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HomeMy WebLinkAbout02-22-2016 Council PacketAgenda for Council Meeting Set for Monday, February 22, 2016, 7:00 P.M. Orono Council Chambers, 2780 Kelley Parkway, Orono, MN 55356 952-249-4600 / www.ci.orono.mn.us Sign up for email notifications at www.ci.orono.mn.us – follow links for Stay Connected & Email Notification Roll Call Pledge of Allegiance Approval of Agenda 1. Consent Agenda – Consent agenda items, including (*) asterisk items, are considered to be routine items to be enacted upon by one motion by the City Council under this section of the agenda. Items on the Consent Agenda are reviewed in total by the City Council and may be approved through one motion with no further discussion by the Council. Any item may be removed by any Council Member, staff member or person from the public for separate consideration. If you wish to remove any item from the Consent Agenda, please state the item number and description of the item. Memos regarding each of the Agenda items are available in the Public Packet located in the lobby near the sign in sheet. Approval of Minutes 2. Council Meeting of February 8, 2016 * Public Comments – (Limit 5 Minutes per Person) This is an opportunity for the public to address matters not on the agenda. The council will not engage in discussion or take action on items presented at this time. However, the council may refer issues to staff for follow up or consideration at a future meeting. Speakers should state their name and home address at the podium before speaking. Public Works Director/City Engineer’s Report 3. Support for Orono Baseball Association Grant requests Dakota Trail Extension with Three Rivers Park District 4. Support for Three Rivers Park District Grant Requests 5. Seasonal Load Restrictions 6. Northern Utilities Buildout Engineering 7. Watertown Road Phase 2 8. Re-roofing of Salt Shed Roof (2700 Kelley Parkway) and Navarre Water Treatment Plant Garage Roof (2345 Blaine Ave.) 9. Approve Rehabilitation of Lift Station 24 (3982 Dahl Rd) and Grinder Station 6 (1446 Shoreline Dr) Public Safety Report 10. Ordinance Amendment – Big Island Nature Park Planning Department Report – Planning Commission Representative – Christopher McGrann 11. TCO Design, 2380 Shadywood Road – Rezoning and Conditional Use Permit 12. 16-3800, Whitney & Betty MacMillan and Conley & Carol Brooks 1560 & 1640 Fox Street Easement Vacation & Rededication Mayor/Council Report City Administrator's Report 13. Establish New Polling Place Location for Precinct 2 14. Teen Homelessness 15. Paperless Meetings and Equipment Reimbursement 16. Claims/Bills * City Attorney's Report Agenda for Council Meeting Set for Monday, February 22, 2016, 7:00 P.M. Orono Council Chambers, 2780 Kelley Parkway, Orono, MN 55356 952-249-4600 / www.ci.orono.mn.us Sign up for email notifications at www.ci.orono.mn.us – follow links for Stay Connected & Email Notification Adjournment Upcoming Events 2016 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, 6:30 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. 04-04-16 – Park Commission Work Session, Monday 1:00 p.m. 04-11-16 – Council Meeting, Monday, 7:00 p.m. 04-18-16 – Planning Commission Meeting, Monday, 6:30 p.m. (Lizz Levang Liaison) 04-25-16 – Council Work Session, Monday, 5:00 p.m. 04-25-16 – Council Meeting, Monday, 7:00 p.m. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, February 8, 2016 7:00 o’clock p.m. _____________________________________________________________________________________ Page 1 of 32 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, Community Development Director Jeremy Barnhart, Senior Planner Michael Gaffron, City Planner Melanie Curtis, Public Works Director/City Engineer Adam Edwards, and City Attorney Soren Mattick. Mayor McMillan called the meeting to order at 7:00 p.m., followed by the Pledge of Allegiance. APPROVAL OF AGENDA Item Nos. 8, 9, 13, 14, and 15 were added to the Consent Agenda. Item No. 3 was removed from the Consent Agenda. Levang moved, Printup seconded, to approve the Consent Agenda as amended. VOTE: Ayes 5, Nays 0. APPROVAL OF MINUTES *2. CITY COUNCIL WORK SESSION OF JANUARY 25, 2016 Levang moved, Printup seconded, to approve the minutes of the Orono City Council meeting of January 25, 2016, as submitted. VOTE: Ayes 5, Nays 0. 3. REGULAR CITY CONCIL MEETING OF JANUARY 25, 2016 McMillan requested the minutes be corrected on Page 4 under Public Works Director Report to read that a big pine was removed at the golf course and that Page 8 under General Fund Budget Report the amount of building permits be corrected to read $146,173 rather than $46,173. Printup moved, Levang seconded, to approve the minutes of the Orono City Council meeting of January 25, 2016, as submitted. VOTE: Ayes 5, Nays 0. PRESENTATION 4. MINNEHAHA CREEK – PAINTERS CREEK CULVERT REPLACEMENT AND SOUTH KATRINA MARSH RESTORATION PROJECT Tiffany Schaufler, MCWD Project and Land Program Manager, stated she would like to update the City Council on two projects the Minnehaha Creek Water District is contemplating for 2016 in this area. Due to record rainfall, some flooding was experienced along Hunt Farm Road, which was caused by the South Katrina Marsh located just west of the road. The high water in the marsh also caused flooding along Starkey Road, a city-maintained roadway within the Baker Park Reserve. Schaufler noted June of 2014 was the second wettest on record, with the Orono area receiving 25 inches of rainfall total in 2014. Schaufler displayed pictures of the South Katrina Marsh and the flooding that occurred. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, February 8, 2016 7:00 o’clock p.m. _____________________________________________________________________________________ Page 2 of 32 4. MINNEHAHA CREEK – PAINTERS CREEK CULVERT REPLACEMENT AND SOUTH KATRINA MARSH RESTORATION PROJECT (continued) Schaufler noted Painter Creek drains out of the South Katrina Marsh. The MCWD was contacted in June of 2014 by the Hunt Farm homeowners association as well as the City of Medina regarding road flooding that was occurring on Starkey Road. At that time MCWD staff worked with former Orono City Engineer Jesse Struve during June of 2014 on some of these flooding issues to see if that could be alleviated. Repairs were unable to be made at that time due to the high water levels. The Hunt Farm homeowners Association requested that the MCWD investigate what was causing the flooding, which was likely caused by two undersized driveway culverts. Schaufler noted the two culverts are located in the Painter Creek development and that the MCWD was unable to locate any records authorizing the installation of the culverts. In 1985, the MCWD installed a stormwater pond in the area upstream from the culverts. Following investigation of the culverts, it was determined that the two driveway culverts were significantly undersized. They are currently 18 inches in size and they should be 36 inches in size. At this point the District identified two options. Because Painter Creek is technically a public ditch, the District has the right to require the landowners to replace the culverts at their cost. Schaufler stated the MCWD did not feel that option would be well received and elected instead to partner with the two homeowners and the Army Corps of Engineers to perform the necessary restoration work. In exchange for the restoration work, the MCWD would gain conservation rights over approximately 97 acres of land and would the work would then qualify for federal money. The landowners were supportive of this approach. Schaufler stated the Army Corps of Engineers had studied this area back in 2010, and this past July the MCWD issued a letter to the Army Corps of Engineers stating their desire to restore the wetland. The next step in the process is to enter into a partnership with the Army Corps of Engineers and be placed into their funding system. The project is anticipated to cost $1.27 million, with the MWCD being responsible for acquiring the necessary land rights. Schaufler stated the yellow on the map depicts the proposed route of the work. The orange area is considered a deep marsh area, which would be six inches to three feet deep. The green area is considered a shallow marsh, which would be up to six inches. Schaufler noted a large number of residents in the area are supportive of the project and are willing to provide easements for the work. Walsh asked whether they have collected enough easements to move forward with the work. Schaufler stated the MCWD took action at their last meeting to move forward with the project given the amount of conservation land that will be received. The next step by the MCWD will be to obtain executed agreements with the landowners. Council Member Walsh asked what would happen if a landowner does not want to provide an easement. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, February 8, 2016 7:00 o’clock p.m. _____________________________________________________________________________________ Page 3 of 32 4. MINNEHAHA CREEK – PAINTERS CREEK CULVERT REPLACEMENT AND SOUTH KATRINA MARSH RESTORATION PROJECT (continued) Schaufler stated the landowners to the north of the project have indicated support for the project and that the MCWD is looking at whether a letter of intent or an easement is necessary. Schaufler noted the big square in the middle of the map depicts a property owner who is undecided at this time since that property may be sold in the next couple of years. Schaufler stated they will continue to work with the landowners and that in the meantime the Army Corps of Engineers will continue with their work, which is expected to take a couple of years. Senior Planner Gaffron stated in the Council’s packet is a proposed letter of support for the project. The letter was requested by the Watershed District and basically says the City conceptually supports the project. The second item in the packet is a sample easement agreement between the Watershed District and the property owners. Gaffron noted certain properties would also be subject to City wetland flowage and conservation easements that were granted to the City in the past as this area was developed. The MCWD would be looking for the City to subordinate or allow the areas where there is a city easement to be revised and approved per the proposed plan. Gaffron noted the City’s wetland flowage and conservation easement technically prohibits any work within the wetland, which will need to be amended to allow the MCWD to go ahead with this project. Council Member Levang stated one of the issues that was brought to her by one of the landowners in this area is the fact that the easement would be permanent rather than temporary. Schaufler stated as with any project that the MCWD implements, they want to be able to protect that investment. If a partnership with the Army Corps of Engineers is entered into, they would require that there be protection up to a 100-year flood event. Schaufler stated generally the MCWD requires a perpetual easement to manage the vegetation and the public investment in the project indefinitely into the future. Schaufler stated they MCWD can look at a temporary easement but that the MCWD typically requires a permanent easement. McMillan asked if the type of land being impacted by this project would be mainly wetland. Schaufler indicated the majority of it is wetland and is unusable. McMillan asked if the MCWD has the actual access easements worked out over the dry land areas. Schaufler stated they do and that they are also working with the homeowners association to use their road for access. McMillan asked whether someone would be able to receive a tax deduction if they provide a permanent easement. Gaffron stated he does not know the answer to that at this time. Walsh noted generally a person will receive money for the easement. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, February 8, 2016 7:00 o’clock p.m. _____________________________________________________________________________________ Page 4 of 32 4. MINNEHAHA CREEK – PAINTERS CREEK CULVERT REPLACEMENT AND SOUTH KATRINA MARSH RESTORATION PROJECT (continued) City Attorney Mattick noted Staff did look at how these easements would sync with the City’s easements and that Staff did not have a problem with them. McMillan stated in her view it would be a win/win situation since the landowner would get their wetland restored and would help to improve the benefits received by the wildlife in the area. Walsh stated it is likely the work will also increase the value of the property. Schaufler stated the culverts will likely be replaced in May or June of this year. Council Member Printup asked if there are any residents who are adamantly opposed to the project. Schaufler stated once the project is explained to them, they generally are fine with it. McMillan asked if any residents are present tonight and would like to comment on this project. There were no public comments. Printup moved, Levang seconded, to approve the Letter of Support from the City of Orono to the Minnehaha Creek Watershed District. VOTE: Ayes 5, Nays 0. Walsh moved, Printup seconded, to authorize execution of the easement documents allowing the Minnehaha Creek Watershed District to perform wetland restoration activities within areas covered by existing City wetland easements. VOTE: Ayes 5, Nays 0. PUBLIC COMMENTS Michael Kurtz, Grandview Middle School, Mound, stated on April 9, 2016, he and Carson Merritt will be competing in the community problem solving competition at the Future Problem Solvers Program. The objective is to identify a real problem in the community in which they live and then implement real solutions to help it. The Future Problem Solvers International uses a six-step problem solving model that is aligned with national curriculum standards, Common Core Standards, and the National Association for Gifted Children standards. The competition will be held in Lino Lakes, Minnesota. Kurtz stated the problem they have chosen is teen homelessness. The Minnesota Humphrey Institute has estimated there are over 4,000 homeless youth in the state. Kurtz stated in an effort to help them understand this problem, they have spoken with interested homeless teens, visited a homeless shelter, and spoke with homeless advocates. A survey was also conducted of the Grandview Middle School students, which showed that most of the students know very little about teenage homelessness but that some of the students did know of someone who was homeless in the area. Kurt noted homeless teenagers have higher rates of depression, drug addiction, and school dropouts. Beginning next week, as part of the program to raise awareness of teen homeless, Kurtz indicated they will be sleeping in a car located in the parking lot of the Grandview Middle School for a week and that they hope this will give them a greater understanding of the challenges facing homeless teenagers. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, February 8, 2016 7:00 o’clock p.m. _____________________________________________________________________________________ Page 5 of 32 PUBLIC COMMENTS (continued) Kurtz indicated they hope to also raise money for the Homeless Hands Operation, which operates a homeless shelter in Chanhassen. Kurtz stated they would like the City Council to pass a resolution declaring April as teenage homeless awareness month in Orono. Kurtz stated they hope the proclamation will help give hope and encouragement to the homeless teens in the school district. The proclamation will be used during the competition. McMillan stated she looks working to hearing more about this issue in the future. Levang asked if he has a resolution already prepared. Kurtz requested the City prepare one. McMillan recommended he pass any information he would like included in the resolution to the City Administrator. T.J. Bonnett, 40 Smith Avenue, noted he used to reside at 60 Smith Avenue. Bonnett stated three variances to remodel 60 Smith Avenue were granted to add a second story bedroom and attach a garage. Bonnett indicated a good portion of the house has now been removed. Bonnett asked when a remodel becomes a teardown and why variances are granted to complete a home remodel in which the home no longer exists. Bonnett noted the neighbors expressed minor concerns in prior meetings that were dismissed and that unfortunately the fears of both neighbors are coming to fruition with this extremely misguided project. Bonnett stated the concerns the neighbors raised at the onset of construction were handled by the mayor and City Staff attentively but ineffectively. Bonnett stated it seems as though this project is being a little bit manipulated by the builder and owner, who are making a mockery of the City of Orono’s permitting system. Bonnett stated during the variance process, the concerns of both neighbors who are directly impacted were ignored and there was a mutual understanding that this would not be a full teardown but a remodel, to use the owner’s and engineer’s words on their application. Bonnet stated the Mayor, the Blackwalls, and himself were all surprised to see that the house was gone last week since there was no indication in any of the plans that it would be a full teardown and a rebuild. Bonnett stated had they known that, they would have engaged in the variance process more vigorously but that they did attend the two meetings to look into the variance issues further. Bonnett stated being a former resident of this home and currently living in a home at the same time that was constructed by the same builder, he knows through inspections that this house had a sound foundation. Bonnett stated in his view the City is being manipulated and that it is the Council’s job as the governing body for this type of construction to regulate what is going on and to make sure that the laws are being enforced and that the decisions that are made are followed through with. Bonnett stated so far the builder and owner have an apparent disrespect for these laws, the Council, and the people who live nearby and that it seems as though they are acting first and asking permission second after the neighbors have complained. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, February 8, 2016 7:00 o’clock p.m. _____________________________________________________________________________________ Page 6 of 32 PUBLIC COMMENTS (continued) Bonnett noted building ordinances and laws are in place to prevent these types of misdeeds but they are happening nonetheless. Bonnett stated this is a full teardown and the neighbors would like to make sure that proper City Codes and setbacks are enforced. Bonnett stated he is not sure whether Staff knew this was going to be a full teardown but that at least 40 to 50 percent of the foundation walls were removed. Bonnett stated Staff recommended to the City Council that the variances be approved since this was to be a remodel. Bonnett stated he knows the City dispatched an inspector the second the house was torn down, which leads him to believe that the Council was not aware of what they were approving. Since that time, more of the house has been removed and the builder is taking out walls and saying to the inspectors as they show up that they were not adequate before the inspector has had a chance to look at them. Bonnett stated the neighbors had a problem with the variances in the first place and now a majority of the house has been removed. Bonnett asked what they can do. PUBLIC WORKS DIRECTOR/CITY ENGINEER’S REPORT 5. NAVARRE LIGHT POLE DECORATIONS Public Works Director/City Engineer Edwards stated the purpose of this item is to solicit Council direction on the type and quantity for the decorations to be attached to the light poles in Navarre. In 2014, the light poles were replaced in the Navarre commercial district along County Roads 15 and 19. Last year the Council approved some banners that were up last summer and fall and then ten lights for the poles. At that time the Council decided to purchase only ten lights and see how they are. Edwards stated he is now looking for Council direction on whether holiday light decorations should be purchased for the light poles and the quantity. Edwards stated he also heard a couple of people ask about American flags and that he would like to see whether there is any desire to go forward with the flag poles. Edwards stated now is a good time to purchase the holiday decorations since most of the manufacturers have sales through the end of the month. If the Council is interested in purchasing the same snowflake decorations, the cost would be $410 apiece, which is lower than the original price. The other option would be to purchase different but similar decorations and alternate them every other pole. The cost for that would be $350. The cost of the American flags would be $70 apiece. Levang stated she would like the City to purchase more snowflakes and that she is in favor of the American flags. Levang asked whether the remaining light poles can accommodate the snowflake decoration. Edwards noted the City installed 33 light poles and that 32 of those would be able to accommodate the snowflake decoration. Edwards stated the Council has the option to do all 32 light poles or another ten. Walsh commented it is a good idea along County Road 15 and will help create a more vibrant downtown area. Walsh stated he would also like to add the flags. Printup indicated he is in agreement. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, February 8, 2016 7:00 o’clock p.m. _____________________________________________________________________________________ Page 7 of 32 5. NAVARRE LIGHT POLE DECORATIONS (continued) Levang stated she would be in agreement with flags on all the poles but that the holiday decorations could be limited to the business district. McMillan stated some snowflake decorations on County Road 19 would also help light up that area as well. McMillan stated in her view an additional ten decorations would be okay, with six of them being placed along County Road 19. McMillan indicated she also is okay with the flags. Edwards noted the holiday decorations would be up in December and January, the banners would be up from March through May, the flags from Memorial Day through approximately July 4th, and then the banner would be put up again from July through December. Levang moved, Printup seconded, to approve the purchase of 10 additional snowflake decorations from the same manufacturer and in the same style as those previously purchased, and to approve the purchase of American flags for all the flagpoles, with the funds coming out of the Community Investment Fund. Council Member Cornick asked whether it would be wiser to get 22 snowflake decorations rather than 10 given the price break the City would receive. Levang stated in her view the decorations would make the most impact in the business district. Edwards noted after March 1st the price would increase. Walsh and Printup indicated they would be in favor of purchasing 22 additional decorations. Levang moved, Printup seconded, to amend the motion to approve the purchase of 22 additional snowflake decorations from the same manufacturer and in the same style as those previously purchased, and to approve the purchase of American flags for all the flagpoles, with the funds coming out of the Community Investment Fund. VOTE: Ayes 5, Nays 0. Edwards reported the Public Works Department has been focused on snow removal and equipment maintenance over the past several weeks. In addition, a meeting was held with North Shore Marina regarding Lift Station No. 2 generator, which is located at the end of Spates Avenue. A proposed easement document will be drafted for the homeowner’s signature. The Metropolitan Council has also started lining pipe along County Road 15. The Public Works Department has been working closely with them to ensure the work goes smoothly. The Park Commission met in a work session last week and in the coming months they will be focusing on the reconfiguration of Lurton Park to an off-leash dog park. The maintenance agreement for that park is currently being reviewed by the Lurton Park to see whether it needs to be amended. The Park Commission is also looking at the Saga Hills Preserve and coming up with a plan to tackle some of the invasive species. The County’s arborist has been out to the site and will be developing a work plan. Edwards noted he will be bringing some proposals before the Council in the next month for some 2016 projects. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, February 8, 2016 7:00 o’clock p.m. _____________________________________________________________________________________ Page 8 of 32 PUBLIC WORKS DIRECTOR/CITY ENGINEER’S REPORT (continued) McMillan noted Hunter Road broke apart about recently and that one of the residents sent her an e-mail about the condition of the road. McMillan stated she would like to get some idea of the costs and timeline in the event that road continues to deteriorate in the coming months. McMillan stated if the City is not going to discuss that project until April and the work will not be able to be completed until the fall, she has some concerns with the road becoming too deteriorated. Edwards stated he plans to discuss that project during the April work session along with some other mill and overlay projects. Edwards noted Hunter Road is only 1,200 feet in length and could be a mill and overlay, which would require less engineering work. Edwards stated if the project is approved in April, it would only be a matter of a few weeks before the work could be completed. McMillan requested Edwards take a look at the road and apprise the City Council on its condition. McMillan indicated she has a concern for the safety of the motorists if the road continues to deteriorate. Edwards stated the Public Works Department will be using cold patch material to fix potholes in the coming months and that they could perform some small patch jobs if necessary. Edwards noted they would not be able to do a large patch job until the asphalt companies reopen in the spring. City Administrator Loftus noted three new homes will be constructed off of Hunter Road later this year and will need to be considered. Edwards stated the mill and overlay work will take two to three days and that the work can be coordinated with those contractors. PUBLIC SAFETY REPORT None PLANNING DEPARTMENT REPORT – CHRISTOPHER McGRANN, REPRESENTATIVE 6. #15-3792 JOHN AND BEN KIEFFER, 2024 SHADYWOOD ROAD – VARIANCES – RESOLUTION NO. 6581 Senior Planner Gaffron stated the applicants appeared before the Planning Commission in November and requested to replace their detached garage with an attached garage. The neighbor to the north stated she did not want to have an additional amount of house in the proposed location. The applicants revised their plans and came back before the Planning Commission in January proposing a detached garage and less hardcover due to reducing the amount of driveway. The applicants were still requesting a hardcover variance, a structural coverage variance, and a side setback variance of five feet rather than ten feet along the south side. The Planning Commission felt the changes were appropriate and recommended approve of the applicants’ revised plan on a vote of 6-0 at the January meeting. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, February 8, 2016 7:00 o’clock p.m. _____________________________________________________________________________________ Page 9 of 32 6. #15-3792 JOHN AND BEN KIEFFER, 2024 SHADYWOOD ROAD – VARIANCES – RESOLUTION NO. 6581 (continued) Gaffron stated the City Council has a draft resolution in its packet and that he would be able to answer any questions they may have regarding the proposal. Walsh noted the hardcover was originally proposed at 35 percent and has been reduced to 32 percent. Walsh asked what amount of hardcover is allowed. Gaffron indicated 25 percent hardcover is allowed. Gaffron noted the reduction results in a garage that meets the required setback from the street. The lot is less than 40 feet wide and the applicants are not able to have a side-loading garage. The neighbor to the south has indicated he has no problem with the 5-foot setback. If the garage had been pushed back toward the house more, it likely would have impacted the open space feel of the neighborhood. Walsh asked what the current hardcover is on the property. Gaffron stated existing hardcover is at 31.9 percent and proposed hardcover is 32.8 percent. Gaffron stated the amount of hardcover now being proposed is less than what was originally proposed. Walsh commented it appears to be more of an in-kind situation and that there is not much room to reduce it further except for the bump-out on the driveway. Walsh stated because Shadywood Road is a busy road, the bump-out is probably necessary. Gaffron stated the backup apron in Staff’s view is pretty critical for this site. Walsh moved, Printup seconded, to adopt RESOLUTION NO. 6581, a Resolution Approving Variances from Orono Municipal Zoning Code Sections 78-350, 78-1403, and 78-1700(1) for property located at 2024 Shadywood Road. VOTE: Ayes 5, Nays 0. 7. #15-3795 SOUTHVIEW DESIGN ON BEHALF OF ROBERT AND BETH SCHNELL, 1130 OLD CRYSTAL BAY ROAD SOUTH – VARIANCES – RESOLUTION NO. 6582 Curtis noted this application was before the City Council at its last meeting. Staff has prepared a resolution reflecting the Council’s direction from that meeting. Walsh noted Staff’s report did not recommend the pavers but that there was not much discussion at the last meeting about why they were not in favor of them. Walsh stated it appears that the pavers are a good trade-off than having stairs there. Walsh stated he would like to know why Staff does not prefer the pavers. Curtis stated the Code does not allow pavers in that area but that they would likely result in less hardcover in that area than a stairway. Walsh stated in the future he would like to have a little more discussion from Staff in these types of situations where they recommend denial based on a strict interpretation of the code. Walsh noted the applicant brought up the fact that they would be allowed stairs in that area. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, February 8, 2016 7:00 o’clock p.m. _____________________________________________________________________________________ Page 10 of 32 6. #15-3792 JOHN AND BEN KIEFFER, 2024 SHADYWOOD ROAD – VARIANCES – RESOLUTION NO. 6581 (continued) Walsh stated he would be willing to make a motion allowing the pavers. Levang moved, Printup seconded, to adopt RESOLUTION NO. 6582, a Resolution Approving Variances from Municipal Code Sections 78-1279 and 78-1438, and Denying a Variance from Municipal Zoning Code Section 78-1438. Printup noted he was not in attendance at the last City Council meeting but that he did watch the video afterwards. Printup asked what the importance of protecting that 0-75 foot area is. Curtis stated Orono’s Code protects the 0-75 foot area from an aesthetic perspective as well as allowing for more surface infiltration prior to the runoff going into the lake. Printup stated taking a strict stance on the code is important, but that the pavers are less impactful than the stairs. Printup stated in his view common sense should have prevailed on that. McMillan stated generally the City allows for access to the lake as well as a lock box. McMillan stated the area where the stepping stones are being proposed for is flat and that stairs are not really necessarily, which was her rational for not allowing the pavers. McMillan noted there is not a dock on this property and that they could technically walk down the hill without the stairs. Printup stated stairs would increase the hardcover in that area. McMillan stated there are two sets of stairs and there does not appear to be a need for the hardcover in the flat area. Walsh noted there is a slight contour in that area. Curtis stated the applicants would be allowed to do up to 75 cubic feet of grading in that area without Council approval. Walsh stated he would simply like more information in the future when Staff recommends denial. VOTE: Ayes 5, Nays 0. *8. #16-3798 MICHAEL AND HOLLY RUCINSKI, 3188 NORTH SHORE DRIVE – VARIANCES – RESOLUTION NO. 6583 Levang moved, Printed seconded, to adopt RESOLUTION NO. 6583, a Resolution Approving a Variance from Municipal Zoning Code Section 78-1435, for the property located at 3188 North Shore Drive. VOTE: Ayes 5, Nays 0. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, February 8, 2016 7:00 o’clock p.m. _____________________________________________________________________________________ Page 11 of 32 *9. #16-3801 CARL AND CAREN BORG, 3414 LIVINGSTON AVENUE – VARIANCES – RESOLUTION NO. 6584 Levang moved, Printup seconded, to adopt RESOLUTION NO. 6584, a Resolution Approving Variances from Orono Municipal Zoning Code Sections 78-350, 78-1435, 78-1438, and 78-1511, for the property located at 3414 Livingston Avenue. VOTE: Ayes 5, Nays 0. 10. #16-3802 TCO DESIGN, 2380 SHADYWOOD ROAD – REZONING AND CONDITIONAL USE PERMIT Barnhart stated the applicants are proposing rezoning and a conditional use permit in order to renovate the existing building at 2380 Shadywood Road into a comprehensive care facility. The facility is similar to a nursing home and would provide care for patients discharged from the hospital but requiring a greater level of care than can be provided for at home. Nursing and related services would be provided for up to 22 patients, housed in separate rooms. External modifications include the addition of windows to the north and east elevations. The Planning Commission did review the rezoning request at their meeting in January. The Comprehensive Plan identifies this subject property as a potential for mixed use in addition to the other commercial uses that are appropriate for this area. Barnhart stated the mixed use would allow for additional uses in this district. The Planning Commission recommended approval of the rezoning request from B-5 to B-4. As it relates to the conditional use permit, the use being proposed is similar to a nursing home facility. The patients’ rooms would be around the perimeter of the building and there would be a chapel and a kitchen in the center. Barnhart stated as it relates to mixed use in the Navarre area, the Comprehensive Plan identifies several areas for potential mixed use. The thinking behind the mixed use was to provide opportunities for the City to meet the density goals of the Metropolitan Council. Barnhart noted this type of facility would not be considered mixed use since the individual patient rooms do not have their own kitchen. In addition, the Comprehensive Plan does not go into detail in regards to the mixed use but it does state that nursing homes are an appropriate use in the B-4 district. Barnhart displayed a map depicting the B-5 and B-4 districts in the City. Barnhart stated from a property standpoint, the building is not big enough to subdivide into smaller units but is large enough to accommodate this use with its own parking. Barnhart stated any higher intensity use would likely impact some of the adjacent residential areas from a traffic noise and activity standpoint. The Planning Commission also recommended approval of the conditional use permit at their meeting in January. Barnhart stated the applicant would be able to answer any questions the Council may have. Todd Ofsthun, TCO Design, stated this building is a good size for what they are proposing and is in a good location. It would make for a good transition from the residential to the commercial facility. 10. 10. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, February 8, 2016 7:00 o’clock p.m. _____________________________________________________________________________________ Page 12 of 32 10. #16-3802 TCO DESIGN, 2380 SHADYWOOD ROAD – REZONING AND CONDITIONAL USE PERMIT (continued) Ofsthun indicated there would be staff on duty 24/7. The type of activity being proposed is typically very quiet and would help bring people into the Navarre area. In addition, the property will be landscaped and the building will be brought up to code and maintained. Ofsthun stated the improvements will help the overall neighborhood. Ofsthun stated the majority of the parking would all be located in the front along Shadywood and that they would be very comfortable with keeping the easement there for the Culvers Restaurant. Any deliveries would be made to the back of the building during the day. The window in the rear would be removed to eliminate the drive-through service. Roman Bloemke, Chief Operations Manager for Welcome Home Management Company, stated the company is based out of Hutchinson, Minnesota, and employ approximately 400 employees. Welcome Home manages 11 other properties through Minnesota and two in Wisconsin. The intent for this property is more memory care, which will work well in a small environment like this. The smaller facility allows for it to have more of a family-oriented feel to it. McMillan asked what attracted them to this site and this community. Bloemke stated this particular location is nice given its visibility and the size of the building. McMillan stated she did look at the Welcome Home website and that their other facilities appear to be more home-based. McMillan stated this building reminds her more of an acute care facility rather than a family-oriented assisted living center. McMillan stated she is having a hard time visualizing this to be more of a group or family-oriented type of facility. Bloemke stated there are a number of options they can incorporate into the remodeling and that this use would complement the community. Bloemke stated what is inside the building is what matters, such as the employees and the amenities. The building is also fairly new and should not have any structural problems. McMillan noted there will not be a lot of common space outside of the patient’s individual room. Bloemke stated they would utilize the main area for more than just dining and that they would also use it for social gatherings and group activities. There are also some spa areas that the patients can use. Bloemke stated the circle design enables them to work better with the patients as well, with some natural light coming in from the front. Levang noted at the Planning Commission meeting it was said that one-third will be a swing bed/rehab and two-thirds would be memory care. Bloemke stated the mix will vary greatly depending on the type of people that come in and will fluctuate over time. Bloemke stated they are seeing an increase in people with memory loss and that will likely be the majority of their patients. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, February 8, 2016 7:00 o’clock p.m. _____________________________________________________________________________________ Page 13 of 32 10. #16-3802 TCO DESIGN, 2380 SHADYWOOD ROAD – REZONING AND CONDITIONAL USE PERMIT (continued) Levang noted rehab and memory care are two very different services with different regulations and staff requirements. Levang asked how they are planning to manage that. Bloemke stated Welcome Home would run the home health agency that would be running the facility and would hold the license. A third party would be contracted to perform the rehab work and provide the necessary staff. Bloemke stated Welcome Home would deal with the home health portion of the care, such as staff and medications, but the family would hire any physical therapists. Bloemke stated there would be an agreement with that company to provide those specific services. McMillan noted there is another facility in Orono that has a memory care piece to it but it is a dedicated wing, with the assisted living portion being a separate wing with its own security. McMillan asked how memory care would fit in with the comings and goings associated with the rehab services. Bloemke stated when it comes to the rehab portion, it likely would be more long-term patients and that they have not experienced problems with it at their other facilities. Bloemke stated the facility would be locked 24 hours a day and that there would be a call system in place that would allow the residents to contact Staff. McMillan asked whether there would be any outdoor space. Bloemke stated he would leave that up to the designers and that the triangle area might be appropriate f or that. Bloemke stated that area would also be fenced to prevent the patients from wandering out. McMillan noted the Council would need to know the specifics of that before the application goes forward much further. Cornick asked how many employees they anticipate hiring. Bloemke stated there would be between 20 to 25 employees depending on the full-time versus part-time structure. Bloemke stated the intent is to have a registered nurse on staff as well as CNAs. McMillan asked if the City would lose the mixed use opportunity if the zoning is changed from B-5 to B-4. Barnhart stated they would not since they would not be changing the land use. Barnhart stated the Planning Commission did discuss the outdoor space very briefly and that the center area was felt to be the best spot for that. Barnhart indicated Staff will discuss that with the applicant as this application moves forward. At this time Staff is looking to see whether there is support for the rezoning and the conditional use permit and would draft a resolution based upon the Council’s direction. Barnhart stated if the Council does not feel this use is appropriate for this site, they should recommend denial. Printup stated he has looked at this corner of Navarre as more commercial rather than mixed use or assisted living. Printup noted on Page 6 of Staff’s report, Item No. 11 talks about how three of the four sides are commercial, with a little wetland area. Printup stated in his view this lot is not compatible for a memory care facility. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, February 8, 2016 7:00 o’clock p.m. _____________________________________________________________________________________ Page 14 of 32 10. #16-3802 TCO DESIGN, 2380 SHADYWOOD ROAD – REZONING AND CONDITIONAL USE PERMIT (continued) Printup moved, Walsh seconded, to deny the rezoning request by TCO Design for 2380 Shadywood Road. Walsh stated he would echo Council Member Printup’s comments. Walsh stated from a standard land use planning perspective, he has to look at the long-term vision for Navarre, and from that standpoint, when the building is located at a main corner of an intersection, it should be more high retail. Walsh noted the B-5 district is intended to provide a district for businesses that supply commodities or perform a service primarily for the residents in the surrounding neighborhood. The B-4 district allows office use for which there is limited contact with the public. Walsh stated in his view, the memory care facility is a destination use and that the lot is not a destination site. Walsh stated the memory care facility will not really benefit the residents in the immediate area. If the zoning is changed to B-4, outpatient clinics would also be allowed. Walsh stated the building also abuts residential neighborhoods and is within a block of the trail system where a number of children and adults congregate on during the warmer months. Walsh stated the potential for other uses at this site if it is rezoned is not compatible with the adjacent residential areas. McMillan stated she agrees that this site should stay more commercial and have a use that would better serve the area. Levang stated she finds the B-5 zoning appropriate for this property and what she envisions for this site going into the future. Todd Osfthun noted the building has been empty for ten years and that clearly there is something that is missing and that the zoning might be wrong for the site. Osfthun stated the City should look into why they cannot find someone to purchase the property. Osfthun stated they have an investment group that is willing to put some money into the facility and improve the site, which will be a great addition to the neighborhood. Osfthun stated in his view the City Council should reconsider their decision and ask how much longer the building will remain empty. Osfthun stated they are also requesting a conditional use permit, which means that another type of use cannot simply step into the building. Walsh noted an outpatient clinic is a permitted use in the B-4 district. Walsh stated there are a lot of reasons why buildings sit empty and that it is better not to make a wrong long-term decision. Walsh stated in his view the B-5 zoning is appropriate for this site and that if the rezoning is changed, the City could end up with a business that is not good for the neighborhood long-term. Osfthun noted there is other B-4 zoning in the area and that this is the only spot that is zoned B-5. Cornick asked if the Freshwater Institute is zoned B-5. Barnhart indicated it is zoned B-4. Barnhart pointed out the areas zoned B-4 on the overhead. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, February 8, 2016 7:00 o’clock p.m. _____________________________________________________________________________________ Page 15 of 32 10. #16-3802 TCO DESIGN, 2380 SHADYWOOD ROAD – REZONING AND CONDITIONAL USE PERMIT (continued) McMillan asked if anyone from the public would like to comment on this application. Loren Fritz, 3845 North Shore Drive, stated he moved to the community in 1968 and that his reason for coming tonight is that he noticed there was some activity going on at this corner and that he wanted to comment that it is positive someone was considering moving into this location. Fritz indicated he would be in support of something going in there and that it would benefit the Navarre community. VOTE ON THE MOTION: Ayes 4, Nays 1, Cornick Opposed. Mattick noted the motion was to deny the rezoning and that there should be another motion denying the conditional use permit. Printup moved, Levang seconded, to deny the conditional use permit request by TCO Design for 2380 Shadywood Road. VOTE: Ayes 4, Nays 1, Cornick Opposed. 11. #16-3803 STONEWOOD, LLC, ON BEHALF OF TASHITAA TUFAA, 1830 SHORELINE ROAD, VARIANCES AND CONDITIONAL USE PERMIT Curtis stated the applicant is proposing to construct a new home on the subject property which consists of 1.6 acres in area, 133 feet in width, and is located within the LR-1A district. The applicant is requesting approval of lot area and lot width variances as well as a side street setback variance in order to place the home 30 feet from Heritage Lane where a 50-foot setback is normally required. A conditional use permit is also being requested to allow the export of approximately 2,000 cubic yards of fill material from the property as well as a variance to permit a 6-foot tall open wrought iron style fence on the entire perimeter of the property. The applicant is further requesting a second curb cut. Since the Planning Commission meeting, the applicant has submitted a revised fence plan. The fence is now proposed to stop near the sewer easement on the property and has been pulled back from Shoreline. The fence is still proposed at six feet. On January 19, the Planning Commission held a public hearing and reviewed the application. Following the public hearing the Planning Commission voted 6-0 to recommend the following: 1. Denial of the fence height variance with the recommendation that the fence be redesigned; 2. Approval of the lot width, lot area, and side street setback variances; 3. Approval of the conditional use permit subject to conditions. As noted within the memo, Staff recommends approval of the lot area, lot width, and street setback variances as requested in conjunction with the proposed plan. Staff recommends denial of the variance to permit construction of the fence exceeding 42 inches in height. Regarding the conditional use permit, Staff recommends approval consistent with the conditions recommended by the Planning Commission as outlined in Staff’s report. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, February 8, 2016 7:00 o’clock p.m. _____________________________________________________________________________________ Page 16 of 32 11. #16-3803 STONEWOOD, LLC, ON BEHALF OF TASHITAA TUFAA, 1830 SHORELINE ROAD, VARIANCES AND CONDITIONAL USE PERMIT (continued) Curtis noted a considerable amount of feedback has been received from the neighborhood on this proposal. McMillan asked if there is any engineering comment regarding the swale. Curtis stated the engineer’s comments do not impact the proposal and relate primarily to erosion control measures. McMillan stated she was unable to tell how much of an impact that would have as it relates to water flow and whether it would cause flooding down at Shoreline following a major rain event. Curtis stated the City Engineer has reviewed the plan. Tashitaa Tufaa, Applicant, stated he currently lives in Minnetonka and that he is here on behalf of his family. Tufaa stated he and his family would like to reside in this area and that they have been attempting to find a place in Orono for the past seven years. Tufaa stated he and his family are very humble and would be good residents. Tufaa stated he would be able to answer any questions the Council may have. Sven Gustafson, Stonewood, LLC, stated he has been working on a design for this home for the last year and that the size of the home has been reduced from what was originally being contemplated. As it relates to the conditional use permit, the grade is proposed to be cut by approximately six feet at the house and then taper down, which will help to flatten the lot and slow down the water runoff. Gustafson stated they also considered a rain garden down by the road but that the runoff should be less impactful than what it is today. Gustafson stated the swale would also not be visible from any of the neighboring properties or road and is being done to help create a walkout on the northeast side of the home. Gustafson stated they are anticipating 85 to 90 trucks being necessary to export the fill and that they will be using the existing curb cut on Shoreline Drive. Gustafson stated they are also hoping to have the foundation and the house built that way as well. Gustafson noted there is also enough space on site to park construction vehicles. Gustafson noted this property has street on three sides of it and that it is a somewhat large lot but that it ends up with a fairly narrow building area due to the setbacks. Without the side setback variance and with a 50-foot side setback variance from Heritage Lane, it would result in an 85-foot building area on a 175-foot lot. The variance would allow the lakeside of the house to be wider and would be consistent with the other homes in the area. Curtis indicated the yellow lines on the sketch depict the house. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, February 8, 2016 7:00 o’clock p.m. _____________________________________________________________________________________ Page 17 of 32 11. #16-3803 STONEWOOD, LLC, ON BEHALF OF TASHITAA TUFAA, 1830 SHORELINE ROAD, VARIANCES AND CONDITIONAL USE PERMIT (continued) Gustafson stated the white line on the homes shows the 65-foot width on the other homes. Due to the location of the proposed home, increasing the width of the structure would not impact the other adjoining homes. Across Heritage Lane there is a different side street setback. Gustafson stated they are attempting to avoid a long, narrow home by requesting the variance. Gustafson stated the neighbors may comment that the proposed home is inconsistent with the other homes in the neighborhood but that they have put together a slide show illustrating the footprint of other homes in the neighborhood. Gustafson noted the proposed home has a footprint of 2,881 square feet. Gustafson stated as it relates to the fence, it is for the safety of one of the children who likes to run and explore. Gustafson stated at their current home they have a similar fence that keeps him safely on the property. The fence has been pulled back a little bit further than what was originally requested while still creating a nice play space. Gustafson stated there could also be some gates in the fence if the neighbors would like that so the fence does not block the children’s route to the bus. The fence would be a wrought iron fence and would not really impact the views from any of the neighboring properties. Gustafson stated of the 19 homes on Heritage, nine of them have two curb cuts. Of the ones that have two curb cuts, they are all located on the same street and that they are only requesting one curb cut onto Heritage Drive. Gustafson stated the two curb cuts would allow for easier access to the property. Printup asked if the reason why the home is sitting crooked on the lot to prevent it from looking long and narrow. Gustafson stated they did that for the views and that they also did not want the garage doors facing Heritage Lane for aesthetic purposes. Gustafson stated they ended up putting the garage doors on the back of the house, which would also allow for a backup apron. McMillan asked if the garage would impact the neighbors more. McMillan stated there appears to be a lot of driveway even though they are under the hardcover limit and is related to the garage situation. McMillan stated she understands the desire to hide the garage doors, but that it is creating a lot more hardcover than what would normally be required. Gustafson stated they did not receive any comments from the neighbors regarding the driveway during the neighborhood meeting. Gustafson stated there are a number of communities that have architectural standards and typically one of the standards is to limit the number of garage doors that face the street. McMillan stated that may be a trade-off to the neighbor and that there can be more activity occurring on a driveway apron than what someone might think of. Gustafson stated they would likely soften it with vegetation and trees. McMillan indicated she basically has a concern with the amount of blacktop. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, February 8, 2016 7:00 o’clock p.m. _____________________________________________________________________________________ Page 18 of 32 11. #16-3803 STONEWOOD, LLC, ON BEHALF OF TASHITAA TUFAA, 1830 SHORELINE ROAD, VARIANCES AND CONDITIONAL USE PERMIT (continued) Walsh stated his concerns center around the practical difficulty issues given the fact that this is an empty lot. Walsh stated there is no practical difficulty for the conditional use permit. McMillan noted a conditional use permit does not require a practical difficulty. Walsh stated he would not angle the house within the building envelope since that throws off the setbacks and instead straighten it out to see if any variances are required. Walsh stated he also is not a big fan of the two driveway cuts and that one curb cut would be fine, especially given the amount of driveway that is then required. Walsh stated the fence is more of a long-term issue and that he is not sure a 6-foot fence around the entire property is necessary, especially from an aesthetics standpoint. Walsh stated he has a lot of questions about how the project is being laid out on the lot and that they could probably bring the house further back. Gustafson indicated he has constructed a number of homes on the lake and that every one of them was pushed as close as possible to the lake. Gustafson stated they are still pretty far from the lake. Walsh noted one of the neighbors had voiced some concerns at the Planning Commission meeting about the location of the house and that he was bringing it up so they could consider it. Levang asked how guests would enter the property. Levang asked if the visitors would enter off of Heritage Lane and then exit onto Heritage Drive. Gustafson stated that was the thought and that a number of the other properties in the area have a circular drive. Gustafson stated if there was not a second curb cut, they would have to create additional parking area. Levang stated if the Heritage Lane curb cut was eliminated, guests would need to back up and a bump-out would probably be required but would eliminate one curb cut and possibly reduce the hardcover. Gustafson noted they are well under the hardcover limit and that the driveway would likely have to be made wider for parking. Levang noted they have pulled the fence back from what was presented at the Planning Commission and varied it somewhat, but that there might be a way to shorten it up back near the driveway off of Heritage. Levang commented she wants to be compassionate about the special needs child but that there might be a way to shorten it up. Gustafson asked if it is the height of the fence rather than the location or amount of fence that is the main concern. Levang indicated it is. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, February 8, 2016 7:00 o’clock p.m. _____________________________________________________________________________________ Page 19 of 32 11. #16-3803 STONEWOOD, LLC, ON BEHALF OF TASHITAA TUFAA, 1830 SHORELINE ROAD, VARIANCES AND CONDITIONAL USE PERMIT (continued) Tufaa stated his son is 12 years old and is already 5’/9”. Printup stated he has some concerns with the positioning of the garage and the impact on the neighbor. Printup stated given the configuration, it appears cars would be aimed directly at the neighbor’s house and that he would like to see that changed somewhat. Printup stated with the house being crooked to accommodate the garage, if it is straightened out, one of the variances would likely be decreased or eliminated. Gustafson indicated it might lessen it by a couple of feet. Printup stated as it relates to the fence, he has a concern with increasing it to six feet rather than going with what is allowed. Printup stated his main concern is the configuration of the garage. Levang asked if the garage lines up with the neighbor’s garage. McMillan stated it is difficult to tell. Levang noted it appears the two garages face each other. McMillan stated she had a 6-foot fence in her neighborhood to keep a group of dogs in and that it definitely created a different feel and look in the neighborhood. McMillan stated in her view granting a variance for that fence was a mistake and that the property looks much better without it. McMillan stated she understands they have needs but that the smaller fence size helps to create a better visual effect for the neighbors. McMillan stated she also would like to see one access but that she does not prefer either one. McMillan stated she has some worries about the two curb cuts given the fact that this is a corner lot and people coming around Heritage Lane. Printup asked whether the Shoreline Drive access would be eliminated or whether it could be used at some point in the future. Curtis indicated it is an existing curb cut and that she does not know what Hennepin County’s position is on that. Gustafson stated they have not checked with Hennepin County regarding that. McMillan commented typically Hennepin County wants to see the least amount of curb cuts as possible. Walsh stated in his view the side yard setback should be reduced and that the angle of the house is not a practical difficulty. Walsh stated the applicants should reduce the side yard setback. Gustafson stated they are balancing the issue with the garage and the setbacks. Gustafson stated the fact that this lot is surrounded by three roads is a practical difficulty. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, February 8, 2016 7:00 o’clock p.m. _____________________________________________________________________________________ Page 20 of 32 11. #16-3803 STONEWOOD, LLC, ON BEHALF OF TASHITAA TUFAA, 1830 SHORELINE ROAD, VARIANCES AND CONDITIONAL USE PERMIT (continued) Walsh noted the property owner knew that at the time he purchased the property. McMillan stated this is a corner lot and that the applicants are saying that is a practical difficulty given the setbacks. McMillan stated there will be issues with the fact that it is a corner lot and that it is long and narrow but that does not make it a practical difficulty. McMillan indicated she understands the desire for some side setback variance but that she is not in favor of the amount being requested. McMillan asked whether the applicants would like to table the application and incorporate some of the suggestions made by the Council. Gustafson stated he would like some more direction on the side yard setback. McMillan noted the Council has received some letters from a few of the neighbors and that she would open the meeting up at this time for public comment. Stephen Charrier, 1910 Heritage Drive, stated he owns the house adjacent to this property. Charrier stated their number one concern is maintaining their privacy and that they currently have a very peaceful lot. Charrier stated he understands he could have purchased this lot and did not but that he would like to protect as many trees as possible. The trees were planted a number of years ago and make a nice buffer. Charrier stated they would also like to see additional trees planted between the properties if at all possible. Charrier noted the lights from the driveway will shine into their kitchen and that he would like to see the driveway reconfigured to minimize that. In addition, the lakeshore setback is a concern. Charrier stated at the time the house at 1860 was constructed, they went back and forth on the location and it was eventually placed further back from the lake. Charrier stated he would like to see some sort of compromise with the location of the house. Charrier stated he has seen another drawing where the houses were lined up. Curtis noted that was a Staff drawing. Charrier stated he would be in favor of that drawing. Charrier stated he is unable to understand the average lakeshore setback line and why they are not parallel. Charrier noted the lots are angled and that he does not understand how the house could be that much forward. Walsh suggested Mr. Charrier and the contractor get together to see whether a compromise could be reached. Charrier indicated they have attempted that and the communication was eventually ended. Charrier stated the contractor did not express much willingness to engage in any give and take. McMillan noted the applicants are not requesting an average lakeshore setback. Charrier stated he never would have imagined this house could be located where it is proposed and that moving the house further back would make a huge difference to them. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, February 8, 2016 7:00 o’clock p.m. _____________________________________________________________________________________ Page 21 of 32 11. #16-3803 STONEWOOD, LLC, ON BEHALF OF TASHITAA TUFAA, 1830 SHORELINE ROAD, VARIANCES AND CONDITIONAL USE PERMIT (continued) McMillan requested an explanation be given on the average lakeshore setback line. Barnhart stated the average lakeshore setback line is different in this situation due to the street setback. Barnhart indicated the line is measured only from the adjoining neighbor’s house and that the distance is measured at a right angle to the shoreline. That distance is 359 feet according to the survey. Barnhart indicated it would be the shortest distance to the ordinary high water line at a right angle to the shoreline. Charrier stated the previous house on this lot was also set back further from the lake that what is being proposed and that it was pretty much a straight line. Charrier requested their privacy be maintained as much as possible. Gustafson noted the neighboring home is 359 feet from the lake and their proposed home is 383 feet from the lake. Gustafson stated to push it further back would be pretty restrictive. Gustafson stated if the take the average lakeshore setback line from the neighbor’s house and bisect this house, it does not impact the neighbor’s view of the lake but it will impact their view from Heritage Lane. Gustafson indicated they would be willing to continue the discussions with the neighbors. Charrier stated it was his understanding the home was set back 360 feet. Curtis indicated it is and that the 380 was a typo. Curtis noted the lakeshore is not straight, which accounts for the difference. Charrier indicated they would be willing to meet with the applicants. Dennis Libby, 1000 Heritage Lane, stated he is here tonight as an officer of the Foxhill homeowners association in place of Steven Byrnes, who is out of town. Libby stated he did print a complete copy of the project and carefully reviewed it this afternoon. Libby stated there are two main concerns with this project and one deals with safety. Libby noted there are over 46 residents that reside in this neighborhood. The neighborhood basically has one access in and out and every time there is a project of this size and magnitude, it will impact the surrounding homeowners. Libby stated even though 1830 is not a member of the Foxhill homeowners association, they are literally surrounded by the other homes in the association. Libby stated this is a unique boating community, with one of the largest commercial dock installations on Lake Minnetonka. Libby indicated he has enjoyed living in this neighborhood and having his boat docked down the road. Libby stated in order for the residents to traverse to the dock from their homes, they typically will have to drive down Heritage Lane because they have provisions and other items that they need to haul. Because of that, there needs to be a place to park. Libby stated the driveway cut will present a safety issue and a deterrent to people who need to park along that public street. Libby stated the second driveway cut will present a safety issue to the driveways located on the other side of the street and would eliminate some of the parking that has existed since 1963. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, February 8, 2016 7:00 o’clock p.m. _____________________________________________________________________________________ Page 22 of 32 11. #16-3803 STONEWOOD, LLC, ON BEHALF OF TASHITAA TUFAA, 1830 SHORELINE ROAD, VARIANCES AND CONDITIONAL USE PERMIT (continued) Libby stated he would like to note that since 1983, Orono has required that new driveways have a turn- around, which in this case would be an intelligent alternative to consider rather than a second curb cut that would impact the residents of this neighborhood. Libby stated he was very relieved to find out from the designer and builder that their intention is to use access onto County Road 15 for the construction traffic. Libby asked which one of these trucks would be turning from the lot onto County Road 15. McMillan stated that is probably known at this point. Libby stated given the size, weight, and length of the vehicles, some of the same considerations should be given to this project as was given to other developments. Libby suggested only right-hand turns be allowed in and out of this construction project for safety onto County Road 15 and that they should not be allowed access down Heritage Lane. Libby noted Hennepin County does not have any mandate that would supersede the City’s authority regarding access. Greg Coward, 1950 Heritage Drive, noted he has been before the City Council when other projects have been proposed and that the Foxhill residents may be getting the reputation that they are always against new development but that isn’t always the case. Coward stated when the 1860 Shoreline development was first discussed, 7,000 cubic yards of dirt were proposed to be removed from that site. That project was approved unanimously by the Planning Commission and the City Council was about to approve it except for the requests of the neighbors that a number of changes be made that would be more favorable to the adjoining property owners. Coward noted the residents did not show up regarding construction at 1955 Heritage Drive or for the reconstruction of 1135 Heritage Lane or for the construction at 1910 Heritage Drive. Coward stated the residents felt those homes were perfectly fine for the neighborhood given their size. Coward stated in this application, it is the feeling of the neighbors that this is too big of a house on too small of a lot. Coward stated at the Planning Commission meeting, a question was asked why there were no comments about Orono’s Comprehensive Plan regarding preservation of neighborhoods. One of the Commissioners then asked if the lot in question is part of the Foxhill homeowners association. When he was told that it is not part of the homeowners association, that commissioner said that this lot is not in the neighborhood and therefore it does not make any difference what happens with this lot. That commissioner then proceeded to point to the houses across the street and said that those homes will someday be made much bigger and that it does not make much difference if this project is approved or not. There were no further public comments. McMillan suggested the City Council discuss the bullet points contained in Staff’s report. McMillan stated the variances for lot width and lot area are typically granted and are merely saying that the lot is substandard. McMillan noted those would be administratively approved if there was not a side setback variance being requested. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, February 8, 2016 7:00 o’clock p.m. _____________________________________________________________________________________ Page 23 of 32 11. #16-3803 STONEWOOD, LLC, ON BEHALF OF TASHITAA TUFAA, 1830 SHORELINE ROAD, VARIANCES AND CONDITIONAL USE PERMIT (continued) McMillan asked if the Council is in agreement that there only be one curb cut. It was the consensus of the City Council that there be only one curb cut. McMillan stated the Council should perhaps discuss where the curb cut should be located. McMillan asked if the Council feels the driveway should be smaller. Mattick noted that the applicants meet the hardcover requirements and that perhaps the Council could look at that after they revise their plans. Walsh commented the driveway would likely be smaller simply as a result of one of the curb cuts being eliminated. McMillan asked how the Council feels about the fence. Printup, Walsh and McMillan agreed there does not appear to be a practical difficulty for the higher fence. Levang asked if there is one section that they would be allowed to have a 6-foot fence. Curtis indicated that is correct. Curtis stated a 6-foot fence would be allowed from the setback at the 50- foot setback up to the average setback line. McMillan stated it appears the majority of the City Council is in agreement that the fence should be limited to 42 inches in height. McMillan asked if the City Council is okay with the conditional use permit. Levang and Walsh indicated they are fine with the conditional use permit. McMillan asked if there will be any landscaping. Curtis stated if the Council would like to see the landscaping, they should specify that in the direction to the applicant. It was the consensus of the City Council that the applicants submit plans reflecting the landscaping they are proposing. McMillan stated the Council should next discuss the side setback variance. Walsh stated in his view the house should be redesigned and the side setback variance reduced. Walsh stated he does not believe a 20-foot variance is needed. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, February 8, 2016 7:00 o’clock p.m. _____________________________________________________________________________________ Page 24 of 32 11. #16-3803 STONEWOOD, LLC, ON BEHALF OF TASHITAA TUFAA, 1830 SHORELINE ROAD, VARIANCES AND CONDITIONAL USE PERMIT (continued) McMillan recommended the setback variance be minimized as much as possible. Gustafson stated without some real specificity on what the Council is willing to approve, they are asking them to redesign the entire home, the site plan, draw a landscape plan, and then hope that they minimize it to a point that is acceptable. Gustafson stated he would like some more specificity on what they can do and that in their view by minimizing the side setback, the house would be fairly narrow. Gustafson pointed out the variance that is being required on the overhead. Mattick asked how much room is available on the other side. Gustafson stated they are touching on that side. Mattick asked if the Council is suggesting the garage be pulled closer to the neighbor. Walsh stated he is suggesting the house hug that line and bring it back. Walsh stated they could also talk with the neighbors about moving the house back. Walsh stated he is not sure he can specify a particular number. Gustafson noted it would probably eliminate a room and a half on the lakeside of the house because they would be shrinking the width of the house. Gustafson stated given the square footage the homeowner would like, the house will appear to have more massing if it is shrunk down. Gustafson stated in his view homes get less attractive when they become narrower. Gustafson noted if they move the garage doors to the other side, the neighbors would be looking at the back side of the garage and that there is not really a way to dress that up. McMillan asked why they are not able to make the back side of the garage attractive. Gustafson noted it would be the back side of a four-stall garage and that it would be fairly long. Walsh stated on the one setback line, they have more flexibility. Gustafson stated if you look at the side that is facing the neighbor, they attempted to make it more attractive. Walsh stated that is the line they can work with and they can make the house more attractive by perhaps eliminating some of the bump-outs. McMillan stated she does not want the Council to get into a major redesign of the house and that they should provide some direction on what they can tolerate for a side setback variance. Mattick asked if it is as simple as switching the garage doors and then the variance on the side is okay. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, February 8, 2016 7:00 o’clock p.m. _____________________________________________________________________________________ Page 25 of 32 11. #16-3803 STONEWOOD, LLC, ON BEHALF OF TASHITAA TUFAA, 1830 SHORELINE ROAD, VARIANCES AND CONDITIONAL USE PERMIT (continued) Gustafson stated they could show the Council what that looks like and that is how it was originally designed. Gustafson stated they did not like the way it looked as much as they did with bringing the garage doors around the back. McMillan stated they could perhaps have two garage doors facing a different direction, and that whenever there are four garage doors in a row, it is going to look less attractive. Gustafson noted that would add probably quite a bit of asphalt. McMillan stated the applicants will need to figure out but that she would recommend they look at a different configuration for the garage. McMillan stated the neighbors will have to look at it every day with cars going in and out. McMillan stated there could perhaps be some plantings in between some of the stalls. Printup stated in his view the design of the garage could perhaps be worked out with the neighbors. Walsh stated the direction is that the Council wants the setback encroachment to be as small as possible. Gustafson asked if the Council is able to give them a specific number. Gustafson noted there will be considerable costs incurred to redesign the house. McMillan asked if there are full drawings on the house already. Gustafson indicated they have three renderings and 3D elevations of the cut and fill from the lake side. Gustafson stated in order to create the visual for the City Council, they would need to put a lot of time into it. Mattick stated the options at this point are to vote on it as it stands or table it to see if the applicant would like to redesign it. Walsh stated if the application is voted down, they would have to start all over and that redesigning it would allow them to continue. Gustafson stated they would like to table it but that he would like more direction on the side setback. Gustafson asked if there would be any leeway based on the average width of the homes in the neighborhood. Gustafson indicated they attempted to make this home similar to the other homes. McMillan stated the only difference is the fact that this is a corner lot, which reduces the amount of buildable area. Walsh noted they only have to deal with one neighbor as far as aesthetics, which is a positive. Printup asked if any of the other homes in the neighborhood have received setback variances. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, February 8, 2016 7:00 o’clock p.m. _____________________________________________________________________________________ Page 26 of 32 11. #16-3803 STONEWOOD, LLC, ON BEHALF OF TASHITAA TUFAA, 1830 SHORELINE ROAD, VARIANCES AND CONDITIONAL USE PERMIT (continued) McMillan stated she does not believe so and that to her understanding the two closest homes conform to the side setback. Gustafson noted the red home received a variance to move closer to the lake. Printup moved, Walsh seconded, to table Application No. 16-3802, TCO Design, 2380 Shadywood Road. Mattick asked how long the applicants will need to redesign the house. Gustafson stated they can extend the time limit if it takes longer than a month. Gustafson requested Staff let them know when that time period will expire and whether it needs to be extended. VOTE: Ayes 5, Nays 0. (A recess was taken from 9:55 p.m. to 10:00 p.m.) 12. MARIANI CONCEPTUAL REQUEST TO EXPAND MUSA BOUNDARY Barnhart noted this item appeared before the City Council in January and that the applicant is requesting the City Council to consider extending the MUSA boundary. At that time the Council directed Staff to review the implications with the Metropolitan Council and report back. On January 27 Staff met with representatives from the Metropolitan Council to gain a better understanding of the implications of a number of proposed developments. It appears that expanding the MUSA boundary to accommodate this request could be accommodated within the City’s current limits. Barnhart stated from a density standpoint, the Comprehensive Plan identifies density at a rate of 3.29 units per acre. When the density is adjusted for the Mariani property, the density would drop down to 3.2 units per acre. If it is adjusted to include both the Mariani and the James properties, the density would drop down to 2.80 and the City would need to identify additional areas where higher density could go. Barnhart noted the City does not have a lot of areas where higher density would be able to be located. Further, the Comprehensive Plan guides the Mariani property for park, recreational and open space to accommodate future expansion of Three Rivers Park District’s Baker Park. There are other properties that are also identified for park, recreational and open space in the area, but Three Rivers did not elect to purchase this property at the time it was for sale. The expansion of urban services may be considered inconsistent with the Comprehensive Plan as it implies long-term support for residential land use. Staff does not recommend the MUSA be expanded as a Type III system is a viable option and extension of the urban service does not appear consistent with the long-term plan for the area. Printup stated he supports Staff’s findings and that this might not be a situation involving the City. Printup asked whether Mr. Mariani has received any feedback from the septic contractor. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, February 8, 2016 7:00 o’clock p.m. _____________________________________________________________________________________ Page 27 of 32 12. MARIANI CONCEPTUAL REQUEST TO EXPAND MUSA BOUNDARY (continued) Mariani indicated they are under state review at this time. Mariani stated he spoke with the state representative earlier today and that they expect to have a formal finding completed sometime next month. Mariani stated he also spoke with the director of planning at Three Rivers Park and she indicated that it would not matter to the park district if there was a sewer connection. Mariani stated Three Rivers Park appears to be looking for properties that are either donated or sold at the assessed value. Mariani stated he was also told that Three Rivers has no formal plans to purchase any property in this area at this time. Mariani stated the other option he has is to install a Type III system, which was originally listed as an experimental system. That system was later changed to other even though there were no changes made to the requirements or design of the system. Mariani noted he has only one site to put a septic system and that contractors will not guarantee a Type III system but they will guarantee a Type I system. Mariani stated he was hoping the City would be willing to help him out. McMillan asked if he owns both properties. Mariani indicated he bought both parcels with the condition that the lots would be split, which has occurred. McMillan asked if there is room for any system on either site. Mariani stated a Type III system can be put on any lot and that a Type I system could possibly be constructed on the lower lot. Mariani noted there is also an easement in the area of the other possible site on this property. McMillan asked if a new system needs to be installed in the near future. Mariani stated it does. Mariani stated the drain field is gravity fed and is actually for the other property. Gaffron stated the existing drain field likely crosses the property line and that the City approved two new sites on this property and two sites on the other lot. The survey also did not show the easement. Gaffron stated to his knowledge a Type III system requires additional sand and is based on the water table being too close to the surface as well as how the soils percolate. Gaffron noted the soils on this site have been disturbed and that there are some risks with a Type III system. Gaffron stated on the other hand, the system could work just fine. Mariani stated he will be required to spend up to $30,000 to put in a Type III system that may not work for very long and then he will be back before the City Council. Mariani commented it is a huge gamble on his part and that he would like to be included in the MUSA system. Barnhart stated Staff is looking for some direction on whether this property should or should not be included in the MUSA. Levang asked if it would make a difference if the density on the James property changes. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, February 8, 2016 7:00 o’clock p.m. _____________________________________________________________________________________ Page 28 of 32 12. MARIANI CONCEPTUAL REQUEST TO EXPAND MUSA BOUNDARY (continued) Gaffron stated the density on the James property is 2.75 currently and the Eisenger property would have a density of approximately 5 to 6 units per acre in an area where it is guided for 10 to 15. Gaffron stated Staff will need to look for other sites within Orono that can be guided for higher density if those two properties are approved for lower density. Loftus asked whether the City has previously included lakeshore properties in the MUSA. Gaffron stated the density issue goes back 10 or 15 years and that a majority of the shoreland areas were included in the MUSA back in the early 2000s. With the previous Comprehensive Plan, the Metropolitan Council required the City to guide more property at a higher density in order to develop more 2-acre lots. McMillan stated it was her understanding that if the septic system is older than 1985, that the property owner could hook into the city sewer or MUSA without it counting toward the City’s density. Gaffron stated if it is brought into the MUSA, it counts against the City’s density. McMillan asked when that was changed. Gaffron stated the Metropolitan Council will allow them in and that it appears to be fairly recently where they have taken the position that it counts against the density. Gaffron stated Staff was informed of that at the recent meeting with the Metropolitan Council. McMillan commented at one time the City had a cushion, but that it does not appear that exists any longer. Mariani stated it sounds like the City will encounter the density problem in the future but that he is hoping the City will side with him in this case. McMillan stated it does not make sense to run the sewer line down and then only hook up one property. Mariani commented he does not know whether it will be necessary to hook up the second lot at this point. McMillan stated it probably should have stayed as one lot. Mariani stated if the property had remained one lot, he would have also paid less for the property. McMillan stated he could go back to the septic contractor. Mariani indicated they only carry a $10,000 bond. Walsh stated they likely also have errors and omission insurance. Mariani stated he was told he could apply for up to $10,000 against their bond. Mariani stated his whole idea was to sell this house and construct a new house on the other property. Mariani noted he had to turn down an offer to sell the property because he is not able to sell it. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, February 8, 2016 7:00 o’clock p.m. _____________________________________________________________________________________ Page 29 of 32 12. MARIANI CONCEPTUAL REQUEST TO EXPAND MUSA BOUNDARY (continued) Cornick asked whether it would be advisable to get an expert opinion on a Type III system. Gaffron stated the City’s septic inspector’s opinion is that the City can allow the Type III system but that there is some uncertainty as to whether or how long it will work. Gaffron stated someone would not be able to determine whether a different type of system can go in there until sometime this spring. Barnhart noted the Councils packet does include some information on a Type III system and that it is his understanding a Type III system is a modified Type I system. Barnhart stated the modification could be as simple as additional sand. A Type III system is allowed under Orono Code but there is no guarantee for how long they might last. Mariani stated one of the stipulations for splitting the property was that there be two Type I sites available, which turned out not to be the case. Levang asked if there would be any benefit to tabling this. Mariani stated he has talked to lots of people and that it is their opinion a Type III system is not as good as a Type I system and is not guaranteed. Mariani stated the Council could either elect to believe him or get their own information. Printup moved, Cornick seconded, to deny Mr. Mariani’s request to expand the MUSA boundary. VOTE: Ayes 4, Nays 1, Levang Opposed. MAYOR/COUNCIL REPORT Walsh reported he and Council Member Printup attended a fire commission meeting last week and that they went over budget issues for 2016 and beyond. There was also a good discussion about fire truck replacements and the need to obtain additional information. A discussion was also had regarding the Wayzata fire service agreement and more information will be gathered relating to that. Cornick stated he received one phone call from an irate resident following one of the recent snowfalls who indicated that someone knocked down his mailbox. Cornick stated it appeared the mailbox was hit by a snowplow. Cornick stated he directed the resident to call the Public Works Department to request that it be repaired, which it was, and that the resident has indicated that his mailbox is now better than ever. Levang reported she attended the Park Commission work session last week and that they are looking at improvements to Saga Hill Preserve. A forester has been brought in and areas will be designated for future work. Lurton Park was also discussed and a plan is being developed for the off-leash dog park. Levang stated she also attended the Planning Commission’s listening session where the two topics of discussion were the lighting ordinance and the vacation home rental. Both of those items were tabled but there was good attendance at the meeting. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, February 8, 2016 7:00 o’clock p.m. _____________________________________________________________________________________ Page 30 of 32 MAYOR/COUNCIL REPORT (continued) Printup stated he has received some valuable feedback over the past three or four weeks regarding short-term rentals and that he will be sharing it with the Council. Printup stated when the issue of sobriety, alcohol and drugs, sexual offenders and chemical dependency is brought up, the question becomes what the City can do to regulate it and that the Council should have that conversation at some point. Levang asked if he is thinking of a new ordinance. Printup stated it could perhaps be some type of land use regulation. Printup stated he would like the City Attorney to give some thought to it since it is likely it will fall under state rules. Mattick stated as it relates to sobriety homes or licensed facilities, the City does have quite a bit of leeway to regulate those. Mattick stated issues with sex offenders have been discussed in other communities as well as keeping alcohol and drugs out of parks, etc. Mattick stated he could put together some information on what other cities have done and also review the City’s current ordinances to see how they are handled. Mattick stated there is a staff meeting this week and they can discuss a timeline for putting that information together. McMillan reported she attended the Highway 12 Safety Coalition meeting last Thursday and that there was a discussion regarding the recent fatality that occurred in January. McMillan noted that accident was alcohol related and not related to highway design. McMillan stated a couple of members of the coalition stressed encouraging and educating people to call 911 whenever they observe someone who is driving erratically. McMillan stated Police Chief Farniok has also dedicated additional hours of patrol on Highway 12 in an attempt to reduce the number of accidents. McMillan stated the three areas of priority funding the coalition is looking for out of the 2016 legislative session would cover the area near Highway 12 and County 92, the area of County Road 90, and extension of the concrete barriers. Hennepin County is also looking at the possibility of installing a concrete barrier near the west end of Highway 6 to County Road 29 in Maple Plain. McMillan noted Orono received the ranking of fifth safest city in Minnesota as it relates to the least number of violent crimes, which is good news. Orono’s previous ranking was 15. CITY ADMINISTRATOR’S REPORT City Administrator Loftus reported this past weekend there was a training with 14 community leaders at the police department on “use of force”. The police department received some positive feedback on the stimulation and they are considering holding another one sometime in the fall. Loftus stated the event provides some good insight into some of the dangers that police officers face. Loftus stated Staff also received a schedule from Hennepin County on paving projects for 2016. County Road 19 will be receiving an overlay from the southern intersection of County Roads 15 and 19 in Navarre all the way to Shorewood. Also planned is repaving of County Road 201 at the end of August. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, February 8, 2016 7:00 o’clock p.m. _____________________________________________________________________________________ Page 31 of 32 CITY ADMINISTRATOR’S REPORT Loftus noted an advertisement looking for seasonal golf course workers has been placed on the City’s website under the Public Works Department. *13. REQUST FOR PROPOSAL (RFP) SCHEDULE – RESOLUTION NO. 6585 Levang moved, Printup seconded, to adopt Resolution No. 6585, a Resolution Adopting Request for Proposal (RFP) Schedule. VOTE: Ayes 5, Nays 0. *14. WESTERN COMMUNITIES ACTION NETWORK (WeCAN) REQUEST FOR CDBG SUPPORT Levang moved, Printup seconded, to approve sending a letter of support for the CDBG grant application being submitted by the Western Communities Action Network. VOTE: Ayes 5, Nays 0. *15. ORONO POLICE GARAGE – PAY REQUEST NO. 17 Levang moved, Printup seconded, to approve payment to Lambert Commercial for work completed on the Orono Police Garage project in the amount of $27,064.75. VOTE: Ayes 5, Nays 0. *16. LICENSES & PERMITS Residential Kennel Licenses 1. Leslie Hahn 809 Brown Road North 2. Steve and Kathi Johnston 2335 Shadowood Drive Levang moved, Printup seconded, to approve the above-listed licenses. VOTE: Ayes 5, Nays 0. *17. CLAIMS/BILLS Levang moved, Printed seconded, to approve payment of the All Funds Account. VOTE: Ayes 5, Nays 0. CITY ATTORNEY’S REPORT Mattick stated he had nothing to report. ADJOURNMENT Walsh moved, Cornick seconded, to adjourn the Orono City Council meeting at 10:41 p.m. VOTE: Ayes 5, Nays 0. ATTEST MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, February 8, 2016 7:00 o’clock p.m. _____________________________________________________________________________________ Page 32 of 32 ___________________________________ _______________________________________ Diane Tiegs, City Clerk Lili Tod McMillan, Mayor REQUEST FOR COUNCIL ACTION DATE: February 22, 2016 ITEM NO: 3 ______________________________________________________________________________ Department Approval: Administrator Reviewed: Agenda Section: Name Adam Edwards JML Public Works Director/ Title Public Works Director/City Engineer Parks Director Report ______________________________________________________________________________ Item Description: Support for Orono Baseball Association Grant Requests _____________________________________________________________________________ Exhibits. a. Draft Resolution supporting the Minneapolis Twins Grant Request b. Draft resolution supporting the Hennepin County Sports Equipment Grant Request c. Orono Baseball Association Information Brief. 1. Purpose. The purpose of this Council action is to gain Council approval for two endorsements of support to Orono Baseball Association (OBA) grant applications: a resolution of support for a Minneapolis Twins Grant to repair the Bederwood baseball field fencing and dugouts; and a resolution of support for a Hennepin County Sports Equipment Grant. 2. Background. The OBA is applying for two grants to improve athletic facilities that impact the City of Orono. The grant applications require endorsement from the City. a. Minneapolis Twins Fields for Kids Grant (See Exhibit A&C). OBA is applying for a $6,000 grant to be matched with $6,000 from OBA and the City of Orono. The project would repair the fences at the Bederwood Park Baseball Field and make repairs to the Lee Carlson dugouts. b. Hennepin County Grant. (See Exhibit B&C). OBA is applying for a ~$10,000 to procure field maintenance equipment. The grant requires non-profit applicants to partner with e local government agency to act as the fiduciary agent. 3. City Participation. a. Minneapolis Twins Fields for Kids Grant. The City would contribute $2,000 of the matching funds to pay for the repairs to the Bederwood baseball field fence. b. Hennepin County Grant. The City would act as the fiscal agent for the grant. As the fiscal agent for the award, the city will be responsible to disburse the funds, and ensure the funds are used for the equipment listed on the grant. 4. Funding. Funding for the City Cost Share for the Bederwood Baseball field fence project would come from the Parks Fund. The funds 2016 project balance is $594,000. 