rate at which common open spaces and public and recreational facilities have been constructed and provided, they shall forward this information to the council for action. (d)A letter of credit shall be required to guarantee performance by the developer. The amount of this letter of credit, and the specific elements of the development program that it is intended to guarantee, will be stipulated in the development agreement. (Code 1984, § 10.53(6)) Sec. 78-1007. - Control of planned unit development following completion. (a)After the certificate of occupancy has been issued, the use of the land and the construction, modification or alteration of any buildings or structures within the planned development shall be governed by the final development plan. (b)After the certificate of occupancy has been issued, no changes shall be made in the approved final development plan except upon application as provided below: (1)Any minor extensions, alterations or modifications of existing buildings or structures may be authorized by the development review committee if they are consistent with the purposes and intent of the final plan. No change authorized by this section may increase the cube of any building or structure by more than ten percent. (2)Any building or structure that is totally or substantially destroyed may be reconstructed only in compliance with the final development plan unless an amendment to the final development plan is approved under section 78-1005 (3)Any other changes in the final development plan must be authorized by an amendment of the final development plan under section 78-1005 (Code 1984, § 10.53(7)) Page 1 of 3 A RESOLUTION DESIGNATING SELECTED APPOINTMENTS BE IT RESOLVED, by the City Council of the City of Orono, Minnesota that the appointments and designations for the year 2016 are as follows: APPOINTMENT/DESIGNATION 2016 Acting Mayor Aaron Printup Association of Metropolitan Municipalities Legislative Contact Lili McMillan Association of Metropolitan Municipalities Representative Jessica Loftus Attorney-City Lead (Civil) Soren Mattick Attorney-City Firm (Civil) Campbell, Knutson Attorney-Alternate Dorsey & Whitney Attorney-Lead Prosecuting Kenneth N. Potts Attorney-City Prosecuting Firm Kenneth N. Potts Auditor Clifton Larson Allen LLP Big Island Custodian Gabriel Jabbour Communications Committee Lizz Levang Diane Tiegs Jessica Loftus Data Practices Compliance Official Correy Farniok or designee Development Review Committee Mike Gaffron Melanie Curtis Jeremy Barnhart Emergency Preparedness Director Correy Farniok or designee Engineer-Lead Consulting David Martini Engineer-City Firm Bolton & Menk Fence Viewers Jim Cornick Jr. Lizz Levang Fiscal Agents Ehlers & Associates Gillespie Center Lili McMillan Hennepin Emergency Communications Organization Correy Farniok Highway 12 Safety Coalition Lili McMillan Aaron Printup Correy Farniok Highway 12 Turnback Committee Lili McMillan Jim Cornick Adam Edwards Jessica Loftus Housing and Redevelopment Authority Lili McMillan, Chair Jim Cornick Jr. Lizz Levang Aaron Printup Dennis Walsh Ron Olson, Secretary Page 2 of 3 APPOINTMENT/DESIGNATION 2016 Insurance Agent of Record Ronald Youngdahl, Northern Capital Insurance Group Lake Minnetonka Conservation District (LMCD) Gabriel Jabbour Long Lake Fire Advisory Commission Aaron Printup Dennis Walsh Jessica Loftus Mayor's Association Lili McMillan Official Newspaper The Pioneer Official Depositories/Investment Vendors 1st Bank Highland Park - 17470 1st Bank & Tr Lubboc – 14778 1st Financial Bank SD - 1673 1st Niagra Buffalo NY - 16004 1st National Bank One – 4789 3rd Federal Savings - 30012 Ally Bank - 57803 Am Express Bank - 35328 Am Express Centurian - 27471 Bank Baroda - 33681 Bank Hapoalim - 33686 Bank North – 33527 Banker’s Bank - 27351 Banko Popular - 34968 Barclays Bank - 57203 BMO Harris - 16571 BMW Bank - 35141 Capital One Bank - 33954 Capital One Bank – 4297 Cathay Bank - 18503 CIT Bank - 35575 Comenity Bank - 57570 Community 1st Bank - 58191 Compass Bank - 19048 Discover Bank - 5649 Enerbank - 57293 ESSA Bank and Trust - 28262 Everbank - 34775 First American Bank – 3657 First National Bank of the Lakes, Navarre Page 3 of 3 APPOINTMENT/DESIGNATION 2016 Official Depositories/Investment Vendors, Continued Flushing Savings Bank - 58564 GE Capital – 33778 Goldman Sachs - 33124 Great Southern Bank – 29546 JP Morgan Chase - 628 Lakeside Bank – 19573 Long Lake Community Bank League of MN Cities – 4M Fund Morgan Stanley Smith Barney, St. Paul Oriental Bank – 31469 RBC Wealth Management, Mpls Sallie Mae Bank – 58177 Sauk Valley Bank – 35131 St Bank India – 33682 St Bank & Trust Pinehurst – 57870 Synchrony Bank – 27314 UBS Financial Services, Wayzata Wells Fargo Advisors (Wachovia), Mpls Wells Fargo Bank – 3511 Western St Bank - 9123 Park Commission Chair Rick Meyer Planning Commission Chair Alternating Planning Commission Representative to Council Alternating Police Advisory Commission Lili McMillan Lizz Levang Suburban Rate Authority Jessica Loftus Transportation Committee Adam Edwards Correy Farniok or designee Weed Inspector Lili McMillan Weed Inspector-Assistant Tim Amundsen Adopted by the City Council of the City of Orono, Minnesota, at a regular meeting held January 11, 2016. ATTEST: __________________________________________ _______________________________________ Diane Tiegs, City Clerk Lili Tod McMillan, Mayor REQUEST FOR COUNCIL ACTION DATE: January 11, 2016 ITEM NO: 16 Department Approval: Administrator Reviewed: Agenda Section: Name Ron Olson RJO JML Title Finance Director City Administrator’s Report Item Description: Orono Police Garage - Pay Request No.16 Attachments: Kraus Anderson, the Construction Manager for the garage project, has submitted pay request number 16 on behalf of the contractors working on the project. The pay request is for $17,629.20. Including this pay request, a total of $2,767,827.25 (99%) of the $2,783,857 contract has been paid. The contractors and amounts are as follows: Description Amount Sterling Electric $ 17,629.20 Total $ 17,629.20 COUNCIL ACTION REQUESTED: Consider a motion to approve the payments to the contractors working on the Orono Police Garage Project as listed in an amount totaling $17,629.20. REQUEST FOR COUNCIL ACTION DATE: January 11, 2016 ITEM NO: 17 Department Approval: Administrator Reviewed: Agenda Section: Name Diane Tiegs JML City Administrator Report City Clerk Item Description: 2016 Tobacco Licenses and Residential Kennel License ANNUAL TOBACCO LICENSES Sell Tobacco Products and Tobacco Related Devices 1. John O’Sullivan – O’Sullivan’s Holiday #546 2420 Shadywood Road Navarre, MN 55392 No violations in the past year. 2. John O’Sullivan – O’Sullivan’s Holiday #547 3340 Shoreline Drive Navarre, MN 55392 No violations in the past year. 3. Jay Kernan President – Wayzata Country Club 200 Wayzata Blvd West No violations in the past year. 4. Richard J. Wood – Navarre Liquors 3421 Shoreline Drive No violations in the past year. 5. Leroy David Koehnen – Navarre Minnoco 3360 Shoreline Drive No violations in the past year. 6. Jeffrey Klingen – Spring Hill Golf Club 725 Sixth Ave N No violations in the past year The tobacco license applicants have met the requirements and submitted complete applications. Staff recommends approval of the 2016 tobacco license applications. RESIDENTIAL KENNEL LICENSE 1. David & LuAnn Runkle 2684 Casco Point Rd The residential kennel license applicant has met the requirements and submitted a complete application. Staff recommends approval of the 2016 residential kennel license application. COUNCIL ACTION REQUESTED: Consider a motion to approve the above listed licenses. REQUEST FOR COUNCIL ACTION Date: Jan 11, 2016 Item No. 18 Department Approval: Administrator Approval: Agenda Section: Name: Ron Olson RJO 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 104146 to 104258, totaling $1,124.996.31. Noteworthy payments include: Met Council Environmental Services $32,877.48 Wastewater charges paid to the Met Council. Total charges for 2016 will be $394,525.76. Deputy Registrar $ 5,500.09 Motor vehicle sales tax paid on Public Works truck. The City’s sales tax exemption does not apply to vehicles other than marked squad cars. Hennepin County Treasurer $ 86,000.00 First half payment for the contracted assessing services with Hennepin County. The second half is paid in July. GMH Asphalt $120,540.98 Pay Request number 1 for Baldur Park Road. COUNCIL ACTION REQUESTED Consider a motion to approve payment of the claims list as presented. City of Orono Check Register - COUNCIL REPORT Page: 1 Check Issue Dates: 12/8/2015 - 1/11/2016 Jan 07, 2016 11:39AM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount A 1 RENTAL 12/14/2015 104146 114237 101-42110-201 equipment rental Police Department 38.77 Total 104146:38.77 ACCURINT 12/30/2015 104268 1297291-201 101-42110-311 Nov contract fee Police Department 121.50 Total 104268:121.50 ADAM EDWARDS 12/30/2015 104269 112415 101-43000-331 mileage reimb 9/1 to 11/24 Public Works Department 229.48 ADAM EDWARDS 12/30/2015 104269 112415 101-43000-331 parking reimb Public Works Department 24.00 Total 104269:253.48 ADAMS, DON 01/11/2016 104370 122815 101-22205 Escrow refund 2014-00862/2014-00967 2,500.00 Total 104370:2,500.00 Advanced Imaging Solutions 12/14/2015 104147 87657 101-41900-413 toner shipping Central Services 16.95 Advanced Imaging Solutions 12/14/2015 104147 88276 101-42110-413 toner shipping Police Department 13.96 Total 104147:30.91 ADVANCED IMAGING SOLUTIO 12/14/2015 104148 292787280 101-41900-413 copier lease 11/20 to 12/20 Central Services 1,284.00 Total 104148:1,284.00 Advanced Imaging Solutions 12/30/2015 104270 89442 101-42110-401 printer maint contract 12/10 to 01/09 Police Department 107.52 Advanced Imaging Solutions 12/30/2015 104270 89442 101-41900-401 printer maint contract 12/10 to 01/09 Central Services 86.01 Advanced Imaging Solutions 12/30/2015 104270 89442 602-49450-401 printer maint contract 12/10 to 01/09 Sewer 21.50 Advanced Imaging Solutions 12/30/2015 104270 90041 101-41900-413 toner shipping Central Services 15.47 Advanced Imaging Solutions 12/30/2015 104270 90647 