HomeMy WebLinkAbout07-14-2014 Council Packet PUBLIC ATTENDANCE
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V:\�LEGAL FORMS)\(FORMS�\PUBLIC ATTENDANCE.DOC
Agenda for Council Meeting Set for Monday, July 14, 2014, 7:00 P.M.
Orono Council Chambers, 2780 Kelley Parkway, Orono, MN 55356
952-249-4600 / www.ci.orono.mn.us
Roll Call
Pledge of Allegiance
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 Work Session of June 23, 2014
3. * Regular Council Meeting of June 23, 2014
Planning Commission Comments – Loren Schoenzeit, Representative
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.
Planning Department Report
4. 14-3673 Justin McCoy o/b/o Orono Public School – 685, 765, 795 & 800 Old Crystal Bay
Road N - Variances & CUP for monument signs
5. 13-3631 Todd Holmers o/b/o Landsource LLC – 3700 Northern Avenue – Vacate Easement –
(Public Hearing) – Final Plat Documents Review
6. 14-3672 Revolution Design and Build o/b/o Melodee & Kelly Marx - 3135 North Shore Drive
– Variance – (Public Hearing)
7. 14-3674 Lori Gherardi o/b/o Wolverton Place LLC- 4570 Wolverton Place – Conservation
Easement Vacation
8. Joseph Church - 4440 Forest Lake Landing – Encroachment Agreement
9. Community Development Block Grant Agreement
Public Works Director/City Engineer’s Report
10. Countryside Drive Drainage Issues
11. Pay Request No. 3 & Final - 2013 Forcemain Improvement Project
Mayor/Council Report
City Administrator's Report
12. Retirement & Recruitment
13. * Claims/Bills
City Attorney's Report
Adjournment
Agenda for Council Meeting Set for Monday, July 14, 2014, 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
Upcoming Events
2014
07/21 – Planning Commission Meeting, Monday, 6:30 p.m. (Council Liaison – Mayor, Lili McMillan)
07/28– Council Work Session, Monday, 5:00 p.m.
07/28 – Council Meeting, Monday, 7:00 p.m.
08/11– Council Meeting, Monday, 7:00 p.m.
08/12 – Primary Election
08/18 – Planning Commission Meeting, Monday, 6:30 p.m. (Council Liaison – Lizz Levang)
08/25– Council Work Session, Monday, 5:00 p.m.
08/25 – Council Meeting, Monday, 7:00 p.m.
MINUTES OF THE
ORONO CITY COUNCIL WORK SESSION
Monday, June 23, 2014
5:00 p.m.
Present: Mayor Lili McMillan, Council Members Lizz Levang and Aaron Printup; representing
Staff were City Administrator Jessica Loftus, Senior Planner Mike Gaffron, and
Finance Director Ron Olson.
Finance Director Ron Olson presented revenue and expenditure factors for consideration in the 2015
budget. He requested the Council’s input in the areas of the tax levy and spending priorities. Discussion
ensued regarding specific spending items and the consensus of the Council was to pursue a flat levy as a
base line budget then look at ‘add options’ for goals such as patching roads and parks. The budget
timeline was adjusted to approve the preliminary budget on 9/22/14. The draft budget will be
presented to the Council again at the July work session.
Mike Gaffron presented information on the B‐1 district allowed uses and noted this was
primarily intended to bring the issue forward for future consideration. Mr. Gaffron also
presented information on stormwater and drainage trunk fees. The consensus of the Council
was to pursue exploring changes to the fee structure to make it more equitable, possibly basing
new development fees on a per lot basis rather than total acreage, and possibly consider
charging redevelopment fees based on the size and impact of an addition rather than the size
of the property.
Gabriel Jabbour provided the City Council with an update on LMCD activities including public
safety on the lake.
The meeting closed at 6:50 p.m.
ATTEST:
________________________________________ _______________________________________
Rachel Dodge, City Clerk Lili Tod McMillan, Mayor
Item #02 - CC Agenda - 07/14/2014
Approval of Council Work Session Minutes 06/23/2014
[Page 1 of 1]
MINUTES OF THE
ORONO CITY COUNCIL
Monday, June 23, 2014
7:00 o’clock p.m.
_____________________________________________________________________________________
Page 1 of 30
ROLL CALL
The Orono City Council met on the above mentioned date with the following members present: Mayor
Lili Tod McMillan, Council Members Lizz Levang, and Aaron Printup. Representing Staff were City
Administrator Jessica Loftus, Finance Director Ron Olson, Community Development Director Andrew
Mack, Senior Planner Michael Gaffron , City Planner Melanie Curtis, City Attorney Soren Mattick,
Consulting City Engineer David Martini, and Recorder Jackie Young.
Mayor McMillan called the meeting to order at 7:00 p.m., followed by the Pledge of Allegiance.
APPROVAL OF AGENDA
Item Nos. 5, 6, 9, 11, 12, 13, 14, 15, and 16 were added to the Consent Agenda.
Levang moved, Printup seconded, to approve the Consent Agenda as amended. VOTE: Ayes 3,
Nays 0.
*2. CITY COUNCIL MEETING OF JUNE 9, 2014
Levang moved, Printup seconded, to approve the minutes of the Orono City Council meeting of
June 9, 2014, as submitted. VOTE: Ayes 3, Nays 0.
BIG ISLAND PARK REPORT – GABRIEL JABBOUR, CUSTODIAN
Gabriel Jabbour reported this past winter the docks for Big Island were stored closer to shore in a more
secure area to protect them from vandalism. Jabbour noted last year the docks experienced some
vandalism from people stealing the aluminum, which delayed the installation of the docks until mid-
summer.
Jabbour stated the vegetation planted on Big Island is growing and doing quite well but that some of the
plants have likely died due to the high water levels. Jabbour stated the new vegetation is fenced in with
green snow fencing to help protect it.
Jabbour stated in the coming week signs will be re-erected prohibiting motorized vehicles on certain parts
of Big Island.
Jabbour noted he frequently speaks with the Board of the Veterans for Veterans (V4V) and that he
recently met with them at the Lafayette Club to discuss their annual report. Jabbour stated the (V4V)
received $5.7 million for the park and that $5,475,098 is remaining. Out of the interest earned, $1.5
million has gone to various veterans.
McMillan commented the partnership between Orono and the Veterans for Veterans group is very unique
and that it has been a win-win situation given the public benefit the City receives as well as the help being
given to the veterans throughout the state. McMillan noted Gabriel Jabbour was instrumental in helping
the park become public land and obtaining financial aid from the state.
Item #03 - CC Agenda - 07/14/2014
Approval of Council Minutes 06/23/2014
[Page 1 of 30]
MINUTES OF THE
ORONO CITY COUNCIL
Monday, June 23, 2014
7:00 o’clock p.m.
_____________________________________________________________________________________
Page 2 of 30
PRESENTATIONS
3. LAKE MINNETONKA CONSERVATION DISTRICT (LMCD) 2015 BUDGET
Greg Nybeck, LMCD Executive Director, stated by state statute the LMCD is required to have a budget
to all 14 cities by July 1. Conditional approval by the LMCD was given to the budget on June 11, with
the final portion of the budget being approved on June 25. Nybeck indicated he has drafted a cover letter
to go out to all 14 cities later this week along with the budget.
Nybeck noted marinas are a big part of Lake Minnetonka and last September the LMCD held a meeting at
the Tonka Bay Marina regarding some updates the marina owners would like to see to some of the
language contained in the LMCD regulations. The revised language was reviewed by the LMCD in
February, followed by a number of work sessions and regular meetings.
Nybeck stated the first change is to allow dock use areas for commercial marinas to extend out to 200
feet. Nybeck noted a number of the marinas are already at 100 to 200 feet so that change will have little
impact. In addition, the marina owners requested to be exempt to providing public amenities, such as
public telephones and other items which have become outdated. Nybeck indicated the LMCD has
basically eliminated those required public amenities under the revised ordinance. Nybeck stated the final
change relates to having staff approve minor changes rather than having to appear before the Board.
Nybeck stated coming up the LMCD will be looking at some changes for yacht clubs and municipalities.
Nybeck reported the LMCD’s boater safety program has been very successful. The LMCD has been
partnering with the Water Patrol and another class is planned for this fall, with attendees ranging from 12
to 17 years of age. By attending the class, the participants obtain their youth operator’s permit, a better
knowledge of boating laws and safety best practices as well as an awareness of Lake Minnetonka and its
unique boating experience. Nybeck noted the program has been fully funded by the Save the Lake Fund.
Nybeck noted Lake Minnetonka has been experiencing high water levels for the past few months.
Currently the code reads that when the water level is above 930.00’, the executive director may, after five
days, or must after eight consecutive days, declare high water. The 930.25 mark was reached on May 13
and a high water emergency was issued. Nybeck indicated the code has a 600-foot buffer around the
entire lake, with some bays having the entire bay be a minimum wake. Nybeck stated one of the
problems the LMCD has experienced is communicating that to the general public as well as the lakeshore
property owners.
Nybeck noted that minimum wake zone was recently changed due to the unusual high water levels. On
May 4, the LMCD Board did approve a one-time emergency ordinance, which went into effect on June 4.
Nybeck stated that emergency ordinance made the entire lake a minimum wake zone. Nybeck reported
the water levels have continued to rise and are currently at 931.11’. Nybeck stated the LMCD issued a
press release in an attempt to notify the public of the minimum wake.
Nybeck stated as it relates to the AIS peace officer training, the LMCD is looking to approach the various
city councils and police chiefs to make sure that all officers are trained on AIS enforcement. Nybeck
indicated untrained officers cannot write citations and that this program is designed to help train those
officers. Nybeck stated a couple of cities have already expressed interest in the program.
Item #03 - CC Agenda - 07/14/2014
Approval of Council Minutes 06/23/2014
[Page 2 of 30]
MINUTES OF THE
ORONO CITY COUNCIL
Monday, June 23, 2014
7:00 o’clock p.m.
_____________________________________________________________________________________
Page 3 of 30
(3. LAKE MINNETONKA CONSERVATION DISTRICT (LMCD) 2015 BUDGET, Continued)
Nybeck stated the LMCD is requesting the City of Orono speak with their Police Chief to find out how
many officers have been trained on AIS enforcement. The goal is to have all officers trained by the 2015
boating season.
