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HomeMy WebLinkAbout05-09-2016 Council PacketAgenda for Council Meeting Set for Monday, May 9, 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 The public is invited to address the council regarding any item on the regular agenda. If your topic is not on the agenda, you may speak during the Public Comments section. Roll Call Pledge of Allegiance Approval of Agenda 1. Consent Agenda – Consent agenda items, including (*) asterisk items, are considered to be routine items to be enacted upon by one motion by the City Council under this section of the agenda. Items on the Consent Agenda are reviewed in total by the City Council and may be approved through one motion with no further discussion by the Council. Any item may be removed by any Council Member, staff member or person from the public for separate consideration. If you wish to remove any item from the Consent Agenda, please state the item number and description of the item. Memos regarding each of the Agenda items are available in the Public Packet located in the lobby near the sign in sheet. Approval of Minutes 2. Council Meeting of April 25, 2016* 3. Council Work Session of April 25, 2016* Presentation 4. Senator David Osmek 5. Western Communities Action Network (WeCAN) 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/City Engineer Report 6. Lurton Park Parking Lot Expansion Public Safety Report Planning Department Report – Planning Commission Representative – Denise Leskinen 7. 16-3808 Rick Denman o/b/o Casco Ventures LLC, 3800 Casco Avenue, Variances 8. 16-3818 Dale Mulfinger (SALA Architects) o/b/o Chris & Leslie Neugent, 710 Big Island, Variances 9. 16-3821 Richard Storlien o/b/o Tim & Mary Becker, 1565 Fairview Cottage Lane - Conditional Use Permit - Resolution 10. 16-3822 Lakewest Development, 3245 Wayzata Boulevard West - Preliminary Plat / RPUD Rezoning / Comprehensive Plan Amendment 11. 16-3823 City of Orono Text Amendment: Concept Plan Process 12. 16-3825 City of Orono Text Amendment: Hardcover Calculations in 0-75 13. Planning Commission Chair and Vice Chair 14. Navarre Parking Lot Improvements Agenda for Council Meeting Set for Monday, May 9, 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 Mayor/Council Report City Administrator's Report 15.RFP for Prosecuting Attorney 16.Fund Transfer 17.Hackberry Property Purchase 18.Golf Course Donations 19.Permits/Licenses a.Garbage Hauler * 20.Claims/Bills * City Attorney's Reports 21. Hazardous Property - 3907 Cherry Avenue Closed Meeting 22.Performance Evaluation for City Administrator Adjournment Upcoming Events 2016 05-09-16 – Council Meeting, Monday, 7:00 p.m. 05-16-16 – Planning Commission Meeting, Monday, 6:30 p.m. (Dennis Walsh Liaison) 05-23-16 – Council Work Session, Monday, 5:00 p.m. 05-23-16 – Council Meeting, Monday, 7:00 p.m. 05-30-16 – City Hall Closed in Observance of the Memorial Day Holiday 06-06-16 – Park Commission Work Session, Monday 1:00 p.m. 06-13-16 – Council Meeting, Monday, 7:00 p.m. 06-20-16 – Planning Commission Meeting, Monday, 6:30 p.m. (Jim Cornick, Jr. Liaison) 06-27-16 – Council Work Session, Monday, 5:00 p.m. 06-27-16 – Council Meeting, Monday, 7:00 p.m. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, April 25, 2016 7:00 o’clock p.m. _____________________________________________________________________________________ Page 1 of 22 ROLL CALL The Orono City Council met on the above-mentioned date with the following members present: Mayor Lili Tod McMillan, Council Members James Cornick, Jr., Lizz Levang, Aaron Printup, and Dennis Walsh. Representing Staff were City Administrator Jessica Loftus, Finance Director Ron Olson, Community Development Director Jeremy Barnhart, Senior Planner Michael Gaffron, Public Works Director/City Engineer Adam Edwards, City Attorney Soren Mattick, and Recorder Jackie Young. Mayor McMillan called the meeting to order at 7:03 p.m., followed by the Pledge of Allegiance. APPROVAL OF AGENDA 1. CONSENT AGENDA Item Nos. 5, 6, 8, 10, 11, 12, 13, and 14 were added to the Consent Agenda. Item No. 2 was removed from the Consent Agenda. Walsh moved, Printup seconded, to approve the Consent Agenda as amended. VOTE: Ayes 5, Nays 0. APPROVAL OF MINUTES 2. CITY COUNCIL MEETING OF APRIL 11, 2016 McMillan requested the minutes be corrected on Page 30 to read Mr. Steffenhagen rather than Fredrickson, and on Page 30 to read the intersections of County Roads 15 and 19 rather than 90 and 92. Printup moved, Printup seconded, to approve the minutes of the April 11, 2016, Orono City Council meeting as submitted. VOTE: Ayes 5, Nays 0. PRESENTATION 3. DONATION FROM THE MINNESOTA OFFICE OF TRAFFIC SAFETY Orono Police Chief Correy Farniok stated the Orono Police Department has been involved in the Toward Zero Deaths project and the Office of Traffic Safety for the last 12 years. As part of the program this year, the Orono Police Department was selected to receive a radar unit, with a value of around $3,000. Bill Hammes, Law Enforcement Liaison with Toward Zero Deaths, stated he is responsible for all 86 law enforcement agencies within the Metro area. Hammes stated it is his job to work with the various departments to make sure they are getting their safety message out. Hammes stated he is here tonight to recognize the Orono Police Department for their leadership and participation in the Toward Zero Deaths program. Hammes stated the Office of Traffic Safety has a strong commitment to make the highways safe for everyone who travels on them. Hammes stated in 2014, 88 families in Minnesota experienced the loss of a loved one as a result of an impaired driver. In 2002, 657 people were killed in alcohol related crashes in the State of Minnesota. In 2013, that number was down to 387 people. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, April 25, 2016 7:00 o’clock p.m. _____________________________________________________________________________________ Page 2 of 22 3. DONATION FROM THE MINNESOTA OFFICE OF TRAFFIC SAFETY (continued) In 2014, that number was reduced to 361 fatalities, which is the second lowest fatality rate in Minnesota since World War II. Hammes stated last year there were unfortunately 411 fatalities total and so far this year there have been 99 fatalities compared to 92 this time last year. Hammes stated in 2013, there were 387 people that lost their lives and over 30,000 were injured. The National Safety Council estimates the cost to Minnesota is over $1.5 billion as a result of the 2013 crashes. Hammes noted Hennepin County is the deadliest county in Minnesota, and over the last four years the County has averaged 35 fatalities per year. So far this year there have been 12 fatalities. In 2012, there were 37 personal injury crashes, with one fatality and 48 people injured. In 2014, there were 28 personal injury crashes, which resulted in 40 people being injured, and one fatal crash that resulted in two fatalities. Hammes stated they all are aware of the dangers of Highway 12 and that the Office of Traffic Safety and the local police departments will continue to work hard on improving the safety along that corridor. Hammes stated the program Towards Zero Deaths is exactly what it says it is. Hammes indicated people ask him all the time whether that is attainable, and what he asks them in response is what an acceptable number would be. Hammes stated during all of this, the Orono Police Department has jumped in and really helped the Office of Traffic Safety and the other local police departments out. Because they were willing to participate in these programs, they were selected to receive this large incentive. Hammes stated some of the reasons the Orono Police Department was selected for receiving this incentive reward is that they have participated in this program for a number of years and have completed all of their reports in a timely fashion. In addition, the Orono Police Department participated in the Spirits of the Lake Festival, which helped teach young people what it is like to drive impaired. Hammes noted Orono is only one of eight police departments that will receive this award this year. Hammes stated on behalf of the Office of Traffic Safety, he would like to thank the Orono Police Department and the City Council for their participation in the program and their support of the Toward Zero Deaths program. Levang moved, Printup seconded, to accept the donation of a radar unit from the Office of Traffic Safety. VOTE: Ayes 5, Nays 0. PUBLIC COMMENTS None PUBLIC WORKS/CITY ENGINEER REPORT 4. WATERTOWN ROAD PHASE 2 Public Works Director/City Engineer Edwards stated the City received a number of bids on Phase 2 of the Watertown Road project. Phase 2 encompasses Stubbs Bay Road out to the west and then Old Crystal Bay to Willow Drive to where it links up to the project being done by Long Lake. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, April 25, 2016 7:00 o’clock p.m. _____________________________________________________________________________________ Page 3 of 22 4. WATERTOWN ROAD PHASE 2 (continued) The low bid was from Valley Paving in the amount of $606,568.92, with Bolton & Menk proposing to provide construction oversight services for a fee not to exceed $69,500. Construction on this phase of the project is scheduled to begin in June of this year, with completion expected by the end of the summer, 2016. Edwards indicated Valley Paving was also apparently the low bidder on the Long Lake portion of the project. Overall the total project cost is $831,069. Council Member Walsh commended the Public Works Department for obtaining a number of bids related to this project as well as Mr. Edwards’ efforts on reducing the cost of the blacktop. Walsh stated he is looking forward to completing the next project, which is Fox Street, with the money that was saved on this project. Walsh stated saving money on the asphalt allows the City to complete more projects. Levang moved, Walsh seconded, to award the Watertown Road project to Valley Paving in the amount of $606,568.92 and authorize Bolton and Menk to provide construction oversight services for a fee not to exceed $69,500. VOTE: Ayes 5, Nays 0. *5. WATERTOWN ROAD WITH LONG LAKE AWARD APPROVAL Walsh moved, Printup seconded, to accept the design and authorize the solicitation of bids for the Watertown Road project. VOTE: Ayes 5, Nays 0. *6. LONG LAKE CREEK SUBWATERSHED PARTNESHIP Walsh moved, Printup seconded, to adopt RESOLUTION NO. 6610 a Resolution to Partner with Other Intergovernmental Agencies in Seeking Grants and to Improve Water Quality in the Long Lake Creek Sub watershed. VOTE: Ayes 5, Nays 0. 7. LURTON OFF LEASH DOG PARK Edwards noted he provided an update on the Lurton off-leash dog park at a work session approximately two months ago. Since that time the plans have been finalized further. The proposed scope of the project is to transition Lurton Park into an off-leash dog park in 2016. Work includes the design/master plan for the park, development of a fee for use policy/ordinance, the installation of fencing, parking lot expansion and the provision of latrine and garbage facilities. Other improvements include a well, additional picnic tables and benches, shade structure, and interpretive signage. The total cost of the project is $159,462. There are two possible funding sources for the project, the Park Fund or the Lurton Park Fund. Staff recommends the project be funded out of the Park Fund, with the Lurton Park Fund being preserved to continue funding prairie maintenance and other future minor improvements at the park. Edwards stated in order to cover the additional expenses associated with managing a dog park, most municipalities charge a fee for a park pass. Staff proposes the following fees for the dog park: Annual passes will be in the form of a rearview mirror hanger for the vehicle and a wallet pass/receipt for the dog owner. The annual permit would be $25 for residents and $35 for non-residents. The pass would be valid from the purchase date until December 31 of the same year. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, April 25, 2016 7:00 o’clock p.m. _____________________________________________________________________________________ Page 4 of 22 7. LURTON OFF LEASH DOG PARK (continued) Day passes will be available at a cost of $5 and may be purchased at pay boxes located at the park. A one-time credit of a $5 daily dog off-leash pass can be applied to the cost of an annual dog off-leash pass when purchased. McMillan suggested this item be broken out into four items, with the first item being the design and funding for the park. Walsh stated the plan appears to be well thought out with the different areas based upon the size of the dogs. Walsh stated in his view it will be a great park and that the money for the improvements should come out of the Park Fund. Council Member Printup stated as it relates to the Park Fund, it is important to remind everyone that these are not taxes that will be collected but is money that has been collected over the years through park fees paid on various developments. Printup stated he appreciates the chart with the fund and the estimated balance that was included in the staff report. McMillan expressed a concern about spending all the money contained in the cost estimate and that some of the items could wait until the City is sure the dog park is a success. McMillan stated she is not sure if a well is required immediately and that they could perhaps hold off on a couple of items to see what the demand is or whether the City would like to do something different. McMillan stated elimination of the well, the shade sails and the picnic table could save approximately $25,000. Edwards noted the City does have a donation policy and someone could donate some of those items. McMillan stated the City may find that they would rather have some other equipment at the park and that she would like to make sure they do not get too grandiose right at the beginning. Walsh requested those items be kept on the master plan so it can be planned to be included at some point if the dog park is successful. Edwards pointed out the well would be a hand pump well versus an electrified well. Council Member Levang noted Item No. 10, the information sign, would be located over by the water feature. Edwards stated the two signs the Park Commission has been discussing in the last few work sessions are, one sign to be located near the entrance as a welcome sign with the rules and the second sign would be a sign overlooking the lake with the history of the park and how it came to be the Lurton Park. Levang stated she is not so sure about the day pass and how the City will verify that the dog that comes in on that daily pass will be current with his vaccinations. Levang noted with the annual pass the dogs would be fully vetted. Edwards stated the daily pass is based on what Three Rivers requires their parks and the daily pass would be on the honor system assuring the dog indeed has been vaccinated. Edwards stated that can be checked as part of the City’s random checks at the park. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, April 25, 2016 7:00 o’clock p.m. _____________________________________________________________________________________ Page 5 of 22 7. LURTON OFF LEASH DOG PARK (continued) Edwards stated a person would also be able to obtain an annual permit. At that time the person would need to show that they have a dog license and that their dog’s vaccinations are up-to-date. Edwards stated the mechanism for controlling the pass is similar to Three Rivers Park and would consist of a rearview mirror hanger permit. Edwards noted that would make this park and the parking lot a permit only parking lot. Edwards noted this is not a heavily used park currently and he is not sure they would be pushing many people out of it by making it a dog park as currently there are 25 other non-dog parks within Orono. McMillan noted Three Rivers has their own park police and are able to check on the daily passes better than the City can. McMillan stated because of that, she does have some concerns about the day pass at this point. McMillan stated the daily pass is something the City can add later but she would rather not put that extra duty on the Community Service Officer at this time. Printup asked if there is a way for Staff to keep track of the requests. Edwards stated the idea of the day pass is for people who want to try the park out before purchasing an annual pass and for people who might be passing by. Edwards stated other cities do a similar thing with the day pass and some only offer a day pass during normal business hours during the week. Printup asked if the day pass could be prepaid. Edwards stated that could be an option. Council Member Cornick asked if someone can still use the park without a dog. Edwards stated under the way it is currently laid out, someone could but they would need to accompany someone with a dog. Edwards stated one of the reasons the Lurton family brought this idea forward was that they were concerned about how little the park gets used, and if it was turned into an off-leash park, the usage may increase. Edwards stated when he has seen people using the park, it has been by someone who has a dog. Walsh noted there are not very many homes in the area and that most people would have to drive there. Levang stated that is something that has been discussed and the Lurton family indicated they would like to see an expanded use of the park. Edwards stated the consensus of the Park Commission was that there are a number of other parks that have nice trails where people could walk and that they wanted to take a park that was not heavily used and turn it into a better amenity for the City. Levang asked what the administrative fine is that is listed under Item D, Section 2. Edwards stated the maximum fine would be $200 but that Staff can define that better. City Administrator Loftus stated there would be a non-resident cost of $35, which is actually the same as a resident when you take into account that the resident pays a $10 dog license fee. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, April 25, 2016 7:00 o’clock p.m. _____________________________________________________________________________________ Page 6 of 22 7. LURTON OFF LEASH DOG PARK (continued) Loftus indicated Staff has also talked about needing some time to see how busy the park gets and how much patrolling will be required and at what times. Cornick asked if there is a CSO that is scheduled to work on the weekends. Police Chief Farniok indicated there is not. Loftus stated there are options for patrolling, such as using reserve officers, but that Staff is not certain how much time it will take. Edwards stated most dog parks are busiest on the weekends and that law enforcement could make a quick sweep of the parking lot to see who has a permit hanging from their rearview mirror. Printup stated in his view a simple sweep of the parking lot would be good. Cornick asked if there is any part of the plan that would allow the dogs to use the lake. Edwards stated a fence is proposed to block off the lake and the drainage pond. Edwards indicated the outer blue line is the exterior fence line that makes up the big dog park. Edwards noted some other dog parks will have a second fence with a gate. The thought was that the dogs should not be allowed in the lake. Edwards indicated the fence will be a standard 47-inch agricultural fence, which is a woven wire fence with wood and metal posts. The fence will consist exclusively of wooden posts outside the woods and then in the woods the metal posts would be utilized along with the wood posts. McMillan stated the ordinance language can come back before the Council and that the Council can approve the master plan at this time. McMillan indicated she would like an estimate of how much staff time is anticipated will be necessary. McMillan noted other cities require dog licenses and that it might be easier to have nonresidents bring in their city’s dog license. McMillan suggested the Council discuss the ordinance language and the fees at the next meeting. Levang moved, Printup seconded, to approve the Plan/Design for reconfiguring Lurton Park to an off-leash dog park, with elimination of the well, the bench, the picnic table, and the shades, with the day permit being eliminated for the time being. Edwards stated there are currently two picnic tables at the park. Levang stated the existing picnic tables are on concrete pads, which is the way any new picnic tables would be done. Cornick asked if there are any plans for a biffy. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, April 25, 2016 7:00 o’clock p.m. _____________________________________________________________________________________ Page 7 of 22 7. LURTON OFF LEASH DOG PARK (continued) Edwards indicated there is a plan to install a small concrete pad that a biffy could sit on at this park and that it would be similar to what is at other parks in the City. Edwards stated it is not proposed to have a surround-around at this time but that it can be added later at a fairly minimal cost. VOTE: Ayes 5, Nays 0. Levang moved, Printup seconded, to authorize the Mayor to sign the Amended and Restated Post Closing Agreement. VOTE: Ayes 5, Nays 0. *8. APPOINTMENT OF 2016 EMPLOYEES – UPDATE 1 Walsh moved, Printup seconded, to approve hiring Calvin Schmidt as the 2016 Golf Course Maintenance Assistant. VOTE: Ayes 5, Nays 0. PUBLIC WORKS/CITY ENGINEER REPORT, CONTINUED Edwards reported on the following activities by the Public Works Department: • Pothole filling has been completed on East Long Lake, Hunter, and the Public Works parking lot. • Culvert repair has been completed by the dentist office. • The lift station rehabilitation has been completed, with some minor site restoration work needing completion. • The Public Works Department has been working with MCES on the Shoreline Drive project. • The Russell Street access to CSAH 15 will be closed starting May 2 for two weeks for the MCES project. • The Public Works Department has performed numerous utility locates. • The Public Works Department hosted the annual clean-up day, with 208 people stopping by to drop items off. • The newly hired seasonal park worker is now on board. PUBLIC SAFETY REPORT 9. 2015 ORONO POLICE DEPARTMENT ANNUAL REPORT Police Chief Correy Farniok presented the 2015 Orono Police Department Annual Report. The Orono Police Department serves Minnetonka Beach, Mound, Orono, and Spring Park. Farniok reviewed the organizational chart for the department and the calls for service. The Police Department had a response time of 5.11 minutes for Priority I calls, with a total of 2,322 Priority I calls being received in 2015. The response call for all types of calls averaged 6.94 minutes, with a total of 8,310 calls received. The City of Mound comprised 41.5 percent of the total calls, followed by Orono with 43 percent, Spring Park with 12.8 percent, and Minnetonka Beach with 2.7 percent. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, April 25, 2016 7:00 o’clock p.m. _____________________________________________________________________________________ Page 8 of 22 9. 2015 ORONO POLICE DEPARTMENT ANNUAL REPORT (continued) As it relates to Part I crimes, there were zero homicides in the area, zero rapes reported, one robbery, one aggravated assault, 23 reported burglaries, 124 thefts, 4 auto thefts, and one arson for a total of 154. This was a decrease from 188 Part I crimes experienced in 2014. For traffic related crimes, the Police Department issued a total of 1,495 total citations as well as 82 DUIs, 55 seatbelt violations, 14 use of wireless communications device, 488 speeding violations, and 275 traffic crashes. Injuries were involved in 37 of those crashes. The Orono Police Department also investigated a total of 376 referred cases from patrol resulting in 267 arrests. There were 24 death investigations and 69 referred vulnerable adult cases from patrol and/or Hennepin County Adult Protection. The Police Department also investigated 133 theft cases, with 35 of those being theft from vehicles, 24 burglary cases, 52 assaults, and 8 criminal sex reported offenses. A total of 155 handgun permits were issued in 2015. Other activities the Orono Police Department was involved with in 2015 included responding to 478 alarms, with 389 of those being false alarms; 1,006 medical calls; 260 welfare checks; and 124 lockouts. The total number of calls received in 2015 amounted to 20,748, with 10,056 of those requiring a report or a follow-up. The Investigations Division of the Police Department was involved with a double fatality on Highway 12. The incident happened on County Road 15 in the City of Minnetonka Beach and resulted in the investigators submitting the case and signing the complaint for felony charges of criminal vehicular offense resulting in death. Other investigations by the Police Department included a felony domestic assault, strangulation and kidnapping case that was charged out, and the arrest and conviction of a serial burglar responsible for over 35 burglaries metro-wide. In addition the Investigations Division assisted the FBI with an internet child pornography case, uncovered a marijuana and poppy plant growing operation, identified three identity thieves working the area and coordinated with the United States Postal inspectors and executed three search warrants in one day, recovering stolen property and mail. Liquor and tobacco compliance checks were also conducted, with two businesses failing the alcohol check and one that failed the tobacco check. A safety talk was also given at the Gillespie Center. Three detectives attended training on investigations of financial exploitation of vulnerable adults. Farniok stated the Domestic Abuse Response Team (DART) is a group of officers that specialize in handling domestic assault cases and working with victims. This team offered support to over 20 domestic assault victims. The Orono Police Department is also involved with the West Metro Drug Task Force, with 80 search warrants being arrested and 69 arrests and 58 firearms seized. Farniok noted the amount of cocaine, crack and prescription drugs in this area is increasing due to the demand. The West Metro Drug Task Force seized illegal drugs with a street value of $5,352,744.98 in 2015. The annual budget of the West Metro Drug Task Force is $210,192.00, with $120,000 being distributed back to the departments at $20,000 per agent. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, April 25, 2016 7:00 o’clock p.m. _____________________________________________________________________________________ Page 9 of 22 9. 2015 ORONO POLICE DEPARTMENT ANNUAL REPORT (continued) The Meritorious Arrest Award was presented to Officer Tim Sonnek for his initiative in the criminal investigations of two cases that both resulted in felony level arrests, and to Sergeant Tony Wittke for his response and command of a domestic assault, terroristic threats incident in which the suspect refused to comply. Through Sergeant Wittke’s tactics, control of the scene was maintained, proper use of force was utilized, and the suspect was apprehended with no injuries. The Distinguished Service Award was presented to Officer Steve Sturm for his response to a welfare check of a war veteran. The investigation turned up a marijuana grow and unhealthy living conditions. Officer Steve Sturm was also awarded the DSA for his response to a juvenile runaway incident where the juvenile was safely removed from a dangerous situation of potential prostitution trafficking. Officer Amy Swanson was awarded the DSA for her investigations into a string of mail theft, fraud, and a massive chain of burglaries. The Orono Police Department also recognized Officer Larry Tomcheck for his 39 years of dedicated service. Officer Tomcheck retired on June 30, 2015. McMillan thanked Police Chief Farniok for his update and his service to the community. Cornick asked if Orono Police Officers are allowed to carry Narcan. Farniok stated they do not at this point since the product has a limited shelf life and that the Orono Police Department is currently working with North Memorial on proper protocols. Farniok stated the Long Lake Fire Department and the Hennepin County Water Patrol carry it. Farniok noted there are also training costs involved in addition to the product cost and that they are analyzing whether the police officers should carry it. McMillan asked if the online raid site is still available. Farniok indicated it is and that subscribers receive a daily update. Farniok stated interested residents can sign up for it on the Orono Police Department website. McMillan asked if the Code Red Program is something Orono should be looking at. Farniok indicated they have looked at it in the past but that it is based on users of the system and the initial startup was not cost effective. Farniok stated with West Hennepin initiating it, he is looking into the costs of the program again to see whether it would be feasible for Orono. Printup asked how the prescription drug drop-off works. Farniok stated it is a partnership with the DEA and that the DEA is in charge of collecting the drugs and inventorying it. Farniok stated he did talk with several agencies that have started their own program but that there are costs for the box, inventorying it, and then driving up to Alexandria so the product can be incinerated. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, April 25, 2016 7:00 o’clock p.m. _____________________________________________________________________________________ Page 10 of 22 *10. PART-TIME POLICE OFFICERS Walsh moved, Printup seconded, to approve the hiring of William Carstens, Resolution 6611, and Brian Beniek, Resolution 6612, as part-time police officers at a pay rate of $25.35 (start) per hour for William Carstens, $27.04 (after six months rate due to his experience), for Brian Beniek with a start date of April 25, 2015. (For union purposes, William Carstens will have seniority over Brian Beniek. VOTE: Ayes 5, Nays 0. *11. LIQUIDATION OF FORFEITED VEHICLE Walsh moved, Printup seconded, to authorize the liquidation of a 2006 Chevrolet Monte Carl, VIN# 2G1WK151369267037 through the Minneapolis Auto Auction or similar business. VOTE: Ayes 5, Nays 0. *12. LOGIS RECORDS MANAGEMENT SYSTEM Walsh moved, Printup seconded, to approve the Letter of Commitment to join LOGIS for the new TriTech RMS application and related interfaces. VOTE: Ayes 5, Nays 0. PLANNING DEPARTMENT REPORT – Bruce Lemke, Representative *13. #16-3814 ALEXANDER DESIGN GROUP ON BEHALF OF PETER AND MELISSA SANTRACH, 1700 BOHN’S POINT ROAD, VARIANCES – RESOLUTION NO. 6613 Walsh moved, Printup seconded, to adopt RESOLUTION NO. 6613, a Resolution Granting Variances to Orono Municipal Zoning Code Sections 78-330, 78-1279(6), and 78-1700 for Property Located at 1700 Bohn’s Point Road. VOTE: Ayes 5, Nays 0. *14. 2016 JOINT USE DOCK LICENSE RENEWALS Walsh moved, Printup seconded, to adopt RESOLUTION NOS. 6614 thru 6623 to direct Staff to issue a Joint Use Dock License to Bohns Point Lane Homeowners, Forest Arms Country Club Addition Homeowners Association, Inc., Foxhill Homeowners Association, Kelly Cove Homeowners Association of Orono, Minnetonka Power Squadron, Pheasant Lawn Homeowners Association, Pirates Cove Homeowners Association, Tonkawa, Inc. (property owners at 460,500, 550 Tonkawa Road), Victoria Estates Homeowners Association, and Walter’s Port Maintenance and Improvement Association, for the period from January 1, 2016, to December 31, 2016. VOTE: Ayes 5, Nays 0. 15. BIRCHES MN SPRING RIDE EVENT – HENNEPIN COUNTY WATER PATROL Senior Planner Gaffron stated the MN Spring Ride group is seeking approval from the City of Orono for their special event lake usage permit on June 24-24 2016, with an alternate date of July 7-8, 2016. The event is a wake board competition and a fundraiser for Brains Together for a Cure. The event will be based out of Birch’s On the Lake Restaurant with wakeboard activities on the lake side of the venue. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, April 25, 2016 7:00 o’clock p.m. _____________________________________________________________________________________ Page 11 of 22 15. BIRCHES MN SPRING RIDE EVENT – HENNEPIN COUNTY WATER PATROL (continued) The Hennepin County Sheriff’s Office Water Patrol requires communities bordering the impacted lake to give their approval for the permit. The City of Long Lake gave approval at their April 5, 2016, Council meeting. Both the Cities of Long Lake and Orono must provide approval in order for MN Spring Ride to obtain their event permit from the HCSO Water Patrol. Gaffron noted included in the packet are a couple of letters from Long Lake residents expressing their concerns related to this event. Cindy Adams, 1130 Hunter Hill Circle, Long Lake, stated she recognizes the rights of all Minnesotans to use the lakes but that there also needs to be a balance between those individuals and lakeshore property owners who bear the brunt of erosion and damage to personal property. Adams stated she fully appreciates that this could be construed as a not in my backyard issue but it does go beyond that. Adams stated it is a privilege to live on the lake. The residents pay substantially higher taxes and have added responsibilities of maintaining and protecting the lakeshore, the water quality and use factors of the lake that other users do not take into consideration. Many of the residents are picking up trash and debris left by other users of the lake. Adams stated erosion on Long Lake is a serious problem. If the dam were a foot lower, they probably would not be having this discussion. Adams stated a prime example is the area of the cemetery which is in Orono, with the countless trees in the water on the verge on falling over. The area along East Long Lake Road is in terrible condition. Highway 12 is slated for shoreline restoration by the state. Adams stated this is only a small representation of public property damage and that there is also the private damage. Adams stated she is quite concerned about the impacts of this wakeboarding event and that she completely understands the difference between wakeboarding and wake surfing. Confining this event to a small area of the lake outs the potential of shoreline erosion and property damage on those residents that live within the proposed restriction zone set forth by the wakeboarding coordinators. The other thing that is not known about the event is what the actual timing of the event will be. The permit says it is from 8 a.m. to 6 p.m. on both Friday and Saturday. Adams questioned whether it will be an all-day event. The proposed restriction zone is far and away too close to shore. Waves formed by these specialized boats travel forcefully and for quite some distance before they dissipate. In addition, it will encumber those residents in the restriction zone to have clear or easy access or ordinary navigation from their docks to the lake. According to MN State Law, it is against the law to operate a water craft so its wash or wake endangers, harasses or interferes with any person or property. To operate a water craft so that it obstructs ordinary navigation. A person may not cause, contract for, or authorize an activity that causes excessive soil loss. From a quick check of the DNR website, the cemetery across the lake, which is in the proposed zone, is 1,042 feet at the shortest distance from shore to shore. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, April 25, 2016 7:00 o’clock p.m. _____________________________________________________________________________________ Page 12 of 22 15. BIRCHES MN SPRING RIDE EVENT – HENNEPIN COUNTY WATER PATROL (continued) Other distances shore to shore include Tealwood at 1,953 feet, Underhill Circle to the east is 1,500 feet. The area to the right of that is 1.067 feet. The west bay of Long Lake is 3,000 feet at it’s widest and the east bay is 2,500 feet at its widest point. Adams stated Mr. Diveck’s revised proposal allows for approximately 700 feet setback from Tealwood, 400 feet from the cemetery, Birches and Summit Beach. At last week’s Long Lake City Council meeting Mr. Diveck said he would like to see 500 or even 1,000 feet, which is closer to the center of the lake. Regardless, how will this be accurately measured or enforced. Adams stated given the diagram, her property and that of the other residents would be considerably less than 700 feet from this zone. Also from the diagram it appears the residents are looking at less than 400 feet and it could likely be less than 300 feet given the path of the tow boat. The residents’ docks extend out another 40 feet, leaving approximately 260 feet between the dock and the proposed course. Adams stated it will be difficult for the tow boat to maintain the same exact path for every run and that maintaining the approximately 75-foot setback distance as stated by Mr. Diveck allows for a variance, so it could be up to 100 feet. Adams questioned who will be monitoring this for accuracy. Adams indicated a friend of hers who has a master’s degree in fluid dynamics did some basic calculations. While the calculations are too complicated to present this evening, the basic premise of those calculations is that waves can travel around the world and they don’t stop until they hit something. Adams stated his best logical guess is over 400 feet, the waves would dissipate by 15 to 20 percent. This event is to be staged in front of Birches. Since Birches has been opened, there have been growing pains and compromises, but overall it has been a positive and welcome addition to the community. The local residents all want him and Brenda to have the greatest success. Adams stated if she were Birches, she would exploit every opportunity to stage events in front of her business and that he is probably actively looking for activities year-round as any savvy business owner would do. Adams stated as word gets out, others will be coming to him. Adams stated approving this will set a precedent and unduly affect the most vulnerable areas of the lake as well as the most densely populated area of the lake. Adams stated Birches has not been on the lake long enough to understand how quickly and badly the shore can be damaged until they are forced to repair it. Long Lake is a welcoming lake for all users but violations of state laws are frequent. Adams stated unfortunately there is little to no enforcement on the lake. The lake is small and the Water Patrol has greater things to do than worry about Long Lake. Many of the residents have made calls to the Water Patrol over the years and it is usually the case of a little too late or no response at all. Many outside boaters know this and exploit it to their advantage. Adams thanked the Orono City Council for their attention and patience and that she would sincerely ask that they vote no to this permit. If the Council elects to approve the permit, she would request that they place some restrictions on the permit, such as Water Patrol supervision and relocating the line to the center of the lake. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, April 25, 2016 7:00 o’clock p.m. _____________________________________________________________________________________ Page 13 of 22 15. BIRCHES MN SPRING RIDE EVENT – HENNEPIN COUNTY WATER PATROL (continued) McMillan asked where the starting dock would be. Jay Fogelson, 4618 South Lake Sarah Drive, Independence, indicated the starting dock would be staged off of Birches. Fogelson stated they usually just come in, pick up three or four people, and then bring them out to the boat. Fogelson noted there will not really be a dock out in the lake and that there will be a safety/photography boat sitting in the area. McMillan asked why the event permit lists 10 hours. Fogelson indicated that gives them time to get the buoys out on the lake and that the actual event itself will start at 9:00. There will also be breaks periodically and other down times throughout the day. Fogelson stated the end time will depend on the number of contestants and that they have contestants ranging from 5-years-old to 17-year-olds and older. Printup asked if he has done this at other area lakes. Fogelson indicated he has and that he has done this for six years. Fogelson indicated the first two years were held up in McGregor and that they then went over to Craggen’s Resort for three years. Fogelson stated the turnout at McGregor was small and that he would prefer to stay in the area where he resides. Fogelson stated they typically like to have the event in June because if they wait any longer, the rates go way up. Fogelson noted he has obtained permits all six years and that he has never had a problem with the sheriff’s office or anything like that. Fogelson stated it is not required for Hennepin County Water Patrol to come out but that they would be glad to have them. Walsh asked if he would be okay with having a sheriff’s boat out there. Fogelson indicated he would not have a problem with that. Walsh asked if he would have a problem having the line out in the middle of the lake. Fogelson stated they will be at 400 feet, which is pretty close to the middle of the lake, and that state law requires them to be 150 feet from shore. Fogelson stated he knows there was a concern about people being located along the shore, which will not be the case. The buoys will help keep that distance from the shore and to make it more uniform for the competitors. Fogelson indicated the buoys are to help keep traffic to a minimum during the contest and that there will be other boats on the lake that will be much closer than they will be to the shoreline. Fogelson stated as far as easy access goes, there have been lakeshore owners on every lake they have operated on and that they are free to come and go as they please. Walsh stated what he heard was that it would not be a problem to move the line. Fogelson stated if the sheriff is okay with it, they would be happy to do that. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, April 25, 2016 7:00 o’clock p.m. _____________________________________________________________________________________ Page 14 of 22 15. BIRCHES MN SPRING RIDE EVENT – HENNEPIN COUNTY WATER PATROL (continued) Levang asked why they chose Long Lake. Fogelson noted he resides on Lake Sarah and that it is close to home. Fogelson indicated they will also be picking up any debris they find out in the water and that he does not feel that will be a problem. Walsh asked how many contestants there will be. Fogelson indicated there will likely be 20 to 30. Walsh noted Birches has limited parking and that it would be difficult to accommodate a large group. Fogelson indicated they have parking lined up at Metro Storage with a shuttle. They also have approval from Long Lake to put up signs indicating no parking across from Birches. Printup asked what kind of waves will wash up on shore with the wakeboarding as opposed to the wake surfing. Fogelson stated there will be at least a 75 percent reduction and that the boats will be going 20 to 24 miles per hour. With the children and women competitors, the waves will be smaller. Fogelson noted when the boat turns around, the shoreline will be on the outside of the turn and that the wave will be even more reduced. Fogelson stated it is likely the waves will be 80 percent less than wake surfing. McMillan asked if there will be the same group of competitors on both days. Fogelson stated Friday will be the kids and the less inexperienced and Saturday will be the more experienced wakeboarders. Cornick asked if the safety boat will have medical personnel on board. Fogelson indicated his wife is a registered nurse and his brother is a firefighter. Fogelson stated they can definitely line something else up if necessary. Cornick suggested the sheriff’s boat be there for at least the first event involving the younger and inexperienced competitors. Loftus noted when there is a request for an officer to be present at a private event, there would be a charge for that at an hourly rate. Cornick stated they would likely have to pay for the deputy and the boat, which could be significant. Loftus stated that is typically how Orono handles it. Cornick stated if the Hennepin County Emergency Squad is out there, which is a volunteer group, it might be less. Fogelson stated he would rather not incur those costs if there are other options. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, April 25, 2016 7:00 o’clock p.m. _____________________________________________________________________________________ Page 15 of 22 15. BIRCHES MN SPRING RIDE EVENT – HENNEPIN COUNTY WATER PATROL (continued) McMillan stated he will need to ask someone from Hennepin County if they can dedicate a boat and personnel for two days Cornick stated the other option could be to negotiate something with the Long Lake Fire Department. Fogelson stated the proceeds go to Brains Together for a Cure and that he would like to keep the costs down. Fogelson stated they have not had any injuries in six years, with over 100 contestant runs. Levang commented she would be more comfortable knowing there are emergency personnel out there, especially given the young children. Fogelson stated in previous years his brother, who is a firefighter, has been present. Jennifer Bankstom, 1272 Tealwood Place, Long Lake, stated she was disappointed with the Long Lake City Council for approving this event. Bankstrom questioned why this event has not been in the Twin Cities area previously and why it is being proposed for one of the smallest lakes in the area. Cindy Adams brought up the fact that the Water Patrol is busy elsewhere, which may be why these kind of events and wake surfers are coming to this lake. Bankstrom stated she knows the Council is aware of the erosion issues and that she brought some pictures of the cemetery and her lakeshore showing how the riprap has been blown away. Bankstrom indicated she also have pictures of East Long Lake Road. Bankstrom stated she understands Orono has spent a great deal of money placing riprap there that has been torn apart due to the high waves. Bankstrom noted it is a public lake and people should be able to use it, but that restrictions have been put in place for snowmobiling, 4-wheeling, and other types of more extreme sports that cause problems for the environment. Bankstrom stated she is asking the City Council to consider not approving the permit because the more this is allowed and the more activities there are on the lake, the word will get around that this is the lake to come to. Bankstrom stated in her view those waves looked high. Michael Pann, 1272 Tealwood, also questioned why they picked Long Lake and not Lake Minnetonka. Pann indicated he looked up the LMCD, which Orono is part of. The Special Event Section, which is 3.09, runs from Pages 86 to 91, and lists all the requirements for a special event. One of the requirements related to lake quality. The water quality of Long Lake is very poor and is down around a D. This spring it looks awful. Pann questioned how the residents are going to be ensured that the boats coming in will be clean. Pann noted one of the requirements for Lake Minnetonka for a special event is that the boat has to be cleaned, inspected, and dried for five days prior to an event. Pann stated it is doubtful that will happen in this case. Pann stated this is the smallest lake in the Orono area and he would the sponsors to take this event out to Lake Sarah, which is where he lives. Pann stated Birches does not have room for parking. Birches has a deck that is limited to 28 people. Pann questioned who is going to ensure that that is going to be followed and who is going to ensure that the boats are staying inside the buoy area. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, April 25, 2016 7:00 o’clock p.m. _____________________________________________________________________________________ Page 16 of 22 15. BIRCHES MN SPRING RIDE EVENT – HENNEPIN COUNTY WATER PATROL (continued) Pann stated he would also ask that the Water Patrol be on site in case there are any issues. Pann indicated he totally agrees with having some medical personnel there. Pann requested the Orono City Council vote against this request. Marty Schneider stated he serves on the Long Lake City Council and was one of the Council Members who did vote against this. Schneider stated his concern was more logistical and that the revised proposed was not offered as an alternative to the Long Lake City Council. Schneider stated he is passionate about serving his local community and that one of the observations he made at the time is that it is local in that it is being hosted by Birches. The business that is sponsoring it is Marine Max out of Rogers and the charity is out of Rochester. Schneider stated when he looks at this type of event, he looks at the local presence. Schneider stated when they talk about the environment, Long Lake welcomes any type of boating activity that is legal, but that he does not think the community has to go that extra step to host or promote events. One of the things that comes up on the Minnehaha Creek Watershed District Task Force time and time again is best practices. Best practices is not just about eliminating something or banning something but it is ensuring that best practices are followed. Schneider stated by having an event like this, from an environmental standpoint, it does not add up to best practices. Long Lake is a small, distressed lake, and anything people can do, even in a small way, to eliminate that pressure is important for Long Lake and the community. Walsh stated he resides on Lake Minnetonka on West Arm, which is only a mile across and a relatively quiet bay, and the waves pound on the shore. Walsh stated in looking at the pictures of the riprap, it appears to be pretty minor and the waves will erode that away. Walsh stated he is concerned just in general about the erosion and the waves. Walsh stated his other concern relates to not having some type of police force out there to monitor the event. Walsh stated this will have a party atmosphere and there needs to be some type of patrol out there. Walsh stated he is not sure how to alleviate the wave part given how small Long Lake is. Cornick stated his only concern is the safety and that he would throw his support towards this event because he does not want to undermine what the City of Long Lake has done to approve it. Levang stated it is a difficult decision because the Long Lake City Council has approved it, but that she does have several hesitancies. Levang noted Mr. Pann talked about a clean boat and making sure that all the boats are clean, which is also a concern. Another concern is emergency personnel. Levang stated it is very fortunate that they have not had any difficulties in the past but that it just takes one to have a catastrophic event happen. Levang stated in her view moving to the center of the lake would be important as well and that they should stay as far away from the shoreline as possible to protect the neighbors. Levang noted she does not live on the lake and does not know what it would be like to be worried about her shoreline eroding, but that what happens over these two days is some pretty intensive use. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, April 25, 2016 7:00 o’clock p.m. _____________________________________________________________________________________ Page 17 of 22 15. BIRCHES MN SPRING RIDE EVENT – HENNEPIN COUNTY WATER PATROL (continued) Printup asked why he picked Long Lake over Lake Independence or Lake Sarah. Fogelson indicated there are no public venues out there and that they would be very far out. Printup asked how the City can apply a special condition as it relates to emergency personnel. Gaffron indicated Staff would send the Water Patrol any conditions that the Council requests but that Staff expects the Water Patrol to monitor what happens. Mattick noted it is the County’s permit and they would be responsible for policing that. Mattick stated if the City Council is on board with this, they can make recommendations for conditions to be placed on the permit. Printup asked why he chose 400 feet rather than closer to the middle. Fogelson indicated that was John Diveck’s recommendation. Fogelson noted on any given weekend there will be 20 to 30 boats on the lake and that they will have just one boat within that area. Levang asked what the 400 feet is based on. Fogelson stated it is based on what already exists for recommendations and that they would start at the green buoys. Fogelson stated when they turn the boat, the wake will get cut in half. The outside turn would be towards the east shore. McMillan stated she has a concern with the number of hours being requested for this event and that he is asking a lot from the local homeowners. McMillan stated if he can shorten it up, that would be better. McMillan noted the residents are primarily Long Lake property owners and that an event of this type kind of holds them captive while this event goes on. McMillan stated Friday is probably not as big of a deal as Saturday but that they will be starting at 8:00, 9:00 in the morning and going to 6:00. McMillan stated she is not sure if he is comfortable reducing those hours. Fogelsom stated typically on Saturday they start at 11:00 and are done by 3:00 or 4:00. Fogelsom indicated they need a little time to get the buoys out there and to get things ready. Fogelsom indicated on Friday they generally would like to get started around 9:00 and then wrap up around 3:00 or 4:00. McMillan asked if he would be comfortable ending it at 4:00 Fogelsom indicated that would be fine. McMillan noted she is talking about the competition times. McMillan asked if the Water Patrol is okay with putting buoys out there. Fogelsom stated they approved basically the same map four years ago. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, April 25, 2016 7:00 o’clock p.m. _____________________________________________________________________________________ Page 18 of 22 15. BIRCHES MN SPRING RIDE EVENT – HENNEPIN COUNTY WATER PATROL (continued) Jane Davidson, Long Lake, stated she has a Ph.D. in fluid mechanics and is a professor at the University of Minnesota. Davidson stated she has not done any formal calculations, but that she is concerned about the Council thinking that moving the boats out to the center of the lake will solve the erosion problems. Davidson stated if you have been out on Long Lake, particularly at the narrow end of the lake, the waves actually go from one shoreline to the next. At the point where the white buoy is, the waves come around the peninsula and the erosion is quite remarkable. There are tree trunks that are out as much as 15 feet into the water. Davidson indicated last year they renovated that area on their property from input from the DNR and the Watershed District and they also have to put in their lift two or three times each summer because the waves knock it sideways. Davidson stated she is concerned that the Orono City Council is not adequately taking into account the environment. Davidson stated business interests are for a short time and the environment is a long time. Davidson stated without further analysis, the City Council should pause it for a year and get some more sophisticated information relating to safety and the environment. Keith VandenBrandon, 1480 Long Lake Boulevard, stated he has lived here for 41 years and three years ago he had to install $10,000 worth of riprap to save his property. VandenBrandon stated he has never seen that type of erosion until the large boats started coming out on the lake. Long Lake is approximately two-thirds the size of Lake Calhoun and that this lake is not the type of lake that needs this type of use. VandenBrandon commented he does not know how so few can annoy so many and cause so much damage and that he is not sure why the residents have to put up with it. VandenBrandon encouraged the City Council to vote no on this application. Printup stated it sounds like there is a question over whether Long Lake is a recreation lake and that he is not sure whether it is Orono’s place to get into that tonight. Printup indicated he is okay with the conditions of 9:00 to 3:00, the buoys where they are at, and asking for an emergency response team. Printup stated he is not sure how much teeth Orono can put into that except for noting it on the application that gets sent to the Water Patrol. Walsh stated when the affected residents are being negatively impacted by this and when this is not a make or break deal for Birches, he is going to side with the affected community because it will cause lots of problems and there are lots of question marks. Walsh indicated he is not supportive of it. Levang stated she appreciates the reminder about a business entity and the residents. Levang stated at this point she is not willing to approve the application. Walsh moved, Levang seconded, to deny the special event lake usage permit for the MN Spring Ride Group for June 24-25, 2016. McMillan stated it is difficult for Orono to oppose this with the Long Lake Council having approved it and the business and residents being in Long Lake as well. McMillan indicated she respects what the Long Lake Council has done but that she understands some people were not given the opportunity to speak because they were out of town, which is why they are here tonight. McMillan stated she has a lot of respect for Orono’s neighboring council, but that it was a 3-2 vote, which means that the Long Lake City Council was not completely in favor of it. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, April 25, 2016 7:00 o’clock p.m. _____________________________________________________________________________________ Page 19 of 22 15. BIRCHES MN SPRING RIDE EVENT – HENNEPIN COUNTY WATER PATROL (continued) McMillan stated she is not sure if the Long Lake City Council will want to reconsider this after Orono’s determination, but that she hopes the Long Lake Council listens to the audio tape of tonight’s meeting so they hear some of the concerns that were raised. VOTE: Ayes 3, Nays 2, Cornick and Printup Opposed. MAYOR/COUNCIL REPORT Walsh reported he attended the Planning Commission meeting and that he would like to see the meetings recorded so people can get a feel for what is being discussed. Walsh stated he also had a builder that sat behind him at that meeting that brought up the constant issues about structural coverage on small lots. Walsh noted he spoke with the city administrator a number of months back about getting a group together to come up with some recommendations on Orono’s Zoning Code and that it would be nice to put something together on that to get additional input from the builders in the area. Loftus asked if he envisioned that item being included in the customer service survey. Walsh stated it should probably be separate since the focus should be somewhat focused on structural coverage on smaller lots versus two-acre lots. Loftus stated Staff encourages residents to submit their comments or complaints in writing so it has a better chance of being prioritized and is documented. McMillan stated the builder might want to go over 15 percent but the neighbor might like the 15 percent, which is something to keep in mind. Walsh stated it dovetails with the height of the structure as well. McMillan noted the Council will be discussing that item in November and that Staff is currently reviewing the issues. McMillan stated it is also difficult to fit the text amendments onto some of the agendas since the City is approaching its busy season. Walsh stated it is something to talk about and that the local builders might have some suggestions for how to approach it. McMillan stated written comments by the builders would be very helpful for Staff. Cornick stated he would just like to remind the Council of their commitment to respect each other, especially in public areas. Levang reported the Navarre Community Initiative is continuing to clean up Navarre and two weeks the group performed a massive cleanup along County Road 15. Levang stated the neighbors and businesses were thrilled with the cleanup. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, April 25, 2016 7:00 o’clock p.m. _____________________________________________________________________________________ Page 20 of 22 MAYOR/COUNCIL REPORT (continued) Levang stated that is the kind of work that really does lead to community building, and at one particular property the property homeowner did come out and help them and was very happy with the work. Levang noted this Saturday the 2K walk will be held and that she will be there with Mayor McMillan. The event starts at 9:00 at Harvest Moon and is the kick-off to the Step to It challenge. Levang stated she would like to see a lot of people come out and participate and that the residents can sign up online. Levang noted the deadline for the 10th Annual Essence of Orono Contest is May 31. Information will be available on the City’s website and an article will also appear in the City’s spring newsletter. Printup stated there were a lot of code issues discussed at the Planning Commission and that he would make his weekly plug for the meetings to be videotaped. Printup noted he received some information via e-mail about affordable housing from an organization and it sounds like it was referred to Staff. Printup indicated he e-mailed the organization back and said that he is not really a proponent of such a thing, but that he is not sure how Staff is proceeding with that. CITY ADMINISTRATOR’S REPORT 16. FIRST QUARTER FINANCIAL REPORT Finance Director Olson stated this is the first quarter financial report which tends to be the slowest quarter of the year. Olson noted these reports are unadjusted and that every outstanding invoice has not been included in the report. As it relates to revenues, the City is at 16.1 percent of the budget, which is slightly higher than last year’s revenues. Olson noted the City will not receive any of its tax settlement until June, with property taxes being the number one revenue item in the budget. Charges for services are already at 43 percent of the budget. Part of that is because the City of Mound pays twice a year for police service. Olson stated as it relates to other sources and transfers, that item is already at 105 percent of budget. Olson noted a couple of meetings ago the Council approved the selling of some land on Stubbs Bay, which amounted $25,000. The City generally does not budget anything for the sale of land since it does not occur on a regular basis, which is why that item is at 105 percent of budget. As compared to last year, the City was at 16.46 percent of budget at this time and ended the year at 105 percent of revenues. Olson stated the City is on track compared to last year but revenues are a little bit lower this year due to a decrease in licenses and permits. Olson stated at this point he is not too concerned about that line item, partly because last year at the beginning of the year there was an increase in building permits done early due to impending regulations at the state. Expenditures are at 24.22 percent, which is on target for the year. Most of the adjustments that have been made are to include the first payroll of April, which is for compensation earned in March. The Mayor and Council Department is at 34.34 percent of budget and is the result of the timing of payments for memberships. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, April 25, 2016 7:00 o’clock p.m. _____________________________________________________________________________________ Page 21 of 22 16. FIRST QUARTER FINANCIAL REPORT (continued) Orono has also paid Wayzata and Long Lake through June for fire services which resulted in the Fire Protection Services Budget being at 49.79 percent. Olson noted there are a few other departments that are between 25 percent and 26 percent, but this is normal and is not a cause of concern. Olson noted the City has a slightly higher investment balance than they did last time because a fair number of new investments were purchased in March, which had to do with government bonds being called. Olson stated the higher interest rate enacted by the Federal Reserve did not flow through to the bonds and the issuer refunded them, which is why there were a number of new purchases by the City. Olson noted the interest rate typically ranges from 0.75 percent for a one-year CD to 1.3 percent for a five or six year CD. Olson stated overall the General Fund budget is looking good through the first quarter. Revenues, while only at 16.61 percent of budget, are where they are expected to be at this point in the year. Expenditures are also on track to be at budgeted levels. Olson indicated Staff is working on a report that will list the City’s vendors from high to low, the high being the one the City spends the most money with, and that information will be incorporated into the quarterly report. Walsh asked if more homes have sold out at Lakeview. Gaffron indicated they have started building five or six homes and that they are fairly confident more homes will be started this spring and summer. CITY ADMINISTRATOR’S REPORT, CONTINUED Loftus reported last Wednesday was the City’s open book meeting for the residents and the City’s Assessor reported that 11 residents attended the meeting. One inspection was scheduled following that meeting. The City has also been informed by Bob Byers at Hennepin County that they have officially informed Three Rivers that they will participate and contribute $100,000 to the trail from Livingston to the Dakota Trail. Loftus stated to her knowledge all three partners are ready to go on that project and that the next step will be contacting the affected property owners regarding the project. Since the project is located along a county road, it is likely Hennepin County will be taking the lead on the project. *17. PERMITS/LICENSES Garbage Hauler 1. Empty Can Sanitation, LLC 7300 County Road 26 Maple Plain, MN 55359 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, April 25, 2016 7:00 o’clock p.m. _____________________________________________________________________________________ Page 22 of 22 *17. PERMITS/LICENSES (continued) Walsh moved, Printup seconded, to approve the above-listed license. VOTE: Ayes 5, Nays 0. *18. CLAIMS/BILLS Walsh moved, Printup seconded, to approve payment of the All Fund Account. VOTE: Ayes 5, Nays 0. CITY ATTORNEY’S REPORT City Attorney Mattick stated he had nothing to report. ADJOURNMENT Walsh moved, Cornick seconded, to adjourn the Orono City Council meeting at 9:35 p.m. VOTE: Ayes 5, Nays 0. ATTEST: ____________________________________ _______________________________________ Diane Tiegs, City Clerk Lili Tod McMillan, Mayor MINUTES OF THE ORONO CITY COUNCIL WORK SESSION April 25, 2016 5:00 o’clock p.m. ___________________________________________________________________________ PRESENT: Mayor Lili Tod McMillan, Council Members Jim Cornick, Jr., Aaron Printup, Lizz Levang, and Denny Walsh. Representing Staff were City Administrator Jessica Loftus, Finance Director Ron Olson, Public Works Director/Engineer Adam Edwards, Senior Planner Michael Gaffron, and City Clerk Diane Tiegs. GUESTS: Hennepin County Assessor, James Atchison; Long Lake Council Member, Lizz Olson; Cemetery Board Members Jim Dillman and Sam Retinger 1. Hennepin County Assessor Contract - Presentation from James Atchison The City of Orono contracts with Hennepin County for assessing services. The current 4- year contract expires on July 31, 2016. Hennepin County Assessor James Atchison provided information to Council which included an “At a Glance” information fact sheet and a PowerPoint presentation reviewing the services offered. Mr. Atchison reviewed the diverse types of properties and their values which include executive homes, lakeshore neighborhoods, and small neighborhoods. Property valuation ranges in Orono are 32 percent $0 – 400,000, 34 percent $400,000 – 800,000, 17 percent $800,000 - 1.2 M and 17 percent are $1.2M and higher. Orono has a culture in which residents call and expect a personal response regarding their concerns. Orono has had the most contacts regarding the valuation notices for a community of its size. The Hennepin County Assessor’s Office provides excellent customer service and education to the community and residents. The Hennepin County Assessor’s office houses two staff appraisers at Orono City Hall, Tom Kunik and Mike Smerdon. Their time at Orono is 80% re- evaluation phone calls and 20% reviewing property. Housing staff and property records at City Hall provides a quicker response to resident requests. Hennepin County is in the process of implementing the e-homestead applications online. This is set for June 2016 County-wide and will create a more efficient process. Risk Management issues are addressed by the Hennepin County Administrators and no extra fees are incurred. Legal advisors from the County Attorney’s office are at the assessor’s disposal. Open Book efficiencies and future improvements may move to the format of region meetings rather than community. This would allow more opportunity for residents to bring forth their valuation concerns as the Open Book times and dates would be for more than one 3 hour session per community. Hennepin County Assessors are qualified to appraise all properties within the county. The Hennepin County Assessing Division supplies computers, business analysts, legal consulting, and 50 staff which includes 38 certified assessors to address resident concerns. Council Member Printup asked where Orono falls in valuations are after the crash of 2009 as to whether valuations have stabilized. City Administrator Loftus stated that Hennepin County follows the market which means we are re-active and not pro-active. We currently house other community’s property files and City Administrator Loftus suggested compensation for that storage. Mr. Atchison said an $8,000 credit for 2015 and a $5,000 credit for 2014 was reimbursed to the City for not using the full contract amount. In conclusion the assessing contract expires July 31, 2016. Loftus stated this discussion was to review Hennepin County process and provide information to Council. Printup would like to poll other communities to learn how they do their assessing. Mr. Atchison reminded Council that this is a full-time 2 person job not a weekend/evening position. Orono takes a tremendous amount of effort to do the proper valuations. Council Member Levang is not interested in looking at doing it differently due to the excellent job the current assessors are providing the City of Orono. Council Members Walsh and Printup would like more information so Council members can answer resident inquiries. Why do communities choose to go with a private assessor? Mr. Atchison relayed that many communities have moved to county services due to growth and retirement of private assessors. 2. Cemetery Road Parking / Ownership City Planner Mike Gaffron provided historical information for Cemetery Road. Cemetery Road provides access to Union Cemetery. Currently employees of the Birch’s Restaurant use the road for parking. Concerns have risen regarding the road integrity, maintenance along with who actually owns cemetery road. Gaffron reviewed the conclusions of his research. He believes it is a public road, never dedicated but historically it is a public road. Discussion at this meeting centers on the issues of regulating the parking of Birch’s employees, road ownership, and who is responsible for road maintenance. Walsh asked Long Lake Council Member Olson whether Long Lake would want total ownership of the road and she responded no. The road is split, the north side belongs to Long Lake and the south side belongs to Orono. Orono regularly plows the road during the winter and posts weight restrictions in spring. The maintenance should be split 50/50 in the event the road integrity is weakened. The manager of Birch’s has been working with the cemetery board and agrees to direct his employees to park on the south side which has solved the parking problem. Walsh says it makes sense to plat the road accurately and cost share. Regarding policing the area, police could sweep the parking area after bar hours. Someone needs to communicate with Birch’s what the expectations are when using the south side of cemetery road. Council directed Loftus to meet with Long Lake City Administrator Scott Weske and to discuss road maintenance issues. 3. Sub-Committee with Orono School Loftus relayed that Council discussed whether a subcommittee with Orono Schools should be formalized to regularly meet with Orono Schools staff per a request from Council Member Walsh. She asked Council if this is something they would still like to do and who would be on the sub-committee. Walsh and Printup would like to meet and have dialog with the school staff as a sub-committee. Mayor McMillan is hesitant to get that political with the school. The City has to maintain balance with other school districts within Orono. She would rather invite school staff to a Council Work Session to share information as a group. Walsh stated the subcommittee is to just talk with the board to keep a dialog going and keep updated as to what is happening. Printup feels that the Orono School Board is hesitant to get politically involved with the City. Mayor McMillan said that the City must remain neutral especially regarding school issues such as school referendums and does not want to give the impression that one school is receiving preferential treatment over other schools in our community. The City Council receives the meeting minutes and meeting packets via the weekly Information Update which provides updates and board action. An invitation to meet as a group would be appropriate. 4. Road Funding and Planning The current street rebuilding and maintenance required on City roads exceeds the current resources. Public Works Director/City Engineer Adam Edwards reviewed the assumptions and requested initial direction on road funding from Council. There is still much work to be done for a fully developed road funding program. The 2014 Road Management Plan was a start. The plan requires $1,050,000 annually for preventative maintenance and re- construction funds. That Plan has been the source document driving the Pavement Capital Improvement Plan which in turn is used to develop the annual pavement maintenance budget. However due to a lack of funding the most pavement maintenance projects have been deferred. Although not budgeted or planned for the city has done some maintenance works with previous year’s budget surpluses (averaging $380,000 annually over the last 10 years). Currently the city does not have a sustainable budget. Council’s options for funding sources are to change the levy, assessments, franchise fees, or reallocating resources from other city activities. The 2008 Casco Point Road was repaired using bonds which will be expiring in 2023. Looking at the historical records it appears that a decision was made to use the Cities preventative maintenance funds to pay back the bonds on this project. This has left the city without a reliable budget for road maintenance. Mayor McMillan said Council could look to add levy funds that result from increase property values but did not want to increase the levy rate. Edwards would like direction from Council to move forward because the longer road maintenance is deferred the more expensive to repair. Currently maintenance workers are trying to play catch up with limited funds and staff, with some roads beyond patching. Walsh wants a list of the street reconstruction projects under consideration reviewed. Edwards reviewed the top priority roads, 2016 road maintenance, and current improvement activity in progress. A feasibility study for Fox Street improvements is slated for this summer with projects possible in 2017-2019. Council Members are in agreement that Fox Street needs to be repaired as soon as possible. Fox road complaints are for the length but the worst sections are on the west end. Total street costs are from the Pavement Management Study. A feasibility study will provide more detail to refine the numbers. With the recent road bids coming in low there should be sufficient funds in the MSA account to rebuild the MSA section of Fox in 2017. If a sufficient funding source can be identified it would be wise to also rebuild the western most (city funded) section as well in 2017. In addition to rebuilding our worst roads the city needs to invest in preventative maintenance activities such as mill and overlays and seal coating. Hunter, Tamarack and Casco Circle were all proposed for mill and overlays in 2016 but differed. With the surpluses from 2015 they could be reconsidered. Hunter Roads condition is in decent shape underneath but the top coat is disintegrating. Tamarack is in nearly the same condition. Northern Avenue is at the top of the list but due to the building project in that area repair would be best to wait. There may be a cost savings to group roads together which would better serve residents by limiting disruption. Walsh wants to get the bad roads completed. He would like Hunter and Tamarack set for mill and overlay this year and hold any excess funds for Fox Street. Mayor McMillan is interested in adding more funds to the levy but keeping the tax rate at 17%. Council Member Levang is fine with increasing the levy and agrees with moving forward on maintenance for Fox, Hunter and Tamarack. Walsh stated Hunter is more than a mill and overlay. Walsh said the Orono Schools should fund $25,000 to fund the shoulder turn lane problem and the City could fund $25,000. Printup likes the idea of cost sharing with the schools. Walsh would like a feasibility study on Leaf Street for mill and overlay. Edwards said Leaf could be a staggered project as some sections may need to be re-built. He will provide a proposal to redo the roads and re-assessment of the cost at the May work session. ATTEST _________________________________ ____________________________________ Diane Tiegs, City Clerk Lili Tod McMillan, Mayor REQUEST FOR COUNCIL ACTION DATE: May 9, 2015 ITEM NO: 4 Department Approval: Administrator Reviewed: Agenda Section: Name Jessica Loftus JML Presentation Title City Administrator Item Description: Senator David Osmek Minnesota State Senator David Osmek will attend the May 9th meeting to provide a brief update of legislative activity and address any issues or questions. COUNCIL ACTION REQUESTED: No action required. REQUEST FOR COUNCIL ACTION DATE: May 9, 2016 ITEM NO: 5 Department Approval: Administrator Reviewed: Agenda Section: Name Jessica Loftus JML Presentation Title City Administrator Item Description: Western Communities Action Network (WeCAN) Executive Director, Christie Larson, from Western Communities Action Network (WeCAN) will be attending the meeting to present their 2015 Annual Report. Larson has provided the attached reports for your information. COUNCIL ACTION REQUESTED: No action required. WeCAN 5213 Shoreline Drive, Mound MN 55364 P 952.472.0742 F 952.472.5589 wecanmn.org Family Support • Meals on Wheels •Mobile Market • Emergency Assistance • Employment Program . WeCAN is a community nonprofit that provides support services empowering individuals and families to reach stability and self-sufficiency Programs Include: ∞ Emergency Assistance ∞ Family Support Programs ∞ Meals on Wheels ∞ Mobile Market Food Shelf ∞ Employment Program ∞ Resources and Referrals In 2015, WeCAN: ∞ Served 1,322 individuals with 5,867 different services ∞ 51% of those served were adults, 38% were children and 11% were seniors ∞ $44,755 was spent on Emergency Assistance services for families in crisis ∞ 836 people were provided warm winter gear ∞ 213 children were given backpacks filled with the school supplies they needed ∞ 510 Kids’ Food Program bags were given out to children during school breaks ∞ Volunteers delivered 7,571 Meals on Wheels to seniors in need ∞ Over 45,000 pounds of food was distributed via our Mobile Market programs Orono: ∞ 4 emergency financial services to stabilize crisis situations ∞ 13 family support programs to stretch budgets ∞ 142 meals were served with Meals on Wheels ∞ 13 residents participated in our Mobile Market food shelf programs For more information, please contact Christie Larson, Executive Director: (952) 472-0742 x224 executivedirector@wecanmn.org REQUEST FOR COUNCIL ACTION DATE: May 9, 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: Lurton Park Parking Lot Expansion ________________________________________________________________________________________________________ 1. Purpose. The purpose of this action item is to gain approval to proceed Lurton Park parking lot expansion. 2. Background. At the April 25th, 2016 Council meeting the council approved the transition of Lurton Park to an Off Leash Dog Park. Included in the approved plan and project budget was the expansion of the parking lot. 3. Project Scope. Construct 400 square yards of paved parking area. 4. Quote Summary. The following quotes were received by the City for this project. Contractor Quote Omann Brothers Paving Inc. $ 21,950.00 Allied Blacktop Company $ 46,620.00 Bituminous Roadways, Inc. $ 17,250.00 5. Cost. The lowest quote from a qualified contractor was $ 17,250.00 from Bituminous Roadways, Inc. 6. Funding. This project will be funded from the Park Fund. COUNCIL ACTION REQUESTED: Motion to accept the quote in the amount of $ 17,250 from Bituminous Roadways, Inc. for the expansion of the Lurton Park Parking lot. Date Application Received: 01/20/16 Date Application Considered as Complete: 03/03/16 120-Day Review Period Expires: 07/01/16 REQUEST FOR COUNCIL ACTION Date: May 9, 2016 Item No. 7 Department Approval: Administrator Approval: Agenda Section: Name: Melanie Curtis mcc Planning Title: Planner Item Description: #16-3808, Rick Denman o/b/o Casco Ventures LLC, 3800 Casco Avenue, Variances Application Summary: The applicant requests a lot area variance, rear and front yard setback variances in order to construct a new residence on the property. The plan has been revised slightly since Planning Commission review to reduce the structural footprint to meet the 15% limitation, however the house has been rotated on the lot and encroaches 7 feet into the required 30 foot front setback on the south side. Planning Commission Recommendation On March 21st the Planning Commission held a public hearing and reviewed the application including the evidence submitted. Following the public hearing the Commission voted 5 to 0 on a motion to recommend approval of the lot area and rear setback variances with the following conditions: 1.The house was to be revised to conform to the 15% limitation for structural coverage. Planning Staff Recommendation Staff recommends approval of the lot area, rear and front yard setback variances. If the Council finds it appropriate staff should be directed to draft an approval resolution for adoption at the May 23rd Council meeting. The Council may also elect to return the revised plan to the Planning Commission for their review and comment. COUNCIL ACTION REQUESTED Council should consider directing staff to draft an approval resolution. List of Exhibits: Exhibit A. Proposed Survey – Revised Exhibit B. Hardcover Calculations – Revised Exhibit C. Proposed Plans & Elevations – Revised Exhibit D. PC Staff Report & Exhibits Exhibit E. PC Minutes 03/21/16 JML Date Application Received: 03/15/16 Date Application Considered as Complete: 03/18/16 60-Day Review Period Expires: 05/15/16 REQUEST FOR COUNCIL ACTION Date: May 9, 2016 Item No. 8 Department Approval: Administrator Approval: Agenda Section: Name: Melanie Curtis mcc JML Planning Title: Planner Item Description: #16-3818, Dale Mulfinger (SALA Architects) o/b/o Chris & Leslie Neugent, 710 Big Island – Resolution Application Summary: The applicant is requesting average lakeshore setback, lake setback, and 0-75’ hardcover variances in order to construct additions to the existing cabin and construct a detached storage building/garage. The following projects are planned: 1. The footprint of the cabin