101-41900-413 toner shipping Central Services 12.32 Total 104270:242.82 ADVANCED IMAGING SOLUTIO 01/11/2016 104371 292797610 101-42110-413 pd copier lease 11/20 to 12/20 and overage Police Department 555.70 ADVANCED IMAGING SOLUTIO 01/11/2016 104371 294617717 101-42110-413 pd copier lease 12/20 to 1/20 Police Department 331.00 Total 104371:886.70 ADVANCED IMAGING SOLUTIO 01/11/2016 104372 294928692 101-41900-413 copier lease 12/20 to 1/20 Central Services 1,319.00 City of Orono Check Register - COUNCIL REPORT Page: 2 Check Issue Dates: 12/8/2015 - 1/11/2016 Jan 07, 2016 11:39AM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount ADVANCED IMAGING SOLUTIO 01/11/2016 104372 294928692 101-41900-413 Admin overage Central Services 683.82 Total 104372:2,002.82 ALLIANCE BENEFIT GROUP-WI 12/14/2015 104149 31177 101-41900-319 Cobra Admin fee Central Services 61.00 Total 104149:61.00 ALLIANCE BENEFIT GROUP-WI 12/30/2015 104271 31799 101-41900-319 Cobra Admin fee Central Services 50.00 Total 104271:50.00 AMERICAN TIRE DISTRIBUTOR 12/14/2015 104150 68377372 101-42110-402 tires Police Department 1,101.28 Total 104150:1,101.28 AMY SWANSON 12/30/2015 104272 111515 101-42110-226 reimb for clothing Police Department 500.00 Total 104272:500.00 APPRIZE TECHNOLOGY SOLUT 12/14/2015 104151 11494 101-41900-319 insurance enrollment online setup Central Services 1,000.00 Total 104151:1,000.00 ARC 12/14/2015 104152 15007119 101-41900-352 oversized copies Central Services 81.33 Total 104152:81.33 ATOM 12/30/2015 104273 720791 101-42110-433 2016 Membership Police Department 250.00 Total 104273:250.00 BATTERIES PLUS 01/11/2016 104373 021-338778 602-49450-406 batteries Sewer 41.78 Total 104373:41.78 BCA FORENSIC SCIENCE LAB 01/11/2016 104374 297733 101-42110-311 CJDN connect and operation charge Police Department 510.00 Total 104374:510.00 City of Orono Check Register - COUNCIL REPORT Page: 3 Check Issue Dates: 12/8/2015 - 1/11/2016 Jan 07, 2016 11:39AM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount BCA TRAINING & DEVELOPME 12/14/2015 104153 33879 101-42110-437 training B. Schoenherr Police Department 25.00 Total 104153:25.00 BITUMINOUS ROADWAYS INC 12/14/2015 104154 3 402-48056-590 Watertown/Stubbs Bay rehab Watertown Road 57,377.02 BITUMINOUS ROADWAYS INC 12/14/2015 104154 3 402-20600 Watertown/Stubbs Bay rehab 11,374.45- Total 104154:46,002.57 BLUE CROSS BLUE SHIELD OF 12/14/2015 104155 113015 101-21706 Health insurance 4,783.68 BLUE CROSS BLUE SHIELD OF 12/14/2015 104155 113015 101-15998 Cobra 5,474.96 Total 104155:10,258.64 BLUE CROSS BLUE SHIELD OF 12/30/2015 104274 121915 101-21706 Health insurance 20,970.02 BLUE CROSS BLUE SHIELD OF 12/30/2015 104274 121915 101-42110-135 Disability continuation Police Department 594.00 Total 104274:21,564.02 BOLTON & MENK INC.12/14/2015 104156 184006 602-16500 2014 Sanitary Sewer Rehab 533.00 BOLTON & MENK INC.12/14/2015 104156 184007 601-16500 2014 Well house/WTP improvements 2,199.14 BOLTON & MENK INC.12/14/2015 104156 184008 435-48964-304 Baldur Park Rd Imp 371.50 BOLTON & MENK INC.12/14/2015 104156 184009 101-43280-304 15-3733 1185 Ferndale Rd Special Services 183.00 BOLTON & MENK INC.12/14/2015 104156 184010 101-43280-304 Glendale Cove Special Services 300.00 BOLTON & MENK INC.12/14/2015 104156 184011 101-43280-304 14-3669 3850 Watertown Rd Special Services 1,432.00 BOLTON & MENK INC.12/14/2015 104156 184012 101-43280-304 2015-01193 1400 Baldur Park Rd Special Services 225.00 BOLTON & MENK INC.12/14/2015 104156 184013 101-43280-304 13-3637 Oliver Hill Special Services 225.00 BOLTON & MENK INC.12/14/2015 104156 184016 101-43280-304 15-3739 Mooney Lake Preserve Special Services 2,319.00 BOLTON & MENK INC.12/14/2015 104156 184017 101-43280-304 15-3774 1700 Shoreline Special Services 339.00 BOLTON & MENK INC.12/14/2015 104156 184018 101-43280-304 15-3749 Crystal Bay Estates Special Services 594.00 BOLTON & MENK INC.12/14/2015 104156 184019 101-43280-304 15-3775 1380 Briar Street Special Services 54.00 BOLTON & MENK INC.12/14/2015 104156 184020 101-43280-304 15-3778 2905 Casco Pt Road Special Services 54.00 BOLTON & MENK INC.12/14/2015 104156 184021 101-43280-304 15-3781 3185 Casco Circle Special Services 108.00 BOLTON & MENK INC.12/14/2015 104156 184022 101-43280-304 15-3725 4167 Highwood Rd Special Services 54.00 BOLTON & MENK INC.12/14/2015 104156 184023 101-43280-304 15-3763 200 Stubbs Bay Rd Special Services 54.00 BOLTON & MENK INC.12/14/2015 104156 184024 651-49910-304 GIS/mapping Storm Water 846.50 BOLTON & MENK INC.12/14/2015 104156 184025 601-49400-304 Scada Water 184.73 BOLTON & MENK INC.12/14/2015 104156 184025 602-49450-304 Scada Sewer 491.03 BOLTON & MENK INC.12/14/2015 104156 184025 402-48056-304 Watertown Rd phase 2 Watertown Road 470.00 BOLTON & MENK INC.12/14/2015 104156 184025 101-43170-304 MSA counts Engineering 217.50 City of Orono Check Register - COUNCIL REPORT Page: 4 Check Issue Dates: 12/8/2015 - 1/11/2016 Jan 07, 2016 11:39AM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount BOLTON & MENK INC.12/14/2015 104156 184025 651-49910-304 Fox Street improvements Storm Water 1,880.00 BOLTON & MENK INC.12/14/2015 104156 184025 601-49400-304 Well location Water 30.00 BOLTON & MENK INC.12/14/2015 104156 184025 602-49450-304 LS2 and LS26 misc Sewer 60.00 BOLTON & MENK INC.12/14/2015 104156 184026 601-16500 2015 Sewer improvements 1,515.00 BOLTON & MENK INC.12/14/2015 104156 184028 601-49400-304 At&T Plan review & inspection Water 2,830.31 BOLTON & MENK INC.12/14/2015 104156 184029 101-43000-304 Fox Street improvements Public Works Department 256.00 BOLTON & MENK INC.12/14/2015 104156 184030 602-16500 Kelly Ave sewer outfall 339.50 BOLTON & MENK INC.12/14/2015 104156 184033 101-43280-304 15-3723 Lakeview Special Services 1,408.00 BOLTON & MENK INC.12/14/2015 104156 184034 402-48056-304 Watertown Rd phase 2 Watertown Road 946.00 Total 104156:20,519.21 BOLTON & MENK INC.12/30/2015 104275 185065 601-16500 2014 Well house/WTP improvements 250.94 BOLTON & MENK INC.12/30/2015 104275 185073 101-43280-304 15-3739 Mooney Lake Preserve Special Services 2,613.00 BOLTON & MENK INC.12/30/2015 104275 185074 101-43280-304 15-3774 1700 Shoreline Special Services 603.00 BOLTON & MENK INC.12/30/2015 104275 185075 101-43280-304 13-3626 Piveview Special Services 279.00 BOLTON & MENK INC.12/30/2015 104275 185076 101-43280-304 14-3669 3850 Watertown Rd Special Services 1,725.00 BOLTON & MENK INC.12/30/2015 104275 185077 101-43280-304 Stone Bay Special Services 75.00 BOLTON & MENK INC.12/30/2015 104275 185078 101-43280-304 12-0975 Nelson Wetland Restoration Special Services 75.00 BOLTON & MENK INC.12/30/2015 104275 185079 101-43280-304 15-3770 Orchard Farms Special Services 216.00 BOLTON & MENK INC.12/30/2015 104275 185081 601-49400-304 GIS/mapping Water 810.00 BOLTON & MENK INC.12/30/2015 104275 185081 602-49450-304 GIS/mapping Sewer 855.00 BOLTON & MENK INC.12/30/2015 104275 185081 651-49910-304 GIS/mapping Storm Water 2,135.00 BOLTON & MENK INC.12/30/2015 104275 185083 602-49450-304 Creekside as builts Sewer 120.00 BOLTON & MENK INC.12/30/2015 104275 185083 651-49910-304 MS4 inspection forms Storm Water 120.00 BOLTON & MENK INC.12/30/2015 104275 185083 651-49910-304 TAC meeting-MCWD updates Storm Water 108.00 BOLTON & MENK INC.12/30/2015 104275 185083 101-43000-304 Traffic counts MSA Public Works Department 165.00 BOLTON & MENK INC.12/30/2015 104275 185083 651-49910-304 Watertown Rd culvert Storm Water 150.00 BOLTON & MENK INC.12/30/2015 104275 185083 651-49910-304 Storm water map revisions Storm Water 30.00 BOLTON & MENK INC.12/30/2015 104275 185083 101-43000-304 Web GIS updates Public Works Department 220.00 BOLTON & MENK INC.12/30/2015 104275 185086 602-16500 2015 Sewer improvements 1,196.00 BOLTON & MENK INC.12/30/2015 104275 185091 601-49400-304 At&T Plan review & inspection Water 514.60 BOLTON & MENK INC.12/30/2015 104275 185093 651-49910-304 Fox Street improvements Storm Water 225.00 BOLTON & MENK INC.12/30/2015 104275 185097 101-43280-304 15-3723 Lakeview Addn Special Services 2,466.00 BOLTON & MENK INC.12/30/2015 104275 185099 602-16500 LS2 improvements 4,534.91 BOLTON & MENK INC.12/30/2015 104275 185101 402-48056-304 Watertown Rd phase 2 Watertown Road 28,202.00 Total 104275:47,688.45 BOYER FORD & TRUCK 12/14/2015 104157 163318 101-43000-222 #425 exhaust tip Public Works Department 25.19 City of Orono Check Register - COUNCIL REPORT Page: 5 Check Issue Dates: 12/8/2015 - 1/11/2016 Jan 07, 2016 11:39AM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount Total 104157:25.19 BOYER TRUCKS 12/14/2015 104158 162875 101-43000-222 exhaust pipe #425 Public Works Department 915.84 Total 104158:915.84 BUDGET PRINTING 12/30/2015 104276 9500 101-42110-352 no parking signs Police Department 28.79 Total 104276:28.79 BUSINESS FORMS & ACCOUNT 12/14/2015 104159 50644 101-41900-201 1099 Central Services 66.00 Total 104159:66.00 CAMPBELL KNUTSON 12/30/2015 104277 2717-000G1 101-41600-307 General legal review Law/Legal Services 608.28 CAMPBELL KNUTSON 12/30/2015 104277 2717-000G1 101-41600-307 Mooney Lake Law/Legal Services 186.00 CAMPBELL KNUTSON 12/30/2015 104277 2717-000G1 101-41600-307 Model variance resolutions Law/Legal Services 434.00 CAMPBELL KNUTSON 12/30/2015 104277 2717-000G1 101-41600-307 Lurton Park docs Law/Legal Services 104.50 CAMPBELL KNUTSON 12/30/2015 104277 2717-004G1 101-42110-307 Police matters Police Department 403.00 CAMPBELL KNUTSON 12/30/2015 104277 2717-150G5 101-43280-307 litigation Special Services 1,304.96 CAMPBELL KNUTSON 12/30/2015 104277 2717-201G4 101-41600-307 misc recordings Law/Legal Services 913.75 CAMPBELL KNUTSON 12/30/2015 104277 2717-328G4 406-48706-307 1735 Fagerness hazardous bldg 586.50 CAMPBELL KNUTSON 12/30/2015 104277 2717-347G7 225-45215-307 Hackberry property 46.50 CAMPBELL KNUTSON 12/30/2015 104277 2717-353G7 101-41600-307 Spates Ave Lake Access Law/Legal Services 62.50 CAMPBELL KNUTSON 12/30/2015 104277 2717-360G7 601-16500 Land-well #4 980.00 CAMPBELL KNUTSON 12/30/2015 104277 2717-369G4 101-43280-307 15-3752 425/475/595 OCB Special Services 90.00 CAMPBELL KNUTSON 12/30/2015 104277 2717-375G3 101-43280-307 15-3768 Larson dog daycare