Nybeck stated as it relates to the LMCD budget, the levy increase is 0.6 percent and from an expenditure
standpoint there will be a 1.1 percent decrease. Nybeck noted there is a 2.0 percent increase in personnel
services. Nybeck stated one of the reasons for the overall decrease in expenditures is due to the
relocation of the LMCD offices. The portion of the budget dedicated to milfoil harvesting will remain at
$95,000. AIS reserve fund transfer of $35,000 for equipment replacement, which is a $10,000 increase
and will go towards the harvesting program. $30,000 has been allocated for AIS prevention and
management, which has not been increased.
Nybeck noted the LMCD meetings for a number of years were televised at no charge but that this year the
LMCD will be required to pay the cable producer as well as for the online services. Nybeck noted $3,300
has been allocated for that line item to make sure the meetings are available to the public.
Nybeck stated there has been a great effort since 2009 to keep the levies as flat as possible, and that the
City of Orono will be experiencing an increase of $278, which is a 0.5 percent increase.
McMillan asked what he envisions for the lake levels for the next couple of weeks and how that will
impact the harvesting.
Nybeck stated basically the milfoil harvesting program has been suspended until after July 4. Nybeck
stated in his view the higher water levels has had an impact on the growth of the milfoil and curly leaf.
McMillan asked if there will be any chemical treatments performed this year.
Nybeck indicated the Lake Minnetonka Association had planned on performing chemical treatments this
year but that he is not sure about the timing of them. Nybeck stated it was suggested to them that they
review their schedule.
McMillan asked if the LMCD has any control over the chemical treatments.
Nybeck stated to his knowledge the MN DNR has been conducting some field work to determine where
the herbicide treatments should be applied and that the LMCD is not involved in that.
McMillan asked if the LMCD is incurring any expenses with the milfoil harvesting program since it has
been suspended.
Nybeck indicated they have not incurred any expenses at this point.
McMillan noted last Saturday 13 sailboats were capsized in the bad weather. McMillan stated she will be
speaking with Chief Van Eyll about doing some debriefing among the various government entities.
McMillan stated given the serious nature of the situation, some amount of time should be spent discussing
that and how it could possibly be prevented in the future.
Item #03 - CC Agenda - 07/14/2014
Approval of Council Minutes 06/23/2014
[Page 3 of 30]
MINUTES OF THE
ORONO CITY COUNCIL
Monday, June 23, 2014
7:00 o’clock p.m.
_____________________________________________________________________________________
Page 4 of 30
(3. LAKE MINNETONKA CONSERVATION DISTRICT (LMCD) 2015 BUDGET, Continued)
Nybeck stated to his knowledge some debriefing has occurred with the yacht club.
McMillan stated had the water been colder, the boaters might not have been so lucky. McMillan stated in
those types of situations, the different groups should get together and learn from them.
Nybeck stated he could bring it up at the next LMCD board meeting.
Levang asked what some of the safety concerns the public should be aware of are with the high water
levels and what the LMCD is doing to address public safety that is different due to the high water.
Nybeck stated there was an article in the paper recently regarding items floating in the lake that typically
are not floating in the lake, such as docks and decking. Nybeck noted there was a situation in Wayzata at
the old Irwin Jacobs property where part of the dock was destroyed as a result of the straight line winds.
Nybeck stated to his knowledge the majority of the problems are with the permanent docks and that he is
not sure what else the LMCD could do to educate the public outside of encouraging people to slow their
boats down on the lake.
Printup asked what condition the milfoil harvesting equipment is in and if the LMCD has experienced any
maintenance issues.
Nybeck stated overall the equipment is in good shape but that they do experience some normal wear and
tear.
Gabriel Jabbour noted an 82-year-old gentleman was taken to the hospital with hypothermia as a result of
his sailboat capsizing and that Rich Anderson and his son pulled him out of the lake. Jabbour stated in his
view the LMCD needs to be aware of what is happening on the lake. Jabbour stated the chemical
company is extremely concerned about applying the herbicides since the water levels are over people’s
lawns and that the LMCD should be aware of that so they can help keep the public informed. Jabbour
stated he would put the information out on Facebook and the LMCD website.
Rich Anderson, Orono, stated the Orono Police Department also helped pulled the sailors from the water
as did the Water Patrol. Anderson noted Gabriel Jabbour also helped rescue someone and that they all did
a wonderful job in handling the situation.
Printup asked what the City of Orono can do to have their representative approach the LMCD about
realigning some priorities. Printup stated it seems like there is a lack of discussion or information getting
out.
McMillan stated the City Council could perhaps compile a list of priorities and send it to the LMCD.
Levang stated in her view that is a good idea and that public safety needs to be a top priority. Levang
stated she has a real concern about public safety, especially given the items floating in the lake, and that
additional water patrol officers might be needed. Levang stated the LMCD should be acting on the
Cities’ behalf and that it was fortunate that there were some bystanders to help out with the capsized
boats. Levang stated she would like to see the LMCD carry a bigger load.
Item #03 - CC Agenda - 07/14/2014
Approval of Council Minutes 06/23/2014
[Page 4 of 30]
MINUTES OF THE
ORONO CITY COUNCIL
Monday, June 23, 2014
7:00 o’clock p.m.
_____________________________________________________________________________________
Page 5 of 30
(3. LAKE MINNETONKA CONSERVATION DISTRICT (LMCD) 2015 BUDGET, Continued)
McMillan suggested the City Council work with Andrew McDermott in putting together a letter to the
LMCD Board.
The City Council took no formal action on this item.
4. MEDIACOM BUILD-OUT UPDATE
Bill Jensen, Regional Vice President, reported Mediacom has been encountering some challenges given
the higher than usual rainfall, and that out of the nine miles that were projected to be finished in 2014,
approximately 40 percent of that has been completed. Jensen stated approximately one month’s worth of
construction has been lost due to the rain.
Jensen stated he has received around five complaints regarding the build-out, with one related to a spring
that was uncovered on Spring Hill Road.
Jensen stated the middle of the map depicts the section that has already been completed and activated and
that work has started in the northeast corner of the City. By the end of this week, another three miles
should be completed. Jensen indicated the work involves some splicing in the area where the cable is
connected to the existing cable and then some hard line construction where excavation will be performed.
Jensen stated in cases where excavation will be performed or boring will be done, the residents will be
notified of the work ahead of time. Jensen indicated work on an additional 3.5 miles will also be started
later this summer.
Jensen indicated the areas highlighted in green will be completed in 2015 and consist of approximately
nine miles. Jensen stated at the time of Mediacom’s initial presentation to the City regarding the build-
out, they were proposing approximately six miles, which has since been increased. Jensen noted a few
residences will need to be moved to 2015 and will not be completed this year. Jensen noted Mediacom is
investing over $400,000 with the build-out and that they are hoping to expand their customer base.
Jensen stated in the areas that have already been completed, restoration will be completed but that it will
need to be delayed due to the weather. Jensen indicated he would be willing to speak to any residents out
in the lobby tonight if they have any concerns or they may reach him at Mediacom’s office.
Jensen stated the progress on the build-out has been good in light of the weather. Mediacom also has a
similar project in Medina that has been going on at the same time. Jensen noted Mediacom has been
adding new services and that by the late summer or early fall, they will be able to deliver internet speeds
at 305 megabits per second. Mediacom also offers a home security program and telephone service.
Levang commented she is glad the build-out has started.
Printup asked if coaxial is being laid or fiber.
Item #03 - CC Agenda - 07/14/2014
Approval of Council Minutes 06/23/2014
[Page 5 of 30]
MINUTES OF THE
ORONO CITY COUNCIL
Monday, June 23, 2014
7:00 o’clock p.m.
_____________________________________________________________________________________
Page 6 of 30
(4. MEDIACOM BUILD-OUT UPDATE, Continued)
Jensen indicated it is a combination of both. Jensen stated there are two different types of cable
construction. One is FTTP, fiber to the premise, and the other is HFC or hybrid fiber optic coaxial cable
plan. Jensen stated they run fiber optic cable as a main line and on the side streets three-quarter inch
feeder cable is run, which is the coaxial cable. Jensen indicated the HFC is the industry’s state-of-the-art
technology. Jensen noted late last fall Mediacom ran fiber directly to the Orono city hall facility.
McMillan asked if the City’s fiber is hooked up.
Loftus stated the City’s fiber is connected from Old Crystal Bay Road and that it is her belief the City was
given an end of July date to connect the building into that fiber line. Loftus stated the City has signed a
service contract for Internet to be provided over that fiber cable.
McMillan asked when he anticipates the build-out for this year will be completed.
Jensen indicated by early August they should be finished with the planned build-out for 2014. Jensen
noted there is a Minnesota state broadband fund where grant funds could perhaps be obtained from to
help extend broadband to underserved areas in Orono. Jensen stated Mediacom is looking at applying for
some funds if they are released this year and using those funds to expand service in the green areas
depicted on the map. Jensen noted there would not be any obligation from the City associated with those
funds.
Loftus noted she did receive a few communications from residents and that the City did provide
notification that this would be an agenda item tonight. Loftus indicated there may be some residents that
would like to address some of their remarks to the City Council as well as Mr. Jensen.
There were no public comments regarding this item.
The City Council took no formal action on this item.
PLANNING COMMISSION COMMENTS – CHRISTOPHER McGRANN, REPRESENTATIVE
McGrann stated he had nothing to report but would be available for questions.
PUBLIC COMMENTS
Beth Johnson, 1376 Baldur Park Road, stated she would like to thank the City Council, City Staff, and the
Public Works Department for coming to their neighborhood to see what is happening with the water.
Johnson noted she and her husband own the Navarre True Value and that they have been hired by some of
their neighbors to help protect their homes from flooding.
Johnson stated Baldur Park Road is close to Maxwell Bay Landing and North Shore Landing and that
their road is basically completely under water at the present time. Johnson displayed photographs of the
road on the overhead and the berm.
Item #03 - CC Agenda - 07/14/2014
Approval of Council Minutes 06/23/2014
[Page 6 of 30]
MINUTES OF THE
ORONO CITY COUNCIL
Monday, June 23, 2014
7:00 o’clock p.m.
