Loading...
HomeMy WebLinkAbout07-25-2016 Council PacketAgenda for Council Meeting Set for Monday, July 25, 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 July 11, 2016* Public Comments – (Limit 5 Minutes per Person) This is an opportunity for the public to address matters not on the agenda. The council will not engage in discussion or take action on items presented at this time. However, the council may refer issues to staff for follow up or consideration at a future meeting. Speakers should state their name and home address at the podium before speaking. Public Works/City Engineer Report 3. Old Crystal Bay Turn Lane Public Safety Report Planning Department Report – Planning Commission Representative – John Thiesse 4. 15-3740 - Funk and Rogosheske, Preliminary Plat Extension 5. 15-3749 - Paul Cameron, Chamberlain Capital LLC, 185-225 Old Crystal Bay Road North, Preliminary Plat Extension - Resolution 6. 16-3849 - Able Energy Co., o/b/o Tom Robb, 570 Big Island, Variances, Resolution 7. 16-3822 - Lakewest Development, 3245 Wayzata Boulevard West - Preliminary Plat /RPUD Rezoning - Resolution 8. Planned Unit Development Sign Permit #2016-00769, Kotteman Orthodontics, 2765 Kelley Parkway Mayor/Council Report City Administrator's Report 9. 2nd Quarter Financial Report 10. Spring Park Agreement for Standby Service 11. Claims/Bills * Agenda for Council Meeting Set for Monday, July 25, 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 City Attorney's Reports 12. Closed Session The meeting will be closed as permitted by the attorney-client privilege (section 13D.05, Subdivision 3(b)) to discuss initiating condemnation proceedings against the property located at 1960 Shoreline Drive.” Adjournment Upcoming Events 2016 08-01-16 – Park Commission Work Session, Monday 1:00 p.m. 8/2–8/16 – Candidate Filing Dates for Orono City Council 08-08-16 – Council Meeting, Monday, 7:00 p.m. 08-09-16 – Primary Election 7 a.m. – 8 p.m. 08-15-16 – Planning Commission Meeting, Monday, 7:00 p.m. (Council Liaison –Aaron Printup) 08-22-16 – Council Work Session, Monday, 5:00 p.m. 08-22-16 – Council Meeting, Monday, 7:00 p.m. 09/05 – City Hall Closed in Observance of Labor Day Holiday 09/06 – Park Commission Meeting, Tuesday 6:30 p.m. 09/12 – City Council Meeting, Monday, 7:00 p.m. 09/19 – Planning Commission Meeting, 7:00 p.m. (Council Liaison – Dennis Walsh) 09/26 – City Council Work Session, 5:00 p.m. 09/26 – City Council Meeting, 7:00 p.m. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, July 11, 2016 7:00 o’clock p.m. _____________________________________________________________________________________ Page 1 of 25 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. Representative 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. Consulting City Engineer David Martini was present. Mayor McMillan called the meeting to order at 7:00 p.m., followed by the Pledge of Allegiance. APPROVAL OF AGENDA 1. CONSENT AGENDA Item Nos. 4, 5, 6, 8, 9, 10, 13, 14, 16, 17, 18, 21, and 23 were added to the Consent Agenda. Item No. 11 was withdrawn at the request of the applicant. Levang moved, Printup seconded, to approve the Consent Agenda as amended. Council Member Walsh noted the minutes for the Orono City Council meeting are 17 pages long and that the minutes for the Council work session consist of basically nothing. Walsh stated to his knowledge the City is required by state law to keep minutes of their meetings and that in his view it is wrong to have so few minutes for the work session. VOTE: Ayes 5, Nays 0. APPROVAL OF MINUTES *2. CITY COUNCIL MEETING OF JUNE 27, 2016 Levang moved, Printup seconded, to approve the minutes of the Orono City Council meeting of June 27, 2016, as submitted. VOTE: Ayes 5, Nays 0. *3. CITY COUNCIL WORK SESSION OF JUNE 27, 2016 Levang moved, Printup seconded, to approve the minutes of the Orono City Council work session of June 27, 2016, as submitted. VOTE: Ayes 5, Nays 0. PUBLIC COMMENTS None MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, July 11, 2016 7:00 o’clock p.m. _____________________________________________________________________________________ Page 2 of 25 PUBLIC WORKS/CITY ENGINEER REPORT *4. 2016 ROAD MAINTENANCE CRACK SEALING Levang moved, Printup seconded, to authorize Allied Blacktop Company to complete the 2016 Street Maintenance crack sealing project for $35,842.22. VOTE: Ayes 5, Nays 0. *5. BROWN ROAD TRAIL REHABILITATION Levang moved, Printup seconded, to award the Brown Road Trail rehabilitation project to Bituminous Roadways for $35,650 and Advanced Wall Structures for $12,115, and to authorize Bolton and Menk to provide construction oversight services for an amount not to exceed $4,500. VOTE: Ayes 5, Nays 0. *6. STORMWATER POND ASSESSMENT Levang moved, Printup seconded, to authorize Bolton and Menk to complete the assessment of stormwater ponds in the Long Lake and Tanager Lake sub watersheds. VOTE: Ayes 5, Nays 0. 7. LURTON PARK a. 16-3832 CITY OF ORONO, 3580 WAYZATA BOULEVARD WEST, VARIANCES b. Lurton Off Leash Park Revised Design Community Development Director Barnhart stated the City of Orono is requesting a variance from the wetland and lake yard setbacks primarily on the east side of Lurton Park. The plan before Council has a blue line which reflects the first version of the plan that the City Council reviewed in May. In June, the Planning Commission reviewed a revised plan relocating the fence pulled back from the north property line, further away from the wetland and further away from Lake Classen. The Park Commission reviewed a further revised plan at their July meeting and they are in support of the latest plan that proposes to stay further away from the wetland, further away from the wetland buffer area on the west side, and modifies the small dog section. The Park Commission feels this plan attempts to address the issues that were raised during the City Council meeting as well as the Planning Commission meeting and still meets the goals of the City. Barnhart stated the most notable improvement to be made is the 47-inch woven wire fence depicted by the blue line. The woven wire will blend in with the natural areas of the park and will have a minimal visual impact. The neighbors had expressed concern about the impact of the fence on the natural movement of the wildlife and the impact to their properties. As a result of those concerns, Staff pulled that fence back and it is now at least 35 feet away from the wetland in the northwest corner of the property. The hope is to maintain habitat for the wildlife in the area as well as wildlife movement through the park. The public comment that has been received to date is focused more on the use of the off-leash dog area versus the actual variance. Staff has completed an analysis of the practical difficulties and believe they can be satisfied. Those items are addressed in Staff’s report. Barnhart stated there is both an on-leash dog area and an off-leash dog area being proposed. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, July 11, 2016 7:00 o’clock p.m. _____________________________________________________________________________________ Page 3 of 25 7. LURTON PARK (continued) Barnhart stated he has noticed that there are some park users utilizing the park in an off-leash area and that in Staff’s view the variance is the minimal amount necessary to allow use by the public. Barnhart noted the Park Commission recommends approval of the plan, while the Planning Commission recommended denial of the variance. Walsh asked how the fence will work. Walsh stated it appears the fence will be stretched and in a straight line as much as possible. Walsh asked whether it will be necessary to cut swaths to erect the fence. Public Works Director/City Engineer Edwards stated the goal is to make as many straight lines as possible with the fence since any corners will add expense to the project. Walsh asked whether a swath will need to be cut. Edwards stated most fence contractors did say they could minimize the swath but that some areas will need to be cut so they can get access to the fence locations with something the size of a Gator or a skid steer in order to bring in materials. Walsh stated he wanted to make sure they are not going to cut an 8 or 10-foot path. Edwards stated the goal is to maintain as much vegetation as possible. Edwards stated as it relates to Design No. 3, it has been overlaid with the current trail network, which is the reason for the location of the northern path. The orange line marks the woodchip trail, which will also provide access for installing the fence as well. The green line depicts a pretty well defined dirt trail and the red trail is a fairly well defined dirt trail. Edwards stated the other trails seem to be seasonal. During the Planning Commission meeting, there was some discussion about how someone could navigate the park without going inside the dog area, and if some of those trails are improved, there would be that opportunity available. Edwards noted the blue dots depict a gate. Walsh commented the park is a great asset for the community and that he has met with some of the Park Commissioners and walked through it with them as well as some of the neighbors. Walsh stated having the ability to have input has made all the difference in the world and that he would liken it almost to the Lakeview development and the public comment that was received on that application. Walsh commented everyone has compromised a little to make it work and that in his view, after walking the park, it is a great design. Walsh stated if he would make any changes to the plan, he would take the line and go from the one dot right straight over to the other dot. Walsh stated 130 feet is pretty close to one of the neighbor’s house and that he would suggest straightening that line out rather than doing that little L or U. Edwards noted the Park Commission opted for the more northerly route in an attempt to maximum the wooded area for the off-leash area rather than a straight line between the two dots. Rick Meyers, Park Commission Chair, stated they wanted the fence further north because it provided 8.1 acres for the off-leash area and 7.87 acres for the on-leash dog park. Meyers stated the Park Commission felt that was the best plan and that it would be up to the City Council if they want to change it. The Park Commission was more concerned about putting the drinking fountain and the picnic tables back in the plan. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, July 11, 2016 7:00 o’clock p.m. _____________________________________________________________________________________ Page 4 of 25 7. LURTON PARK (continued) Walsh stated he would echo that sentiment as well. Walsh noted the City Council removed the well and some other items at their April 25 meeting and that all of those things add up to probably $17,000 or $18,000. Walsh noted the City will be saving some money with fencing, and that if the City is going to do this, he would like to do it right the first time. Walsh stated he would rather finish the park and do it well and that he would be in support to include that back in the plan. Meyers stated if the fence is erected and the well is then added in later, the fence would need to be taken down and then put back up. Meyers stated it would not cost the City any more money by doing it right from the beginning and that he would like to move forward with the plan with the amenities added back in. Meyers noted the well would be located in the parking lot area. Edwards stated they do not know the exact location of the well at this time but that it would be located in an area where there is a transition from the on and off leash areas. Meyers stated one of the purposes of the park is to provide a socialization place for people as well as the dogs, which is why the shade structures and the picnic tables are desired. Meyers stated it would provide a place where people of all ages can gather. Council Member Cornick asked if there is any possibility to hook up to the City water line that is located on the other side of the road. Edwards indicated it would cost considerably more than a small residential sized well since the water line is located almost a quarter of a mile away. Cornick asked if the City has a plan for enforcement of the permits and other operational items. Edwards stated Staff started to draft some operation guidelines after the May meeting and the idea was that the seasonal parks employee would be utilized to help keep the park clean similar to the City’s other parks. The original plan for the permitting process was that the parking lot would be a parking lot solely for the dog park, but with the revised plan, Staff will look at possibly having some on-leash and off-leash parking. Cornick asked if this is considered a 24-hour park. Edwards indicated it would follow the same hours as some of the other City parks, which would be either 8 a.m. to 10 p.m. or sunrise to sunset. Council Member Levang stated based on the comments that have been received, a good compromise with the neighbors has been reached. Levang stated the fence has been moved, an area has been created for people to walk that do not have a dog, and the small dog area has been relocated to a better space. In addition, the City has honored what the family has asked of the City. Levang stated in her view what has been accomplished in the end is the best and provides the highest use for the park. Levang stated what she means by that is allowing the park land to get more use in accordance with the wishes of the Lurton family. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, July 11, 2016 7:00 o’clock p.m. _____________________________________________________________________________________ Page 5 of 25 7. LURTON PARK (continued) Levang stated the City could perhaps compromise on the fence line that Council Member Walsh commented on and still be true to what a dog park is. Levang noted the wetlands are being protected and that there will be plenty of area for people to bike over and walk who do not have dogs. Levang stated all of those revisions have resulted in a good plan and that she is hopeful the Council and neighbors can compromise tonight and do what is best for everyone. McMillan stated she has given this a lot of thought and that she appreciates the comments of the neighbors. McMillan stated in her view the park design has gone in a better direction. McMillan stated after reading the Planning Commission comments, she totally understands why they voted 5-0 against the variance and that she feels the same way about the fence variance. McMillan stated she does not feel the fence should be located in the 150-foot setback area at all and that the off-leash area would still be big enough if the fence is moved out of that area. McMillan stated since one of the goals is to provide an opportunity for socialization, she does not feel the off-leash area has to be located too much in the woods and that the main area can be designed without being located in the setbacks. McMillan stated the second comment she has relates to the small dog area and that the City should get a wetland delineation for that area. McMillan noted the City Council started talking a little bit about operations back in May and that she believes it is important for the neighborhood to understand what the operations are for the dog park. McMillan noted more work will need to be done on outlining the operations of the park and that she would like to see something on paper regarding the purchase of passes, whether there will be a limit on the passes, and hours of the park before the City spends more money on the park so it is clear for everyone. McMillan stated she would also like Staff to check with Prairie Restorations about how to best manage the prairie if it is being used for a dog park and that she would like to see some coordination with them since there has been a good investment in the prairie. McMillan stated she appreciate the neighbors’ comments on this application. McMillan stated whenever she sees a situation like this where the neighbors are caught off guard, the only thing she can do is to question how the City can do a better job of notifying the impacted landowners. McMillan stated she would like the Park Commission to have a policy that whenever there is a major revision to a park being proposed, the City will send out postcards to the neighborhood to notify them of what proposed improvements are being contemplated as well as hold a public hearing on the proposed improvements. Walsh stated when there was the original vote on the application, he felt there needed to be a time out due to some unanswered questions. Walsh stated getting all the logistics down is important and that he was not sure if 5-foot or 10-foot swaths would be necessary for the fence and some of the other logistics. Cornick asked if there are any dog parks that have invisible fencing. Edwards indicated he is not aware of any. Levang noted they would also require a special collar, which some dogs would not have. Edwards stated the invisible fence would also require the dogs to be trained. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, July 11, 2016 7:00 o’clock p.m. _____________________________________________________________________________________ Page 6 of 25 7. LURTON PARK (continued) McMillan asked if there is any public comment related to this application. Dianna Milianta, 3515 Sixth Avenue North, stated she would like to thank the City Council for taking the neighbors’ comments into consideration on this application. Milianta stated the current most northern part of the fence is really only 25 paces from their property line and that the 145 feet will be for the other properties that also have a nice 20-foot buffer. Milianta stated some of the negative impacts to their property include lower property values, impacts to someone wanting to have horses on their property, and the impact it has on the horses. Milianta stated the park users will have a close a view of their residence and that it will ruin the remote country feeling they currently enjoy. Milianta displayed a picture of their horse barn and noted they also raise some chickens. Milianta noted the blue line is the proposed fence and the red line is what they would propose for the fence. Milianta stated the red line would bring the northern fence south approximately 70 feet and that the fence could extend farther east on level ground toward the lake. Milianta indicated their proposed location takes the fence through a clearing and would be easier to install, which would also lower the cost of the fence. Milianta stated it would also have a positive impact on their property by creating an equal buffer similar to the other residences. Milianta displayed a series of photographs taken in various locations along the blue fence line and the proposed red fence line. Pearson noted if the fence is relocated slightly in that area, no trees would need to be cut at all and some of the other locations would only require mowing or the removal of dead trees, which could then be used for wood chips. Star is a big dead tree. Pearson stated the proposed northeast corner of the fence could be extended east about 30 feet. Pearson stated relocating the fence would allow for a remote, country feeling for dog park users and would still allow a pathway for wildlife to travel east/west on the north side of the site. Milianta recommended the gates be auto closing and auto latching to protect both the dogs and people in the area. Milianta stated her husband would also be happy to work with the Park Commission to help route the fence. Milianta stated if the Council is not willing to accept their proposal, they would request that a privacy fence be installed to help protect the neighborhood and the dog park users. Laurel MacLachlan, 3565 Sixth Avenue North, stated she would like to see the fence in the location proposed by Dianne. MacLachlan stated her understanding is when they pull the fence, they use an 8-foot wide corridor to pull the fence and that she is not sure they will have enough room with where it is currently located. Walsh noted he did talk about that before she arrived and that they will be using a skid loader to haul materials in and that the contractor would not need to create that whole swath. MacLachlan stated in her view the City has made some improvements to the plan but that she would propose the fence location proposed by Dianne. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, July 11, 2016 7:00 o’clock p.m. _____________________________________________________________________________________ Page 7 of 25 7. LURTON PARK (continued) Tom Sawyer, 3405 County Road 6, stated he is here in support of his neighbors’ request for a larger setback since they will be living with the dog park 24/7. Sawyer commented he is a dog owner and that he uses the dog park by Lake of the Isles, which is much smaller and has a more intense use than this one will have. Sawyer stated users of the park will likely not notice there is less space but the neighbors will and that he is asking the Council to honor their request. Sawyer stated one of his concerns relates to hours of operation and that there will be some barking and other noises created, such as from owners calling their dogs. Sawyer indicated he goes to bed early and that he would like some assurance that there will not be any noise from the park after 9 p.m. Sawyer stated the other issue is potential lighting and that he would prefer that not happen. Sawyer noted he did not hear anything of that nature discussed so far. Sawyer stated it appears to be a good plan but that he does not see the need for forcing the dog park up towards someone’s property line when it can easily be moved back without any expense to the City or the users of the park. Sawyer stated in his view it would be the right thing to do. John Thiesse, Planning Commission Chair, noted this application was before the Planning Commission at their June meeting and that at no time during their discussion was it their intent to disparage the Park Commission. Thiesse stated he would like to thank and commend them for their work on behalf of the City. Meyers stated he would like to get the dog park built, and that if moving the northern border makes people happy, in his view that can happen. Meyers stated pushing the fence further west would also shrink the dog park down. Meyers asked if the Mayor is proposing to move the fence back behind the purple line. McMillan stated that is correct. Edwards pointed out the 150-foot setback is measured from the ordinary high water level and not necessarily where the water is. Edwards indicated the actual shoreline is another 300 to 400 feet from that. McMillan noted Lake Classen is considered an environmental lake, which is the reason for the larger setback. Meyers noted this will be a fence and not a structure within the setback and that if the City can grant the variance, it would be a good compromise. McMillan asked how the Park Commission would feel about putting together some operational details. Meyers indicated he is fine with that. Meyers stated the Park Commission has a workshop coming up in August and that they could add that to the agenda. McMillan stated she would like to see something in writing for how things are envisioned to happen in the future such as hours of operation, lighting, etc. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, July 11, 2016 7:00 o’clock p.m. _____________________________________________________________________________________ Page 8 of 25 7. LURTON PARK (continued) Meyers asked if the City Council can vote on where the fence will be located. McMillan stated she has the impression that the neighbors would like to get more details about how the park will operate and that she would like to do that before spending more money on the park. Meyers stated the Park Commission can do that and that this park is being modeled after Three Rivers’ dog parks. Walsh stated he can see the motion being subject to certain things, and that once those items are done, the whole project will be put together and the City can proceed forward with the project. Meyers stated he would also like to see the other items added back into the plan. Council Member Printup asked how long it would take to clear the swath and erect the fence. Edwards indicated it will take a couple of weeks to solicit bids, which would need to come back to the Council probably at their first meeting in August. Edwards noted the original guidance received from the Council was that the Park Commission would only consider design of the park and not the rules. McMillan stated she would like to see the Park Commission’s comments on the operation of the park and that the Council’s discussion related more to the passes and how that would be handled administratively. Edwards noted everything was modeled after the existing park rules, with some additional rules being added in that are specific to dogs. McMillan stated she personally would like the Park Commission to put some time and thought into the operation of the park. Walsh stated from a timing perspective, this application might not be back before the City Council until September and that the ground could freeze and the contractor may not be able to get it in until next spring. Meyers stated he would like to have a vote on the location of the fence and then add the contingencies later. McMillan stated the Council can vote on the variance and then the exact location of the fence can be determined. Edwards stated what he needs in order to go out for bids is approval from the Council on the location of the fence. Edwards noted there was also a question about variances with the small dog area. Edwards stated there is an existing fence in that area that they are proposing be rebuilt. McMillan asked if there is a wetland where it says small dog on the map. Edwards indicated it is all woods currently and that it is his belief the wetland extended into that area prior to the highway being built. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, July 11, 2016 7:00 o’clock p.m. _____________________________________________________________________________________ Page 9 of 25 7. LURTON PARK (continued) Cornick asked how difficult it is to run power there. Edwards stated the power lines run in the county right-of-way and that they could use that if necessary. Edwards noted the initial quote was for a hand-pump well and would not require power. Edwards stated they could also put a solar device on the pump as well. Bryce Johnson, Park Commissioner, stated he was part of the subcommittee that led the study of the dog park prior to the offer by the Lurton family. Johnson stated the subcommittee that did that work and studied the dog parks really felt the amenities that come with the dog park are important and were not related just to the fence. Johnson stated what they found in their analysis of dog parks is that socialization is important for the dogs and leads to the socialization of people, which is good for the community. Johnson stated given the anticipated savings on the fence, now would be a really good opportunity to add the two sail structures back in to provide shade as well as the additional bench and table in the small dog park. Johnson indicated he would not have a problem with moving the fence and that the main reason for the size of the off-leash area was out of deference to the Lurton family. Levang indicated she is in favor of approving the fence with the other elements to make it a complete dog park. Printup stated he is in favor of making the northern line straight as well as adding back in the other elements to the park. Dianna Milianta noted there appear to be differences between their measurements and the City’s measurement. Milianta asked if there is a survey so the measurements can be verified and whether the neighbors could be notified when the fence location is staked. McMillan indicated there will be some survey markers placed MacLachlan noted they are also neighbors to the gun club and that they would appreciate anything the Council can do to not have that go beyond sunset would be appreciated. Levang commented that seems reasonable and that the intent is not to disturb the neighbors. Levang stated moving the fence line will help with the noise. Walsh moved, Cornick seconded, Application No. 16-3832, City of Orono, 3580 Wayzata Boulevard West, to direct Staff to draft a resolution granting a variance to the wetland and lake yard setback. McMillan noted she will not be voting in favor of the variance but that she is in favor of the dog park. Walsh stated he would also be making a motion to relocate the fence line and adding some of the amenity items back in, with the Park Commission working on some operational guidelines for the park. McMillan stated she would like to see the area delineated so the City knows whether a variance is required for the small dog park area. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, July 11, 2016 7:00 o’clock p.m. _____________________________________________________________________________________ Page 10 of 25 7. LURTON PARK (continued) VOTE ON THE ABOVE MOTION: Ayes 4, Nays 1, McMillan Opposed. Walsh moved, Printup seconded, to adjust the blue fence line to go straight across, with the approval of the entire dog park being subject to the City developing a full set of rules and regulations for the park, and adding back in the well, the day fee box and sign, the bench, picnic table and shade structures that were taken out of the plan at the April meeting; subject to the neighbors being notified of the survey; and subject to a delineation of the wetland being completed. Levang asked if Council Member Walsh is now agreeing that a delineation is needed for the small dog park area. Walsh stated in his view it would be good to get that done since it appears a portion of the area has been filled and that a wetland delineation will not take that long. Edwards stated the only issue is that the Council would need to authorize Staff to engage with the consulting engineering firm to have the delineation done, with the estimated cost being $7,000 to $9,000. Walsh stated he would add that to his motion. Walsh moved, Printup seconded, to amend his motion to direct Staff to work with the City’s consulting engineer on the wetland delineation at an anticipated cost of $7,000 to $9,000. Levang commented it was news to her that some of the area has been filled, which does call for a different approach. McMillan asked if Council Member Walsh is talking about the same line as what the neighbors proposed. Walsh indicated it is. McMillan stated the revised cost estimate could come back before the Council in August. Edwards stated in Part B of the application there is a revised project estimate, which has the estimate for all those items being added back in except for the day pass box. Edwards noted the Council was not interested in a day pass option so that was taken out. McMillan stated it goes more to the operation of the park and that there are pros and cons to a daily pass. McMillan stated the Park Commission and Council may want to discuss that further and that the real concern is about how the park may be used. McMillan noted random daily passes would make the dog park more difficult to maintain and enforce and would need to be reviewed as part of the operational piece. McMillan stated the delineation would need to be approved tonight. Walsh stated that is within his motion. McMillan asked if Council Member Walsh envisions any changes depending on the delineation. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, July 11, 2016 7:00 o’clock p.m. _____________________________________________________________________________________ Page 11 of 25 7. LURTON PARK (continued) Walsh stated he did not see any issues walking the park but that he would need more information on whether the line needs to be adjusted based on the delineation. McMillan noted when the variance was approved, the line on the map was approved, and that she is wondering whether spending the money on the delineation makes sense. Walsh stated he is attempting to move the process forward. Walsh noted the Council will still have to approve the rules and regulations for the park and approve the budget. McMillan asked if Council Member Walsh would like the delineation done before the facts and findings are completed for the resolution. Walsh stated all those things will have to be done before a final vote. McMillan stated the variance can come back before that unless he would like it held back. Walsh recommended the Council hold off on approving the resolution until all the pieces are together. City Attorney Mattick stated the variance allows the City to build up to a certain point and that they can back off of that. Walsh stated that can be adjusted and that he is only talking about the small dog park area for the delineation. Walsh stated it is a starting point so everyone knows where the City is going and that the Park Commission also has to meet to talk about the rules and regulations. MOTION: Walsh moved, Printup seconded, to adjust the blue fence line to go straight across, with the approval of the entire dog park being subject to the City developing a full set of rules and regulations for the park; adding back in the well, the day fee box and sign, the bench, picnic table and shade structures that were taken out of the plan at the April meeting; subject to the neighbors being notified of the survey; and subject to a delineation of the wetland being completed, with Staff being directed to work with the City’s Consulting Engineer on the wetland delineation at an anticipated cost of $7,000 to $9,000. VOTE: Ayes 5, Nays 0 *8. WATERTOWN ROAD AND STUBBS BAY ROAD REHABILITATION – PAY REQUEST NO. 4 – FINAL Levang moved, Printup seconded, to approve Pay Request No. 4, Final, to Bituminous Roadways in the amount of $31,669.63 for the Watertown Road and Stubbs Bay Road rehabilitation project. VOTE: Ayes 5, Nays 0. *9. WATERTOWN ROAD PHASE 2 REHABILITATION – PAY REQUEST NO. 1 Levang moved, Printup seconded, to approve Pay Request No. 1 to Valley Paving in the amount of $245,751.87 for the Watertown Road Phase 2 rehabilitation project. VOTE: Ayes 5, Nays 0. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, July 11, 2016 7:00 o’clock p.m. _____________________________________________________________________________________ Page 12 of 25 PUBLIC SAFETY REPORT *10. DISPOSAL OF FORFEITED VEHICLES Levang moved, Printup seconded, to authorize the disposal of the following vehicles: 2000 Oldsmobile Bravada, VIN#1GHDT13WOY2213443; a 1999 Honda CRV, VIN#HLRD1860XC018973; a 1998 Toyota Rav4, VIN#JT3GP10V8W7028483; a 2001 MZ Motorcycle (Scooter), VIN#RFTJP50AX1L000026, through the Auto Auction. VOTE: Ayes 5, Nays 0. PUBLIC WORKS/CITY ENGINEER REPORT, CONTINUED: Edwards reported on the following work performed by the Public Works Department: • Pothole filling has been completed on Northern Avenue, Fox Street, and Dickenson Street • Right-of-Way mowing has been completed • Culverts have been replaced on Leaf Street and Ferndale • Culvert and shoulder repairs have been done on Spring Hill • Sewer repair was completed on Willow Drive South • Water stub break repairs have been completed • Aquatic weed removal has been initiated at three of the City’s beaches • The Lurton parking lot expansion completed • School traffic study has been completed for Old Crystal Bay Road • Recommended turn lane to northern high school entrance. The estimate to construct the turn lane is approximately $68,000, with the City contributing $25,000 and the school managing the project in conjunction with other internal improvements McMillan asked how the Pavement Management Fund is. Edwards displayed a breakdown of the pavement fund. Edwards noted the fund had a beginning balance of $683,000 and that the approved work will bring that balance down to $332,896. Walsh asked if the MSA fund is lumped in there as well. Edwards indicated it is not and that he can provide that update later. McMillan asked if he is anticipating any seal coating this year. Edwards stated it was his understanding the City Council did not want to move forward with that for this year. 2016 deferred item include a mill and overlay on Casco Circle, seal coating, and reconstruction of West Lafayette. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, July 11, 2016 7:00 o’clock p.m. _____________________________________________________________________________________ Page 13 of 25 PLANNING DEPARTMENT REPORT – JOHN THIESSE, REPRESENTATIVE 11. #15-3763a CHRISTOPHER W. BOLLIS, 200-350 STUBBS BAY ROAD NORTH, REVISED PRELIMINARY PLAT This item was removed at the request of the Applicant. 12. #16-3822 LAKEWEST, LLC, 3245 WAYZATA BOULEVARD WEST, PRELIMINARY PLAT REVIEW Senior Planner Gaffron noted the City Council reviewed this proposed subdivision on May 9 and tabled the application pending Staff discussions with the Metropolitan Council regarding the density issue and a meeting between the developer and Hennepin County regarding access to Wayzata Boulevard. Pursuant to that direction, Staff conferred with Metropolitan Council staff and reported to the City Council at its June 27 meeting that an understanding of how Metropolitan Council calculates density has been gained. The Fire Chief also reviewed the plan and commented that a hammerhead or T configuration would be preferred. Hennepin County has also reviewed the plan and will be requiring some turn lanes and approving the westerly access but not the second easterly access at this time. Due to the lack of a second access point, if a fire occurred in the middle of the development, it would be difficult for the residents to get through. The City Council should discuss the following items: 1. The Conservation Design Master Plan is lacking certain detailed information which will be necessary to have flushed out before final plat approval. 2. Council to confirm acceptance of “average” FAR of 0.782 and how or whether to define for individual lots. 3. Confirm Council acceptance of average hardcover of 35 percent. Some lots will be over the 50 percent RPUD limit. 4. Street widths, private versus public, acceptance of T configuration. 5. Confirm acceptance of no trail easement along Wayzata Boulevard. 6. Review stormwater fee calculation method. Based on the County comments indicating that a single access point will be allowed, the applicants should provide a revised set of plans showing the hammerhead configuration and any other aspects of the preliminary plat that will change as a result. McMillan asked if the emergency access point on the T can be made attractive. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, July 11, 2016 7:00 o’clock p.m. _____________________________________________________________________________________ Page 14 of 25 12. #16-3822 LAKEWEST, LLC, 3245 WAYZATA BOULEVARD WEST, PRELIMINARY PLAT REVIEW (continued) Gaffron stated at the end of the cul-de-sac on Kelly Parkway, east of the main access to Stone Bay, the emergency access point consists of a grassy area with a grid underneath that allows fire trucks to drive over. Gaffron stated it would be possible to do something similar in this situation and that there would not be a need to erect posts or a barricade in that area. Walsh asked what would happen if something like that is not there and the fire chief says that is not going to work. Gaffron stated if there is no emergency access, he is not sure what the answer would be. Gaffron stated if Hennepin County is only going to allow the one access point, if something happens and those people cannot get out, they cannot get out, and that he does not know what the answer is. Gaffron stated it appears the County will not allow a second access until that other area is developed. The proposed cul- de-sac 3 and 2 road is between 600 to 800 in length. Gaffron noted the Stone Bay development has long cul-de-sacs with loops and that there are other long cul-de-sacs in the City where the same issue could happen. Gaffron noted this development will also have city sewer and water and that there will be fire hydrants located throughout the development. Printup asked whether the safety access, if built, could ever be turned into a permanent access. Gaffron stated it is not impossible but that a variety of changes might need to be done to address sightline issues. McMillan commented the residents that live near there would also likely not want the road to become a through road. McMillan asked what Outlot C is for. Gaffron stated one of the RPUD requirements is that the developer donate 10 percent of its land area as a private park, which is what Outlot C is for. The developer will also be providing a trail that goes around the perimeter of the landfill on the high land. The Planning Commission and Park Commission felt that the trail was more than adequate and did not recommend a land donation in place of a park dedication fee. Gaffron stated if the City Council is comfortable with the .782 floor area ratio on average, that would be fine and that he would prefer not to have to determine the FAR for each individual lot. Walsh commented he is comfortable with the average. McMillan asked if the developer is held to a certain design. Gaffron stated he has a bit of a concern that there will be multiple builders. Gaffron stated if they get to the point where there are builders who want to do something different than the proposed plan, there will likely be issues. Gaffron stated he would like to avoid what happened with Stone Bay and the necessity of re-educating the different builders on what is required and critical. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, July 11, 2016 7:00 o’clock p.m. _____________________________________________________________________________________ Page 15 of 25 12. #16-3822 LAKEWEST, LLC, 3245 WAYZATA BOULEVARD WEST, PRELIMINARY PLAT REVIEW (continued) Walsh stated the City Council will need to define what all those points are since it will be difficult to hold someone to a specific design. Mattick stated the City Council typically has not gone down that road on residential developments but that there needs to be a reasonable rational why it needs to be one thing versus something else. Gaffron stated in the development agreement and resolution the Council could give Staff some latitude to bring certain designs to the City Council but that it is pretty subjective. Mattick stated it would put the City Council in the position of approving a building permit, which is not something they typically would do. Mattick noted the City would not be a party to the homeowners association, which is where those guidelines would typically be. McMillan stated she is more looking at quality control as far as materials rather than architectural control. Walsh stated the developer could require certain building standards be met. McMillan stated if the City is giving some leeway on the FAR, she would like to make sure the development is being done well. Gaffron stated the Council will need to decide whether a trail easement should be given. Gaffron noted the developer earlier said there would be impacts to their landscaping if the trail easement is required. Gaffron stated if there is a trail easement, it would push the landscaping back ten feet and the back yards would become smaller. Printup stated he would like to get the easement in case it is ever needed in the future and that he is not opposed to the developer putting landscaping on the trail easement until that easement is required. Levang commented it ends up being a trail to nowhere since it cannot be extended past the property. Printup stated there is also a really great park not far from this property. Gaffron indicated the resolution does contain some language regarding the trail easement and that the Council will need to decide whether an easement will be required. Levang stated the City cannot encourage people to cross the highway to use the park. Walsh commented it would be nice to see the delineation of the county right-of-way to see whether a trail could go in there. Levang stated she would hate to take land from the back yards of those properties that are against the highway. McMillan stated an easement is an easement and would be on the record regardless if there is landscaping in that area. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, July 11, 2016 7:00 o’clock p.m. _____________________________________________________________________________________ Page 16 of 25 12. #16-3822 LAKEWEST, LLC, 3245 WAYZATA BOULEVARD WEST, PRELIMINARY PLAT REVIEW (continued) Curt Fretham, Lakewest, LLC, stated one of the points in the discussion tonight that caught his attention was the design standards. Fretham stated in his view they felt they needed to put some house plans together so that people would be able to understand the homes would fit and that they can put together some written design standards that will address the Council’s concern. Fretham stated they could include some requirements that different architectural elements be incorporated on the homes so that two homes that are the same are not next to each other. Fretham indicated he would prefer not to provide a trail easement but that he would provide it with the idea that they can landscape on it. Fretham stated he understands the risk that could happen should the easement ever be needed and that the homeowners will also tend to take ownership of that area. Walsh asked if the FAR works for them. Fretham indicated it does and that in his view the house pads they provided are realistic. Gaffron stated due to the Z-shaped lots and the fact that there are driveways next to one another, the lots are pretty well defined and do not have much room to do anything different. Walsh asked how much the lots will sell for. Fretham stated the packages will be $600,000 plus. Gaffron asked if David Weekly Homes is still involved in the project. Fretham indicated he told them he had to receive preliminary plat approval before reaching any other agreements. Gaffron asked whether they will be able to create the revised plans in a couple of weeks. Marty Campion stated that is realistic and that the revisions are relatively minor at this stage. Gaffron asked whether they will be able to have a 50-foot corridor. Campion stated he would like to make the north/south road a public road 32 feet in width within a 50-foot corridor. Campion indicated they would also need some relief from the setback requirements. Gaffron stated at this point the road is depicted as being 28 feet wide within a 40-foot corridor. For Lots 1, 2, and 3, there will be another 20 feet from the right-of-way line to the house. That will allow minimal but adequate parking to park two vehicles in front of the garage. Campion stated he would like to have a setback off of the curb so a full-sized vehicle or a pickup truck could be parked in the driveway. McMillan asked if the intent is for the north/south road to someday become private. McMillan noted the east/west road is private. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, July 11, 2016 7:00 o’clock p.m. _____________________________________________________________________________________ Page 17 of 25 12. #16-3822 LAKEWEST, LLC, 3245 WAYZATA BOULEVARD WEST, PRELIMINARY PLAT REVIEW (continued) Campion stated it will remain private until the property to the south develops and then it becomes public. Levang stated she is more agreeable to that. Walsh stated the road would have to be up to city standards at that time. Campion stated both roads will be constructed to city standards, with the other road being wider within a wider corridor. The pavement on the public road will be 32 feet wide where the private pavement will be 28. McMillan asked if the parking bays will be included in the homeowners association. Campion indicated they will be. It was the consensus of the City Council to request a 10-foot trail easement and to include the buffer areas in the calculation of the stormwater fees. Campion stated they are accepting of the trail easement but that there should be an understanding that once they are west of the west access, the guardrail is right at the edge of the turn lane and there will not be any flat area to extend the trail beyond the west entrance. Campion noted once you get east of the east entrance, there is an existing guardrail at the wetland, which would also make it difficult to extend any trail. Levang moved, Walsh seconded, to direct Staff to draft a resolution granting preliminary plat approval for Application No. 16-3822 Lakewest, LLC, 3245 Wayzata Boulevard West, requiring a 10-foot trail easement and incorporating the other points that Mr. Gaffron has outlined. VOTE: Ayes 5, Nays 0. (A recess was taken) *13. #16-3834 NED AND MICHELLE DAU AND NORTHGATE TWO HOA, 220 NORTHGATE ROAD AND OUTLOT C NORTHGATE TWO, LOT LINE REARRANGEMENT, VARIANCE AND EASEMENT VACATION – RESOLUTION NOS. 6641, 6642, 6643 Levang moved, Printup seconded, to adopt RESOLUTION NO. 6641, a Resolution Approving a Subdivision of a Lot Line Rearrangement at 220 Northgate Road and Outlot C, Northgate Two, File No. 16-3834. VOTE: Ayes 5, Nays 0. Levang moved, Printup seconded, to adopt RESOLUTION NO. 6642 , a Resolution Granting a Variance to Municipal Zoning Code Section 78-1403 for Property Located at 220 Northgate Road, File No. 16-3834. VOTE: Ayes 5, Nays 0. Levang moved, Printup seconded, to adopt RESOLUTION NO. 6643, a Resolution Vacating an Open Space Easement Within Outlot C, Northgate Two, Hennepin County, Minnesota, File No. 16- 3834. VOTE: Ayes 5, Nays 0. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, July 11, 2016 7:00 o’clock p.m. _____________________________________________________________________________________ Page 18 of 25 *14. #16-3836 RICK ANDERSON AND DAVID LIND, 3585 SIXTH AVENUE NORTH, CONDITIONAL USE PERMIT AND HOLDING TANK APPROVAL – RESOLUTION NO. 6644 Levang moved, Printup seconded, to adopt RESOLUTION NO. 6644, a Resolution Granting a Conditional Use Permit Pursuant to Municipal Zoning Code Sections 78-418(6) and 78-1437 , and Approving Use of a Holding Tank per Municipal Code Section 58-51 for File No. 16-3836. VOTE: Ayes 5, Nays 0. 15. #16-3840 CITY OF ORONO, TEXT AMENDMENT: TEMPORARY FAMILY HEALTH CARE DWELLINGS – ORDINANCE NO. 175 Barnhart stated the ordinance before the City Council opts the City of Orono out from recently passed legislation pertaining to temporary daily health care units. The statute allows property owners to place a temporary trailer on the property so they may provide health care to users for up to 12 months. The statute also imposes several conditions, including that the structure be connected to electricity and water via the main home and that all local ordinances are followed. Since city ordinances currently prohibit dwellings in trailers or accessory structures, the ordinance before the Council this evening restates the prohibition. Printup moved, Levang seconded, to adopt ORDINANCE NO. 175, Third Series, an Ordinance Amending the Code of Ordinances Pertaining to Dwellings in Accessory Structures and Temporary Family Health Care Dwellings. VOTE: Ayes 5, Nays 0. *16. #16-3838 AL MUSECH ON BEHALF OF THOM AND LAURA CLAPP, 215 HOLLANDER ROAD, EASEMENT VACATION – RESOLUTION NO. 6645 Levang moved, Printup seconded, to adopt RESOLUTION NO. 6645 , a Resolution Vacating Drainage and Utility Easement Over Parts of Lots 3 and 4, Holly Acres 2nd Addition, for File No. 16-3838. VOTE: Ayes 5, Nays 0. *17. #16-3833 JOHN AND CYNDY BOWLSBY, 1025 SPRING HILL ROAD, VARIANCES – RESOLUTION NO. 6646 Levang moved, Printup seconded, to adopt RESOLUTION NO. 6646, a Resolution Granting Setback Variances from Orono Municipal Code Section 78-1279, for the Property Located at 1025 Spring Hill Road, File No. 16-3833. VOTE: Ayes 5, Nays 0. *18. #16-3835 MICHAEL GALLUS CONSTRUCTION ON BEHALF OF GUY MILLIREN, 1991 AGERNESS POINT ROAD, VARIANCES – RESOLUTION NO. 6647 Levang moved, Printup seconded, to adopt RESOLUTION NO. 6647, a Resolution Approving Variances from Municipal Zoning Code Sections 78-350 and 78-1279 for the Property Located at 1991 Fagerness Point Road, File No. 16-3835. VOTE: Ayes 5, Nays 0. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, July 11, 2016 7:00 o’clock p.m. _____________________________________________________________________________________ Page 19 of 25 19. #16-3837 JOHN BRUNELLO, LLC, 570 ORONO ORCHARD ROAD SOUTH, VARIANCES – RESOLUTION NO. 6648 Levang asked what the proposed setbacks are for this application. Barnhart displayed the applicant’s proposal on the overhead and noted the proposed site plan is 17 feet on the north side and 15 feet from the south side lot line. Setbacks of 30 feet are required. Levang asked whether there can be some compromise and have 17 feet on each side rather than 15 feet on the one side. Levang stated this would be the back yard to the 1390 house and that it would give a little more privacy. Levang noted the adjoining lot is for sale, which means that house could also be developed at some point. McMillan noted just because there is vegetation today between the two properties does not mean there will be vegetation there ten years from now. McMillan indicated she is very concerned about using something that is nonpermanent as a reason to allow a setback variance. Barnhart stated he included that as a separate item and that when the Council grants a variance, they must use caution. Barnhart noted the resolution contains other reasons for granting it, and if the Council is concerned about the screening, they can state that for the resolution. McMillan stated they cannot guarantee there will be a buffer there and that it should not be up to the other property owner to plant a buffer. Gaffron noted Page 3, Item 3a states “The property owner in question proposes to use the property in a reasonable manner, however, the proposed use is not permitted by the official controls. The request to permit construction of portions of the proposed home within the 30-foot side setback area appears to be reasonable as the adjacent properties do not appear to be adversely impacted; the mature vegetation and topography separate the Property from the adjacent neighbors.” Levang stated that goes to the issue with the back yard. John Brunello, Applicant, stated the main reason why the buffer zone works for the house next door is the area to the north of the existing house is a very deep gully. Brunello indicated he is not sure if that shows up on the topographical map. Once that lot sells, the owner will not be able to build in that area since it is very low there and it acts as a runoff area with a culvert in that area. Brunello stated it is very unlikely they will build that far to the north. Brunello stated when the house for this lot was designed, they ran into the situation where they were trying to squeeze a lot into the plan and that the two feet makes a lot of difference in the house. Brunello noted only a screened-in porch is in that area and not the main portion of the house. Walsh stated he can see both sides of the argument but that they could move the sunroom forward and go the other direction with it. Walsh noted it would not be necessary to move the whole house. Brunello stated it will require a redesign and will delay permitting. Brunello stated they have already worked with the plan a lot to get it to where it is and that they would not have asked for the variance if they did not think they needed it. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, July 11, 2016 7:00 o’clock p.m. _____________________________________________________________________________________ Page 20 of 25 19. #16-3837 JOHN BRUNELLO, LLC, 570 ORONO ORCHARD ROAD SOUTH, VARIANCES – RESOLUTION NO. 6648 (continued) McMillan asked if it would require a major redesign to move the sunroom two feet. Brunello stated the views on the house are more to the west and the south. Levang noted the Council would only be approving the footprint tonight and that they could make changes to it later. Brunello stated that is the plan they are requesting a building permit on. Levang stated they could still change it after the Council approves it tonight. Walsh stated it could be adjusted by removing one of the windows and moving the wall. Brunello stated that would result in a long wall, which is unattractive. Levang stated he cannot guarantee that they will not change it later. Brunello stated as a builder he would prefer to just get a footprint approved since it would be cheaper but that the City of Orono requires someone to basically design a house within that footprint. Brunello stated this is the house plan they will be requesting a building permit on. Levang noted he has made changes to the original plan for the house on 190 and that he cannot guarantee that this house will be built. Levang stated she is saying that she would like to see the setbacks at 17 feet on both sides to protect the neighbor. McMillan stated the City Council attempts to reduce encroachments into the side setback as much as possible, especially when there is a clean slate. McMillan stated she understands the applicant is pulling back from the northern line, which is appreciated, and that she understands the applicant wants the sunroom to be as big as they can get it, but that it can be minimized to lessen the encroachment. McMillan asked what the dimensions are on the sun room. Brunello stated he does not have that in front of him. Walsh indicated it is 12’/6” x 12’. Walsh stated the applicant could also go 10’ x 12’ or 12’ x 14’ if he pushes it out. Brunello stated he is attempting to avoid long, unattractive walls. Levang stated she understands he would like it to be that size but that she is looking at the encroachment into the side setback. Barnhart stated the Council can either approve the resolution as written or direct Staff to rewrite the resolution. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, July 11, 2016 7:00 o’clock p.m. _____________________________________________________________________________________ Page 21 of 25 19. #16-3837 JOHN BRUNELLO, LLC, 570 ORONO ORCHARD ROAD SOUTH, VARIANCES – RESOLUTION NO. 6648 (continued) Mattick indicated the Council can approve the resolution and direct Staff to revise the numbers. Levang moved, Printup seconded, to adopt RESOLUTION NO. 6648, a Resolution Approving Variances from Municipal Zoning Code Section 78-420, for the Property Located at 570 Orono Orchard Road South, with the requirement that the side setback be 17 feet on both sides. VOTE: Ayes 5, Nays 0. MAYOR/COUNCIL REPORT Printup noted the Fire Commission has a meeting on Wednesday of this week and that they will be talking about Big Island, the fire boat and some coverage issues. Printup stated he would also like to thank the Police Department for keeping Orono citizens safe. Levang reported the City’s latest newsletter has been distributed and that there was a very timely article on traffic stops 101, which provides the residents with some helpful information on what to do in the event of a traffic stop. Levang stated she would urge people to read the newsletter. Walsh stated he worked at the Flying Pancake Breakfast at the Home Depot in Wayzata and that they were joined by the Mayors of Long Lake and Wayzata as well as House Representative Eric Paulson and State Senator Dave Osmek. Approximately 1600 people were served during the breakfast, which is a new record, and several hundred meals were served to veterans at no charge. Walsh noted he will be attending the fire meeting on Wednesday. McMillan stated the Orono Police Department is very appreciative of all the support they have received from the community this past week. McMillan noted there is a tentative open house that MnDOT will be having on Wednesday, July 27, from 5:00 to 7:00 p.m., and that the residents can confirm the date and time on the City’s website. McMillan stated the newly installed Sheriff’s dock was used quite a bit during the 4th of July weekend and that fortunately the weekend did not have a lot of emergencies occur at Big Island. McMillan stated the accessibility of the dock really allowed the water patrol and emergency crews to get people off the lake in a timely manner. CITY ADMINISTRATOR’S REPORT 20. PROSECUTING ATTORNEY – REQUEST FOR PROPOSAL (RFP) City Administrator Loftus stated the City received four submittals for prosecuting attorney and that Staff is asking for a motion approving a firm so Staff can begin negotiating a contract that will then come back for Council consideration. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, July 11, 2016 7:00 o’clock p.m. _____________________________________________________________________________________ Page 22 of 25 20. PROSECUTING ATTORNEY – REQUEST FOR PROPOSAL (RFP) Walsh noted at the May 9 Council meeting while discussing the RFP for prosecuting attorney, Council Member Cornick stated because he has worked with Ken Potts for 20-plus years, he would be recusing himself from all the procedures because he cannot be impartial. Walsh stated he would hope that Council Member Cornick would continue that and not make the vote a tainted vote going forward. Cornick stated he would refer Council Member Walsh to the comments he made during the work session indicating that he has changed his mind. Cornick noted his feelings about the issue are just as obvious as Council Member Walsh’s and that they would basically be cancelling each other’s vote. Walsh stated he has not recused himself or said that he has an issue with this matter and that he would expect Council Member Cornick to recuse himself. Cornick stated he can change his mind. Cornick moved, Levang seconded, to select Kenneth Potts as Orono’s prosecuting attorney and to direct Staff and the City Attorney to begin negotiating a contract. Walsh stated in his view this will be a tainted vote going forward because of the statements that Council Member Cornick had made at an earlier meeting. McMillan stated the interview process was helpful and helped demonstrate the value that Ken Potts has provided to the Orono Police Department over the years and that she will be voting to establish a new contract with Ken Potts. Loftus stated what she has heard at past Council meetings is that Council Member Walsh would like to review the termination clause. Loftus indicated Staff will attempt to make that as favorable as possible for the City and that the typical range for a contract of this type is three to five years. Loftus stated all four law firms during the interview process indicated they would prefer a minimum of three years, and that if the Council prefers a contract that is different than that, she would request Council direction in the motion. Walsh stated if there is a change in prosecuting attorneys, there will be a 6 to 18-month transition period between the old and new prosecuting attorney. Walsh stated to his recollection all candidates indicated three years was more their preference. Walsh stated he prefers the firm of Tallen and Baertschi. Walsh stated if the Council decides to vote for Potts, in his view it does not need to be a 3-year contract and that they should go with a 30-day termination clause. Walsh noted Ken Potts has publicly stated that he is going to be retiring after five years and that the City will be making a change anyway. Walsh stated if the City is going to transition from Potts to a new prosecuting attorney, he would rather do that while Potts is still here. Walsh stated if the Council is going to go with the same existing guy that is not doing a good job, the City should keep him on a short leash so they can deal with it at a later time. Levang stated all four individuals were new to her and that she had not met Mr. Potts previously. Levang noted other communities have commented that he does a great job as well as the Orono Police Commission. Levang stated she did not like the other attorneys’ business models and that she would stick with the five-year contract as was asked for in the RFP. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, July 11, 2016 7:00 o’clock p.m. _____________________________________________________________________________________ Page 23 of 25 20. PROSECUTING ATTORNEY – REQUEST FOR PROPOSAL (RFP) (continued) Levang stated whether Mr. Potts retires or not is up to him and that she will not hold him to that. Levang stated what makes a difference is that he has done well for Orono and its partner cities. Levang noted the Orono Police Department feels they have a very good relationship with him and that she is not going to hold him to a short leash. Levang stated Mr. Potts will be dealing with the police department and the city manager and that the City Council should not be micromanaging. Levang stated if the Council wants, Mr. Potts could report to the Council once a year. Printup asked what the length of the contract is currently. Loftus indicated it is a 3-year contract. Printup stated he was surprised to hear that prosecuting attorneys typically do not report to the Council. Printup stated knowing what the tentative outlook is for this individual, he would error on the side of transitioning to a new prosecutor. Walsh stated from day one when they discussed going out for RPFs on the city prosecutor, he has wanted to have the termination clause included in the contract. Walsh noted Staff said that they liked the former city engineer but the City still changed engineering firms. Walsh stated the City Council made that decision and not Staff and that the vendors work for the Council and not Staff. Walsh stated in his view the 30-day termination clause is important regardless of who it is. McMillan stated dealing with a prosecuting attorney and a consulting engineer is very different and that it is not comparing apples to apples. McMillan stated the prosecuting attorney has a whole different relationship with the City Council. McMillan noted when the City changed engineers, they had not done an RFP for approximately 20 to 25 years, and that as a Council they do not deal much with the prosecuting attorney. Walsh stated he deals with lots of different attorneys and engineers all the time but they are still vendors that are providing a service. McMillan stated in her view a city attorney is different from a prosecuting attorney as well. Cornick amended the motion, Levang seconded, to select Kenneth Potts as Orono’s prosecuting attorney and to direct Staff and the City Attorney to begin negotiating a minimum of a 3-year contract, with a 5-year contract being preferred. Printup asked about the 30-day notice. Loftus stated Council Member Walsh would like to make sure that there is a termination clause that allows the City some flexibility to terminate the relationship. Loftus stated that is something that Staff is working into most of the City contracts and that they will pay special attention to it with this contract. Loftus noted the new contract will be before the City Council sometime in the fall. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, July 11, 2016 7:00 o’clock p.m. _____________________________________________________________________________________ Page 24 of 25 20. PROSECUTING ATTORNEY – REQUEST FOR PROPOSAL (RFP) (continued) VOTE: Ayes 2, Nays 2, Walsh and Printup Opposed, Cornick Abstained. MOTION FAILS. Cornick stated it was his understanding that if the vote was tied the motion would still pass. Mattick stated the Council can make a new motion and see if that one passes or they can make a motion to reconsider the failed motion but that it would have to be made by one of the prevailing parties, which in this case would be Council Members Walsh or Printup. Cornick indicated he would like to make another motion. Walsh moved, Printup seconded to select Kenneth Potts as Orono’s prosecuting attorney and to direct Staff and the City Attorney to begin negotiating a 1-year contract with a 30-day termination clause. VOTE: Ayes 2 Nays 3, McMillan, Levang and Cornick Opposed. Levang moved, Cornick seconded, to select Kenneth Potts as Orono’s prosecuting attorney and to direct Staff and the City Attorney to begin negotiating a minimum of a 3-year contract up to a 5-year contract. VOTE: Ayes 3, Nays 2, Printup and Walsh opposed. *21. GOLF COURSE DONATIONS – RESOLUTION NO. 6649 Levang moved, Printup seconded, to adopt RESOLUTION NO. 6649, a Resolution to Accept Golf Course Donations. VOTE: Ayes 5, Nays 0 *22. CLAIMS/BILLS Levang moved, Printup seconded, to approve payment of the All Funds Account. VOTE: Ayes 5, Nays 0. CITY ADMINISTRATOR’S REPORT, CONTINUED Loftus noted National Night Out is set for August 2. Information is available on the City’s website. Loftus stated as a follow-up, the police department has been holding sessions on the use of force over the last several years which a number of the Council Members have attended. Loftus stated she hopes that training has been helpful. Loftus noted the City has also had some training on bias that she hopes has been helpful. Loftus noted the City will be getting a new electronic polling book that will be used this year. The residents will be required to sign into an iPad rather than the voter registration book. Loftus noted there will be a demonstration video on the City’s website for residents to learn how the process will work. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, July 11, 2016 7:00 o’clock p.m. _____________________________________________________________________________________ Page 25 of 25 CITY ATTORNEY’S REPORT *23. HAZARDOUS PROPERTY – 3907 CHERRY AVENUE – RESOLUTION NO. 6650 Mattick noted a search warrant was executed twice on this house and that the inspector found the house is very poor condition. Mattick stated the next step is to serve the order on the owner, remove the contents, and then demolish the home. Mattick stated it is unlikely the property owner will be served and that the notice will need to publish it in the City’s legal newspaper. Levang asked if the City will grade and seed the area. Mattick stated it will look like a ready to be built on lot once the work is complete and that the costs associated with the work will be assessed against the property. Levang moved, Printup seconded, to adopt RESOLUTION NO. 6650, a Resolution Ordering Abatement of Hazardous Condition of Hazardous Property and Hazardous Building. VOTE: Ayes 5, Nays 0. ADJOURNMENT Levang moved, Printup seconded, to adjourn the Orono City Council meeting at 10:08 p.m. VOTE: Ayes 5, Nays 0. ATTEST: _____________________________________ _______________________________________ Diane Tiegs, City Clerk Lili Tod McMillan, Mayor REQUEST FOR COUNCIL ACTION DATE: July 25th, 2016 ITEM NO: 3 _____________________________________________________________________________________ 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: Old Crystal Bay Turn Lane _____________________________________________________________________________________ List of Exhibits A- Turn Lane Figure B- Turn Lane Estimate C- Resolution 1. Purpose. The purpose of this action item is to gain Council approval of a resolution to partner with the Orono School District for the construction of a turn lane into the high school on Old Crystal Bay (OCB) Road thru the provision of funding not to exceed $25,000. 2. Background. Traffic backups on OCB, CSAH 6 and CSAH 112 at peak periods on school days has resulted in both inconvenience for residents and school patrons as well as increased safety concerns. To that end the Orono School District conducted a traffic management study this year. One of the recommendations from that study was for a turn lane in the south bound lane of OCB at the northern most high school entrance. 3. Project Scope. The project will create a 100ft turn lane in the southbound lane of Old Crystal Bay Road into the northern most high school entrance. (See Exhibit A) 4. Cost. Bolton and Menk prepared an estimate of costs for the project. (See Exhibit B) The project is estimated to cost $54,546. 5. Funding. Sufficient funding is available in the pavement management fund. Fund Cost Amount Allocated in the CIP Est. Fund Balance at end of 2016 Pavement Management Fund $ 25,000 $ 0 $ 332,896 6. Timing. The school is looking to complete the project prior to the start of school. COUNCIL ACTION REQUESTED: Move to approve a resolution to partner with the Orono School District in the construction of a turn lane on Old Crystal Bay Road through the provision of funding not to exceed $25,000. S O U T H B O U N D T U R N L A N E O L D C R Y S T A L B A Y R O A D C I T Y O F O R O N O , M I N N E S O T A F I G U R E N O . 1 J U L Y , 2 0 1 6 Ξ  B o l t o n & M e n k , I n c . 2 0 1 6 , A l l R i g h t s R e s e r v e d H : \ O R N O \ C 1 3 1 1 1 2 2 7 \ O L D C R Y S T A L B A Y R O A D T U R N L A N E \ 1 1 1 2 2 7 _ F I G U R E 1 - O L D C R Y S T A L B A Y R O A D T U R N L A N E . d w g 7 / 5 / 2 0 1 6 1 0 : 3 3 A M 2 6 3 8 S H A D O W L A N E , S U I T E 2 0 0 - C H A S K A , M I N N E S O T A 5 5 3 1 8 P h o n e : ( 9 5 2 ) - 4 4 8 - 8 8 3 8 E m a i l : C h a s k a @ b o l t o n - m e n k . c o m w w w . b o l t o n - m e n k . c o m F E E T S C A L E H O R Z . 2 5 5 0 0 OLD CRYSTAL BAY ROAD L E G E N D : B I T U M I N O U S R E M O V A L T U R N L A N E A G G R E G A T E S H O U L D E R T U R F R E S T O R A T I O N 12' RT TURN LANE-150'15:1 R E L O C A T E P O W E R P O L E 1 8 " R C P A P R O N PRELIMINARY ESTIMATE 2016 Old Crystal Bay Road Turn Lane Addition- High School City of Orono, Minnesota BMI Project No. Item Estimated Unit Total No.Bid Item Unit Quantity Price Amount 1 MOBILIZATION LUMP SUM 1 $2,300.00 $2,300.00 2 TRAFFIC CONTROL LUMP SUM 1 $2,300.00 $2,300.00 3 REMOVE BITUMINOUS PAVEMENT SQ YD 100 $10.00 $1,000.00 4 REMOVE CONCRETE CURB AND GUTTER LIN FT 5 $10.00 $50.00 5 REMOVE STORM PIPE LIN FT 8 $15.00 $120.00 6 DITCH GRADING LUMP SUM 1 $3,000.00 $3,000.00 7 COMMON EXCAVATION (P) (EV)CU YD 180 $22.50 $4,050.00 8 COMMON BORROW (CV)CU YD 220 $15.00 $3,300.00 9 SUBGRADE EXCAVATION (EV)CU YD 20 $22.50 $450.00 10 SUBGRADE PREPARATION (P)SQ YD 510 $1.50 $765.00 11 AGGREGATE BASE (CV) CLASS 5, 100% CRUSHED CU YD 189 $40.00 $7,560.00 12 TYPE SP 12.5 NON WEARING COURSE MIX (3,B)TON 65 $100.00 $6,500.00 13 TYPE SP 9.5 WEARING COURSE MIX (4,B) 1.5" THICK SQ YD 430 $10.00 $4,300.00 14 SHOULDER AGGREGATE CLASS 2 CU YD 10 $22.50 $225.00 15 18" RC STORM SEWER PIPE CL V LIN FT 8 $125.00 $1,000.00 16 18" RC STORM SEWER APRON W/ TRASH GUARD EACH 1 $2,000.00 $2,000.00 17 CONCRETE CURB & GUTTER DESIGN B612 LIN FT 10 $25.00 $250.00 18 PAVEMENT MESSAGE (ARROW) EPOXY EACH 2 $150.00 $300.00 19 4" SOLID LINE WHITE - EPOXY LIN FT 480 $1.00 $480.00 20 24" SOLID LINE WHITE - EPOXY LIN FT 15 $12.50 $187.50 21 EROSION CONTROL LUMP SUM 1 $2,000.00 $2,000.00 22 TOPSOIL BORROW (LV)CU YD 130 $35.00 $4,550.00 23 HYDROMULCH W/ 25-151 SEED MIX SQ YD 580 $5.00 $2,900.00 TOTAL ESTIMATED CONSTRUCTION COST:$49,587.50 CONTINGENCY (10%):$4,958.75 TOTAL ESTIMATED CONSTRUCTION COST AND CONTINGENCY:$54,546.25 CITY OF ORONO HENNEPIN COUNTY, MINNESOTA A RESOLUTION TO PARTNER WITH THEORONO SCHOOL DISTRICT FOR THE CONSTRUCTION OF A TURN LANE ON OLD CRYSTAL BAY ROAD Whereas, the Orono School District and the City of Orono desire to provide safe and efficient access to Orono Schools; and Whereas, the provision of a turn lane into the high school off of Old Crystal Bay Road has been identified as one of the solutions to traffic congestion on County Road 6 and Old Crystal Bay Road; and Whereas, the City wishes to support the Orono School’s Districts efforts to improve traffic flow through the campus and surround roads; and Whereas, the Orono School District will manage and lead the construction of a turn lane from Old Crystal Bay Road into the northern high school entrance; and NOW, THEREFORE, BE IT RESOLVED that the City partners with the Orono School District for the purposed of constructing a turn lane on Old Crystal Bay Road southbound into the northern high school entrance; and BE IT FURTHER RESOLVED that the City of Orono will provide up to $25,000 toward the construction of the turn lane. Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held July 25th, 2016. ATTEST: ________________________________ __________________________________ Diane Tiegs, City Clerk Lili Tod McMillan, Mayor REQUEST FOR COUNCIL ACTION DATE: July 25, 2016 ITEM NO: 4 Department Approval: Administrator Reviewed: Agenda Section: Name Jeremy Barnhart JML Planning Title Community Development Director Item Description: 15-3740, Funk and Rogosheske, Preliminary Plat Extension Application Summary The property owners received approval of a preliminary plat in July, 2015. The applicants have not completed the final plat process, and requests an extension of one year to complete that process. Background The Council approved the lot split on July 13, 2015. Mr. Funk formally requested his extension in a letter dated July 11th. The subdivision of Lot 1, Block 1, White Oak Overlook, was a lot split, one additional lot was created. No variances were required. No changes to the zoning ordinance or comprehensive plan have occurred that would impact the development. Action Requested: Approve by resolution an extension of one year for the preliminary plat approved in resolution 6520. List of Exhibits: Exhibit A. Renewal resolution Exhibit B. Letter of extension request Exhibit C. Resolution 6520 Page 1 of 1 A RESOLUTION GRANTING AN EXTENSION OF THE PRELIMINARY APPROVAL OF A SUBDIVISION FOR PROPERTY LOCATED AT 540 OLD CRYSTAL BAY ROAD SOUTH - FILE NO. 15-3740 WHEREAS, George C. Funk and Judy A. Rogosheske, a married couple (hereinafter the “Developers”) are the owners of the property within the City of Orono (hereinafter the "City") addressed 540 Old Crystal Bay Road and legally described as Lot 1, Block 1, White Oak Overlook, Hennepin County, Minnesota (hereinafter the "Property"); and WHEREAS, at their regular meeting held on July 13, 2015 the Orono City Council adopted Resolution No. 6520 granting preliminary approval of a two lot subdivision of the Property; and WHEREAS, the Owner has requested an extension of the preliminary plat approval; and WHEREAS, there have been no pertinent changes to the zoning or subdivision regulations that would affect the proposed subdivision since July 13, 2015. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Orono hereby extends until July 13, 2017, the preliminary plat approval granted by Resolution No. 6520 per preliminary plat drawings by Gronberg and Associates dated 6/23/15. Resolution No. 6520 otherwise remains in effect. Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held July 25, 2016. ATTEST: ____________________________ ______________________________ Diane Tiegs, City Clerk Lili Tod McMillan, Mayor Date Application Received: 7/21/16 Date Application Complete: 7/21/16 Preliminary Plat Approval Expiration Date: 7/27/16 REQUEST FOR COUNCIL ACTION Date: July 21, 2016 Item No. 5 Department Approval: Administrator Approval: Agenda Section: Name: Michael P. Gaffron JML Planning Department Title: Senior Planner Item Description: 15-3749 Paul Cameron, Chamberlain Capital LLC, 185-225 Old Crystal Bay Rd. N. - Preliminary Plat Extension- Resolution Zoning District: RR-1B (2 acres) Property Area: 15.4 acres List of Exhibits: A. Resolution for Extension B. Resolution No. 6528 Granting Preliminary Plat Approval. C. Application Application Summary: Applicant requests an extension of the effective period of a preliminary plat approval. The plat would divide the property into six lots. Background: The applicant has purchased the properties that are the subject of this preliminary plat which was approved via Resolution No. 6528 on July 27, 2015 (see Exhibit A). The original developer, Homestead Partners LLC, is no longer planning to develop the site. The applicant has acquired the development rights and proposes to develop the property per the conditions of the preliminary plat approval as previously adopted. Preliminary plat approval expires July 27, and applicant has been working with staff to finalize the necessary submittals for final plat approval which will be forthcoming shortly. Within the past year there have been no changes to the zoning or subdivision regulations which impact the prior approval. Planning Staff Recommendation Staff recommends approval of a 1-year extension. COUNCIL ACTION REQUESTED Motion to adopt the attached resolution approving extension of the effective period of preliminary plat approval per the conditions of Resolution No. 6528 for one year, with a new expiration date of July 27, 2017. Date Application Received: 06/23/16 Date Application Considered as Complete: 07/07/16 60-Day Review Period Expires: 09/05/16 REQUEST FOR COUNCIL ACTION Date: July 25, 2016 Item No. 6 Department Approval: Administrator Approval: Agenda Section: Name: Melanie Curtis mcc JML Planning Title: Planner Item Description: #16-3849, Able Energy Co., o/b/o Tom Robb, 570 Big Island, Variances - Resolution Application Summary: City Code Section 78-1379 allows roof mounted solar panels on a structure meeting the required setbacks. The applicant is requesting a side yard setback and average lakeshore setback in order to install solar panels on the roof of the existing cabin 1.2 feet from the adjacent City right-of-way and lakeward of the average lakeshore setback line. Planning Commission Recommendation On July 18th the Planning Commission held a public hearing and reviewed the application including the evidence submitted. Following the public hearing the Commission voted 6 to 0 in favor of a motion to approve the variances. Planning Staff Recommendation Staff recommends approval. 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. Proposed Survey Exhibit B. Draft Resolution Exhibit C. PC Action Notice Exhibit D. Draft PC Minutes 07/18/16 Exhibit E. PC Staff Report - 07/14/16 Exhibit F. PC Exhibits NOTICE OF PLANNING COMMISSION ACTION CITY OF ORONO 2750 Kelley Parkway PO Box 66 Crystal Bay, MN 55323 952.249.4620 ZONING FILE: #16-3849 DATE OF NOTICE: 18 July 2016 TO: Able Energy Co. Attn: Sean Barrett 7200 Hudson Blvd N Oakdale, MN 55128 COPIES via email: Sean Barrett Tom Robb TYPE OF REQUEST: Variances DATE OF MEETING: 18 July 2016 The Orono Planning Commission voted on a motion to recommend approval of the variances as requested. VOTE: 6 FOR 0 AGAINST Applicant’s next meeting is tentatively scheduled as: Monday, July 25th This is a City Council meeting. The meeting begins at 7 PM If you desire certified copies of the official Planning Commission minutes, they are available from the City Clerk after review and approval by the Planning Commission. If you have questions, please contact Planning & Zoning Coordinator, Melanie Curtis at mcurtis@ci.orono.mn.us or 952.249.4627. Council Exhibit D MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, July 18, 2016 6:30 o’clock p.m. ____________________________________________________________________________________ Page 1 of 1 6. #16-3849 ABLE ENERGY COMPANY ON BEHALF OF TOM ROBB, 570 BIG ISLAND, VARIANCE, 8:04 P.M. – 8:11 P.M. Tom Robb, Applicant, was present. Curtis stated the applicant is requesting a side yard setback and average lakeshore setback variance in order to install solar panels on the roof of the existing cabin on the property. The existing 1950s cabin on the property is situated as close as 1.2 feet from the west side lot line, which is the undeveloped right -of- way to the lake and 64 feet lakeward of the average lakeshore setback based on the cabin at 560 Big Island. The applicant is proposing to install flush-mounted solar panels on the roof of the existing cabin. City Code allows roof-mounted solar panels on the roof of a structure meeting all the required setbacks. The required setback from a right-of-way on Big Island is 30 feet; therefore, variances are required in addition to the average lakeshore setback variance. Staff finds that due to the code requirement for solar panels and the existing cabin in a nonconforming location, there is not a conforming way for the applicant to install solar panels on the property. Solar panels will not be visually intrusive to the neighboring properties or when viewed from the lake. No public comments have been received to date. Staff recommends approval of the request. Schoenzeit noted it is not expanding the roof area but is putting something on a house in a nonconforming spot. Curtis indicated that is correct. Schoenzeit stated it is an allowed use on a house and it would not be extending over the roof area. Tom Robb, Applicant, stated he is the property owner of 570 Big Island. Robb stated he would like to install the solar panels on the roof of the cabin. Robb stated the reason the cabin is located where it is is because they only owned the one lot at the time it was rebuilt and they acquired the other two lots later on. Robb stated there was a pre-existing cabin in that location that was replaced. Robb stated the solar panels will occupy approximately half of the roof area. Acting Chair Lemke opened the public hearing at 8:10 p.m. There were no public comments related to this application. Acting Chair Lemke closed the public hearing at 8:10 p.m. McGrann moved, Leskinen seconded, to recommend approval of Application No. 16-3849, Able Energy Company on behalf of Tom Robb, 570 Big Island, granting of a side yard setback and average lakeshore setback in order to install solar panels on the roof of the existing cabin, per Staff’s recommendation. VOTE: Ayes 6, Nays 0. Date Application Received: 06/23/16 Date Application Considered as Complete: 07/07/16 60-Day Review Period Expires: 09/05/16 To: Chair Thiesse and Planning Commission Members Jessica Loftus, City Administrator From: Melanie Curtis, Planner mcc Date: 14 July 2016 Subject: #16-3849, Able Energy Co., o/b/o Tom Robb, 570 Big Island, Variances Public Hearing List of Exhibits Exhibit A. Application Exhibit B. Practical Difficulties Form Exhibit C. Proposed Survey/Site Plan Exhibit D. Proposed Plans Exhibit E. Septic Memo Exhibit F. City Code Excerpts Exhibit G. Aerial Photos Exhibit H. Property Owners List Exhibit I. Plat Map Background The existing 1950’s cabin on the property is situated as close as 1.2 feet from the west side lot line (City right-of-way) and 64 feet lakeward of the average lakeshore setback, based on the location of the home on the property to the east at 560 Big Island. The applicant is proposing to install flush mount solar panels on the existing roof of the cabin. City Code Section allows roof mounted solar panels on the roof of a structure meeting the required setbacks. The required setback from a platted right-of-way on Big Island is 30 feet, therefore variances are required. LOT ANALYSIS WORKSHEET Section 78-570 & 78-1279 - Setbacks: RS District Required Existing Proposed Rear 30’ 86’ No change Side Street (ROW) 30’ 1.2’ cabin 0.7’ deck No change East Side* 30’ 93’ No change Lakeshore 75’ 130’ No change Average Lakeshore The existing cabin is 64 feet lakeward of the average lakeshore setback. *Note: the property is 142 feet wide. Application Summary: The applicant is requesting a side yard setback and average lakeshore setback in order to install solar panels on the roof of the existing cabin. Staff Recommendation: Planning Department Staff recommends approval. FILE # 16-3849 14 July 2016 Page 2 of 4 Section 78-570 - Lot Area/Width: RS District Lot Area Lot Width Required 217,800 s.f. (5.0 acres) 200’ Actual 32,729 s.f. (0.75 acre) 133’ @ 75’ / 142’@ OHWL Applicable Regulations: Side Setback Variance (Section 78-570) The RS district requires a 30-foot setback from platted rights-of-way. The existing cabin is set back 1.2’ from the right-of-way and the elevated deck is 0.7’ from the right-of-way. The code permits roof mounted solar panels to be installed on buildings and stipulates that the required structural setbacks must be met. A variance is required. Average Lakeshore Setback Variance (Section 78-1279) The cabin on the property to the east, which determines the average lakeshore setback, is situated approximately 194 feet from the OHWL; the applicant’s cabin is approximately 130 feet from the OHWL. A variance is required. Governing Regulation: Variance (Section 78-123) In reviewing applications for variance, the Planning Commission shall consider the effect of the proposed variance upon the health, safety and welfare of the community, existing and anticipated traffic conditions, light and air, danger of fire, risk to the public safety, and the effect on values of property in the surrounding area. The Planning Commission shall consider recommending approval for variances from the literal provisions of the Zoning Code in instances where their strict enforcement would cause practical difficulties because of circumstances unique to the individual property under consideration, and shall recommend approval only when it is demonstrated that such actions will be in keeping with the spirit and intent of the Orono Zoning Code. Economic considerations alone do not constitute practical difficulties. Practical difficulties also include but are not limited to inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth-sheltered construction as defined in Minn. Stat. § 216C.06, subd. 2, when in harmony with this chapter. The board or the council may not permit as a variance any use that is not permitted under this chapter for property in the zone where the affected person's land is located. The board or council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling. According to MN §462.537 Subd. 6(2) variances shall only be permitted when: 1. The variance is in harmony with the general intent and purpose of the Ordinance. The variances are minimal and generally consistent with the intent of the ordinance. 