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HomeMy WebLinkAbout11-24-2014 Council Packet PUBLIC ATTENDANCE MEETING DATE COUNCIL PLANNING COMMISSION ❑ OTHER Assistive Listening Device available upon request. Please complete the following information for City records. PRESENT FOR(from agenda) NAME (please print) ADDRESS NAME OR NUMBER 1. r'r ��'Y,�(� ���T �1i' ' � 2, � _ ���'i S��,y �(�'U ���r'��i.. f1'i�'�-�r�"�`�- ,� � , 3. �-�> � 4. � ��SZ �.�(1", + "(/ � � � � � �� G �, ,� � ---�_ 5. ��t.,-�-% � l_ -„ti.�, � `�� � 6. '� (.f , '(.i' '1/ �� uc-�� ` ,�- ; �'��/f� //� '� - 7. � >�/ ��tJ 8. � � � � �_�r •z� 5 �► ;��, _ � ._F 9. 10. 11. 12. 13. 14. 15. V:1(LEGAL FORMS�\(FORMS)\PUBLIC ATTENDANCE.DOC Agenda for Council Meeting Set for Monday, November 24, 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. * Joint Planning & Council Work Session of November 5, 2014 3. * Canvassing Board Meeting of November 10, 2014 4. * Regular Council Meeting of November 10, 2014 Public Hearing – 7:00 p.m. 5. 2015 Fee Schedule - Ordinance Planning Commission Comments – John Thiesse, 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 6. 13-3639 Source Land Capital, Lakeview Property, 405 North Arm Drive - Comprehensive Plan Amendment Final Adoption 7. 14-3691 Source Land Capital, Lakeview Property, 405 North Arm Drive - Preliminary Plat w/PRD Overlay 8. 14-3697 Gary & Joan Marquardt, 2617 Casco Point Rd – Variances Public Works Director/City Engineer’s Report 9. Winter Maintenance of Trails Mayor/Council Report City Administrator's Report 10. Park Commission 11. Non-Waiver of Tort Limits 12. Authorization to Disburse Funds for Claims Received 13. Orono Police Garage – Pay Request No. 3 14. * Licenses & Permits – Liquor Licenses 15. * Claims/Bills Agenda for Council Meeting Set for Monday, November 24, 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 City Attorney's Report Adjournment Upcoming Events 2014 11/27 – Holiday, Thanksgiving – Offices Closed 11/28 – Holiday, Day After Thanksgiving – Offices Closed 12/08 – Council Meeting, Monday, 7:00 pm 12/24 – Holiday, Christmas Eve – Offices Closed 12/25 – Holiday, Christmas Day – Offices Closed 12/26 – Holiday, Day After Christmas – Offices Closed MINUTES OF THE   ORONO CITY COUNCIL & PLANNING COMMISSION JOINT WORK SESSION  Wednesday, November 5, 2014  5:30 p.m.      Present:  Mayor Lili McMillan, Council Member Lizz Levang, Planning Commission Chair Denise  Leskinen, and Planning Commission Vice Chair Kevin Landgraver, Planning Commissioners Bruce  Lemke, Christopher McGrann, Loren Schoenzeit, Jon Schwingler, John Thiesse, Planning  Commission Alternate Janice Berg, and Council Member‐Elect Dennis Walsh.  Representing Staff were City Administrator Jessica Loftus, Community Development Director  Andrew Mack, Senior Planner Mike Gaffron, and City Planner Melanie Curtis.    The meeting was convened by Mayor McMillan and an overview of the need for the work  session was provided by Jessica Loftus.  Andrew Mack then proceeded to explain why the list of  the 41 potential Orono City Code amendment items was prepared and sent out in advance of  the work session, how the list would be reviewed for the evening including a brief staff  summary of each item, followed by discussion and a rank prioritizing of the items by the council  and commission.  This work was concluded during the session and no decisions were made  concerning the potential identified amendments to the Orono City Code.  The meeting closed at 7:40 p.m.    ATTEST:    _________________________________ ____________________________________  Diane Tiegs, City Clerk    Lili Tod McMillan, Mayor        ____________________________________  Denise Leskinen, Planning Commission Chair  Item #02 - CC Agenda - 11/24/2014 Approval of Joint Planning & Council Work Session 11/05/2014 [Page 1 of 1] MINUTES OF THE ORONO CITY COUNCIL CANVASSING BOARD MEETING NOVEMBER 10, 2014 6:45 o’clock p.m. ____________________________________________________________________________________ Page 1 of 2 ROLL The Council met as the Canvassing Board on the above date and time in the Orono Council Chambers. The following members were present: Mayor Lili McMillan, Council Members Cynthia Bremer, Lizz Levang, and Aaron Printup. The following represented City Staff: City Administrator Jessica Loftus, City Clerk Rachel Dodge, Finance Director Ron Olson, and Public Works Director/City Engineer Adam Edwards. Mayor McMillan called the meeting to order at 6:45 p.m. CERTIFY RESULTS OF NOVEMBER 6, 2012, MUNICIPAL ELECTION – RESOLUTION NO. 6184 Rachel Dodge stated Minnesota State Election Laws require that the governing board of the City canvass the returns and declare the results of the election within three to ten days after a general election. The Canvassing Board should review the election reports and, if satisfied the reports are correct, the Canvassing Board should certify the results. Dodge noted the newly elected officials can be sworn in at the first City Council meeting scheduled for January 12, 2015. While the candidates can be sworn in any time before then, technically their term of office commences on January 5, 2015. With the exception of Jim Cornick Jr., who is filling an open position, he can be sworn in at any time and take office no sooner that November 18, 2014, with his term starting anytime after November 18. Dodge reported that Lili McMillan was re-elected as Mayor, Aaron Printup was re-elected as Council Member for a 4-year term, and Dennis Walsh was elected to the City Council for a 4-year term. Levang moved, Bremer seconded, to adopt Resolution No. 6184, a Resolution to Certify Results of the Tuesday, November 4, 2014, General Election for City of Orono Offices, declaring Lili McMillan as Mayor for a 2-year term beginning January 5, 2015, declaring Dennis Walsh and Aaron Printup as Council Members for 4-year terms beginning on January 5, 2015, and declaring Jim Cornick as a Council Member for the Special Election for the remaining 2-year term beginning on November 18, 2014, and certifying the results of the November 4, 2014, municipal election as follows: Mayor Votes Council Member Votes Council Member Votes Special Election Lili McMillan 2,515 Dennis Walsh 1,415 Jim Cornick, Jr. 2,106 Write-In 84 Aaron Printup 1,302 Write-In 34 Denise Leskinen 1,030 Mark McCutcheon 748 Write-In 39 VOTE: Ayes 3, Nays 0 Item #03 - CC Agenda - 11/24/2014 Approval of Canvassing Board Meeting Minutes 11/10/2014 [Page 1 of 2] MINUTES OF THE ORONO CITY COUNCIL CANVASSING BOARD MEETING NOVEMBER 10, 2014 6:45 o’clock p.m. ____________________________________________________________________________________ Page 2 of 2 ELECTION STATISTICS AND RECOGNITION Dodge stated overall voter turnout was 66.08 percent for the general election, with a total of 609 absentee ballots that were processed for the 2014 General