Special Services 90.00 CAMPBELL KNUTSON 12/30/2015 104277 2717-383G2 101-43280-307 15-3774 1700 Shoreline Dr Special Services 472.50 CAMPBELL KNUTSON 12/30/2015 104277 2717-388G2 101-43280-307 15-3783 2465 Shadywood Rd Special Services 67.50 CAMPBELL KNUTSON 12/30/2015 104277 2717-389G1 101-43280-307 15-3787 2264 Shadywood Rd Special Services 67.50 CAMPBELL KNUTSON 12/30/2015 104277 2717-390G1 101-43280-307 15-3780 3596 Shoreline Dr Special Services 67.50 CAMPBELL KNUTSON 12/30/2015 104277 2717-391G1 101-43280-307 15-3789 3590 North Shore Dr Special Services 90.00 CAMPBELL KNUTSON 12/30/2015 104277 2717-800G3 101-42400-307 B&Z staff meetings 11/15 Building & Zoning 759.50 CAMPBELL KNUTSON 12/30/2015 104277 2717-801G3 101-41600-307 Council meetings 11/15 Law/Legal Services 2,123.50 CAMPBELL KNUTSON 12/30/2015 104277 2717-802G3 101-42400-307 B&Z assistance Building & Zoning 1,178.00 CAMPBELL KNUTSON 12/30/2015 104277 2717-803G3 101-41600-307 ordinances Law/Legal Services 480.50 Total 104277:11,116.49 City of Orono Check Register - COUNCIL REPORT Page: 6 Check Issue Dates: 12/8/2015 - 1/11/2016 Jan 07, 2016 11:39AM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount CARCIOFINI 12/30/2015 104278 26460 101-42110-403 PD garage repairs Police Department 500.00 Total 104278:500.00 CARDMEMBER SERVICE 12/14/2015 104160 CF103015 101-42110-201 photo backdrop B&H photo Police Department 137.50 CARDMEMBER SERVICE 12/14/2015 104160 CF112015 101-42110-402 Car wash buff-n-glo Police Department 13.00 CARDMEMBER SERVICE 12/14/2015 104160 CF112515 101-42110-437 Lake area emergency mgmt meeting-El Parian Police Department 13.53 CARDMEMBER SERVICE 12/14/2015 104160 CF112715 101-42110-240 ladder-Home Depot Police Department 127.18 CARDMEMBER SERVICE 12/14/2015 104160 CF120215 101-42110-439 food for Rotary meeting-Harvest Moon Police Department 6.42 CARDMEMBER SERVICE 12/14/2015 104160 CF120715 101-42110-402 Car wash buff-n-glo Police Department 10.00 CARDMEMBER SERVICE 12/14/2015 104160 CF120915 101-42110-439 food for police commission meeting-Cub Police Department 16.73 CARDMEMBER SERVICE 12/14/2015 104160 CF120915B 101-42110-433 notary renewal J. Werder Police Department 120.00 CARDMEMBER SERVICE 12/14/2015 104160 JL112315 101-41110-439 food for council worksession-Jimmy Johns Mayor & Council 65.23 CARDMEMBER SERVICE 12/14/2015 104160 JL120115 101-41300-439 meeting expense Country Cake Administration 8.05 CARDMEMBER SERVICE 12/14/2015 104160 JL120415 101-41300-439 meeting expense Starbucks Administration 9.01 CARDMEMBER SERVICE 12/14/2015 104160 JL120715 101-41300-439 meeting expense Country Cake Administration 6.52 CARDMEMBER SERVICE 12/14/2015 104160 SO111815 101-43000-489 supplies Fleet Farm Public Works Department 122.80 CARDMEMBER SERVICE 12/14/2015 104160 SO120815 101-43000-212 fuel Holiday Public Works Department 18.22 Total 104160:674.19 CARDMEMBER SERVICE 12/30/2015 104279 CF121115 101-42110-201 notary stamp JP Cooke Police Department 31.70 CARDMEMBER SERVICE 12/30/2015 104279 CF121415 101-42110-439 critical incident debrief Dave's Town Club Police Department 32.52 CARDMEMBER SERVICE 12/30/2015 104279 CF121515 101-42110-489 balloon Kyle K. SCH Gift Gallery Police Department 9.48 CARDMEMBER SERVICE 12/30/2015 104279 CF121615 101-42110-439 Rotary meeting-Harvest Moon Police Department 6.42 CARDMEMBER SERVICE 12/30/2015 104279 CF122215 101-42110-221 Camera-Amazon Police Department 462.18 CARDMEMBER SERVICE 12/30/2015 104279 JL121015 101-41300-439 meeting expense Country Cake Administration 5.77 CARDMEMBER SERVICE 12/30/2015 104279 RO120515 101-41900-201 Calendar-Amazon Central Services 20.77 CARDMEMBER SERVICE 12/30/2015 104279 SO121415 601-49400-221 repair parts Reliable Parts Water 175.60 Total 104279:744.44 CARDMEMBER SERVICE 01/11/2016 104375 CF123115 101-42110-201 wipes for Live Scan machine-Reliable Paper Police Department 72.78 CARDMEMBER SERVICE 01/11/2016 104375 JL10516 101-41300-439 meeting expense Caribou Administration 8.13 CARDMEMBER SERVICE 01/11/2016 104375 JL123115 101-41300-439 meeting expense Starbucks Administration 5.10 CARDMEMBER SERVICE 01/11/2016 104375 SO123115 101-43000-224 #426 parts Crow River Farm Supply Public Works Department 79.84 Total 104375:165.85 CAREERTRACK 12/14/2015 104161 18602039 101-42110-437 training registration S. Schultz Police Department 149.00 City of Orono Check Register - COUNCIL REPORT Page: 7 Check Issue Dates: 12/8/2015 - 1/11/2016 Jan 07, 2016 11:39AM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount CAREERTRACK 12/14/2015 104161 18602043 101-42110-437 training J. McCoy Police Department 149.00 Total 104161:298.00 CARGILL SALT 12/14/2015 104162 2902554637 601-49400-216 salt Water 4,526.68 Total 104162:4,526.68 CARQUEST #2239 12/30/2015 104280 332723 101-43000-222 #431 repair parts Public Works Department 50.47 Total 104280:50.47 CENTERPOINT ENERGY MAIN 12/14/2015 104163 120115 601-49400-381 10/21 to 11/19 Water 539.41 CENTERPOINT ENERGY MAIN 12/14/2015 104163 120115 602-49450-381 10/21 to 11/19 Sewer 227.78 CENTERPOINT ENERGY MAIN 12/14/2015 104163 120115 101-41900-381 10/21 to 11/19 Central Services 318.84 CENTERPOINT ENERGY MAIN 12/14/2015 104163 120115 101-42110-381 10/21 to 11/19 Police Department 92.30 CENTERPOINT ENERGY MAIN 12/14/2015 104163 120115 101-45210-381 10/21 to 11/19 Golf Course 57.58 Total 104163:1,235.91 CENTURY LINK 12/14/2015 104164 111915 101-45210-321 GC phone/dsl Golf Course 193.93 Total 104164:193.93 CENTURY LINK 12/30/2015 104281 121915 101-45210-321 gC dsl/phone Golf Course 193.89 Total 104281:193.89 CHAMPLIN POLICE DEPARTME 12/14/2015 104165 120815 101-42110-437 Open source training Police Department 60.00 Total 104165:60.00 CHUNKS LAKESHORE AUTO 12/14/2015 104166 13340 101-42110-402 #227 oil change, heater hose repair Police Department 347.62 CHUNKS LAKESHORE AUTO 12/14/2015 104166 13351 101-42110-402 #229 brakes, repairs Police Department 653.69 CHUNKS LAKESHORE AUTO 12/14/2015 104166 13356 101-42110-402 #237 oil change, tires Police Department 112.69 CHUNKS LAKESHORE AUTO 12/14/2015 104166 13360 101-42110-402 #240 tire repair Police Department 14.31 CHUNKS LAKESHORE AUTO 12/14/2015 104166 13363 101-42110-402 #227 fuel pump, light bulb Police Department 580.70 CHUNKS LAKESHORE AUTO 12/14/2015 104166 13366 101-42110-402 #232 oil change Police Department 42.74 CHUNKS LAKESHORE AUTO 12/14/2015 104166 13370 101-42110-402 #236 oil change, brakes, transmission, seat repair Police Department 532.73 City of Orono Check Register - COUNCIL REPORT Page: 8 Check Issue Dates: 12/8/2015 - 1/11/2016 Jan 07, 2016 11:39AM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount Total 104166:2,284.48 CHUNKS LAKESHORE AUTO 12/30/2015 104282 13385 101-42110-550 #844 tear down Police Department 514.92 CHUNKS LAKESHORE AUTO 12/30/2015 104282 13390 101-42110-402 #841 battery, oil change Police Department 227.90 CHUNKS LAKESHORE AUTO 12/30/2015 104282 13409 101-42110-402 #229 battery, oil change, fuel pump Police Department 848.53 CHUNKS LAKESHORE AUTO 12/30/2015 104282 13411 101-42110-402 #241 oil change Police Department 42.74 Total 104282:1,634.09 CHUNKS LAKESHORE AUTO 01/11/2016 104376 13449 101-42110-402 #228 oil change, brakes, rotors, tension arm Police Department 803.41 CHUNKS LAKESHORE AUTO 01/11/2016 104376 13452 101-42110-402 #227 oil change, tension arms, misc repairs Police Department 702.65 CHUNKS LAKESHORE AUTO 01/11/2016 104376 13455 101-42110-402 #240 oil change Police Department 45.79 Total 104376:1,551.85 CHURCH, JOSEPH 12/14/2015 104167 120815 101-22205 Escrow refund 2014-00636 2,000.00 Total 104167:2,000.00 CITY OF LONG LAKE 12/30/2015 104283 201367 601-49400-387 3rd Qtr Water Water 2,625.25 Total 104283:2,625.25 CITY OF LONG LAKE 01/11/2016 104377 201368 101-42260-318 4th Qtr 2015 fire contract Fire Protection Services 89,096.75 Total 104377:89,096.75 CITY OF MOUND 12/14/2015 104168 112415 101-35105 Admin citations 6,770.04 Total 104168:6,770.04 CITY OF ORONO PETTY CASH 12/30/2015 104284 122915 101-41500-437 food for Clarity training Finance Department 21.97 CITY OF ORONO PETTY CASH 12/30/2015 104284 122915 101-41900-322 postage Central Services 1.10 CITY OF ORONO PETTY CASH 12/30/2015 104284 122915 101-41300-489 supplies for holiday party Administration 39.06 CITY OF ORONO PETTY CASH 12/30/2015 104284 122915 101-41900-201 greeting cards Central Services 7.68 CITY OF ORONO PETTY CASH 12/30/2015 104284 122915 101-41900-201 greeting cards Central Services 10.70 CITY OF ORONO PETTY CASH 12/30/2015 104284 122915 101-41900-201 greeting cards Central Services 10.39 City of Orono Check Register - COUNCIL REPORT Page: 9 Check Issue Dates: 12/8/2015 - 1/11/2016 Jan 07, 2016 11:39AM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount Total 104284:90.90 CITY OF WAYZATA 01/11/2016 104378 122115 101-42260-318 1st half fire protection svcs Fire Protection Services 14,427.50 Total 104378:14,427.50 CITYVIEW PLUMBING & HEATIN 12/14/2015 104169 43764 101-45200-404 furnace tune up and filters Parks 253.00 Total 104169:253.00 CNA LTC 12/14/2015 104170 1619648 101-21715 Long term care 12/15 68.70 Total 104170:68.70 CNA LTC 12/30/2015 104285 121915 101-21715 Long term care 1/16 68.70 Total 104285:68.70 CNC CONSTRUCTION LLC 01/11/2016 104379 10416 101-22205 Escrow refund 2014-01231 2,500.00 CNC CONSTRUCTION LLC 01/11/2016 104379 10416 101-22205 Escrow refund 2014-01228 2,500.00 Total 104379:5,000.00 COLONIAL SUPPLEMENTAL IN 12/14/2015 104171 3128642-120 101-21714 STD 12/15 644.05 Total 104171:644.05 COMMERCIAL ASPHALT 12/14/2015 104172 113015 101-43000-224 street materials Public Works Department 112.56 COMMERCIAL ASPHALT 12/14/2015 104172 151115 101-43000-224 patching supplies Public Works Department 342.23 Total 104172:454.79 CONNELLY INDUSTRIAL ELEC 12/30/2015 104286 14536 601-49400-405 repairs Navarre plant Water 394.60 Total 104286:394.60 CONNELLY INDUSTRIAL ELEC 01/11/2016 104380 14552 601-49400-405 meter head Water 2,649.84 CONNELLY INDUSTRIAL ELEC 01/11/2016 104380 14566 601-49400-405 water plant repairs Water 1,432.00 City of Orono Check Register - COUNCIL REPORT Page: 10 Check Issue Dates: 12/8/2015 - 1/11/2016 Jan 07, 2016 