_____________________________________________________________________________________
Page 7 of 30
(PUBLIC COMMENTS, Continued)
Johnson noted this morning they created what could be called a berm around a couple of the neighbors’
homes. Johnson noted the road was closed this morning but that they are still experiencing gawkers
coming down the road, which is creating wakes and causing the water to go into the homes.
Johnson stated she would like to speak with the City Council about what the City can do as well as the
community to help address this situation. Johnson indicated she is able to deliver sand, sand bags and
fabric to the area in the morning but that they are looking for help from the City. Johnson noted the cost
for the materials to construct the berm is approximately $3,000. Johnson stated she would also propose
that the Navarre parking lot be used to help stage the materials.
McMillan thanked the residents on Baldur Park Road for being calm and collected in light of the situation
and that in her view this is a project the City should become involved in. McMillan noted the neighbors
have offered to help with the project and that she has spoken with the Public Works Department to see
whether they would be able to help out with the process.
Johnson noted she is bonded and insured but that she has to be careful about what she does as a business
and how that might affect water levels in the area. Johnson stated she would like to work with the City on
this project but that she would like to have a strict boundary between what she is doing as a volunteer and
what she is doing as a business owner.
McMillan stated the Public Works Department has indicated they would be able to help place the sand on
the fabric.
Johnson stated on Friday three homes were affected and now there are 13 to 14 homes affected. Johnson
stated she would like to make sure that cars do not drive down the road and that she would like the City’s
help notifying the various garbage haulers and recyclers to not come down the road. Johnson stated the
materials have already been dropped off at their store and that the sand will be delivered around 8:00
tomorrow morning.
Printup asked where the sand will be delivered.
Johnson stated the sand cannot be dropped off on the street and that the materials will need to be staged
on the municipal parking lot. Johnson stated they would then haul in the sand on a single-axle truck to
help minimize damage to the road.
Printup commented he also was impressed with the way the residents are dealing with the situation and
that the least the City can do is approve this.
Loftus asked if the City Council is in favor of handling the sandbagging station.
McMillan stated she was going to take the issues one at a time.
Loftus stated the cost of the berm is approximately $3,000, and that she would recommend adding a
contingency of between 20 to 30 percent. Loftus indicated the City has access to 500 bags from
Hennepin County and that Ms. Johnson has offered to sell sandbags to the City at her cost. Loftus stated
the City could distribute about 1,200 bags, which would cost approximately $490.
Item #03 - CC Agenda - 07/14/2014
Approval of Council Minutes 06/23/2014
[Page 7 of 30]
MINUTES OF THE
ORONO CITY COUNCIL
Monday, June 23, 2014
7:00 o’clock p.m.
_____________________________________________________________________________________
Page 8 of 30
(PUBLIC COMMENTS, Continued)
Loftus asked what the cost of the sand is.
Johnson stated her cost is usually $18 per yard but that she put in her budget $25 per yard since it is
possible the sand companies may raise their prices. Johnson stated she would recommend a not-to-exceed
amount for the sand.
Loftus stated she would recommend $4,000 for emergency expenditure consisting of a berm on Baldur
Park Road, with the sand bags being dealt with separately.
Printup moved, Levang seconded, to allocate funds not to exceed $4,000 towards the water
emergency on Baldur Park Road. VOTE: Ayes 3, Nays 0.
Kent Roth, Baldur Park Road, noted there was a meeting this morning with City Staff and that it was
pointed out that in the middle of this flooded area there is water from the lakeshore all the way to the
street. Roth stated he would encourage the City to also think about the water that will go around the berm
and how that should be addressed and whether extra money should be allocated for that aspect of the
project. Roth stated he understands as a homeowner he also has some responsibility for the expenses but
that the water that will go around the berm will need to be addressed in some fashion. Roth stated
building a berm simply on the street will not solve all of the problems, which have been pointed out to
Lyle.
McMillan stated the idea was to get started with the plan that was developed today and that the Public
Works Department could review that.
Johnson indicated on the left there is one driveway where they have received approval to go up about 20
feet, but that they are also talking about a berm on the right and access to the homes. Johnson pointed out
the location of the berm and noted the water level is three inches under the top of the berm. Johnson
stated if there are any boats or vehicles that go near this area, that water will go over the berm. Johnson
stated she is not sure how to address the residences outside of sandbags and that the situation is somewhat
beyond her level of expertise.
McMillan commented this is somewhat of an experiment and that she is hopeful the berm will help
alleviate the situation somewhat. McMillan noted there is water coming from both sides and that the
elevation is relatively the same on both sides as well.
Printup asked if Staff has explored what other options could be pursued and whether this area could be
declared a disaster area.
Loftus stated half of the counties in the state have been declared by Governor Dayton as a state of
emergency.
Bill Arons, 1412 Baldur Park Road, stated the water is coming from both the north and south side, and
that pumping the water out to the south side of the road should take care of the problem unless there is
another rain storm in the next week or so.
Item #03 - CC Agenda - 07/14/2014
Approval of Council Minutes 06/23/2014
[Page 8 of 30]
MINUTES OF THE
ORONO CITY COUNCIL
Monday, June 23, 2014
7:00 o’clock p.m.
_____________________________________________________________________________________
Page 9 of 30
(PUBLIC COMMENTS, Continued)
Brad McDonnell, 1420 Baldur Park Road, stated his concern is the lack of pumps. McDonnell asked if
the City has any extra pumps available. McDonnell stated he has been pumping for the last four days.
McDonnell indicated he does have a lot of experiencing with building berms and that there will be some
water that will go under the berm that will need to be pumped out.
Loftus indicated the City does not have any pumps available.
McDonnell stated a number of the residents have pumps and that he does have access to some pumps but
that he wanted to see if the City also had some available.
McMillan stated it is doubtful that a City employee could hand out sandbags.
Johnson stated if this is an isolated situation, then Navarre True Value has sandbags for sale. Johnson
asked if the City has been inundated with calls asking about sandbags.
Loftus indicated the City has not been receiving any calls for sandbags but that there have been calls
regarding plugged culverts and standing water.
Printup noted he did receive one call from a resident on Bohns Point and North Shore Drive about
sandbags.
Johnson stated she would encourage the City to create an emergency plan for dealing with a situation like
this and to think about acquiring some pumps. Johnson noted True Value has only one pump at t their
store in Navarre and one pump at their Delano store. Johnson stated now that the ground is soaked, it will
not dry out for several weeks and that the smell will be very bad.
McMillan commented that she hopes the City will learn something from this.
Loftus stated unless the City uses the equipment on a regular basis, we try to rent it.
Levang stated she appreciates the comments regarding the debriefing that should follow this situation and
that the City should monitor the situation over the next few weeks. Levang stated she is hopeful the City
will be able to plan better for a situation like this in the future. Levang stated in her view the City should
take the lead in dealing with it and that the City is willing to take what steps are necessary.
McMillan stated Staff could also speak with the neighboring cities to see how they are dealing with the
water.
Levang asked if the City is interested in handling the sandbags.
McMillan indicated she would like to hold off with that. McMillan asked whether the free sandbags
could be available at the Public Works Department. McMillan recommended that the information
regarding the free sandbags go out on the City’s listserv as well as placing a note on the City’s website.
Levang asked how many sandbags each resident should be given.
Item #03 - CC Agenda - 07/14/2014
Approval of Council Minutes 06/23/2014
[Page 9 of 30]
MINUTES OF THE
ORONO CITY COUNCIL
Monday, June 23, 2014
7:00 o’clock p.m.
_____________________________________________________________________________________
Page 10 of 30
(PUBLIC COMMENTS, Continued)
McMillan stated the Public Works Department could probably better answer that.
Roth noted if the City only has 450 sandbags, that would only be about 35 sandbags per resident, and that
he would estimate 200 to 300 sandbags per property would be needed.
Loftus stated the City is aware that the culverts will also need to be sandbagged but that there is no way to
sandbag both sides of the road and that the private property owners will need to take some steps to try to
prevent water from coming into their homes. Loftus stated it would be difficult to construct a berm on
each side of the road since that would cut off access to people’s driveways. Loftus stated the City will
need to be somewhat flexible with the situation and that what has been developed so far is not a highly
defined plan and may need to be changed depending on the situation.
The City Council took no formal action on the sandbags.
John Barth, 3725 Togo Road, stated his brother James was sentenced to five days in jail for a pile of
firewood, a storage shelter, and some ladders. Barth noted none of those items are illegal to have,
especially if they are located behind a well secluded garage, and that the items are not visible to the
neighbors.
Barth indicated is he out $2,000 for bail and that he would like to know what the City feels about doing
this to a 26-year resident of the City.
McMillan stated her understanding is the Court ordered the bench warrant because he did not comply
with a previous court order.
Barth stated three years ago this was in the court system and that his brother was placed on probation.
Barth stated it was their understanding that it was all settled, but that two years ago they received a letter
saying that he had broken the City’s ordinance regarding ladders. Barth reiterated that the items cannot be
seen from the road.
Mattick stated to his knowledge James Barth pled guilty in 2011 and was placed on probation. At that
time the judge ordered certain terms to be completed, which were not completed over the course of the
next three years.
Barth noted his brother is an over-the-road truck driver and that he attended two hearings where the City
cancelled. Barth indicated his brother was stuck in Georgia and was not able to make it to the hearing.
Barth stated he attended the court hearing in his brother’s place and that they would not allow him to
change the court date.
Mattick stated the court issued the bench warrant and not the City.
Barth stated the City is behind all this.
Item #03 - CC Agenda - 07/14/2014
Approval of Council Minutes 06/23/2014
[Page 10 of 30]
MINUTES OF THE
ORONO CITY COUNCIL
Monday, June 23, 2014
7:00 o’clock p.m.
_____________________________________________________________________________________
Page 11 of 30
(PUBLIC COMMENTS, Continued)
Mattick stated if the Court finds that there is not a good reason for not appearing at a court hearing, they
will issue a bench warrant. Mattick noted James Barth had three years to clean up the violations and that
it was not a matter of two ladders. Mattick stated there were a number of pictures showing violations
presented at the hearing and that if James Barth had done what the court ordered three years ago, he
would not have served any time in jail. Mattick stated due to James Barth’s failure to comply with the
judge’s order, he issued a bench warrant.