Election. With this year’s decreased staff at City Hall, it was decided to hire part-time ballot judges and ballot clerks to fill in and help process absentee ballots. Staff would like to recognize Sandie Larson, Bonnie Kaster, Whitney Tucker, Sandra Keegan, and Sandra Lindgren for their help during the 2014 election season. During the primary election, one of the students from Orono High School, Marshall Will, who is majoring in politics, volunteered his time and helped prepare for the election. Marshall also volunteered to serve as a student judge during the primary election. Staff would like to recognize Marshall’s efforts and make other high school students aware of this opportunity. In addition, during the general election on of the Council Members, Lizz Levang, volunteered her time to help with some of the last minute election processes. Staff would like to recognize Lizz for her team spirit in doing what it takes to get the job done. Dodge stated during every election season it takes a team of election judges to work on Election Day to ensure that the election process runs smoothly. Staff would like to thank all the election judges that worked during the primary and general elections during 2014. Dodge noted a thank you letter to each of the Election Judges has been included in the Council’s packet. Bremer moved, Printup seconded to recognize the volunteers at the 2014 General Election. VOTE: Ayes 4, Nays 0. Levang thanked Rachel Dodge for her outstanding work during the election process. Bremer congratulated Aaron Printup, Dennis Walsh, Lili McMillan, and Jim Cornick for being elected to the Orono City Council. ADJOURNMENT Levang moved, Bremer seconded, to adjourn the Canvassing Board meeting at 6:55 p.m. VOTE: Ayes 4, Nays 0. ATTEST: ____________________________________ ____________________________________ Diane Tiegs, City Clerk Lili Tod McMillan, Mayor Item #03 - CC Agenda - 11/24/2014 Approval of Canvassing Board Meeting Minutes 11/10/2014 [Page 2 of 2] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 27, 2014 7:00 o’clock p.m. _____________________________________________________________________________________     Page 1 of 32  ROLL CALL The Orono City Council met on the above-mentioned date with the following members present: Mayor Lili Tod McMillan, Council Members 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, Public Works Director/City Engineer Adam Edwards, Consulting Engineer David Martini, and Recorder Jackie Young. Mayor McMillan called the meeting to order at 7:02 p.m., followed by the Pledge of Allegiance. APPROVAL OF AGENDA McMillan noted the agenda has been amended with the addition of Item Nos. 19 and 20. CONSENT AGENDA Item Nos. 8, 13, 14, 15, and 18 were added to the Consent Agenda. Levang moved, Printup seconded, to approve the Consent Agenda as amended. VOTE: Ayes 3, Nays 0. APPROVAL OF MINUTES *2. REGULAR CITY COUNCIL MEEETING OF OCTOBER 13, 2014 Levang moved, Printup seconded, to approve the minutes of the Orono City Council meeting of October 13, 2014, as submitted. VOTE: Ayes 3, Nays 0. PUBLIC HEARING – 7:00 P.M. 3. CERTIFICATION OF DELINQUENT UTILITIES – RESOLUTION NO. 6454 Olson stated rather than shutting off someone’s water, the City will notify them of the delinquency by sending out letters, which was done in this case at the end of August. The property owners are told that if the bill remains unpaid, it will be certified by the City Council as an assessment against their property taxes payable in 2015. Olson noted the delinquent property owners still have until November 20 to pay those outstanding charges before it ends up on their taxes. Mayor McMillan opened the public hearing at 7:07 p.m. There were no public comments. Mayor McMillan closed the public hearing at 7:07 p.m. Item #04 - CC Agenda - 11/24/2014 Approval of Council Minutes 11/10/2014 [Page 1 of 32] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 27, 2014 7:00 o’clock p.m. _____________________________________________________________________________________     Page 2 of 32  Levang moved, Printup seconded, to adopt RESOLUTION NO. 6454, a Resolution for the Collection of Delinquent 2014 Water and Sewer Utility Charges, Recycling Program Fees, On-Site Sewage Treatment (Septic) Program, Storm Water Charges. VOTE: Ayes 3, Nays 0. 4. CERTIFICATION OF UNPAID SERVICE CHARGES – RESOLUTION NO. 6455 Olson stated this is similar to the delinquent water and sewer utility charges but are bills that were sent to citizens to notify them of unpaid service charges. Mayor McMillan opened the public hearing at 7:08 p.m. There were no public comments. Mayor McMillan closed the public hearing at 7:08 p.m. Levang moved, Printup seconded, to adopt RESOLUTION NO. 6455, a Resolution for the Collection of Delinquent Development and General Service Bills. VOTE: Ayes 3, Nays 0. 5. CERTIFICATION OF HAZARDOUS BUILDING COSTS – RESOLUTION NO. 6456 Olson stated in 2013, the City Council passed a resolution approving a demolition order for the removal of a hazardous building located at 2740 Shadywood Road. The building has been removed and the Court has approved $11,600 as the amount of expenses that can be certified to the property for collection. McMillan opened the public hearing at 7:09 p.m. Elaine Pagonis stated she is the owner of the property located at 2740 Shadywood Road. Pagonis asked what the 14-month interest charge is that is reflected in the City’s letter dated September 20. Olson stated interest on a special assessment runs from the date that it is adopted by the City Council, which is tonight. Pagonis asked when it will be assessed on her taxes. Olson indicated it would be split evenly between the spring and fall, 2015, tax statements. Pagonis asked who removed the pilings out of the lagoon. Mattick indicated the City contracted to have that work performed but that he does not recall the name of the contractor off hand. Mattick stated the contractor’s name would be attached to the affidavit sent to Ms. Pagonis. Pagonis asked when the pilings were removed. Mattick stated to his understanding it was in August or September but that exact information can be provided. Item #04 - CC Agenda - 11/24/2014 Approval of Council Minutes 11/10/2014 [Page 2 of 32] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 27, 2014 7:00 o’clock p.m. _____________________________________________________________________________________     Page 3 of 32  (5. CERTIFICATION OF HAZARDOUS BUILDING COSTS – RESOLUTION NO. 6456, Continued) Pagonis asked if the name of the contractor that billed the City is Mikey’s Landscaping. Mattick stated that is the contractor that worked with the City. Pagonis stated Mikey’s Landscaping does not have any insurance. Mattick stated he does not know that to be true. Pagonis asked what will happen to the cement pilings that are still at the site. Mattick stated