11:39AM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount Total 104380:4,081.84 CONTINENTAL RESEARCH CO 12/30/2015 104287 428981 101-41900-223 supplies Central Services 197.00 CONTINENTAL RESEARCH CO 12/30/2015 104287 428981 101-43000-212 supplies Public Works Department 217.00 Total 104287:414.00 CORCORAN LOCKER 12/30/2015 104288 3036 101-41300-489 employee recognition event Administration 833.59 Total 104288:833.59 CORNERHOUSE 12/30/2015 104289 SPD016 101-42110-319 2016 Forensic Interview Svcs Police Department 2,040.00 Total 104289:2,040.00 COUNTRY CAKE CUPBOARD 12/30/2015 104290 121815 101-41300-489 pies for employee recognition event Administration 80.00 Total 104290:80.00 CRAIG RAPP LLC 12/14/2015 104173 151101 101-41300-437 leadership development program Administration 1,350.00 Total 104173:1,350.00 CULLIGAN 12/14/2015 104174 113015 101-45210-403 softener exchange service Golf Course 19.63 Total 104174:19.63 DAKOTA CO TECHNICAL COLL 12/14/2015 104175 131061 101-43000-437 defensive driving training Mark, Clint Public Works Department 400.00 Total 104175:400.00 DELTA DENTAL 12/30/2015 104291 6298740 101-21709 003722072 Jan Dental 2,158.45 DELTA DENTAL 12/30/2015 104291 6298740 101-15998 003722072 Jan Cobra 568.00 Total 104291:2,726.45 DEPUTY REGISTRAR 12/14/2015 104176 120115 231-45650-441 14-14195 20.75 DEPUTY REGISTRAR 12/14/2015 104176 120115 231-45650-441 15-006830 20.75 City of Orono Check Register - COUNCIL REPORT Page: 11 Check Issue Dates: 12/8/2015 - 1/11/2016 Jan 07, 2016 11:39AM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount Total 104176:41.50 DEPUTY REGISTRAR 12/16/2015 104261 424 405-48500-550 #424 sales tax 5,550.09 Total 104261:5,550.09 EARL F ANDERSON & ASSOC 12/30/2015 104292 110027 101-43000-224 street signs Public Works Department 3,870.88 EARL F ANDERSON & ASSOC 12/30/2015 104292 110066 101-43000-224 signs shipping fees Public Works Department 75.00 Total 104292:3,945.88 ECM PUBLISHERS INC 12/14/2015 104177 278623 101-41900-352 sanitary sewer CIPP bid ad Central Services 229.30 ECM PUBLISHERS INC 12/14/2015 104177 278624 101-41900-352 legal ads Central Services 71.52 ECM PUBLISHERS INC 12/14/2015 104177 278625 101-41900-352 legal ads Central Services 71.52 ECM PUBLISHERS INC 12/14/2015 104177 280958 101-41900-352 legal ads Central Services 95.36 Total 104177:467.70 ECM PUBLISHERS INC 12/30/2015 104293 283160 101-41900-352 legal ads Central Services 47.68 Total 104293:47.68 ECM PUBLISHERS INC 01/11/2016 104381 1215424954 101-42110-352 PD NYE ad Police Department 200.00 ECM PUBLISHERS INC 01/11/2016 104381 488979 101-41900-352 legal ads Central Services 71.52 ECM PUBLISHERS INC 01/11/2016 104381 490334 101-41900-352 legal ads Central Services 77.48 Total 104381:349.00 EMBEDDED SYSTEMS INC.12/30/2015 104294 33861 101-42110-403 siren maint 01/01/16 to 6/30/16 Police Department 1,054.32 Total 104294:1,054.32 EUGSTER, NICHOLAS 12/14/2015 104178 120715 101-22205 Escrow refund 2015-01421 2,500.00 Total 104178:2,500.00 EXPRESS EMPLOYMENT PROF 12/30/2015 104295 16708832-7 101-41300-489 Temp help Administration 81.64 City of Orono Check Register - COUNCIL REPORT Page: 12 Check Issue Dates: 12/8/2015 - 1/11/2016 Jan 07, 2016 11:39AM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount Total 104295:81.64 FERGUSON WATERWORKS #2 12/14/2015 104179 174982 601-49400-227 meter parts Water 906.26 FERGUSON WATERWORKS #2 12/14/2015 104179 174982-1 601-49400-227 meter parts Water 36.20 Total 104179:942.46 FERGUSON WATERWORKS #2 12/30/2015 104296 174984 601-49400-227 water meters Water 2,729.71 FERGUSON WATERWORKS #2 12/30/2015 104296 175245 602-49450-406 Pump for GS 4 Sewer 2,225.34 Total 104296:4,955.05 FIELDSTONE FAMILY HOMES L 01/11/2016 104382 122115 101-22205 Escrow refund 2015-01520 2,500.00 Total 104382:2,500.00 FILEONQ INC 12/14/2015 104180 5516 101-42110-416 software support 2016 Police Department 1,300.67 Total 104180:1,300.67 FINANCE AND COMMERCE 12/14/2015 104181 742479053 101-41900-352 sanitary sewer CIPP bid ad Central Services 180.86 Total 104181:180.86 G & K SERVICES 12/14/2015 104182 1006410076 101-43000-221 towels Public Works Department 9.00 G & K SERVICES 12/14/2015 104182 1006410076 101-43000-226 uniform Public Works Department 29.19 G & K SERVICES 12/14/2015 104182 1006410076 601-49400-226 uniform Water 14.60 G & K SERVICES 12/14/2015 104182 1006410076 602-49450-226 uniform Sewer 14.59 G & K SERVICES 12/14/2015 104182 1006421589 101-43000-221 towels Public Works Department 6.38 G & K SERVICES 12/14/2015 104182 1006421589 101-43000-226 uniform Public Works Department 29.19 G & K SERVICES 12/14/2015 104182 1006421589 601-49400-226 uniform Water 14.59 G & K SERVICES 12/14/2015 104182 1006421589 602-49450-226 uniform Sewer 14.60 G & K SERVICES 12/14/2015 104182 1006424047 101-41900-404 council chambers mats Central Services 10.80 G & K SERVICES 12/14/2015 104182 1006424048 101-41900-404 mats City Hall Central Services 21.20 G & K SERVICES 12/14/2015 104182 1006433075 101-43000-221 towels Public Works Department 6.38 G & K SERVICES 12/14/2015 104182 1006433075 602-49450-226 uniform Sewer 14.60 G & K SERVICES 12/14/2015 104182 1006433075 601-49400-226 uniform Water 14.60 G & K SERVICES 12/14/2015 104182 1006433075 101-43000-226 uniform Public Works Department 29.18 City of Orono Check Register - COUNCIL REPORT Page: 13 Check Issue Dates: 12/8/2015 - 1/11/2016 Jan 07, 2016 11:39AM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount Total 104182:228.90 G & K SERVICES 12/30/2015 104297 1006444534 101-41900-404 mats Central Services 14.40 G & K SERVICES 12/30/2015 104297 1006444534 101-43000-221 towels Public Works Department 7.25 G & K SERVICES 12/30/2015 104297 1006444534 101-43000-226 uniform Public Works Department 27.59 G & K SERVICES 12/30/2015 104297 1006444534 601-49400-226 uniform Water 13.80 G & K SERVICES 12/30/2015 104297 1006444534 602-49450-226 uniform Sewer 13.80 G & K SERVICES 12/30/2015 104297 1006455972 101-43000-221 towels Public Works Department 7.25 G & K SERVICES 12/30/2015 104297 1006455972 101-43000-226 uniform Public Works Department 27.59 G & K SERVICES 12/30/2015 104297 1006455972 601-49400-226 uniform Water 13.80 G & K SERVICES 12/30/2015 104297 1006455972 602-49450-226 uniform Sewer 13.80 G & K SERVICES 12/30/2015 104297 1006467495 101-43000-221 towels Public Works Department 7.25 G & K SERVICES 12/30/2015 104297 1006467495 101-43000-226 uniform Public Works Department 27.60 G & K SERVICES 12/30/2015 104297 1006467495 601-49400-226 uniform Water 13.80 G & K SERVICES 12/30/2015 104297 1006467495 602-49450-226 uniform Sewer 13.79 G & K SERVICES 12/30/2015 104297 1006469925 101-41900-404 council chambers mats Central Services 10.80 G & K SERVICES 12/30/2015 104297 1006469926 101-41900-404 city hall mats Central Services 21.92 Total 104297:234.44 G & K SERVICES 01/11/2016 104383 1006478981 101-43000-221 towels Public Works Department 6.38 G & K SERVICES 01/11/2016 104383 1006478981 101-43000-226 uniform Public Works Department 71.57 G & K SERVICES 01/11/2016 104383 1006478981 601-49400-226 uniform Water 35.79 G & K SERVICES 01/11/2016 104383 1006478981 602-49450-226 uniform Sewer 35.78 Total 104383:149.52 GENERAL SERVICE 12/14/2015 104183 111415 101-41900-404 irrigation system blow out Central Services 85.00 Total 104183:85.00 GENUINE PARTS COMPANY/NA 12/14/2015 104184 296807 101-43000-222 mud flaps #425 Public Works Department 30.98 GENUINE PARTS COMPANY/NA 12/14/2015 104184 296990 101-43000-222 wiper fluid Public Works Department 28.68 GENUINE PARTS COMPANY/NA 12/14/2015 104184 297870 101-42110-402 headlights Police Department 47.98 GENUINE PARTS COMPANY/NA 12/14/2015 104184 298368 101-42110-402 supplies Police Department 133.96 GENUINE PARTS COMPANY/NA 12/14/2015 104184 298798 101-43000-222 wiper blade Public Works Department 17.99 Total 104184:259.59 City of Orono Check Register - COUNCIL REPORT Page: 14 Check Issue Dates: 12/8/2015 - 1/11/2016 Jan 07, 2016 11:39AM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount GENUINE PARTS COMPANY/NA 12/30/2015 104298 299335 101-43000-221 supplies Public Works Department 22.49 GENUINE PARTS COMPANY/NA 12/30/2015 104298 299864 101-43000-222 #426 parts Public Works Department 67.03 GENUINE PARTS COMPANY/NA 12/30/2015 104298 299954 101-43000-222 #431 repair parts Public Works Department 112.79 GENUINE PARTS COMPANY/NA 12/30/2015 104298 300048 101-43000-224 supplies Public Works Department 10.98 GENUINE PARTS COMPANY/NA 12/30/2015 104298 300070 101-43000-222 oil filter Public Works Department 48.35 GENUINE PARTS COMPANY/NA 12/30/2015 104298 300284 101-43000-222 oil filter Public Works Department 18.72 GENUINE PARTS COMPANY/NA 12/30/2015 104298 300297 101-43000-222 antenna Public Works Department 7.99 GENUINE PARTS COMPANY/NA 12/30/2015 104298 300326 101-43000-222 exhaust fluid Public Works Department 26.98 GENUINE PARTS COMPANY/NA 12/30/2015 104298 300399 101-43000-222 wiper blade Public Works Department 42.42 GENUINE PARTS COMPANY/NA 12/30/2015 104298 300932 101-43000-222 wiper blade Public Works Department 42.42 Total 104298:400.17 GENUINE PARTS COMPANY/NA 01/11/2016 104384 113015 101-43000-221 supplies Public Works Department 36.14 GENUINE PARTS COMPANY/NA 01/11/2016 104384 301669 101-43000-222 parts Public Works Department 9.90 GENUINE PARTS COMPANY/NA 01/11/2016 104384 301670 101-43000-222 parts Public Works Department 6.99 GENUINE PARTS COMPANY/NA 01/11/2016 104384 301968 101-43000-222 #422 parts Public Works Department 13.01 Total 104384:66.04 GMH ASPHALT 12/15/2015 104259 1 435-48964-304 Baldur Park Road pay request 1 120,540.98 Total 104259:120,540.98 GOOD SHEPHERD LUTHERAN 01/11/2016 104385 122115 101-22205 Escrow refund 2014-01003 700.00 Total 104385:700.00 GOPHER STATE ONE CALL 12/14/2015 104185 149890 601-49400-489 locates Water 193.05 GOPHER STATE ONE CALL 12/14/2015 104185 149890 602-49450-489 locates Sewer 193.05 Total 104185:386.10 GOPHER STATE ONE CALL 01/11/2016 104386 153998 601-49400-489 locates Water 101.60 GOPHER STATE ONE CALL 01/11/2016 104386 153998 602-49450-489 locates Sewer 101.60 Total 104386:203.20 GRADY, KEVIN 12/14/2015 104186 120715 101-22205 Escrow refund 2014-01002 2,500.00 