will be expanded and the interior space reorganized to accommodate a main floor bedroom. The addition on the main floor west side will result in a library space and will not extend beyond the lakeward extent of the existing covered porch on the cabin over 95-feet from the lake; and 2. The addition of a screen porch addition on the north side of the cabin approximately 5 feet lakeward of the 75-foot setback line, to utilize the two existing 3’ x3’ foundation piers remaining from the original cabin; and 3. The construction of a 25’x35’ storage garage to be situated 76 feet from the OHWL. All of the projects are located lakeward of the average lakeshore setback line; variances are necessary. Planning Commission Recommendation On March 21st the Planning Commission held a public hearing and reviewed the application including the evidence submitted. No public comments were received and there was no one from the public present to comment on the application. Following the public hearing the Commission voted 5 to 0 on a motion to approve the variances with the following condition: 1. The construction plans must be revised to reflect the correct foundation plan utilizing the 3’x3’ footings and not a solid foundation. Planning Staff Recommendation The applicant has provided a revised plan for the foundation of the screen porch as directed. Staff recommends approval of the variances. A draft approval resolution has been provided for Council’s consideration. COUNCIL ACTION REQUESTED Council should consider adopting or amending the approval resolution. List of Exhibits: Exhibit A. Draft Resolution Exhibit B. Proposed Survey Exhibit C. Proposed Plans & Elevations – Revised Exhibit D. Hardcover Calculations – Revised Exhibit E. PC Staff Report & Exhibits Exhibit F. Draft PC Minutes 04/18/16 Date Application Received: 3/23/16 Date Application Considered as Complete: 04/05/16 60-Day Review Period Expires: 06/04/16 REQUEST FOR COUNCIL ACTION Date: May 9, 2016 Item No.: 9 ______________________________________________________________________________ Department Approval: Administrator Approval: Agenda Section: Name: Michael P. Gaffron JML Planning Dept. Title: Senior Planner ______________________________________________________________________________ Item Description: #16-3821, Richard Storlien o/b/o Tim & Mary Becker, 1565 Fairview Cottage Lane - Conditional Use Permit - Resolution ______________________________________________________________________________ Zoning District: LR-1B, One Family Lakeshore Residential, 1.0 acre/140’ width Lot Area: 52,506 s.f. (1.21 acres) Lot Width: 235 feet at 929.4 shoreline, 210 feet at 75’ setback line List of Exhibits A – Resolution for Adoption B – Notice of PC Action 4/21/16 C – Draft PC Minutes of 4/18/16 D – Planning Commission Memo and Exhibits dated 4/13/16 Application Summary: The applicants are requesting approval of a CUP in order to install a full bathroom, including shower or tub, within a proposed detached accessory structure (garage with bonus room or studio above) on the property. Please review the attached Planning Commission memo and exhibits. Planning Commission Recommendation: The Planning Commission reviewed this application and held a public hearing at its April 18th meeting, and voted 5-0 to recommend approval of the conditional use permit as proposed, subject to the standard covenant conditions. Staff Recommendation: Staff recommends approval per the Planning Commission recommendation. A Resolution for approval is attached for Council consideration and adoption. COUNCIL ACTION REQUESTED Motion to adopt or amend the attached resolution entitled A Resolution Granting a Conditional Use Permit Pursuant to Municipal Zoning Code Sections 78-328(7) and 78-1437 – File No. 16-3821. Date Application Received: 3/23/16 Date Application Considered as Complete: 4/4/16 CMP Amdmt. 60 -Day Review Period Expires: 6/3/16 120-Day Subdivision Review Period Expires: 8/2/16 REQUEST FOR COUNCIL ACTION Date: May 4, 2016 Item No.: 10 ______________________________________________________________________________ Department Approval: Administrator Approval: Agenda Section: Name: Michael P. Gaffron JML Planning Dept. Title: Senior Planner ______________________________________________________________________________ Item Description: 16-3822 Lakewest Development, 3245 Wayzata Boulevard West - Preliminary Plat / RPUD Rezoning / Comprehensive Plan Amendment ______________________________________________________________________________ Summary of Request: Applicant requests the following approvals for a proposed 27-lot single- family residential development: 1) Amendment of the Orono Comprehensive Plan (Community Management Plan or “CMP”) to allow development of the property at a density of approximately 5.5 units per developable acre for this property which is guided in the CMP for development at a density of 10-15 units per acre, and to allow single family dwellings in place of the multi- family dwellings currently guided in the CMP; 2) Preliminary plat approval for a 27-lot single-family residential subdivision; and 3) Rezoning to Residential Planned Unit Development (RPUD). Existing Zoning District: RR-1B One Family Rural Residential District (2 acre/200’ width) Proposed Zoning District: RPUD Residential Planned Unit Development CMP Land Use Designation: High Density Residential, 10-15 units per acre Proposed Land Use Designation: Medium Density Residential, 3-7 units per acre Parcel Area: Gross Site Area 30.5 ac. Wayzata Blvd. (CR112) R-O-W - 1.6 ac. Delineated Wetland - 13.3 ac. Net “potentially buildable” area 15.6 acres Proposed Development Density: Gross Site Area 30.5 ac. Wayzata Boulevard - 1.6 ac. Outlot A (Wetlands, Buffers*, Landfill) - 24.0 ac. Net Developable Area 4.9 ac. Proposed Units 27 Units NET DENSITY 5.5 Units/Acre *Met Council guidelines allow wetland buffers to be excluded from net developable acreage calculations. #16-3822 May 4, 2016 Page 2 of 8 Planning Commission Recommendation: The Planning Commission reviewed this application and held a public hearing at its April 18 meeting. Planning Commission recommended as follows: - On a motion to recommend approval of the Comprehensive Plan Amendment: Vote: 4 For 1 Against - On a motion to recommend approval of rezoning of the entire site to RPUD with flexibility as requested, noting that future development of the large outlot would require a future approval process. Vote: 5 For 0 Against - On a motion to recommend approval of the preliminary plat subject to a number of conditions (see below): Vote: 5 For 0 Against Park Commission Recommendation: The Park Commission reviewed this application at its May 2 meeting and recommended that a 10’ trail easement along the northerly property boundary be granted for potential future trail use. Park Commission tabled the question as to whether land for park purposes should be dedicated instead of a park dedication fee, pending individual further review and analysis of the site and City park needs. Staff Recommendation: Due to specific concerns raised by the Planning Commission and very recent indications from Hennepin County that only one vehicle access point will be allowed onto Wayzata Boulevard, there are likely going to be significant revisions to the site layout. Staff is requesting Council comment on the current plan, but no formal action on it. Confirmation that the Council will approve the rezoning to RPUD is requested. Rezoning would be formalized only upon completion of the final plat approval process. Regarding the Comprehensive Plan Amendment, Staff requests Council direction for moving forward. The next step would be preparation and adoption of a resolution for preliminary approval of a Comp Plan Amendment, for submittal to Metropolitan Council, based on the proposed density of 5.5 units per acre; and revised development standards to allow single-family homes as opposed to the currently guided multi-family buildings. Please review the Planning Commission memo and exhibits and the draft April 18 PC minutes. List of Exhibits A – Notice of Planning Commission Action dated 5/3/16 B – Draft Planning Commission Minutes of 4/18/2016 C – Planning Commission Memo & Exhibits dated 4/14/16 D – Supplementary Conservation Design Report excerpts received 4/30/16 #16-3822 May 4, 2016 Page 3 of 8 Summary of Review Activity to Date Sketch Plan Reviews. This property was the subject of a sketch plan review by the Planning Commission in August 2014 followed by sketch plan reviews by the City Council in September 2015 and again in January 2016. The initial proposal for 27 single-family lots has undergone a number of minor revisions but the basic scheme remains – single family homes on individual lots, either side of a center road running east-west on the high ground along Wayzata Boulevard. Minutes from the sketch plan reviews are included in the April 2016 PC Packet attached. Comp Plan Amendment, Rezoning & Preliminary Plat - Planning Commission Review, 4/18/2016. This application for the required Comprehensive Plan Amendment, rezoning, and preliminary plat approval was reviewed by the Planning Commission at its April 18 meeting. Elements of the proposal are described in detail in the attached PC memo and Exhibits dated April 14. The Planning Commission voted 4-1 to recommend approval of the Comp Plan Amendment; voted 5- 0 to recommend approval of the rezoning to RPUD, noting that RPUD is the only feasible zoning available to accommodate the proposed density and style of development; and voted 5-0 to recommend approval of the preliminary plat; subject to the following conditions and recommendations: 1. It was noted that the Comprehensive Plan Amendment relies on Metropolitan Council approvals, and that density is anticipated to be a potential issue, as it relates to the pending need for providing additional lands for higher density to meet Met Council expectations. 2. Recommendation to approve the rezoning from RR-1B to RPUD, noting that the project as proposed requires a high degree of flexibility which is only feasible via rezoning to RPUD. 3. Recommendation to approve the preliminary plat, subject to a number of conditions as well as concerns that need to be resolved in order for the application to move forward: a. It is critical that a final determination be obtained from Hennepin County as to whether two access points to Wayzata Boulevard will be allowed. If not, that can have significant impacts on the site layout and internal circulation. b. The internal road system is proposed as private, which makes sense given that only a 40’ road outlot corridor is proposed with a 28’ paved width (50’ corridor and 32’ paved width would be required for a public road). However, PC suggests that if the westerly access is approved, with the potential for future development within the landfill area, that north-south section of road should be 32’ paved width, even if it remains in a 40’ corridor (but this further impacts the short driveways for Block 3… can those homes be moved further west?) c. Given the Council’s desire for a trail easement along Wayzata Boulevard for the Orono Preserve development further east, PC noted that a trail easement deserves additional discussion, while the applicant noted that construction of a public trail within the northerly 10’ of the property will have severe impact on the northerly tier of homes. d. The 10% private park RPUD requirement for this site should be adequately met by the private park (pool and play area) proposed in Outlot C and the private trail that follows the perimeter of the landfilled area. #16-3822 May 4, 2016 Page 4 of 8 e. Planning Commission suggests that flexibility in number of stories is warranted, since while most homes proposed will have two stories above a basement or walkout, the topography along the southern lots overlooking the wetland is such that some walkout levels may be defined as stories based on the current definition relating to percentage of wall exposure. f. It is acknowledged that site grading will likely remove all existing trees and vegetation from Wayzata Boulevard to the wetlands in order to accommodate this development, and that lowering the grade adjacent to Wayzata Boulevard is likely to drastically change the visual appearance of this site as viewed from the County road. g. With regard to the potential second-phase multi-family building which would make use of a portion of the landfill, Planning Commission suggests that the entire site be rezoned to RPUD, with separate standards for that building being established with a separate “Phase 2” development review process if/when that building is proposed. It would also be appropriate to note in the initial approvals that such use would require replatting Outlot A into a building site. Additional comments from the Planning Commission’s perspective can be found in the April 18 minutes. Park Commission Review and Comments, 5/2/16 The Park Commission reviewed the project plans at their May meeting and were asked to address two specific items – whether a trail easement should be granted along Wayzata Boulevard, and whether there is any desire to acquire land for park use as opposed to collecting a Park Dedication Fee for this development. On a vote of 5-0 the Commission indicated that a trail easement should be required, but they acknowledged the difficulty and potential costs of actually constructing and maintain a continuous trail along Wayzata Boulevard make it unlikely the easement will be used. With regard to the land versus fee question, the Commission voted 5-0 to table pending further review of the site by the members and consideration of whether there is a need for park land at this location. Based on the Fair Market Value of the property, the park dedication fee to be collected at the time of final plat approval is anticipated to be within the range of $87,750 to $149,850. Revised/Updated Conservation Design Report A revised Conservation Design Report has been submitted and the revised pages are attached as Exhibit D. Hennepin County Comments A copy of the preliminary plat was forwarded to Hennepin County for comment on April 26. While no formal comments have been received as of this writing, staff has received an indication via voicemail that the County likely will limit the site to one access point, which will potentially result in a revised plat layout. It also appears that the County will require right and left turn lanes, and would like to further discuss the issue of trails along Wayzata Boulevard. City Engineer Comments As noted in the Planning Commission memo, City Consulting Engineer Robert Bean has reviewed the submitted plans and his comments generally pertain to engineering matters that can be resolved in due course. Those comments are included as Exhibit E of the Planning Commission packet. #16-3822 May 4, 2016 Page 5 of 8 Fire Department Comments A review of the plat by the Fire Chief is pending, subject to a final road system layout. The property is planned to be served with municipal water. Dwelling Unit Design The applicant presented a number of dwelling designs (Exhibit J of PC packet) which were reviewed by the Planning Commission. As noted above, applicant is requesting flexibility with regard to the 2-1/2 story limit due to the topography and orientation of the units facing the wetland. Additionally, as indicated in the table on page 5 of the April PC memo, flexibility to many of the single-family lot standards is requested. Public Comments The only public comments received to date are those made at the public hearing by Allan Engleman of 315 Old Crystal Bay Road North, who suggested that turn lanes on Wayzata Boulevard should be required. He also commented on the proximity of the Met Council sewer force main in the right-of-way, and runoff treatment relative to the dump location. Summary of Issues for Consideration Staff suggests that the primary focus for consideration and discussion by the Council should include the following topics: Comprehensive Plan Amendment In reviewing the amendment, Council should attempt to set aside the details of the proposed development and look at the broader picture, consider the following: 1. Does the amendment further the City’s goals for development of higher density housing? 2. Are there specific aspects of this site that support a reduction of the density from the current guided density? 3. Are there any negative aspects to reguiding this site for lower density? 4. Aside from numerical density concerns, does Council have any concerns about revising the development parameters for this site from multi-family use in one or two buildings to single family individual homes? 5. The developers have suggested the possibility of developing a multi- family building within the landfill site, which would require extensive mitigation (remove landfill contents in area being developed). That is not part of their current request. Does Council find that adding a multi-family building would be desirable if it helps increase density on the property? 6. Are there specific conditions that should be established as part of an approval of the reguiding? 7. With the proposed amendment, the City’s overall development density is expected to drop below 3.0 units per acre. The City will need to identify more opportunities for higher density housing. Rezoning from RR-1B to RPUD Council should confirm that RPUD is the appropriate rezoning option for this development. Staff and Planning Commission believe RPUD is the only viable available option for development of this parcel in the manner proposed by the applicants. RPUD #16-3822 May 4, 2016 Page 6 of 8 allows for the level of flexibility necessary to accomplish the proposed development. For discussion: 1. Should Block 3 be reconfigured so that no parts of the proposed building lots are within 250’ of the OHWL of Lake Classen in order to meet this RPUD condition? This likely will require additional survey work to establish the location of the OHWL on the north side of Wayzata Boulevard. Options are to reconfigure the building sites, or consider a variance to the RPUD 250’ separation requirement. (Planning Commission did not have an issue with varying from the 250’ limitation) 2. Should the entire site be rezoned to RPUD, or just the area being developed (i.e. rezone everything except Outlot A)? (Planning Commission suggested that the entire site should be rezoned to RPUD, but any future Phase 2 development be subject to a separate review process if/when that is proposed) Preliminary Plat Review 1. Does Council agree that the road should be private? It was noted by the Planning Commission that the westerly north-south road be constructed to a 32’ public road standard width (rather than 28’) within the 40’ proposed right-of-way corridor, given the potential to serve a future multi-family building. This would also impact the homes on Block 3 which have relatively short driveways, suggesting lot layout revisions may be appropriate. 2. Given the likelihood that a second access will be denied by Hennepin County, how will the developer revise the deign layout? 3. The general design and orientation of dwelling units proposed and the minimal lot sizes and setbacks as compared to the RPUD standards requires a significant level of development flexibility. Does Council have any concerns about the lot widths, setbacks, Floor Area Ratio (FAR), number of stories or other RPUD standards for which flexibility is required in this proposal? Does the Council have any concerns or questions regarding the design of the proposed dwelling units? 4. A small number of lots will have relatively short “back yards” where the home will be no more than 10-15 feet from a wetland buffer. Are these acceptable? The lots in these situations are typically smaller because the wetland buffer will be part of the commons area. 5. The proposed front setbacks to the street are a result of the ‘zig-zag’ lot configuration which allows for off-street parking. Is this configuration acceptable? 6. Do the private park and trail system satisfy the 10% private recreation area requirements of the RPUD District? 7. The grade changes and removal of existing trees along Wayzata Boulevard will significantly change the visual character of that section of Wayzata Boulevard, while also placing homes nearer the elevation of the highway at a distance of 50-60 feet from the traveled road. Does this present any specific concerns? The perimeter vegetation plan should be reviewed – is there a need for additional buffering of the homes from Wayzata Boulevard? #16-3822 May 4, 2016 Page 7 of 8 8. The revised Conservation Design Master Plan (CDMP) has been revised to include more complete recommendations and direction to address the topics of Invasive Species, Protection of Significant Tree Stands, and Protection of Wetlands. Are there any other concerns regarding environmental protection of this property as it develops? 