to his knowledge there are no cement pilings still at the site. Pagonis indicated there are still some cement pilings at the site. Mattick stated if there are some still there, they will be removed. Pagonis asked if the foundation wall will also be removed as well as the debris in the water. Mattick stated he is not aware of any foundation wall or debris left on the site but that it will be removed if it is still there. Pagonis asked about the exposed wires. Mattick indicated he has never been to the site and that the City Inspector went to the site and inspected it. Pagonis asked if the Minnehaha Creek Watershed District has been contacted regarding this. Mattick stated he does not know the answer to that. Pagonis asked what the time frame is to apply for a building permit to reconstruct the structure. Mattick stated to his understanding she would not be allowed to construct a boat house on the property. Pagonis asked why she would not be allowed to rebuild. Mattick stated to his knowledge the boat house was located in the 0-75 foot zone. Pagonis asked if the building would be grandfathered in. Mattick stated the City would need to take a look at the plans and that it may be grandfathered in. Mattick stated rebuilding a boat house is more complicated than just asking to submit a building permit since it involves submitting plans to Staff to review to make sure it complies. Mattick stated components of it may very well be grandfathered in. Pagonis asked who she would go to apply for a building permit. Item #04 - CC Agenda - 11/24/2014 Approval of Council Minutes 11/10/2014 [Page 3 of 32] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 27, 2014 7:00 o’clock p.m. _____________________________________________________________________________________     Page 4 of 32  (5. CERTIFICATION OF HAZARDOUS BUILDING COSTS – RESOLUTION NO. 6456, Continued) Mattick indicated it would be Lyle Oman, the Building Official. Pagonis asked if in theory she could apply for a building permit tomorrow. Mattick stated she could. Pagonis asked if the demolition could be finished first and then have the costs assessed to her taxes. Mattick stated it has been represented that all of that work has been completed and that the demolition has already been paid for and there will be no additional costs. Pagonis asked if the City would be willing to remove the pilings this year. Mattick indicated he is unaware of whether a barge could still go out to the site, but that it is his understanding all the work has been completed and the debris removed. Pagonis stated the pilings have not been removed. Mattick stated Staff will look into that but that it will not impact the amount being assessed. Pagonis asked if that would impact her rights to rebuild. Mattick stated the removal of the pilings would not impact that. Mattick stated she would have one year to replace the structure with something in kind. Pagonis asked what code he is referring to. Mattick indicated that would fall under the law on non-conformities and that the City’s Zoning Code would contain that information. Pagonis asked when the one year would start. Mattick indicated it would start from the date of demolition. Pagonis asked when the demolition occurred. Mattick stated he would have Lyle provide that information tomorrow. Pagonis asked if he has any idea when it occurred. Mattick stated to his knowledge it was approximately three weeks to one month ago. McMillan suggested Pagonis check with the City Inspector tomorrow or City Staff. Item #04 - CC Agenda - 11/24/2014 Approval of Council Minutes 11/10/2014 [Page 4 of 32] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 27, 2014 7:00 o’clock p.m. _____________________________________________________________________________________     Page 5 of 32  (5. CERTIFICATION OF HAZARDOUS BUILDING COSTS – RESOLUTION NO. 6456, Continued) Pagonis indicated she will do that. McMillan closed the public hearing at 7:15 p.m. Levang moved, Printup seconded, to adopt RESOLUTION NO. 6456, a Resolution for the Certification of Costs Related to the Removal of the Hazardous Building Located at 2740 Shadywood Road. VOTE: Ayes 3, Nays 0. PRESENTATION 6. HENNEPIN COUNTY UPDATE FROM COMMISSIONER JAN CALLISON Jan Callison, Hennepin County Commissioner, stated Hennepin County adopted their preliminary levy in September, with a 2.75 percent general tax increase for the operating budget. For the past several years the levy has been pretty much flat, but after remaining flat for several years, the County has some additional costs that need to be accounted for. 2015 will be the second year of the contract that was negotiated with the County’s employees and there will be some increases to salaries. In addition, Hennepin County feels there is a need to add more personnel in Human Services, which has not experienced an increase for the past several years. Hennepin County has determined that those two items will need to be addressed in its 2015 budget. Callison stated overall, when you include the Railroad Authority and the Housing & Redevelopment Authority, the proposed increase is at 3.08 percent. Callison indicated that is one factor that goes into determining someone’s property tax bill, with the other being property value. Callison stated the good news is that there are now more parcels in Hennepin County so there are more property tax payers. There are also some TIF Districts that have gone offline, which provide additional resources. Callison stated the bad news is that for the period in question, residential property values grew at a faster rate than some other values. Callison stated across the 45 cities in Hennepin County, the impact will vary widely from city to city and from property to property. Hennepin County’s truth-in-taxation hearing is scheduled for December 2, which is an opportunity for property owners to provide comment. Callison stated some new initiatives in Hennepin County include the opening of the 911 dispatch facility, which will occur in December, but the ribbon cutting occurred approximately one month ago. Callison noted this facility will benefit Orono as well since Hennepin County does the dispatching for this area. In addition, Hennepin County is speaking with Ramsey County about perhaps combining some of the juvenile services. Callison stated the number of youths that are assigned to the juvenile facility in Minnetonka has declined and due to the fact that they are older facilities, they will need some capital infusion. At this point Hennepin and Ramsey Counties are looking at constructing one facility and that a task force is currently looking at different options. Callison noted she is on the task force. Callison noted the Tonkawa Road Bridge located on County Road 135 will be replaced, with the project scheduled to go out for bids towards the end of 2015. Item #04 - CC Agenda - 11/24/2014 Approval of Council Minutes 11/10/2014 [Page 5 of 32] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 27, 2014 7:00 o’clock p.m. _____________________________________________________________________________________     Page 6 of 32  (6. HENNEPIN COUNTY UPDATE FROM COMMISSIONER JAN CALLISON, Continued) Callison indicated she also brought along two pieces of information the Council might be interested in. The first one is entitled Heading Home, Hennepin County Update; which is a reflection of the plan that was adopted seven years ago to end homelessness. The second item is entitled Hennepin Health, Innovations for Better Health Outcomes. Callison indicated this is one of the attempts Hennepin County is making to help control health care costs. The program serves residents between the ages of 18 and 64. As part of this program, Hennepin County is attempting to combine health services with social services. In addition, Hennepin County is tracking the outcomes and has noted a decline in the use of emergency health care services by 1.9 percent, which means those people are not seeking the most expensive form of care. Hennepin County will continue to watch those health care costs closely. McMillan thanked Commissioner Callison for providing her update. Printup asked how Dave Knuckles is doing. Callison indicated Dave Knuckles has been her aide for the past six years but that he has taken a position with Hennepin County coordinating Hennepin County’s initiative for helping sexually abused children. Callison indicated Hennepin County is taking a new approach to this problem and that they have adopted a no wrong door policy, which means that Hennepin County is following the state’s initiative in declaring that youth who are subject to sexually abusive behavior are victims and that they will be welcomed and not charged with a crime if they choose to seek help. Callison stated as part of this initiative, Hennepin County will endeavor to provide them with the services they need so they do not continue to make that choice. McMillan noted Orono has recently made some improvements in Navarre with the installation of some street lights and new sidewalks. McMillan stated in her view the appearance has been improved and that the City will continue to look at other options for improvements. McMillan stated in her view the intersection of County Roads 19 and 15 needs to be redesigned and that the City has spoken with Jim Grube about that. McMillan stated it is her hope that Hennepin County will look at redesigning that at some point in the future. McMillan noted Hennepin County’s bike plan has come out and that they are seeking public comments regarding it. McMillan stated to her understanding there were some comments about a trail system in Navarre and that there is a lot of push to connect up to the Dakota Rail to Trail. McMillan stated in her view that whole area should be looked at in an overall fashion by Hennepin County. McMillan stated she understands the County has a number of road projects already planned and that she is not sure where that would fall into the scheme of things, but that Orono is here to help out when the County is ready to start discussing and reviewing the project. Callison stated she will check to see when it is listed in the Capital Improvement Program. Callison stated the first step would be to get it listed on that plan. Item #04 - CC Agenda - 11/24/2014 Approval of Council Minutes 11/10/2014 [Page 6 of 32] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 27, 2014 7:00 o’clock p.m. _____________________________________________________________________________________     Page 7 of 32  7. RECAP OF 125TH ANNIVERSARY CELEBRATION – PHOTOS AND RECOGNITION McMillan noted the City’s 125th anniversary was held approximately two weeks ago at the Pioneer Museum in Long Lake and that it was a wonderful event with lots of good history regarding the local communities. Loftus stated on Saturday, October 18, approximately 85 people attended the open house event commemorating Orono’s 125th anniversary. The attendees were there to learn and explore Orono’s rich history. The visitors were greeted with refreshments prepared by a local resident, April Wysocki, who runs Country Cake Cupboard, and with some very nice Orono memorabilia. In addition, Dumas Apple House donated an arrangement as well as a welcome gift for each of the visitors. Loftus stated there is a rich history of apple orchards in Orono. The Dumas Apple Orchard also put together a handout of family recipes that was distributed to the attendees. Loftus displayed pictures taken at the event. Loftus stated the guests toured collections of historic photos, maps, documents, and artifacts that paint the picture of Orono as having a storied history of being both an agricultural community and a Lake Minnetonka destination. Loftus noted the Pioneer Museum has received some world-wide attention recently over the 1,000-year- old canoe that was found on the shore of North Arm in Orono. Loftus stated the event was also attended by past and present City dignitaries and that they posed for a group picture. Loftus indicated there is a similar photo that was taken at the 100 year anniversary celebration that is on display at the museum. Loftus stated the 125th anniversary celebration was a fun and educational event for everyone who shares a passion for Orono. Loftus stated one special part of the event was a local storyteller, Bob Gash, who spoke about how the roads in Orono came to be named. Loftus stated Mr. Gash has developed a handout that was distributed, which will also become part of the City’s history on the City website. Lastly, the City would like to thank West Hennepin County Pioneer Association and the Pioneer Museum for generously hosting the event and for their endless volunteer efforts in preserving the area’s history. Loftus noted the Mayor at this time would like to present Bob Gash and Board President Nancy Ferrell- Gang with a donation to support their work in preserving Orono’s history. McMillan presented Bob Gash and Nancy Ferrell-Gang with a donation to the Pioneer Museum. Bob Gash thanked City Administrator Loftus for becoming a good student of Orono history. Gash noted Mr. Mack’s son was the bagpipe player at the end. Gash stated he would like to say thank you to the Council and Mayor for their interest in Orono’s history. Gash noted both Mike Gaffron and himself were in attendance at the 100-year celebration. Gash noted County Road 19 was one of the original Native American trails leading from Shakopee, through the Narrows, and past Lakeview Golf Course. Item #04 - CC Agenda - 11/24/2014 Approval of Council Minutes 11/10/2014 [Page 7 of 32] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 27, 2014 7:00 o’clock p.m. _____________________________________________________________________________________     