2. The variance is consistent with the comprehensive plan. The requested variances are consistent with the residential goals within the comprehensive plan. 3. The applicant establishes that there are practical difficulties. a. The property owner proposes to use the property in a reasonable manner not permitted by the official controls; Installation of solar panels on the existing cabin is a reasonable use of the property, the existing setbacks of the cabin necessitate variances. b. There are circumstances unique to the property not created by the landowner; The cabin’s location lakeward of the average lakeshore setback line and within the required 30-foot side setback; the separation between the subject cabin and FILE # 16-3849 14 July 2016 Page 3 of 4 the neighboring cabins; and the existing tree stands combined with the elevation result in a unique circumstance not created by the landowner allowing for the cabin and therefore the solar panels to be almost completely screened from views off the property, and c. The variance will not alter the essential character of the locality. The solar panels will not be visually obtrusive and will screened from views from off of the property adequately by existing vegetation and the topography. Additionally City Code 78-123 provides additional parameters within which a variance may be granted as follows: 4. Practical difficulties also include but are not limited to inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth-sheltered construction as defined in Minn. Stat. § 216C.06, subd. 2, when in harmony with Orono City Code Chapter 78. Orono’s code permits only roof mounted solar panels to be constructed. The roof of the nonconforming cabin is the only place where solar panels are permitted on the property. 5. The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property. The cabin is an existing nonconforming structure and the property contains a large number of mature trees for screening. The topography increases as it moves away from the lake and toward the property at 560 Big Island. The property on the western side of the right-of-way is separated from the applicant’s cabin by approximately 30 feet and sits slightly below the applicant’s cabin. The proposed solar panels will not adversely impact adjacent properties. 6. The conditions do not apply generally to other land or structures in the district in which the land is located. The proposal does not appear to be out of character with the area. 7. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. This criterion appears to be met. 8. The granting of the proposed variance will not in any way impair health, safety, comfort or morals, or in any other respect be contrary to the intent of this chapter. The proposed solar panels on the roof of the cabin will not impair the health, safety, comfort or morals of the public. 9. The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty. This statement is true. The Commission may recommend or Council may impose conditions in granting of variances. Any conditions imposed must be directly related to and must bear a rough proportionality to the impact created by the variance. No variance shall be granted or changed beyond the use permitted in this chapter in the district where such land is located. Septic System Status Please see the attached memo from Orono’s Building Official, Roger Peitso, regarding the septic system (Exhibit E). Practical Difficulties Applicant should be asked to discuss the Practical Difficulties regarding the application. Practical Difficulties Analysis Staff finds that due to the Code requirement for solar panels and the existing cabin on the property in a nonconforming location, there is no conforming way for the applicant to install solar FILE # 16-3849 14 July 2016 Page 4 of 4 panels on the property. The solar panels will not be visually obtrusive to either of the neighboring properties or when viewed from the lake. Public Comments No public comments were received at the time of the drafting of this memo. Issues for Consideration 1. Does the Planning Commission find that that the property owner proposes to use the property in a reasonable manner which is not permitted by an official control? 2. Does the Planning Commission find that the variance (s), if granted, will not alter the essential character of the neighborhood? 3. Does the Commission find it necessary to impose conditions in order to mitigate the impacts created by the granting of the requested variance(s)? 4. Are there any other issues or concerns with this application? Planning Staff Recommendation Planning Staff recommends approval. 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: July 21, 2016 Item No.: 7 ______________________________________________________________________________ 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 - Resolution ______________________________________________________________________________ List of Exhibits A – Resolution - Preliminary Plat & General Concept Plan Approval B – Revised Plans Submitted 7/14/16 C – Draft Council Minutes 7/11/16 Pursuant to Council direction at the July 11 meeting and subsequent review by City Engineer, staff and City Attorney, a preliminary plat approval and general concept plan approval resolution has been finalized and is attached for Council consideration and adoption. Resolution revisions since the July 11 meeting are highlighted in yellow in the Resolution. Significant revisions to note include the following: Pages 4-5-6: The sections regarding Conservation Design, Tree and Woodland Impacts, and Landscaping have been added. Page 7: The Floor Area Ratio (FAR) section has been revised to note that the overall FAR as proposed is acceptable based on submitted conceptual footprints and home designs which will be reviewed for general conformity with the conceptual plans as individual permits are issued. Page 8: After discussion among staff/attorney/engineer, we are recommending the following with regard to streets: a. East-west segment to be platted as private outlot; 28’ width in 40’ corridor; b. North-south segment to platted as public road; 32’ width in 50’ corridor; c. At east end, construct a cul-de-sac rather than a T backup system. The basis for this is that the vast majority of service vehicles such as delivery trucks, garbage trucks, moving vans, etc. will be better served by a cul-de-sac than a T, and that the T likely would only be used on rare occasions by the fire department. There is also a concern that the T would not be maintained to the extent necessary to keep it available at any time and may become an alternate parking area. To accommodate emergency access if main access is blocked, a surmountable emergency-service-only surface to be developed between the cul-de-sac and Wayzata Boulevard. d. Both N-S and E-W street segments to be maintained by HOA (N-S will be subject to a maintenance agreement with City such that City may choose to maintain as public road at some future date depending on future development within landfill area). #16-3822 July 21, 2016 Page 2 of 2 Page 9: Trail easement along north 10 feet of site to be granted, subject to an encroachment agreement noting that while developer and individual owners may do landscaping in the easement, if a future trail is constructed the landscaping improvements may be removed without compensation to developer or owners. Pages 9-10: Method for calculating Storm Water and Drainage Trunk Fee established. Page 10: List of plans updated. Page 12: Documenting requirement for adherence to Conservation Design Master Plan and submittal of a schedule of activities for same, and noting that significant trees are to be preserved where feasible. Page 13: Reiterating as a condition the findings earlier documented regarding road design and maintenance. Page 14: Establishing that a Homeowners Association and covenants are required with regard to maintenance responsibilities, home design, etc. Page 17: Calculation of Storm Water & Drainage Trunk Fee, resulting in a fee of $51,874.00 The Developer has submitted the attached revised drawings (Exhibit B) which reflect the discussion of July 11, but do not take into account the more recent staff recommendation for revision from a ‘T’ to a cul-de-sac at the east end. However, these drawings are sufficient for attachment to the preliminary plat approval resolution, as the resolution indicates that final plans shall show a cul-de-sac rather than the T. Staff Recommendation Staff recommends adoption of the attached resolution. COUNCIL ACTION REQUESTED Review the changes noted above and if satisfactory, adopt or amend the attached resolution entitled A Resolution Approving the General Concept Plan and Granting Preliminary Plat Approval for Property Located at 3245 Wayzata Boulevard West - File No. 16-3822. Page 1 of 19 Draft #3 – 7/21/16 A RESOLUTION APPROVING THE GENERAL CONCEPT PLAN AND GRANTING PRELIMINARY PLAT APPROVAL FOR PROPERTY LOCATED AT 3245 WAYZATA BOULEVARD WEST - FILE NO. 16-3822 WHEREAS, Lakewest, LLC, a Minnesota limited liability company (hereinafter the "Developer") is owner of the property located at 3245 Wayzata Boulevard West within the City of Orono (hereinafter the "City") and legally described as follows: Exhibit A (attached) (hereinafter the "Property"); and WHEREAS, the Developer has requested General Concept Plan and Preliminary Plat Approval for development of the Property. Proposed is a rezoning from RR-1B, One Family Rural Residential District to RPUD Residential Planned Unit Development District for construction of 27 single-family homes; and WHEREAS, the Developer has concurrently requested an amendment of the 2008- 2030 Orono Community Management Plan (“CMP”) to allow said development at a density of approximately 5.5 dwelling units per acre, rather than the 10-15 units per acre for which the Property is guided in the CMP; and WHEREAS, on April 4, 2016 the Developer filed a complete formal application with the City for Comprehensive Plan amendment, rezoning, and concept plan & preliminary plat approval for a 27-lot residential subdivision of the Property; and WHEREAS, after due published and mailed notice in accordance with Minnesota Statutes 462.358 et. seq. and the City of Orono Zoning and Subdivision Codes, the Orono Planning Commission held a public hearing for the application and reviewed it on April 18, 2016, at which time all persons desiring to be heard concerning this application were given the opportunity to speak thereon; and WHEREAS, the Planning Commission on April 18, 2016 recommended on a vote of 4-1 that the Council grant the proposed Comprehensive Plan Amendment; on a vote of 5-0 that the Council approve the rezoning to RPUD Residential Planned Unit Development District; and on a vote of 5-0 that the Council grant general concept plan and preliminary plat approval subject to a number of conditions and recommendations; and Page 2 of 19 WHEREAS, the Orono City Council was given the opportunity to review sketch plans for the Property in regular meetings in September 2014 and January 2016, and has reviewed the formal application at its regular meetings on May 9 and July 11, 2016; and WHEREAS, on June 27, 2016 the City Council adopted Resolution No. 6637 granting preliminary approval for Amendment #5 of the 2008-2030 Community Management Plan, and sid Amendment was forwarded to the Metropolitan Council on June 29, 2016 for review and approval; and WHEREAS, the City Council hereby makes the following findings in regard to this application for RPUD General Concept Plan and Preliminary Plat approval, CMP amendment, and rezoning: FINDINGS A. Community Management Plan Conformity; CMP Amendment 1. This application was reviewed as Zoning File #16-3822. 2. The Property is currently zoned RR-1B One Family Rural Residential Zoning District, requiring a minimum residential lot size of 2.0 acres. The property contains approximately 29 gross acres exclusive of Wayzata Boulevard right-of way, but of which only approximately 5 acres is developable, the remainder consisting of wetlands and a closed landfill. 3. The proposed use of the Property for residential development at a density of 5.5 units per acre is inconsistent with the Orono 2008-2030 CMP guiding of the Property for residential development at a density of 10-15 units per acre. The Developer has applied for an amendment of the CMP to reguide the Property to allow development at a density of 5.5 units per acre. 4. The proposed development is within the area west of Old Crystal Bay Road, south of Wayzata Boulevard and north of Highway 12. This area has been zoned RR-1B, 2-acre minimum lot size (0.5 units/acre) since 1975. In the 2008-2030 CMP the Property was reguided to allow an overall density of 10- 15 units per acre, which likely would only be achievable via a mix of attached townhomes and larger multi-family buildings. The rationale for the density increase at this site was primarily the location sandwiched between two high-traffic roadways; the potential availability of municipal utility services; and the remote location from single family residential development. Page 3 of 19 5. In part the density increase was established to meet Metropolitan Council goals by guiding carefully-selected parcels at densities that would potentially allow for more affordable housing options. Met Council guidelines require an overall new sewered development density of at least 3 units per acre. In order to meet these goals, certain parcels within the Metropolitan Urban Service Area (MUSA) were guided for densities significantly higher than 3 units/acre – to allow those shoreland areas in the MUSA historically zoned and planned for low density, to develop at the 1-acre and 2-acre lot sizes desired by the City. 6. The City Council has reviewed the development proposal with regards to the CMP and finds that it meets a number of goals for housing as established within the Housing element of the CMP, including: - Provides opportunities for housing types, locations, and cost ranges which will meet the needs and provide adequate housing for a broader range of ages, family groups, lifestyle needs and levels of income to the greatest extent practical. - Provides housing types and residential densities consistent with environmental and land use plans and with the availability of public services and facilities. 7. The City Council has granted preliminary approval for the amendment per the findings contained within Resolution No. 6377 adopted June 27, 2016, and it has been forwarded to the Metropolitan Council for review and approval. B. Rezoning from RR-1B to RPUD 8. The Property is located within the Metropolitan Urban Service Area (MUSA) and is intended to be developed using municipal sewer and water. Municipal sewer and water are planned to be extended to serve the property. 9. Because the property is proposed to be reguided in the CMP for single family residential use at a density of 3-7 units per acre, use, the property should be rezoned consistent with the intended and guided use. The most appropriate zoning for the intended use is RPUD, Residential Planned Unit Development District. 10. The property contains approximately 29 gross acres exclusive of Wayzata Boulevard right-of way, but of which only approximately 5 acres is developable, the remainder consisting of wetlands and a closed landfill. The property meets the conditions of Zoning Code Section 78-626(1) for rezoning to RPUD because it exceeds five acres in area. While a small portion of the Property is within the designated Shoreland Overlay District, the Council finds that the RPUD requirement that the property be outside the Shoreland District should be waived since a majority of the area to be developed is not within said District. Page 4 of 19 11. Rezoning the property to RPUD Residential Planned Unit Development is appropriate based on the medium-density residential nature of the proposal, which meets the following general purposes of the RPUD District: a) incorporates flexibility in land development and redevelopment in order to utilize new techniques of building design, construction and land development; b) provides lifecycle housing with the potential to meet affordable and moderate cost housing needs; c) incorporates energy conservation through the clustering of buildings and land uses; d) preserves desirable site characteristics and open space and protects sensitive environmental features, including sensitive wetland areas, while avoiding the portions of the property which are encumbered by a closed landfill; e) provides design compatible with surrounding land uses, including both existing and planned; f) results in a sensitive development in the transitional area located between low- density single family uses to the north and south, taking into account the location between two arterial highway corridors as well as the agriculturally used property to the east guided for future medium-high density residential use; and g) yields development which is consistent with the Comprehensive Plan guiding for higher density than the typical urban and rural residential development in Orono. C. Environmental Considerations; Site Planning & Amenities; Transportation; 12. Conservation Design. Pursuant to the City’s Conservation Design ordinances the Developer has submitted a Conservation Development report prepared by Jacobson Environmental, PLLC dated April 3, 2016 and supplemented April 30, 2016. Key elements of the report include a Natural Resources Inventory of the non-developing portions of the site including review of the MLCCS Land Cover Classification data, wetland delineations (approved by the MCWD), site vegetation review, and outlining of a basic Conservation Design Master Plan. The information was supplemented by the Developer with a detailed tree inventory of the portion of the property being developed, as well as a preliminary stormwater management plan. Page 5 of 19 The Master Plan focuses primarily on the retention and enhancement of buffer areas along the westerly and southerly borders of the non-developing sanitary landfill portion of the site, depicted as Areas A, B and C. Where buckthorn exists, it will be required to be removed. Specific seed mixes are proposed for the buffer areas. Stormwater will be managed by a storm sewer system directing runoff to a filtration basin and ponding area at the west end of the development site, discharging to the existing wetlands. Rate, volume and sediment control are addressed. Direct wetland impacts will be avoided. Wetland buffers are proposed including buffer averaging intended to meet MCWD requirements. Wetland and hydrologic connections will be maintained. 13. Wetlands on Site and/or Impacted. The property contains 2 distinct areas that have been delineated as Preserve wetland. No wetlands are proposed to be impacted. Buffer averaging is proposed subject to MCWD rules and requiring that agency’s approval. The reported MCWD base buffer width requirement is reported as 75 feet, with a minimum of 67 feet. Applicants have proposed a buffer avregae of 71 feet, ranging in actual buffer width of 40 feet adjacent to the north portion of wetland area and 85 feet adjacent to the east and west portions. The proposed buffer plan results in approximately 167,200 s.f. of buffers, slightly over the minimum MCWD requirement of 166,400 s.f. The City code requires a minimum structure setback of 35’ from the wetland boundary, plus 10’ additional where the 35’ setback would be less than 10’ from a MCWD required buffer. The City will require a Conservation and Flowage Easement over the wetlands being preserved. 14. Tree and/or Woodland Impacts. The portion of the site being developed contains a variety of mature tree species including deciduous hardwoods (oak, maple, ash, linden and walnut) as well as white pines, scotch pines and spruce. Approximately 115 trees were inventoried within the anticipated limits of grading, and virtually all inventoried trees are anticipated to be removed as a result of the development. Outside the development area, along the perimeter of the landfill area, a majority of trees are volunteer weed trees consisting mainly of box elder, with buckthorn invading at the southern boundary of the site. The Conservation Design Master Plan calls for removal of the buckthorn from “Area B”, while the hackberry and other tree species will be allowed to remain as a visual and sound barrier from the Highway 12 corridor. Page 6 of 19 15. Landscaping. The proposed landscaping plans (Sheets B15 thru B19) will be evaluated for compliance with the very detailed RPUD landscaping requirements. The preliminary landscape plans (Exhibits B-13 thru B-16) indicate 155 trees will be planted within the development area, to include roughly equal proportions of deciduous, coniferous and ornamental species. Additionally the preliminary plans call for approximately 160 shrubs including lilac, dogwood and nannyberry species. 16. Conformity with Zoning District Standards. In relation to the RPUD standards, there are specific guidelines for detached single family development in Zoning Code Section 78-626(8). The RPUD standards as written for detached single family use do not accommodate the type of smaller, narrow lot style of development that is proposed. However, the concept of a planned unit development process is to allow flexibility in design. Section 78-626(16) provides for flexibility in RPUD standards, as follows: (16) Flexibility. The uniqueness of each RPUD requires that specifications and standards for streets, utilities, public facilities and subdivisions may be subject to modification from the city ordinances ordinarily governing them. The city council may therefore approve streets, utilities, public facilities and land subdivisions which are not in compliance with usual specifications or ordinance requirements, if it finds that strict adherence to such standards or requirements is not required to meet the intent of this section or to protect the health, safety or welfare of the residents of the RPUD, the surrounding area or the city as a whole. This proposed development concept requires a significant departure (flexibility) from the RPUD district lot standards for individual homesites. The table below identifies specific standards which require flexibility, which the City Council finds acceptable: RPUD District Minimum SFR Standard Proposed Lot Standards Flexibility Required? Minimum lot size: 15,000 square feet 4,614 s.f. – 11,928 s.f. Yes Minimum lot width at setback line: 90 feet Varies – Typ. 40’+ Yes Minimum lot depth: 125 feet Varies – most are 90+ Yes Minimum front building setback (to internal streets): 25 feet Varies – 10’-25’ Yes Minimum rear or side setback to Wayzata Boulevard: 50 feet 40 feet typ. Yes Page 7 of 19 Minimum side setback to internal street: 25 feet Lot 9 Bl. 1: 10’ Others OK Yes Minimum side yard setback: 10 feet 5’ for most lots Yes Minimum rear yard setback: Lesser of 40’ or 20% of lot depth Varies widely Yes Wetland building setback: Greater of 35 feet or MCWD buffer plus 10 feet Greater of 35 feet or MCWD buffer plus 10 feet No Building height: Maximum of 30 feet, 2-1/2 stories Depending on topography, some sites will require basements that would be defined as stories, hence there may be some 3-story homes Yes All dwelling units, including manufactured homes, shall have a depth of at least 20 feet for at least 50 percent of their width. All dwelling units, including manufactured homes, shall have a width of at least 20 feet for at least 50 percent of their depth. No 17. Floor Area Ratio (FAR). Zoning Code Section 78-1403 limits Lot Coverage by Structures for lots less than 2 acres in area to 15%. For this development the 15% Lot Coverage limitation shall not be applicable. Per the RPUD standards an individual lot Floor Area Ratio (FAR = gross area of all floors divided by gross lot area) of 0.5.would normally be applicable. Applicants have requested flexibility with regards to the FAR, requesting an average FAR of 0.782 based on the extremely small lot sizes averaging 6,661 s.f. The Council finds that this is acceptable given that the individual lots have been reduced in size by excluding wetland buffer areas from the individual lots. This is further justified by resulting in buffer maintenance to be the responsibility of the Homeowners Association rather than individual lot owners. The average FAR calculation of 0.782 is based on the existing site layout and conceptual building designs and footprints as depicted in the various Plans and Drawings attached as Exhibit B. At the time individual building permits are reviewed, proposed individual site plans shall be reviewed for conformity with the conceptual plans attached. 18. Hardcover. By virtue of the RPUD zoning, per 78-1701(4)(a) the property is assigned to Hardcover Protection Tier 4, which allows up to 50% hardcover of the gross lot area. Only the smallest of the proposed lots would appear to approach that limit. The average hardcover estimated by the applicant is based on a 1,660 s.f. house footprint and 700 s.f. driveway, resulting in a 35% hardcover average. With approximately only 20% of the lots being less than 5,000 s.f., the average overall hardcover maximum of 50% should be achievable. Page 8 of 19 19. Streets. All 27 lots will be served by a new internal road system to be constructed by the developer to City standards, with the east-west segment within a platted private Outlot having a minimum paved road width of 28 feet (back of curb to back of curb). The north-south segment shall be constructed and platted as a public road, paved at a minimum width of 32 feet (back of curb to back of curb) and established to public street standards, in anticipation of possible future multi-family development within the landfill area.. All 27 lots will have driveways accessing the new internal road system, and none shall have direct driveway access to Wayzata Boulevard. The easterly end of the development shall end in a cul-de-sac of standard City dimension. The Developer shall establish a surmountable access for emergency vehicle use only from the cul-de-sac to Wayzata Boulevard. 