City of Orono Check Register - COUNCIL REPORT Page: 15 Check Issue Dates: 12/8/2015 - 1/11/2016 Jan 07, 2016 11:39AM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount Total 104186:2,500.00 GRAINGER INC 01/11/2016 104387 1251817738 601-49400-221 meter reader magnet Water 30.48 Total 104387:30.48 GRANICUS INC.12/14/2015 104187 70380 614-49840-329 web service Dec-Feb Cable Franchise 1,647.00 Total 104187:1,647.00 GREGG PALMER 12/30/2015 104299 121815 101-43000-226 reimb boots Public Works Department 103.99 Total 104299:103.99 GS DIRECT 12/30/2015 104300 321007 101-41900-201 ink for plotter Central Services 98.02 Total 104300:98.02 H & L MESABI 12/30/2015 104301 94781 101-43000-224 plow edges Public Works Department 7,262.74 Total 104301:7,262.74 HABSTRITT, BRENT 01/05/2016 103535 81315 101-22205 Escrow refund 2014-00199 10,000.00- Total 103535:10,000.00- HAGEN, AL 12/14/2015 104188 120815 101-22205 Escrow refund 2014-00603 10,000.00 Total 104188:10,000.00 HAHN, JERAD 01/11/2016 104388 122115 101-22205 Escrow refund 2015-00441 2,000.00 Total 104388:2,000.00 HD SUPPLY WATERWORKS LT 01/11/2016 104389 881739 601-49400-227 supplies Water 76.00 Total 104389:76.00 HENNEPIN COUNTY CHIEFS O 12/30/2015 104302 121115 101-42110-433 2016 membership C. Farniok Police Department 125.00 City of Orono Check Register - COUNCIL REPORT Page: 16 Check Issue Dates: 12/8/2015 - 1/11/2016 Jan 07, 2016 11:39AM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount Total 104302:125.00 HENNEPIN COUNTY ELECTION 12/30/2015 104303 1215-1 101-41410-322 postal verifcation cards Elections 316.36 HENNEPIN COUNTY ELECTION 12/30/2015 104303 1215-2 101-41410-221 Voting machine maintenance Elections 1,736.00 Total 104303:2,052.36 HENNEPIN COUNTY INFOR TE 12/14/2015 104189 1000067431 101-41900-319 network support Central Services 50.00 Total 104189:50.00 HENNEPIN COUNTY INFOR TE 12/30/2015 104304 1000067767 101-42110-414 radio lease and MDC billing Police Department 2,927.32 Total 104304:2,927.32 HENNEPIN COUNTY SHERIFF 12/14/2015 104190 1000067411 101-45200-319 STS services Parks 692.80 HENNEPIN COUNTY SHERIFF 12/14/2015 104190 1000067536 101-41600-309 jail charges Law/Legal Services 648.36 HENNEPIN COUNTY SHERIFF 12/14/2015 104190 100067413 101-45200-319 STS services Parks 2,078.40 Total 104190:3,419.56 HENNEPIN COUNTY TREASUR 12/14/2015 104191 1000067679 101-15503 1st Half 2016 Assessing Services 14,333.33 HENNEPIN COUNTY TREASUR 12/14/2015 104191 1000067679 101-41550-302 1st Half 2016 Assessing Services Assessing 71,666.67 Total 104191:86,000.00 HOLMES, MAX 12/14/2015 104192 120815 101-22205 Escrow refund 2015-00990 2,000.00 Total 104192:2,000.00 HOMESTEAD PARTNERS LLC 01/11/2016 104390 10416 101-22205 Escrow refund 15-3749 10,000.00 Total 104390:10,000.00 INTEGRA TELECOM 12/14/2015 104193 13462390 101-42110-321 Phone service Police Department 245.06 INTEGRA TELECOM 12/14/2015 104193 13462390 101-41900-321 Phone Service Central Services 343.09 INTEGRA TELECOM 12/14/2015 104193 13462390 601-49400-321 Phone Service Water 57.18 INTEGRA TELECOM 12/14/2015 104193 13462390 602-49450-321 Phone Service Sewer 171.55 City of Orono Check Register - COUNCIL REPORT Page: 17 Check Issue Dates: 12/8/2015 - 1/11/2016 Jan 07, 2016 11:39AM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount Total 104193:816.88 INTEGRA TELECOM 01/11/2016 104391 1358919 101-42110-321 Phone service Police Department 243.21 INTEGRA TELECOM 01/11/2016 104391 1358919 101-41900-321 Phone Service Central Services 340.49 INTEGRA TELECOM 01/11/2016 104391 1358919 601-49400-321 Phone Service Water 56.75 INTEGRA TELECOM 01/11/2016 104391 1358919 602-49450-321 Phone Service Sewer 170.25 Total 104391:810.70 JACKIE YOUNG 12/14/2015 104194 120115 101-41300-319 CC meeting 11/09, 11/23 Administration 755.00 JACKIE YOUNG 12/14/2015 104194 120115 101-45200-319 Park Commission 11/02 Parks 190.00 JACKIE YOUNG 12/14/2015 104194 120115 101-42400-319 PC meeting 11/16 Building & Zoning 240.00 Total 104194:1,185.00 JACKIE YOUNG 12/30/2015 104305 122115 101-41300-319 CC meeting 12/14 Administration 395.00 Total 104305:395.00 JANE SZCZEPANIK 12/14/2015 104195 110415 101-42400-437 training meal reimb Building & Zoning 15.79 Total 104195:15.79 JH LARSON COMPANY 12/30/2015 104306 101091596.0 101-41900-223 light bulbs Central Services 222.95 Total 104306:222.95 JOSH NEEDHAM 12/16/2015 102543 32515 101-42110-437 training meal reimb Police Department 13.08- Total 102543:13.08- JOSH NEEDHAM 12/16/2015 104262 32515 101-42110-437 training meal reimb Police Department 13.08 Total 104262:13.08 KELLINGTON CONSTRUCTION I 12/30/2015 104307 121815 101-42110-404 holding cell door repair Police Department 900.00 Total 104307:900.00 City of Orono Check Register - COUNCIL REPORT Page: 18 Check Issue Dates: 12/8/2015 - 1/11/2016 Jan 07, 2016 11:39AM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount KENNETH N POTTS PA 12/14/2015 104196 120115 101-41600-306 prosecution services Nov Law/Legal Services 3,000.00 Total 104196:3,000.00 KENNETH N POTTS PA 12/30/2015 104308 120315 231-45650-307 Forfeit 2013 Infinity-Tsypis 450.00 Total 104308:450.00 KILL, COURTNEY 01/11/2016 104392 10516 101-22205 Escrow refund 2014-01206 2,500.00 Total 104392:2,500.00 KLINT, DOUGLAS 01/11/2016 104393 123115 101-22205 Escrow refund 2015-00765 2,000.00 Total 104393:2,000.00 KUSSKE CONSTRUCTION 01/11/2016 104394 1 651-16500 Kelly Ave storm sewer outfall 64,161.35 KUSSKE CONSTRUCTION 01/11/2016 104394 1 651-20600 Kelly Ave storm sewer outfall 3,208.07- KUSSKE CONSTRUCTION 01/11/2016 104394 10516 651-49910-406 Watertown Road phase 1 Storm Water 1,475.00 Total 104394:62,428.28 LAKE MTKA CONSERVATION DI 12/14/2015 104197 100115 101-41110-433 4th qtr levy payment Mayor & Council 14,833.50 Total 104197:14,833.50 Land Source LLC 01/11/2016 104395 122115 101-22205 Escrow refund 2015-00246 2,500.00 Total 104395:2,500.00 LAND TITLE INC 12/31/2015 201300 121515 601-16500 Land-Well #4 426.66 Total 20130070:426.66 LANGLAS, JOHN 12/14/2015 104198 120815 101-22205 Escrow refund 2015-01138 700.00 Total 104198:700.00 LEAGUE OF MN CITIES INS TR 12/30/2015 104309 120415 703-49960-379 Litigation costs file GL11028 3,265.47 City of Orono Check Register - COUNCIL REPORT Page: 19 Check Issue Dates: 12/8/2015 - 1/11/2016 Jan 07, 2016 11:39AM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount Total 104309:3,265.47 LEES, CHASE 12/30/2015 104310 122015 101-42110-319 compliance checks Police Department 60.00 Total 104310:60.00 LEESTMA, MARTIN 12/14/2015 104199 120815 101-22205 Escrow refund 2015-00044 2,500.00 Total 104199:2,500.00 LOGIS 12/14/2015 104200 40908 101-41900-401 server maint Central Services 157.50 LOGIS 12/14/2015 104200 40934 101-42110-310 police records 10/15 Police Department 5,347.00 LOGIS 12/14/2015 104200 40934 101-41900-329 internet 10/15 Central Services 193.50 LOGIS 12/14/2015 104200 40934 101-42110-329 internet 10/15 Police Department 193.50 Total 104200:5,891.50 LOGIS 12/30/2015 104311 41007 101-42110-310 police records 11/15 Police Department 5,347.00 LOGIS 12/30/2015 104311 41007 101-42110-329 internet 11/15 Police Department 193.50 LOGIS 12/30/2015 104311 41007 101-41900-329 internet 11/15 Central Services 193.50 LOGIS 12/30/2015 104311 41064 101-41900-401 port/access list charges Central Services 52.50 Total 104311:5,786.50 LONG LAKE PROPERTIES LLC 12/14/2015 104201 120815 101-22205 escrow refund 2015-00511 2,000.00 Total 104201:2,000.00 LONG LAKE TRUE VALUE 12/14/2015 104202 A28279 101-43000-224 supplies Public Works Department 2.99 LONG LAKE TRUE VALUE 12/14/2015 104202 B296049 101-42110-221 supplies Police Department 8.99 LONG LAKE TRUE VALUE 12/14/2015 104202 B296710 101-43000-221 supplies Public Works Department 8.94 LONG LAKE TRUE VALUE 12/14/2015 104202 B298276 101-43000-222 supplies Public Works Department 6.55 LONG LAKE TRUE VALUE 12/14/2015 104202 B301017 101-42110-402 supplies Police Department 72.37 LONG LAKE TRUE VALUE 12/14/2015 104202 B302015 101-43000-224 supplies Public Works Department 26.99 Total 104202:126.83 LONG LAKE TRUE VALUE 12/30/2015 104312 B302405 101-43000-224 supplies Public Works Department 22.99 LONG LAKE TRUE VALUE 12/30/2015 104312 B302563 101-45200-223 park repairs Parks 19.28 City of Orono Check Register - COUNCIL REPORT Page: 20 Check Issue Dates: 12/8/2015 - 1/11/2016 Jan 07, 2016 11:39AM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount LONG LAKE TRUE VALUE 12/30/2015 104312 B303384 101-43000-224 parts-supplies Public Works Department 28.13 LONG LAKE TRUE VALUE 12/30/2015 104312 B303397 101-43000-224 credit for return Public Works Department 24.56- LONG LAKE TRUE VALUE 12/30/2015 104312 B304691 101-43000-222 repair parts Public Works Department 9.79 Total 104312:55.63 LONG LAKE TRUE VALUE 01/11/2016 104396 A28853 601-49400-227 heater Water 25.99 LONG LAKE TRUE VALUE 01/11/2016 104396 B305818 101-43000-222 #426 repairs Public Works Department 21.75 LONG LAKE TRUE VALUE 01/11/2016 104396 B306215 101-43000-222 #427 parts Public Works Department 2.58 Total 104396:50.32 LTT SERVICES INC 01/11/2016 104397 201-15 101-45210-404 asbestos sampling Golf Course 326.36 Total 104397:326.36 MAILFINANCE 12/14/2015 104203 N5631899 101-41900-401 meter rental Central Services 376.50 Total 104203:376.50 MANSFIELD OIL COMPANY 12/14/2015 104204 986003 101-43000-212 Diesel Public Works Department 187.70 MANSFIELD OIL COMPANY 12/14/2015 104204 986004 101-42110-212 Fuel PD Police Department 2,114.45 Total 104204:2,302.15 MANSFIELD OIL COMPANY 12/30/2015 104313 21683 101-43000-212 Diesel Public Works Department 845.63 MANSFIELD OIL COMPANY 12/30/2015 104313 21684 101-42110-212 Fuel PD Police Department 1,534.54 Total 104313:2,380.17 MCGILL, CHRIS 12/31/2015 104366 123115 101-19999 Employee auction proceeds 1,404.00 Total 104366:1,404.00 MCPA C/O BCA CRIME WATCH 12/30/2015 104314 2016 101-42110-433 2016 Membership Police Department 45.00 Total 104314:45.00 MDHR 12/14/2015 104205 113015 101-42110-437 Human Rights Symposium-C. Fischer Police Department 90.00 City of Orono Check Register - COUNCIL REPORT Page: 21 Check Issue Dates: 12/8/2015 - 1/11/2016 Jan 07, 2016 11:39AM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount Total 104205:90.00 MEDIACOM 12/14/2015 104206 112615 101-45210-415 GC cable Golf Course 7.34 Total 104206:7.34 Mediacom 12/30/2015 104315 122115 614-49840-329 internet 11/15 to 12/15 Cable Franchise 503.17 Mediacom 12/30/2015 104315 122115 101-41900-329 internet 11/15 to 12/15 Central Services 251.58 Mediacom 12/30/2015 104315 122115 101-42110-329 internet 11/15 to 12/15 Police Department 251.58 Mediacom 12/30/2015 104315 122115 614-49840-329 internet 1/2016 Cable Franchise 593.50 Mediacom 12/30/2015 104315 122115 101-41900-329 internet 1/2016 Central Services 296.75 Mediacom 12/30/2015 104315 122115 101-42110-329 internet 1/2016 Police Department 296.75 Total 104315:2,193.33 MEDIACOM 01/11/2016 104398 122615 101-45210-415 GC cable Golf Course 7.34 Total 104398:7.34 MELANIE CURTIS 12/16/2015 102555 85972 101-19999 replace check 85972 4.14- Total 102555:4.14- MELANIE CURTIS 12/16/2015 103656 90115 101-41300-489 reimb picnic supplies Administration 4.28- MELANIE CURTIS 12/16/2015 103656 90115 101-42400-437 reimb training meal Building & Zoning 9.54- MELANIE CURTIS 12/16/2015 103656 90115 101-42400-437 mileage for training Building & Zoning 13.80- Total 103656:27.62- MELANIE CURTIS 12/16/2015 104263 85972 101-19999 replace check 85972 4.14 MELANIE CURTIS 12/16/2015 104263 90115 101-41300-489 reimb picnic supplies Administration 4.28 MELANIE CURTIS 12/16/2015 104263 90115 101-42400-437 reimb training meal Building & Zoning 9.54 MELANIE CURTIS 12/16/2015 104263 90115 101-42400-437 mileage for training Building & Zoning 13.80 Total 104263:31.76 MERNIK, LISA 01/07/2016 104368 120715 101-22205 Escrow refund 2015-01142 700.00 City of Orono Check Register - COUNCIL REPORT Page: 22 Check Issue Dates: 12/8/2015 - 1/11/2016 Jan 07, 2016 11:39AM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount Total 104368:700.00 MERNIK, WILLIAM 12/14/2015 104207 120715 101-22205 Escrow refund 2015-01142 700.00 MERNIK, WILLIAM 01/07/2016 104207 120715 101-22205 Escrow refund 2015-01142 700.00- Total 104207:.00 MESSENBURG, MATTHEW 12/14/2015 104208 120815 101-22205 Escrow refund 2015-00943 2,500.00 Total 104208:2,500.00 MET COUNCIL ENVIRONMENTA 12/14/2015 104209 113015 101-20809 Sac 4,970.00 MET COUNCIL ENVIRONMENTA 12/14/2015 104209 113015 101-39610 SAC credit 49.70- Total 104209:4,920.30 MET COUNCIL ENVIRONMENTA 01/11/2016 104399 123115 101-20802 4th Qtr SAC 2,485.00 MET COUNCIL ENVIRONMENTA 01/11/2016 104399 123115 101-39610 SAC credit 24.85- Total 104399:2,460.15 MET COUNCIL ENVIRONMENTA 12/14/2015 104210 1050182 602-49450-383 Jan wastewater service Sewer 32,877.48 Total 104210:32,877.48 MET COUNCIL ENVIRONMENTA 01/11/2016 104400 1051078 602-49450-383 Feb wastewater service Sewer 32,877.48 Total 104400:32,877.48 METRO WEST INSPECTIONS S 12/14/2015 104211 111515 101-42400-310 Oct inspection services Building & Zoning 7,274.25 Total 104211:7,274.25 METRO WEST INSPECTIONS S 12/30/2015 104316 121015 101-42400-310 Nov inspection services Building & Zoning 5,949.25 Total 104316:5,949.25 MEYERS OUTDOOR SERVICES 12/14/2015 104212 4279 101-45200-404 november lawncare Parks 2,175.00 City of Orono Check Register - COUNCIL REPORT Page: 23 Check Issue Dates: 12/8/2015 - 1/11/2016 Jan 07, 2016 11:39AM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount Total 104212:2,175.00 MINNEAPOLIS OXYGEN COMP 12/30/2015 104317 171140464 101-43000-221 oxygen, acetylene Public Works Department 23.40 MINNEAPOLIS OXYGEN COMP 12/30/2015 104317 171140465 101-42110-221 oxygen Police Department 15.60 MINNEAPOLIS OXYGEN COMP 12/30/2015 104317 171140466 101-42110-221 oxygen Police Department 28.20 Total 104317:67.20 MINNESOTA EQUIPMENT 12/14/2015 104213 39353 101-43000-221 chainsaw chain Public Works Department 55.32 Total 104213:55.32 MINNESOTA EQUIPMENT 12/30/2015 104318 06014 101-43000-403 asphalt saw repair Public Works Department 86.69 MINNESOTA EQUIPMENT 12/30/2015 104318 36333 101-43000-221 parts Public Works Department 33.98 MINNESOTA EQUIPMENT 12/30/2015 104318 39466 101-43000-221 chainsaw chain Public Works Department 141.51 MINNESOTA EQUIPMENT 12/30/2015 104318 39668 101-43000-221 parts Public Works Department 6.42 Total 104318:268.60 MINNESOTA UTILITIES & EXCA 12/14/2015 104214 7 437-48970-520 Police garage project RFP #15 31,652.80 Total 104214:31,652.80 MN DEPT OF AGRICULTURE 12/14/2015 104215 20107415 101-43000-441 Tree Care registry Tim Amundsen 20107415 Public Works Department 25.00 Total 104215:25.00 MN DEPT OF AGRICULTURE 12/30/2015 104319 2016 101-45210-441 Pest app license R. Steffenhagen Golf Course 10.00 Total 104319:10.00 MN DEPT OF HEALTH 01/11/2016 104401 123115 601-20802 4th Qtr Water test fee 1,596.00 Total 104401:1,596.00 MN DEPT OF HUMAN RIGHTS 12/30/2015 104320 318915 101-42110-437 symposium registration C. Fischer Police Department 90.00 Total 104320:90.00 City of Orono Check Register - COUNCIL REPORT Page: 24 Check Issue Dates: 12/8/2015 - 1/11/2016 Jan 07, 2016 11:39AM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount MN DEPT OF LABOR & INDUST 01/11/2016 104402 123115 101-20802 23926053170 4th Qtr surcharge 7,772.69 MN DEPT OF LABOR & INDUST 01/11/2016 104402 123115 101-39610 23926053170 4th Qtr Surcharge credit 310.91- Total 104402:7,461.78 MN DEPT OF REVENUE-WIRE 12/30/2015 104321 113015 101-34210 Nov sales tax 8.00 MN DEPT OF REVENUE-WIRE 12/30/2015 104321 113015 601-39610 Nov sales tax 1.00 MN DEPT OF REVENUE-WIRE 12/30/2015 104321 113015 101-37910 Nov sales tax 88.00 MN DEPT OF REVENUE-WIRE 12/30/2015 104321 113015 101-37920 Nov sales tax 67.00 MN DEPT OF REVENUE-WIRE 12/30/2015 104321 113015 101-37930 Nov sales tax 8.00 MN DEPT OF REVENUE-WIRE 12/30/2015 104321 113015 101-37935 Nov sales tax 4.00 MN DEPT OF REVENUE-WIRE 12/30/2015 104321 113015 101-37940 Nov sales tax 3.00 MN DEPT OF REVENUE-WIRE 12/30/2015 104321 113015 101-37960 Nov sales tax 1.00 MN DEPT OF REVENUE-WIRE 12/30/2015 104321 113015 101-37990 Nov sales tax 70.00 Total 104321:250.00 MN DNR OMB 12/30/2015 104322 1999-6038-2 101-45210-441 Golf Course water report Golf Course 205.50 Total 104322:205.50 MN NCPERS GROUP LIFE INS 12/14/2015 104216 67321215 101-21710 Pera life 12/15 224.00 Total 104216:224.00 MN NCPERS GROUP LIFE INS 01/11/2016 104403 6732116 101-21710 Pera life 1/16 224.00 Total 104403:224.00 MN POLLUTION CONTROL AGE 12/30/2015 104323 122815 602-49450-437 Collection system operators conf O'Brien Sewer 300.00 MN POLLUTION CONTROL AGE 12/30/2015 104323 122815 602-49450-437 Collection system operators conf Palmer Sewer 300.00 MN POLLUTION CONTROL AGE 12/30/2015 104323 122815 602-49450-437 Collection system operators conf Hirsch Sewer 300.00 MN POLLUTION CONTROL AGE 12/30/2015 104323 122815 602-49450-437 Collection system operators conf Amundson Sewer 300.00 MN POLLUTION CONTROL AGE 12/30/2015 104323 122815 602-49450-437 Collection system operators conf Lemen Sewer 600.00 MN POLLUTION CONTROL AGE 12/30/2015 104323 122815 602-49450-437 Collection system operators conf Schumann Sewer 600.00 Total 104323:2,400.00 MN RURAL WATER ASSOCIATI 12/30/2015 104324 121415 602-49450-437 Conf registration Oberaigner Sewer 225.00 MN RURAL WATER ASSOCIATI 12/30/2015 104324 121415 602-49450-437 Conf registration Schuman Sewer 225.00 City of Orono Check Register - COUNCIL REPORT Page: 25 Check Issue Dates: 12/8/2015 - 1/11/2016 Jan 07, 2016 11:39AM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount MN RURAL WATER ASSOCIATI 12/30/2015 104324 121415 602-49450-437 Conf registration Lemen Sewer 225.00 MN RURAL WATER ASSOCIATI 12/30/2015 104324 121415 602-49450-437 Conf registration B. Rathbun Sewer 225.00 Total 104324:900.00 MN RURAL WATER ASSOCIATI 12/30/2015 104325 2016 601-49400-433 membership Feb 16 to Feb 17 Water 250.00 Total 104325:250.00 MORRIES BODYWORKS 12/30/2015 104326 427067 101-42110-550 #844 tear down Police Department 108.00 Total 104326:108.00 MP TECHNOLOGIES LLC 12/30/2015 104327 2100734 703-49960-379 light pole replacement 12,186.77 Total 104327:12,186.77 MUNICIPAL BUILDERS INC 12/30/2015 104328 7 601-16500 Water Plant pay app 7 18,999.29 MUNICIPAL BUILDERS INC 12/30/2015 104328 7 601-20600 Water Plant pay app 7 474.98- Total 104328:18,524.31 MUNICIPAL BUILDERS INC 01/11/2016 104404 FINAL 651-16500 Water Plant pay app 8 Final 18,477.88 MUNICIPAL BUILDERS INC 01/11/2016 104404 FINAL 651-20600 Water Plant pay app 8 Final 15,236.55 Total 104404:33,714.43 MUNICIPAL CODE CORPORATI 12/14/2015 104217 263736 101-41900-319 code updates Central Services 264.00 Total 104217:264.00 MUNICIPAL CODE CORPORATI 12/30/2015 104329 264652 101-41900-319 code updates Central Services 396.00 Total 104329:396.00 MUNSON LAKES NUTRITION 12/14/2015 104218 428170 101-43000-226 winter jackets Public Works Department 446.81 Total 104218:446.81 NAVARRE HARDWARE 12/14/2015 104219 289950 101-42110-223 supplies Police Department 31.64 City of Orono Check Register - COUNCIL REPORT Page: 26 Check Issue Dates: 12/8/2015 - 1/11/2016 Jan 07, 2016 11:39AM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount NAVARRE HARDWARE 12/14/2015 104219 289970 602-49450-227 supplies Sewer 13.99 NAVARRE HARDWARE 12/14/2015 104219 290035 101-41900-223 repair parts Central Services 34.15 NAVARRE HARDWARE 12/14/2015 104219 290179 101-43000-224 supplies Public Works Department 1.60 NAVARRE HARDWARE 12/14/2015 104219 290181 101-43000-224 supplies Public Works Department .90- NAVARRE HARDWARE 12/14/2015 104219 290186 601-49400-227 supplies Water 13.99 NAVARRE HARDWARE 12/14/2015 104219 290254 101-42110-223 supplies Police Department 23.98 NAVARRE HARDWARE 12/14/2015 104219 290420 101-43000-221 batteries Public Works Department 16.98 NAVARRE HARDWARE 12/14/2015 104219 290434 601-49400-405 supplies Water 4.75 Total 104219:140.18 NAVARRE HARDWARE 12/30/2015 104330 290519 602-49450-226 gloves Sewer 41.98 Total 104330:41.98 NAVARRE HARDWARE 01/11/2016 104405 290874 101-42110-223 supplies Police Department 30.95 NAVARRE HARDWARE 01/11/2016 104405 290952 101-43000-222 parts Public Works Department 5.29 Total 104405:36.24 NELSON ELECTRIC MOTOR RE 12/30/2015 104331 7494 602-49450-406 GS 1 repair Sewer 220.00 Total 104331:220.00 NELSON ELECTRIC MOTOR RE 01/11/2016 104406 7512 