Page 8 of 32  (7. RECAP OF 125TH ANNIVERSARY CELEBRATION – PHOTOS AND RECOGNITION, Continued) Levang commented it was a really enjoyable day and that she hopes the attendees, by coming to the Pioneer Museum for this event, will come back to visit with their friends and family. Gash noted Long Lake was once part of Orono until 1906 and so the event was held in “Old Orono.” PLANNING COMMISSION COMMENTS – LOREN SCHOENZEIT, REPRESENTATIVE Schoenzeit stated he had nothing to report but would be available for questions. PUBLIC COMMENTS Bob Devere, 2670 County Drive West, stated the reason he is here tonight is to call the Council’s attention to an article that appeared in the Star Tribune on February 22, 2014. Devere stated when he read the article, it was really a moment that rang a bell with him, especially when it talked about Orono and the fact that the City’s property values have gone down 38 percent since 2004 to the end of 2013. Devere stated he understands the supply and demand concept in the housing market as well as the 2008- 2009 financial crisis; which destroyed the housing market, but that he has a concern with the number of homes being built in Orono. Devere indicated he was driving down Willow Road between Watertown and County Road 112 and noticed that the City apparently approved seven new lots on Willow, which is just south of the development that started back in 2007. Devere stated the developer had built one house and it sat there for years unsold but he has since built more homes that appear to be sold. Devere stated his concern is, based on this article, that Orono has too much housing and that the thing the City should not be doing is constructing more homes. The article talks about the fact that the housing in Orono took nearly 170 days to sell, which is more than twice the metro-wide average. Devere stated in his view the problem with home valuations decreasing is too many homes being built in the area and that he would ask the City Council to do what it can to minimize any increases in housing in the community until the backlog is taken care of. PLANNING DEPARTMENT REPORT *8. #13-3615 JAMES ANDERST ON BEHALF OF NARROWS, LLC, 3380-3386 SHORELINE DRIVE, CONDITIONAL USE PERMIT AMENDMENT – RESOLUTION NO. 6457 Levang moved, Printup seconded, to adopt RESOLUTION NO. 6457, a Resolution Amending the Approved Site Plans Attached to Resolution No. 6353, File No. 13-3615. VOTE: Ayes 3, Nays 0. Item #04 - CC Agenda - 11/24/2014 Approval of Council Minutes 11/10/2014 [Page 8 of 32] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 27, 2014 7:00 o’clock p.m. _____________________________________________________________________________________     Page 9 of 32  9. #14-3691 SOURCE LAND CAPITAL, 405 NORTH ARM DRIVE – PRELIMINARY PLAT This item follows Item No. 10. 10. #14-3689 LAKESHORE HOLDINGS, LLC – 2490 CARMAN STREET – VARIANCE – RESOLUTION NO. 6458 McMillan noted the Council looked at this application two weeks ago and that the reason she did not want this item on the Consent Agenda is that she would like one clarification on the resolution. Curtis indicated Staff has reviewed Paragraph No. 5 on Page 3 of the resolution and that she can read the suggested change Staff has come up with. Staff would suggest the paragraph be changed to read as follows: “The applicant understands and is hereby put on notice that the City is not required to screen the fire lane from adjacent properties. The City may institute measures to development approvals or other means to preserve landscaping and regulate or remove encroachments which have the potential to interfere with direct access by the public.” McMillan stated that change makes sense. McMillan stated she does not believe the applicant is here tonight and that she does not know if that will be an issue. Curtis stated the change goes to the intent of the changes that were discussed last time. Mattick noted the change is not imposing any conditions on the applicant but is more of a statement of what the City is or is not going to do with that area. Mattick stated the change makes it clear that the public can use the area and that the City is not necessarily required to screen it, but it makes it clear that the City will remove any encroachments if they should occur. Mattick stated it provides notice to the applicant of what the City will or will not do. McMillan commented this is the type of boilerplate language that could be used in future resolutions to provide clarity to what can be done with the fire lanes. McMillan stated she would also like Staff to begin work on placing some standard markers at the fire lanes and that perhaps the City could use recycled green plastic that is approximately one foot high, which would be a subtle visual marker. Levang stated the markers do not necessarily need to be accompanied by any signage but could serve to simply identify the fire lanes. McMillan suggested the markers be discussed in a future work session and that she would like to continue to work on clarifying the fire lanes in the City. Mack stated the Public Works Department has indicated they would be able to mark those locations with the GPS so that if in the future a question arises, the City can go back out and verify the boundaries. Item #04 - CC Agenda - 11/24/2014 Approval of Council Minutes 11/10/2014 [Page 9 of 32] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 27, 2014 7:00 o’clock p.m. _____________________________________________________________________________________     Page 10 of 32  (10. #14-3689 LAKESHORE HOLDINGS, LLC – 2490 CARMAN STREET – VARIANCE – RESOLUTION NO. 6458, Continued) Levang moved, Printup seconded, to adopt RESOLUTION NO. 6458, a Resolution Granting Variances from Orono Municipal Code Sections 78-330, for the property located at 2490 Carman Street, with Paragraph No. 5, Page 3, being amended to read as follows: “The applicant understands and is hereby put on notice that the City is not required to screen the fire lane from adjacent properties. The City may institute measures to development approvals or other means to preserve landscaping and regulate or remove encroachments which have the potential to interfere with direct access by the public.” VOTE: Ayes 3, Nays 0. 