Barth stated it is not right. Barth asked if the City goes out of its way to find violations. Barth stated it
feels like they are being singled out.
Mattick indicated that is not the case.
PLANNING DEPARTMENT REPORT
*5. 08-3355 CLEMENT AND WINNIFRED KROLL, 60 STUBBS BAY ROAD SOUTH, 6TH
PRELIMINARY PLAT APPROVAL EXTENSION – RESOLUTION NO. 6414
Levang moved, Printup seconded, to adopt RESOLUTION NO. 6414, a Resolution Granting a
Sixth Extension of the Preliminary Approval of a Class III Subdivision for Property Located at 60
Stubbs Bay Road South. VOTE: Ayes 3, Nays 0.
*6. 12-3547 JOHN STAVIG, 790 BROWN ROAD NORTH, VARIANCE APPROVAL
EXTENSION – RESOLUTION NO. 6415
Levang moved, Printup seconded, to adopt RESOLUTION NO. 6415, a Resolution Granting an
Extension of Variances Established Per Resolution No. 6147 for the Property Located at 790 Brown
Road North. VOTE: Ayes 3, Nays 0.
7. 13-3638 SOURCE LAND CAPITAL – 405 NORTH ARM DRIVE, LAKEVIEW
PROPERTY, APPROVE EAW FOR PUBLICATION AND PUBLIC COMMENT –
RESOLUTION NO. 6417
Gaffron stated Source Land, Incorporated, has submitted an environmental assessment worksheet in
preparation for their development of the Lakeview Golf Course property. The City’s consulting planner
has prepared a resolution for the City Council’s consideration that would adopt and authorize publication
of the EAW by the Environmental Quality Board.
Item #03 - CC Agenda - 07/14/2014
Approval of Council Minutes 06/23/2014
[Page 11 of 30]
MINUTES OF THE
ORONO CITY COUNCIL
Monday, June 23, 2014
7:00 o’clock p.m.
_____________________________________________________________________________________
Page 12 of 30
(7. 13-3638 SOURCE LAND CAPITAL – 405 NORTH ARM DRIVE, LAKEVIEW PROPERTY,
APPROVE EAW FOR PUBLICATION AND PUBLIC COMMENT – RESOLUTION NO. 6417,
Continued)
Gaffron noted additional reference materials that were not included in the Council’s packet consisted of a
link to approximately 200 pages concerning different soil borings and other testing that was conducted on
the site. Included in the Council’s packet were the results of Hennepin County’s traffic assessment of the
County Road 19 and North Arm Drive intersection. The City had requested Hennepin County provide
some information and an analysis of the safety of the intersection, traffic speeds, and sight distance.
Hennepin County’s conclusion regarding the speed of the vehicles is that the majority of the vehicles are
traveling close or at the posted speed limit and that sufficient stopping sight distance is provided for
vehicles on County Road 19 approaching North Arm Drive.
Gaffron noted the information from Hennepin County has not been included in the EAW and that it is up
to the City Council whether it should be included.
Steve Grittman, Consulting Planner, stated the material in the Council’s packet reflects a stage of the
environmental review process, which is a process that is initiated in a number of ways. In this particular
case, it is related to the golf course conversion to a residential subdivision. The purpose of the EAW is to
measure and identify potential environmental impacts and any potential mitigation that might be done for
those impacts that are identified. Eventually the City Council makes a decision at the end of the EAW
process as to whether or not there is need for an environmental impact statement, which is a more
elaborate review of environmental impacts.
Grittman stated this is the beginning of the EAW process and that the Council is considering tonight
whether the submitted draft EAW should be published by the Environmental Quality Board. Grittman
noted the City Council is not approving the EAW. Grittman indicated there are a series of publication
notification requirements that occur if the Council approves publication tonight, which also initiates
commencement of the comment period. If the Council approves publication, it is anticipated it will be
published by the EQB in their July 7 newsletter. Following publication, there is a 30-day review period.
Grittman noted the City is also required to provide this particular information to a number of state
agencies as well as anyone who requests in writing to be included on the comment list, such as
neighboring property owners or other government agencies.
Grittman noted the City Council is not required to hold a public meeting during this period but may do so
if they so desire. Following publication and the comment period, the City Council will have the
opportunity to consider all comments properly submitted and, if appropriate, request additional study
based on those comments.
Grittman noted at the end of the comment period, the City Council’s action will be to make a negative
declaration or a positive declaration on the need for an Environmental Impact Statement. Given the time
frame for publication and comment, that decision is likely to come before the City Council in August or
September.
Item #03 - CC Agenda - 07/14/2014
Approval of Council Minutes 06/23/2014
[Page 12 of 30]
MINUTES OF THE
ORONO CITY COUNCIL
Monday, June 23, 2014
7:00 o’clock p.m.
_____________________________________________________________________________________
Page 13 of 30
(7. 13-3638 SOURCE LAND CAPITAL – 405 NORTH ARM DRIVE, LAKEVIEW PROPERTY,
APPROVE EAW FOR PUBLICATION AND PUBLIC COMMENT – RESOLUTION NO. 6417,
Continued)
Grittman noted Staff has reviewed the draft EAW primarily for content and completeness. The EAW
does not take the place of any required land use approvals and the applicants will still need to have their
plat reviewed and considered according to the normal process. In addition, the EAW does not imply any
specific land use approval even though it is based on a conceptual layout. The scope of study of the EAW
anticipates the greatest amount of potential impact. At the time the plat is reviewed, the applicable
requirement will be that the EAW has been written to anticipate all of the potential impacts from a
subdivision of that scope or smaller.
Grittman noted the City had approved an amendment to its Comprehensive Plan that was submitted to the
Metropolitan Council. Review by the Metropolitan Council was scheduled for May 19 but has been
postponed subject to the EAW process being completed.
Grittman stated the City Council should consider a motion adopting the proposed resolution authorizing
publication of the draft EAW for the Lakeview Residential Development according to applicable
Minnesota Rules and initiation of the formal comment period that results from publication.
Printup stated while Hennepin County is okay with the traffic issues, he would be interested in taking a
harder look at the road issues, such as turn lanes.
Grittman noted Hennepin County will be one of the agencies notified of the EAW.
Levang asked what agencies will be provided with the EAW in addition to Hennepin County.
Grittman stated there are a series of state agencies that are required to be notified but that he does not
have a complete list before him tonight.
Martini stated anyone who potentially has a permitting role in the development will be notified.
Grittman noted neighboring cities are not required to be notified.
McMillan stated she would welcome public comments regarding the completeness of the EAW for
publication.
Grittman noted the City is not endorsing the EAW document at this stage.
McMillan opened the public hearing at 8:39 p.m.
Brenda Johnson, 520 North Arm Drive, noted there is a section that asked about the cumulative impact
under Item No. 19. Johnson stated in her view it seems like Hennepin County is only looking at North
Arm where it intersects with County Road 19 and that the traffic analysis should include the other golf
course as well.
Item #03 - CC Agenda - 07/14/2014
Approval of Council Minutes 06/23/2014
[Page 13 of 30]
MINUTES OF THE
ORONO CITY COUNCIL
Monday, June 23, 2014
7:00 o’clock p.m.
_____________________________________________________________________________________
Page 14 of 30
(7. 13-3638 SOURCE LAND CAPITAL – 405 NORTH ARM DRIVE, LAKEVIEW PROPERTY,
APPROVE EAW FOR PUBLICATION AND PUBLIC COMMENT – RESOLUTION NO. 6417,
Continued)
Robyn Johnson, 4730 North Arm Drive, stated she was not aware that the packet was available since the
suggested motion is to make it available for publication. Johnson stated she would concur with the
comments of Brenda Johnson and that while there are no reported accidents at the intersection of North
Arm and County Road 19, she is personally aware of at least four different collisions in that section of the
roadway, which extends further than the intersection.
Johnson stated in her view given the approval for 60 to 70 homes as part of the Red Oak development as
well as the 60 plus homes that will be approved as part of the Lakeview development, traffic will increase
substantially. Johnson stated the area studied by Hennepin County should be expanded, especially during
the winter season and the sharp curves. Johnson requested the City Council look at that issue further.
Mayor McMillan closed the public hearing at 8:43 p.m.
Levang moved, Printup seconded, to adopt RESOLUTION NO. 6416, a Resolution Authorizing
Publication by the Minnesota Environmental Quality Board of the Environmental Assessment
Worksheet for the Lakeview Residential Development according to applicable Minnesota Rules and
initiation of the formal comment period that results from publication. VOTE: Ayes 3, Nays 0.
McMillan noted the EAW will be available July 7 and that she would recommend the City include the
report on its website as well.
8. 14-3666 LUKE KUJAWA ON BEHALF OF EOF INVESTMENTS, LLC, 1440-1442
SHORELINE DRIVE – REZONING
Luke Kujawa, Applicant, was present.
Gaffron stated the applicant is requesting approval for rezoning of two residential parcels addressed as
1440 and 1442 Shoreline Drive. The applicant’s initial request was to rezone from LR-1A single-family
resident to B-2 commercial district similar to the adjacent marina.
The Planning Commission has reviewed this request a number of times. On May 19, the Planning
Commission reviewed the site plan which was submitted by the applicants as a conceptual tool to help in
the discussion and how it might relate to a rezoning of the properties. That meeting resulted in a tabling
of the application to allow the Planning Commission to further discuss the concept of a B-2 sub-district.
At their June 4 work session, the Planning Commission discussed the potential elements of a B-2 sub-
district but took no formal action. The applicant, as well as some of the neighbors, attended that work
session.
Item #03 - CC Agenda - 07/14/2014
Approval of Council Minutes 06/23/2014
[Page 14 of 30]
MINUTES OF THE
ORONO CITY COUNCIL
Monday, June 23, 2014
7:00 o’clock p.m.
_____________________________________________________________________________________
Page 15 of 30
(8. 14-3666 LUKE KUJAWA ON BEHALF OF EOF INVESTMENTS, LLC, 1440-1442
SHORELINE DRIVE – REZONING, Continued)
Gaffron noted at its June 16 meeting, the Planning Commission voted 5-0 to recommend that the Council
consider pursuing the creation of a B-2 sub-district that would act as a transition zone between
commercial marina properties and adjacent resident properties. The Planning Commission is requesting
Council approval to proceed with formulation of appropriate standards for such a sub-district, subject to
proper application and review sequencing with regards to a Comprehensive Plan Amendment, which
would be necessary in order to rezone the subject properties.