602-49450-406 GS 1 pump repair Sewer 936.50 Total 104406:936.50 NEWEGG INC 12/30/2015 104332 1201584108 101-42110-575 PD laptop Police Department 301.98 Total 104332:301.98 NIELSON, ERIC 01/11/2016 104407 123115 101-22205 Escrow refund 2013-00235 2,500.00 Total 104407:2,500.00 NIH HOMES 01/11/2016 104408 122215 101-22205 Escrow refund 2014-00199, replaces ck 103535 10,000.00 Total 104408:10,000.00 City of Orono Check Register - COUNCIL REPORT Page: 27 Check Issue Dates: 12/8/2015 - 1/11/2016 Jan 07, 2016 11:39AM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount NORLINGS 12/14/2015 104220 30938 234-45680-404 landscape maintenance Lurton Park 813.00 NORLINGS 12/14/2015 104220 30946 101-45200-404 City Hall landscape maintenance Parks 789.00 NORLINGS 12/14/2015 104220 30947 101-45200-404 Crystal Bay park landscape maintenance Parks 258.00 NORLINGS 12/14/2015 104220 30948 101-45200-404 Navarre Park landscape maintenance Parks 368.00 Total 104220:2,228.00 NORLINGS 12/30/2015 104333 30968 101-45200-319 tree install Lydiard Beach Parks 690.00 NORLINGS 12/30/2015 104333 30999 225-45200-530 Livingston Park improvements 37,678.45 Total 104333:38,368.45 NORTH MEMORIAL HEALTH CA 12/30/2015 104334 809 101-42110-437 EMR refresher Fischer, Boris Police Department 100.00 NORTH MEMORIAL HEALTH CA 12/30/2015 104334 817 101-42110-437 EMR refresher Sturm, Swanson, T. Wittke, Ellanson Police Department 200.00 Total 104334:300.00 NORTHLAND CHEMICAL CORP 12/30/2015 104335 913 101-42110-223 sani mat Police Department 157.80 Total 104335:157.80 NORTHLAND CHEMICAL CORP 01/11/2016 104409 5059950 101-42110-223 sani mat Police Department 157.80 Total 104409:157.80 O SULLIVANS HOLIDAY 546 12/30/2015 104336 113015 101-42110-402 car wash Police Department 33.00 Total 104336:33.00 O SULLIVANS HOLIDAY 547 12/30/2015 104337 113015 101-42110-402 car washes Police Department 55.92 Total 104337:55.92 OFFICE DEPOT 12/14/2015 104221 8079803490 101-42110-201 office supplies Police Department 51.17 OFFICE DEPOT 12/14/2015 104221 8089409300 101-42110-201 office supplies Police Department 147.31 OFFICE DEPOT 12/14/2015 104221 8089409740 101-42110-201 office supplies Police Department 8.45 Total 104221:206.93 OFFICE DEPOT 12/14/2015 104222 8078782030 101-41900-201 office supplies Central Services 98.34 City of Orono Check Register - COUNCIL REPORT Page: 28 Check Issue Dates: 12/8/2015 - 1/11/2016 Jan 07, 2016 11:39AM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount Total 104222:98.34 OFFICE DEPOT 12/30/2015 104338 8051777510 101-42110-201 office supplies Police Department 30.68 OFFICE DEPOT 12/30/2015 104338 8051779760 101-42110-201 office supplies Police Department 61.85 OFFICE DEPOT 12/30/2015 104338 8110725590 101-42110-201 office supplies Police Department 93.76 OFFICE DEPOT 12/30/2015 104338 8128145720 101-42110-201 office supplies Police Department 26.00 OFFICE DEPOT 12/30/2015 104338 8128148360 101-42110-201 office supplies Police Department 14.17 Total 104338:226.46 OFFICE DEPOT 12/30/2015 104339 8100406420 101-41900-201 office supplies Central Services 128.70 OFFICE DEPOT 12/30/2015 104339 8109177380 101-41900-221 Chairs (3)Central Services 842.89 OFFICE DEPOT 12/30/2015 104339 8109177720 101-41900-201 office supplies Central Services 451.95 OFFICE DEPOT 12/30/2015 104339 8116081130 101-41900-201 credit for return Central Services 399.50- OFFICE DEPOT 12/30/2015 104339 8116100900 101-41900-201 office supplies Central Services 384.50 OFFICE DEPOT 12/30/2015 104339 8116992190 101-41900-201 office supplies Central Services 11.43 OFFICE DEPOT 12/30/2015 104339 8116992410 101-41900-201 office supplies Central Services 32.85 OFFICE DEPOT 12/30/2015 104339 8116992430 101-41900-201 office supplies Central Services 61.94 OFFICE DEPOT 12/30/2015 104339 8129491190 101-41900-201 office supplies Central Services 187.00 Total 104339:1,701.76 OFFICE DEPOT 01/11/2016 104410 8147265700 101-42110-201 office supplies Police Department 155.75 Total 104410:155.75 OFFICE OF SECRETARY OF ST 12/30/2015 104340 DT2016 101-41300-433 Notary renewal D. Tiegs Administration 120.00 Total 104340:120.00 OKEY, DAPHNE 12/30/2015 104341 122815 614-49840-319 meeting video production 10/12/15 to 12/14/15 Cable Franchise 400.00 Total 104341:400.00 OPG-3 INC 12/14/2015 104223 1006 101-42110-416 imaging software annual support/licensing Police Department 1,488.50 OPG-3 INC 12/14/2015 104223 1006 101-41900-416 imaging software annual support/licensing Central Services 4,465.50 Total 104223:5,954.00 City of Orono Check Register - COUNCIL REPORT Page: 29 Check Issue Dates: 12/8/2015 - 1/11/2016 Jan 07, 2016 11:39AM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount OTTEN BROTHERS 12/14/2015 104224 2213283 651-49910-404 tree 2695 Kelley Ave Storm Water 390.00 Total 104224:390.00 PERRYS TRUCK REPAIR 12/30/2015 104342 16162 101-42110-311 Toyota Sienna Police Department 140.00 PERRYS TRUCK REPAIR 12/30/2015 104342 16323 101-42110-402 #227 tow Police Department 65.00 Total 104342:205.00 PINE CORNER PROPERTIES 12/14/2015 104225 120815 101-22205 Escrow refund 12-3587 7,500.00 Total 104225:7,500.00 PIRTEK 12/30/2015 104343 2203238.001 101-43000-221 hose for sweeper and pressure washer Public Works Department 267.14 Total 104343:267.14 PLUNKETT S 12/14/2015 104226 5253784 101-42110-404 pest contol Police Department 223.60 Total 104226:223.60 QUALITY FLOW SYSTEMS INC 12/14/2015 104227 31325 602-49450-406 repair parts Sewer 656.34 Total 104227:656.34 QUALITY FLOW SYSTEMS INC 12/30/2015 104344 31423 602-49450-406 LS 26 repair Sewer 508.00 Total 104344:508.00 QUALITY FLOW SYSTEMS INC 01/11/2016 104411 31454 602-49450-406 LS 5 repair Sewer 4,070.00 QUALITY FLOW SYSTEMS INC 01/11/2016 104411 31459 602-49450-406 LS 21 repair Sewer 390.00 Total 104411:4,460.00 RANDY OBRIEN 01/11/2016 104412 10616 101-43000-441 Class A license renewal Public Works Department 18.50 Total 104412:18.50 RDO EQUIPMENT 12/30/2015 104345 34468 101-43000-403 backhoe repair Public Works Department 527.94 City of Orono Check Register - COUNCIL REPORT Page: 30 Check Issue Dates: 12/8/2015 - 1/11/2016 Jan 07, 2016 11:39AM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount Total 104345:527.94 RHAME, ANDREA 12/14/2015 104228 121015 101-22205 Escrow refund 2015-01467 700.00 Total 104228:700.00 RTL CONSTRUCTION INC 12/14/2015 104229 14 437-48970-520 Police garage project RFP #14 5,944.45 Total 104229:5,944.45 SCHWAAB INC 12/30/2015 104346 8694 101-41900-201 stamp pads Central Services 27.62 Total 104346:27.62 SCOTT BORIS 12/14/2015 104230 111915 101-42110-311 reimb for court records Police Department 16.75 SCOTT BORIS 12/14/2015 104230 111915 101-42110-437 reimb lunch (2 officers)Police Department 19.31 Total 104230:36.06 SCOTT BORIS 12/30/2015 104347 120815 101-42110-437 meal reimb training Police Department 9.30 SCOTT BORIS 12/30/2015 104347 70315 101-42110-226 clothing reimb Police Department 64.97 Total 104347:74.27 SCOTT OBERAIGNER 12/30/2015 104348 122115 101-43000-226 reimb for boots Public Works Department 175.00 Total 104348:175.00 SELECT ACCOUNT 12/14/2015 104231 111315 101-41900-319 participant fee Central Services 94.50 Total 104231:94.50 SELECT ACCOUNT 12/14/2015 104232 120115 101-21719 12/01/15 FLEX 505.14 Total 104232:505.14 SELECT ACCOUNT 12/30/2015 104349 121515 101-21719 FLEX 24.86 City of Orono Check Register - COUNCIL REPORT Page: 31 Check Issue Dates: 12/8/2015 - 1/11/2016 Jan 07, 2016 11:39AM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount Total 104349:24.86 SELECT ACCOUNT 12/30/2015 104350 122915 101-21719 FLEX 1,208.18 Total 104350:1,208.18 SELECT ACCOUNT 12/30/2015 104351 122215 101-21719 FLEX 1,821.82 Total 104351:1,821.82 SELECT ACCOUNT 12/30/2015 104352 1131344 101-41900-319 participant fee Central Services 94.50 Total 104352:94.50 SELECT ACCOUNT 01/11/2016 104413 10516 101-21719 FLEX 2.50 Total 104413:2.50 SELECT ACCOUNT 01/11/2016 104414 10816 101-21720 HRA contribution-1st half 8,125.00 Total 104414:8,125.00 SKD ARCHITECTS INC 12/30/2015 104353 1225.10-120 101-20600 PD building remodel 12,615.00 Total 104353:12,615.00 STA SAFE LOCKSMITH 12/14/2015 104233 20225 601-49400-404 water plant garage door locks Water 462.00 Total 104233:462.00 STAR TRIBUNE 12/30/2015 104354 1069427-16 101-42110-201 2016 subscription acct 1069427 Police Department 299.00 Total 104354:299.00 STERLING ELECTRIC CORP 01/11/2016 104415 16 437-48970-520 Police garage project RFP #16 17,629.20 Total 104415:17,629.20 SUN LIFE FINANCIAL 12/14/2015 104234 120815 101-21713 LTD Dec 1,133.86 City of Orono Check Register - COUNCIL REPORT Page: 32 Check Issue Dates: 12/8/2015 - 1/11/2016 Jan 07, 2016 11:39AM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount SUN LIFE FINANCIAL 12/14/2015 104234 120815 101-21710 Life Insurance Dec 1,155.55 SUN LIFE FINANCIAL 12/14/2015 104234 120815 101-15998 Cobra Life Insurance Dec .50 Total 104234:2,289.91 SUN LIFE FINANCIAL 01/11/2016 104416 012016 101-21710 Life Insurance Jan 1,155.05 SUN LIFE FINANCIAL 01/11/2016 104416 012016 101-15998 Cobra Life Insurance Jan .50 SUN LIFE FINANCIAL 01/11/2016 104416 012016 101-21714 STD Jan 407.25 SUN LIFE FINANCIAL 01/11/2016 104416 012016 101-21713 LTD Jan 1,197.28 Total 104416:2,760.08 SUNDBERG, RICHARD 12/14/2015 104235 120715 101-22205 Escrow refund 2013-01266 10,000.00 Total 104235:10,000.00 SUPERIOR PAINTING & DECOR 12/14/2015 104236 15 437-48970-520 Police Garage project RFP #15 1,777.50 Total 104236:1,777.50 T W TUPY INC 12/14/2015 104237 113015 651-49910-227 Class 5 and rip rap Storm Water 2,402.65 Total 104237:2,402.65 TASER INTERNATIONAL 01/11/2016 104417 1422816 101-42110-240 battery packs Police Department 470.86 TASER INTERNATIONAL 01/11/2016 104417 423244 101-42110-240 cartridges Police Department 500.00 Total 104417:970.86 TASER TRAINING ACADEMY 12/14/2015 104238 37293 101-42110-437 recertification M Siltala Police Department 200.00 Total 104238:200.00 THE SIGN AGE INC 12/30/2015 104355 31215 101-42110-352 business cards Police Department 120.00 Total 104355:120.00 TIM AMUNDSEN 01/11/2016 104418 123115 101-43000-226 reimb boots Public Works Department 152.99 City of Orono Check Register - COUNCIL REPORT Page: 33 Check