9. #14-3691 SOURCE LAND CAPITAL, 405 NORTH ARM DRIVE – PRELIMINARY PLAT Jeffrey Majkrzak, Source Land Capital, was present. Steve Grittman, Consulting City Planner, stated before the City Council tonight is the preliminary plat application for the Lakeview Golf Course and it is essentially the same information that was presented to the Planning Commission last Monday. Grittman stated as it relates to the status of the project, the Comprehensive Plan Amendment, which started last fall and was approved by the City Council in January, was initially on the Metropolitan Council agenda for May of 2014. During that period of time, a determination was made to proceed with an Environmental assessment Worksheet for the project and the City subsequently requested that the Metropolitan Council table action until completion of the EAW process. In September of 2014, the City Council made a negative declaration on the Environmental Assessment finding no potential for significant environmental impacts and further finding that no Environmental Impact Statement was required. The Comprehensive Plan Amendment is currently scheduled for Monday, November 3, 2014. The Planning Commission held public hearings in September and October on the preliminary plat and voted 7 to 0 to recommend approval of the preliminary plat subject to the recommendations contained with the staff report. The Planning Commission also recommended the developer to be given flexibility with regard to the location of required boulevard trees and that the proposed park outlot parcel presented as a “privately owned public space” be included in the plat. The gross acreage of the parcel is approximately 148 acres, with some eight or nine acres of that area being platted as outlots to accommodate the private streets. As a result, the site ends up with approximately 128 acres of lot area in the plat. The applicant is showing 46 single-family residential lots. Two outlots would be reserved for other uses. One outlot along County Road 19 and would at some point in the future be platted as a single-family lot that would not technically be part of the Lakeview development. There is also an outlot along North Arm that is being considered for a park consisting of approximately 4.5 acres. That outlot was originally shown on the concept plans as a potential development lot, but if the preliminary plat is approved tonight, it would converted to a park. Item #04 - CC Agenda - 11/24/2014 Approval of Council Minutes 11/10/2014 [Page 10 of 32] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 27, 2014 7:00 o’clock p.m. _____________________________________________________________________________________     Page 11 of 32  (9. #14-3691 SOURCE LAND CAPITAL, 405 NORTH ARM DRIVE – PRELIMINARY PLAT, Continued) The minimum lot size in this district is two acres. All of the lots in the development do meet the 2-acre standard. The applicants have adjusted their plat to meet that standard. The largest lot is 5.8 acres in total area, but the average is 2.53 acres of lot area. Another standard for this district is a 200-foot width. There are seven lots that are between 150 feet and 199 feet where the applicant is requesting flexibility under the PRD standard. Grittman indicated 54 percent of the gross area is located in a conservation easement and the development consists of 7,200 lineal feet of private streets, with a 28-foot construction width and a series of 55-foot wide outlots accommodating the streets. Two of the cul-de-sacs exceed 1,000 feet and the applicants are seeking flexibility under the City’s PRD standard. Staff does not believe there will be any traffic issues within the development associated with the proposed streets. Grittman noted the applicants have indicated some of the internal street curves do not meet the City’s 30- mile per hour design standard and are seeking PRD flexibility allowing such design. The City Engineer is currently reviewing that design. Grittman displayed the plat layout on the overhead and indicated the black boxes are conceptual house locations. The applicant was requested to depict house locations on the plat that would be feasible but the plat does not intend to restrict the building pads to those areas and they will be custom graded and built for each property owner. At the Planning Commission meeting, the applicant requested some flexibility from the tree street planting requirement. The intention of the applicant was to have a natural design in the landscape that did not have a regular street tree planting arrangement. The Planning Commission was accepting of that idea but not with a reduction in total tree planting. Staff recommends the following conditions: 1. Grant the PRD approval, which is incorporated into the design. 2. Develop and identify process for property owner notification of use limitations and preservation requirements in conservation areas. 3. Consider and adopt City Engineer recommendations related to street design and construction. 4. Identify use and availability of trails for public and/or private use. 5. Specify a mechanism to ensure the Homeowners Association continuing responsibility for management maintenance and improvements. 6. Adopt City Engineer recommendations related to septic system locations and treatment. 7. Wells constructed and located according to MDH regulations and plat drawings modified to label or identify well locations. Item #04 - CC Agenda - 11/24/2014 Approval of Council Minutes 11/10/2014 [Page 11 of 32] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 27, 2014 7:00 o’clock p.m. _____________________________________________________________________________________     Page 12 of 32  (9. #14-3691 SOURCE LAND CAPITAL, 405 NORTH ARM DRIVE – PRELIMINARY PLAT, Continued) 8. Redesign the intersection of Lakeview Parkway and West Arm/Forest Arms to a safer alignment. 9. Lot access (Driveway) locations shall be in accordance with the submitted site plan or, if relocated, shall meet the City’s design specifications and all other zoning regulations as applicable. 10. The City Engineer should provide comment and recommendation regarding the acceptability of proposed retaining wall locations and related construction details, including street visibility for intersections bounded by such walls. 11. Modification of retaining wall locations to support 10-foot setback buffers for septi areas. 12. All utility services shall be provided in underground locations and within designated utility easements. 13. City Officials determine whether or not Outlot 1 (Privately owned and maintained open space devoted to public use) is acceptable for City-credited park land. 14. If development identification signage is to be provided, planned sign locations shall be illustrated on the site plan and subject to City approval. Such signs, if provided, shall meet applicable City sign requirements and be subject to sign permits. 