Gaffron stated the adjoining residential neighbors have provided comment on the proposed rezoning as
well as a letter submitted by an attorney representing the neighbors. That attorney has provided an
updated letter dated June 20, 2014.
Gaffron noted the Planning Commission has listened to all sides and all concerns and they have begun to
consider whether there is a middle ground in the zoning between a complete B-2 rezoning versus
residential and would allow for certain B-2 commercial uses while not allowing others. Staff has briefly
explored the creation of a B-2 sub-district in order to determine whether it has merit. The Planning
Commission believes it is worth exploring further but wanted Council input before going forward.
Gaffron noted as it relates to the Comprehensive Plan Amendment process, Staff did note early on in the
process that a Comprehensive Plan Amendment would be needed single the properties are guided for
single-family residential in the City’s Comprehensive Plan. Parameters for future use and development of
these properties could be established in a public format that would allow for input by all affected parties.
The Comprehensive Plan Amendment process would allow the City to be proactive in determining the
future of these properties rather than be reactive to a specific plan. The applicant was requested to provide
a concept plan for this development, which has stimulated a lot of the discussion today.
Gaffron indicated the intended outcome of the Comprehensive Plan Amendment would be to provide a
set of development parameters that could guide the creation of specific zoning requirements for the site.
Gaffron indicated there might be other options besides a B-2 sub-district that may emerge from the
discussions regarding the Comprehensive Plan Amendment.
Staff is proposing the following program:
1. The applicant would withdraw the rezoning request and make an application for a Comprehensive
Plan Amendment.
2. The Comprehensive Plan Amendment review would proceed through the public hearing process
to completion, including Metropolitan Council approval.
3. The City should formulate and adopt zoning code revisions necessary to allow implementation
of the amendment.
4. The applicant then reapplies or the rezoning. Staff would support Council approval for waiver
of the rezoning reapplication fee if the Comprehensive Plan Amendment is approved.
Item #03 - CC Agenda - 07/14/2014
Approval of Council Minutes 06/23/2014
[Page 15 of 30]
MINUTES OF THE
ORONO CITY COUNCIL
Monday, June 23, 2014
7:00 o’clock p.m.
_____________________________________________________________________________________
Page 16 of 30
(8. 14-3666 LUKE KUJAWA ON BEHALF OF EOF INVESTMENTS, LLC, 1440-1442
SHORELINE DRIVE – REZONING, Continued)
Gaffron indicated the applicant would like an early resolution to the rezoning issue in order to determine a
course of action regarding their Tanager Lake dock noncompliance issue with the LMCD. Staff believes
this process will take through the summer and into the fall. The review period for the rezoning request
has been administratively extended 60 days to August 20.
Gaffron stated a rezoning from residential to commercial requires approval from the Metropolitan
Council. If the applicant withdraws the current rezoning request and applies for a Comprehensive Plan
Amendment, it would be reasonable to allow a no-cost reapplication for the rezoning under whatever new
zoning is established. The applicant has indicated he is amenable to this course of action.
Gaffron noted that Staff believes continuation of the existing zoning situation at these properties is not in
the best interests of the City, the property owners, or the neighbors. Staff recommends that a
Comprehensive Plan Amendment be pursued to establish parameters for future use of the properties,
followed by zoning code changes to allow implementation of those parameters and then rezoning of the
two properties based on the zoning code revisions. Site plan review would then be needed prior to
construction of any changes or improvements.
Gaffron requested the City Council consider approving a motion authorizing the Planning Commission to
proceed with the review of an applicant-initiated Comprehensive Plan Amendment request to re-guide the
properties at 1440 and 1442 Shoreline Drive for commercial use, subject to the applicant’s withdrawal of
the current rezoning application and submittal of an application for a Comprehensive Plan Amendment.
McMillan stated since she has been on the Council, there have been issues with this area, and that she is
in agreement that it would be nice to find a permanent solution rather than a make-shift solution.
McMillan stated in her view a portion of the properties should remain residential and that keeping the
1440 residential and the 1442 commercial is one option. McMillan stated that is probably the only option
she is interested in researching at this point and that she is uncomfortable with the creation of a B-2 sub -
district since it would be creating code for one site.
McMillan stated she understands the owner of the 1432 property purchased their property thinking that it
was residential on both sides and that he would like that to remain. McMillan stated she is not sure
whether only one residential property between the property owner at 1432 Shoreline and the marina will
be sufficient, but that it may be a good compromise. McMillan stated the basic premise of the rezoning is
to allow the site to become more functional and should be explored in more detail.
Printup stated it sounds like that might be a compromise and that he is interested in hearing what the
applicant has to say about it. Printup stated it is one of those scenarios in the City where it is labeled as
residential but has functioned to some degree as commercial and that it is somewhat arbitrary.
McMillan stated she would envision1440 as a residential lot with no parking by the marina allowed.
Printup stated for the last few years it has existed as a parking lot and that he has problems changing it
since it has been used that way.
Levang noted the property has also been used as a residence.
Item #03 - CC Agenda - 07/14/2014
Approval of Council Minutes 06/23/2014
[Page 16 of 30]
MINUTES OF THE
ORONO CITY COUNCIL
Monday, June 23, 2014
7:00 o’clock p.m.
_____________________________________________________________________________________
Page 17 of 30
(8. 14-3666 LUKE KUJAWA ON BEHALF OF EOF INVESTMENTS, LLC, 1440-1442
SHORELINE DRIVE – REZONING, Continued)
McMillan noted the 1442 property has been used as a residence by the caretaker.
Levang stated she is not interested in a unique rule for one marina and that in her view it could be
troublesome. Levang stated in her view 1440 is residential and should remain as residential to provide a
buffer to 1432. Levang stated she is extremely concerned about the traffic in the area and the safety of
pedestrians. Levang indicated she drives by the area regularly to see what is going on and that it is a
nightmare.
Levang stated she does not want to assume the liability for someone being killed in that area given the
amount of traffic, the speed of the vehicles, and the sightlines. Levang indicated she is okay with 1442
being rezoned commercial but not 1440.
McMillan stated 1440 would become a true residential lot and not have parking for the marina even if the
applicant retains ownership of it.
Levang stated in a perfect world the business and the boats should be on the same side, which is not the
case here, and that there are boat slips on both sides of the road, which means that there is pedestrian
traffic. Levang stated in her view there is a huge safety issue.
Levang stated she can envision some positive elements of a sub district since the City would be able to
require certain restrictions, but that she still has trouble with writing a unique code for one property.
McMillan noted the 1440 property would also serve as a buffer to the docks.
Levang noted Tanager Bay is a small body of water and that people docking their boats will go by the
Johnson property. Levang indicated she has a concern about how close those boats will come to the
Johnson property.
Printup stated he is in agreement with the comments regarding the traffic and the pedestrians crossing the
road.
McMillan asked if the applicant would lose a lot of parking if one of the residential lots is eliminated.
Gaffron indicated Exhibit D shows the conceptual site plan and that they would lose approximately a
dozen spaces and possibly as many as 15.
McMillan stated she is asking as it relates to what exists today.
Gaffron stated what is approved under the agreement is 26 parking spaces, but that the only way to
achieve 26 parking spaces is to double park the vehicles. The applicant did hire an organization to handle
the parking situation last year. Gaffron stated if you take the 1440 parcel out of the mix that would make
it more difficult to accomplish the traffic circulation. The Planning Commission felt that something fairly
reasonable could be done with both properties, but that if one of the properties is eliminated, it would
make it more difficult to accomplish the circulation and other improvements.
Item #03 - CC Agenda - 07/14/2014
Approval of Council Minutes 06/23/2014
[Page 17 of 30]
MINUTES OF THE
ORONO CITY COUNCIL
Monday, June 23, 2014
7:00 o’clock p.m.
_____________________________________________________________________________________
Page 18 of 30
(8. 14-3666 LUKE KUJAWA ON BEHALF OF EOF INVESTMENTS, LLC, 1440-1442
SHORELINE DRIVE – REZONING, Continued)
McMillan commented the parking lot being proposed is huge.
Gaffron stated the Planning Commission looked at the site and did not believe a 10-foot setback from the
neighbor’s property was adequate for a buffer. From a Staff’s perspective, a 5 to 10-foot setback from the
lake does not provide the protection that the City would like from an environmental standpoint.
McMillan noted what is being proposed cannot be built given the lack of setback from the lake and is not
realistic.
Gaffron stated the plan helps illustrates how to achieve parking and how close they are to meeting the
standard. Gaffron stated in order to gain additional setback to the lake, one of the rows of parking would
need to be eliminated.
McMillan stated elimination of one of residential properties would improve the current situation.
Kujawa stated there are a few things that are important to consider if they want to keep 1440 residential.
Kujawa noted the property has been used commercially over the years and that Mr. Johnson did purchase
his property next to a property that was partially zoned commercial. Both of the residential lots have an
easement over them that have been in place for a number of years and was the case when Mr. Johnson
purchased his property. Kujawa noted the shoreline has also been taken into account when determining
the number of dock slips that would be allowed.
Kujawa stated when they first started this process approximately four years ago, there was a list of issues
that had to be addressed, which they have been doing. A valet company was hired last year to be there on
the weekends to reduce the parking issues and the City has basically insisted that there is a permanent
lease over those residential properties, which makes it difficult to say that the properties are residential.
Kujawa stated those properties have basically existed as commercial for the past 40 years.
Kujawa stated one of the biggest issues that came up four years ago and has been a recurring issue is the
fact that there is two entrances to the parking area and there is nowhere for anyone with a trailer to pull in
and turn around. Elimination of one of the entrances has been a main issue and that steps have been taken
to keep all the vehicles on the side of the boat club, but that it is very difficult to accomplish.
Kujawa noted there is marina on the other side of Tanager Bay that has zero parking available on their
site and that all their customers need to cross the road. Kujawa stated requiring them to have all their
parking on the same side is unfair given the other marina. Kujawa stated they have been attempting to
improve the situation and clean up the residential lots but that there is no much room left for residential
when you take the parking easement into consideration. Kujawa indicated they have spent a number of
hours with the Planning Commission and Staff in an attempt to improve the situation long-term.