9. Are there any other issues or concerns with this application? Staff Recommendation The site plan for this application would appear to be in flux given the County indications that a second access point is not going to be allowed. How that impacts the internal road layout is of concern, and even more so regarding a potential future multi-family dwelling option. There are a variety of topics noted above for which Council discussion would assist the developer in moving forward. Briefly, these include: - Acceptability of proposed density, desirability of Phase 2 multi-family building - Whether flexibility will be granted for lot area, lot width, setbacks, FAR, hardcover, etc. - Public vs private road status, paved widths - Sufficiency of proposed 10% private recreational spaces to meet RPUD standards - Acceptance of portions of Block 3 within 250’ of Lake Classen OHWL - Determination of need for trail easement along Wayzata Boulevard - Pending Park Commission review, any desire to take land for park vs park fee - Acceptance of the conceptual house plans and elevations as proposed - Acceptance of expected grade changes and vegetation removal along Wayzata Blvd - Additional topics as noted in this memo Staff would recommend the following course of action: a. Council direct staff to draft a resolution for conditional approval of the Comprehensive Plan Amendment for adoption in two weeks. The amendment would then be immediately forwarded to Metropolitan Council for review and approval. In the interim pending that approval, Council should attempt to identify alternate sites in the City for higher density development. b. Given the anticipated site plan revisions, Council may conclude that the preliminary plat for this development as presented is not ready for preliminary plat approval. The application could be tabled for revisions. At such time that Council determines the plan is generally acceptable, then direct staff to draft a resolution for preliminary plat approval, incorporating appropriate conditions. The resolution would include language noting that approval of the rezoning to RPUD is preliminarily approved and will be formally approved at the time of final plat approval. #16-3822 May 4, 2016 Page 8 of 8 COUNCIL ACTION REQUESTED Review the attached materials, hear the presentation by the applicant, and consider whether all issues of concern have been addressed. Provide staff with direction for moving forward as noted above. REQUEST FOR COUNCIL ACTION DATE: May 9, 2016 ITEM NO: 11 Department Approval: Administrator Reviewed: Agenda Section: Name Jeremy Barnhart JML Planning Title Community Development Director Item Description: Text Amendment: Concept plan process Application Summary The draft ordinance establishes a process for the conceptual review of policy applications to be made by the Council. Policy applications include comprehensive plan and zoning map amendments, zoning text amendments. The ordinance also removes the requirement that Class III subdivisions go through sketch plan process. This issue was the 10th highest priority in the annual ordinance review last fall. Planning Commission Recommendation The Planning Commission reviewed the draft ordinance at their April meeting, minutes are attached. There was some discussion on which applications are appropriate for concept review; Staff and the Commission felt that concepts focused on policy changes were more appropriate. This would allow interested parties to develop material for Planning Commission and Council discussion on items including Comprehensive Plan amendments, and zoning amendments (map and text). To date, there have been no comments for or against the proposed ordinance. Action Requested: Adopt, by motion, the Ordinance as drafted. List of Exhibits: Exhibit A. Draft Ordinance Exhibit B. Planning Commission Packet dated April 18, 2016 Exhibit C. Planning Commission draft minutes, April 18, 2016 REQUEST FOR COUNCIL ACTION DATE: May 9, 2016 ITEM NO: 12 Department Approval: Administrator Reviewed: Agenda Section: Name Jeremy Barnhart JML Planning Title Community Development Director Item Description: Text Amendment: Hard Cover calculations 0-75 Application Summary The draft ordinance codifies practice and confirms Council intent. Retaining walls, while not permitted within the lakeyard, are to be counted as hardcover within that lake yard, as is all other permitted and grandfathered hardcover. Retaining walls outside of the lake yard are not to be included in the calculation of hard cover. Planning Commission Recommendation At their April meeting, the Planning Commission reviewed the draft ordinance amendment. The Planning Commission noted the history of the original discussion in 2012 and supported the amendment as drafted. There have been no public comments received to date. Planning Staff Recommendation Staff recommends approval of the ordinance as drafted. Action Requested: Adopt, by motion, the ordinance as drafted. List of Exhibits: Exhibit A. Draft Ordinance Exhibit B. Planning Commission Packet dated April 18, 2016 Exhibit C. Planning Commission draft minutes, April 18, 2016 REQUEST FOR COUNCIL ACTION DATE: May 9, 2016 ITEM NO: 13 Department Approval: Administrator Reviewed: Agenda Section: Name Jeremy Barnhart JML Planning Title Community Development Director Item Description: Planning Commission Chair and Vice Chair Application Summary The City Council is asked to confirm the Planning Commission nomination of Chair and Vice Chair. Planning Commission Recommendation At their April meeting, the Planning Commission nominated John Thiesse and Bruce Lemke as Chair and Vice Chair, respectively for the next term. The current Chair, Denise Leskinen has requested to step down; the current Vice Chair, Kevin Landgraver will be absent for several meetings in 2016. Action Requested: Confirm, by motion, John Thiesse as Chair and Bruce Lemke as Vice Chair. REQUEST FOR COUNCIL ACTION DATE: May 9, 2016 ITEM NO: 14 Department Approval: Administrator Reviewed: Agenda Section: Name Jeremy Barnhart JML Planning Title Community Development Director Item Description: Navarre Parking Lot Improvements Application Summary The Navarre Parking lot is in need of maintenance, including patch filling, seal coating and restriping. Further, the efficiency of the lot has been questioned due to its evolution over time and its irregular boundaries. Staff has received complaints of poor lighting, cut through traffic, and the desire for more parking spaces. The Navarre event last fall highlighted the need for an attractive gathering space for the community. It seems appropriate to review the functionality of the parking lot prior to seal coating and restriping. The development of a master plan, which may include expansion, lighting, landscaping, power, and revised circulation would address the immediate issues such as safety while providing a framework of projects to be completed over time, as budget allows. It is anticipated that City investment in the area will facilitate private investment in adjacent parcels. A first step in this review is the preparation of a survey. The city has not surveyed the property in all the years we have owned it. Staff has requested and received two quotes for the survey: Gronberg and Associates: $3,000 (no trees surveyed) Bolton and Menk: $6,500 (no trees surveyed) The funds would come from either the community investment fund or street fund. The Council may elect to budget for the survey, delaying the project to 2017. The current balance of the community investment fund is $875,000. Staff would facilitate the development of the plan with the cooperation of the adjacent businesses and the Navarre Community Initiative. Action Requested: Authorize, by motion, Gronberg and Associates to complete a survey for the Navarre Parking lot and related parcels with the funds coming from the contingency account. List of Exhibits: Exhibit A. GIS based parking lot boundary REQUEST FOR COUNCIL ACTION DATE: May 9, 2016 ITEM NO: 15 Department Approval: Administrator Reviewed: Agenda Section: Name Jessica Loftus JML City Administrator's Report Title City Administrator Item Description: Prosecuting Attorney – Request for Proposal (RFP) Four (4) submittals were received for the prosecuting attorney Request for Proposals (RFP). A list of law firms that submitted proposals is attached. MN Statute 13.591 states data submitted by a business to a city in response to an RFP is not public data until the city has completed negotiating the contract with the selected vendor. Therefore, you will receive the complete proposals under separate cover before the meeting. The City Council may want to decide which firms to interview. The City Council may rate the applications with the attached form and submit them to the City Administrator to compile the scores for an average or you may choose to simply state your top candidates you’d like to interview based on your review of their applications. Based on the number and length of interviews, you could change the proposed timeline as highlighted below. City Council Approval of RFP Discussed in January/Policy approved in February. Advertise and Distribute RFP March 28, 2016 RFP Submittal Deadline April 29, 2016 Review of Proposals May Interviews June 13, 2016 Prior to regular meeting 5pm: TBD 6pm: TBD June 27, 2016 Prior/part regular work session 4pm: TBD 5pm: TBD Appointment Fall of 2016 Start Date January 1, 2017 or as negotiated to assure a smooth transition. COUNCIL ACTION REQUESTED: Consider a motion directing staff on how to proceed with interviews for the Prosecuting Attorney RFP. Proposals: 1. Kenneth Potts, PA 2. Steve Tallen, Tallen & Baertschi 3. Jennifer Spalding, Gregerson, Rosow, Honson & Nilan 4. David Ross, Carson, Clelland & Schreder Evaluation Criteria from RFP: Criteria Excellent Good Fair Poor The firm's approach to and understanding of the Scope of Work. _______ _______ _______ _______ The firm's experience with similar contracts and clients. _______ _______ _______ _______ The experience and qualifications of the proposed staff in providing similar services. _______ _______ _______ _______ The firm's demonstrated ability to deliver work on time and within budget. _______ _______ _______ _______ The firm's most significant qualifications for this proposal. _______ _______ _______ _______ Previous City experience with the proposing firm, if any. _______ _______ _______ _______ Acceptability of the firm’s retainer proposal. _______ _______ _______ _______ Communication skills. _______ _______ _______ _______ Costs of services. _______ _______ _______ _______ Other qualifications/criteria, as deemed appropriate by the City Council. _______ _______ _______ _______ Overall fit with City needs. _______ _______ _______ _______ REQUEST FOR COUNCIL ACTION DATE: May 9, 2016 ITEM NO: 16 ______________________________________________________________________________ Department Approval: Administrator Reviewed: Agenda Section: Name Ron Olson RJO JML City Administrator's Title Finance Director Report ______________________________________________________________________________ Item Description: Fund Balance Transfer ______________________________________________________________________________ In accordance with the Government Accounting Standards Board (GASB) and the Minnesota Office of the State Auditor recommendations, the City has adopted a fund balance policy. The policy specifies that the City will maintain an unassigned General Fund balance ranging from 45% to 50% of the General Fund revenue budget. As of December 31, 2015 the unassigned fund balance is $4,334,589, this represents a balance of 57.2% of the General Fund revenue budget. A fund balance of 50% would be $3,789,935 which indicates that the City has an excess fund balance of $544,654. The excess fund balance is reflects a positive a variance of $661,025 in the General Fund operating budget for 2015. The positive variance is the result of revenues exceeding budget, while expenditures were under budget. Revenues ended the year at 104.7% of budget or $357,489. Year-end expenditures were at 96.0% of budget, or $303,536. According to the policy, the amount in excess of 50% is to be transferred to the Community Investment Fund. The Council does have the authority to transfer excess fund balance to funds other than the Community Investment Fund. The Council indicated at the work session dated April 25, 2016 that they desired to transfer the excess fund balance to the Pavement Management Fund. The funds will be used to perform work on Tamarack and Hunter this year, with the remaining funds used on Fox Street. COUNCIL ACTION REQUESTED: Consider a motion transferring $500,000 from the General Fund to the Pavement Management Fund for use on approved road projects. REQUEST FOR COUNCIL ACTION DATE: May 9, 2016 ITEM NO: 17 Department Approval: Administrator Reviewed: Agenda Section: Name Jessica Loftus JML City Administrator’s Report Title City Administrator Item Description: Hackberry Property Purchase As part of the City's long-term vision for Hackberry Park, the City pursued an opportunity to purchase the parcel at 140 Hackberry Hill for inclusion into the Park. The owners have agreed to sell their property to the City, while retaining a “life estate”. The Capital Improvement Plan for 2016 allocated $285,000 for the purchase of this property. Campbell Knutson has assisted with the negotiation and the proposed purchase agreement and Life Estate Agreement are attached. It is recommended the purchase agreement be approved. COUNCIL ACTION REQUESTED: Consider a motion to approve the attached purchase agreement. REQUEST FOR COUNCIL ACTION DATE: May 9, 2016 ITEM NO: 18 ______________________________________________________________________________ Department Approval: Administrator Reviewed: Agenda Section: Name Ron Olson JML City Administrator’s Report Title Finance Director _____________________________________________________________________________ Item Description: Golf Course Donations _____________________________________________________________________________ In an effort to raise funds for the ongoing improvements at the Orono Public Golf Course, a group of citizens recently mailed out a fundraising letter. This fundraising effort is part of their Stay the Course initiative which was created to help maintain and preserve the course. Authority for cities to accept donation is granted by Minnesota Statute 465.03 which authorizes Minnesota cities to “accept or devise of real or personal property and maintain such property for the benefit of its citizens in accordance with the terms prescribed by the donor.” All donations must be accepted by resolution with a 2/3 vote of the Council. The following new donation has been received: Steve and Mary Simmons 550.00 Tom and Meredith Olson 100.00 Craig and Judy Moen 50.00 Patricia and Ben Jaffray 550.00 This year to date, five donations totaling $1,800.00 have been received. The donations are being credited to the Orono Golf Course Special Revenue Fund. Amounts in this fund are restricted in use to the maintenance and improvement of the course and its facilities. Upon acceptance of these donations, staff will send each donor a letter thanking them for their support. COUNCIL ACTION REQUESTED: Motion to adopt the attached resolution to Accept Golf Course Donations. A RESOLUTION TO ACCEPT GOLF COURSE DONATIONS WHEREAS, The City of Orono is generally authorized to accept donations of real and personal property pursuant to Minnesota Statutes Section 465.03 for the benefit of its citizens; and WHEREAS, The following persons have offered to contribute the cash amounts set forth below to the city: Name of Donor Amount Steve and Mary Simmons Tom and Meredith Olson Craig and Judy Moen Patricia and Ben Jaffray 550.00 100.00 50.00 550.00 WHEREAS, All such donations have been contributed for the maintenance and improvement of Orono Public Golf Course, as allowed by law; and WHEREAS, The City Council finds that it is appropriate to accept the donations offered. NOW, THEREFORE, BE IT RESOLVED BY the City Council of Orono, Minnesota that the City acknowledges and accepts the donations as listed the for the maintenance and improvement of the Orono Public Golf Course. Adopted by the City Council of the City of Orono on May 9, 2016. Attest: Approved: Diane Tiegs, City Clerk Lili McMillan, Mayor REQUEST FOR COUNCIL ACTION DATE: May 9, 2016 ITEM NO: 19 ______________________________________________________________________________ Department Approval: Administrator Reviewed: Agenda Section: Name Diane Tiegs JML City Administrator’s Report/ Title City Clerk Licenses & Permits ______________________________________________________________________________ Item Description: Licenses & Permits _____________________________________________________________________________ The following completed applications for a Garbage & Refuse Collector License are attached: 1. Baldy Sanitation Inc. 5906 Henry Street Maple Plain, MN 55359 Baldy Sanitation serves approximately ten commercial customers on the north side of Orono. 2. Randy’s Environmental Services 4351 US Hwy 12 SE Delano, MN 55328 Randy’s Environmental Services serves approximately five hundred fifty (550) customers in Orono. 3. Republic Services, Inc. 9813 Flying Cloud Dr. Eden Prairie, MN 55347 Republic Services serves approximately three hundred (340) customers in Orono. 4. Waste Management 490 Industrial Blvd. Winsted, MN 55395 Waste Management serves approximately three hundred (310) customers in Orono. Staff is recommending approval of the above listed licenses based on each applicant meeting the licensing requirements and having a history of compliance with no complaints in recent years. A notice of spring road restrictions was provided to each hauler. Staff recommends approval. COUNCIL ACTION REQUESTED: Consider a motion to approve the above listed licenses. The undersigned wishes to operate the indicated business in the City of Orono and herewith makes applications for a license to do so. Business/Firm Address Rruvui~'s So.niio . .+\oo , lne . h6fi" Ro..Y\.d3'5 Evwi ran men'fa. f Servi ce5 s 5 w Id... s E D 0 /, e I o , SS3 I ( treet) (City) Business Phone Number ( 7 6 3J ~ 7 J.. -3 33 5 / (Stat (Zip code) Check One: D Individual 0Partnership ~Corporation Check All That Apply In Orono: ~ Residential f;llCommercial ~Roll-Off Applicant's Name B OJy\ d..~ Is So.m d :ll { roY1 :r fl ~ f R.an J11 I( R. Roskow 10.. k J Address • : I .De (~ f{\11. Home g,c!Jre~s· S~foi «t'±fh. s+ I S£ S:S.3 ~cf So..n cir°' L\ Rcs~w ·i~k} (Street) (City) (State) (Zip code) Phone Number S°'-Wl e Email .ro..nc\y SS a nd·oJ·; 01), C.Ol'Y\ ·.NOTE'. 1he City of Orono enforces spring weig ht restrictions each year. Orono follows the St~te. typically restnctions run from March 151 -May 15th each year. Fines will be given if vehicles are over axel limits of 14,000 per axel Enclosed is a copy of the Orono Resolution establishing seasonal weight restrictions.on Orono public cify streets and a copy of our current year fee schedule. · · · Des cription of Vehicles (attach list if more) ~umber of vehicles to be used in Orono ~ Mfgr. Gross wt. Front Axle Wt. Rear Axle Wt. Size/Yards License Number ( General area of City served: _ __..('....i..l .... ~¥---""'-+-=-..__~------------------ Schedule of Collection charges/ dates: ,.._,_r~~-"-"'ai.-'r'-'""'--''-----=;;--1-~=-=-=-=:=i.-S,.__ ________ _ ~ ct. '() . Approximate number of customers in Orono: S 5 D Location of dumping area: __ S~e~e-~a ..... Ho-._... ..... c-h~~e.J~-~cl~I =5~eJ~o~S=u~r~e_. IN ORDER FOR THIS APPLICATION TO BE PROCESSED, YOU MUST ENCLOSE THE FOLLOWING: -::, Application must be filled out in its entirety ; /Surety bond in the amount of$1 ,000 ,T /roof of insurance in the amount of$100,000-$300 ,000-$50,000 and 10-day cancellation clause y Annual fee is a $75.00 flat rate fee, plus $15.00 per truck, and a $30.00 transfer fee (if applicable) USE ONLY' Afloneviow of 'l'Plioation. "8ff ttrommonds' 12... 1\pproval 0Denial 00ther (specify) ~ Oa~ Sigffatlife of City Official Form SP-Cl LICENSE APPLICAi1'1"T: Pursuant to Minnesota statute 270.72 Tax Clearance: Issuance of Licenses, the licensing authority is required to provide to the Minnesota Commissioner of Revenue your Minnesota business tax identification number and the social security number of each license applicant. Under the Minnesota Government Data Practices Act and the Federal Privacy Act of 1974, we are required to advise you of the following regarding the use of this information: I. This information may be used to deny the issuance, renewal or transfer of your license in the event you owe the Minnesota Department of Revenue delinquent taxes, penalties or interest; 2. Upon receiving this information, the licensing authority will supply it only to the Minnesota Department of Revenue. However, under the Federal Exchange of Information Agreement the Department of Revenue may supply this information to the Internal Revenue Service; 3. Failure to supply this informat ion may jeopardize or delay the processing of your licensing issuance or renewal application. Please supply the following information and return along with your application to the agency issuing the license. DO NOT RETURN TO THE DEPARTMENT OF REVENUE. LICENSE BEING APPLIED FOR OR RENEWED : ___ Garbage Hauler _____ _ LICENSING AUTHORITY: ----=C=i.:..itv.....:o=f'--'O=r=o=no=,L...:H=e=nn=e=pi=n'-'C=o"""'un==-ty ..... ,-=M=i=nn=e s=o=ta=------- LICENSE RENEWAL DATE:. ___ May 31, 2016 ___________ _ PERSONAL INFORMATION (If applicable): Applicant's Name_R~o 1-1-1.ro ......,cl().