15. As part of final plat/PRD approval, the applicants shall enter into a development agreement with the City and post a financial security required by it. In addition to common development agreement topics and those identified by other Staff, special elements of the development contract may include the following items: a. Homeowners association organization and funding. b. Process for ensuring ongoing ownership and maintenance of the improvements by the association and the continued participation by all plat residents. c. Private property maintenance and use restrictions of the conservation easement. d. Notification process for future buyers into the plat as to conservation easement, homeowners association, and other responsibilities. e. Process necessary for re-platting of Outlots C and 1 as residential lots, if applicable. f. Park dedication requirements specifying the resolution of the proposed park on Outlot 1. g. Integration of Prairie Restorations’ recommendations for conservation easement seeding and maintenance. Item #04 - CC Agenda - 11/24/2014 Approval of Council Minutes 11/10/2014 [Page 12 of 32] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 27, 2014 7:00 o’clock p.m. _____________________________________________________________________________________     Page 13 of 32  (9. #14-3691 SOURCE LAND CAPITAL, 405 NORTH ARM DRIVE – PRELIMINARY PLAT, Continued) 16. Comments of the City Engineer and other City Staff. McMillan thanked Mr. Grittman for his work on this project over the past year as well as the work of the Planning Commission. Printup stated he had a question on some follow-up that was talked about at the Planning Commission meeting around ground penetrating radar. Printup stated he came away from the meeting with the understanding that septic sites on the southern portion of the golf course is a concern and that the residents would like the City to make sure the developer locates the drain tile on the site. Printup asked whether that is something that Staff can incorporate. Martini stated some of Staff’s comments in the report relate directly to the drain tile. It appears drain tile was installed prior to this site becoming a golf course, and over time some additional tile has been put in place, which is common with a golf course type of use. Martini stated it appears that there may be some knowledge about how that area is drained but that Staff would like some further identification of the location of the drain tile. Martini stated that can be accomplished through ground penetrating radar or exploring through some backhoe work. Martini stated they also spoke about doing some more research to see what records exist for the tile system. Martini stated Staff and the developer have a pretty good idea where some of the drain tile is, such as around tee boxes and low areas. Martini stated there are some different methods to get a better handle on what the tile system is and that Staff would want to obtain that information going forward with this process, particularly around the septic sites and how it relates to the wetland management and overall drainage for the site. Printup asked if that would be done at the front end rather than as the sites are developed. Martini stated it is a question of what level of detail should be required at each step. Martini stated typically with preliminary plat, the developer will create a layout of the lots and the streets as well as provide a general idea of where the conservation easements will be located. Staff has asked for some additional information which will be needed to bring the process to completion, and that the question is whether that information will have an impact on the preliminary plat. Martini stated Staff is aware that the drainage is a concern but that will need to be worked out. Levang stated she appreciated the presentation by Mr. Grittman as well as the comments by Mr. Martini and that she feels comfortable with what has been included in the reports. Jeffrey Majkrzak, Source Land Capital, stated Pat Hiller is unable to be here tonight due to a family emergency. Majkrzak stated Staff’s presentation was very concise and that he will speak about the park concept. Majkrzak indicated they have been working with the area residents on a park concept through this process and that they have ended up with the concept of a privately owned public space concept, which would replace any public funded space. Majkrzak noted n city involvement or funding would be necessary as a part of that concept. Item #04 - CC Agenda - 11/24/2014 Approval of Council Minutes 11/10/2014 [Page 13 of 32] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 27, 2014 7:00 o’clock p.m. _____________________________________________________________________________________     Page 14 of 32  (9. #14-3691 SOURCE LAND CAPITAL, 405 NORTH ARM DRIVE – PRELIMINARY PLAT, Continued) Majkrzak indicated the park space would be jointly owned in a 501.C3, with the site controlled by the Lakeview Homeowners Association and the Victoria Estates Homeowners Association. The site will be open to the public but privately owned and maintained by the private homeowners associations. Majkrzak stated the citizens group has commissioned a landscape design by Dale Gustafson. Source Land supports the concept and feels it would be a very good use of the space. The park would consist of 4.5 acres and would predominantly be a passive park concept consisting of walking trails, benches and historic monuments. The trails will connect to both Lakeview Parkway and to North Arm Drive. Majkrzak noted while the concept drawing did show a few parking spots, there will be no parking spaces in the proposal and it would be a walk-up only park. Majkrzak stated Source Land understands the concerns related to the conservation easement documents. The goal is to have the documents very clear on the concept and philosophy of the conservation areas and would allow only limited access to those areas. The homeowners association will have oversight of these areas and markers will be clearly displayed on each lot at each corner. Majkrzak indicated the signage will be permanent. As it relates to the trees, there are just under 25,000 total inches of existing trees. 4,400 inches are required to be removed as part of the grading of the streets and driveways. In addition, Source Land would like the ability to remove some of the invasive trees that are not compatible with the ecosystem that Source Land is attempting to create on this site. Majkrzak stated in his view there is a lot of agreement among the parties that a tree every 40 feet is not ideal for this development. Majkrzak stated in their view Source Land is making a substantial investment in the restoration of this site and the privately owned public park space and that they would request some flexibility on replanting of the trees. Majkrzak indicated they would like to go with the recommendation of Prairie Restorations. Mark Simenson, Prairie Restorations, stated this is one of the few times that they are invited in to create a prairie. The conservation easement area on this site flows very well for this type of restoration and creates wildlife corridors and frames the lots. Simenson stated there are four basic prairie types included on this site: mixed grass, tall grass, tall wet areas that are closer to the wetlands, savannah areas, and then a small area