McMillan stated there is a reason that it has not been 100 percent commercial and that is because there
has always been a feeling on the Council’s part of trying to protect the residential area. McMillan stated
the shoreline for 1440 and 1442 has been used to calculate dock slips but the idea was not to have the
docks be located at 1442 or 1440. McMillan stated the City has always been hesitant to let those two lots
go 100 percent commercial.
Item #03 - CC Agenda - 07/14/2014
Approval of Council Minutes 06/23/2014
[Page 18 of 30]
MINUTES OF THE
ORONO CITY COUNCIL
Monday, June 23, 2014
7:00 o’clock p.m.
_____________________________________________________________________________________
Page 19 of 30
(8. 14-3666 LUKE KUJAWA ON BEHALF OF EOF INVESTMENTS, LLC, 1440-1442
SHORELINE DRIVE – REZONING, Continued)
McMillan stated she is also not saying that what exists now is an ideal situation but that the zoning is still
residential over those two lots. McMillan stated the option that would work out best for both the marina
and the residential property would be to leave one of the properties residential to act as a buffer.
Kujawa stated it is hard to swallow that someone purchased a home next to a marina and is now
complaining that there are boats there.
McMillan stated in the past the Council has been very protective of the residential nature of this area but
that there have been some concessions to the marina to allow parking. McMillan stated she does not see
the situation as being one where it is strictly commercial and that she would like to try to figure out a
solution that provides a protective buffer but yet allows the marina to accomplish more on at least one of
the lots. McMillan stated if the applicant is interested in exploring that, it would require a Comprehensive
Plan Amendment, or else the applicant can leave it as is. McMillan stated creation of a sub-district does
not appeal to her.
Printup indicated he would rather avoid saying things about neighbors and who bought what. Printup
stated he understands how the applicant feels about it being partially zoned commercial and that many
times he wonders why things were done the way they were done way back when. Printup stated he is not
jumping in with both feet to keep one of the lots residential but that he is interested in learning more if the
parking easement can be changed.
McMillan noted the lots are not partially zoned commercial but that they have had some commercial
activity on them.
Kujawa stated the area on the other side is zoned commercial.
Gaffron stated on the east side of the road those portions of the lots are zoned commercial. Gaffron stated
the parking agreements over 1440 and 1442 occurred back in the 1980s and possibly the late 1970s.
Gaffron stated approximately two years ago the City required the owners to put together a permanent
lease situation to establish the parking that goes with the marinas. The parking agreement will likely stay
in place unless the City and the property owners agree to change it.
Gaffron stated the applicant has made some commitments to improve the property and that the Planning
Commission would like to develop a plan that accomplishes the protection of the neighbor but at the same
time gives the marina owner the ability to do some improvements that will address some of the safety
issues and environmental issues.
McMillan noted the City Council has not seen a formal plan yet for the site.
Gaffron stated the Comprehensive Plan Amendment process would allow the City to establish goals for
the two lots and that there are a number of issues that still need to be explored. Gaffron stated the plan
that has been submitted is not the plan that the City will likely end up with.
Item #03 - CC Agenda - 07/14/2014
Approval of Council Minutes 06/23/2014
[Page 19 of 30]
MINUTES OF THE
ORONO CITY COUNCIL
Monday, June 23, 2014
7:00 o’clock p.m.
_____________________________________________________________________________________
Page 20 of 30
(8. 14-3666 LUKE KUJAWA ON BEHALF OF EOF INVESTMENTS, LLC, 1440-1442
SHORELINE DRIVE – REZONING, Continued)
Chris McGrann, Planning Commissioner, noted he rescued himself from voting on this application since
he is a member of the boat club, but that the Planning Commission felt the current situation does not work
and that something needed to be done to help improve the situation. The Planning Commission felt that
what was proposed was too close to Tanager Bay and that there were not enough protections for the
neighbor. The Planning Commission felt even stronger, however, that what exists now does not work and
that the creation of a B-2 sub-district should be explored. McGrann stated requiring a greater setback, the
planting of trees, and the elimination of one of the entrances should be explored further to arrive at a
workable solution.
Kujawa stated he would like to address some of the photographs that were submitted today. Kujawa
stated the parking has become even further restricted due to the flooding. Kujawa asked if they are
allowed to sandbag the shore and pump out the parking lot. Kujawa noted the water is coming up to the
gazebo.
Gaffron stated he is not aware of anything that would prohibit them from constructing a temporary berm
of sandbags and pumping the water out.
Kujawa stated he has no idea whose truck is depicted in one of the photographs. Kujawa stated this is a
marina and that people will pull up with trucks and trailers. Kujawa stated they have been attempting to
fix the two entrances onto the road and provide a turnaround area for trucks and trailers.
McMillan asked if they have a ramp.
Kujawa indicated they do not.
McMillan asked if the trailers are for the retail boat sales.
Kujawa stated the trailer that is depicted in the pictures is not their trailer. Kujawa stated the marina has
trucks and trailers pulling into their lot.
McMillan asked why they have trailers there if they do not have a ramp.
Kujawa indicated they have trailers coming to their site in the spring to bring the boats in and that they do
periodically have people driving trucks with trailers coming into the marina. Kujawa noted the retail
boats are also delivered by semi-trailer, which is typical for a boat dealership.
Mayor McMillan opened the public hearing at 9:20 p.m.
Matt Johnson, 1432 Shoreline Drive, stated he would like to thank the City Council for their comments
and that the reason why he first got involved in this is because the marina was storing boats on the
residential properties and using the properties in a way that was not in compliance with their conditional
use permit. Johnson stated they would like to see the use of the site to be in conformance with their
conditional use permit and that the use of the two residential lots appears to be increasing in intensity.
Item #03 - CC Agenda - 07/14/2014
Approval of Council Minutes 06/23/2014
[Page 20 of 30]
MINUTES OF THE
ORONO CITY COUNCIL
Monday, June 23, 2014
7:00 o’clock p.m.
_____________________________________________________________________________________
Page 21 of 30
(8. 14-3666 LUKE KUJAWA ON BEHALF OF EOF INVESTMENTS, LLC, 1440-1442
SHORELINE DRIVE – REZONING, Continued)
Johnson stated the use of the residential lots for overflow parking is one thing and that changing it to a
64-stall parking lot is another thing. Johnson stated they would like to prevent more of the marina
coming closer to their residential property. Johnson indicated the Council needs to keep in mind that
there are noises and lights associated with the boats and cars that come to the marina.
Tim Keane, Attorney-at-Law, stated he did submit two letters to the City and that he appreciates the City
Council reviewing those in advance. Keane stated the major issues have been touched on here tonight
and that he will not belabor those, but that in his view there is already five pounds of sand in a two-pound
bag. Keane stated this little piece of land is greatly overused based on the capacity of the roadway,
parking, and the other indicators of good sound planning.
Keane stated the buffer to the residential property is critical, and that when the discussion surrounding
land use is stripped away, what it comes down to is the fact that the dock is not legal and the applicants
would like to relocate it closer to the residential. Keane stated that creates the need to designate the
residential properties commercial. The residential property owners to the north are concerned about the
intrusion of additional parking and marina traffic.
Keane stated he is not sure why the property owners had to impress upon the City the need for a
Comprehensive Plan Amendment before residential property could be rezoned to commercial. Keane
noted this application was sailing through until that point was driven home, and that in his view it is not
the property owner’s requirement to bring that to the City’s attention.
Rich Anderson, North Shore Marina, stated he owns six pieces of property in Orono, and the reason that
he is upset is because at the Planning Commission meeting when they were discussing rezoning a piece of
property next to a marina to commercial, Commissioner Thiesse made the comment that he wants to
make sure that Richie Anderson cannot be allowed to do this.
Anderson stated as it relates to the parking easements, the reason for that easement is because at the time
M.G. Kominisky purchased the property, he decided to take out 1440 and 1442 and keep them residential
in order to construct a townhome. Anderson stated previous to that it was one site. Anderson stated in
order to protect the docks, an easement was put across the property in 2007 or thereabouts. Anderson
noted the easement has not always been in place for those docks and that Thrivent Corporation requested
the easement.
Anderson stated when he owned those parcels in 2007, he had a renter in both 1440 and 1442 and that it
has not always been used for commercial. Anderson stated he also did not store any boats on the
residential lots in the wintertime. Anderson stated if it is rezoned to commercial, it is likely there will be
boats also stored on the property and that the B-2 zoning probably came about not that long ago.
Anderson stated the City also shut down a clubhouse that was constructed by Jim Rivers, which is now
the gazebo. Anderson stated Your Boat Club operates out of that gazebo. Anderson asked if Mr. Gaffron
is in agreement with what he has said.
Gaffron stated he does not agree with a lot of what Mr. Anderson is saying.
Item #03 - CC Agenda - 07/14/2014
Approval of Council Minutes 06/23/2014
[Page 21 of 30]
MINUTES OF THE
ORONO CITY COUNCIL
Monday, June 23, 2014
7:00 o’clock p.m.
_____________________________________________________________________________________
Page 22 of 30
(8. 14-3666 LUKE KUJAWA ON BEHALF OF EOF INVESTMENTS, LLC, 1440-1442
SHORELINE DRIVE – REZONING, Continued)
Anderson asked if he is in agreement with the easement on the other side of the road.
Gaffron stated the easement on the east side of the road goes back into the 1980s and possibly the 1970s.
Gaffron stated he would need to research the easement for the docks but that it is his belief those docks
have been in that location for a lot longer than a few years.
Anderson stated they go back to 2007.
Gaffron stated it is his belief they go back before 2007. Gaffron indicated he also does not recall kicking
Jim Rivers out of the clubhouse.
Anderson stated there was a half-finished clubhouse that he was not allowed to use.
Gaffron stated the clubhouse was not intended to be used by a business entity and was supposed to house
a toilet. Gaffron stated there is nothing in any of the City approvals that says it cannot be used for other
commercial purposes.
Anderson asked if he is saying the residential properties can be used for commercial.
Gaffron stated he is saying that the gazebo cannot be used for commercial purposes.
Anderson stated there is a major business running out of a little gazebo that has been reconfigured slightly
to allow for a toilet and the storage of inner tubes.