5. Recommendation. Staff is recommending approval of the attached resolution and letters of support. COUNCIL ACTION REQUESTED Consider a motion to adopt the attached resolutions supporting the OBA grant applications. CITY OF ORONO HENNEPIN COUNTY, MINNESOTA A RESOLUTION OF SUPPORT ORONO BASEBALL ASSOCIATION TWINS FIELDS FOR KIDS GRANT REQUEST Whereas, the Orono Baseball Association and the City of Orono desire to provide high quality and safe youth athletics facilities; and Whereas, the and Bederwood baseball field fencing is in disrepair and requires repair and replacement; and Whereas, the City wished to support the Orono Baseball Association’s application for Twins Fields for Kids Grant; and Whereas, The City agrees to partner with Orono Baseball Association to provide matching funds for the repairs to the Bederwood Baseball field fencing; and NOW, THEREFORE, BE IT RESOLVED that the City partners with the Orono Baseball Association for the purposed of Twins Fields for Kids Grant Application for the repair of baseball fields with in the City of Orono Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held February 22, 2016. ATTEST: ________________________________ __________________________________ Diane Tiegs, City Clerk Lili Tod McMillan, Mayor CITY OF ORONO HENNEPIN COUNTY, MINNESOTA A RESOLUTION OF SUPPORT ORONO BASEBALL ASSOCIATION TWINS FIELDS FOR KIDS GRANT REQUEST Whereas, the Orono Baseball Association and the City of Orono desire to provide high quality and safe youth athletics facilities; and Whereas, the and Bederwood baseball field fencing is in disrepair and requires repair and replacement; and Whereas, the City wished to support the Orono Baseball Association’s application for Twins Fields for Kids Grant; and Whereas, The City agrees to partner with Orono Baseball Association to provide matching funds for the repairs to the Bederwood Baseball field fencing; and NOW, THEREFORE, BE IT RESOLVED that the City partners with the Orono Baseball Association for the purposed of Twins Fields for Kids Grant Application for the repair of baseball fields with in the City of Orono. Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held February 22, 2016. ATTEST: ________________________________ __________________________________ Diane Tiegs, City Clerk Lili Tod McMillan, Mayor REQUEST FOR COUNCIL ACTION DATE: February 22, 2016 ITEM NO: 4 ______________________________________________________________________________ Department Approval: Administrator Reviewed: Agenda Section: Name Adam Edwards JML Public Works Director/ Title Public Works Director/City Engineer Parks Director Report ______________________________________________________________________________ Item Description: Support for Three Rivers Park District Grant Requests _____________________________________________________________________________ Exhibits. a. Draft resolution supporting the Dakota Trail Extension b. Draft letter for support for safety study of the Dakota Trail Crossing at Orono Orchard Road. c. Draft letter for support for a safety study of the Lake Independence Trail Crossing at CSAH 6. 1. Purpose. The purpose of this Council action is to gain approval for three endorsements of support to Three Rivers Park District grant applications. 2. Background. The Three Rivers Park District is apply for three Hennepin County Bikeway Grants that impact the City of Orono. The grant applications require endorsement from the City. a. Dakota Rail Regional Trail- Navarre Connection. Three Rivers Park District is requesting $100,000 to facilitate the construction of a connector trail along CSAH 19 to the Dakota Trail. b. Dakota Rail Regional Trail Crossing. Three Rivers Park District is seeking $10,000 to assist with Trail crossing assessment/ study of the Orono Orchard Road crossing to improve safety at this intersection. c. Lake Independence Trail Crossing. Three Rivers Park District is seeking $10,000 to assist with trail crossing assessment/ study of the Lake Independence Trail crossing at CSAH 6 to improve safety at this intersection. 3. City Participation. a. The overall project is estimated to cost $300,000. The cost of which would be shared three ways between the County, City and Park District so the City’s expected level of participation would be $100,000. As the project gets closer to fruition a joint agreement will be developed. b&c. No cost participation is required for the two safety studies 4. Recommendation. Staff recommends approval of the attached resolution and letters of support. COUNCIL ACTION REQUESTED Consider a motion to adopt the attached resolution supporting the Three Rivers Park District Grant application for the Dakota Trail Extension and letters of support for the Trail Crossing Study Grants. A RESOLUTION OF SUPPORT FOR THE DAKOTA RAIL REGIONAL TRAIL HENNEPIN COUNTY BIKEWAY GRANT REQUEST Whereas, Three Rivers Park District, Hennepin County and the City of Orono desire to complete a protected bikeway gap from the Dakota Rail Regional Trail to the Navarre Community along the west side of County Road 19 to Livingston Avenue; and Whereas, completion of the gap would provide a protected bikeway for trail users to safely access the city’s park and ride facility and commercial retail area; and Whereas, the City of Orono will provide up to 10 dedicated parking stalls for Regional Trail and City park parking in the City park and ride lot; and Whereas, the Park District is requesting grant funds from the Hennepin County Bikeway Grant Program for the completion of the connection; and Whereas, the City supports the Park District’s Hennepin County Bikeway Grant application and agrees to partner with Three Rivers Park District and Hennepin County on the project; and NOW, THEREFORE, BE IT RESOLVED that the City supports Three Rivers Park District’s Hennepin County Grant Application for construction of this protected bikeway along County Road 19 from the Dakota Rail Regional Trail to Livingston Avenue. Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held February 22, 2016. ATTEST: ________________________________ __________________________________ Diane Tiegs, City Clerk Lili Tod McMillan, Mayor February 22, 2016 Kelly Grissman Director of Planning Three Rivers Park District 3000 Xenium Lane North Plymouth, MN 55441 Dear Ms. Grissman: On behalf of the City of Orono, we wish to share our support of a trail crossing safety study on the Dakota Rail Regional Trail at Orono Orchard Road. The Dakota Rail Regional Trail crosses Orono Orchard Road just north of Shoreline Drive (County Road 15). Due to its proximity to County Road 15 (50 feet), vehicles are making many turn movements on and off Orono Orchard Road in the immediate area of the trail crossing. The crossing is approximately 55 feet long and trail users must contend with a multitude of these turn movements as they attempt to cross safely. Enhancing the safety of this crossing would directly benefit the citizens in our community and all trail users. Motorist in the area would also benefit from improvements at this intersection. As a long standing partner with Three Rivers Park District we support your efforts to improve the safety of the Dakota Rail Regional Trail in our community. Projects such as this are essential to making our city a place where people can choose to safely recreate, commute, and engage in physically active lifestyles. Thank you for considering this safety study and seeking funding for this project. If you have any questions, please contact me at Sincerely, Lili McMillan Mayor, City of Orono February 22, 2016 Kelly Grissman Director of Planning Three Rivers Park District 3000 Xenium Lane North Plymouth, MN 55441 Dear Ms. Grissman, On behalf of the City of Orono, we wish to share our support of a trail crossing safety study on the Lake Independence Regional Trail at County Road 6 (CSAH6). The Lake Independence Trail crosses county road 6 just east of the intersection with Old Crystal Bay Road. The county road 6 traffic does not stop at the trail crossing or road intersection. Due to vehicle speeds on at the crossing site getting across the road in a safe manner can be daunting; especial with children. In addition Old Crystal Bay road serves all of the Orono Schools and therefore the intersection with County road 6 is quite congested during prime school pick up and drop off times. Enhancing the safety of this crossing would directly benefit the citizens in our community, the Orono School District and all trail users. Motorist in the area would also benefit from improvements at this intersection. As a long standing partner with Three Rivers Park District we support your efforts to improve the safety of the Lake Independence Regional Trail in our community. Projects such as this are essential to making our city a place where people can choose to safely recreate, commute, and engage in physically active lifestyles. Thank you for considering this safety study and seeking funding for this project. If you have any questions, please contact me at Sincerely, Lili McMillan Mayor, City of Orono REQUEST FOR COUNCIL ACTION DATE: February 22, 2016 ITEM NO: 5 ______________________________________________________________________________ Department Approval: Administrator Reviewed: Agenda Section: Name Adam Edwards JML Public Works Director/ Title Public Works Director/City Engineer City Engineer’s Report ______________________________________________________________________________ Item Description: Seasonal Weight Restrictions _____________________________________________________________________________ Reference Resolution 6114, A resolution establishing seasonal weight restrictions on Orono Public streets, 2012 http://www.ci.orono.mn.us/vertical/Sites/%7BCBFC8FAF-C313-4854-A229- 98A3482257F0%7D/uploads/Weight_Limits_Reso_02-13-12.pdf Exhibit. a. Draft Seasonal Weight Restriction Resolution. 1. Purpose. The purpose of this Council action is to update the City’s seasonal weight restriction resolution. 2. Background. Each year during the spring thaw (typically early-March to mid-May), State, County and local highway authorities impose axle weight restrictions to protect their roadways. The two primary causes for premature deterioration of asphalt streets are weather and traffic. As the frost is leaving the ground during the spring thaw, the gravel under the street has high moisture content, which affects the load carrying capacity of the asphalt pavement. Therefore, in order to prolong the service life of the streets and highways, axle weight restrictions are imposed during the spring thaw when streets are most susceptible to damage due to heavy loads. Staff has updated the resolution regarding seasonal weight restrictions on Orono public city streets that was last adopted in February of 2012 by Resolution #6114. 3. Revisions. The revisions to the resolution include: • Removal of Watertown road, Orono Orchard Road and Willow Drive (North of Wayzata Blvd to County Road 6) from the 4 Ton axel limit. The 9 ton axel limit will remain in effect for these roads. • Rewording of the exceptions section of the resolution to make it more concise. 4. Recommendation. Staff is recommending approval of the attached resolution which will replace Resolution #6114. COUNCIL ACTION REQUESTED Consider a motion to adopt the attached resolution establishing seasonal weight restrictions on Orono public city streets. Page 1 of 2 A RESOLUTION ESTABLISHING SEASONAL WEIGHT RESTRICTIONS ON ORONO PUBLIC CITY STREETS Overview. The City of Orono ordains that axle weight limits are restricted on the following streets in the City of Orono to protect these streets from damage when road and weather conditions warrant in accordance with regulations as provided in Minnesota State Statutes Chapter 169.87. These weight restrictions are in effect during the spring thaw season. Streets may be posted for weight restrictions any time that road and weather conditions warrant weight limits to protect streets from damage. Notification. Impacted Streets will be signposted. The city follows MnDOT scheduling from imposing and removing spring road weight limit restrictions Dates are posted at - http://dotapp7.dot.state.mn.us/research/seasonal_load_limits/sllindex.asp or by calling (651) 366-5400 or toll free at 1-800-723-6543. These dates generally fall between March 1st and May 15th dependent on weather conditions. Exemptions. Exceptions to the seasonal load limits in Orono are made for emergency response vehicles, school buses and emergency utility repair vehicles/equipment. Refuse Collection. An exemption is provided for refuse collection vehicles to exceed the posted limits, except no refuse collections vehicles shall be operated during restricted times where the gross weight on any single axle exceeds seven tons. Utilities. An exemption is allowed for utility companies providing utility service within the City when responding to an emergency. An emergency response shall include power outages, gas leaks, emergency communication, and line down or severed, etc. Septic. An exemption to posted weight limits is also allowed for septic tank service companies, well drilling and service companies, and companies delivering fuel for heating purposes. An emergency response is limited to septic or sewer system failures posing an imminent threat to public health and safety, well failure resulting in loss of water supply, or lack of heating fuel. Process. All persons requesting an exemption to the posted weight limits for response to an emergency situation must notify the Orono Police Department Administrative Office. This notification must include a description and location of the emergency, the number and weight of vehicles responding to the emergency, and the route to be used to reach the emergency site. The City reserves the right to request supporting documentation of the nature and location of the emergency. All persons responding to emergency situations shall limit travel on seasonal weight restricted streets to the minimum distance required to reach the site from the closest road that is not subject to seasonal weight restrictions. The following streets are limited to a four ton axle per axle weight limit: Arbor Street Baldur Park Road Barrett Avenue Bayview Place Bederwood Drive Birch Lane Blaine Avenue Bohn’s Point Lane Bohn’s Point Road Brackett’s Point Road Briar Street Carman Road Carman Street Caroline Avenue Casco Avenue Casco Circle Casco Point Road Cherry Avenue Cherry Place Chevy Chase Drive Chippewa Lane Concordia Street Corral Road Country Club Road Crestview Avenue Crystal Avenue Crystal Bay Road Crystal Place Cygnet Place Dahl Road Dakota Avenue Dickenson Street Dickenson St. Alleys Dickey Lake Drive Dunwoody Avenue East Long Lake Road Eastlake Street Eileen Street Elm Lane Elm Street Elmwood Avenue Ethel Avenue Fagerness Point Road Fairview Cottage Lane Page 2 of 2 Farview Lane Ferndale Green Ferndale Road West Forest Arms Lane Forest Lake Drive Forest Lake Landing Fox Ridge Road Fox Street Frederick Street Garden Court Glendale Cove Lane Glendale Drive Grandview Avenue Hackberry Hill Hanlon Avenue Heritage Drive Heritage Lane High Lane Highwood Lane Highwood Road Hunter Drive Ivy Place Keene Avenue Kelly Avenue Kenwood Way Lafayette Ridge Court Lakeview Avenue Lakeview Terrace Leaf Street Linden Avenue Linden Lane Livingston Avenue Loma Linda Avenue Long Lake Boulevard Lydiard Avenue Lydiard Circle Lyman Avenue Lyric Avenue Maple Lane Maple Place Mapleridge Lane Minnetonka Avenue Minnetonka Highlands Lane Minnie Avenue Myrtlewood Road Navarre Avenue Navarre Lane North Arm Drive North Arm Drive West North Arm Lane Northern Avenue Oak Street Old Beach Road Old Long Lake Road Olive Avenue Orchard Beach Place Orchard Park Road Orono Lane Park Avenue Park Drive Park Lane Partenwood Lane Partenwood Road Pheasant Road Prospect Avenue Railroad Avenue Rest Point Circle Rest Point Lane Rest Point Road Russell Avenue Shevlin Drive Smith Avenue Spates Avenue Spring Hill Road Spruce Place Spruce Way Starkey Road Stubbs Bay Road (North of Watertown) Tamarack Drive Togo Road Tonka Avenue Tonkaview Lane Townline Road Turnham Road Union Cemetery Road Vine Place Wear Circle Wear Lane North Webb Street Webber Hills Road West Lafayette Road Westlake Street Wildhurst Trail Willow Drive (south of Long Lake) Willowbrook Road Windjammer Lane Woodhill Avenue The following streets remain at a nine ton axle per axle weight limit: Brown Road North Ferndale Road North Kelley Parkway McCulley Road Old Crystal Bay Road Orono Orchard Road Watertown Road Willow Drive (North of Wayzata Blvd to County Road 6) Stubbs Bay Road (South of Watertown Road) Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held February 22, 2016. ATTEST: ________________________________ __________________________________ Diane Tiegs, City Clerk Lili Tod McMillan, Mayor REQUEST FOR COUNCIL ACTION DATE: February 22, 2016 ITEM NO: 6 ____________________________________________________________________________________ Department Approval: Administrator Reviewed: Agenda Section: Name Adam Edwards JML Public Works Director/ Title Public Works Director/City Engineer City Engineer’s Report ____________________________________________________________________________________ Item Description: Northern Utilities Buildout Engineering ____________________________________________________________________________________ List of Exhibits: A. Resolution 6530 B. Sewer and Water Petition Letter, Lake West LLC, December 22, 2015. C. Bolton and Menk Engineering Fee Proposal 1. Purpose. The purpose of this Council action is Council approval to commence engineering and design of water and sewer utilities along CSAH 112 west from Old Crystal Bay Road. 2. Situation. Developers are engaged in planning projects along the western portion of CSAH 112. The area is divided into three parcels with developers actively interested in the two end parcels. There are currently no plans to develop the center parcel, Dumas Orchards. The Community Management Plan (CMP) calls for these areas to be serviced with municipal water and sanitary sewer. Currently water and sewer service only extends westward to the corner of Old Crystal Bay Road and CSAH 112. In July 2015 the Council passed Resolution 6530 (Exhibit A) outlining the City’s plan for funding and distributing the cost of the project to the benefiting properties. At the January 7, 2016 Council meeting Lake West LLC, developer for 3245 Wayzata Blvd (former Eisinger Property) petitioned the City to begin extension of sewer and water lines to serve this site in anticipation of gaining final plat approval in late spring of this year (Exhibit B). 3. Costs. a. Overall Project Cost. The estimated cost of the provision of sewer and water mains along CSAH 112 is: Municipal Water Sanitary Sewer Total $501,995 $ 701,801 $1,203,796 b. The engineering proposal from Bolton and Menk is not to exceed $149,500. (Exhibit C) 4. Funding Mechanism. The funding mechanism outlined in Resolution 6530 has the City funding the projects and then charging the developers for their portion as each development reaches the final plat stage. 5. Proposed Way Forward. In order to have the utilities in place down to the Eisinger property by the end of the 2016 construction season, engineering and design needs to begin as soon as possible. Staff therefore proposes the following: 2 a. The City Council authorize Bolton and Menk to begin engineering and design upon receipt of an escrow from the Eisinger developer in the amount of $47,369 which is equal to the proportion of the engineering fees attributable to that development using the same proportions outlined in the Resolution 6530 for the entire project. b. Upon Final Plat for the Eisinger Development the City Council would consider authorizing staff to solicit bids for the construction of the sewer and water extensions. COUNCIL ACTION REQUESTED: Consider a motion to approve engineering proposal from Bolton and Menk of not to exceed $149,500 to commence upon the receipt of an escrow from Lake West LLC in the amount of $47,369 for the design and engineering of the sewer and water main extensions along CSAH112/Wayzata Blvd.. REQUEST FOR COUNCIL ACTION DATE: February 22, 2016 ITEM NO: 7 _____________________________________________________________________________________________ Department Approval: Administrator Reviewed: Agenda Section: Name Adam Edwards JML Public Works Director/ Title Public Works Director/City Engineer City Engineer’s Report ____________________________________________________________________________________ Item Description: Watertown Road Phase 2 ________________________________________________________________________________________________________ List of Exhibits A- Street Drawing B- Design and Specifications (on CD) 1. Purpose. The purpose of this action item is to update the Council on the design, presented by Bolton and Menk, for Water Town Road Phase 2 and authorize the solicitation of bids for the project. 2. Background. On May, 20th 2014 Bolton & Menk presented a feasibility study for the rehabilitation of Watertown and Stubbs Bay Road. In 2014 the Council decided to phase the project over multiple years and approved reconstruction of Phase 1 which included Watertown Road from Stubbs Bay Road to Old Crystal Bay Road. Phase 1 was substantially completed in 2015. On September 28th, 2015 the Council approved the engineering and design of Phase 2 of the project. Phase 2 of the project includes Watertown Road from Turnham Road to Stubbs Bay Road and Old Crystal Bay Road to Long Lake City limits. In January the City held an open house for the project. Also in February the State’s MSA Engineer completed review of the design. Final County and State approvals are expected within the next couple weeks. 3. Scope of Work. This phase of the project will consist of the reclamation of the bituminous pavement, select subgrade corrections, and the replacement / improvement of the associated Stormwater system. The project consist of two sections which abut the section of Watertown Road that was reclaimed in 2015. a. Section 1. Watertown Road from Turnham Road to Stubbs Bay Road b. Section 2. Watertown Road from Old Crystal Bay Road to Long Lake City Limits 4. Cost. The estimated cost for the project is $1,509,283. 5. Funding. The project will be funded with a combination of Municipal State Aid funds and the Storm Water Fund. Fund Total Est. Fund Balance MSA construction $ 1,167,350 $ 1,184,914 Storm Water Fund $ 252,433 $ 1,077,861 Pavement Fund $ 89,500 $ 460,908 Total $ 1,509,283 7. Timing. Advertise for Bids ...................................................................................................... March, 2016 Open Bids/ Award........................................................................................................ April, 2016 Construction …………………………………………………………………….….Summer 2016 COUNCIL ACTION REQUESTED: Move to authorize the solicitation of Bids for the project. TURNHAM RD O R C H A R D P A R K R D S T U B B S B A Y R D N KINTYRE LA C H R I S T I N E D R MCCULLEY ROAD / CSAH 6WATERTOWN R O A D W A T E R T O W N R O A D KINTYRE LALEAF STCYGNET PL CRYSTAL WEAR LA C O P P E R V I E W D R GOLDEN VIEW DR WILLOW DR N M A P L E L A WA T E R T O W N R O A D W A T E R T O W N R O A D OLD CRYSTAL BAY ROAD NORTH CRE E K R O A D W A T E R T O W N R O A D P H A S E 2 F I G . 1 C I T Y O F O R O N O Bolton & Menk, Inc. 2014, All Rights Reservedc P R O P O S E D S T R E E T R E H A B I L I T A T I O N - 2 0 1 6 L E G E N D 2 0 1 6 R O A D R E C L A M A T I O N P R O J E C T W I L L M A R , M N C H A S K A , M N R A M S E Y , M N M A P L E W O O D , M N M A N K A T O , M N F A I R M O N T , M N S L E E P Y E Y E , M N B U R N S V I L L E , M N B A X T E R , M N R O C H E S T E R , M N A M E S , I A S P E N C E R , I A FEETSCALE 0500250H:\ORNO\C13110827\CAD\C3D\SHEETS\110827_MNDOT REQUEST.DWG10/26/2015 1:09 PM C O M P L E T E D S T R E E T R E H A B I L I T A T I O N - 2 0 1 5 REQUEST FOR COUNCIL ACTION DATE: February 22, 2016 ITEM NO.: 8 ______________________________________________________________________________ Department Approval: Administrator Reviewed: Agenda Section: Name Scott Oberaigner JML Public Works Director/ Title Public Works Supervisor City Engineer’s Report ______________________________________________________________________________ Item Description: Re-roofing of Salt Shed Roof (2700 Kelley Parkway) and Navarre Water Treatment Plant Garage Roof (2345 Blaine Ave.) ______________________________________________________________________________ List of Exhibits A. Bid Tabulation. 1. Purpose. The purpose of this action item is to gain approval to proceed with re-roofing the salt shed and Navarre garage roofs. 