Issue Dates: 12/8/2015 - 1/11/2016 Jan 07, 2016 11:39AM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount Total 104418:152.99 TOLL GAS & WELDING SUPPLY 12/14/2015 104239 10109826 601-49400-227 welding supplies Water 175.00 TOLL GAS & WELDING SUPPLY 12/14/2015 104239 40037905 101-43000-415 welding supplies Public Works Department 5.76 Total 104239:180.76 TOLL GAS & WELDING SUPPLY 01/11/2016 104419 10114088 101-43000-224 welding supplies Public Works Department 106.01 Total 104419:106.01 TONKAWA INC 12/14/2015 104240 120715 101-22205 Escrow refund 2014-01285 5,000.00 Total 104240:5,000.00 TONY WITTKE 12/14/2015 104241 120415 101-42110-437 training lunch (2)Police Department 18.88 Total 104241:18.88 TONY WITTKE 12/30/2015 104356 120915 101-42110-437 meal reimb (4 officers)Police Department 68.94 Total 104356:68.94 TORGERSON, KEVIN 01/11/2016 104420 122315 101-22205 Escrow refund 2014-01108 10,000.00 Total 104420:10,000.00 TOXALERT 12/14/2015 104242 17915 101-41900-403 2016 service contract Central Services 136.00 Total 104242:136.00 TREECARE 12/30/2015 104357 121115 101-43000-408 tree removal Northshore Public Works Department 280.00 Total 104357:280.00 TRI CITY LAB 12/14/2015 104243 113015 601-49400-489 water testing Water 31.50 Total 104243:31.50 City of Orono Check Register - COUNCIL REPORT Page: 34 Check Issue Dates: 12/8/2015 - 1/11/2016 Jan 07, 2016 11:39AM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount TRI CITY LAB 01/11/2016 104421 123115 601-49400-489 water testing Water 31.50 Total 104421:31.50 TRI COUNTY LAW ENFORCEME 12/30/2015 104358 113015 101-42110-433 2015 dues Police Department 75.00 Total 104358:75.00 UNITED STATES POSTAL SERV 12/14/2015 104244 66-2016 101-41900-322 po Box 66 Central Services 90.00 Total 104244:90.00 UNITED STATES POSTAL SERV 12/14/2015 104245 112015 101-41900-322 1st Class Pre Sort permit Central Services 225.00 Total 104245:225.00 UNITED STATES POSTAL SERV 12/30/2015 104359 122815 101-41900-322 postage for meter Central Services 8,000.00 Total 104359:8,000.00 UNITED STATES POSTAL SERV 01/07/2016 104369 010716 601-49400-322 4th Qtr Utility Bills Water 67.67 UNITED STATES POSTAL SERV 01/07/2016 104369 010716 602-49450-322 4th Qtr Utility Bills Sewer 372.16 UNITED STATES POSTAL SERV 01/07/2016 104369 010716 651-49910-322 4th Qtr Utility Bills Storm Water 372.17 Total 104369:812.00 UNIVERSITY OF MINNESOTA-C 12/14/2015 104246 120815 101-42400-437 training R. Peitso Building & Zoning 420.00 Total 104246:420.00 VANGUARD CLEANING SYSTE 12/14/2015 104247 42089 101-41900-407 Janitorial service Central Services 1,435.50 VANGUARD CLEANING SYSTE 12/14/2015 104247 42089 101-42110-407 Janitorial service Police Department 1,039.50 Total 104247:2,475.00 VANGUARD CLEANING SYSTE 01/11/2016 104422 42682 101-41900-407 Janitorial service Central Services 1,435.50 VANGUARD CLEANING SYSTE 01/11/2016 104422 42682 101-42110-407 Janitorial service Police Department 1,039.50 Total 104422:2,475.00 City of Orono Check Register - COUNCIL REPORT Page: 35 Check Issue Dates: 12/8/2015 - 1/11/2016 Jan 07, 2016 11:39AM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount VARNER MOBILE SERVICES LL 12/14/2015 104248 4482 101-43000-402 #427 brake and king pins Public Works Department 4,234.83 Total 104248:4,234.83 VARNER MOBILE SERVICES LL 12/30/2015 104360 4500 101-43000-402 #425 repairs Public Works Department 343.24 Total 104360:343.24 VERIZON WIRELESS 12/14/2015 104249 9755113606 101-42110-321 11/07 to 12/06 Police Department 1,364.33 VERIZON WIRELESS 12/14/2015 104249 9755113606 101-41900-321 11/07 to 12/06 Central Services 111.72 VERIZON WIRELESS 12/14/2015 104249 9755113606 101-45210-321 11/07 to 12/06 Golf Course 37.35 VERIZON WIRELESS 12/14/2015 104249 9755113606 601-49400-321 11/07 to 12/06 Water 23.22 VERIZON WIRELESS 12/14/2015 104249 9755113606 602-49450-321 11/07 to 12/06 Sewer 23.22 Total 104249:1,559.84 VERIZON WIRELESS 12/30/2015 104361 9756751720 101-42110-321 12/07 to 01/06 Police Department 1,407.52 VERIZON WIRELESS 12/30/2015 104361 9756751720 101-41900-321 12/07 to 01/06 Central Services 113.16 VERIZON WIRELESS 12/30/2015 104361 9756751720 101-45210-321 12/07 to 01/06 Golf Course 35.93 VERIZON WIRELESS 12/30/2015 104361 9756751720 601-49400-321 12/07 to 01/06 Water 11.22 VERIZON WIRELESS 12/30/2015 104361 9756751720 602-49450-321 12/07 to 01/06 Sewer 11.22 Total 104361:1,579.05 VINTAGE WASTE SYSTEMS IN 12/14/2015 104250 112015 101-41900-404 Nov service Central Services 195.00 Total 104250:195.00 VINTAGE WASTE SYSTEMS IN 12/30/2015 104362 122115 101-41900-404 Dec service Central Services 195.00 Total 104362:195.00 VOLLER, TESS 01/11/2016 104423 010316 101-42110-319 Compliance check Police Department 60.00 Total 104423:60.00 WASTE MANAGEMENT RECYC 12/14/2015 104251 15816-2808-603-49500-316 Recycling Dec 8,723.20 Total 104251:8,723.20 City of Orono Check Register - COUNCIL REPORT Page: 36 Check Issue Dates: 12/8/2015 - 1/11/2016 Jan 07, 2016 11:39AM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount WeCAN 12/15/2015 104260 121415 101-19999 pass thru donation-Community Garden 5,000.00 Total 104260:5,000.00 WEILANDS ALL SEASONS CLINI 12/14/2015 104252 23140 101-41900-403 City Hall furnace repair Central Services 569.50 Total 104252:569.50 WESTSIDE WHOLESALE TIRE 12/14/2015 104253 757758 101-43000-221 tires skid loader Public Works Department 13.70 Total 104253:13.70 WILDTHREADS 12/30/2015 104363 23413 101-42110-226 Explorer shirts Police Department 62.07 Total 104363:62.07 WILLIAMS TOWING 12/14/2015 104254 137560 101-42110-402 tow squad 229 Police Department 157.25 WILLIAMS TOWING 12/14/2015 104254 137702 101-42110-402 tow squad 227 Police Department 119.00 WILLIAMS TOWING 12/14/2015 104254 6516479 101-42110-402 tow squad 227 Police Department 97.25 Total 104254:373.50 WINDSTREAM 12/14/2015 104255 58948690 601-49400-321 water plant phone Water 54.80 Total 104255:54.80 WINDSTREAM 12/30/2015 104364 59027980 601-49400-321 water plant phone Water 54.80 Total 104364:54.80 WINKLER, SHAUN 12/14/2015 104256 112415 101-32590 permit refund 2015-01309 50.00 Total 104256:50.00 WRIGHT HENNEPIN ELECTRIC 12/30/2015 104365 120915 101-43000-381 11/01 to 12/01 Public Works Department 99.06 WRIGHT HENNEPIN ELECTRIC 12/30/2015 104365 120915 602-49450-381 11/01 to 12/01 Sewer 36.64 Total 104365:135.70 XCEL ENERGY 12/14/2015 104257 481134893 101-41900-381 10/21 to 11/19 Central Services 1,885.04 City of Orono Check Register - COUNCIL REPORT Page: 37 Check Issue Dates: 12/8/2015 - 1/11/2016 Jan 07, 2016 11:39AM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount XCEL ENERGY 12/14/2015 104257 481134893 101-42110-381 10/21 to 11/19 Police Department 1,135.42 XCEL ENERGY 12/14/2015 104257 481134893 101-42110-381 10/21 to 11/19 Police Department 32.50 XCEL ENERGY 12/14/2015 104257 481134893 101-43000-381 10/21 to 11/19 Public Works Department 146.27 XCEL ENERGY 12/14/2015 104257 481134893 101-43000-386 10/21 to 11/19 Public Works Department 2,049.90 XCEL ENERGY 12/14/2015 104257 481134893 101-45200-381 10/21 to 11/19 Parks 33.50 XCEL ENERGY 12/14/2015 104257 481134893 601-49400-381 10/21 to 11/19 Water 3,472.80 XCEL ENERGY 12/14/2015 104257 481134893 602-49450-381 10/21 to 11/19 Sewer 2,433.00 XCEL ENERGY 12/14/2015 104257 481134893 101-45210-381 10/21 to 11/19 Golf Course 284.36 Total 104257:11,472.79 ZAHL EQUIPMENT 12/14/2015 104258 213107 101-43000-221 oil gun Public Works Department 591.95 Total 104258:591.95 Grand Totals: 1,124,996.31 REQUEST FOR COUNCIL ACTION DATE: January 11, 2016 ITEM NO: 19 Department Approval: Administrator Reviewed: Agenda Section: Name Soren Mattick JML Attorney’s Report Title City Attorney Item Description: Code Enforcement Summary On December 14, the Council agreed to a vote on pursing code enforcement action toward the property owners at 1386 Rest Point Road. The complaints received to date include: one or more wind energy conversion systems installed unlawfully, lawn drying equipment installed unlawfully, the operation of a home occupation without a license, and a shed installed within the required setbacks. The City Council had also asked that staff prepare a brief report and presentation regarding code enforcement. Presently, the City’s code enforcement program is administered by Jeremy Barnhart and Roger Peitso as a component of their day to day duties. The City does not actively police the City regarding code compliance and relies upon written complaints from citizens before initiating an investigation. Generally speaking, Jeremy will respond to complaints regarding the zoning ordinance and Roger will respond to complaints regarding the building code. Upon receiving a complaint, staff’s approach has been to 1) acknowledge receipt of the complaint; 2) inspect the site; 3) determine if a violation exists; 4) contact the property owner and make them aware of the violation; 5) work with the property owner to obtain voluntary compliance; 6) bring an enforcement action if voluntary compliance fails. Staff investigates all complaints regardless of the perceived egregiousness of the violation. When determining the appropriate course of action, staff must balance priorities, and code enforcement falls behind building permits, inspections, land use applications, general research, and daily citizen inquiries. Staff is currently working on 20 open cases which involve varying levels of violations, including hazardous buildings, drainage and grading issues, weeds, and parking of vehicles. Currently, only a hazardous building has been turned over to the City attorney. There aren’t any active criminal prosecution or civil enforcement actions at this point. Staff’s goal is compliance, and will work with property owners so long as they work with staff, giving them as much time as is reasonable to complete the necessary work. The trade-off for this is enforcement takes longer, requiring more staff time. Action Requested: 1. Staff is seeking direction on how the Council wants staff to pursue code enforcement and whether any changes need to be made in the current practice. 2) Staff is requesting the Council discuss and vote on the next steps regarding 1386 Rest Point Road.