Anderson stated he is not aware of what pictures the City Council already has, but that he has pictures
depicting the current parking lot. Anderson pointed out that one of the pictures shows the underground
gas tank is close to being under water. Anderson noted he had suggested the gas tank be installed in a
different location to avoid something like that. Anderson stated the lake right now is at 931.11’ and the
floodplain is 931.05. Anderson noted he told the City Council that they were putting the gas tank in the
floodplain when this was first proposed and that with the recent rains, the lake will be going up even
further.
Anderson stated when there is an east wind, the waves will be over the top of the underground storage
tank. Anderson stated the City Council allowed the 20-member boat club to come on to this property and
also allowed the underground storage tank.
Anderson displayed pictures of how the boat club used to store gas on the site. Anderson stated he also
pointed out to the City that it was illegal to fuel boats with gas tanks in the state of Minnesota and that it
is illegal for a homeowner to fill his gas tank in his boat on Lake Minnetonka. Anderson stated that
fueling situation led to an underground storage tank being located in the floodplain.
Item #03 - CC Agenda - 07/14/2014
Approval of Council Minutes 06/23/2014
[Page 22 of 30]
MINUTES OF THE
ORONO CITY COUNCIL
Monday, June 23, 2014
7:00 o’clock p.m.
_____________________________________________________________________________________
Page 23 of 30
(8. 14-3666 LUKE KUJAWA ON BEHALF OF EOF INVESTMENTS, LLC, 1440-1442
SHORELINE DRIVE – REZONING, Continued)
Anderson stated the City Council needs to think about what will happen if these two residential lots are
rezoned to commercial. Anderson stated a 20-member boat club led the City Council to put an
underground storage tank in a floodplain and that they will be creating a landslide if they rezone the two
residential lots to commercial. Anderson stated the 20-member boat club will increase to 30 members
and the parking will only get worse.
John Wooden, River Valley Power & Sport, noted he has attended a number of the Planning Commission
hearings and provided some comments, but that he has been involved on the site for two years now.
Wooden stated their retail boat operation is out of 1444 and that previously there was a different boat
dealership there. Wooden stated in his view the intensity has not changed a whole lot with what they are
doing on 1444.
Wooden stated they are talking about a marina operation and a boat club that only operates 12 weeks out
of a 52-week calendar year. Wooden stated out of those 12 weeks there may be some heavy parking on
the weekends but during the other 44 weeks of the year the intensity of the property is rather limited.
Wooden stated the attorney had said that the real purpose for the meeting tonight is because the docks are
out of compliance. Wooden stated that is simply one piece that has come out of this and that they have
been attempting to improve the property. Wooden stated he is hopeful the Council has seen some
progress being made since they have taken over ownership of the property and that the real reason they
are here tonight is because they would like to continue to improve the property. Wooden stated in his
view some form of commercial zoning would help make the use safer.
Wooden stated he is sympathetic with the adjoining residential property owner but that in his view there
is a solution that can be reached that will provide adequate protection for the residential property owner
and also improve what currently exists.
Mayor McMillan closed the public hearing at 9:40 p.m.
McMillan stated she is not interested personally in rezoning the two residential properties to some type of
sub district.
Levang indicated she also is not interested in a sub district.
Printup stated he would be willing to make a motion to table the application. Printup commented there
are a number of issues to still work through.
Printup moved to table Application No. 14-3666, Luke Kujawa on behalf of EOF Investments,
LLC, 1440-1442 Shoreline Drive.
Mattick noted in order to do a Comprehensive Plan Amendment, it will require a 4-1 vote.
McMillan stated she is somewhat confused by the process since the application is still in the planning
process and that the City Council is merely being asked whether they are in support of exploring the
creation of a B-2 sub-district.
Item #03 - CC Agenda - 07/14/2014
Approval of Council Minutes 06/23/2014
[Page 23 of 30]
MINUTES OF THE
ORONO CITY COUNCIL
Monday, June 23, 2014
7:00 o’clock p.m.
_____________________________________________________________________________________
Page 24 of 30
(8. 14-3666 LUKE KUJAWA ON BEHALF OF EOF INVESTMENTS, LLC, 1440-1442
SHORELINE DRIVE – REZONING, Continued)
Printup commented that could be what was referred to as the cart before the horse.
Gaffron noted in Staff’s first memo to the Planning Commission it was indicated that there would need to
be a Comprehensive Plan Amendment as part of the process. The Planning Commission was reluctant to
proceed forward with creating a B-2 sub-district without the Council’s input and were not interested in
doing a complete rezoning to a B-2 district. Gaffron stated Staff is recommending that the applicant
withdraw the rezoning application and submit a Comprehensive Plan Amendment, which would allow
Staff to more fully explore the creation of a sub-district.
Gaffron stated he personally does not have a problem with the concept of creating a zoning district for
this site and that the City does it with PUDs all the time. Gaffron stated these two properties are in a
significantly different status than other properties next to marinas, and that if a B-2 sub-district were
created, one of the goals would be not to create something that allows existing marinas that have
adjoining residential property that has never been used commercially in any way to expand.
Gaffron stated if the Council feels there will be any type of rezoning for these two properties, the next
step would be a Comprehensive Plan Amendment.
McMillan stated the City Council should decide whether they are interested in creating a sub-district and
that it is up to the applicant on whether they would like to withdraw their application. McMillan asked if
the application would go back to the Planning Commission if the City Council indicates that they are not
interested in a sub-district.
Gaffron stated if the applicant withdraws his application, then there would be nothing on the table to
review until a new application is made for a Comprehensive Plan Amendment.
McMillan stated Staff and the Planning Commission is asking whether the City Council is interested in
going down the path of writing new code for a sub-district. McMillan indicated she does not want to
prolong the application but that she is simply not interested in a sub-district.
Gaffron stated if the application is to go back to the Planning Commission, it would be helpful to provide
as much direction as possible to the Planning Commission on how they should proceed.
McMillan stated it is also up to the applicant on how he would like to proceed. McMillan noted the
Planning Commission would need to decide on the rezoning request if the application is not withdrawn.
Printup stated he would withdraw his motion to table the application and ask the applicant how he would
like to proceed.
Mattick stated Staff is looking for direction, and that what he has heard is that two of the Council
Members are opposed to creating a sub-district. Mattick stated if the direction is not to explore the
creation of a sub district, a motion is not necessary. Mattick stated there has been some discussion by two
Council Members that 1442 seems appropriate to rezone to commercial but 1440 should remain
residential. Mattick stated that can be formed as a motion but otherwise direction has been provided to
the applicant and Staff.
Item #03 - CC Agenda - 07/14/2014
Approval of Council Minutes 06/23/2014
[Page 24 of 30]
MINUTES OF THE
ORONO CITY COUNCIL
Monday, June 23, 2014
7:00 o’clock p.m.
_____________________________________________________________________________________
Page 25 of 30
(8. 14-3666 LUKE KUJAWA ON BEHALF OF EOF INVESTMENTS, LLC, 1440-1442
SHORELINE DRIVE – REZONING, Continued)
Levang stated she would like to take the personalities out of this application and focus instead on the
residential or commercial zoning issues. Levang stated the City Council makes decisions that have to last
the test of time and there may be different property owners at some point.
Kujawa stated he was looking through one of the old applications to the LMCD and at the time the dock
configuration was approved, the properties to the north, 1442 and 1440, were zoned commercial. Kujawa
stated it was during that application time that they were switched to residential and it likely was because
Jim Rivers wanted to lower his taxes.
Printup suggested Staff create a historical record for these lots to see how they have evolved over time.
Gaffron indicated he would be able to put together a complete history on the zoning of the various
properties given some time.
McMillan stated to her understanding the majority of the marinas in the area are located within residential
districts and that they have all had to deal with the constraints of having residential around them.
McMillan stated for the most part the marinas have been able to conform and get along with the residents
and that she would like to see that continue. McMillan stated rezoning of the properties is a serious issue
and that all the issues need to be balanced. McMillan stated she cannot stress enough the importance of
having a substantial buffer between the marina and the residential property and that both parties may not
get everything they would like.
McMillan stated the application will go back to the Planning Commission unless the applicant elects to
withdraw his application.
Mattick stated a formal motion is not required but would be up to the discretion of the Council.
Gaffron stated his understanding is that two out of the three Council Members are not interested in
pursuing the creation of a sub-district and that they are more interested in looking at leaving 1440 as
residential, perhaps rezoning 1442 commercial, requiring buffers and exploring further other items that
are critical to the site. Gaffron stated in his view the best way to deal with this would be to go through a
Comprehensive Plan Amendment process.
McMillan stated since the City Council is not interested in pursuing a sub-district, it is then up to the
applicant to decide what he would like to do.
Gaffron stated if the applicant chooses not to withdraw the application knowing that the City Council’s
action will be to likely deny the application as applied for, it will be up to the applicant on whether he
wants to submit a Comprehensive Plan Amendment.
McMillan stated the Planning Commission will need to review the application again if it is not
withdrawn.
Item #03 - CC Agenda - 07/14/2014
Approval of Council Minutes 06/23/2014
[Page 25 of 30]
MINUTES OF THE
ORONO CITY COUNCIL
Monday, June 23, 2014
7:00 o’clock p.m.
_____________________________________________________________________________________
Page 26 of 30
(8. 14-3666 LUKE KUJAWA ON BEHALF OF EOF INVESTMENTS, LLC, 1440-1442
SHORELINE DRIVE – REZONING, Continued)
Mattick stated his understanding is that the Planning Commission could not find the right fix for these
properties and that they felt the idea of a sub district may be the way to go. Mattick stated the Planning
Commission wanted to get the input of the City Council on that matter and that the Planning Commission
can take the City Council’s comments into consideration regardless if the applicant pursues the rezoning
application or a Comprehensive Plan Amendment.
Timothy Keane stated since a zoning amendment to commercial is not possible until a Comprehensive
Plan issues have been addressed and since the clock is ticking on the application, the City Council may
want to deny the application since the applicant has chosen not to withdraw it to avoid running up against
the time limit. Keane stated the zoning application cannot move forward without a Comprehensive Plan
Amendment.
Mattick noted the City still has time to make that determination but that he doesn’t disagree in terms of
what should happen first. Mattick stated the rezoning application can either be withdrawn or an extension
can be granted.