20. Access to Wayzata Boulevard. Hennepin County has indicated preliminary approval for one access point to Wayzata Boulevard at the westerly end of the site. The preliminary indications are that no additional right-of-way for Wayzata Boulevard will be required, although turn lanes will be required. With the internal road system being privately owned and maintained, the standard City underlying road easements and maintenance covenants will be required. 21. Street Maintenance. The east-west segment platted as a private Outlot shall be permanently maintained by a homeowners association (HOA) to be established by the developer. The north-south segment platted as a public road shall be maintained by the HOA pursuant to a maintenance agreement between the HOA and the City, until such time that the City determines it is appropriate for the city to take over maintenance. 22. Future Road Extensions. The westerly terminus of the north-south road ending at a parking area with back-up apron has the potential to be extended to serve future development. To avoid future neighborhood confusion, barriers and signage shall be established indicating the road potentially will be extended in the future. 23. Easements Required. Standard perimeter drainage and utility easements around all property boundaries as well as conservation and flowage easements over the delineated wetlands will be required. Drainage easements will also be required over all stormwater management facilities. 24. Lighting. Internal street lighting should be at a low level consistent with the surrounding rural residential character while providing the necessary level of Page 9 of 19 security, and will be maintained by the homeowners association. Private street lighting will be provided by the developer, then maintained through standard agreement between the homeowners association and the appropriate public utility company. 25. 10% Private Park RPUD Requirement. The private recreation area of ‘10% of the platted property’ required under the RPUD standards will be satisfied via a neighborhood park near the west end of the development, plus a trail system throughout the perimeter of the landfill area as shown in the attached Trail Plan. 26. Park and Trail Dedication. There are no identifiable public parkland needs at this location. However, development of the proposed housing will generate additional use of existing City park facilities in the area. The Council finds that no park lands need to be dedicated and the park dedication should be in the form of a Cash Contribution in Lieu of Lands as allowed by the Municipal Code. Additionally, the Council finds that although no public trails along the property boundaries are planned, it would be prudent to obtain a trail easement over the northerly 10 feet of the property for potential future trail use, such easement to coincide with the required 10’ drainage and utility easement in that same location. The developer and/or individual property owners shall be allowed to landscape the trail easement area subject to execution by the Developer of an Encroachment Agreement establishing that if a future trail is constructed, the landscaping may be removed to accommodate such trail with no compensation to the property owners. 27. Stormwater Management. Stormwater management is proposed to be provided by a stormwater pond area at the west end of the site, which will ultimately discharge to the major wetland on the site. The stormwater facilities will be subject to standard drainage easements. In addition to the City of Orono, the Minnehaha Creek Watershed District have approval authority over the applicants’ stormwater management plan. Final stormwater plans will be subject to the recommendations and approval of the City Engineer. 28. Stormwater and Drainage Improvements & Fees. The property will be subject to the Stormwater and Drainage Trunk Fee. Recent Council action to revise the Trunk Fee provisions would result in a fee (for development at greater than 4.0 units per acre) of $8,490 per acre (2016 Fee Schedule), based on non-wetland acreage. The area of the landfill shall not be included in the acreage charged. The acreage charge shall be calculated based on the area of individual platted lots plus Page 10 of 19 the area of roads (Outlots C & D) and private park (Outlot B) and to be consistent with the provisions of the City ordinance, shall include wetland buffer areas adjacent to the individual lots. 29. Utility Locations/Availability/Assessments/Connection Fees. Municipal sewer and water utilities are planned to be extended westward from the intersection of Old Crystal Bay Road and Wayzata Boulevard in 2017 to serve development at this site and properties further east. The property has not been previously assessed for sewer and water, Sewer and water connection charges (“local SAC and WAC”) have been preliminarily determined based on the estimated costs of construction of the extensions and apportioned between the three properties expected for future development. Preliminary connection charges for the applicants’ site are estimated at $307,878 for municipal water and $220,567 for municipal sanitary sewer. 30. The applicant has provided General Concept Plans and Preliminary Plat Drawings attached to this Resolution as Exhibits B-1 through B-22 including: B1 - Plan Sheet 1 of 12 – Cover Sheet dated 07-18-2016 B2 - Plan Sheet 2 of 12 – Existing Conditions dated 07-18-2016 B3 - Plan Sheet 3 of 12 – Preliminary Plat dated 07-18-2016 B4 - Plan Sheet 4 of 12 – Preliminary Plat (enlarged) dated 07-18-2016 B5 - Plan Sheet 5 of 12 – Preliminary Sewer & Water Main Plan dated 07-18-2016 B6 - Plan Sheet 6 of 12 – Preliminary Street & Storm Sewer Plan dated 07-18-2016 B7 - Plan Sheet 7 of 12 – Preliminary Grading Plan dated 07-18-2016 B8 - Plan Sheet 8 of 12 – Preliminary SWPPP dated 07-18-2016 B9 - Plan Sheet 9 of 12 – Preliminary Tree Inventory Plan dated 07-18-2016 B10 - Plan Sheet 10 of 12 – Details dated 07-18-2016 B11 - Plan Sheet 11 of 12 – Details dated 07-18-2016 B12 - Plan Sheet 12 of 12 – Details dated 07-18-2016 B13 - Planting Plan L-1 – Trees (undated) B14 - Planting Plan L-2 – Shrubs (undated) B15 - Planting Plan L-3 – Cross Section & Details (undated) B16 - Planting Plan – Aerial (undated) B17 - Streetscape B18 - Home Layouts B19 - House Plan A Elev & Floor Plans B20 - House Plan B Elev & Floor Plans B21 - House Plan C Elev & Floor Plans B22 - Trail Plan dated 03-23-2016 Page 11 of 19 Council finds that the plans submitted are generally sufficient to indicate the intent of the developer and the potential impacts of the project. 31. City Engineer Comments. The City’s consulting engineer has provided comments and recommendations regarding all aspects of the development plans, in a letter dated April 11, 2016. Those comments are attached hereto as Exhibit C. General Development Plans and Final Plat approvals will be reviewed for conformity with these recommendations. 32. The City Council finds that the development of this property must set a high standard for the quality, character, context and compatibility of development desired by the City for medium density development in Orono. The Council finds that the proposed comprehensive plan reguiding, rezoning and proposed development of the property for medium density single-family residential use is appropriate for the property, will not have negative impacts on the surrounding properties when all Concept Plan Approval conditions are met, and is in keeping with the goals, policies and philosophies of the City. CONCLUSIONS, ORDER AND CONDITIONS NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Orono hereby approves the General Concept Plan and Preliminary Plat for development of the property at 3245 Wayzata Boulevard West subject to the following declarations and conditions: 1. This approval is subject to the prior approval by the Metropolitan Council of the proposed Comprehensive Plan Amendment to reguide the property from High Density Residential (10-15 units per acre) to Medium Density Residential (3-7 units per acre), and this approval shall not take effect until such time that Metropolitan Council approval is granted. 2. The City of Orono will approve rezoning of the property to RPUD as described herein upon City Council finding of satisfactory completion of the Conditions for Development Plan approval. 3. Conditions for Development Plan Approval are as follows: Page 12 of 19 A. RPUD Development Standards and General Conditions. 1) The total number of residential dwelling units shall be 27 single-family homes generally as configured on the preliminary site plan attached as Exhibits B3 and B4. 2) Developer shall provide a final Development Plan for the development that conforms to all standards of the RPUD District except as modified herein, and shall demonstrate to the satisfaction of the City Council that all RPUD standards have been met and shall demonstrate where such standards have not been met, and shall satisfy the City Council that non-compliance with said standards is remedied in a manner acceptable to the Council. 3) Developer shall provide a final landscaping plan meeting all of the requirements of the RPUD District and addressing the elements of Conservation Design to the satisfaction of the City Council. Final landscaping plans will be reviewed for conformity with the RPUD standards. 5) Street lighting if proposed shall be provided by the Developer and shall be of a style, number, height and location approved by the City Council. Street lighting shall be downcast, fully shielded and at a low level consistent with the surrounding rural residential character while providing the necessary level of security. 6) Building footprints and styling shall be generally per the examples included in the attached Exhibit B-18 thru B-21. Developer shall make every attempt to ensure that identical dwelling units are not placed side-by-side. 7) Flexibility shall being granted for the lot area, width and setback standards of the RPUD District and with regards to hardcover and FAR as noted in the Findings section above. 9) Development shall be subject to adherence to a Conservation Design Master Plan schedule of activities which shall be submitted for approval prior to final plat approval. 10) Significant trees shall be preserved where feasible based on the grading plans, and landscaping plans to be in accordance with RPUD standards. Page 13 of 19 11) Applicant to confirm with SHPO that that there are no archaeological sites within the property. 12) Applicant shall dedicate an easement for potential future public trail purposes over the northerly 10 feet of the property. B. Transportation 1) The new internal roads serving the development shall be constructed by the developer to City standards. All 27 lots shall have driveways accessing the new internal road system, and none shall have direct driveway access to Wayzata Boulevard. The east-west segment shall be platted as a private Outlot having a corridor width of 40 feet and a minimum paved road width of 28 feet (back of curb to back of curb). The north-south segment shall be constructed and platted as a public road having a corridor width of 50 feet and paved at a minimum width of 32 feet (back of curb to back of curb), in anticipation of possible future multi-family development within the landfill area. The easterly end of the development shall end in a cul-de-sac of standard City dimension. The Developer shall establish a surmountable access for emergency vehicle use only, from the cul-de-sac to Wayzata Boulevard. Future road maintenance shall be as indicated in the findings section of this resolution. 2) Concrete curb & gutter will be required. Individual driveway approaches within the private right-of-way shall be of concrete. 3) All curve radii shall be reviewed to ensure that moving vans, garbage trucks, firetrucks, etc. are accommodated. The Long Lake Fire Department shall review the interior road system, and any revisions required for fire-protection purposes shall be made by the Developer subject to City approval. 4) Appropriate traffic control signage within and pertinent to the site shall be installed by the Developer subject to the City Engineer's review and approval. C. Utilities; Stormwater Management 1) Sewer and water mains shall be installed by the Developer per the Preliminary Sanitary Sewer and Water Main Plan attached hereto as Exhibit B-6, subject Page 14 of 19 to the modifications noted in the City Engineer’s comments in Exhibit C. 2) The City will own and maintain the sanitary sewer and water mains within the development. The City will inspect these systems during their construction to ensure proper installation. Drainage and Utility Easements shall be granted to the City of Orono over all sewer and water main lines and facilities that are not within dedicated public rights-of-way in order to facilitate future system maintenance. 3) The Developer shall install stormwater management facilities generally as shown on the various attached plans. Developer shall provide suitable evidence of Minnehaha Creek Watershed District (MCWD) approval of the stormwater management plan before Development Plan and Final Plat Approval will be granted. The Developer shall provide sufficient drainage and utility easements as necessary to allow for future City maintenance access for stormwater management facilities. The stormwater drainage facilities will be maintained by the Homeowners Association. D. Wetland Impacts 1) Applicant shall demonstrate to the satisfaction of the City Council that all requirements of the Minnehaha Creek Watershed District as administrator of the WCA regulations on Orono’s behalf, are complied with. E. Grading, Erosion Control 1) Erosion control shall adhere to "Best Management Practices for Protecting Water Quality in Urban Areas" and to the approved SWPPP. All erosion controls as required by the City and the MCWD shall be in place prior to commencing excavation on the site. All such erosion control measures shall be maintained in working order until the site is revegetated. 2) The construction limits shall be clearly marked with adequate fencing to prevent any construction damage or disturbance of any trees and vegetation outside of the construction limits area. Developer shall identify trees to be preserved on site, shall mark them on a site plan, and shall take extraordinary measures such as fencing, signage, etc. to ensure they are not disturbed. Page 15 of 19 F. Other General Conditions. 1) Monument signs may be provided by the developer at the entrance to the RPUD development site. The signage shall be limited to a development name and/or logo on the monument signs. Final design/materials of monument signage shall be provided as part of the final development plan submittals and shall be subject to approval by the City Council. 5) The applicable general engineering comments and or conditions provided by City Engineer Robert Bean dated April 11, 2016 in relation to the Concept Plan review and attached hereto as Exhibit C shall be suitably addressed by applicant in the development plan submittal. 3) Developer shall create a Homeowners Association (HOA) and covenants establishing development design standards as well as responsibilities for maintenance of roads, common spaces, stormwater facilities, etc. Developer shall provide proposed covenants and documents describing the structure, rights and responsibilities of the HOA for review by City Attorney. G. Plans and Specifications. The following plans and specifications shall be submitted for review and approval by the City and other appropriate jurisdictions: 1) Final plans and specifications for all proposed utility lines and services, including any proposed revisions to existing service facilities. Proposed plans shall be provided to the City for final review and approval with the Final Plan set. The Public Works Department and any other pertinent reviewing agencies shall review and approve all utility improvements. Final sanitary sewer and watermain plans shall be provided and are subject to approval by the Public Works Department and City Engineer. 2) Final Street and Storm Sewer Plans. 3) Final Grading, Drainage and Erosion Control Plan and SWPPP showing existing and proposed contours, building locations, elevations, stormwater facilities and calculations, utilities and erosion control measures to be used during construction. General Development Plan Approval will not be granted until the Minnehaha Creek Watershed District has approved the stormwater plans. Page 16 of 19 4) Final Landscaping Plan with planting schedules including numbers and species, in accordance with the landscaping requirements of the RPUD zoning district, and the recommendations contained within the Conservation Design Master Plan. 5) Detailed monument signage and street lighting plans if any. 6) Any additional plans and specifications deemed necessary by the City as review progresses. H. Platting Process. Applicant shall complete all requirements for Final Plat Approval as follows. The following list of final submittals must be submitted to the Zoning Administrator 2 weeks prior to the regularly scheduled Council meeting on the second and fourth Mondays of the month. These submittals are as follows: 1. Record plat drawings in the form of two (3) mylar copies (one copy for the City's records and one for filing with Hennepin County) and one (1) copy reduced to 1" = 200'. Drawing to include: A. Lot lines platted per preliminary plat survey/drawing by Campion Engineering Services dated ____________ attached hereto as Exhibit B3 & B4, except as modified herein. B. Dedication of "drainage and utility easements" 10' along exterior property lines and 5' along the interior property lines.. C. Dedication of areas shown as wetlands. D. Dedication of “Drainage Easements” over all drainageways E. Naming of plat. 2. Legal documents required: A. Title opinion addressed to the City or a title insurance policy in favor of the City. All owners, mortgage holders or others with property interest indicated therein shall sign the plat and all other documents affected by such interest. B. The applicant must provide certified copies of all recorded easements currently affecting the property. Page 17 of 19 C. Signed Conservation and Flowage Easement to be granted over all delineated wetlands on the plat. D. Signed Developers Agreement and Letter of Credit for construction of improvements. The City Engineer shall establish the amount to be provided in the Letter of Credit. E. Signed Trail Easement over the northerly 10 feet of the property. 3. Final plat approval fee to be paid: Total due: $ 700.00 I. Development Agreement. Development Approval is contingent upon the successful execution of a Development Agreement between the applicant and the City. Such Agreement shall address all specific City requirements for the development. J. Financial Guarantee. The Development Agreement shall include a financial guarantee by the applicant to ensure the completion of site improvements. The City Engineer shall complete an estimate of improvement costs, including but not limited to public and private streets, curb & gutter, sidewalks, storm sewers, landscaping, grading, erosion control, utilities, driveways and parking areas, trails, sidewalks, retaining walls and stormwater management facility construction, and the applicant shall provide to the City a financial guarantee of 150% of the improvement costs. K. Storm Water and Drainage Trunk Fee. The property will be subject to the Stormwater and Drainage Trunk Fee, due at the time of final plat approval. The Trunk Fee provisions result in a fee for development at 4.0 units per acre or greater of $8,490 per acre (2016 Fee Schedule), based on non-wetland acreage. The acreage calculation for Trunk Fee purposes is calculated as follows: Area within individual lots: 177,600 s.f. Area within play area Outlot B: 8,583 s.f. Area within road Outlot C: 21,495 s.f. Area within road Outlot D: 30,617 s.f. Area within wetland buffer adj. to Block 2: 28,000 s.f. Total calculable area: 266,295 s.f. = 6.11 ac. Trunk Fee: 6.11 acres x $8,490/acre = $51,874.00. Page 18 of 19 L. Park Dedication The City Code requires dedication of 8% of the land as public park, or payment of the equivalent value in cash. The City Council has determined there is no need for dedication of land from the proposed development. Therefore, payment of the standard Park Dedication fee for 27 new building lots will be required; the current fee ranges from a minimum of $3,250 and a maximum of $5,550 per lot, for a potential total fee of $87,750 to $149,850.* The Park Dedication Fee is due at the time of final plat approval. * As of the date of this writing, the City Assessor has not established a fair market value for the property pre-development. The figures shown reflect the minimum and maximum potential amount of the Park Fee. M. Sewer and Water Connection Charges. Municipal sewer and water utilities are planned to be extended in 2017 to serve development at this site and properties further east. Based on the estimated costs of construction of the extensions and apportioned between the three properties expected for future development, preliminary connection charges for the applicants’ site are estimated at $307,878 for municipal water and $220,567 for municipal sanitary sewer. These amounts will be due and payable at the time of final plat approval. 4. This General Concept Plan and Preliminary Plat approval is based upon the known issues that may affect this project, but this approval does not limit the City from revising or amending these conditions as the review process continues. 5. This General Concept Plan Approval resolution approves the development concept subject to the applicant meeting the requirements of this resolution and all other requirements of the City. This resolution does not constitute approval of the rezoning. Such approval shall only be considered when the City Council finds that all “Conditions for Development Plan Approval” as identified herein have been met. 6. This General Concept Plan Approval shall be effective until ________________, 2017 per the provisions of Zoning Code Section 78-628. If General Development Plan and Final Plat Approval is not granted by that date, the terms and conditions of this resolution shall be null and void. The City Council at its sole discretion may extend this effective period. Page 19 of 19 Adopted by the Orono City Council on this _____ day of ____________, 2016. ATTEST: _________________________________ Lili Tod McMillan, Mayor ____________________________________ Diane Tiegs, City Clerk ____________________________________ Applicant (for Lakewest LLC) STATE OF MINNESOTA } } ss. COUNTY OF ___________ ) The foregoing instrument was acknowledged before me this ____ day of __________, 2016, by __________________________, the _________________ of Lakewest LLC, a Minnesota limited liability company, on behalf of the limited liability company. ____________________________________ Notary Public WAYZATA BLVD U.S . H I G H W A Y N O . 1 2 15-039 03/23/2016 EISINGER MEADOWS LAKE WEST, LLC ORONO, MN N CAMPION ENGINEERING SERVICES, INC. Civil Engineering Land Planning PROJECT DIRECTORY GOVERNING SPECIFICATIONS: 1 12 COVER SHEET WAYZATA BLVD U. S . H I G H W A Y N O . 1 2 15-039 03/23/2016 EISINGER MEADOWS LAKE WEST, LLC ORONO, MN N CAMPION ENGINEERING SERVICES, INC. Civil Engineering Land Planning LEGEND 2 12 EXISTING CONDITIONS WAYZATA BLVD U. S . H I G H W A Y N O . 1 2 15-039 03/23/2016 EISINGER MEADOWS LAKE WEST, LLC ORONO, MN N CAMPION ENGINEERING SERVICES, INC. Civil Engineering Land Planning LEGEND 3 12 PRELIMINARY PLAT WAYZATA BLVD 15-039 03/23/2016 EISINGER MEADOWS LAKE WEST, LLC ORONO, MN N CAMPION ENGINEERING SERVICES, INC. Civil Engineering Land Planning LEGEND 4 12 PRELIMINARY PLAT WAYZATA BLVD 15-039 03/23/2016 EISINGER MEADOWS LAKE WEST, LLC ORONO, MN N CAMPION ENGINEERING SERVICES, INC. Civil Engineering Land Planning LEGEND 5 12 PRELIMINARY SANITARY SEWER & WATERMAIN PLAN WAYZATA BLVD 15-039 03/23/2016 EISINGER MEADOWS LAKE WEST, LLC ORONO, MN N CAMPION ENGINEERING SERVICES, INC. Civil Engineering Land Planning 6 12 PRELIMINARY STREET & STORM SEWER PLAN LEGEND OUTLET CONTROL STRUCTURE WAYZATA BLVD 15-039 03/23/2016 EISINGER MEADOWS LAKE WEST, LLC ORONO, MN N CAMPION ENGINEERING SERVICES, INC. Civil Engineering Land Planning 7 12 PRELIMINARY GRADING PLAN LEGEND ³´ ´ ´´ ´´ ´ ´ WAYZATA BLVD 15-039 03/23/2016 EISINGER MEADOWS LAKE WEST, LLC ORONO, MN N CAMPION ENGINEERING SERVICES, INC. Civil Engineering Land Planning 8 12 PRELIMINARY STORM WATER POLLUTION PREVENTION PLAN LEGEND WAYZATA BLVD 15-039 03/23/2016 EISINGER MEADOWS LAKE WEST, LLC ORONO, MN N CAMPION ENGINEERING SERVICES, INC. Civil Engineering Land Planning 9 12 PRELIMINARY TREE INVENTORY PLAN 15-039 03/23/2016 EISINGER MEADOWS LAKE WEST, LLC ORONO, MN N CAMPION ENGINEERING SERVICES, INC. Civil Engineering Land Planning 10 12 DETAILS 15-039 03/23/2016 EISINGER MEADOWS LAKE WEST, LLC ORONO, MN N CAMPION ENGINEERING SERVICES, INC. Civil Engineering Land Planning 11 12 DETAILS 15-039 03/23/2016 EISINGER MEADOWS LAKE WEST, LLC ORONO, MN N CAMPION ENGINEERING SERVICES, INC. Civil Engineering Land Planning 12 12 DETAILS Date Application Received: 06/23/16 Date Application Considered as Complete: 07/06/16 60-Day Review Period Expires: 09/04/16 REQUEST FOR COUNCIL ACTION Date: July 25, 2016 Item No. 8 __________________________________________________________________________________________ Department Approval: Administrator Approval: Agenda Section: Name: Melanie Curtis mcc JML Planning Title: Planner Item Description: Planned Unit Development Sign Permit #2016-00769, Kotteman Orthodontics, 2765 Kelley Parkway Application Summary: Kotteman Orthodontics has requested a sign permit to install a wall sign on the northwest wall of the Orono Professional Properties building. The proposed sign will be in addition to the existing 12’ 8” monument sign and 8’ x 6’ Orono Dental wall sign approved in 2004. The Development Agreement provides that minor amendments to the approved plan may be referred to the Development Review Committee, which consists of the Community Development Director and the two Planners. Because this is a newly proposed sign, which was not included within the original PUD agreement, Council review is required. The permit application is for a 36.8 square foot (4’ x 9’) internally illuminated wall sign. The applicant has submitted a color rendering for review. This proposed wall sign, in addition to the existing site signage, will total less than the maximum sign square footage for the B-6 District, which is based on the property frontage which permits up to 900 square feet of signage. Planning Staff Recommendation: Staff recommends approval of the Signage Plan amendment. Staff further requests authorization to approve future modifications to the sign plan. Council Action: Council should consider one of the following options: 1. Approve the sign permit as proposed, and authorize Development Review Committee to approve future sign amendments provided they are consistent with the provisions of Section 78-1468 regarding B-1 requirements which are applied to B-6 properties. 