2. Background. Both buildings are experiencing shingle failures due to curling shingles. The shingles that were applied to both roofs are organic shingles and are past the life expectancy and need replacement. The Navarre Water Treatment Plant garage roof was installed in 1984. The salt shed roof was last re-shingled in 1998. 3. Project Scope. On both structures- tear off and dispose of old shingles, apply ice and water as needed, apply 15# felt to rest of roof, and apply shingles. 4. Cost. The lowest quote from a qualified contractor was $10,562.00 from GC Builders. 5. Funding. The projects are budgeted in the CIP against the Improvement/Equipment Outlay Fund for the salt shed roof and Sewer Fund to pay for the Navarre Water Treatment Plant roof. Project Fund CIP Budget Proj Fund Yr End Balance Salt Shed roof Improvement/Equipment Outlay fund $ 10,000.00 $ 510,137.00 Navarre Garrage Sewer Fund $ 10,000.00 $ 1,704,972.00 COUNCIL ACTION REQUESTED Consider a motion to accept the quotation in the amount of $10,562.00 from GC Builders for reroofing of salt shed roof and Navarre Water Treatment Plant Garage roof. Exhibit A. Quote Tabulation Contractor Salt Shed Navarre Garage Total Quote GC Builders $ 6,691.00 $ 3,871.00 $10,562.00 Allied construction $ 7,250.00 $ 4,250.00 $11,500.00 Artic Construction, Inc $ 7,975.00 $ 4,890.00 $12,865.00 REQUEST FOR COUNCIL ACTION DATE: February 22, 2016 ITEM NO: 9 ____________________________________________________________________________________________ Department Approval: Administrator Reviewed: Agenda Section: Name Adam Edwards JML Public Works Director/ Title Public Works Director/City Engineer City Engineer’s Report ____________________________________________________________________________________ Item Description: Approve Rehabilitation of Lift Station 24 (3982 Dahl Rd) and Grinder Station 6 (1446 Shoreline Dr) _____________________________________________________________________________ List of Exhibits A. Bid Tabulation. 1. Purpose. The purpose of this action item is to gain approval to proceed with Lift/Grinder Station Rehabilitation projects for 2016. 2. Background. The Sewer Department has developed a maintenance plan for the 46 lift/grinder stations that are part of the sewer system. As part of the plan, each station is inspected annually to identify routine maintenance needs. In addition to routine maintenance, the plan also includes the upgrade of two lift stations per year. The lift stations that are upgraded are selected based on a number of factors: age, maintenance records, issues discovered during the annual inspection and the risks associated with the failure of the lift station. Lift Station 24 (3982 Dahl Rd) was reconstructed in 1973 and Grinder Station 6 (1446 Shoreline Dr) was constructed in 1980 and both lift/grinder stations surpassed their life expectancy. Maintenance costs are increasing due to their age and the outdated technology of the controls and pumps. 3. Project Scope. Installation of new control panels, two new pumps per station, discharge piping and all electrical work. 4. Cost. The lowest quote from a qualified contractor was $68,230 from Quality Flow Systems Inc. Quality Flow Systems Inc. 5. Funding. This project will be funded through the Sanitary Sewer Enterprise Fund. Project Fund CIP Budget Proj Fund Yr End Balance LS 24 Sewer Fund $ 53,000.00 $ 1,704,972.00 GS 6 Sewer Fund $ 53,000.00 $ 1,704,972.00 COUNCIL ACTION REQUESTED Consider a motion to accept the quote in the amount of $68,230.00 from Quality Flow Systems Inc for the upgrade of LS 24 and GS 6 REQUEST FOR COUNCIL ACTION Exhibit A. Quote Tabulation Contractor LS 24 GS 6 Total Quote Quality Flow Systems Inc $ 38,390.00 $ 29,840.00 $ 68,230.00 RDM Municipal Supply and Service, Inc $ 42,700.00 $ 33,500.00 $ 76,200.00 Kriha Electric, LLC $ 45,569.00 $ 37,238.00 $ 82,807.00 ORONO POLICE DEPARTMENT REQUEST FOR COUNCIL ACTION Date: February 22, 2016 Item No: 10 ________________________________________________________________________ Department Approval: Administrator Reviewed: Agenda Section: Name: Correy Farniok JML Public Safety Title: Police Chief ________________________________________________________________________ Item Description: Ordinance Amendment – Big Island Nature Park ________________________________________________________________________ List of Exhibits: A – Ordinance Amendment – Section 22-116 ________________________________________________________________________ DISCUSSION: The Police Department has enforcement authority over Big Island Nature Park. However, during the winter months we have received several complaints of snowmobiles driving around the Park. Current ordinance prohibits motor vehicles and snowmobiles. The Orono Police Department does not have snowmobiles or other vehicles to enforce this ordinance and we have asked the Hennepin County Sheriff Office (HCSO) to assist us with enforcement. The HCSO utilizes special deputies to assist them with enforcement activities. The proposed amendment adds HCSO deputies and Special deputies, Three Rivers Park Police and MN Department of Natural Resources (DNR) to have jurisdiction to enforce any violation of these rules and any state or local laws which occur on park property. COUNCIL ACTION REQUESTED: Consider motion to approve the ordinance amending section 22-116. ORDINANCE NO. ___, THIRD SERIES CITY OF ORONO HENNEPIN COUNTY, MINNESOTA AN ORDINANCE AMENDING THE ORONO MUNICIPAL CODE BY AMENDING SECTION 22-116 REGARDING AUTHORITY FOR LAW ENFORCEMENT AT BIG ISLAND NATURE PARK THE CITY COUNCIL OF ORONO ORDAINS: SECTION 1. Section 22-116 of the City of Orono Municipal Code is hereby amended by revising the language of Section 22-116(b) as follows: Sec. 22-116. - Enforcement. (a) Compliance required. All persons shall comply with the park signs and markers installed by the City of Orono or Minnehaha Creek Watershed District. (b) Enforcement authority. Designated city officials and law enforcement authorities including, but not limited to Hennepin County Sheriff Office Deputies and Special Deputies, Three Rivers Park Police and Department of Natural Resources, shall have the jurisdiction to enforce any violation of these rules and any state or local laws which occur on park property. (c) Violation a misdemeanor. Any infraction of a duly adopted park rule constitutes a misdemeanor and is punishable by law. (d) Permit revocation. The city shall have the right and authority to immediately revoke for good cause any permit issued for use of the park. SECTION 2. EFFECTIVE DATE: This ordinance shall take effect immediately upon its passage and publication. ADOPTED this ___ day of _____________, 2016 on a vote of __ ayes and __ nays by the City Council of Orono, Minnesota. ATTEST: ______________________________ _____________________________ Diane Tiegs, City Clerk Lili Tod McMillan, Mayor Ordinance published in The Laker and The Pioneer newspapers the week of ___________, 2016. Date Application Received: 12/16/15 Date Application Considered as Complete: 12/30/15 60-Day Review Period Expires: 02/28/16 REQUEST FOR COUNCIL ACTION DATE: February 22, 2016 ITEM NO: 11 Department Approval: Administrator Reviewed: Agenda Section: Name Jeremy Barnhart JML Planning Title Community Development Director Item Description: TCO Design, 2380 Shadywood Road – Rezoning and Conditional Use Permit Application Summary At its meeting on February 8, 2016, the City Council denied the rezoning and conditional use permit for a proposed comprehensive care facility at 2380 Shadywood Road (former Snyder Drug). The resolution formally denying the applications, with pertinent findings of facts, is attached for adoption. Action Requested: Staff recommends adoption of the resolution as drafted. List of Exhibits: Exhibit A. City Council draft minutes, February 8, 2016 Exhibit B. City Council packet dated February 8, 2016 Exhibit C. Resolution MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, February 8, 2016 7:00 o’clock p.m. _____________________________________________________________________________________ Page 1 of 5 10. #16-3802 TCO DESIGN, 2380 SHADYWOOD ROAD – REZONING AND CONDITIONAL USE PERMIT Barnhart stated the applicants are proposing rezoning and a conditional use permit in order to renovate the existing building at 2380 Shadywood Road into a comprehensive care facility. The facility is similar to a nursing home and would provide care for patients discharged from the hospital but requiring a greater level of care than can be provided for at home. Nursing and related services would be provided for up to 22 patients, housed in separate rooms. External modifications include the addition of windows to the north and east elevations. The Planning Commission did review the rezoning request at their meeting in January. The Comprehensive Plan identifies this subject property as a potential for mixed use in addition to the other commercial uses that are appropriate for this area. Barnhart stated the mixed use would allow for additional uses in this district. The Planning Commission recommended approval of the rezoning request from B-5 to B-4. As it relates to the conditional use permit, the use being proposed is similar to a nursing home facility. The patients’ rooms would be around the perimeter of the building and there would be a chapel and a kitchen in the center. Barnhart stated as it relates to mixed use in the Navarre area, the Comprehensive Plan identifies several areas for potential mixed use. The thinking behind the mixed use was to provide opportunities for the City to meet the density goals of the Metropolitan Council. Barnhart noted this type of facility would not be considered mixed use since the individual patient rooms do not have their own kitchen. In addition, the Comprehensive Plan does not go into detail in regards to the mixed use but it does state that nursing homes are an appropriate use in the B-4 district. Barnhart displayed a map depicting the B-5 and B-4 districts in the City. Barnhart stated from a property standpoint, the building is not big enough to subdivide into smaller units but is large enough to accommodate this use with its own parking. Barnhart stated any higher intensity use would likely impact some of the adjacent residential areas from a traffic noise and activity standpoint. The Planning Commission also recommended approval of the conditional use permit at their meeting in January. Barnhart stated the applicant would be able to answer any questions the Council may have. Todd Ofsthun, TCO Design, stated this building is a good size for what they are proposing and is in a good location. It would make for a good transition from the residential to the commercial facility. Ofsthun indicated there would be staff on duty 24/7. The type of activity being proposed is typically very quiet and would help bring people into the Navarre area. In addition, the property will be landscaped and the building will be brought up to code and maintained. Ofsthun stated the improvements will help the overall neighborhood. Ofsthun stated the majority of the parking would all be located in the front along Shadywood and that they would be very comfortable with keeping the easement there for the Culvers Restaurant. Exhibit A CC minutes 2/8/16 draft MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, February 8, 2016 7:00 o’clock p.m. _____________________________________________________________________________________ Page 2 of 5 10. #16-3802 TCO DESIGN, 2380 SHADYWOOD ROAD – REZONING AND CONDITIONAL USE PERMIT (continued) Any deliveries would be made to the back of the building during the day. The window in the rear would be removed to eliminate the drive-through service. Roman Bloemke, Chief Operations Manager for Welcome Home Management Company, stated the company is based out of Hutchinson, Minnesota, and employ approximately 400 employees. Welcome Home manages 11 other properties through Minnesota and two in Wisconsin. The intent for this property is more memory care, which will work well in a small environment like this. The smaller facility allows for it to have more of a family-oriented feel to it. McMillan asked what attracted them to this site and this community. Bloemke stated this particular location is nice given its visibility and the size of the building. McMillan stated she did look at the Welcome Home website and that their other facilities appear to be more home-based. McMillan stated this building reminds her more of an acute care facility rather than a family-oriented assisted living center. McMillan stated she is having a hard time visualizing this to be more of a group or family-oriented type of facility. Bloemke stated there are a number of options they can incorporate into the remodeling and that this use would complement the community. Bloemke stated what is inside the building is what matters, such as the employees and the amenities. The building is also fairly new and should not have any structural problems. McMillan noted there will not be a lot of common space outside of the patient’s individual room. Bloemke stated they would utilize the main area for more than just dining and that they would also use it for social gatherings and group activities. There are also some spa areas that the patients can use. Bloemke stated the circle design enables them to work better with the patients as well, with some natural light coming in from the front. Levang noted at the Planning Commission meeting it was said that one-third will be a swing bed/rehab and two-thirds would be memory care. Bloemke stated the mix will vary greatly depending on the type of people that come in and will fluctuate over time. Bloemke stated they are seeing an increase in people with memory loss and that will likely be the majority of their patients. Levang noted rehab and memory care are two very different services with different regulations and staff requirements. Levang asked how they are planning to manage that. Bloemke stated Welcome Home would run the home health agency that would be running the facility and would hold the license. A third party would be contracted to perform the rehab work and provide the necessary staff. Bloemke stated Welcome Home would deal with the home health portion of the care, such as staff and medications, but the family would hire any physical therapists. Bloemke stated there would be an agreement with that company to provide those specific services. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, February 8, 2016 7:00 o’clock p.m. _____________________________________________________________________________________ Page 3 of 5 10. #16-3802 TCO DESIGN, 2380 SHADYWOOD ROAD – REZONING AND CONDITIONAL USE PERMIT (continued) McMillan noted there is another facility in Orono that has a memory care piece to it but it is a dedicated wing, with the assisted living portion being a separate wing with its own security. McMillan asked how memory care would fit in with the comings and goings associated with the rehab services. Bloemke stated when it comes to the rehab portion, it likely would be more long-term patients and that they have not experienced problems with it at their other facilities. Bloemke stated the facility would be locked 24 hours a day and that there would be a call system in place that would allow the residents to contact Staff. McMillan asked whether there would be any outdoor space. Bloemke stated he would leave that up to the designers and that the triangle area might be appropriate for that. Bloemke stated that area would also be fenced to prevent the patients from wandering out. McMillan noted the Council would need to know the specifics of that before the application goes forward much further. Cornick asked how many employees they anticipate hiring. Bloemke stated there would be between 20 to 25 employees depending on the full-time versus part-time structure. Bloemke stated the intent is to have a registered nurse on staff as well as CNAs. McMillan asked if the City would lose the mixed use opportunity if the zoning is changed from B-5 to B-4. Barnhart stated they would not since they would not be changing the land use. Barnhart stated the Planning Commission did discuss the outdoor space very briefly and that the center area was felt to be the best spot for that. Barnhart indicated Staff will discuss that with the applicant as this application moves forward. At this time Staff is looking to see whether there is support for the rezoning and the conditional use permit and would draft a resolution based upon the Council’s direction. Barnhart stated if the Council does not feel this use is appropriate for this site, they should recommend denial. Printup stated he has looked at this corner of Navarre as more commercial rather than mixed use or assisted living. Printup noted on Page 6 of Staff’s report, Item No. 11 talks about how three of the four sides are commercial, with a little wetland area. Printup stated in his view this lot is not compatible for a memory care facility. Printup moved, Walsh seconded, to deny the rezoning request by TCO Design for 2380 Shadywood Road. Walsh stated he would echo Council Member Printup’s comments. Walsh stated from a standard land use planning perspective, he has to look at the long-term vision for Navarre, and from that standpoint, when the building is located at a main corner of an intersection, it should be more high retail. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, February 8, 2016 7:00 o’clock p.m. _____________________________________________________________________________________ Page 4 of 5 10. #16-3802 TCO DESIGN, 2380 SHADYWOOD ROAD – REZONING AND CONDITIONAL USE PERMIT (continued) Walsh noted the B-5 district is intended to provide a district for businesses that supply commodities or perform a service primarily for the residents in the surrounding neighborhood. The B-4 district allows office use for which there is limited contact with the public. Walsh stated in his view, the memory care facility is a destination use and that the lot is not a destination site. Walsh stated the memory care facility will not really benefit the residents in the immediate area. If the zoning is changed to B-4, outpatient clinics would also be allowed. Walsh stated the building also abuts residential neighborhoods and is within a block of the trail system where a number of children and adults congregate on during the warmer months. Walsh stated the potential for other uses at this site if it is rezoned is not compatible with the adjacent residential areas. McMillan stated she agrees that this site should stay more commercial and have a use that would better serve the area. Levang stated she finds the B-5 zoning appropriate for this property and what she envisions for this site going into the future. Todd Osfthun noted the building has been empty for ten years and that clearly there is something that is missing and that the zoning might be wrong for the site. Osfthun stated the City should look into why they cannot find someone to purchase the property. Osfthun stated they have an investment group that is willing to put some money into the facility and improve the site, which will be a great addition to the neighborhood. Osfthun stated in his view the City Council should reconsider their decision and ask how much longer the building will remain empty. Osfthun stated they are also requesting a conditional use permit, which means that another type of use cannot simply step into the building. Walsh noted an outpatient clinic is a permitted use in the B-4 district. Walsh stated there are a lot of reasons why buildings sit empty and that it is better not to make a wrong long-term decision. Walsh stated in his view the B-5 zoning is appropriate for this site and that if the rezoning is changed, the City could end up with a business that is not good for the neighborhood long-term. Osfthun noted there is other B-4 zoning in the area and that this is the only spot that is zoned B-5. Cornick asked if the Freshwater Institute is zoned B-5. Barnhart indicated it is zoned B-4. Barnhart pointed out the areas zoned B-4 on the overhead. McMillan asked if anyone from the public would like to comment on this application. Loren Fritz, 3845 North Shore Drive, stated he moved to the community in 1968 and that his reason for coming tonight is that he noticed there was some activity going on at this corner and that he wanted to comment that it is positive someone was considering moving into this location. Fritz indicated he would be in support of something going in there and that it would benefit the Navarre community. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, February 8, 2016 7:00 o’clock p.m. _____________________________________________________________________________________ Page 5 of 5 VOTE ON THE MOTION: Ayes 4, Nays 1, Cornick Opposed. Mattick noted the motion was to deny the rezoning and that there should be another motion denying the conditional use permit. Printup moved, Levang seconded, to deny the conditional use permit request by TCO Design for 2380 Shadywood Road. VOTE: Ayes 4, Nays 1, Cornick Opposed. ADJOURNMENT Walsh moved, Cornick seconded, to adjourn the Orono City Council meeting at 10:41 p.m. VOTE: Ayes 5, Nays 0. ATTEST ___________________________________ _______________________________________ Diane Tiegs, City Clerk Lili Tod McMillan, Mayor Date Application Received:  12/16/15  Date Application Considered as Complete: 12/30/15  60‐Day Review Period Expires:   02/28/16      REQUEST FOR COUNCIL ACTION    DATE:  February 8, 2016  ITEM NO:         10  Department Approval:  Administrator Reviewed:  Agenda Section:  Name  Jeremy Barnhart  JML    Planning   Title     Community Development Director          Item Description:  TCO Design, 2380 Shadywood Road – Rezoning and Conditional Use Permit  Application Summary  The applicants propose to renovate the existing building at 2380 Shadywood Road (former  Snyder Drug) for a ‘comprehensive care facility’.  The facility, similar to a nursing home, would  provide care for patients discharged from the hospital, but requiring care at a level greater than  can be provided at home.  Nursing and related services would be provided for up to 22 patients,  housed in separate rooms.  External modifications include the addition of windows to the north  and east elevations.      To permit the use, the applicants also request a zone change of the property to B‐4, from B‐5.   The uses of each zoning district are attached in Exhibit C.  A nursing home is a conditional use in  B‐4.  The Comprehensive Plan suggests the property might be appropriate for mixed use (senior  living, apartments, condominiums), in addition to the commercial designation.  Rezoning to B‐4  is consistent with the commercial designation, however, the use is not considered mixed use.      Planning Commission Recommendation  The Planning Commission reviewed the application at their meeting on January 19th.  The  Commission discussed the maximum number of patients, outdoor activities, traffic, security and  other items, ultimately recommending approval of both the rezoning and conditional use  permit applications in 6‐0 votes, with the conditions suggested by staff.  From the public  hearing, one person questioned the screening of the mechanical units, the applicant noted that  no new units are anticipated.      Post Commission discussion  After the Commission meeting, a number of questions from the public were raised, in particular  questions related to management, as well as some internal design related comments.  The  applicant responded to those in the attached Exhibit B.  To summarize, Welcome Home  Management Company will manage the facility.  They operate 11 similar facilities, employing  over 400 staff.  In their 22 years, they have developed floor plans that address the space needs  of their services.  A representative from Welcome Home Management Company is expected to  attend Monday’s meeting in order to answer any questions posed by the Council.  