Kujawa stated he is somewhat confused on the process and that he would like it clarified at some point.
McMillan indicated Staff can provide clarification.
Kujawa noted he heard a recommendation that one of the residential lots remain residential, and asked
whether that would still require a Comprehensive Plan Amendment and withdrawing the current
application.
Gaffron stated the applicant has the option of withdrawing the application or having the application
denied. Gaffron stated if the application is denied, he would technically have to wait six months before
submitting a new application on the rezoning.
Mattick stated the applicant could also extend the time line.
Gaffron stated the City is not able to take final action on the rezoning until the Comprehensive Plan
process has been completed.
The City Council took no formal action on this item.
PUBLIC WORKS DIRECTOR/CITY ENGINEER’S REPORT
Consulting City Engineer David Martini stated he has received an updated schedule from the contractor
on the Navarre lighting project. The delivery of the poles will control the completion of the project, but
the schedule currently is to commence the project after July 4. Martini indicated the contractor will be
doing the sidewalk work and replacing the bases of the light poles. It is anticipated the poles will be
delivered toward the end of August. Martini stated he will put together a project summary for the City’s
website and also create a handout that can be handed out to the adjacent property owners.
Item #03 - CC Agenda - 07/14/2014
Approval of Council Minutes 06/23/2014
[Page 26 of 30]
MINUTES OF THE
ORONO CITY COUNCIL
Monday, June 23, 2014
7:00 o’clock p.m.
_____________________________________________________________________________________
Page 27 of 30
(PUBLIC WORKS DIRECTOR/CITY ENGINEER’S REPORT, Continued)
Martini reported the painting of the water tower has been completed and the interconnect with Long Lake
is no longer being used.
Martini noted there was a lengthy discussion regarding Baldur Park earlier this evening and that the City
has been experiencing some water problems in other areas of the City. Martini indicated he spent some
time on Countryside Drive last week speaking with a property owner who has had an ongoing issue with
water on his property off of Watertown Road and Old Crystal Bay Road. Martini stated when he was at
the site, water was flowing over the road and there could potentially be some capacity issues. Martini
stated he will work with the City Administrator on how the situation should be dealt with and that the
issue may eventually come back to the City Council.
Martini stated on Creekwood Trail there are some issues with the culvert and that the homeowner’s
association and the Minnehaha Watershed District will need to look at that more closely. Martini noted
the Public Works Department has done some minimal work on the culvert.
Martini noted an engineer from his office also visited Baldur Park today and that his office will do
whatever they can to help alleviate the situation.
McMillan noted north of Dickenson there is a manhole that has caused a really bad bump and that the
contractor will need to fix that. McMillan stated there is also a drainage problem in that area that has not
been corrected following the project. McMillan recommended Mr. Martini speak with the contractor to
see what can be done to correct that.
Martini indicated there are some warranty and punch list items still outstanding and that he will speak
with the contractor about those two items.
*9. 2013 SANITARY SEWER REHABILITATION PROJECT – PAY REQUEST NO. 2
Levang moved, Printup seconded, to approve Pay Request No. 2 for the contractor Visu-Sewer in
the amount of $84,003.55 for the 2013 Sanitary Sewer Rehabilitation Project. VOTE: Ayes 3,
Nays 0.
MAYOR/COUNCIL REPORT
Levang noted the golf course anniversary is on July 19 and that there are still some open spots for golfing
on that day.
Levang stated she has received a number of good compliments on the plantings in Navarre Park.
Printup noted earlier he brought up the water issue around Bohns Point and Watertown Road, which has
raised an issue with the properties that have been granted extensions. Printup stated given all the rain and
the ongoing construction, some water issues have been created for the neighbors.
Printup invited everyone to attend the pancake breakfast held by the Children of the American at the
Wayzata Depot on July 4.
Item #03 - CC Agenda - 07/14/2014
Approval of Council Minutes 06/23/2014
[Page 27 of 30]
MINUTES OF THE
ORONO CITY COUNCIL
Monday, June 23, 2014
7:00 o’clock p.m.
_____________________________________________________________________________________
Page 28 of 30
(MAYOR/COUNCIL REPORT, Continued)
McMillan indicated she has exchanged e-mails with the mayor of Long Lake regarding the no-wake zone
and that she has received some e-mails after the City Council approved the no-wake ordinance.
McMillan indicated he would be willing to review the elevation later in the year to see whether it needs to
be changed.
McMillan stated the Navarre planting is a great example of the great volunteers that Orono has.
McMillan commented the Baldur Park situation is another example of neighbors helping neighbors and
that she would like to thank everyone who volunteers in the City.
CITY ADMINISTRATOR’S REPORT
10. POLICE GARAGE ADDITION AND REMODEL
Steve Kleineman, SKD Architects, stated additional work has been done on the drawings and that as they
were doing that, another project estimate was done and it was discovered that some of the scopes of work
have been underestimated. Kleineman stated the estimate for the general building is fine but the rerouting
of utilities, upgrading or increasing the electrical service and bringing in new service to the building,
some of the plumbing and mechanical work became more extensive that what was originally anticipated.
Kleineman stated based on those new cost estimates, a meeting was held with Staff and a list of items that
could possibly be removed was compiled. Kleineman indicated the mezzanine was removed, the amount
of parking has been reduced, and the daily operations center was reconfigured by eliminating one of the
bathrooms. Kleineman stated they also elected to keep more of the existing features that were in good
repair. Kleineman indicated they also looked at remodeling the city hall facilities.
Kleineman stated there will be some money available once the real numbers come in as part of the
bidding process and some of the removed items could be added back in. Kleineman indicated they are
close to staying on track with the original budget numbers. In addition, a landscape plan has been
developed for the project based on input from Staff. A determination was made that in the public areas
there would be some new landscape areas.
Kleineman indicated he also spoke with someone who is in charge of grants at the Watershed District.
Kleineman stated the work they are doing currently meets the requirements of what the Watershed
District requires and that there may be some minimal grant monies available for the project. Kleineman
stated they are currently proposing two rain gardens, with one of them being located in a public area.
Kleineman stated the appropriate landscaping will be provided in those areas, but that it may be an area
where the City may want to do a more decorative job in order to qualify for the grant monies. Kleineman
indicated educational materials are also available that could be made available near the rain garden.
Kleineman indicated he would like to go out for bids tomorrow, with the bids being June on July 17. The
bids would then be brought back to the City Council on July 18 and determinations can be made at that
time on what items should be added back in. Kleineman noted construction would be started in August,
with the work being completed sometime in January
Levang moved, Printup seconded, to approve the plans and specifications for the police garage
addition and remodel project and to approve going out for bids. VOTE: Ayes 3, Nays 0.
Item #03 - CC Agenda - 07/14/2014
Approval of Council Minutes 06/23/2014
[Page 28 of 30]
MINUTES OF THE
ORONO CITY COUNCIL
Monday, June 23, 2014
7:00 o’clock p.m.
_____________________________________________________________________________________
Page 29 of 30
*11. DISPOSAL OF FORFEITED VEHICLES
Levang moved, Printup seconded, to approve the disposal of a 2002 Dodge Ram pickup,
VIN#3D7HU18N92G186722, and a 1991 Buick Sedan, VIN#1G4AH54NXM6432304, through the
Auto Auction. VOTE: Ayes 3, Nays 0.
*12. DISPOSE OF UNCLAIMED PROPERTY
Levang moved, Printup seconded, to approve the disposal of excess, unclaimed property through
K-BID, with items not sold being discarded. VOTE: Ayes 3, Nays 0.
*13. APPOINTMENT OF 2014 PRIMARY ELECTION JUDGES – RESOLUTION NO. 6417
Levang moved, Printup seconded, to adopt RESOLUTION NO. 6417, a Resolution Appointing
Election Judges for the Primary Election to be held August 12, 2014. VOTE: Ayes 3, Nays 0.
*14. APPOINTMENT OF 2014 PRIMARY ABSENTEE BALLOT BOARD – RESOLUTION
NO. 6418
Levang moved, Printup seconded, to adopt RESOLUTION NO. 6418, a Resolution Appointing the
Absentee Ballot Board for the 2014 Primary Election to be held August 12, 2014. VOTE: Ayes 3,
Nays 0.
*15. LICENSES AND PERMITS
Garbage and Refuse License
1. Blackowiak Disposal
1195 Sunnyfield Road North
Mound, MN 55364
Residential Kennel Licenses
1. Leslie and Jerad Hahn
809 Brown Road North
2. Paul Fogelberg
870 Hunt Farm Road
3. Georgette Jabbour
4455 Bayside Road
Levang moved, Printup seconded, to approve the above-listed licenses. VOTE: Ayes 3, Nays 0.
Item #03 - CC Agenda - 07/14/2014
Approval of Council Minutes 06/23/2014
[Page 29 of 30]
MINUTES OF THE
ORONO CITY COUNCIL
Monday, June 23, 2014
7:00 o’clock p.m.
_____________________________________________________________________________________
Page 30 of 30
*16. CLAIMS/BILLS
Levang moved, Printup seconded, to approve payment of the All Funds Account. VOTE: Ayes 3,
Nays 0.
CITY ATTORNEY’S REPORT
Mattick stated he had nothing to report.
17. CLOSED MEETING FOR ATTORNEY-CLIENT PRIVILEGE (NYGARD VS ORONO)
Levang moved, Printup seconded, to enter into closed session at 10:20 p.m. to discuss ongoing
litigation between Nygard and the City of Orono. VOTE: Ayes 3, Nays 0.
(The City Council went into closed session from 10:20 p.m. to 11:10 p.m.)
ADJOURNMENT
McMillan moved, Levang seconded, to adjourn the Orono City Council meeting at 11:10 p.m.
VOTE: Ayes 3, Nays 0.
ATTEST:
____________________________________ _____________________________________
Rachel Dodge, City Clerk Lili Tod McMillan, Mayor
Item #03 - CC Agenda - 07/14/2014
Approval of Council Minutes 06/23/2014
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Community Development Block Grant Agreement
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Countryside Drive Drainage Issues
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Countryside Drive Drainage Issues
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Pay Request No. 3 & Final - 2013 Forecmain Improvement Project
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Retirement & Recruitment
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