2. Deny application (give reasons). List of Exhibits: Exhibit A. Proposed Sign Plan & Site Sign Inventory Exhibit B. Sign Permit Application Exhibit C. City Code Sections THE COLORS SHOWN IN THIS DRAWING ARE FOR ILLUSTRATION PURPOSES ONLY AND MAY NOT BE A TRUE REPRESENTATION OF ACTUAL COLORS -THE ELEVATION SHOWN IN THIS DRAWING ARE FOR ILLUSTRATION PURPOSES ONLY AND MAY NOT BE A TRUE REPRESENTATION OF ACTUAL SIZES 325 MINNESOTA AVE. N. P.O. BOX 357 ORONOCO, MN 55960 PHONE / 507-367 -2631 FAX / 507-367-2633 1610 E. CLIFF RD. BURNSVILLE, MN 55337 PHONE / 952-894-2421 FAX / 952-894-2748 THIS DRAWING IS THE PROPERTY OF These drawings are the exclusive property of Schad Tracy Signs. They represent chargeable time spent. They are submitted for your personal use under the agreement that the use of this design in its entirety or any part will not be reproduced, copied, lent or used for any purpose without written consent from Schad Tracy Signs. Client: 07-20 CORRECTED CABINET DIM. NA NA NA NA NA 00-00 00-00 00-00 00-00 00-00 THIS IS AN ORIGINAL DRAWING PROVIDED AS PART OF A PLANNED PROJECT AND IS NOT TO BE EXHIBITED COPIED OR REPRODUCED WITHOUT THE WRITTEN PERMISSION OF SCHAD TRACY SIGNS OR IT’S AUTHORIZED AGENTS. ALL RIGHTS RESERVED. Date: Drawing Number: Sales Person: Scale: D E N T A L C A R E Page 1 Council Exhibit C Sec. 78-1468. - Signs in B and I districts. Within the B and I districts, wall and monument signs are permitted subject to the following regulations: (1) B-1, B-2 and B-4: size. Within the B-1, B-2 and B-4 districts, the aggregate square footage of sign space per lot shall not exceed the sum of one square foot for each front foot of building, plus one square foot for each front foot of lot not occupied by a building. No individual sign shall exceed 50 square feet. (2) B-3: size. Within the B-3 district, the aggregate square footage of sign space per lot shall not exceed the sum of four square feet per front foot of building, plus one square foot per front foot of property not occupied by a building. No individual sign surface shall exceed 100 square feet . (3) I: Within the I District, signs shall be permitted according to the regulations in section 78-832. (4) B-1, B-2 and B-4: height. Within the B-1, B-2 and B-4 districts, no sign shall extend in height more than two feet above the highest outside wall or parapet of any principal building, nor shall any sign be located closer than ten feet from any property line; except that any sign over ten square feet may project two feet into any required yard area from the principal building. (5) B-3 and I: height. Within any B-3 or I district, no sign shall extend in height more than six feet in height above the highest outside wall or parapet of any principal building. No sign shall be located closer than ten feet from any property line, except that any sign exce eding ten square feet may project only two feet into the yard area from any building. (Code 1984, § 10.61(3); Ord. No. 6 3rd series, § 2, 4-26-2004; Ord. No. 32 3rd series, § 5, 3-27- 2006) REQUEST FOR COUNCIL ACTION Date: July 25, 2016 Item No. 9 Department Approval: Administrator Approval: Agenda Section: Name: Ron Olson – RJO JML City Administrator’s Title: Finance Director Report Item Description: 2nd Quarter Financial Report Attachments: 1. Revenue Summary 2. Revenue Detail 3. Revenue Graph 4. Expenditure Summary 5. Expenditure Detail 6. Expenditure Comparison 2015-2016 7. Investments The second quarter General Fund summaries are included with this memo. They are as of the end of June which represents 50% of the year. Revenues are at 61.0% of budget with expenditures at 49.6% of budget. The revenue totals are the actual amounts collected through 6/30/16. Expenditures amounts are based on payments through 7/15/16 with adjustments made for expenditures identified as have a material impact on the report. General Fund Revenues Property taxes at 53.0% of the budget are the primary revenue source for the General Fund. With the addition of delinquent collections, the property tax category is currently at 50.1%. It is expected that property tax revenue will be at 100% of budget at year end. Licenses and Permits are at 46.3%. Typically building permit revenue is higher during the 2nd half of the year and it is expected that this line item will be at 100% at year’s end. Charges for services are at 83.2% of budget. Part of the explanation for this is that we have received 100% of the Mound service contract revenues for the year. Construction related line items (Plan Check and Conditional Use- Varience) are trending over budget and the category as a whole will finish the year over 100% of budget. Other Governmental revenue is only at 9.6% of budget, however the police State Aid and Police Training Reimbursements are not received until November. Once the payments are received, this category should be at 100% for the year. These four categories represent 95% of the revenue budget. Their performance through the first half of the year should result in the overall revenue budget being at 100% at the end of the year. Page 2 General Fund Expenditures At 49.55%, the overall expenditure amounts are right on target for the year. The Mayor and Council department is currently at 55.7%. This is due to the timing of membership payments and the department will finish the year on budget. Law and Legal services are at 54.2% of budget. The two line items in this department that are trending over budget are prosecution services and jail charges. In the prosecution line, the City has had to use a conflict prosecutor more than in past years. Jail charges can vary from year to year based on arrest activity. This year the charges are on pace to be 50% higher than any of the previous three years. Fire protection is currently at 53.4%. However, the City of Wayzata contract has been paid in full for the year. This line will be on budget at the end of the year. The Golf Course is also over 50% of budget at this point in the year. One reason for this is higher than budgeted resale items which will be offset by higher than budget sales. Another reason is the continued improvements to the clubhouse. The other General Fund department budgets are in good shape for this time of the year. The overall expenditure budget is forecast to end the year at 100% or less. Investments The second quarter investment listing is included for your review. The current investments total $17,308,805. Total interest earned through June is $100,673 compared to $82,270 for the same period in 2015. With England voting to leave the European Union, interest rates dropped significantly at the end of June. As a result the City had a number of investments earning 2% that were called. These funds are being reinvested, but at a much lower rate. Summary Overall the General Fund budget is in good shape through the end of June. Both revenues and expenditures are trending to be on budget at the end of the year. It is likely that 2016 will continue the recent trend of positive budget variances. However, this year’s varience will be much smaller than the last few years. Attachment 1 - Revenue Summary Source June 30 Budget Balance Percent Taxes 2,013,356 4,016,500 2,003,144 50.13% Licenses & Permits 217,264 469,650 252,386 46.26% Other Governmental 21,850 227,220 205,370 9.62% Charges for Service 2,243,880 2,696,300 452,420 83.22% Fines 36,215 95,500 59,285 37.92% Miscellaneous 120 1,500 1,380 8.00% Golf Course 91,928 138,000 46,072 66.61% Interest 207 35,000 34,793 0.59% Other Sources & Transfers 74,608 28,900 (45,708) 258.16% 4,699,428 7,708,570 3,009,142 60.96% City of Orono Revenue Summary with Comparison to Budget For the 6 Months Ending June 30, 2016 2016 CITY OF ORONO REVENUES WITH COMPARISON TO BUDGET FOR THE 6 MONTHS ENDING JUNE 30, 2016 GENERAL FUND PERIOD JUNE 30, 2016 BUDGET UNEARNED PCNT FOR ADMINISTRATION USE ONLY 50 % OF THE FISCAL YEAR HAS ELAPSED 07/21/2016 09:18AM PAGE: 1 TAXES 101-31010 CURRENT AD VALOREM TAXES .00 .00 4,016,500.00 4,016,500.00 .0 101-31020 DELINQUENT AD VALOREM TAXES .00 .00 .00 .00 .0 101-31040 FISCAL DISPARITIES .00 .00 .00 .00 .0 101-31050 PERSONAL PROPERTY TAX .00 .00 .00 .00 .0 101-31060 FORFIETED TAX SALE APPORTIONMT .00 .00 .00 .00 .0 101-31070 RENT CREDIT .00 .00 .00 .00 .0 101-31900 PENALTIES AND INTEREST-TAXES .00 .00 .00 .00 .0 TOTAL TAXES .00 .00 4,016,500.00 4,016,500.00 .0 LICENSES & PERMITS 101-32100 BUSINESS LICENSES .00 .00 .00 .00 .0 101-32110 BEER & LIQUOR LICENSES .00 .00 7,000.00 7,000.00 .0 101-32120 CIGARETTE LICENSES 125.00 125.00 400.00 275.00 31.3 101-32130 COMMERCIAL DOCK LICENSES .00 .00 .00 .00 .0 101-32140 SET UP LICENSES .00 .00 .00 .00 .0 101-32150 SEPTIC LICENSES .00 .00 .00 .00 .0 101-32170 GARBAGE HAULERS LICENSES 1,080.00 1,080.00 1,100.00 20.00 98.2 101-32180 OTHER BUSINESS LICENSE/PERMIT 3,537.00 3,537.00 5,400.00 1,863.00 65.5 101-32240 DOG LICENSES 462.00 462.00 4,000.00 3,538.00 11.6 101-32510 BUILDING PERMITS 166,581.47 166,581.47 375,000.00 208,418.53 44.4 101-32520 ZONING PERMIT 978.77 978.77 1,750.00 771.23 55.9 101-32530 MECHANICAL/SEPTIC/OTHER 28,173.08 28,173.08 50,000.00 21,826.92 56.4 101-32590 PLUMBING PERMIT 16,326.39 16,326.39 25,000.00 8,673.61 65.3 TOTAL LICENSES & PERMITS 217,263.71 217,263.71 469,650.00 252,386.29 46.3 OTHER GOVERNMENTS 101-33220 FEDERAL GRANT-EMRGNCY PREP .00 .00 .00 .00 .0 101-33390 FEDERAL GRANT-OTHER .00 .00 .00 .00 .0 101-33410 HACA AID .00 .00 .00 .00 .0 101-33415 MARKET VALUE CREDIT .00 .00 .00 .00 .0 101-33420 POLICE STATE AID .00 .00 200,000.00 200,000.00 .0 101-33430 POLICE TRAINING REIMBURSEMENT .00 .00 10,000.00 10,000.00 .0 101-33440 MUNICIPAL STATE AID-STREETS .00 .00 .00 .00 .0 101-33450 LOCAL GOVERNMENT AID .00 .00 .00 .00 .0 101-33460 PERA STATE AID .00 .00 7,220.00 7,220.00 .0 101-33490 STATE GRANT-OTHER 5,183.52 5,183.52 10,000.00 4,816.48 51.8 101-33610 COUNTY GRANT-RECYCLING .00 .00 .00 .00 .0 101-33800 OTHER GRANTS/AIDS 16,666.00 16,666.00 .00 ( 16,666.00).0 101-33890 GRANTS/AIDS FROM OTHER GOVTS .00 .00 .00 .00 .0 TOTAL OTHER GOVERNMENTS 21,849.52 21,849.52 227,220.00 205,370.48 9.6 CITY OF ORONO REVENUES WITH COMPARISON TO BUDGET FOR THE 6 MONTHS ENDING JUNE 30, 2016 GENERAL FUND PERIOD JUNE 30, 2016 BUDGET UNEARNED PCNT FOR ADMINISTRATION USE ONLY 50 % OF THE FISCAL YEAR HAS ELAPSED 07/21/2016 09:18AM PAGE: 2 CHARGES FOR SERVICES 101-34200 ADMINISTRATIVE CHARGES FOR SVC 42,650.00 42,650.00 80,000.00 37,350.00 53.3 101-34210 GENERAL TAXABLE SALES/SERVICE 461.53 461.53 1,000.00 538.47 46.2 101-34220 ASSESSMENTS SEARCHES 240.00 240.00 300.00 60.00 80.0 101-34230 FILING FEES-ELECTIONS/PLATS 7,240.00 7,240.00 4,000.00 ( 3,240.00)181.0 101-34410 PLAN CHECK/SITE EXAM FEES 120,897.70 120,897.70 175,000.00 54,102.30 69.1 101-34420 COND USE-VARIANCE-DEV FEES 24,985.00 24,985.00 35,000.00 10,015.00 71.4 101-34430 ENGINEERING & LEGAL FEES 34,846.63 34,846.63 35,000.00 153.37 99.6 101-34440 BLDG PERMITS-MAIL IN FEES 439.05 439.05 700.00 260.95 62.7 101-34450 ON-SITE SEPTIC PROGRAM FEES 44,550.00 44,550.00 44,500.00 ( 50.00)100.1 101-34460 COOP AGREEMENT-INSPECTION 6,733.59 6,733.59 15,000.00 8,266.41 44.9 101-34610 COOP AGREEMENT-POLICE 1,949,483.56 1,949,483.56 2,222,500.00 273,016.44 87.7 101-34620 COOP AGREEMENT-ANIMAL CONTROL .00 .00 .00 .00 .0 101-34630 POLICE SPECIAL SERVICES 5,975.00 5,975.00 75,000.00 69,025.00 8.0 101-34640 FALSE ALARM FEES 750.00 750.00 4,000.00 3,250.00 18.8 101-34650 POLICE REPORTS 342.00 342.00 800.00 458.00 42.8 101-34670 POLICE RESERVE RECEIPTS .00 .00 500.00 500.00 .0 101-34680 EXPLORERS PROGRAM 823.00 823.00 .00 ( 823.00).0 101-34810 COOP AGREEMENT-PUBLIC WORKS 3,463.40 3,463.40 3,000.00 ( 463.40)115.5 101-34815 INTERDEPARTMENTAL SERVICES-PW .00 .00 .00 .00 .0 101-34820 RECYCLING PROGRAM FEES .00 .00 .00 .00 .0 TOTAL CHARGES FOR SERVICES 2,243,880.46 2,243,880.46 2,696,300.00 452,419.54 83.2 FINES 101-35104 OTHER FINES .00 .00 .00 .00 .0 101-35105 ADMIN CITATIONS 7,817.08 7,817.08 15,000.00 7,182.92 52.1 101-35400 COURT FINES 28,398.20 28,398.20 80,000.00 51,601.80 35.5 101-35410 DRUG TASK FORCE .00 .00 .00 .00 .0 101-35420 DOG IMPOUND FEES .00 .00 500.00 500.00 .0 101-35620 ADMINISTRATIVE 30% SHARE .00 .00 .00 .00 .0 TOTAL FINES 36,215.28 36,215.28 95,500.00 59,284.72 37.9 CITY OF ORONO REVENUES WITH COMPARISON TO BUDGET FOR THE 6 MONTHS ENDING JUNE 30, 2016 GENERAL FUND PERIOD JUNE 30, 2016 BUDGET UNEARNED PCNT FOR ADMINISTRATION USE ONLY 50 % OF THE FISCAL YEAR HAS ELAPSED 07/21/2016 09:18AM PAGE: 3 MISCELLANEOUS 101-37699 UTILITY PENALTIES 120.00 120.00 1,500.00 1,380.00 8.0 101-37910 GREEN FEES 56,235.50 56,235.50 90,000.00 33,764.50 62.5 101-37920 RENTAL-GOLF CARTS & CLUB 20,821.50 20,821.50 32,000.00 11,178.50 65.1 101-37930 BEER SALES 2,696.00 2,696.00 7,000.00 4,304.00 38.5 101-37935 POP SALES 1,980.00 1,980.00 3,200.00 1,220.00 61.9 101-37940 CONCESSIONS-TAXABLE 1,221.50 1,221.50 2,100.00 878.50 58.2 101-37950 CONCESSIONS-NONTAXABLE .00 .00 .00 .00 .0 101-37960 GOLF BALL SALES 539.50 539.50 1,700.00 1,160.50 31.7 101-37970 PRO SHOP-TAXABLE 248.48 248.48 1,000.00 751.52 24.9 101-37980 PRO SHOP-NONTAXABLE 591.50 591.50 1,000.00 408.50 59.2 101-37985 GOLF COURSE PRINTS .00 .00 .00 .00 .0 101-37990 OTHER GOLF COURSE RECEIPTS 7,589.60 7,589.60 .00 ( 7,589.60).0 101-37999 CASH OVER/SHORT 4.00 4.00 .00 ( 4.00).0 TOTAL MISCELLANEOUS 92,047.58 92,047.58 139,500.00 47,452.42 66.0 OTHER SOURCES & TRANSFERS IN 101-39310 INTEREST ON INVESTMENTS .00 .00 35,000.00 35,000.00 .0 101-39315 INVESTMENT DISCOUNTS/PREMIUMS .00 .00 .00 .00 .0 101-39350 INTEREST-NOW ACCOUNT 207.30 207.30 500.00 292.70 41.5 101-39610 MISCELLANEOUS REVENUE 987.51 987.51 3,000.00 2,012.49 32.9 101-39620 RENT INCOME 3,150.00 3,150.00 5,400.00 2,250.00 58.3 101-39630 CONTRIBUTIONS & DONATIONS .00 .00 .00 .00 .0 101-39640 REFUNDS & REIMBURSEMENTS 1,851.12 1,851.12 .00 ( 1,851.12).0 101-39650 PAYMENTS IN LIEU OF TAXES .00 .00 .00 .00 .0 101-39670 SALE OF LAND 24,503.88 24,503.88 .00 ( 24,503.88).0 101-39680 SALE OF EQUIPMENT 44,116.00 44,116.00 20,000.00 ( 24,116.00)220.6 101-39920 RESIDUAL EQUITY TRANSFERS IN .00 .00 .00 .00 .0 TOTAL OTHER SOURCES & TRANSFERS IN 74,815.81 74,815.81 63,900.00 ( 10,915.81)117.1 TOTAL FUND REVENUE 2,686,072.36 2,686,072.36 7,708,570.00 5,022,497.64 34.9 NET REVENUE OVER EXPENDITURES 2,686,072.36 2,686,072.36 7,708,570.00 5,022,497.64 34.9 City of Orono YTD Revenues 6-30-2016 Attachment 3 0% 20% 40% 60% 80% 100% 120% Q1 2012 Q1 2013 Q1 2014 Q1 2015 Q1 2016 Q2 2012 Q2 2013 Q2 2014 Q2 2015 Q2 2016 Q3 2012 Q3 2013 Q3 2014 Q3 2015 Q3 2016 YE 2012 YE 2013 YE 2014 YE 2015 YE 2016 Attachment 4 - Expenditure Summary 2016 Budget Y-T-D Jun 30,2016 Adjustments Y-T-D 06/30/2016 Balance Percent Mayor & Council 83,240 47,957 (1,633) 46,324 36,916 55.65% Administration 291,120 151,337 (12,672) 138,665 152,455 47.63% Elections 18,130 2,140 - 2,140 15,990 11.80% Assessing 180,000 - 89,333 89,333 90,667 49.63% Finance 322,320 176,598 (12,888) 163,710 158,610 50.79% Law/Legal Services 102,500 55,531 - 55,531 46,969 54.18% Central Services 244,470 156,258 (2,961) 153,297 91,173 62.71% Human Services 12,400 - - - 12,400 0.00% Police 4,076,850 2,095,262 (86,323) 2,008,939 2,067,911 49.28% Fire Protection Services 395,150 302,321 (91,155) 211,166 183,984 53.44% Building & Zoning 707,050 367,129 (19,258) 347,871 359,179 49.20% Engineering 20,000 5,566 1,500 7,066 12,935 35.33% Street Maintenance 493,830 237,094 (9,155) 227,939 265,891 46.16% Parks 108,120 53,524 (890) 52,634 55,486 48.68% Golf Course 152,640 97,158 (5,633) 91,525 61,115 59.96% Special Services 95,750 36,035 3,550 39,585 56,165 41.34% Special Projects-Contingencies 40,000 1,592 - 1,592 38,408 3.98% Transfers to Other Funds 365,000 - 182,500 182,500 182,500 50.00% Total General Fund Expenditures 7,708,570 3,785,502 34,315 3,819,817 3,888,753 49.55% City of Orono 2016 General Fund Summary Attachment 5 - Expenditure Detail 2016 Budget Y-T-D Jun 30,2016 Adjustments Adjusted Adjusted Y-T-D Jun 30,2016 Balance Percent 101-41110-101 101 Full-Time Employees Regular 18,200 10,617 (1,517)9,100 9,100 50.00% 101-41110-122 122 FICA 1,390 812 (116)696 694 50.08% 101-41110-151 151 Worker's Comp Insurance Prem 50 25 0 25 25 50.00% Total Personal Services 19,640 11,454 (1,633)9,821 9,819 50.00% 101-41110-433 433 Memberships 62,100 36,042 0 36,042 26,059 58.04% 101-41110-437 437 Training & Development 500 0 0 0 500 0.00% 101-41110-439 439 Meeting Expenses 1,000 462 0 462 538 46.19% 101-41110-489 489 Other Miscellaneous Charges 0 0 0 0 0 N/A Total Other Expenses 63,600 36,503 0 36,503 27,097 57.40% 83,240 47,957 (1,633)46,324 36,916 55.65% City of Orono 2016 Line Item Budget Mayor & Council Personal Services Other Expenses City Council Total Page 1 Attachment 5 - Expenditure Detail 2016 Budget Y-T-D Jun 30,2016 Adjustments Adjusted Adjusted Y-T-D Jun 30,2016 Balance Percent 101-41300-101 101 Full-Time Employees Regular 192,350 101,596 (7,585)94,011 98,339 48.88% 101-41300-102 102 Full-Time Employees Overtime 1,300 0 0 0 1,300 0.00% 101-41300-103 103 Part-Time Employees 0 0 0 0 0 N/A 101-41300-104 104 Temporary Employees Regular 10,500 5,793 (540)5,253 5,248 50.02% 101-41300-121 121 PERA 14,520 7,437 (569)6,868 7,652 47.30% 101-41300-122 122 FICA 15,620 7,647 (593)7,054 8,566 45.16% 101-41300-135 135 City Benefit Contribution 37,020 19,308 (3,085)16,223 20,798 43.82% 101-41300-142 142 Unemployment Benefit Payments 0 0 0 0 0 N/A 101-41300-151 151 Worker's Comp Insurance Prem 1,210 605 0 605 605 50.00% Total Personal Services 272,520 142,385 (12,372)130,013 142,507 47.71% 101-41300-208 208 Books & Periodicals 300 0 0 0 300 0.00% Total Supplies & Maintenance 300 0 0 0 300 0.00% 101-41300-319 319 Professional Services 6,000 2,605 0 2,605 3,395 43.42% Total Professional Serivces 6,000 2,605 0 2,605 3,395 43.42% City of Orono 2016 Line Item Budget Administration Personal Services Supplies & Maintenance Professional Services Page 2 Attachment 5 - Expenditure Detail 2016 Budget Y-T-D Jun 30,2016 Adjustments Adjusted Adjusted Y-T-D Jun 30,2016 Balance Percent 101-41300-331 331 Travel Expenses 4,000 2,100 (300)1,800 2,200 45.00% 101-41300-340 340 General Advertising 0 0 0 0 0 N/A 101-41300-433 433 Memberships 1,300 1,195 0 1,195 105 91.92% 101-41300-437 437 Training & Development 3,500 2,488 0 2,488 1,012 71.09% 101-41300-439 439 Meeting Expenses 500 205 0 205 295 41.06% 101-41300-489 489 Other Miscellaneous Charges 3,000 359 0 359 2,641 11.96% Total Other Expenses 12,300 6,347 (300)6,047 6,253 49.16% 291,120 151,337 (12,672)138,665 152,455 47.63% City of Orono 2016 Line Item Budget Administration cont. Other Expenses Administration Total Page 3 Attachment 5 - Expenditure Detail 2016 Budget Y-T-D Jun 30,2016 Adjustments Adjusted Adjusted Y-T-D Jun 30,2016 Balance Percent 101-41410-102 102 Full-Time Employees Overtime 1,000 0 0 0 1,000 0.00% 101-41410-104 104 Temporary Employees Regular 11,800 0 0 0 11,800 0.00% 101-41410-121 121 PERA 80 0 0 0 80 0.00% 101-41410-122 122 FICA 80 0 0 0 80 0.00% Total Personal Services 12,960 0 0 0 12,960 0.00% 101-41410-208 208 Books & Periodicals 0 0 0 0 0 N/A 101-41410-221 221 Equipment Parts & Accessories 2,200 1,832 0 1,832 368 83.27% 101-41410-240 240 Small Tools and Minor Equip 300 281 0 281 19 93.77% Total Supplies & Maintenance 2,500 2,113 0 2,113 387 84.53% 101-41410-319 319 Professional Services 0 0 0 0 0 N/A 101-41410-322 322 Postage 800 0 0 0 800 0.00% 101-41410-331 331 Travel Expenses 100 0 0 0 100 0.00% 101-41410-340 340 General Advertising 220 0 0 0 220 0.00% 101-41410-412 412 Building Rentals 0 0 0 0 0 N/A 101-41410-415 415 Other Equipment Rentals 0 0 0 0 0 N/A 101-41410-437 437 Training & Development 100 0 0 0 100 0.00% 101-41410-439 439 Meeting Expenses 600 27 0 27 573 4.50% 101-41410-489 489 Other Miscellaneous Charges 850 0 0 0 850 0.00% Total Other Expenses 2,670 27 0 27 2,643 1.01% 18,130 2,140 0 2,140 15,990 11.80% City of Orono 2016 Line Item Budget Elections Personal Services Supplies & Maintenance Other Expenses Elections Total Page 4 Attachment 5 - Expenditure Detail 2016 Budget Y-T-D Jun 30,2016 Adjustments Adjusted Adjusted Y-T-D Jun 30,2016 Balance Percent 101-41550-302 302 Assessing Services 180,000 0 89,333 89,333 90,667 49.63% Total Assessing Service 180,000 0 89,333 89,333 90,667 49.63% 180,000 0 89,333 89,333 90,667 49.63% City of Orono 2016 Line Item Budget Assessing Assessing Services Assessing Total Page 5 Attachment 5 - Expenditure Detail 2016 Budget Y-T-D Jun 30,2016 Adjustments Adjusted Adjusted Y-T-D Jun 30,2016 Balance Percent 101-41500-101 101 Full-Time Employees Regular 211,380 122,688 (10,800)111,888 99,492 52.93% 101-41500-102 102 Full-Time Employees Overtime 200 0 0 0 200 0.00% 101-41500-103 103 Part-Time Employees 21,400 10,315 (669)9,646 11,754 45.08% 101-41500-104 104 Temporary Employees Regular 0 0 0 0 0 N/A 101-41500-121 121 PERA 17,030 9,875 (713)9,162 525 53.80% 101-41500-122 122 FICA 17,370 9,465 (706)8,759 8,611 50.43% 101-41500-135 135 City Benefit Contribution 52,080 23,264 0 23,264 28,816 44.67% 101-41500-151 151 Worker's Comp Insurance Prem 1,330 665 0 665 665 50.00% Total Personal Services 320,790 176,273 (12,888)163,385 150,062 50.93% 101-41500-208 208 Books & Periodicals 0 0 0 0 0 N/A Total Supplies & Maintenance 0 0 0 0 0 N/A 101-41500-301 301 Auditing and Acct'g Services 0 0 0 0 0 N/A Total Professional Services 0 0 0 0 0 N/A 101-41500-331 331 Travel Expenses 200 0 0 0 200 0.00% 101-41500-433 433 Memberships 330 325 0 325 5 98.48% 101-41500-437 437 Training & Development 1,000 0 0 0 1,000 0.00% Total Other Expenses 1,530 325 0 325 1,205 21.24% 322,320 176,598 (12,888)163,710 151,267 50.79% City of Orono Finance Total 2016 Line Item Budget Finance Department Personal Services Supplies & Maintenance Professional Services Other Expenses Page 6 Attachment 5 - Expenditure Detail 2016 Budget Y-T-D Jun 30,2016 Adjustments Adjusted Adjusted Y-T-D Jun 30,2016 Balance Percent 101-41600-305 305 Legal-Retainer 0 0 0 0 0 N/A 101-41600-306 306 Legal-Prosecution 38,500 23,607 0 23,607 14,893 61.32% 101-41600-307 307 Legal-Consulting 50,000 24,109 0 24,109 25,891 48.22% 101-41600-308 308 Code Enforcement 4,000 450 0 450 3,551 11.24% 101-41600-309 309 Jail Charges 10,000 7,365 0 7,365 2,635 73.65% Total Professional Services 102,500 55,531 0 55,531 46,969 54.18% 102,500 55,531 0 55,531 46,969 54.18% City of Orono 2016 Line Item Budget Law/Legal Services Professional Services Law/Legal Services Total Page 7 Attachment 5 - Expenditure Detail 2016 Budget Y-T-D Jun 30,2016 Adjustments Adjusted Adjusted Y-T-D Jun 30,2016 Balance Percent 101-41900-201 201 Office supplies 14,570 5,824 0 5,824 8,746 39.97% 101-41900-221 221 Equipment Parts & Accessories 3,000 637 0 637 2,363 21.24% 101-41900-223 223 Bldg/Grounds Maint. Supplies 3,500 1,551 0 1,551 1,949 44.32% 101-41900-401 401 Repairs/Maint-Office Equip 16,000 4,388 0 4,388 11,612 27.43% 101-41900-403 403 Repairs/Maint-Misc. Equip 700 136 0 136 564 19.43% 101-41900-404 404 Repairs/Maint-Bldgs/Grounds 15,000 7,466 0 7,466 7,534 49.77% 101-41900-407 407 Janitorial Services 19,000 9,993 (1,436)8,557 10,443 45.04% 101-41900-416 416 Software Licensing 12,000 20,359 0 20,359 (8,359)169.65% Total Supplies & Maintenance 83,770 50,354 (1,436)48,918 34,852 58.40% 101-41900-301 301 Auditing and Acct'g Services 20,000 20,000 0 20,000 0 100.00% 101-41900-310 310 LOGIS-Applications 0 0 4,900 4,900 (4,900)N/A 101-41900-311 311 Data Processing Communication 0 0 0 0 0 N/A 101-41900-319 319 Professional Services 12,000 9,402 (2,940)6,462 5,538 53.85% 101-41900-370 370 Insurance Agent of Record 0 0 0 0 0 N/A Total Professional Services 32,000 29,402 1,960 31,362 638 98.01% 101-41900-361 361 General Liability Ins 10,000 5,000 0 5,000 5,000 50.00% 101-41900-362 362 Umbrella Liability Ins 5,000 2,500 0 2,500 2,500 50.00% 101-41900-363 363 Bonds Insurance 200 100 0 100 100 50.00% 101-41900-365 365 Boiler & Machinery Ins 1,300 650 0 650 650 50.00% 101-41900-366 366 Property Insurance 5,000 2,500 0 2,500 2,500 50.00% 101-41900-367 367 Equipment Floaters Ins 1,300 650 0 650 650 50.00% 101-41900-368 368 Automotive Insurance 7,400 3,700 0 3,700 3,700 50.00% Total Insurances 30,200 15,100 0 15,100 15,100 50.00% City of Orono 2016 Line Item Budget Central Services Supplies & Maintenance Professional Services Insurances Page 8 Attachment 5 - Expenditure Detail 2016 Budget Y-T-D Jun 30,2016 Adjustments Adjusted Adjusted Y-T-D Jun 30,2016 Balance Percent 101-41900-312 312 Bank Fees 4,000 2,540 0 2,540 1,460 63.51% 101-41900-321 321 Telephone 8,000 6,204 (890)5,314 2,686 66.42% 101-41900-322 322 Postage 11,000 9,972 0 9,972 1,028 90.66% 101-41900-329 329 Internet/Other Communications 8,000 4,028 (1,276)2,752 5,248 34.40% 101-41900-352 352 Printing & Publishing 15,000 9,496 0 9,496 5,504 63.31% 101-41900-381 381 Gas & Electric 29,000 16,507 0 16,507 12,493 56.92% 101-41900-382 382 Water Utilities 2,500 1,915 0 1,915 585 76.61% 101-41900-413 413 Office Equipment Rental 20,000 10,479 (1,319)9,160 10,840 45.80% 101-41900-440 440 Special Equipment Replacement 0 11 0 11 (11)N/A 101-41900-489 489 Other Miscellaneous Charges 1,000 250 0 250 750 25.00% Total Other Expenses 98,500 61,402 (3,485)57,917 40,583 58.80% 101-41900-512 512 Spec Assmts on Land & Int 0 0 0 0 0 N/A 101-41900-750 750 Interest on Special Assmnts 0 0 0 0 0 N/A Total Capital Outlay 0 0 0 0 0 N/A 244,470 156,258 (2,961)153,297 91,173 62.71% City of Orono 2016 Line Item Budget Central Services cont. Other Expenses Capital Outlay Central Services Total Page 9 Attachment 5 - Expenditure Detail 2016 Budget Y-T-D Jun 30,2016 Adjustments Adjusted Adjusted Y-T-D Jun 30,2016 Balance Percent 101-41800-490 490 Contributions to Civic Org's 12,400 0 0 0 12,400 0.00% Total Other Expenses 12,400 0 0 0 12,400 0.00% 12,400 0 0 0 12,400 0.00% City of Orono 2016 Line Item Budget Human Services Other Expenses Human Services Total Page 10 Attachment 5 - Expenditure Detail 2016 Budget Y-T-D Jun 30,2016 Adjustments Adjusted Adjusted Y-T-D Jun 30,2016 Balance Percent 101-42110-101 101 Full-Time Employees Regular 2,315,280 1,196,408 (85,610)1,110,798 1,204,482 47.98% 101-42110-102 102 Full-Time Employees Overtime 50,000 10,476 (573)9,903 40,097 19.81% 101-42110-103 103 Part-Time Employees 53,000 23,749 (3,865)19,884 33,116 37.52% 101-42110-104 104 Temporary Employees Regular 0 0 0 0 0 N/A 101-42110-121 121 PERA 359,730 186,915 (13,580)173,335 186,395 48.18% 101-42110-122 122 FICA 46,000 23,193 (1,683)21,510 24,490 46.76% 101-42110-135 135 City Benefit Contribution 401,580 196,788 0 196,788 204,792 49.00% 101-42110-142 142 Unemployment Benefit Payments 0 2,914 0 2,914 (2,914)N/A 101-42110-151 151 Worker's Comp Insurance Prem 70,830 35,415 0 35,415 35,415 50.00% Total Personal Services 3,296,420 1,675,857 (105,311)1,570,546 1,725,874 47.64% 101-42110-201 201 Office supplies 15,000 5,542 0 5,542 9,458 36.95% 101-42110-208 208 Books & Periodicals 1,000 0 0 0 1,000 0.00% 101-42110-212 212 Motor Fuels & Lubricants 115,000 30,660 2,000 32,660 82,340 28.40% 101-42110-221 221 Equipment Parts & Accessories 6,000 2,662 0 2,662 3,338 44.36% 101-42110-223 223 Bldg/Grounds Maint. Supplies 1,300 20 0 20 1,280 1.54% 101-42110-226 226 Clothing & personal equipment 25,000 25,530 0 25,530 (530)102.12% 101-42110-228 228 Training Supplies 16,000 322 0 322 15,678 2.01% 101-42110-229 229 Explorers Program expenses 4,000 99 3,150 3,249 751 81.23% 101-42110-240 240 Small Tools and Minor Equip 6,000 234 0 234 5,766 3.89% 101-42110-401 401 Repairs/Maint-Office Equip 5,000 3,557 0 3,557 1,443 71.15% 101-42110-402 402 Repairs/Maint-Auto Equip 50,000 23,525 0 23,525 26,475 47.05% 101-42110-403 403 Repairs/Maint-Misc. Equip 8,000 2,686 0 2,686 5,314 33.57% 101-42110-404 404 Repairs/Maint-Bldgs/Grounds 6,500 3,296 0 3,296 3,204 50.70% 101-42110-407 407 Janitorial Services 15,000 7,237 (1,040)6,197 8,803 41.31% 101-42110-416 416 Software Licensing 10,000 13,157 0 13,157 (3,157)131.57% Total Supplies & Maintenance 283,800 118,525 4,110 122,635 161,165 43.21% 2016 Line Item Budget Police Department Personal Services Supplies & Maintenance City of Orono Page 11 Attachment 5 - Expenditure Detail 2016 Budget Y-T-D Jun 30,2016 Adjustments Adjusted Adjusted Y-T-D Jun 30,2016 Balance Percent 101-42110-304 304 Engineering-Consulting 0 0 0 0 0 N/A 101-42110-307 307 Legal-Consulting 8,000 3,224 0 3,224 4,776 40.30% 101-42110-310 310 LOGIS-Applications 82,250 31,065 6,017 37,082 45,168 45.08% 101-42110-311 311 Data Processing Communication 5,000 3,573 0 3,573 1,427 71.46% 101-42110-317 317 Animal Care 1,000 0 0 0 1,000 0.00% 101-42110-319 319 Professional Services 14,500 12,344 0 12,344 2,156 85.13% 101-42110-370 370 Insurance Agent of Record 0 0 0 0 0 N/A Total Professional Services 110,750 50,205 6,017 56,222 54,528 50.77% 101-42110-361 361 General Liability Ins 35,000 17,500 8,750 26,250 8,750 75.00% 101-42110-362 362 Umbrella Liability Ins 10,000 5,000 2,500 7,500 2,500 75.00% 101-42110-366 366 Property Insurance 1,000 500 250 750 250 75.00% 101-42110-367 367 Equipment Floaters Ins 0 0 0 0 0 N/A 101-42110-368 368 Automotive Insurance 9,000 4,500 2,250 6,750 2,250 75.00% 101-42110-379 379 Insurance Deductibles 0 0 0 0 0 N/A Total Insurances 55,000 27,500 13,750 41,250 13,750 75.00% City of Orono 2016 Line Item Budget Police Department cont. Professional Services Insurances Page 12 Attachment 5 - Expenditure Detail 2016 Budget Y-T-D Jun 30,2016 Adjustments Adjusted Adjusted Y-T-D Jun 30,2016 Balance Percent 101-42110-321 321 Telephone 23,230 12,261 (1,454)10,807 12,423 46.52% 101-42110-322 322 Postage 1,200 99 400 499 701 41.60% 101-42110-329 329 Internet/Other Communications 6,100 3,048 0 3,048 3,052 49.97% 101-42110-331 331 Travel Expenses 250 60 0 60 190 24.11% 101-42110-340 340 General Advertising 0 0 0 0 0 N/A 101-42110-352 352 Printing & Publishing 1,800 1,592 0 1,592 208 88.47% 101-42110-381 381 Gas & Electric 20,000 9,519 0 9,519 10,481 47.59% 101-42110-382 382 Water Utilities 1,200 742 0 742 458 61.86% 101-42110-413 413 Office Equipment Rental 2,800 2,673 (335)2,338 462 83.50% 101-42110-414 414 EDP/Communications Equip Rent 20,000 11,629 0 11,629 8,371 58.15% 101-42110-433 433 Memberships 5,500 2,700 0 2,700 2,800 49.09% 101-42110-436 436 Towing Charges 0 157 0 157 (157)N/A 101-42110-437 437 Training & Development 35,000 17,458 (3,500)13,958 21,042 39.88% 101-42110-439 439 Meeting Expenses 2,500 1,529 0 1,529 971 61.15% 101-42110-440 440 Special Equipment Replacement 5,000 1,038 0 1,038 3,962 20.77% 101-42110-441 441 Licenses & Taxes 1,300 3,140 0 3,140 (1,840)241.56% 101-42110-489 489 Other Miscellaneous Charges 3,000 30 0 30 2,970 1.00% Total Other Expenses 128,880 67,677 (4,889)62,788 66,092 48.72% 101-42110-550 550 Automotive Equipment 151,000 121,270 9,940 131,210 19,790 86.89% 101-42110-560 560 Furniture and Fixtures 0 0 0 0 0 N/A 101-42110-570 570 Office Equip and Furnishings 7,000 0 0 0 7,000 0.00% 101-42110-575 575 IT Hardware & Applications 23,000 5,378 0 5,378 17,622 23.38% 101-42110-580 580 Other