Sites are  located in Baxter, Breckenridge, Hector, Hutchinson, New Ulm, Nisswa, Red Wing, Sartell, and  Moorhead.      Planning Staff Recommendation  The rezoning question is a policy one; does the Council support redevelopment of the property  into mixed use or is the commercial use of the property more appropriate.  If the Council  desires mixed use, the rezoning application should be denied.    Should the Council support the rezoning, staff recommends approval of the conditional use  permit, with the following conditions:  1. Based on plans dated December 16, 2015  2. All roof mounted mechanical units shall be screened from the Co Rd 19/15  intersection  3. Landscaping shall be installed prior to occupancy  4. All required licenses shall be maintained.    Action Requested: Council should consider directing staff to draft a resolution reflecting your decision.  List of Exhibits:  Exhibit A. Planning Commission packet dated January 19, 2016  Exhibit B. Additional Information   Exhibit C. B‐4 and B‐5 zoning uses  Exhibit D. Draft Planning Commission minutes, January 19, 2016  Exhibit E. Welcome Home Management website  Page 1 of 3 181174v2 A RESOLUTION DENYING A REZONING TO B-4 OFFICE/ PROFESSIONAL FOR THE PROPERTY AT 2380 SHADYWOOD ROAD AND A CONDITIONAL USE PERMIT FOR A NURSING HOME FILE #16-3802 WHEREAS, the City of Orono is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, pursuant to State Statutes 412 et. seq. and 462 et. seq., the City Council of the City of Orono has adopted zoning regulations for the protection of the public health, safety and general welfare; and WHEREAS, Paul Agre Company (hereinafter the “Owner”) is the owner of the property located at 2380 Shadywood Rd within the City of Orono (hereinafter “the City”) and legally described as follows: Lots 19, 20, 21 and 22 Wiley's Navarre Addition, Lake Minnetonka, according to the recorded plat thereof, and situate in Hennepin County, Minnesota and that part of lot 5, Block 3, Townsite of Langdon Park, described as follows: beginning at the northeasterly corner of said lot 5; thence northwesterly along the northerly line of said lot 5 to the northeasterly line of the public highway running across said lot 5 and known as Minnetonka Lake Park and Maple Plain Road (now County Road No 19); thence southeasterly along the northeasterly line of said road to the easterly line of lot 5; thence northerly along the easterly line of said lot 5 to the point of beginning, according to the recorded plat thereof, and situate in Hennepin County, Minnesota including adjacent 1/2 of vacated street (hereinafter “the property”); and WHEREAS, Todd Ofsthun of TCO Design (hereinafter the “applicant”) on behalf of the Owner on December 16, 2015 submitted a formal application for an amendment of the City of Orono Zoning Ordinance to allow property guided for Commercial and Mixed Use to be rezoned from B-5 Limited Neighborhood Commercial to B-4 Office/ Professional WHEREAS, Applicant on December 16, 2015 submitted a formal application for a Conditional Use Permit to allow property to be used for a Comprehensive Care Facility, a use similar to Nursing Home, (collectively, applications); and Page 2 of 3 181174v2 WHEREAS, after due published notice and mailed notice in accordance with Minnesota Statutes and the Orono, City Code, the Orono Planning Commission held a public hearing on January 19, 2016, at which times all persons desiring to be heard concerning this applications were given the opportunity to speak thereon; and WHEREAS, on January 19, 2016 the Planning Commission voted 6-0 to approve the applications; and WHEREAS, the Orono City Council reviewed the application and accepted additional comments by the applicants and the public at its regular meeting held on February 8, 2016; and WHEREAS, the City Council has reviewed the applications; the findings and recommendations of the Planning Commission; reports by City staff; and the comments submitted by the applicants as well as those received from members of the public. NOW, THEREFORE, BE IT RESOLVED that the City Council of Orono, Minnesota hereby denies the requested rezoning and Conditional Use Permit to allow the development of a Nursing Facility (Comprehensive Care Facility) based on one or more of the following findings of fact concerning the Property: 1. The analysis contained within staff memos dated January 19, 2016 and February 8, 2016; and the exhibits attached to the aforesaid memos, all minutes from these meetings; and any and all other materials distributed at these meetings are hereby incorporated by reference. 2. The Property is located in an area where the City, through the current zoning, is trying to promote traditional retail operations rather than office and other professional businesses. 3. The B-5 zoning district is intended to provide opportunity for businesses that supply commodities or perform a service primarily for residents in the surrounding neighborhood. The proposed use is more regional in nature. 4. The B-4 zoning district is intended for office and professional businesses, primarily administrative offices, with limited contact with the public. The Property is located in a high visibility, high traffic area best suited to convenience retail, not destination businesses. The proposed use is considered by the Council a destination business. 5. The Property is currently appropriately zoned B-5 Limited Neighborhood Commercial. Page 3 of 3 181174v2 6. The Property is located in an area the city envisions as a downtown, and the proposed nursing facility is inconsistent with this goal. 7. The rezoning of the Property could allow uses not appropriate for the property, given its location adjacent to residential, and its proximity to the Dakota Rail trail, including Clinics for human care on an out-patient basis only. 8. Rezoning the property from B-5 to B-4 creates more intense uses than is currently allowed and may have negative impacts on the surrounding properties. Adopted by the City Council of the City of Orono on this __th day of ________, 2016. ATTEST: ____________________________________ ________________________________ Diane Tiegs, City Clerk Lili Tod McMillan, Mayor Date Application Received: 12/15/15 Date Application Considered as Complete: 12/15/15 60-Day Review Period Expires: 2/13/16 (Suspended pending DNR comments) REQUEST FOR COUNCIL ACTION Date: February 18, 2016 Item No.: 12 ______________________________________________________________________________ Department Approval: Administrator Approval: Agenda Section: Name: Michael P. Gaffron JML Planning Dept. Title: Senior Planner _____________________________________________________________________________________ Item Description: #16-3800, Whitney & Betty MacMillan and Conley & Carol Brooks 1560 & 1640 Fox Street - Easement Vacation & Rededication - Resolution _____________________________________________________________________________ List of Exhibits: A – Resolution Approving Easement Vacation B – Notice of Planning Commission Action 1/22/16 C – Planning Commission Minutes 1/19/16 D – Planning Commission Memo & Exhibits dated 1/14/16 Please review the Planning Commission memo and exhibits. Applicants are in the process of completing a lot line rearrangement by which the Brooks property at 1640 Fox Street will acquire a 1-acre portion of the MacMillan property, increasing the Brooks property to 4.4 acres and reducing the MacMillan property to 10.1 acres. This lot line rearrangement meets established criteria for administrative approval based on discussions with the City Attorney. However, an existing Drainage and Utility (D&U) easement along the existing shared lot line is proposed to be vacated, and applicants propose to replace that easement along the new shared lot line. A condition of the Planning Commission’s approval recommendation for easement vacation was receipt of comments from the MN DNR, as the easement being vacated is near a public water. The MN DNR has since responded, indicating that they have no comment, hence the vacation can move forward. The public utility companies were notified of the proposed vacation in early January, and the only one responding indicated no objection to the vacation. There are no existing utilities in the easement and it does not function as a drainage way. Staff Recommendation Application Summary: Vacation of an existing Drainage and Utility Easement along an existing lot boundary, and dedication of a replacement easement along a proposed new property boundary. Planning Commission Recommendation: On January 19, Planning Commission voted 6-0 to recommend approval of the easement vacation and rededication of a replacement easement. Staff Recommendation: Planning Department Staff recommends approval. Staff recommends adoption of the attached resolution entitled A Resolution Vacating a Drainage and Utility Easement within Lot 2, Block 1, MacMillan Addition, Hennepin County, Minnesota - File No. 16-3800. Establishing Polling Location REQUEST FOR COUNCIL ACTION DATE: February 22, 2016 ITEM NO: 13 Department Approval: Administrator Reviewed: Agenda Section: Name Diane Tiegs JML City Administrator's Title City Clerk Report Item Description: Establish New Polling Place Location for Precinct 2 Attachments: Exhibit A – Resolution Exhibit B – State Statute 204B.16 Polling Places; Designation. Exhibit C – Precinct Boundary Map Showing Old and New Precinct 2 Locations Background Gray Freshwater Center, located at 2500 Shadywood Road, has been the designated polling place location for Precinct 2 voters. Due to the possible sale of the property the City of Orono is unable to the use the facility for Election Day activities. Requirements for Polling Places State Statute 204B.16 (see attached) specifies the requirements for polling places and their designation. The following criteria was used by staff to identify potential polling place locations to replace Gray Freshwater Center: 1. Is it within the boundaries of the precinct or within one mile of one of those boundaries? 2. Is it accessible to and usable by the elderly and individuals with disabilities? Does it comply with the standards specified in the State Building Code for accessibility by handicapped persons? Is there at least one handicapped parking space available near the accessible entrance? 3. Is the space of sufficient size to accommodate all election activities? 4. Is the space separated from other activities within the building? 5. Is there sufficient parking? 6. Are there sufficient facilities to accommodate judges who will be working the entire day? 7. Are intoxicating liquors or non-intoxicating malt beverages served in the facility or any adjoining room(s)? Public facilities that are available within the Precinct 2 boundaries or within one mile of those boundaries are very limited. After reviewing two potential locations, which included International Ministerial Fellowship and Good Shepherd Lutheran Church to establish a polling location to replace the Freshwater Center, Staff determined that Good Shepard Lutheran Church was the best option for Precinct 2. Establishing Polling Location Notification of Change in Polling Place Location State Statutes require that designation of a new or different polling place must become effective by May 10, 2016 (no less than 90 days prior to an election) and that every affected household with at least one registered voter in the precinct be mailed a notice stating the location of the new polling place at least 25 days before the next election. Staff will work with Hennepin County and the Secretary of State’s Office to coordinate a mailed notice to be sent in early July to the affected voters. Staff Recommendation Staff recommends that Good Shepard Church located at 3745 Shoreline Drive be designated as the polling place location for Precinct 2, and that the attached resolution establishing a changed polling place location for Precinct 2 be adopted. COUNCIL ACTION REQUESTED: Consider a motion to adopt the attached resolution establishing the Good Shepard Church located at 3745 Shoreline Drive as a changed polling place location for Precinct 2 in the City of Orono, Minnesota. Page 1 of 2 A RESOLUTION FOR ESTABLISHING A CHANGED PRECINCT POLLING PLACE LOCATION FOR PRECINCT 2 IN THE CITY OF ORONO, MINNESOTA WHEREAS, Resolution No. 4797, adopted April 22, 2002, reestablished the designated polling location for Precinct 2 at the Gray Freshwater Center; and WHEREAS, the Gray Freshwater Center is no longer available for use as a polling place location due to the recent sale of the property; and WHEREAS, per Minnesota Statute 204B.16, the polling place for a precinct in a city in the metropolitan area shall be located within the boundaries of the precinct or within one mile of one of those boundaries; and WHEREAS, after review of potential polling place locations in Precinct 2 and the precinct boundaries, it was determined that Good Shepheard Lutheran Church located at 3745 Shoreline Drive would be the best option for replacing the previous polling place location; and WHEREAS, Good Shepherd Lutheran Church meets the following criteria for a polling place: 1. It is within the boundaries of Precinct 2. 2. It is accessible and usable by the elderly and individuals with disabilities. 3. The space is separated from other activities within the building. 4. Adequate parking is available for use by voters. 5. There are sufficient facilities to accommodate judges who work the entire day. 6. Intoxicating liquors or non-intoxicating malt beverages are not served in the facility or any adjoining room(s). NOW, THEREFORE, BE IT RESOLVED THAT the City Council of the City of Orono does hereby establish Good Shepherd Lutheran Church located at 3745 Shoreline Drive as the designated polling place location for Precinct 2, and designation of this polling place shall remain effective until a different polling place is designated for this precinct. Page 2 of 2 Adopted by the City Council at a regular meeting held the 25th day of January, 2016. ATTEST: _____________________________________ __________________________________ Diane Tiegs City Clerk Lili Tod McMillan, Mayor 1 MINNESOTA STATUTES 2015 204B.16 Copyright © 2015 by the Revisor of Statutes, State of Minnesota. All Rights Reserved. 204B.16 POLLING PLACES; DESIGNATION. Subdivision 1. Authority; location. The governing body of each municipality and of each county with precincts in unorganized territory shall designate by ordinance or resolution a polling place for each election precinct. Polling places must be designated and ballots must be distributed so that no one is required to go to more than one polling place to vote in a school district and municipal election held on the same day. The polling place for a precinct in a city or in a school district located in whole or in part in the metropolitan area defined by section 200.02, subdivision 24, shall be located within the boundaries of the precinct or within one mile of one of those boundaries unless a single polling place is designated for a city pursuant to section 204B.14, subdivision 2, or a school district pursuant to section 205A.11. The polling place for a precinct in unorganized territory may be located outside the precinct at a place which is convenient to the voters of the precinct. If no suitable place is available within a town or within a school district located outside the metropolitan area defined by section 200.02, subdivision 24, then the polling place for a town or school district may be located outside the town or school district within five miles of one of the boundaries of the town or school district. Subd. 1a. Notice to voters. If the location of a polling place has been changed, the governing body establishing the polling place shall send to every affected household with at least one registered voter in the precinct a nonforwardable mailed notice stating the location of the new polling place at least 25 days before the next election. The secretary of state shall prepare a sample of this notice. A notice that is returned as undeliverable must be forwarded immediately to the county auditor. This subdivision does not apply to a polling place location that is changed on election day under section 204B.17. Subd. 2. [Repealed, 1994 c 607 s 7] Subd. 3. Designation effective until changed. The designation of a polling place pursuant to this section shall remain effective until a different polling place is designated for that precinct. No designation of a new or different polling place shall become effective less than 90 days prior to an election, including school district elections or referenda, and no polling place changes may occur during the period between the state primary and the state general election, except that a new polling place may be designated to replace a polling place that has become unavailable for use. Subd. 4. Prohibited locations. No polling place shall be designated in any place where intoxicating liquors or nonintoxicating malt beverages are served or in any adjoining room. No polling place shall be designated in any place in which substantial compliance with the requirements of this chapter cannot be attained. Subd. 5. Access by elderly and persons with disabilities. Each polling place shall be accessible to and usable by elderly individuals and individuals with disabilities. A polling place is deemed to be accessible and usable if it complies with the standards in paragraphs (a) to (f). (a) At least one set of doors must have a minimum width of 32 inches if the doors must be used to enter or leave the polling place. (b) Any curb adjacent to the main entrance to a polling place must have curb cuts or temporary ramps. Where the main entrance is not the accessible entrance, any curb adjacent to the accessible entrance must also have curb cuts or temporary ramps. (c) Where the main entrance is not the accessible entrance, a sign shall be posted at the main entrance giving directions to the accessible entrance. 204B.16 MINNESOTA STATUTES 2015 2 Copyright © 2015 by the Revisor of Statutes, State of Minnesota. All Rights Reserved. (d) At least one set of stairs must have a temporary handrail and ramp if stairs must be used to enter or leave the polling place. (e) No barrier in the polling place may impede the path of persons with disabilities to the voting booth. (f) At least one parking space for persons with disabilities, which may be temporarily so designated by the municipality for the day of the election, must be available near the accessible entrance. The doorway, handrails, ramps, and disabled parking provided pursuant to this subdivision must conform to the standards specified in the State Building Code for accessibility by persons with disabilities. A governing body shall designate as polling places only those places which meet the standards prescribed in this subdivision unless no available place within a precinct is accessible or can be made ac- cessible. Subd. 6. Public facilities. Every statutory city, home rule charter city, county, town, school district, and other public agency, including the University of Minnesota and other public colleges and universities, shall make their facilities, including parking, available for the holding of city, county, school district, state, and federal elections, subject to the approval of the local election official. A charge for the use of the facilities may be imposed in an amount that does not exceed the lowest amount charged to any public or private group. Subd. 7. Appropriate facilities. The facilities provided in accordance with subdivision 6 shall be sufficient in size to accommodate all election activities and the requirements of subdivision 5. The space must be separated from other activities within the building. The local election official may approve space in two connecting rooms for registration and balloting activities. Except in the event of an emergency making the approved space unusable, the public facility may not move the election from the space approved by the local election official without prior approval. In addition to the requirements of subdivision 5, the public facility must make remaining parking spaces not in use for regularly scheduled activities available for voters. History: 1981 c 29 art 4 s 16; 1983 c 124 s 4; 1984 c 471 s 5; 1985 c 307 s 1; 1987 c 266 art 1 s 25; 1991 c 227 s 12,13; 1991 c 349 s 36,37; 1992 c 474 s 1; 1993 c 223 s 10; 1997 c 147 s 29,30; 2000 c 467 s 16; 2004 c 293 art 2 s 18; 2005 c 56 s 1; 2005 c 156 art 6 s 35,36; 2008 c 244 art 1 s 11 REQUEST FOR COUNCIL ACTION DATE: February 22, 2016 ITEM NO: 14 Department Approval: Administrator Reviewed: Agenda Section: Name: Diane Tiegs JML City Administrator's Title: City Clerk Report Item Description: Teen Homelessness Attachment: Resolution Michael Kurtz, Grandview Middle School, addressed Council at the February 8, 2016 Council meeting. Mr. Kurtz is a student participating in a community problem solving competition for Future Problem Solvers Program on April 9, 2016. Mr. Kurtz requested Council support by proclaiming April 2016 as Teen Homelessness Awareness Month. COUNCIL ACTION REQUESTED Consider a motion to approve the resolution proclaiming April 2016 as Teen Homelessness Awareness Month in the City of Orono. RESOLUTION DECLARING TEEN HOMELESSNESS MONTH WHEREAS, the City of Orono recognizes homelessness among young people is a serious issue; and WHEREAS, the University of Minnesota’s Humphrey Institute estimates there are over 4,000 homeless youth in the state; and WHEREAS, Grandview Middle School, seventh grade students Michael Kurtz and Carson Meritt have chosen to use the topic of “Teen Homelessness” as a project for the 2015-2016 Future Problem Solving International Program in the Community Problem Solving category, where students identify real problems in their community and implement real solutions; and WHEREAS, the student’s research has shown homeless teens experience higher rates of depression, drug addiction, low self-esteem, and school drop-out rates; and WHEREAS, the students hope to raise awareness of Teen Homelessness and raise money for the Open Hands Foundation, who operates a teen homeless shelter in Chanhassen; and WHEREAS, the Future Problem Solvers International uses a six-step problem solving model aligned with National Curriculum Standards, Common Core Standards, and the National Association for Gifted Children (NAGC) Standards. WHEREAS, the state competition is April 9, 2016 in Lino, Lakes, Minnesota; and WHEREAS, the students have asked the City of Orono to help them in their awareness campaign by proclaiming the month of April as “Teen Homelessness Awareness” month in the City of Orono; and NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Orono declares April 2016 as Teen Homelessness Awareness Month. Dated: February 22, 2016. ATTEST: _______________________________ _________________________________ Diane Tiegs, City Clerk Lili Tod McMillan, Mayor REQUEST FOR COUNCIL ACTION DATE: February 22, 2016 ITEM NO: 15 Department Approval: Administrator Reviewed: Agenda Section: Name Diane Tiegs JML City Administrator's Title City Clerk Report Item Description: Paperless Meetings and Equipment Reimbursement Council discussed paperless meetings at the January Council work session. Staff has researched the type of equipment and software that could be considered for paperless agendas, costs, savings, and the advantages of paperless agenda packets. The agenda packet would be available earlier than the traditional paper packet allowing more time for Council to review the agenda items. The City currently uses the Granicus software for the Council meetings and this is an opportunity to take advantage of the ilegislate application already included with Granicus. Council would be able to use iPad tablets with ilegislate. The electronic packet will provide greater efficiency and cost savings. Study of Costs and Savings:  Annual cost of 5 paper packets = $ 1,261.50 per year (23 meetings per year x $252.30). Over 4 year terms = $5,046  Equipment eimbursement cost of 5 Tablets = $2,500  Paperless meetings result in a savings of ½ or $2,546 after purchase