~! ,_ ......... R_,,_.,'-------'-)1-=o-=~....i....;Ko,,,._,w<.::_:__I o..__,__,k -r-_P,___re_s_'_1 ~-e,-'-'yi'""-T_,__ __ I Applicant's Address .5 dfo O t.(=Lf-+f\ Sf-. S ~ be. fa.YlO W)n, 553~cf City State )Zip Social Security Number: ~ p131+: Business Name Ra.n ~ 1 .5 s~ n( ±o.. 'f-1 Cfl\ 111 e. f Business Address 13 5 l kl · S 1 H-wy I ~ S €' f City be la.vto 1 State Rand-(p [~ {1 ron~ ·· s. erv1 c..e5 YY)n, 553J..t Zip BUSINESS INFORMATION (If applicable): MINNESOTA TAX IDENTIFICATION NO : _ _..JJ.f'--'-1 f'----_! '-J_L/-_3 _______ _ FEDERAL TAX IDENTIFICATIONNO: __ ___,_Jf-_/_-_,_/_._Jf---=8'-'-/~f--=7--=b"-------- If a Minnesota Tax Identification number is not required , please explain on the reverse side . Pos · ion (Officer, Partner, etc.) ct~,o~~ I· 2. 3 · '-/. 5 . L.-. 7 . 8. 9. fd. ". 12.. J3. Jo./. (5. Ir.,,.. r1. (J. I ?. Fleet# Year 83 '98 105 '00 168 102 183 '03 195 '04 216 '06 225 106 234 '07 274 '01 276 '01 277 '01 302 112 303 '12 321 105 323 '05 324 '05 338 1 13 349 '15 359 '15 Orono Make Lie.# Ford YBC7471 Sterling YBC7475 Peterbilt YBG9444 International YBM2582 Peterbilt YBG3769 Peterbilt YBL7623 Peterbilt YBB4939 Peterbilt YBM2584 Freightliner YBA6760 Freightliner YBA6787 Freightliner YBM2583 Peterbilt YBE1011 Peterbilt YBE1010 Freightliner YBE1049 Freightliner YBE1048 Freightliner YBG3751 Auto car YBJ8851 Peterbilt YBL7603 Peterbilt YMB2570 2016 Cu. Yd. Gross Wt. Front Axle Wt. Rear Axle Wt. #of Axles 20 38,740 8,700 29,780 4 R/O 25,480 12,200 13, 120 3 RIO 24,720 11,900 12 ,720 3 12 22, 100 9,600 12, 180 2 25 37,560 11 ,320 26,240 3 R/O 22,840 11,900 12,720 3 R/O 28 ,840 12,840 15,420 4 R/O 22,500 11,900 12,720 3 25 31 ,120 7,240 23,250 3 25 30,700 7,780 22 ,700 3 25 31,440 7 ,880 23,560 3 43 38,840 15,450 22,860 4 43 38 ,960 15,400 23, 160 4 11 20,540 9,100 11,500 2 8 16 , 720 2 8 16 ,700 2 40 38,080 18,200 19,880 3 RIO 27 ,340 12 ,200 13,460 3 R/O 29,300 12 ,200 13,460 3 RECEIVED APR . 2 8 2016 City of Orono License Year 2016-2 017 BoI 66 (2750 Kelley Parkway) .CITY OF ORONO Date Received __ lf..:_2E.lto Crystal Bay, MN 55323 i.;;.,__ Fee Paid¢Initiats ~ (952) 249-46-00 Garbage & Refuse Collector's License Application The undersigned wishes to operate the indicated business in the City of Orono and herewith makes applications for a license to do so. Business/Firm .A:\ l iec.\ lUC< S ~ 'j)Bll ~. Peru bt ' 1 C l\!lwess '1Dls H"f jrr~ Clo~tcl bW"" fc:i.µ, ~n-L (Street) (City) Business Phone Number Cf~ -Ci 'fl -'? 17~ Check One: 0 Individual Check All That Apply In Orono: riJ Residential Applicant's Name~'-\ L~\ \ <.A:k Address 0Partnership ~Commercial (State) ri!Corporation ~Roll-Off ~Qil a-5 I :rv-c_ • SS3'h (Zip code) Gfj\~ H'lin~ C'Jwu \)~ &ianYra i •'It... (Street) (City) (State) (Zip code) Phone Number q5d. · C)ljf · 5 l 7 4 Email JlG\ \ \'4.K€,:af",bl1'<..~o··,.h·v~ .'-c.o1?J NOTE: The City of Orono enforces spring weight restrictions each yeat. Orono follows the State, typ1cally · restrictions run from March 1s1....:May 15th each y ear. Fines will be given if vehi cles are over axe! hmits of 14,000 per axel Enclosed is a copy of the Orono Resolution establi!shing seasonal weight restrict1ons on Orono . public city streets and a copy of our current year fee schedule. · Description of Vehicles (attach list if more) Number of vehicles to be u sed in Orono ygr Mfar. Gross wt. Front Axle Wt. Rear Axle Wt. Size/Yards License Numbe r Lf~}w-.-- General area of City served: c i -h..' Co \'n m OV1 ~ ' Schedule of Collection charges/ dates: §((~ l)...)ee.tJ ~ 1 'Rec~ L..I <-'&\ -\,.0-t-e..ILJ 'j Approximate number of customers in Orono: 3 ?;,Lj Location of dumping area:t=f'1J ~V'\ C\lMU Xnvt'=> ~ EcLt.vi j}C( In'-{_ Wl n IN ORDER FOR THIS APPLICATION TO BE PROCESSED, YOU MUST ENCLOSE THE FOLLOWING: • Application must be filled out in its entirety • Surety bond in the amount of$1 ,000 • Proof of insurance in the amount of$100,000 -$300,000 -$50,000 and 10-day cancellation clause • Annual fee is a $75.00 flat rate fee, plus $15.00 per truck, and a $30.00 transfer fee (if applicable) I am the owner and operator of the above business and I have paid all license fees and taxes required by law . I have verified that the above;:r:;tion is correct. ar.~ ~l11l~ FO~~TY USE ONLY: After review of application, staff recommends: r'J !'.£ Approv.i ODeni.t 00th« (•pecifyl y_a_,,__ #._,_)_ /Joe~ Signature of City Official Form SP-CI LICENSE APPLICANT: Pursuant to Minnesota statute 270.72 Tax Clearance: Issuance of Licenses, the licensing authority is required to provide to the Minnesota Commissioner of Revenue your Minnesota business tax identification number and the social security n wnber of each license applicant. Under the Minnesota Government Data Practices Act and the Federal Privacy Act of 1974. we are required to advis e you of the following regarding the use of this information: 1. This information may be used to deny the issuance, renewal or transfer o f your license in the event you owe the Minnesota Department of Revenue delinquent taxes, penalties or interest; 2. Upon receiving this information, the licensing authority will supply it only to the Minnesota Department of Revenue. However, under the Federal Exchange ofln formation Agreement the Department of Revenue may supply this information to the Internal Revenue Service; 3 . Failure to supply this information may jeopardize or delay the proce ssing of your licensing issuance or renewal application. Please supply the following information and return along with your application to the agency issuing the license. DO NOT RETURN TO THE DEPARTMENT OF REVENUE. LICENSE BEING APPLIED FOR OR REl\TEWED : ___ Garbage Hauler _____ _ LICENSING AUTHORITY : City of Orono, Hennepin County, Minnesota LICENSERENEWALDATE: ___ May31 ,2016 ___________ _ PERSONAL INFORMATION (If applicable): Applicant's Name ____________________________ _ Applicant's Address _________________________ _ City State Zip Social Security N umber: _______________ _ BUSINESS INFORMAT ION (If ap plicable): Business Name A\\lec\ \.OQcJu D'bn ~ f?e:hu.BJ I c_ ~rviWJ j Ire_, Busine ss Address9t>J '.:> H't j 1t '1 Cl1H J ~ fd!n Yra i f lt. Yl1 11 C ity State 551lJ7 Zip MINNE SOTA TAX IDEN TIFICATION NO: __,ft/9=---a.......;...f::.-~_;_::~:.......:..__ci..___ _______ _ FEDERAL TAX IDENTIFICAT ION NO:--=-a--'-"'<-o _· _1_g__;?iYl=C9-1_0 _______ ~ If a Minneso Tax Ident ification number is n ot required , please explai n on the reverse side. r!f Ju 1 CY1) CJut-4111 \' . D at e Vehicles Proposed To Be Used In Orono 2016 License Plate # Company Front Axel I Rear Axel Gross Size/Yards Make Of Year Type Roll-off Truck# weiaht I weiaht WeiQht Truck Box!Truck 1 YBA6194 1019 8105 I 19120 48.000 25 Mack 2009 Rear load 2 YAZ8544 1333 19320 ' 24380 58.000 43 Mack 2009 Frontload ' 3 YBN3805 1359 19860 I 24200 58.000 43 Mack 2016 Frontload 14 VAL 5747 2115 7840 I 26000 51000 25 Intl 2002 Rear load 5 YBK2952 2554 13200 22780 37 460 28 Peterbilt 2014 Frontload 6 YBG7236 3442 12820 18300 63 000 Roll-off Mack 2016 Roll off 7 YBJ9809 3427 12400 1850 58 000 Roll-off Peterbilt 2013 Roll off i I ! i i i i ; I t : I ' ' I ! i i I ! ' i ! i - - REQUEST FOR COUNCIL ACTION Date: May 9, 2016 Item No. 20 Department Approval: Administrator Approval: Agenda Section: Name: Ron Olson – RJO JML City Administrator’s Title: Finance Director Report Item Description: Claims/Bills The attached claims for payment have been received by the City. Staff has reviewed the claims and is recommending approval of the listing for payment. The claims will be paid by checks 105075 to 105145, totaling $192,104.52. Noteworthy payments include: KD & Company $ 3,250.00 Payment for the disposal of three years of street sweepings. This will be done on an annual basis in the future. Minnesota UI Fund $ 472.01 Staff supplied the State with additional information concerning A. Mack. Based on this the State concluded that the City was not liable for unemployment and the City was credited $823.60. Quality Flow Systems $68,230.00 Payment for the rehabilitation of LS #24 and GS #6. Council approved this work on February 22. COUNCIL ACTION REQUESTED Consider a motion to approve payment of the claims list as presented. City of Orono Check Register - COUNCIL REPORT Page: 1 Check Issue Dates: 4/26/2016 - 5/9/2016 May 05, 2016 09:52AM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount Advanced Imaging Solutions 05/09/2016 105075 100243 101-41900-413 toner shipping Central Services 28.86 Total 105075:28.86 ADVANCED IMAGING SOLUTIO 05/09/2016 105076 303454763 101-41900-413 copier lease 4/20 to 5/20 Central Services 1,319.00 Total 105076:1,319.00 ADVANCED IMAGING SOLUTIO 05/09/2016 105077 303460315 101-42110-413 pd copier lease 4/20 to 5/20 Police Department 335.40 Total 105077:335.40 AMERICAN PLANNING ASSOCI 05/09/2016 105078 129242-1643 101-42400-433 Membership J. Barnhart Building & Zoning 500.00 Total 105078:500.00 ARC 05/09/2016 105079 15014190 101-41900-352 oversized copies Central Services 96.40 Total 105079:96.40 BARTA, TOM 05/09/2016 105080 50416 101-22205 Escrow refund 2014-00932 2,500.00 Total 105080:2,500.00 BCA TRAINING & DEVELOPME 05/09/2016 105081 25980-03151 101-42110-437 training Szczepanik Police Department 65.00 Total 105081:65.00 BIFFS INC 05/09/2016 105082 594537 101-45200-415 Bederwood park Parks 80.00 BIFFS INC 05/09/2016 105082 594538 101-45200-415 Summit beach Parks 80.00 BIFFS INC 05/09/2016 105082 594539 101-45200-415 Hackberry Beach Parks 62.50 BIFFS INC 05/09/2016 105082 594540 101-45210-415 Golf Course Golf Course 33.64 BIFFS INC 05/09/2016 105082 594541 101-45200-415 Crystal Bay Playground Parks 31.25 BIFFS INC 05/09/2016 105082 594542 101-45200-415 Navarre Playground Parks 74.29 BIFFS INC 05/09/2016 105082 594543 101-45200-415 French Creek Park Preserve Parks 29.02 Total 105082:390.70 BLUE CROSS BLUE SHIELD OF 04/28/2016 105074 42816 101-21706 Health insurance 21,609.50 BLUE CROSS BLUE SHIELD OF 04/28/2016 105074 42816 101-15998 Cobra 6,579.24 City of Orono Check Register - COUNCIL REPORT Page: 2 Check Issue Dates: 4/26/2016 - 5/9/2016 May 05, 2016 09:52AM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount Total 105074:28,188.74 BUDGET PRINTING 05/09/2016 105083 1454 101-45210-201 golf punch cards Golf Course 82.00 BUDGET PRINTING 05/09/2016 105083 1464 101-41900-201 nameplate Central Services 26.32 Total 105083:108.32 CANVAS SOLUTIONS INC 05/09/2016 105084 41916 101-42110-416 software for FTO tracking Police Department 372.00 Total 105084:372.00 CARDMEMBER SERVICE 05/09/2016 105085 CF32216 101-42110-221 bulb for 4 wheeler Police Department 6.79 CARDMEMBER SERVICE 05/09/2016 105085 CF41316B 101-42110-404 blinds for locker room-Blinds.com Police Department 197.50 CARDMEMBER SERVICE 05/09/2016 105085 CF41816 101-42110-437 meals at conference-Green Mill Police Department 12.45 CARDMEMBER SERVICE 05/09/2016 105085 CF42016 101-42110-437 Lodging-Chiefs Conf-2 rooms-Kelly Inn Police Department 654.00 CARDMEMBER SERVICE 05/09/2016 105085 CF42716 101-42110-439 meeting with Three Rivers-Blackwater Police Department 11.41 CARDMEMBER SERVICE 05/09/2016 105085 CF42916 101-41300-439 lunch meeting (4) expense Spring Park-Birches Administration 61.00 CARDMEMBER SERVICE 05/09/2016 105085 CF42916B 101-42110-201 Ipad and case-Walmart Police Department 362.18 CARDMEMBER SERVICE 05/09/2016 105085 CF43016 101-42110-439 snacks for Hwy 12 cleanup/drug dropoff - Cub Police Department 17.95 CARDMEMBER SERVICE 05/09/2016 105085 JL40116 101-41300-437 MCMA lodging-Grandview Administration 228.06 CARDMEMBER SERVICE 05/09/2016 105085 JL40816 101-41300-439 meeting Country Cake Administration 5.77 CARDMEMBER SERVICE 05/09/2016 105085 JL42216 101-41300-439 meeting Country Cake Administration 6.17 CARDMEMBER SERVICE 05/09/2016 105085 JL42516 101-41110-439 food for worksession-Jimmy Johns Mayor & Council 66.31 CARDMEMBER SERVICE 05/09/2016 105085 SO42616 101-45200-223 mulch for parks-Dave's Mulch Store Parks 190.00 Total 105085:1,819.59 CARGILL SALT 05/09/2016 105086 2902778814 601-49400-216 salt Water 4,567.82 Total 105086:4,567.82 CARQUEST #2239 05/09/2016 105087 33116 101-43000-240 repair parts Public Works Department 18.70 Total 105087:18.70 CENTERPOINT ENERGY MAIN 05/09/2016 105088 42716 601-49400-381 3/19 to 4/19 Water 660.48 CENTERPOINT ENERGY MAIN 05/09/2016 105088 42716 602-49450-381 3/19 to 4/19 Sewer 378.50 CENTERPOINT ENERGY MAIN 05/09/2016 105088 42716 101-41900-381 3/19 to 4/19 Central Services 644.92 CENTERPOINT ENERGY MAIN 05/09/2016 105088 42716 101-42110-381 3/19 to 4/19 Police Department 140.35 City of Orono Check Register - COUNCIL REPORT Page: 3 Check Issue Dates: 4/26/2016 - 5/9/2016 May 05, 2016 09:52AM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount CENTERPOINT ENERGY MAIN 05/09/2016 105088 42716 101-45210-381 3/19 to 4/19 Golf Course 123.94 Total 105088:1,948.19 CENTURY LINK 05/09/2016 105089 41916 101-45210-321 gC dsl/phone Golf Course 196.77 Total 105089:196.77 CHRIS FISCHER 05/09/2016 105090 41716 101-42110-437 reimb lodging-Chief's conference Police Department 327.00 Total 105090:327.00 CHUNKS LAKESHORE AUTO 05/09/2016 105091 13727 101-42110-402 #237 oil change, light Police Department 84.46 CHUNKS LAKESHORE AUTO 05/09/2016 105091 13739 101-42110-402 #229 oil change, filter Police Department 139.01 CHUNKS LAKESHORE AUTO 05/09/2016 105091 13745 101-42110-402 #223 oil change Police Department 39.43 CHUNKS LAKESHORE AUTO 05/09/2016 105091 13749 101-42110-402 #236 oil change Police Department 42.74 CHUNKS LAKESHORE AUTO 05/09/2016 105091 13752 101-42110-402 #230 oil change, battery Police Department 290.01 Total 105091:595.65 CNA LTC 05/09/2016 105092 42116 101-21715 Long term care 5/16 68.70 Total 105092:68.70 COMMERCIAL ASPHALT 05/09/2016 105093 160415 101-43000-224 street materials Public Works Department 812.49 COMMERCIAL ASPHALT 05/09/2016 105093 160415 601-49400-405 street materials Water 509.83 Total 105093:1,322.32 DEBERNARDI, PAUL 05/09/2016 105094 41816 999-10015 UB refund 99.85 Total 105094:99.85 EARL F ANDERSON & ASSOC 05/09/2016 105095 0110830 101-43000-224 street signs Public Works Department 220.00 EARL F ANDERSON & ASSOC 05/09/2016 105095 0110831 101-43000-224 street signs Public Works Department 605.54 Total 105095:825.54 ECM PUBLISHERS INC 05/09/2016 105096 336692 101-41900-352 legal ads Central Services 65.56 City of Orono Check Register - COUNCIL REPORT Page: 4 Check Issue Dates: 4/26/2016 - 5/9/2016 May 05, 2016 09:52AM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount Total 105096:65.56 FERGUSON WATERWORKS #2 05/09/2016 105097 185411 601-49400-227 water meter for Middle School-1/2 cost to be reimbu Water 4,526.47 FERGUSON WATERWORKS #2 05/09/2016 105097 185486 101-43000-226 hard hats Public Works Department 37.13 FERGUSON WATERWORKS #2 05/09/2016 105097 185486 601-49400-227 meter parts Water 52.80 Total 105097:4,616.40 G & K SERVICES 05/09/2016 105098 1006662535 101-43000-221 towels Public Works Department 6.38 G & K SERVICES 05/09/2016 105098 1006662535 101-43000-226 uniform Public Works Department 30.59 G & K SERVICES 05/09/2016 105098 1006662535 601-49400-226 uniform Water 15.30 G & K SERVICES 05/09/2016 105098 1006662535 602-49450-226 uniform Sewer 15.30 Total 105098:67.57 GARY L FISCHLER & ASSOCIAT 05/09/2016 105099 7429 101-42110-319 pre employmnet screening Police Department 1,090.00 Total 105099:1,090.00 HD SUPPLY WATERWORKS LT 05/09/2016 105100 412356 602-49450-227 manhole marker Sewer 224.00 HD SUPPLY WATERWORKS LT 05/09/2016 105100 412356 601-49400-227 supplies Water 226.10 Total 105100:450.10 INTEGRA TELECOM 05/09/2016 105101 13819694 101-42110-321 Phone service Police Department 271.23 INTEGRA TELECOM 05/09/2016 105101 13819694 101-41900-321 Phone Service Central Services 379.73 INTEGRA TELECOM 05/09/2016 105101 13819694 601-49400-321 Phone Service Water 63.29 INTEGRA TELECOM 05/09/2016 105101 13819694 602-49450-321 Phone Service Sewer 189.86 Total 105101:904.11 JACKIE YOUNG 05/09/2016 105102 50116 101-42400-319 PC meeting 4/18 Building & Zoning 315.00 JACKIE YOUNG 05/09/2016 105102 50116 101-41300-319 CC meeting 4/11, 4/25 Administration 555.00 Total 105102:870.00 JAY DEMBOUSKI 05/09/2016 105103 32916 101-42110-226 reimb eyeglasses damaged on duty Police Department 199.92 City of Orono Check Register - COUNCIL REPORT Page: 5 Check Issue Dates: 4/26/2016 - 5/9/2016 May 05, 2016 09:52AM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount Total 105103:199.92 JJ TAYLOR DIST LF MN JJ TAYL 05/09/2016 105104 2484142 101-45210-091 beer Golf Course 428.00 Total 105104:428.00 JOTS COMPUTER SERVICES IN 05/09/2016 105105 25210 101-42110-416 SWAT apps setup and training Police Department 1,331.25 Total 105105:1,331.25 KD & COMPANY 05/09/2016 105106 8453 651-49910-227 disposal of sweepings Storm Water 3,250.00 Total 105106:3,250.00 KENNETH N POTTS PA 05/09/2016 105107 50216 101-41600-306 prosecution services Apr Law/Legal Services 3,000.00 Total 105107:3,000.00 KOEHLER, TIMOTHY 05/09/2016 105108 50416 101-22205 Escrow refund 2015-00928 700.00 Total 105108:700.00 LADD, MIKE 05/09/2016 105109 50416 101-22205 Escrow refund 16-3806 2,500.00 Total 105109:2,500.00 LEAGUE OF MN CITIES INS TR 05/09/2016 105110 32013 703-49960-151 workers comp 564.00 Total 105110:564.00 LONG LAKE TRUE VALUE 05/09/2016 105111 B318435 101-43000-221 supplies Public Works Department 4.49 LONG LAKE TRUE VALUE 05/09/2016 105111 B319869 101-45210-221 supplies Golf Course 18.46 LONG LAKE TRUE VALUE 05/09/2016 105111 B322076 101-43000-221 supplies Public Works Department 18.99 LONG LAKE TRUE VALUE 05/09/2016 105111 B322125 101-43000-221 supplies Public Works Department 15.89 LONG LAKE TRUE VALUE 05/09/2016 105111 B322330 101-43000-221 supplies Public Works Department 15.89 LONG LAKE TRUE VALUE 05/09/2016 105111 B322348 101-45210-223 supplies Golf Course 23.43 LONG LAKE TRUE VALUE 05/09/2016 105111 B322636 101-42110-201 cleaning supplies Police Department 29.25 LONG LAKE TRUE VALUE 05/09/2016 105111 B323495 101-45210-201 supplies Golf Course 23.98 City of Orono Check Register - COUNCIL REPORT Page: 6 Check Issue Dates: 4/26/2016 - 5/9/2016 May 05, 2016 09:52AM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount Total 105111:150.38 MANSFIELD OIL COMPANY 05/09/2016 105112 364594 101-45210-212 GC fuel Golf Course 787.44 MANSFIELD OIL COMPANY 05/09/2016 105112 364599 101-45210-212 GC fuel Golf Course 503.36 MANSFIELD OIL COMPANY 05/09/2016 105112 369818 101-43000-212 Diesel Public Works Department 288.23 MANSFIELD OIL COMPANY 05/09/2016 105112 369819 101-42110-212 Fuel PD Police Department 1,546.15 MANSFIELD OIL COMPANY 05/09/2016 105112 373602 101-42110-212 Fuel PD Police Department 573.78 Total 105112:3,698.96 MEDIACOM 05/09/2016 105113 42616 101-45210-415 GC cable Golf Course 7.34 Total 105113:7.34 MET COUNCIL ENVIRONMENTA 05/09/2016 105114 1055028 602-49450-383 June wastewater service Sewer 32,877.48 Total 105114:32,877.48 MINNESOTA EQUIPMENT 05/09/2016 105115 42378 101-45210-403 tire repair Golf Course 30.95 Total 105115:30.95 MINNESOTA UI FUND 05/09/2016 105116 40816 101-42400-142 unemployment refund A. Mack Building & Zoning 823.60- MINNESOTA UI FUND 05/09/2016 105116 40816 101-42110-142 unemployment L. Olson Police Department 1,295.61 Total 105116:472.01 MISSION COMMUNICATIONS LL 05/09/2016 105117 1001503 602-49450-406 Annual service LS alarm Sewer 4,206.60 Total 105117:4,206.60 MN NCPERS GROUP LIFE INS 05/09/2016 105118 6732516 101-21710 Pera life 5/16 224.00 Total 105118:224.00 MORRIES BODYWORKS 05/09/2016 105119 19589 101-42110-402 #236 repair Police Department 50.00 Total 105119:50.00 City of Orono Check Register - COUNCIL REPORT Page: 7 Check Issue Dates: 4/26/2016 - 5/9/2016 May 05, 2016 09:52AM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount MTI DIST CO 05/09/2016 105120 1059754-00 101-45210-403 mower repair Golf Course 489.65 Total 105120:489.65 NAVARRE HARDWARE 05/09/2016 105121 292995 602-49450-406 light bulbs Sewer 2.79 NAVARRE HARDWARE 05/09/2016 105121 293036 601-49400-227 water bottles Water 13.95 Total 105121:16.74 NEWEGG INC 05/09/2016 105122 1201782629 101-41900-221 wireless router Central Services 45.48 NEWEGG INC 05/09/2016 105122 1202898283 602-16500 Ipads for Asset Mgmt project 64.95 Total 105122:110.43 NORTH MEMORIAL HEALTH CA 05/09/2016 105123 864 101-42110-437 EMR refresher Sturm, Needham, White, Datwyler Police Department 200.00 Total 105123:200.00 OFFICE DEPOT 05/09/2016 105124 8342843640 101-42110-201 office supplies Police Department 8.39 OFFICE DEPOT 05/09/2016 105124 8342845900 101-42110-201 office supplies Police Department 176.76 OFFICE DEPOT 05/09/2016 105124 8356840700 101-42110-201 office supplies Police Department 123.61 Total 105124:308.76 OFFICE DEPOT 05/09/2016 105125 8339120270 101-41900-201 office supplies Central Services 92.76 OFFICE DEPOT 05/09/2016 