Equipment 21,000 28,850 (9,940)18,910 2,090 90.05% Total Capital Outlay 202,000 155,498 0 155,498 46,502 76.98% 4,076,850 2,095,262 (86,323)2,008,939 2,067,911 49.28% Other Expenses Capital Outlay Police Total City of Orono 2016 Line Item Budget Police Department cont. Page 13 Attachment 5 - Expenditure Detail 2016 Budget Y-T-D Jun 30,2016 Adjustments Adjusted Adjusted Y-T-D Jun 30,2016 Balance Percent 101-42260-318 318 Fire Services 395,150 302,321 (91,155)211,166 183,984 53.44% 101-42260-319 319 Professional Services 0 0 0 0 0 N/A Total Professional Services 395,150 302,321 (91,155)211,166 183,984 53.44% 395,150 302,321 (91,155)211,166 183,984 53.44% City of Orono 2016 Line Item Budget Fire Protection Services Professional Services Fire Protection Services Total Page 14 Attachment 5 - Expenditure Detail 2016 Budget Y-T-D Jun 30,2016 Adjustments Adjusted Adjusted Y-T-D Jun 30,2016 Balance Percent 101-42400-101 101 Full-Time Employees Regular 435,010 242,129 (16,510)225,619 209,391 51.87% 101-42400-102 102 Full-Time Employees Overtime 200 0 0 0 200 0.00% 101-42400-103 103 Part-Time Employees 0 0 0 0 0 N/A 101-42400-104 104 Temporary Employees Regular 0 0 0 0 0 N/A 101-42400-121 121 PERA 32,640 17,928 (1,238)16,690 15,950 51.13% 101-42400-122 122 FICA 33,290 18,377 (1,270)17,107 16,183 51.39% 101-42400-135 135 City Benefit Contribution 74,040 29,187 0 29,187 44,853 39.42% 101-42400-142 142 Unemployment Benefit Payments 0 0 0 0 0 N/A 101-42400-151 151 Worker's Comp Insurance Prem 2,620 1,310 0 1,310 1,310 50.00% Total Personal Services 577,800 308,931 (19,018)289,913 287,887 50.18% 101-42400-208 208 Books & Periodicals 600 142 0 142 458 23.67% 101-42400-212 212 Motor Fuels & Lubricants 1,500 0 0 0 1,500 0.00% 101-42400-221 221 Equipment Parts & Accessories 0 0 0 0 0 N/A 101-42400-226 226 Clothing & personal equipment 0 0 0 0 0 N/A 101-42400-240 240 Small Tools and Minor Equip 0 0 0 0 0 N/A 101-42400-402 402 Repairs/Maint-Auto Equip 1,000 0 0 0 1,000 0.00% 101-42400-403 403 Repairs/Maint-Misc. Equip 0 0 0 0 0 N/A Total Supplies & Maintenance 3,100 142 0 142 2,958 4.58% 101-42400-304 304 Engineering-Consulting 2,500 0 0 0 2,500 0.00% 101-42400-307 307 Legal-Consulting 16,000 13,766 0 13,766 2,235 86.03% 101-42400-310 310 Inspection Services 100,000 40,174 0 40,174 59,826 40.17% 101-42400-319 319 Professional Services 2,500 2,125 (240)1,885 615 75.40% Total Professional Services 121,000 56,065 (240)55,825 65,176 46.14% Supplies & Maintenance Professional Services City of Orono 2016 Line Item Budget Building & Zoning Personal Services Page 15 Attachment 5 - Expenditure Detail 2016 Budget Y-T-D Jun 30,2016 Adjustments Adjusted Adjusted Y-T-D Jun 30,2016 Balance Percent 101-42400-331 331 Travel Expenses 1,500 92 0 92 1,408 6.11% 101-42400-340 340 General Advertising 0 0 0 0 0 N/A 101-42400-415 415 Other Equipment Rentals 0 0 0 0 0 N/A 101-42400-433 433 Memberships 750 790 0 790 (40)105.33% 101-42400-437 437 Training & Development 2,000 1,046 0 1,046 954 52.28% 101-42400-439 439 Meeting Expenses 750 32 0 32 718 4.27% 101-42400-441 441 Licenses & Taxes 150 32 0 32 118 21.33% Total Other Expenses 5,150 1,991 0 1,991 3,159 38.67% 707,050 367,129 (19,258)347,871 359,179 49.20% City of Orono 2016 Line Item Budget Building & Zoning cont. Other Expenses Building & Zoning Total Page 16 Attachment 5 - Expenditure Detail 2016 Budget Y-T-D Jun 30,2016 Adjustments Adjusted Adjusted Y-T-D Jun 30,2016 Balance Percent 101-43170-303 303 Engineering-Retainer 0 0 0 0 0 N/A 101-43170-304 304 Engineering-Consulting 20,000 5,566 1,500 7,066 12,935 35.33% Total Professional Services 20,000 5,566 1,500 7,066 12,935 35.33% 20,000 5,566 1,500 7,066 12,935 35.33% City of Orono 2016 Line Item Budget Engineering Professional Services Engineering Total Page 17 Attachment 5 - Expenditure Detail 2016 Budget Y-T-D Jun 30,2016 Adjustments Adjusted Adjusted Y-T-D Jun 30,2016 Balance Percent 101-43000-101 101 Full-Time Employees Regular 187,680 102,708 (7,786)94,922 92,758 50.58% 101-43000-102 102 Full-Time Employees Overtime 11,000 4,061 0 4,061 6,939 36.92% 101-43000-121 121 PERA 14,900 7,327 (687)6,640 8,260 44.56% 101-43000-122 122 FICA 15,200 7,232 (682)6,550 8,650 43.09% 101-43000-135 135 City Benefit Contribution 48,090 18,341 0 18,341 29,749 38.14% 101-43000-142 142 Unemployment Benefit Payments 0 0 0 0 0 N/A 101-43000-151 151 Worker's Comp Insurance Prem 12,680 6,340 0 6,340 6,340 50.00% Total Personal Services 289,550 146,008 (9,155)136,853 152,697 47.26% 101-43000-208 208 Books & Periodicals 170 169 0 169 1 99.41% 101-43000-212 212 Motor Fuels & Lubricants 45,600 8,111 0 8,111 37,489 17.79% 101-43000-221 221 Equipment Parts & Accessories 16,000 7,344 0 7,344 8,656 45.90% 101-43000-222 222 Vehicle Equipment & Parts 8,000 1,639 0 1,639 6,361 20.49% 101-43000-224 224 Street Maint. Materials/Supply 40,980 33,143 0 33,143 7,837 80.88% 101-43000-226 226 Clothing & personal equipment 3,500 1,420 0 1,420 2,080 40.56% 101-43000-240 240 Small Tools and Minor Equip 1,000 1,713 0 1,713 (713)171.32% 101-43000-402 402 Repairs/Maint-Auto Equip 7,000 5,540 0 5,540 1,460 79.14% 101-43000-403 403 Repairs/Maint-Misc. Equip 3,000 4,361 0 4,361 (1,361)145.37% 101-43000-404 404 Repairs/Maint-Bldgs/Grounds 0 7,469 0 7,469 (7,469)N/A 101-43000-408 408 Contracted Street Maint.47,810 4,057 0 4,057 43,753 8.49% Total Supplies & Maintenance 173,060 74,967 0 74,967 98,093 43.32% 101-43000-304 304 PW Engineering-Consulting 0 0 0 0 0 N/A 101-43000-319 319 Professional Services 0 0 0 0 0 N/A Total Professional Services 0 0 0 0 0 N/A City of Orono 2016 Line Item Budget Public Works Department Personal Services Supplies & Maintenance Professional Services Page 18 Attachment 5 - Expenditure Detail 2016 Budget Y-T-D Jun 30,2016 Adjustments Adjusted Adjusted Y-T-D Jun 30,2016 Balance Percent 101-43000-331 331 Travel Expenses 0 0 0 0 0 N/A 101-43000-381 381 Gas & Electric 4,880 3,557 (2,039)1,518 3,362 31.10% 101-43000-386 386 Street Lighting 21,690 10,389 2,039 12,428 9,262 57.30% 101-43000-415 415 Other Equipment Rentals 960 118 0 118 842 12.28% 101-43000-433 433 Memberships 430 0 0 0 430 0.00% 101-43000-437 437 Training & Development 3,000 1,762 0 1,762 1,238 58.74% 101-43000-441 441 Licenses & Taxes 220 236 0 236 (16)107.05% 101-43000-489 489 Other Miscellaneous Charges 40 57 0 57 (17)142.33% Total Other Expenses 31,220 16,118 0 16,118 15,102 51.63% 493,830 237,094 (9,155)227,939 265,891 46.16% City of Orono 2016 Line Item Budget Public Works Department cont. Other Expenses Public Works Total Page 19 Attachment 5 - Expenditure Detail 2016 Budget Y-T-D Jun 30,2016 Adjustments Adjusted Adjusted Y-T-D Jun 30,2016 Balance Percent 101-45200-101 101 Full-Time Employees Regular 20,070 11,387 (765)10,622 9,448 52.92% 101-45200-102 102 Full-Time Employees Overtime 0 215 0 215 (215)N/A 101-45200-103 103 Part-Time Employees 0 5,308 (5,308)(1)1 N/A 101-45200-104 104 Temporary Employees Regular 10,000 0 5,308 5,308 4,692 53.08% 101-45200-121 121 PERA 1,510 854 (58)796 714 52.72% 101-45200-122 122 FICA 2,300 908 (67)841 1,459 36.56% 101-45200-135 135 City Benefit Contribution 3,600 1,305 0 1,305 2,295 36.24% 101-45200-151 151 Worker's Comp Insurance Prem 1,490 745 0 745 745 50.00% Total Personal Services 38,970 20,721 (890)19,831 19,139 50.89% 101-45200-212 212 Motor Fuels & Lubricants 0 19 0 19 (19)N/A 101-45200-221 221 Equipment Parts & Accessories 500 703 0 703 (203)140.54% 101-45200-223 223 Bldg/Grounds Maint. Supplies 1,500 5,790 0 5,790 (4,290)386.00% 101-45200-225 225 Misc Park Supplies 10,000 1,571 0 1,571 8,429 15.71% 101-45200-403 403 Repairs/Maint-Misc. Equip 0 185 0 185 (185)N/A 101-45200-404 404 Repairs/Maint-Bldgs/Grounds 52,000 22,004 0 22,004 29,996 42.32% Total Supplies & Maintenance 64,000 30,272 0 30,272 33,728 47.30% 101-45200-319 319 Professional Services 1,000 495 0 495 505 49.50% Total Professional Services 1,000 495 0 495 505 50.50% 2016 Line Item Budget Parks Personal Services Supplies & Maintenance Professional Services City of Orono Page 20 Attachment 5 - Expenditure Detail 2016 Budget Y-T-D Jun 30,2016 Adjustments Adjusted Adjusted Y-T-D Jun 30,2016 Balance Percent 101-45200-331 331 Travel Expenses 0 0 0 0 0 N/A 101-45200-381 381 Gas & Electric 550 199 0 199 351 36.20% 101-45200-415 415 Other Equipment Rentals 3,300 1,817 0 1,817 1,483 55.06% 101-45200-439 439 Meeting Expenses 0 0 0 0 0 N/A 101-45200-441 441 Licenses & Taxes 300 0 0 0 300 0.00% 101-45200-489 489 Other Miscellaneous Charges 0 0 0 0 0 N/A 101-45200-490 490 Contributions to Civic Org's 0 0 0 0 0 N/A Total Other Expenses 4,150 2,016 0 2,016 2,134 48.58% 108,120 53,504 (890)52,614 55,506 48.66% City of Orono 2016 Line Item Budget Parks cont. Other Expenses Parks Total Page 21 Attachment 5 - Expenditure Detail 2016 Budget Y-T-D Jun 30,2016 Adjustments Adjusted Adjusted Y-T-D Jun 30,2016 Balance Percent 101-45210-101 101 Full-Time Employees Regular 32,690 17,185 (1,218)15,967 16,723 48.84% 101-45210-103 103 Part-Time Employees 37,160 29,257 (4,260)24,997 12,163 67.27% 101-45210-104 104 Temporary Employees Regular 0 435 0 435 (435)N/A 101-45210-121 121 PERA 3,640 0 0 0 3,640 0.00% 101-45210-122 122 FICA 6,660 1,746 (155)1,591 5,069 23.89% 101-45210-135 135 City Benefit Contribution 0 0 0 0 0 N/A 101-45210-142 142 Unemployment Benefit Payments 0 0 0 0 0 N/A 101-45210-143 143 OPEB Expense 0 0 0 0 0 N/A 101-45210-151 151 Worker's Comp Insurance Prem 1,790 895 0 895 895 50.00% Total Personal Services 81,940 49,518 (5,633)43,885 38,055 53.56% 101-45210-201 201 Office supplies 300 166 0 166 134 55.41% 101-45210-212 212 Motor Fuels & Lubricants 5,000 1,308 0 1,308 3,692 26.15% 101-45210-221 221 Equipment Parts & Accessories 1,500 1,374 0 1,374 126 91.62% 101-45210-223 223 Bldg/Grounds Maint. Supplies 4,500 4,694 0 4,694 (194)104.31% 101-45210-226 226 Clothing & personal equipment 180 152 0 152 28 84.58% 101-45210-240 240 Small Tools and Minor Equip 0 59 0 59 (59)N/A 101-45210-401 401 Repairs/Maint-Office Equip 0 0 0 0 0 N/A 101-45210-402 402 Repairs/Maint-Auto Equip 0 185 0 185 (185)N/A 101-45210-403 403 Repairs/Maint-Misc. Equip 2,500 3,824 0 3,824 (1,324)152.95% 101-45210-404 404 Repairs/Maint-Bldgs/Grounds 12,000 9,318 0 9,318 2,682 77.65% Total Supplies & Maintenance 25,980 21,081 0 21,081 4,899 81.14% Golf Course Personal Services Supplies & Maintenance City of Orono 2016 Line Item Budget Page 22 Attachment 5 - Expenditure Detail 2016 Budget Y-T-D Jun 30,2016 Adjustments Adjusted Adjusted Y-T-D Jun 30,2016 Balance Percent 101-45210-361 361 General Liability Ins 7,500 3,750 0 3,750 3,750 50.00% 101-45210-362 362 Umbrella Liability Ins 1,500 750 0 750 750 50.00% 101-45210-365 365 Boiler & Machinery Ins 300 150 0 150 150 50.00% 101-45210-366 366 Property Insurance 2,300 1,150 0 1,150 1,150 50.00% 101-45210-367 367 Equipment Floaters Ins 300 150 0 150 150 50.00% 101-45210-368 368 Automotive Insurance 370 185 0 185 185 50.00% 101-45210-369 369 Dram Shop Insurance 0 613 0 613 (613)N/A Total Insurances 12,270 6,748 0 6,748 5,522 55.00% 101-45210-312 312 Bank Fees 1,000 1,326 0 1,326 (326)132.63% 101-45210-319 319 Professional Services 0 0 0 0 0 N/A 101-45210-321 321 Telephone 2,200 1,790 0 1,790 410 81.36% 101-45210-331 331 Travel Expenses 0 0 0 0 0 N/A 101-45210-340 340 General Advertising 1,000 500 0 500 500 50.00% 101-45210-352 352 Printing & Publishing 0 370 0 370 (370)N/A 101-45210-381 381 Gas & Electric 8,300 3,751 0 3,751 4,549 45.20% 101-45210-415 415 Other Equipment Rentals 9,500 3,353 0 3,353 6,147 35.30% 101-45210-433 433 Memberships 250 270 0 270 (20)107.95% 101-45210-437 437 Training & Development 150 0 0 0 150 0.00% 101-45210-440 440 Special Equipment Replacement 0 0 0 0 0 N/A 101-45210-441 441 Licenses & Taxes 550 319 0 319 231 58.00% 101-45210-489 489 Other Miscellaneous Charges 0 119 0 119 (119)N/A Total Other Expenses 22,950 11,798 0 11,798 11,152 51.41% City of Orono 2016 Line Item Budget Golf Course cont. Insurances Other Expenses Page 23 Attachment 5 - Expenditure Detail 2016 Budget Y-T-D Jun 30,2016 Adjustments Adjusted Adjusted Y-T-D Jun 30,2016 Balance Percent 101-45210-090 090 PURCHASES FOR RESALE 0 0 0 0 0 N/A 101-45210-091 091 Beer For Resale 3,000 2,596 0 2,596 404 86.55% 101-45210-092 092 Soft Drinks For Resale 4,000 3,202 0 3,202 798 80.06% 101-45210-093 093 Concessions For Resale-Txbl 1,500 0 0 0 1,500 0.00% 101-45210-094 094 Concessions For Resale-NonTax 1,000 1,655 0 1,655 (655)165.54% 101-45210-095 095 Pro Shop Items For Resale 0 559 0 559 (559)N/A 101-45210-099 099 Other For Resale 0 0 0 0 0 N/A Total Purchases for Resale 9,500 8,013 0 8,013 1,487 84.35% 152,640 97,158 (5,633)91,525 61,115 59.96%Golf Course Total City of Orono 2016 Line Item Budget Golf Course cont. Purchases for Resale Page 24 Attachment 5 - Expenditure Detail 2016 Budget Y-T-D Jun 30,2016 Adjustments Adjusted Adjusted Y-T-D Jun 30,2016 Balance Percent 101-43280-102 102 Full-Time Employees Overtime 35,000 11,443 0 11,443 23,557 32.69% 101-43280-121 121 PERA 5,250 1,113 0 1,113 4,137 21.19% 101-43280-122 122 FICA 500 150 0 150 350 30.06% 101-43280-135 135 City Benefit Contribution 0 3 0 3 (3)N/A Total Personal Services 40,750 12,709 0 12,709 28,041 31.19% 101-43280-304 304 Engineering-Consulting 43,000 18,921 3,000 21,921 21,079 50.98% 101-43280-307 307 Legal-Consulting 12,000 4,405 550 4,955 7,045 41.29% 101-43280-319 319 Professional Services 0 0 0 0 0 N/A 101-43280-800 800 Special Projects, Contingency 0 0 0 0 0 N/A Total Professional Services 55,000 23,326 3,550 26,876 28,124 48.87% 95,750 36,035 3,550 39,585 56,165 41.34% City of Orono 2016 Line Item Budget Special Services -Consulting & Police Personal Services Professional Services Special Services-Consulting & Police Total Page 25 Attachment 5 - Expenditure Detail 2016 Budget Y-T-D Jun 30,2016 Adjustments Adjusted Adjusted Y-T-D Jun 30,2016 Balance Percent 101-43290-101 101 Full-Time Employees Regular 0 0 0 0 0 N/A Total Personal Services 0 0 0 0 0 N/A 101-43290-304 304 Engineering-Consulting 0 0 0 0 0 N/A 101-43290-319 319 Professional Services 0 0 0 0 0 N/A Total Professional Services 0 0 0 0 0 N/A 101-43290-489 489 Other Miscellaneous Charges 0 0 0 0 0 N/A Total Other Expenses 0 0 0 0 0 N/A 101-43290-510 510 Land 0 0 0 0 0 N/A 101-43290-720 720 Operating Transfers 365,000 0 182,500 182,500 182,500 50.00% Total Capital & Transfers 365,000 0 182,500 182,500 182,500 50.00% 101-43290-800 800 Special Projects, Contingency 40,000 1,592 0 1,592 38,408 3.98% Total Contingency Items 40,000 1,592 0 1,592 38,408 3.98% 405,000 1,592 182,500 184,092 220,908 45.45% 7,708,570 3,785,482 34,315 3,819,797 3,881,430 49.55% Other Expenses Capital & Transfers Contingency Items Special Projects-Contingencies Total GENERAL FUND TOTAL City of Orono 2016 Line Item Budget Special Projects-Contingencies Personal Services Professional Services Page 26 Attachment 6 - Expenditure Comparison 2015/16 Department June 30 Budget Percent Dec 31 Percent June 30 Budget Balance Percent Mayor & Council 51,071 91,700 55.69%91,446 99.72%46,324 83,240 36,916 55.65% Administration 137,179 280,560 48.89%269,268 95.98%138,665 291,120 152,455 47.63% Elections 1,000 2,400 41.67%316 13.17%2,140 18,130 15,990 11.80% Assessing 94,407 160,000 59.00%166,074 103.80%89,333 180,000 90,667 49.63% Finance Department 151,428 318,620 47.53%307,892 96.63%163,710 322,320 158,610 50.79% Law/Legal Services 49,457 97,500 50.73%96,581 99.06%55,531 102,500 46,969 54.18% Central Services 129,141 239,050 54.02%240,555 100.63%153,297 244,470 91,173 62.71% Human Services - 12,400 0.00%11,997 96.75%- 12,400 12,400 0.00% Police Department 1,887,392 3,971,675 47.52%3,737,312 94.10%2,008,939 4,076,850 2,067,911 49.28% Fire Protection 205,663 387,000 53.14%383,856 99.19%211,166 395,150 183,984 53.44% Building & Zoning 321,967 686,500 46.90%670,933 97.73%347,871 707,050 359,179 49.20% Engineering 7,391 25,000 29.56%17,080 68.32%7,066 20,000 12,935 35.33% Public Works 220,318 554,440 39.74%496,239 89.50%227,939 493,830 265,891 46.16% Parks 36,961 105,100 35.17%109,375 104.07%52,634 108,120 55,486 48.68% Golf 81,231 147,995 54.89%159,434 107.73%91,525 152,640 61,115 59.96% Special Services 32,629 69,930 46.66%103,456 147.94%39,585 95,750 56,165 41.34% Special Projects 1,496 40,000 3.74%24,500 61.25%1,592 40,000 38,408 3.98% Transfer to Other Funds 195,000 390,000 50.00%390,000 100.00%182,500 365,000 182,500 50.00% 3,603,731 7,579,870 47.54%7,276,314 96.00%3,819,817 7,708,570 3,888,753 49.55% City of Orono Expenditure Summary with Comparison to Budget For The 3 Months Ending March 31, 2015 - 16 2015 2016 Quarter Annual REQUEST FOR COUNCIL ACTION DATE: July 25, 2016 ITEM NO: 10 Department Approval: Administrator Reviewed: Agenda Section: Name Jessica Loftus JML City Administrator Report Title City Administrator Item Description: Spring Park Agreement for Standby Service For the past twenty (20) years or more the City of Orono has provided the City of Spring Park with public works standby coverage for their water and sewer system every other weekend and during employee absences. To the best our knowledge this informal arrangement has never been officially documented with a written agreement. While the current arrangement has been working well, staff from both Cities met recently and agreed that we should establish a more thorough written agreement with the approval of both city councils. Additionally, the City of Spring Park has asked for a clause in the agreement that would allow the City of Orono to provide for an expanded scope of standby assistance to the City of Spring Park for up to 90 days during times of transition, such as they’re experiencing now while replacing their Public Works Director. Spring Park has expressed their appreciation for the assistance, responsiveness and the strong relationship the cities continue to have with each other. The City Attorney has reviewed this agreement and staff supports this agreement with our neighboring city. COUNCIL ACTION REQUESTED Consider a motion to approve the attached Agreement for Standby Service. AGREEMENT FOR STANDBY SERVICE This AGREEMENT made and entered into by and between the CITY OF ORONO, a Minnesota municipal corporation, and the CITY OF SPRING PARK, a Minnesota municipal corporation, is made under and by virtue of Minnesota Statutes Sections 412.221 and 471.59. WHEREAS, both parties provide and regulate sewer and water services within their respective jurisdictions; WHEREAS, the City of Spring Park desires to contract with the City of Orono for the performance of the hereinafter specified maintenance and inspection services within the City of Spring Park, and; WHEREAS, the City of Orono is willing to render such services on the terms and conditions hereinafter set forth. NOW, THEREFORE, the parties agree as follows: 1. Purpose – The purpose of this Agreement is for the City of Orono to provide standby utility system maintenance and inspection services (hereinafter “Services”) for Spring Park and for the City of Spring Park to pay for those Services, subject to the following terms and conditions. 2. Scope and Quality of Services – The level and quality of Services rendered to the City of Spring Park by the City of Orono shall be the same as the service rendered in the City of Orono, except as hereinafter stated. The Services shall include the investigation of the lift stations, the sewer collection system, the water distribution system, and the municipal water plant and, when there is an immediate necessity, the maintenance and repair of said lift stations, systems and the plant. The Services shall be performed by the City of Orono’s Public Works Personnel or, where essential, by independent contractors of the City of Orono. 3. Administration Procedures – The purpose of this section is to clarify the responsibilities of each participant and to establish procedures for performing the Services. a. Responsibilities of the City of Spring Park i. Maintain and make available to the City of Orono all information necessary to perform the Services. ii. Pay to the City of Orono all amounts due hereunder in a timely fashion, together with the cost of repair parts and material supplied by Orono and the charges of independent contractors of the City of Orono. iii. Train Orono personnel, to the extent deemed necessary by the City of Spring Park, at a time to be agreed upon by both cities. Training of persons performing Services for the City of Spring Park shall be the responsibility of the City of Spring Park, or its consultants, and regular time rates shall be paid by the City of Spring Park to the City of Orono for personnel training hours. b. Responsibilities of the City of Orono i. Perform all investigation and maintenance of lift stations, the sewer collection system, the water distribution system, and the municipal water plant as necessary and, subject to the requirements of this paragraph, do routine repairs or contract for repairs up to $10,000 without additional specific authority from the City of Spring Park. All such investigation and maintenance shall be performed only in response to emergency call outs, except in cases where the City of Orono determines, in the exercise of prudent judgment, that immediate maintenance or repairs are required. Non-emergency maintenance or repairs shall be deferred such that they may be performed by employees or contractors of the City of Spring Park during their regular working hours to the extent reasonable under the circumstances. ii. Provide investigation reports, time sheets, invoices, receipts, and other information for the permanent records kept by the City of Spring Park. iii. At the request of the City of Spring Park, and in response to emergency call out situations, investigate all work done on lift stations, the sewer collection system, the water distribution system, and the municipal water plant performed by others. iv. The above services will be provided by the City of Orono to the City of Spring Park on an emergency call out basis as requested by the City of Spring Park for the following situations: a. Regular standby service every other weekend alternating with the current Spring Park utility service employee (not applicable with a contractor); b. During the vacation time of any Spring Park utility service employee or contractor (not to exceed three weeks per year); c. During the illness of any Spring Park utility service employee or contractor (not to exceed seven consecutive days per instance); d. During a transition period due to the retirement or replacement of any Spring Park utility service employee (not to exceed 90 days per year). 4. Administration Responsibility – Services rendered to the City of Spring Park shall be performed in a good and workmanlike manner under the direction of the City of Orono. The manner and means of performing the services are to be determined by the City of Orono, except as specifically provided to the contrary in this agreement. The City of Orono shall submit to the City of Spring Park a monthly report of services rendered and charges due in such detail as the City of Spring Park may reasonably require, as well as periodic suggestions related to the services. 5. Personnel, Employees of the City of Orono – The City of Orono shall assume all obligations with regard to the salary, workers compensation, PERA, withholding tax, health insurance, and other benefits of its employees providing Services to the City of Spring Park under this Agreement. The City of Spring Park shall not be considered or deemed to be the employer of any Orono employees providing Services under this Agreement and shall have none of the responsibilities or obligations which arise out of the employer-employee relationship with respect to personnel assigned by the City of Orono to provide Services hereunder. 6. Cooperation and Assistance – The City of Spring Park shall provide full cooperation and assistance to the City of Orono, its agents and employees in rendering of these Services. 7. Effective Date of Service – The effective date for this Agreement shall be the 28th day of June 2016 and this Agreement shall continue indefinitely until terminated as provided in paragraph 8. 8. Termination of Agreement – This Agreement shall continue in full force and effect until terminated by either party. Notice of termination may be submitted in writing by either party to the other party. If notice of termination is properly given, this Agreement shall terminate as of the date set forth in the notice, which shall not in any event be less than 60 days from the date of said notice. Any amounts due to the City of Orono shall become immediately due and payable on the date this Agreement terminates. 9. Cost to the City of Spring Park – For and in consideration of the provision of the Services, the City of Spring Park shall make payments to the City of Orono as follows: a. Straight time rates will apply for all Services rendered between the hours of 7:00 a.m. – 3:30 p.m. Monday through Friday, excluding holidays. Straight time rate: See Exhibit A b. Overtime rates will apply for all Services rendered during hours other than as noted in paragraph 9(a) and 9(c). Overtime rate: See Exhibit A c. Holiday rates will apply for all services rendered on holidays as set forth in the then current City of Orono personnel policy manual. Holiday rate: See Exhibit A d. In addition to the payments required above, the City of Spring Park shall pay a charge for fixed costs. The fixed cost for standby personnel is set forth in Exhibit A. e. The City of Orono may also charge its standard rates for equipment time for equipment used in providing the Services. All rates are subject to annual Cost-of-Living change as approved by the Orono City Council in December for the following year, without further written agreement of the parties. The City of Orono shall bill the City of Spring Park within 15 days after the last day of each month for which services were rendered, and the City of Spring Park shall remit payment thereon by the first day of the month following receipt of the bill. 10. Insurance – The City of Orono shall maintain workers compensation insurance as required by law and personal and public liability insurance in the amount of not less than $1,000,000 per occurrence and such insurance shall name the City of Spring Park as an additional insured. The City of Orono shall furnish the City of Spring Park with a certificate of insurance as to the policies in force. In addition, the City of Orono shall require any independent contractors providing services in the City of Spring Park to procure and maintain insurance with limits of liability not less than those provided herein and name the City of Spring Park as an additional insured. 11. Distribution of Property – Any property belonging to or acquired by any party shall remain the property of that party, until and unless ownership of the property is transferred by sale, donation, or other means memorialized in writing. 12. Indemnification – Each party shall defend and hold harmless the other party from any claims arising from any act or omission on the part of its own officers, employees, agents, contractors or representatives pursuant to this Agreement, including any attorney's fees and expenses incurred in defending any such claim. Nothing herein shall change or waive liability limits established under Minn. Stat. Ch. 466. The limits of liability for both parties may not be added together to increase the maximum statutory liability limits for any party. 