of equipment. Staff Recommendation Staff recommends approval of the Ordinance amending City Code Sec 2 -38. COUNCIL ACTION REQUESTED: Consider a motion to adopt the Ordinance amending Section 2 – 38 as attached. Paper Copy Electronic  Copier charges: $.006 per page for black & white copies and $.055 per color copy. Average Pkt. for 2014-15 is 405. Estimated 20 color copies per packet. B & W- $2.31 Color - $1.10 $3.31 x 5 Packets $16.55 After Initial Purchase of Tablets $0.00  Paper cost: approximately $.0063 per page (405 pages x $.0063 = $2.55 x 5 packets) $12.75 $0.00  9 hours to copy, assemble, mail/distribute x $23.00 $207.00 (3 hrs. proof & prep) $69.00  Packet delivery by CSO – 1 hour $16.00 $0.00  Total cost of Preparation for 5 packets per Council meeting $252.30 $69.00 CITY OF ORONO HENNEPIN COUNTY, MINNESOTA AN ORDINANCE AMENDING THE ORONO MUNICIPAL CODE SEC. 2 – 38 SALARIES OF MAYOR AND COUNCIL MEMBERS REGARDING REIMBURSEMENT FOR iPAD OR COMPUTER RELATED EQUIPMENT THE CITY COUNCIL OF ORONO ORDAINS: SECTION 1. Section 2-38 amended title Salaries and Reimbursement of Mayor and Council Members. (3) - Reimbursement for iPad or Computer Related Equipment to the City of Orono Municipal Code is hereby added as follows: (3) - Reimbursement for iPad or Computer Related Equipment: The authority of this ordinance is pursuant to Minnesota Statutes 412.241. The purpose is to provide a maximum reimbursement of $500.00 for an iPad or other computer purchase for use in their official capacity and forego their ability to receive a hard copy of meeting agenda information. This reimbursement will be done once per member per four- year term. The computer purchases, reimbursed with receipt for proof of purchase, under this Ordinance are the personal property of the mayor and council members. Individual council members may refuse this benefit. Only those council members in office on January 1, 2016 and thereafter will be eligible for this iPad or computer reimbursement. Notwithstanding the preceding provision, a mayor-elect and council member-elect who will take office effective January 1 of any year may be reimbursed after January 1 of any year, for their iPad or computer equipment purchased prior to the effective date of the commencement of their term in office. Also, any mayor or council member in office at the time of the effective date of this ordinance may receive said reimbursement within one (1) month of the effective date. SECTION 2. EFFECTIVE DATE: This ordinance shall take effect immediately upon its passage and publication. ADOPTED this 22nd day of February, 2016 on a vote of _____ ayes and _____ nays by the City Council of Orono, Minnesota. ATTEST: __________________________ ______________________________ Diane Tiegs, City Clerk Lili Tod McMillan, Mayor REQUEST FOR COUNCIL ACTION Date: Feb 22, 2016 Item No. Department Approval: Administrator Approval: Agenda Section: Name: Ron Olson – RJO City Administrator’s Title: Finance Director Report Item Description: Claims/Bills The attached claims for payment have been received by the City. Staff has reviewed the claims and is recommending approval of the listing for payment. The claims will be paid by checks 104613 to 104709, totaling $72,034.61. Noteworthy payments include: Compass Minerals America $ 2,374.84 This is for road salt that is treated with Manganese to melt ice at lower temperatures and is used in problem areas. Simplex Grinnell $ 1,518.58 Annual test/inspection of the fire sprinkler systems in the PD and CH. This process ensures that the two systems are working properly, interfacing with each other, and to assess the need for major repairs like pipe replacements. Norlings $ 308.75 This billing is for repairs made to a rain garden last fall. This expenditure has been billed to the property owner. COUNCIL ACTION REQUESTED Motion to approve payment of the claims list as presented. City of Orono Check Register - COUNCIL REPORT Page: 1 Check Issue Dates: 2/9/2016 - 2/22/2016 Feb 18, 2016 10:19AM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount ADVANCED IMAGING SOLUTIO 02/12/2016 104613 296883861 101-42110-413 pd copier lease 1/20 to 2/20 Police Department 331.00 Total 104613:331.00 Advanced Imaging Solutions 02/22/2016 104618 94836 101-42110-401 printer maint contract 2/10 to 3/10 Police Department 152.76 Advanced Imaging Solutions 02/22/2016 104618 94836 101-41900-401 printer maint contract 2/10 to 3/10 Central Services 122.20 Advanced Imaging Solutions 02/22/2016 104618 94836 602-49450-401 printer maint contract 2/10 to 3/10 Sewer 30.55 Total 104618:305.51 AMERICAN TIRE DISTRIBUTOR 02/22/2016 104619 70123195 101-42110-402 #231 tires Police Department 358.76 Total 104619:358.76 BCA TRAINING & DEVELOPME 02/22/2016 104620 33034-OLDM 101-42110-437 DMT-G online recert, Siltala Police Department 75.00 Total 104620:75.00 BLUE CROSS BLUE SHIELD OF 02/22/2016 104621 21116 101-21706 Health insurance 11,124.50 BLUE CROSS BLUE SHIELD OF 02/22/2016 104621 21116 101-42110-135 Disability continuation Police Department 594.00 Total 104621:11,718.50 BUDGET PRINTING 02/22/2016 104622 9941 101-42110-201 envelopes Police Department 86.17 BUDGET PRINTING 02/22/2016 104622 9961 101-42110-221 engraving Police Department 10.00 BUDGET PRINTING 02/22/2016 104622 9983 101-42110-352 crime prevention flyer Police Department 229.13 Total 104622:325.30 CARDMEMBER SERVICE 02/22/2016 104623 AE20916 651-49910-437 SWPP training-UofM Storm Water 310.00 CARDMEMBER SERVICE 02/22/2016 104623 AE20916B 408-48800-590 flags for Navarre lightpoles-Carrot-Top Ind 1,242.42 CARDMEMBER SERVICE 02/22/2016 104623 CF11416 101-42110-437 Rotary leadership course-Fischer Police Department 48.47 CARDMEMBER SERVICE 02/22/2016 104623 CF12816 101-42110-201 frames Michaels Police Department 21.45 CARDMEMBER SERVICE 02/22/2016 104623 CF12816B 101-42110-201 cerficates and seals office depot Police Department 37.29 CARDMEMBER SERVICE 02/22/2016 104623 CF20316B 101-42110-212 gas-Holiday Police Department 15.06 CARDMEMBER SERVICE 02/22/2016 104623 CF20316C 101-42110-437 lodging for training-Holiday Inn Police Department 109.28 CARDMEMBER SERVICE 02/22/2016 104623 CF20616 101-42110-221 DL scanners-Barcode Inc Police Department 237.63 CARDMEMBER SERVICE 02/22/2016 104623 CF21116 101-42110-221 GPS unit for DTF officer-Amazon Police Department 122.42 CARDMEMBER SERVICE 02/22/2016 104623 CF21316 101-42110-437 Holiday Inn-Dare School-Sonnek Police Department 606.72 CARDMEMBER SERVICE 02/22/2016 104623 JL20216 101-41300-439 meeting with Mayor-Country Cake Administration 11.55 City of Orono Check Register - COUNCIL REPORT Page: 2 Check Issue Dates: 2/9/2016 - 2/22/2016 Feb 18, 2016 10:19AM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount CARDMEMBER SERVICE 02/22/2016 104623 JL20416 101-41300-439 meeting with Printup Country Cake Administration 4.02 CARDMEMBER SERVICE 02/22/2016 104623 JL20816 101-41300-439 meeting with Cornick Country Cake Administration 4.02 CARDMEMBER SERVICE 02/22/2016 104623 RO20216 101-42110-221 parts for PD wireless Amazon Police Department 16.99 CARDMEMBER SERVICE 02/22/2016 104623 RO21616 101-41500-433 MnGfoa membership P. Zimmerman Finance Department 60.00 CARDMEMBER SERVICE 02/22/2016 104623 TA11216 101-43000-224 salt spreader, markers-Northern Tool Public Works Department 285.32 Total 104623:3,132.64 CARGILL SALT 02/22/2016 104624 2902673551 601-49400-216 salt Water 4,552.09 Total 104624:4,552.09 CHRIS FISCHER 02/22/2016 104625 21316 101-42400-226 reimb clothing Building & Zoning 66.48 Total 104625:66.48 CHUNKS LAKESHORE AUTO 02/22/2016 104626 13525 101-42110-402 #227 repairs Police Department 52.15 CHUNKS LAKESHORE AUTO 02/22/2016 104626 13537 101-42110-402 #232 hitch install Police Department 529.88 CHUNKS LAKESHORE AUTO 02/22/2016 104626 13540 101-42110-402 #843 remove wiring Police Department 104.29 CHUNKS LAKESHORE AUTO 02/22/2016 104626 13543 101-42110-402 #853 oil change Police Department 37.87 CHUNKS LAKESHORE AUTO 02/22/2016 104626 13550 101-42110-402 #231 tires Police Department 52.95 CHUNKS LAKESHORE AUTO 02/22/2016 104626 13558 101-42110-402 #238 battery Police Department 199.02 CHUNKS LAKESHORE AUTO 02/22/2016 104626 13560 101-42110-402 #236 battery Police Department 199.02 Total 104626:1,175.18 CITYVIEW PLUMBING & HEATIN 02/22/2016 104627 44173 601-49400-404 repairs Navarre plant pump Water 148.00 Total 104627:148.00 CIVIC SYSTEMS LLC 02/09/2016 104540 CVC13833 101-41900-416 software support 01-16 to 06-16 Central Services 13,032.13- CIVIC SYSTEMS LLC 02/09/2016 104540 CVC13833 602-49450-416 software support 01-16 to 06-16 Sewer 1,032.13- CIVIC SYSTEMS LLC 02/09/2016 104540 CVC13833 601-49400-416 software support 01-16 to 06-16 Water 774.09- CIVIC SYSTEMS LLC 02/09/2016 104540 CVC13833 603-49500-416 software support 01-16 to 06-16 774.09- CIVIC SYSTEMS LLC 02/09/2016 104540 CVC13833 651-49910-416 software support 01-16 to 06-16 Storm Water 692.56- Total 104540:16,305.00- CIVIC SYSTEMS LLC 02/22/2016 104628 CVC13833 101-41900-416 software support 01-16 to 06-16 Central Services 1,032.13 CIVIC SYSTEMS LLC 02/22/2016 104628 CVC13833 602-49450-416 software support 01-16 to 06-16 Sewer 1,032.13 City of Orono Check Register - COUNCIL REPORT Page: 3 Check Issue Dates: 2/9/2016 - 2/22/2016 Feb 18, 2016 10:19AM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount CIVIC SYSTEMS LLC 02/22/2016 104628 CVC13833 601-49400-416 software support 01-16 to 06-16 Water 774.09 CIVIC SYSTEMS LLC 02/22/2016 104628 CVC13833 603-49500-416 software support 01-16 to 06-16 774.09 CIVIC SYSTEMS LLC 02/22/2016 104628 CVC13833 651-49910-416 software support 01-16 to 06-16 Storm Water 692.56 Total 104628:4,305.00 COMPASS MINERALS AMERICA 02/22/2016 104629 71453270 101-43000-224 treated salt Public Works Department 2,374.84 Total 104629:2,374.84 CORREY FARNIOK 02/22/2016 104630 20616 101-42110-439 reimb food for civilian use of force training Police Department 45.42 CORREY FARNIOK 02/22/2016 104630 20616 101-42110-402 reimb car wash Police Department 10.00 CORREY FARNIOK 02/22/2016 104630 20616 101-42110-439 reimb Hnpn Chiefs lunch Police Department 15.00 Total 104630:70.42 CULLIGAN 02/22/2016 104631 20116 101-45210-403 softener exchange service Golf Course 19.63 Total 104631:19.63 DANIELSON, ROLLIN 02/22/2016 104632 20816 999-10015 UB refund 46.29 Total 104632:46.29 DPC INDUSTRIES 02/22/2016 104633 827000101-1 601-49400-216 chemicals Water 325.50 DPC INDUSTRIES 02/22/2016 104633 827000113-1 601-49400-216 chemicals Water 695.79 Total 104633:1,021.29 EARL F ANDERSON & ASSOC 02/22/2016 104634 0110331 101-43000-224 District 2 sign replacement Public Works Department 1,080.10 Total 104634:1,080.10 ECM PUBLISHERS INC 02/22/2016 104635 301058 101-41900-352 legal ads Central Services 131.12 ECM PUBLISHERS INC 02/22/2016 104635 304128 101-41900-352 street maint materials ad Central Services 98.26 Total 104635:229.38 FINANCE AND COMMERCE 02/22/2016 104636 742584002 101-41900-352 street materials bid ad Central Services 82.61 City of Orono Check Register - COUNCIL REPORT Page: 4 Check Issue Dates: 2/9/2016 - 2/22/2016 Feb 18, 2016 10:19AM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount Total 104636:82.61 G & K SERVICES 02/22/2016 104637 1006524992 101-43000-221 towels Public Works Department 6.38 G & K SERVICES 02/22/2016 104637 1006524992 101-43000-226 uniform Public Works Department 29.36 G & K SERVICES 02/22/2016 104637 1006524992 601-49400-226 uniform Water 14.69 G & K SERVICES 02/22/2016 104637 1006524992 602-49450-226 uniform Sewer 14.68 G & K SERVICES 02/22/2016 104637 1006536438 101-41900-404 mat Central Services 14.40 G & K SERVICES 02/22/2016 104637 1006536438 101-43000-221 towels Public Works Department 6.38 G & K SERVICES 02/22/2016 104637 1006536438 101-43000-226 uniform Public Works Department 29.17 G & K SERVICES 02/22/2016 104637 1006536438 601-49400-226 uniform Water 14.58 G & K SERVICES 02/22/2016 104637 1006536438 602-49450-226 uniform Sewer 14.58 G & K SERVICES 02/22/2016 104637 1006547896 101-43000-221 towels Public Works Department 6.38 G & K SERVICES 02/22/2016 104637 1006547896 101-43000-226 uniform Public Works Department 30.36 G & K SERVICES 02/22/2016 104637 1006547896 601-49400-226 uniform Water 15.18 G & K SERVICES 02/22/2016 104637 1006547896 602-49450-226 uniform Sewer 15.19 Total 104637:211.33 GENUINE PARTS COMPANY/NA 02/22/2016 104638 304710 101-42110-402 car wax Police Department 93.67 GENUINE PARTS COMPANY/NA 02/22/2016 104638 305188 101-43000-222 oil filters Public Works Department 25.46 GENUINE PARTS COMPANY/NA 02/22/2016 104638 305196 101-43000-222 supplies Public Works Department 12.48 GENUINE PARTS COMPANY/NA 02/22/2016 104638 306009 101-43000-224 degreaser Public Works Department 12.87 GENUINE PARTS COMPANY/NA 02/22/2016 104638 306013 101-43000-221 supplies Public Works Department 7.26 GENUINE PARTS COMPANY/NA 02/22/2016 104638 30602 101-43000-222 #426 parts Public Works Department 8.45 GENUINE PARTS COMPANY/NA 02/22/2016 104638 306057 101-43000-222 lights Public Works Department 4.49 GENUINE PARTS COMPANY/NA 02/22/2016 104638 306078 101-45210-221 repair parts Golf Course 39.55 GENUINE PARTS COMPANY/NA 02/22/2016 104638 306198 101-45210-221 repair parts Golf Course 14.55 GENUINE PARTS COMPANY/NA 02/22/2016 104638 306306 101-43000-221 bobcat trailer parts Public Works Department 12.06 GENUINE PARTS COMPANY/NA 02/22/2016 104638 306312 101-43000-222 supplies Public Works Department 17.98 GENUINE PARTS COMPANY/NA 02/22/2016 104638 306614 101-43000-222 #422 parts Public Works Department 116.97 Total 104638:365.79 GOPHER STATE ONE CALL 02/22/2016 104639 6010623 601-49400-489 locates Water 79.75 GOPHER STATE ONE CALL 02/22/2016 104639 6010623 602-49450-489 locates Sewer 79.75 Total 104639:159.50 HACH CHEMICAL CO 02/22/2016 104640 9781026 601-49400-216 chemicals Water 283.32 City of Orono Check Register - COUNCIL REPORT Page: 5 Check Issue Dates: 2/9/2016 - 2/22/2016 Feb 18, 2016 10:19AM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount Total 104640:283.32 HENNEPIN COUNTY INFOR TE 02/22/2016 104641 1000069946 101-42110-414 radio lease and MDC billing Police Department 1,842.31 Total 104641:1,842.31 HENNEPIN COUNTY SHERIFF 02/22/2016 104642 1000096657 101-41600-309 jail charges Law/Legal Services 916.32 Total 104642:916.32 ICMA MEMBERSHIP RENEWAL 02/22/2016 104643 2016 101-41300-433 2016 membership J. Loftus #449192 Administration 720.00 Total 104643:720.00 JAMI WITTKE 02/22/2016 104644 21716 101-42110-437 reimb food for training Police Department 18.95 Total 104644:18.95 KENNETH N POTTS PA 02/22/2016 104645 20316 101-41600-306 prosecution services Jan Law/Legal Services 3,000.00 Total 104645:3,000.00 KYLE KIRSCHNER 02/22/2016 104678 21016 101-42110-489 reimb food for welcome Police Department 30.02 Total 104678:30.02 LEXISNEXIS RISK SOLUTIONS 02/22/2016 104679 1297291-201 101-42110-311 Jan contract fee Police Department 116.00 Total 104679:116.00 LONG LAKE TRUE VALUE 02/22/2016 104680 B310127 101-42110-221 supplies Police Department 9.07 LONG LAKE TRUE VALUE 02/22/2016 104680 B311084 101-43000-224 supplies Public Works Department 17.37 Total 104680:26.44 MANSFIELD OIL COMPANY 02/22/2016 104681 159335 101-43000-212 Diesel Public Works Department 487.95 MANSFIELD OIL COMPANY 02/22/2016 104681 159336 101-42110-212 Fuel PD Police Department 2,392.98 MANSFIELD OIL COMPANY 02/22/2016 104681 84078 101-43000-212 Diesel Public Works Department 447.42 MANSFIELD OIL COMPANY 02/22/2016 104681 84079 101-42110-212 Fuel PD Police Department 1,589.52 City of Orono Check Register - COUNCIL REPORT Page: 6 Check Issue Dates: 2/9/2016 - 2/22/2016 Feb 18, 2016 10:19AM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount Total 104681:4,917.87 METRO WEST INSPECTIONS S 02/22/2016 104682 20816 101-42400-310 Jan inspection services Building & Zoning 6,028.75 Total 104682:6,028.75 MINNEAPOLIS OXYGEN COMP 02/22/2016 104683 171144810 101-43000-221 oxygen Public Works Department 24.18 MINNEAPOLIS OXYGEN COMP 02/22/2016 104683 171144811 101-42110-221 oxygen Police Department 29.12 MINNEAPOLIS OXYGEN COMP 02/22/2016 104683 171144812 101-42110-221 oxygen Police Department 16.14 Total 104683:69.44 MINNESOTA EQUIPMENT 02/22/2016 104684 40349 101-45210-221 supplies Golf Course 21.79 MINNESOTA EQUIPMENT 02/22/2016 104684 40360 101-45210-221 supplies Golf Course 104.47 MINNESOTA EQUIPMENT 02/22/2016 104684 40371 101-45210-221 supplies Golf Course 18.08 MINNESOTA EQUIPMENT 02/22/2016 104684 40377 101-45210-221 supplies Golf Course 14.33 Total 104684:158.67 MN CHIEF OF POLICE ASSN 02/22/2016 104685 21816 101-42110-437 Conf registration Wittke Police Department 515.00 Total 104685:515.00 MORRIES PARTS AND SERVIC 02/22/2016 104686 818763 101-42110-402 repair parts Police Department 171.33 Total 104686:171.33 NAVARRE HARDWARE 02/22/2016 104687 291620 101-42110-221 supplies Police Department 25.56 NAVARRE HARDWARE 02/22/2016 104687 291744 101-45200-221 park repair supplies Parks 34.96 Total 104687:60.52 NELSON ELECTRIC MOTOR RE 02/22/2016 104688 7534 602-49450-406 GS 9 repair Sewer 215.00 Total 104688:215.00 NORLINGS 02/22/2016 104689 31109 651-49910-404 2618 Casco rain garden repair Storm Water 308.75 City of Orono Check Register - COUNCIL REPORT Page: 7 Check Issue Dates: 2/9/2016 - 2/22/2016 Feb 18, 2016 10:19AM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount Total 104689:308.75 O SULLIVANS HOLIDAY 546 02/22/2016 104690 13116 101-42110-212 fuel Police Department 260.73 O SULLIVANS HOLIDAY 546 02/22/2016 104690 13116 101-42110-402 car wash Police Department 65.60 Total 104690:326.33 O SULLIVANS HOLIDAY 547 02/22/2016 104691 13116 101-42110-402 car washes Police Department 265.62 Total 104691:265.62 OFFICE DEPOT 02/22/2016 104692 8213652780 101-42110-201 office supplies Police Department 42.25 OFFICE DEPOT 02/22/2016 104692 8213652790 101-42110-201 office supplies Police Department 35.14 OFFICE DEPOT 02/22/2016 104692 8234041070 101-42110-201 office supplies Police Department 96.80 Total 104692:174.19 ORONO ROTARY 02/22/2016 104693 20416 101-42110-433 C. Farniok membership 2016 Police Department 1,190.00 Total 104693:1,190.00 PAUL HOOPER 02/22/2016 104694 21116 101-42110-226 clothing reimb Police Department 10.00 Total 104694:10.00 PERRYS TRUCK REPAIR 02/22/2016 104695 16322 231-45650-436 Lexus RV 380 115.00 PERRYS TRUCK REPAIR 02/22/2016 104695 16366 101-42110-402 #228 tow Police Department 65.00 PERRYS TRUCK REPAIR 02/22/2016 104695 16403 101-42110-311 Tow Land Rover Police Department 140.00 PERRYS TRUCK REPAIR 02/22/2016 104695 45517 101-43000-402 #431 plow repair Public Works Department 50.00 PERRYS TRUCK REPAIR 02/22/2016 104695 45559 101-43000-224 row edge #431 Public Works Department 90.00 Total 104695:460.00 PLYMOUTH AUTOMOTIVE 02/22/2016 104696 120415 231-45650-436 tow 2015 Hyundai Veloster 450.76 Total 104696:450.76 REGIONS EMS 02/22/2016 104697 120415 101-42110-437 child safety seat training-local fee Police Department 175.00 City of Orono Check Register - COUNCIL REPORT Page: 8 Check Issue Dates: 2/9/2016 - 2/22/2016 Feb 18, 2016 10:19AM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount Total 104697:175.00 ROGER PEITSO 02/22/2016 104698 21016 101-42400-437 mileage reimb training Building & Zoning 15.12 Total 104698:15.12 SCOTT BORIS 02/22/2016 104699 21216 101-42110-226 reimb for clothing Police Department 134.96 SCOTT BORIS 02/22/2016 104699 21216 101-42110-201 reimb for software Police Department 21.40 Total 104699:156.36 SEH DESIGN BUILD INC 02/22/2016 104700 127808 601-49400-405 water tank painting and maintenance program Water 4,900.00 Total 104700:4,900.00 SELECT ACCOUNT 02/22/2016 104701 21616 101-21719 FLEX 97.24 Total 104701:97.24 SIMPLEX GRINNELL 02/22/2016 104702 78403030 101-41900-404 City Hall sprinkler test and inspection Central Services 759.29 SIMPLEX GRINNELL 02/22/2016 104702 78403030 101-42110-404 PD sprinkler test and inspection Police Department 759.29 Total 104702:1,518.58 STREICHERS POLICE EQUIP 02/22/2016 104703 1188838 101-42110-226 uniforms Sturm Police Department 255.96 STREICHERS POLICE EQUIP 02/22/2016 104703 1189187 101-42110-226 uniforms Stensrud Police Department 99.98 STREICHERS POLICE EQUIP 02/22/2016 104703 1189525 101-42110-226 uniforms Sturm Police Department 65.96 STREICHERS POLICE EQUIP 02/22/2016 104703 1189762 101-42110-226 T. Wittke uniforms Police Department 160.97 STREICHERS POLICE EQUIP 02/22/2016 104703 1192814 101-42110-226 Barnes uniforms Police Department 123.98 STREICHERS POLICE EQUIP 02/22/2016 104703 1193379 101-42110-226 Kirschner uniforms Police Department 815.86 STREICHERS POLICE EQUIP 02/22/2016 104703 1193380 101-42110-226 Holsters (4)Police Department 519.96 STREICHERS POLICE EQUIP 02/22/2016 104703 1193384 101-42110-226 Kirschner uniforms Police Department 12.50 STREICHERS POLICE EQUIP 02/22/2016 104703 CM272403 101-42110-226 credit for return Police Department 252.98- Total 104703:1,802.19 VANGUARD CLEANING SYSTE 02/22/2016 104704 43255 101-41900-407 Janitorial service Central Services 1,435.50 VANGUARD CLEANING SYSTE 02/22/2016 104704 43255 101-42110-407 Janitorial service Police Department 1,039.50 VANGUARD CLEANING SYSTE 02/22/2016 104704 43661 101-41900-407 Janitorial service Central Services 55.21- City of Orono Check Register - COUNCIL REPORT Page: 9 Check Issue Dates: 2/9/2016 - 2/22/2016 Feb 18, 2016 10:19AM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount VANGUARD CLEANING SYSTE 02/22/2016 104704 43661 101-42110-407 Janitorial service Police Department 39.98- Total 104704:2,379.81 VERIZON WIRELESS 02/22/2016 104705 9760020121 101-42110-321 1/07/16 to 2/06/16 Police Department 1,353.64 VERIZON WIRELESS 02/22/2016 104705 9760020121 101-41900-321 1/07/16 to 2/06/16 Central Services 154.51 VERIZON WIRELESS 02/22/2016 104705 9760020121 101-45210-321 1/07/16 to 2/06/16 Golf Course 36.99 Total 104705:1,545.14 WASTE MANAGEMENT RECYC 02/22/2016 104706 0016930-280 603-49500-316 Recycling Feb 8,783.36 Total 104706:8,783.36 WESTSIDE WHOLESALE TIRE 02/22/2016 104707 761955 101-43000-221 tires for 452 Public Works Department 1,101.39 Total 104707:1,101.39 WRIGHT HENNEPIN ELECTRIC 02/22/2016 104708 21016 101-43000-381 1/01 to 2/01 service Public Works Department 105.10 WRIGHT HENNEPIN ELECTRIC 02/22/2016 104708 21016 602-49450-381 1/01 to 2/01 service Sewer 45.25 Total 104708:150.35 XCEL ENERGY 02/22/2016 104709 485282403 101-41900-381 12/29 to 1/04 Central Services 2,192.22 XCEL ENERGY 02/22/2016 104709 485282403 101-42110-381 12/29 to 1/04 Police Department 1,293.59 XCEL ENERGY 02/22/2016 104709 485282403 101-42110-381 12/29 to 1/04 Police Department 37.13 XCEL ENERGY 02/22/2016 104709 485282403 101-43000-381 12/29 to 1/04 Public Works Department 155.39 XCEL ENERGY 02/22/2016 104709 485282403 101-43000-386 12/29 to 1/04 Public Works Department 2,543.03 XCEL ENERGY 02/22/2016 104709 485282403 101-45200-381 12/29 to 1/04 Parks 32.79 XCEL ENERGY 02/22/2016 104709 485282403 601-49400-381 12/29 to 1/04 Water 4,591.64 XCEL ENERGY 02/22/2016 104709 485282403 602-49450-381 12/29 to 1/04 Sewer 11,097.81- XCEL ENERGY 02/22/2016 104709 485282403 101-45210-381 12/29 to 1/04 Golf Course 123.60 XCEL ENERGY 02/22/2016 104709 488425011 101-41900-381 12/27 to 1/26 Central Services 536.06 XCEL ENERGY 02/22/2016 104709 488425011 101-42110-381 12/27 to 1/26 Police Department 31.14 XCEL ENERGY 02/22/2016 104709 488425011 101-42110-381 12/27 to 1/26 Police Department 35.65 XCEL ENERGY 02/22/2016 104709 488425011 101-43000-381 12/27 to 1/26 Public Works Department 293.61 XCEL ENERGY 02/22/2016 104709 488425011 101-43000-386 12/27 to 1/26 Public Works Department 4,782.72 XCEL ENERGY 02/22/2016 104709 488425011 101-45200-381 12/27 to 1/26 Parks 40.83 XCEL ENERGY 02/22/2016 104709 488425011 601-49400-381 12/27 to 1/26 Water 3,411.78 XCEL ENERGY 02/22/2016 104709 488425011 602-49450-381 12/27 to 1/26 Sewer 2,252.46 City of Orono Check Register - COUNCIL REPORT Page: 10 Check Issue Dates: 2/9/2016 - 2/22/2016 Feb 18, 2016 10:19AM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount XCEL ENERGY 02/22/2016 104709 488425011 101-45210-381 12/27 to 1/26 Golf Course 29.01 Total 104709:11,284.84 Grand Totals: 72,034.61