105125 8339120620 101-41900-201 office supplies Central Services 10.17 OFFICE DEPOT 05/09/2016 105125 8348134460 101-41900-201 office supplies Central Services 25.46 Total 105125:128.39 OPTUM 05/09/2016 105126 96679 101-41900-319 HSA account maintenance fee Central Services 148.75 Total 105126:148.75 PETERSON, WILLIAM 05/09/2016 105127 50416 101-22205 Escrow refund 2015-01481 700.00 Total 105127:700.00 PLEAA 05/09/2016 105128 50416 101-42110-437 conference registration K. Herzog, H. Gehlen Police Department 80.00 City of Orono Check Register - COUNCIL REPORT Page: 8 Check Issue Dates: 4/26/2016 - 5/9/2016 May 05, 2016 09:52AM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount Total 105128:80.00 POST BOARD 04/28/2016 105069 CARSTENS2 101-42110-441 2016 Carstens Police Department 90.00 Total 105069:90.00 POST BOARD 05/09/2016 105129 2016 101-42110-441 Barnes-2016 Police Department 90.00 POST BOARD 05/09/2016 105129 2016 101-42110-441 Beck-2016 Police Department 90.00 POST BOARD 05/09/2016 105129 2016 101-42110-441 Boris-2016 Police Department 90.00 POST BOARD 05/09/2016 105129 2016 101-42110-441 Fournier-2016 Police Department 90.00 POST BOARD 05/09/2016 105129 2016 101-42110-441 McCoy-2016 Police Department 90.00 POST BOARD 05/09/2016 105129 2016 101-42110-441 Needham-2016 Police Department 90.00 POST BOARD 05/09/2016 105129 2016 101-42110-441 Dembouski-2016 Police Department 90.00 POST BOARD 05/09/2016 105129 2016 101-42110-441 Farniok-2016 Police Department 90.00 POST BOARD 05/09/2016 105129 2016 101-42110-441 Fischer-2016 Police Department 90.00 POST BOARD 05/09/2016 105129 2016 101-42110-441 Schultz-2016 Police Department 90.00 POST BOARD 05/09/2016 105129 2016 101-42110-441 Swanson-2016 Police Department 90.00 POST BOARD 05/09/2016 105129 2016 101-42110-441 J. Wittke-2016 Police Department 90.00 POST BOARD 05/09/2016 105129 2016 101-42110-441 Beniek-2016 Police Department 90.00 Total 105129:1,170.00 PRAIRIE RESTORATIONS INC 05/09/2016 105130 614 234-45680-404 Lurton Park weed control 1,215.00 PRAIRIE RESTORATIONS INC 05/09/2016 105130 716 101-45200-404 French Creek Park weed treatment Parks 1,400.00 Total 105130:2,615.00 PRESTIGE FLAG 05/09/2016 105131 413785B 101-45210-223 flags for GC Golf Course 19.62 Total 105131:19.62 QUALITY FLOW SYSTEMS INC 05/09/2016 105132 31859 602-49450-406 LS 24 remodel Sewer 38,390.00 QUALITY FLOW SYSTEMS INC 05/09/2016 105132 31860 602-49450-406 GS 6 service Sewer 29,840.00 Total 105132:68,230.00 RANDYS SANITATION INC 05/09/2016 105133 31916 101-45210-404 March Service Golf Course 77.90 RANDYS SANITATION INC 05/09/2016 105133 31916 101-41900-404 March Service Central Services 251.81 RANDYS SANITATION INC 05/09/2016 105133 31916 101-45200-404 March Service Parks 151.45 City of Orono Check Register - COUNCIL REPORT Page: 9 Check Issue Dates: 4/26/2016 - 5/9/2016 May 05, 2016 09:52AM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount RANDYS SANITATION INC 05/09/2016 105133 41916 101-45210-404 April Service Golf Course 24.16 RANDYS SANITATION INC 05/09/2016 105133 41916 101-41900-404 April Service Central Services 256.71 RANDYS SANITATION INC 05/09/2016 105133 41916 101-45200-404 April Service Parks 310.22 Total 105133:1,072.25 REED VENDING 05/09/2016 105134 9191 101-45210-094 concession supplies Golf Course 391.50 Total 105134:391.50 RUFFRIDGE JOHNSON INC 05/09/2016 105135 3231 101-43000-221 #432 repairs Public Works Department 96.77 Total 105135:96.77 SELECT ACCOUNT 05/09/2016 105136 42616 101-21719 FLEX 238.00 Total 105136:238.00 SELECT ACCOUNT 05/09/2016 105137 50316 101-21719 FLEX 204.95 Total 105137:204.95 THE HOME DEPOT 05/09/2016 105138 2808016437 101-45200-221 picnic table repair parts Parks 395.16 Total 105138:395.16 THORPE DIST CO 05/09/2016 105139 1068502 101-45210-091 beer Golf Course 259.70 Total 105139:259.70 VAN REIMSDYK, JAMES 05/09/2016 105140 50416 101-22205 Escrow refund 2014-000085 2,500.00 Total 105140:2,500.00 VANGUARD CLEANING SYSTE 05/09/2016 105141 45022 101-41900-407 Janitorial service Central Services 1,435.50 VANGUARD CLEANING SYSTE 05/09/2016 105141 45022 101-42110-407 Janitorial service Police Department 1,039.50 Total 105141:2,475.00 WELLS FARGO BANK-SUBPOE 05/09/2016 105142 207213 101-42110-311 document copying Police Department 53.00 City of Orono Check Register - COUNCIL REPORT Page: 10 Check Issue Dates: 4/26/2016 - 5/9/2016 May 05, 2016 09:52AM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount Total 105142:53.00 WILLIAMS TOWING 05/09/2016 105143 6518759 101-42110-402 tow squad 223 Police Department 105.00 Total 105143:105.00 WILLIAMS, TONY 05/09/2016 105144 50416 101-22205 Escrow refund 2016-00187 2,500.00 Total 105144:2,500.00 WINDSTREAM 05/09/2016 105145 59351927 601-49400-321 water plant phone Water 56.67 Total 105145:56.67 Grand Totals: 192,104.52 186904v1 REQUEST FOR COUNCIL ACTION DATE: May 9, 2016 ITEM NO: 21 Department Approval: Administrator Reviewed: Agenda Section: Name Soren Mattick JML City Attorney Report Title City Attorney Item Description: Hazardous Property - 3907 Cherry Avenue Background The residential property located at 3907 Cherry Avenue is a problem property which constitutes a hazard to public health and safety and needs to be cleaned. The property around the home is used to store miscellaneous junk and debris, an unlicensed boat, special mobile equipment, and unlicensed and/or inoperable vehicles. As a result of long-term outdoor storage, there has also developed an accumulation of tall grass and weeds and piles of dead vegetation. The City has received numerous complaints regarding the exterior of the property. Although the property owner appears to visit the property occasionally, mostly to store additional items, he has taken no steps to remedy the existing issues on the property. The City first attempted to contact the property owner in 2013 to remedy these issues, but a letter sent to the property was returned as undeliverable. Staff has no alternative contact information for the property owner. The home on the property has been boarded up and is vacant. There may be additional issues and code violations existing on and inside the home on the property, however, staff is not seeking to remedy them at this time. Because the issues existing on the exterior of the property constitute a hazard to public health and safety, the City has the option of initiating a lawsuit pursuant to Minn. Stat. 463 to declare the property “hazardous.” Through this process, a court would issue an Order allowing the City to go onto the property, clean and remove all exterior issues, and assess the cost of cleanup against the property. Additionally, all costs associated with this action, including staff and attorney fees, can be collected as a special charge against the real estate, to be collected with the other taxes. Completing notice to the property owner of the hazardous building action will likely require service via publication. 186904v1 City staff recommends approval of a Resolution Ordering Abatement of Hazardous Condition of Hazardous Property. ACTION Motion to approve Resolution Ordering Abatement of Hazardous Condition of Hazardous Property. DISCUSSION 1 186888v1 CITY OF ORONO HENNEPIN COUNTY, MINNESOTA RESOLUTION Date ________________________________ Resolution ________________________________ Motion By ___________________________ Seconded By ______________________________ RESOLUTION ORDERING ABATEMENT OF HAZARDOUS CONDITION OF HAZARDOUS PROPERTY WHEREAS, the Building Official of the City of Orono has attempted without success to have the owner of certain property at 3907 Cherry Avenue, Orono, Minnesota, in the County of Hennepin (“Subject Property”), remedy the hazardous condition of the property; and WHEREAS, the City Council has determined that the Subject Property constitutes a public health and safety hazard and is therefore a hazardous property within the meaning of Minn. Stat. § 463.15, subd. 3. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Orono, Minnesota: 1. The City has fully considered all evidence relating to the hazardous condition of the Subject Property. Said evidence includes (i) Property Report indicating ownership of the Subject Property; (ii) February 5, 2013 letter to property owner, (iii) July 6, 2015 Inspection Notice; (iv) August 21, 2015 letter to property owner; and (v) photographs date stamped 10/30/15 and 04/20/16. 2. After fully considering all of the photographs, documents, and other evidence pertaining to the hazardous condition of the Subject Property, the City of Orono finds: a. Gerald M. Clark III is the owner of the Subject Property. b. In January of 2013, City staff received a complaint regarding exterior storage at the Subject Property. Following an inspection, the City sent the property owner a letter at the Subject Property, identifying 18 violations of the City Code and setting a compliance date of February 19, 2013. The letter was returned as undeliverable with no forwarding address. c. A July 6, 2015 site visit to the Subject Property showed no change in condition. d. On August 21, 2015, the City sent the property owner a letter at the Subject 2 186888v1 Property, reiterating the violations of the City Code and setting a compliance date of August 31, 2015. e. October 30, 2015 and April 20, 2016 site visits to the Subject Property showed no change in condition. The residential building on the Subject Property is boarded up and vacant. Existing violations include outside storage of miscellaneous junk and debris, unlicensed boat, special mobile equipment, and unlicensed and/or inoperable vehicles, and accumulation of tall grass and weeds and piles of dead vegetation. f. The Subject Property has not been maintained in a clean, safe, secure, and sanitary manner and is adversely affecting the public health and safety in violation of the Orono City Code Section 58-1 and International Property Maintenance Code, 2006 edition, Section 301.3, as adopted in the Minnesota State Fire Code, Minnesota Administrative Rule 7511.0090. g. Because of the inadequate maintenance, unsanitary condition, and abandonment noted above, the Subject Property constitutes a hazard to public health and safety and is therefore a Hazardous Property within the meaning of Minn. Stat. § 463.15, subd. 3. 3. Pursuant to Minnesota Statutes § 463.15 et seq., the City hereby adopts and approves the Order to Correct or Remove Hazardous Condition attached hereto as Exhibit A. 4. The City’s legal counsel, Campbell Knutson, P.A., Grand Oak Office Center I, 860 Blue Gentian Road, Suite 290, Eagan, Minnesota 55121, is directed to serve the Order to Correct or Remove Hazardous Condition and to proceed with enforcement in accordance with Minn. Stat. § 463.15 et seq. ADOPTED this _______ day of _____________, 2016, by the City Council of the City of Orono, Minnesota. CITY OF ORONO By: _______________________________ Lili Tod McMillan, Mayor ATTEST: ______________________________ Diane Tiegs, City Clerk EXHIBIT A 1 186888v1 STATE OF MINNESOTA DISTRICT COURT COUNTY OF HENNEPIN FOURTH JUDICIAL DISTRICT CASE TYPE: Other Civil Court File No. ______________ IN RE: The Matter of a Hazardous Property ORDER TO CORRECT Located at 3907 Cherry Avenue, City OR REMOVE of Orono, Hennepin County, Minnesota HAZARDOUS CONDITION TO: Owners and lienholders of the above real estate: Gerald M. Clark III, 3907 Cherry Avenue, Orono, Minnesota 55364 PLEASE BE ADVISED that pursuant to order of the Orono City Council and by authority of Minnesota Statutes § 463.15 et seq., you have twenty (20) days from the date of service of this Order upon you, to remedy the health and safety hazards and the hazardous condition of the property at 3907 Cherry Avenue, Orono, Minnesota 55364 located in the County of Hennepin, and legally described as follows: Lots 1 and 2, Block 6, “Crystal Bay View”, according to the map or plat thereof on file or of record in the Office of the County Recorder in and for Hennepin County, Minnesota. In January of 2013, City staff inspected the exterior of the above described property and identified multiple violations of the Orono City Code which independently and together constitute a condition hazard to public safety or health, making the property a hazardous property under Minn. Stat. § 463.15. To date, no progress has been made toward correcting or removing the hazardous condition. The following violations must be remedied or removed, and inspected within twenty (20) days from the date of service of this Order: 1. Outside storage and accumulation of all miscellaneous junk and debris, including, but not limited to, scrap metal, landscape materials, tarps, dimensional lumber and scrap wood, metal shelving, scaffolding, snow plows blades, boat lift, dilapidated EXHIBIT A 2 186888v1 hot tub, and hazardous materials, in violation of Orono City Code Section 78- 1577(6). 2. Outside storage of an unlicensed boat, which is filled with water and debris, in violation of Orono City Code Section 78-1577(4) and (6). 3. Outside storage of special mobile equipment, in violation of Orono City Code Section 78-1577(5). 4. Outside storage of the following unlicensed and/or inoperable vehicles, in violation of Orono City Code Section 78-1577(3): a. Maroon Dodge van, MN Plate No. RGA513, b. Red Chevrolet truck, MN Plate No. G3161, c. Red Chevrolet truck, MN Plate No. C8438, d. White Chevrolet van, MN Plate No. 709AUV. 5. Remove tall grass and weeds and piles of dead vegetation which have accumulated around stored items, as they are a violation of Orono City Code Section 58-1. If you fail to remedy the hazardous condition, the City will seek permission from the District Court for the City to repair or remove the hazardous condition of the property, including destruction of all personal property referenced above. The City will move the District Court for summary enforcement of this Order pursuant to Minn. Stat. § 463.19 unless you remedy the situation within said twenty (20) day period or unless an answer is filed within twenty (20) days of service of this Order upon you pursuant to Minn. Stat. § 463.18. Upon enforcement of the Order by the City, all costs expended by the City will be assessed against the real property and collected as other taxes as provided in Minn. Stat. §§ 463.21 & 463.22. Dated: ______________, 2016 CAMPBELL KNUTSON Professional Association By: ________________________________ Soren M. Mattick (#27785X) Orono City Attorney Grand Oak Office Center I 860 Blue Gentian Road, Suite 290 Eagan, Minnesota 55121 Telephone: (651) 452-5000 EXHIBIT A 3 186888v1 ACKNOWLEDGMENT The City of Orono, by and through its undersigned attorney, acknowledges that costs, disbursements, and reasonable attorney and witness fees may be awarded to the opposing party or parties pursuant to Minnesota Statutes § 549.211, subd. 1. Dated: ______________, 2016 __________________________________ Soren M. Mattick 10/30/2015 10/30/2015 Unlicensed Boat filled with water and debris Violation of Code Sec. 78-1577. - Exterior storage in R districts. (4) a. Violation of Code Sec. Sec. 58-1. - Maintenance of private property. 10/30/2015 10/30/2015 Poor property maintenance, Garden hose through bottom of front door. Gutters full of leaves and debris. Roof and windows in need of repair Violation of Code Sec. 78-1576. Maintenance 10/30/2015 10/30/2015 Snowplow Blades, shelving, boat lift and debris stored in overgrowth Violation of Code Sec. 78-1577. - Exterior storage in R districts. (5) Violation of Code Sec. 58-1. - Maintenance of private property 10/30/2015 10/30/2015 Unlicensed Vehicles being stored, junk and debris Sec. 78-1577. - Exterior storage in R districts (3) Sec. 58-4. - Abandoning a motor vehicle. Violation Code Sec. 58-3. - Junk cars, furniture, household furnishings and appliances stored on public or private property 10/30/2015 10/30/2015 Storage of special mobile equipment and hazardous materials and junk. Violation of Code Sec. 78-1577. - Exterior storage in R districts. (5) Violation of Code Sec. 78-1577. - Exterior storage in R districts. (6) Sec. 58-1. - Maintenance of private property. 10/30/2015 10/30/2015 Storage of shelving , boat lift, junk and debris Violation of Code Sec. 58-1. - Maintenance of private property. Violation of Code Sec. 78-1577. - Exterior storage in R districts. (5) Storage of unlicensed trailer, junk and debris Violation Code Sec. 58-3. - Junk cars, furniture, household furnishings and appliances stored on public or private property Violation Code Sec. 58-1. - Maintenance of private property. 10/30/2015 10/30/2015 10/30/2015 Hot tub Stored on top of unlicensed trailer, tall weeds, unlicensed boat and boat lift. Violation Code Sec. 78-1577. - Exterior storage in R districts (3) Violation Code Sec. 58-1. - Maintenance of private property. 10/30/2015 10/30/2015 In-operable, unlicensed vehicles junk and debris Violation Code Sec. 78-1577. - Exterior storage in R districts (3) Sec. 58-1. - Maintenance of private property. Violation Code Sec. 58-3. - Junk cars, furniture, household furnishings and appliances stored on public or private property 10/30/2015 10/30/2015 Unlicensed vehicles, tall weeds, garbage up against neighboring chain link fence. Violation Code Sec. 78-1577. - Exterior storage in R districts (3) Sec. 58-1. - Maintenance of private property. 10/30/2015 10/30/2015 Junk, tall weeds along side in-operable van and junk by garage Violation Code Sec. 78-1577. - Exterior storage in R districts (3) Violation Code Sec. 58-1. - Maintenance of private property. 10/30/2015 10/30/2015 Damaged foundation, gang box for tools junk and debris Violation Code Sec. 78-1576. - Maintenance Violation Code Sec. 58-1. - Maintenance of private property. 10/30/2015 10/30/2015 Unlicensed vehicles Violation Code Sec. 78-1577. - Exterior storage in R districts (3) Unlicensed Boat filled with water and debris Violation of Code Sec. 78-1577. - Exterior storage in R districts. (4) a. Violation of Code Sec. Sec. 58-1. - Maintenance of private property. Poor property maintenance, Garden hose through bottom of front door. Gutters full of leaves and debris. Roof and windows in need of repair Violation of Code Sec. 78-1576. Maintenance 10/30/2015 Snowplow Blades, shelving, boat lift and debris stored in overgrowth Violation of Code Sec. 78-1577. - Exterior storage in R districts. (5) Violation of Code Sec. 58-1. - Maintenance of private property Unlicensed Vehicles being stored, junk and debris Sec. 78-1577. - Exterior storage in R districts (3) Sec. 58-4. - Abandoning a motor vehicle. Violation Code Sec. 58-3. - Junk cars, furniture, household furnishings and appliances stored on public or private property Storage of special mobile equipment and hazardous materials and junk. Violation of Code Sec. 78-1577. - Exterior storage in R districts. (5) Violation of Code Sec. 78-1577. - Exterior storage in R districts. (6) Sec. 58-1. - Maintenance of private property. Storage of shelving , boat lift, junk and debris Violation of Code Sec. 58-1. - Maintenance of private property. Violation of Code Sec. 78-1577. - Exterior storage in R districts. (5) Storage of unlicensed trailer, junk and debris Violation Code Sec. 58-3. - Junk cars, furniture, household furnishings and appliances stored on public or private property Violation Code Sec. 58-1. - Maintenance of private property. Hot tub Stored on top of unlicensed trailer, tall weeds, unlicensed boat and boat lift. Violation Code Sec. 78-1577. - Exterior storage in R districts (3) Violation Code Sec. 58-1. - Maintenance of private property. In-operable, unlicensed vehicles junk and debris Violation Code Sec. 78-1577. - Exterior storage in R districts (3) Sec. 58-1. - Maintenance of private property. Violation Code Sec. 58-3. - Junk cars, furniture, household furnishings and appliances stored on public or private property Unlicensed vehicles, tall weeds, garbage up against neighboring chain link fence. Violation Code Sec. 78-1577. - Exterior storage in R districts (3) Sec. 58-1. - Maintenance of private property. Junk, tall weeds along side in-operable van and junk by garage Violation Code Sec. 78-1577. - Exterior storage in R districts (3) Violation Code Sec. 58-1. - Maintenance of private property. Damaged foundation, gang box for tools junk and debris Violation Code Sec. 78-1576. - Maintenance Violation Code Sec. 58-1. - Maintenance of private property. Unlicensed vehicles Violation Code Sec. 78-1577. - Exterior storage in R districts (3) REQUEST FOR COUNCIL ACTION DATE: May 9, 2016 ITEM NO: 22 Department Approval: Administrator Reviewed: Agenda Section: Name Jessica Loftus JML Closed Meeting Title City Administrator Item Description: Closed Meeting – Performance Evaluation The Open Meeting Law, Minn. Stat. Sec. 13D.05 (3), allows the City Council to close a meeting to evaluate the performance of an individual who is subject to its authority. The meeting does need to be tape recorded and no further City Council business will be conducted after the closed meeting other than to adjourn. COUNCIL ACTION REQUESTED: Consider a motion to close the regular meeting conduct a performance evaluation of the City Administrator Jessica Loftus.