13. Miscellaneous a. Non-Discrimination. The parties are committed to the policy that all persons shall have equal access to its programs, facilities, and employment without regard to race, color, creed, religion, national origin, sex, age, marital status, or sexual orientation. b. Data Practices. Both parties shall comply with the Minnesota Government Data Practices Act. The City of Orono shall be the Responsible Authority and Compliance Official for any requests for data arising out of this Agreement or services performed hereunder. The City of Spring Park shall immediately forward any request for data arising out of this Agreement to the City of Orono. c. Relationship of the Parties. Nothing in this Agreement will be deemed to create an agency, employment, partnership or fiduciary relationship between the Parties. No party is the representative of another party for any purpose and no party has the power or authority to represent, act for, bind or otherwise create or assume any obligation on behalf of another party for any purpose whatsoever. d. Applicable Laws. This Agreement shall be interpreted under and in accordance with the laws of the State of Minnesota. e. Assignment. Neither party to this Agreement may assign its interest in the Agreement without prior written approval of the other party and subject to such conditions and provisions as the other party may deem necessary. f. Entire Agreement. This Agreement shall constitute the entire agreement of the parties and shall supersede all oral agreements and negotiations between the parties relating to the subject matter herein. g. Amendment. Any amendments, deletions, or waivers of the provisions of this Agreement shall be valid only when reduced to writing and signed by the parties. h. Severability. If any term of this Agreement is found to be void or invalid, such invalidity shall not affect the remaining terms of this Agreement, which shall continue in full force and effect. IN WITNESS WHEREOF, the parties have executed this agreement effective the date written above. City of Orono Date: _________________________ __________________________________________ Mayor Date: _________________________ __________________________________________ City Clerk City of Spring Park Date: _________________________ __________________________________________ Mayor Date: _________________________ __________________________________________ City Clerk EXHIBIT A 2016 Rates for Services Straight time rate: Public Works Supervisor - $47.57 per hour Maintenance Worker - $38.74 per hour Over-time rate: Public Works Supervisor - $59.40 per hour Maintenance Worker - $46.44 per hour Holiday rate: Public Works Supervisor - $59.40 per hour Maintenance Worker - $46.44 per hour Fixed cost charge: $59.40 per day REQUEST FOR COUNCIL ACTION Date: July 25, 2016 Item No. 11 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 106812 to 105621, totaling $335,809.05. Noteworthy payments include: Bond Trust Services $ 88,634.39 Interest payments for the series 2010A and 2014A bonds. US Bank $ 53,863.75 Interest payment for the series 2008A bonds. Orono Baseball Association $ 2,000.00 Fence repairs at Bederwood Park. Cost was shared with the baseball association. COUNCIL ACTION REQUESTED Motion to approve payment of the claims list as presented. City of Orono Check Register - COUNCIL REPORT Page: 1 Check Issue Dates: 7/12/2016 - 7/25/2016 Jul 20, 2016 11:45AM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount Advanced Imaging Solutions 07/25/2016 105539 106812 101-41900-401 printer maint contract 7/10 to 8/9 Central Services 111.96 Advanced Imaging Solutions 07/25/2016 105539 106812 101-42110-401 printer maint contract 7/10 to 8/9 Police Department 111.96 Advanced Imaging Solutions 07/25/2016 105539 106812 602-49450-401 printer maint contract 7/10 to 8/9 Sewer 55.98 Total 105539:279.90 AMERICAN TIRE DISTRIBUTOR 07/25/2016 105540 77372072 101-42110-402 tires #236 Police Department 552.60 Total 105540:552.60 BERTELSON ONE SOURCE 07/25/2016 105541 211878-1 101-41900-201 office supplies Central Services 79.79 BERTELSON ONE SOURCE 07/25/2016 105541 214007-1 101-41900-201 office supplies Central Services 183.92 Total 105541:263.71 BLUE CROSS BLUE SHIELD OF 07/25/2016 105542 70616 101-21706 Health insurance 37,123.76 BLUE CROSS BLUE SHIELD OF 07/25/2016 105542 70616 101-15998 Cobra 4,030.00 BLUE CROSS BLUE SHIELD OF 07/25/2016 105542 70616 101-42110-135 Disability continuation Police Department 594.00 Total 105542:41,747.76 BOND TRUST SERVICES 07/25/2016 105543 30642 321-47000-611 Interest 2010A 37,121.88 BOND TRUST SERVICES 07/25/2016 105543 30643 322-47000-611 Interest 2014A 51,512.51 Total 105543:88,634.39 BROCK WHITE COMPANY LLC 07/25/2016 105544 12678410-00 651-49910-227 erosion mat Storm Water 214.50 Total 105544:214.50 BUDGET PRINTING 07/25/2016 105545 2078 101-42110-352 no parking signs Police Department 30.79 BUDGET PRINTING 07/25/2016 105545 2119 101-42110-201 envelopes Police Department 86.17 Total 105545:116.96 BY THE YARD INC 07/12/2016 105534 57293 237-45690-489 GC benches Golf Course Improvement 1,768.47 Total 105534:1,768.47 CAMPBELL KNUTSON 07/25/2016 105546 2717-000G1 602-49450-307 Sewer easement Sewer 186.00 City of Orono Check Register - COUNCIL REPORT Page: 2 Check Issue Dates: 7/12/2016 - 7/25/2016 Jul 20, 2016 11:45AM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount CAMPBELL KNUTSON 07/25/2016 105546 2717-000G1 101-41600-307 General legal review Law/Legal Services 970.15 CAMPBELL KNUTSON 07/25/2016 105546 2717-000G1 101-43290-800 litigation Special Projects-Contingencies 93.00 CAMPBELL KNUTSON 07/25/2016 105546 2717-000G1 101-41600-307 Council communications Law/Legal Services 232.50 CAMPBELL KNUTSON 07/25/2016 105546 2717-000G1 101-41600-307 escrow agreement draft Law/Legal Services 372.00 CAMPBELL KNUTSON 07/25/2016 105546 2717-000G1 101-42110-307 Law enforcement contract Police Department 139.50 CAMPBELL KNUTSON 07/25/2016 105546 2717-004G1 101-42110-307 Police matters Police Department 46.50 CAMPBELL KNUTSON 07/25/2016 105546 2717-150G6 101-43290-800 litigation Special Projects-Contingencies 142.88 CAMPBELL KNUTSON 07/25/2016 105546 2717-201G4 101-41600-307 misc recordings Law/Legal Services 460.39 CAMPBELL KNUTSON 07/25/2016 105546 2717-253G6 101-43280-307 13-3626 Pine View Special Services 100.00 CAMPBELL KNUTSON 07/25/2016 105546 2717-328G1 406-48706-307 1735 Fagerness Pt hazardous bldg 687.98 CAMPBELL KNUTSON 07/25/2016 105546 2717-347G1 225-45200-510 Hackberry Park 420.00 CAMPBELL KNUTSON 07/25/2016 105546 2717-348G1 101-43280-307 15-3723 405 North Arm Dr Special Services 50.00 CAMPBELL KNUTSON 07/25/2016 105546 2717-360G1 601-16500 Land purchase 31.00 CAMPBELL KNUTSON 07/25/2016 105546 2717-416G3 406-48706-307 3907 Cherry Ave hazardous bldg 856.10 CAMPBELL KNUTSON 07/25/2016 105546 2717-417G2 101-43280-307 16-3822 3245 Wayzata Blvd Special Services 100.00 CAMPBELL KNUTSON 07/25/2016 105546 2717-422G1 101-43280-307 16-3828 2940 6th Ave Special Services 75.00 CAMPBELL KNUTSON 07/25/2016 105546 2717-423G1 101-43280-307 16-3830 1255 Dickenson St Special Services 175.00 CAMPBELL KNUTSON 07/25/2016 105546 2717-424G1 101-43280-307 16-3827 2535 Shadywood Rd Special Services 100.00 CAMPBELL KNUTSON 07/25/2016 105546 2717-425G1 101-43280-307 16-3826 895 Tonkawa Special Services 75.00 CAMPBELL KNUTSON 07/25/2016 105546 2717-426G1 101-43280-307 16-3842 425/595 Old Crystal Bay Rd Special Services 100.00 CAMPBELL KNUTSON 07/25/2016 105546 2717-800G1 101-42400-307 B&Z staff meetings Building & Zoning 1,147.00 CAMPBELL KNUTSON 07/25/2016 105546 2717-801G1 101-41600-307 Council meetings Law/Legal Services 976.50 CAMPBELL KNUTSON 07/25/2016 105546 2717-802G1 101-42400-307 B&Z assistance Building & Zoning 1,226.00 CAMPBELL KNUTSON 07/25/2016 105546 2717-803G9 101-41600-307 Ordinances Law/Legal Services 93.00 Total 105546:8,855.50 CANVAS SOLUTIONS INC 07/25/2016 105547 71916 101-42110-416 software for firearms training tracking Police Department 372.00 Total 105547:372.00 CARDMEMBER SERVICE 07/25/2016 105548 CF70816 101-42110-331 parking-MN Govt Center Police Department 5.00 CARDMEMBER SERVICE 07/25/2016 105548 CF71816 101-42110-439 Westonka meeting-Paypal Police Department 80.00 CARDMEMBER SERVICE 07/25/2016 105548 JL70716 101-41300-489 welcome PW supervisor-Panera Administration 43.42 CARDMEMBER SERVICE 07/25/2016 105548 RO61616 237-45690-489 Benches-By the Yard Golf Course Improvement 1,178.98 CARDMEMBER SERVICE 07/25/2016 105548 SO71116 101-45200-223 erosion matting-Site One Parks 224.20 Total 105548:1,531.60 CEMSTONE 07/25/2016 105549 1646611 101-45200-404 concrete for parks Parks 130.50 City of Orono Check Register - COUNCIL REPORT Page: 3 Check Issue Dates: 7/12/2016 - 7/25/2016 Jul 20, 2016 11:45AM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount Total 105549:130.50 CHESTNUT CAMBRONNE PA 07/25/2016 105550 142958 101-41600-306 conflict prosecution Law/Legal Services 1,848.00 Total 105550:1,848.00 CHUNKS LAKESHORE AUTO 07/25/2016 105551 13942 101-42110-402 #236 oil change, tires Police Department 112.69 CHUNKS LAKESHORE AUTO 07/25/2016 105551 13963 231-45650-402 2009 Escalade repair 63.24 Total 105551:175.93 CHURCH, JOHN 07/25/2016 105552 71416 101-22205 Escrow refund 2013-01028 2,500.00 Total 105552:2,500.00 CITY OF LONG LAKE 07/25/2016 105553 201380 601-49400-387 2nd Qtr Water Water 2,098.75 CITY OF LONG LAKE 07/25/2016 105553 201380 602-49450-387 2nd Qtr sewer Sewer 1,633.20 CITY OF LONG LAKE 07/25/2016 105553 201381 601-49400-387 1st Qtr Water Water 923.85 CITY OF LONG LAKE 07/25/2016 105553 201381 602-49450-387 1st Qtr sewer Sewer 1,612.80 Total 105553:6,268.60 CITY OF MINNETONKA BEACH 07/25/2016 105554 70716 602-49450-387 2nd Qtr service Sewer 116.00 Total 105554:116.00 City of Orono Utilities 07/25/2016 105555 63016 101-41900-382 City Hall 2nd Qtr UB Central Services 340.56 City of Orono Utilities 07/25/2016 105555 63016 101-42110-382 PD 2nd 1st UB Police Department 340.55 City of Orono Utilities 07/25/2016 105555 63016 101-41900-382 Post Office 2nd Qtr UB Central Services 157.69 City of Orono Utilities 07/25/2016 105555 63016 601-49400-382 Water Plant 2nd Qtr UB Water 280.89 City of Orono Utilities 07/25/2016 105555 63016 101-41900-382 PW 2nd Qtr UB Central Services 268.37 Total 105555:1,388.06 CITY OF WAYZATA 07/25/2016 105556 71216 601-49400-387 2nd Quarter water Water 5,665.69 CITY OF WAYZATA 07/25/2016 105556 71216 602-49450-387 2nd Quarter sewer Sewer 11,629.38 Total 105556:17,295.07 City of Orono Check Register - COUNCIL REPORT Page: 4 Check Issue Dates: 7/12/2016 - 7/25/2016 Jul 20, 2016 11:45AM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount COMMERCIAL ASPHALT 07/25/2016 105557 160630 101-43000-224 street materials Public Works Department 1,786.29 Total 105557:1,786.29 DELTA DENTAL 07/25/2016 105558 6566315 101-21709 003722072 Aug Dental 2,290.50 DELTA DENTAL 07/25/2016 105558 6566315 101-15998 003722072 Aug Cobra 484.00 Total 105558:2,774.50 DIANE TIEGS 07/25/2016 105559 70716 101-41300-489 reimb food for welcome Administration 7.51 DIANE TIEGS 07/25/2016 105559 71216 101-41410-439 reimb food for election training Elections 26.97 Total 105559:34.48 FINANCE AND COMMERCE 07/25/2016 105560 742782084 101-41900-352 Hunter and Tamarack construction ad Central Services 176.49 Total 105560:176.49 FRANZEL, JAMES 07/25/2016 105561 71416 999-10015 Utility refund 31.53 Total 105561:31.53 G & K SERVICES 07/25/2016 105562 1006790034 101-41900-404 council chambers mats Central Services 10.80 G & K SERVICES 07/25/2016 105562 1006790035 101-41900-404 city hall mats Central Services 21.92 Total 105562:32.72 GENUINE PARTS COMPANY/NA 07/25/2016 105563 324752 101-43000-221 repair parts Public Works Department 670.68 GENUINE PARTS COMPANY/NA 07/25/2016 105563 325314 602-49450-403 battery Sewer 327.00 Total 105563:997.68 GOLF MAX 07/25/2016 105564 195663 101-45210-095 tees Golf Course 236.78 Total 105564:236.78 GONYEA HOMES 07/25/2016 105565 71416 101-22205 Escrow refund 2014-00771 10,000.00 Total 105565:10,000.00 City of Orono Check Register - COUNCIL REPORT Page: 5 Check Issue Dates: 7/12/2016 - 7/25/2016 Jul 20, 2016 11:45AM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount HANNAFORD, ELIZABETH 07/25/2016 105566 71816 999-10015 Utility refund 97.23 Total 105566:97.23 HENNEPIN COUNTY INFOR TE 07/25/2016 105567 1000078512 101-42110-414 radio lease and MDC billing Police Department 2,009.53 Total 105567:2,009.53 HENNEPIN COUNTY INFOR TE 07/25/2016 105568 1000078543 101-43000-240 radio admin fee Public Works Department 55.74 Total 105568:55.74 JACKIE YOUNG 07/25/2016 105569 71516 101-41300-319 CC meeting 6/13, 6/27 Administration 355.00 JACKIE YOUNG 07/25/2016 105569 71516 101-42400-319 PC meeting 6/20/16 Building & Zoning 240.00 Total 105569:595.00 LAKESCAPE LLC 07/25/2016 105570 203 101-45200-404 Beach weed removal Parks 632.50 Total 105570:632.50 LEXISNEXIS RISK SOLUTIONS 07/25/2016 105571 1297291-201 101-42110-311 Jun Contract fee Police Department 126.50 Total 105571:126.50 LONG LAKE TRUE VALUE 07/25/2016 105572 B339990 101-45200-223 supplies Parks 18.07 Total 105572:18.07 MANSFIELD OIL COMPANY 07/25/2016 105573 545649 101-43000-212 Diesel Public Works Department 402.98 MANSFIELD OIL COMPANY 07/25/2016 105573 545650 101-42110-212 Fuel PD Police Department 2,347.00 Total 105573:2,749.98 METRO WEST INSPECTIONS S 07/25/2016 105574 70816 101-42400-310 Jun inspection services Building & Zoning 7,287.50 Total 105574:7,287.50 MEYERS OUTDOOR SERVICES 07/25/2016 105575 4375 101-45200-404 June service Parks 2,225.00 City of Orono Check Register - COUNCIL REPORT Page: 6 Check Issue Dates: 7/12/2016 - 7/25/2016 Jul 20, 2016 11:45AM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount Total 105575:2,225.00 MIDWEST COCA COLA BOTTLI 07/25/2016 105576 178082818 101-45210-092 beverages Golf Course 188.16 Total 105576:188.16 MINNEAPOLIS OXYGEN COMP 07/25/2016 105577 171155792 101-43000-221 acetylene, oxygen Public Works Department 24.30 MINNEAPOLIS OXYGEN COMP 07/25/2016 105577 171155793 101-42110-221 oxygen Police Department 24.30 MINNEAPOLIS OXYGEN COMP 07/25/2016 105577 171155794 101-42110-221 oxygen Police Department 21.30 Total 105577:69.90 MINNESOTA EQUIPMENT 07/25/2016 105578 46070 101-43000-240 chainsaw Public Works Department 619.95 MINNESOTA EQUIPMENT 07/25/2016 105578 46303 101-45210-212 lube Golf Course 16.89 MINNESOTA EQUIPMENT 07/25/2016 105578 46438 101-45210-221 chain for saw Golf Course 20.95 Total 105578:657.79 MN DEPT OF HEALTH 07/25/2016 105579 63016 601-20802 2nd Qtr Water test fee 1,618.00 Total 105579:1,618.00 MN DEPT OF REVENUE-WIRE 07/25/2016 105580 63016 101-34210 Jun sales tax 6.00 MN DEPT OF REVENUE-WIRE 07/25/2016 105580 63016 101-37910 Jun sales tax 1,473.00 MN DEPT OF REVENUE-WIRE 07/25/2016 105580 63016 101-37920 Jun sales tax 613.00 MN DEPT OF REVENUE-WIRE 07/25/2016 105580 63016 101-37930 Jun sales tax 106.00 MN DEPT OF REVENUE-WIRE 07/25/2016 105580 63016 101-37935 Jun sales tax 58.00 MN DEPT OF REVENUE-WIRE 07/25/2016 105580 63016 101-37940 Jun sales tax 28.00 MN DEPT OF REVENUE-WIRE 07/25/2016 105580 63016 101-37960 Jun sales tax 23.00 MN DEPT OF REVENUE-WIRE 07/25/2016 105580 63016 101-37970 Jun sales tax 8.00 MN DEPT OF REVENUE-WIRE 07/25/2016 105580 63016 101-37990 Jun sales tax 71.00 Total 105580:2,386.00 MP TECHNOLOGIES LLC 07/25/2016 105581 2101080 703-49960-379 light pole replacement 12,834.29 MP TECHNOLOGIES LLC 07/25/2016 105581 2101081 101-43000-224 spare light pole-Navarre Public Works Department 6,900.00 Total 105581:19,734.29 City of Orono Check Register - COUNCIL REPORT Page: 7 Check Issue Dates: 7/12/2016 - 7/25/2016 Jul 20, 2016 11:45AM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount MTI DIST CO 07/25/2016 105582 1044487-00 101-45210-223 credit for return Golf Course 95.59- MTI DIST CO 07/25/2016 105582 1066497-00 101-45210-223 repair parts Golf Course 553.00 MTI DIST CO 07/25/2016 105582 1070813-00 101-45210-221 credit for return Golf Course 544.96- MTI DIST CO 07/25/2016 105582 1074455-000 101-45210-223 repair parts Golf Course 162.70 MTI DIST CO 07/25/2016 105582 1076484-00 101-45210-223 flag stick Golf Course 31.92 MTI DIST CO 07/25/2016 105582 1077661-00 101-45210-223 credit for return Golf Course 30.30- MTI DIST CO 07/25/2016 105582 1077671-00 101-45210-223 flag stick Golf Course 69.19 MTI DIST CO 07/25/2016 105582 1078362-00 101-45210-404 pump service Golf Course 230.00 Total 105582:375.96 MUNICIPAL CODE CORPORATI 07/25/2016 105583 272812 101-41900-319 annual code internet fee Central Services 950.00 Total 105583:950.00 NAVARRE HARDWARE 07/25/2016 105584 292885 101-42110-221 supplies Police Department 5.67 NAVARRE HARDWARE 07/25/2016 105584 292975 101-45200-223 pruner Parks 9.99 NAVARRE HARDWARE 07/25/2016 105584 293150 601-49400-221 supplies Water 35.96 NAVARRE HARDWARE 07/25/2016 105584 293197 601-49400-227 supplies Water 6.99 NAVARRE HARDWARE 07/25/2016 105584 293791 101-43000-221 supplies Public Works Department 17.96 NAVARRE HARDWARE 07/25/2016 105584 295115 101-43000-221 supplies Public Works Department 6.86 NAVARRE HARDWARE 07/25/2016 105584 295432 602-49450-227 keys Sewer 3.98 NAVARRE HARDWARE 07/25/2016 105584 295564 101-45210-223 supplies Golf Course 12.96 NAVARRE HARDWARE 07/25/2016 105584 295582 601-49400-227 supplies Water 4.99 Total 105584:105.36 NEWEGG INC 07/25/2016 105585 1201967939 101-41900-221 power inverter Central Services 49.99 Total 105585:49.99 NORLINGS 07/25/2016 105586 31696 101-45200-223 Tower park topsoil Parks 632.00 Total 105586:632.00 NORTHERN DEWATERING INC 07/25/2016 105587 33423 651-49910-227 thread Storm Water 35.95 Total 105587:35.95 O SULLIVANS HOLIDAY 546 07/25/2016 105588 63016 101-42110-402 car wash Police Department 15.50 City of Orono Check Register - COUNCIL REPORT Page: 8 Check Issue Dates: 7/12/2016 - 7/25/2016 Jul 20, 2016 11:45AM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount O SULLIVANS HOLIDAY 546 07/25/2016 105588 63016 101-42110-212 fuel Police Department 455.92 Total 105588:471.42 O SULLIVANS HOLIDAY 547 07/25/2016 105589 63016 101-42110-402 car washes Police Department 209.70 O SULLIVANS HOLIDAY 547 07/25/2016 105589 63016 101-42110-212 fuel Police Department 36.48 Total 105589:246.18 OFFICE DEPOT 07/25/2016 105590 8488411790 101-42110-201 office supplies Police Department 95.43 OFFICE DEPOT 07/25/2016 105590 8488412470 101-42110-201 office supplies Police Department 18.89 Total 105590:114.32 OFFICE DEPOT 07/25/2016 105591 8492554460 101-41900-221 monitor PW Central Services 111.59 Total 105591:111.59 OKEY, DAPHNE 07/25/2016 105592 70616 614-49840-319 meeting video production 4/11 to 6/27 Cable Franchise 455.00 Total 105592:455.00 OPTUM 07/25/2016 105593 942243 101-41900-319 HSA account maintenance fee Central Services 155.25 Total 105593:155.25 ORONO BASEBALL ASSOCIATI 07/25/2016 105594 62416 101-45200-404 Bederwood repairs Parks 2,000.00 Total 105594:2,000.00 OTTEN BROTHERS 07/25/2016 105595 50616 651-49910-404 tree 2695 Kelley Ave Storm Water 490.00 Total 105595:490.00 PERET, ZIGMUND 07/25/2016 105596 71516 101-22205 Escrow refund 2014-00287/2014-00358 2,500.00 Total 105596:2,500.00 PIRTEK 07/25/2016 105597 2313526 101-45210-221 mower repair parts Golf Course 91.24 City of Orono Check Register - COUNCIL REPORT Page: 9 Check Issue Dates: 7/12/2016 - 7/25/2016 Jul 20, 2016 11:45AM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount Total 105597:91.24 PRAIRIE RESTORATIONS INC 07/25/2016 105598 2155 101-45200-404 French Creek Park mowing Parks 280.00 Total 105598:280.00 PUMP AND METER SERVICE IN 07/25/2016 105599 74606 101-43000-404 pump repair Public Works Department 195.00 Total 105599:195.00 QUALITY FLOW SYSTEMS INC 07/25/2016 105600 32204 602-49450-406 LS 1 repair Sewer 1,451.50 Total 105600:1,451.50 RDO EQUIPMENT 07/25/2016 105601 36732 101-43000-403 #430 repair Public Works Department 690.63 Total 105601:690.63 REED VENDING 07/25/2016 105602 9238 101-45210-094 concession supplies Golf Course 197.00 REED VENDING 07/25/2016 105602 9239 101-45210-094 concession supplies Golf Course 91.60 Total 105602:288.60 RITEWAY BUSINESS FORMS 07/25/2016 105603 16-354420 101-41900-201 laser checks Central Services 352.48 Total 105603:352.48 SECURITY & SOUND CO 07/25/2016 105604 16519 101-42110-401 AV repairs PD Police Department 1,084.00 Total 105604:1,084.00 SELECT ACCOUNT 07/25/2016 105605 70716 101-41900-319 participant fee Central Services 90.00 Total 105605:90.00 SELECT ACCOUNT 07/25/2016 105606 71916 101-21719 FLEX 2,965.00 Total 105606:2,965.00 City of Orono Check Register - COUNCIL REPORT Page: 10 Check Issue Dates: 7/12/2016 - 7/25/2016 Jul 20, 2016 11:45AM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount STEINBACK, DARIK 07/25/2016 105607 71216 999-10015 Utility refund 38.52 Total 105607:38.52 STREICHERS POLICE EQUIP 07/25/2016 105608 1212317 101-42110-226 Sturm uniforms Police Department 90.00 STREICHERS POLICE EQUIP 07/25/2016 105608 1212441 101-42110-226 Beniek uniforms Police Department 12.00 STREICHERS POLICE EQUIP 07/25/2016 105608 1212462 101-42110-226 Needham uniforms Police Department 99.18 STREICHERS POLICE EQUIP 07/25/2016 105608 1213527 101-42110-226 Fischer uniforms Police Department 72.00 STREICHERS POLICE EQUIP 07/25/2016 105608 1213722 101-42110-226 Carstens uniforms Police Department 220.00 STREICHERS POLICE EQUIP 07/25/2016 105608 1213762 101-42110-226 Beniek uniforms Police Department 145.00 STREICHERS POLICE EQUIP 07/25/2016 105608 1213862 101-42110-226 Swanson uniforms Police Department 56.99 STREICHERS POLICE EQUIP 07/25/2016 105608 1213864 101-42110-226 Sturm uniforms Police Department 44.99 STREICHERS POLICE EQUIP 07/25/2016 105608 1214032 101-42110-226 Carstens uniforms Police Department 1,207.50 STREICHERS POLICE EQUIP 07/25/2016 105608 1214047 101-42110-226 Schoenherr uniforms Police Department 1,072.50 STREICHERS POLICE EQUIP 07/25/2016 105608 1214121 101-42110-226 Szczepanik uniforms Police Department 150.99 STREICHERS POLICE EQUIP 07/25/2016 105608 1214123 101-42110-226 Needham uniforms Police Department 150.99 STREICHERS POLICE EQUIP 07/25/2016 105608 1214251 101-42110-226 Fournier uniforms Police Department 235.99 STREICHERS POLICE EQUIP 07/25/2016 105608 1214425 101-42110-226 Carstens uniforms Police Department 18.00 STREICHERS POLICE EQUIP 07/25/2016 105608 1214901 101-42110-226 Szczepanik uniforms Police Department 72.00 STREICHERS POLICE EQUIP 07/25/2016 105608 1215709 101-42110-226 Beniek uniforms Police Department 96.99 STREICHERS POLICE EQUIP 07/25/2016 105608 1215738 101-42110-550 #224 setup Police Department 6,841.83 STREICHERS POLICE EQUIP 07/25/2016 105608 1215742 101-42110-226 Datwyler uniforms Police Department 61.99 STREICHERS POLICE EQUIP 07/25/2016 105608 1215745 101-42110-550 #247 setup Police Department 2,479.89 STREICHERS POLICE EQUIP 07/25/2016 105608 1216335 101-42110-226 Sonnek uniforms Police Department 192.99 STREICHERS POLICE EQUIP 07/25/2016 105608 1216638 101-42110-226 McCoy uniforms Police Department 34.99 STREICHERS POLICE EQUIP 07/25/2016 105608 1216760 101-42110-226 Stensrud uniforms Police Department 129.99 STREICHERS POLICE EQUIP 07/25/2016 105608 CM273599 101-42110-226 credit for return Police Department 44.99- Total 105608:13,441.81 SWANSON, JOSEPH 07/25/2016 105609 71916 999-10015 Utility refund 14.66 Total 105609:14.66 T W TUPY INC 07/25/2016 105610 7052016 101-43000-224 limestone/river rock Public Works Department 2,063.86 T W TUPY INC 07/25/2016 105610 7052016 651-49910-404 limestone/river rock Storm Water 2,063.85 Total 105610:4,127.71 THORPE DIST CO 07/25/2016 105611 11100172 101-45210-091 beer Golf Course 220.25 City of Orono Check Register - COUNCIL REPORT Page: 11 Check Issue Dates: 7/12/2016 - 7/25/2016 Jul 20, 2016 11:45AM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount Total 105611:220.25 TRI CITY LAB 07/25/2016 105612 63016 601-49400-489 water testing Water 86.00 TRI CITY LAB 07/25/2016 105612 63016B 601-49400-489 water testing Water 31.50 Total 105612:117.50 UNITED STATES POSTAL SERV 07/12/2016 105532 71216 601-49400-322 2nd Qtr Utility Bills Water 58.88 UNITED STATES POSTAL SERV 07/12/2016 105532 71216 602-49450-322 2nd Qtr Utility Bills Sewer 323.83 UNITED STATES POSTAL SERV 07/12/2016 105532 71216 651-49910-322 2nd Qtr Utility Bills Storm Water 323.82 Total 105532:706.53 US BANK CM9690 07/12/2016 105533 4226052 319-47000-620 GO Street Recon Bonds 2008A 450.00 Total 105533:450.00 US BANK WIRE 07/25/2016 105613 62016 319-47000-611 Interest 2008A 53,863.75 Total 105613:53,863.75 VALLEY RICH CO 07/25/2016 105614 22949 602-49450-406 680 Willow Dr Sewer 4,734.40 Total 105614:4,734.40 VERIZON WIRELESS 07/25/2016 105615 9768227029 101-42110-321 7/07 to 8/06 Police Department 1,453.84 VERIZON WIRELESS 07/25/2016 105615 9768227029 101-41900-321 7/07 to 8/06 Central Services 154.29 VERIZON WIRELESS 07/25/2016 105615 9768227029 101-45210-321 7/07 to 8/06 Golf Course 45.51 VERIZON WIRELESS 07/25/2016 105615 9768227029 601-49400-321 7/07 to 8/06 Water 70.02 VERIZON WIRELESS 07/25/2016 105615 9768227029 602-49450-321 7/07 to 8/06 Sewer 70.02 VERIZON WIRELESS 07/25/2016 105615 9768227029 101-45210-321 7/07 to 8/06 Golf Course 330.18 VERIZON WIRELESS 07/25/2016 105615 9768227029 101-43000-415 7/07 to 8/06 Public Works Department 35.01 VERIZON WIRELESS 07/25/2016 105615 9768227029 101-42110-321 credit Police Department 22.17- Total 105615:2,136.70 WASTE MANAGEMENT RECYC 07/25/2016 105616 19877-2808-603-49500-316 Recycling July 8,783.36 City of Orono Check Register - COUNCIL REPORT Page: 12 Check Issue Dates: 7/12/2016 - 7/25/2016 Jul 20, 2016 11:45AM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount Total 105616:8,783.36 WAYZATA BAY CAR WASH 07/25/2016 105617 13224 101-42110-402 car washes Police Department 10.63 Total 105617:10.63 WESTSIDE WHOLESALE TIRE 07/25/2016 105618 770247 101-43000-403 #450 tires Public Works Department 30.42 WESTSIDE WHOLESALE TIRE 07/25/2016 105618 770396 101-43000-222 #422 tires Public Works Department 25.00 Total 105618:55.42 WILLIAMS TOWING 07/25/2016 105619 139998 231-45650-436 16-7591 2005 Jeep Cherokee 155.00 Total 105619:155.00 WRIGHT HENNEPIN ELECTRIC 07/25/2016 105620 71116 602-49450-381 6/01 to 7/01 Sewer 33.22 WRIGHT HENNEPIN ELECTRIC 07/25/2016 105620 71116 101-43000-381 6/01 to 7/01 Public Works Department 96.91 Total 105620:130.13 XTREME MOBILE SMALL ENGIN 07/25/2016 105621 160712910 101-45210-403 tee mower repair Golf Course 60.00 Total 105621:60.00 Grand Totals: 335,809.05 REQUEST FOR COUNCIL ACTION Date: July 25, 2016 Item No. 12 Department Approval: Administrator Approval: Agenda Section: Name: Soren Mattick JML City Attorney’s Title: City Attorney Report Item Description: Closed Session Location. 1960 Shoreline Drive Issue. Currently, Lift Station #2 is located partially on the City’s ROW and the property owner’s lot in an area where the City does not have an easement. The City needs to acquire an easement on 1960 Shoreline Drive to maintain the current Lift Station and perform the necessary repairs/upgrades contemplated below. City Staff has been unable to acquire the necessary easement up to this point in time. Background. Lift Station #2 is a critical lift station regarding the collection of sewage from the Crystal Bay area, Weber Hills area and Heritage Lane. It then coveys that sewage into the Met Council sewer main. Under current load, the lift station can backup within 20 minutes of a loss of power. The City has had aspirations of providing a backup generator for the lift station for some time, however, was unable to acquire access to land immediately adjacent to the lift station. In the summer of 2015 the City was approached by the owners of 1955 Shoreline Drive, offering to provide space/easement for the placement of a backup generator for LS #2. In addition, in July, 2015 the City received a letter and petition from area residents requesting a backup Generator for LS #2. On September 14th, 2015 the council authorized the project to install a generator in support of LS #2. Project Scope. The project will consist of adding a permanent, natural gas driven, generator; on the south east side of CSAH 15; installing electrical distribution cabling under CSAH 15 to the existing lift station; removing the existing control panel form the North West side of the road and placing a new one next the generator; and placing a small switch panel next the lift station but within the spates avenue right of way. Status. The project plans have been completed. Easement documents have been prepared for both sites: the existing lift station site and the generator site. The owner of the 1955 Shoreline Drive have agreed to provide the necessary easement for the generator and control panel. The Owners of 1960 Shoreline Drive, site of the current Lift Station, are currently unwilling to provide and easement. Easement for 1960 Shoreline. Currently ½ of the lift station wet well, all of the existing panel and approximately 20 ft of underground force main encroach onto 1960 Shoreline Drive. The lift station was installed in the mid-1980s without and easement. 1960 Shoreline Drive is currently owned by Danial and Mary Crear. They purchased the property in 1999. The Crears’ home is at 1980 Spates avenue which is next door to 1960 Shoreline. They have owned that property since before the lift station was installed. They have not been happy that the lift station exists since its installation. Knowing that the lift station and in particular the control panel had been a long standing issue, the city included the removal of the lift station panel from their property into the project and developed a permanent easement document to cover the remaining wet well and underground pipe. Although cordial, the negotiation over that permanent easement and the construction easement necessary for access to the property to remove the panel and install the new electrical lines has been unsuccessful. The Crears would like the City to: 1. “The City of Orono will pay either a onetime fee of $10,000, or $500 per year rent going forward, for an easement to continue to use the lift station in its present position. In addition the City of Orono will pay any future incremental taxes on 1980 Spates, and 1960 Shoreline Drive, using 2016 tax year as the base for future payments. 2. No changes will be made to the lift station and surrounding property without our prior approval. 3. Plans for current modifications to lift station will be submitted to us for approval prior to commencement of changes.” The City countered with pointing out that the movement of the panel was $43000 item and offered and additional onetime payment of $1000. The counter was rejected. The project cannot proceed without the acquisition of the easement.