that is short dry prairie grass. Simenson noted the other parts consist of woodlands, which have a large amount of buckthorn and invasive species in it. Simenson stated in their view the best way to handle it is to remove the buckthorn, the honeysuckle and the other invasive species, and then letting the natives come back in as well as adding native species over time. Simenson stated the restoration will be a long-term deal. Simenson stated the other part of the restoration would include right-of-way brushing or selective cutting. Simenson stated he knows from past work with the City of Orono that there have been some issues with that, and that if you go to the eastern portion where there are some existing chain link fencing and split rail fences, 90 percent of the vegetation is buckthorn or invasive species. Simenson stated the nice aspen trees and things like that will be retained but that in his view the majority should be removed, which would improve views into the site and create some great panoramic vistas. Item #04 - CC Agenda - 11/24/2014 Approval of Council Minutes 11/10/2014 [Page 14 of 32] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 27, 2014 7:00 o’clock p.m. _____________________________________________________________________________________     Page 15 of 32  (9. #14-3691 SOURCE LAND CAPITAL, 405 NORTH ARM DRIVE – PRELIMINARY PLAT, Continued) Simenson stated for anyone who drives by the development on the eastern portion, there are a number of Colorado blue spruce trees and red cedar trees. Simenson noted Colorado blue spruce trees were planted in the 1950s and 1960s and that that type of tree does not do well in the Minnesota climate and tend to start to die from the bottom up after 30 years. Simenson noted the red cedar is an aggressive type of tree and that they tend to replant via the birds dropping seeds in the prairie areas. Simenson indicated he would like to remove the majority of those trees to prevent that problem and that they would like some flexibility on the number of trees that can be removed as well as replanted. Simenson stated selective planting of groups of trees would look nicer. McMillan noted there was a good amount of information contained in his report that he has submitted about the native and nonnative trees. McMillan stated the types of trees and plants being proposed for this site are not the kind of things a person would see readily in nurseries but that it fits in with the conservation design that Orono has always inspired to have. Mayor McMillan opened the public hearing at 8:14 p.m. McMillan noted the City Council has had the opportunity to review the minutes from the Planning Commission meeting and that she would encourage the residents to limit their comments to items not raised at the Planning Commission. Donna Hager, 4580 West Branch Road, stated she has a problem with the idea of putting a septic system just 20 feet from her back yard and feet away from her well. Hager stated the proposed septic system is also located in a wetland area that was developed as a result of a green being raised directly behind her house. Hager stated the green was raised with many, many tons of dirt, which created more runoff to her property. Hager reiterated she is not happy to see some mound systems being proposed for behind her property since it will impact her property with runoff. Hager stated the other reason she does not want the septic systems in that location is due to the fact that she only owns one acre. Hager noted the proposed lot consists of 4.5 acres and that it seems like they should be able to find a spot closer to them rather than two blocks away from where the proposed house is going to be. Hager commented she is actually outraged by it and that she believes in neighborliness and would never think of shipping her sewage over to somebody else’s back yard a block or two away. Hager stated in her view it is right and that she is amazed that that would be allowed 20 feet from her property line. Hager noted the septic system would also be located on a slope. The slope creates ravines and crevices and floods her basement and that the situation will likely become worse. Hager noted the septic sites are also located in conservation areas. Hager indicated she spoke this week to the engineer and was informed of the acreage of this other lot and that they could not find another place on 4.5 acres to put the septic system in another spot. Hager indicated she is concerned for health reasons and wildlife reasons and that there are deer that come through her wooded acre. Hager stated in her view this septic system will impact the wildlife because there will be fencing around it. In addition, there are also 25 huge trees, 100 feet tall, which are marked to be cut down so the septic system can be put there. Hager indicated she is also outraged over that. Hager asked what should come first – a septic system, trees, wildlife, the earth, drinking water, her home, her life, her health, or the septic system. Item #04 - CC Agenda - 11/24/2014 Approval of Council Minutes 11/10/2014 [Page 15 of 32] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 27, 2014 7:00 o’clock p.m. _____________________________________________________________________________________     Page 16 of 32  (9. #14-3691 SOURCE LAND CAPITAL, 405 NORTH ARM DRIVE – PRELIMINARY PLAT, Continued) Hager stated when she left the meeting last Monday night, Pat Hiller was in the hallway to answer questions. Hager indicated she waited for the others to ask their questions and then she was going to ask him about why the septic system is going to be there. Hager stated she only learned about it on her own by seeing all the stakes two weeks ago and that Pat Hiller asked her if she was trying to deny him his right to sell a lot. Hager indicated she is not attempting to do that but that she was there to ask questions about protecting her property, the wildlife, and the trees. Hager stated she does not know whether to cry, be angry, or roll up in a ball. Hager stated the City needs to think about the people who have lived in that neighborhood for years, noting that she has been there for 54 years. Hager stated the developer needs to respect and work with the residents and that it seems like everything is hidden and that they only find it out by accident. Hager requested the City Council pay attention to the Orono residents since they pay taxes, vote, and participate in civic events. Brenda Johnson, 520 North Arm Drive, stated the residents have been collaborating with the developer about a park and that in her view the POPS park is a win/win solution. Johnson asked if the County Road 19 trail is going past the Lakeview Golf Course. McMillan indicated that is a trail that is located in Navarre and does not go all the way down County Road 19. Johnson stated it would be nice to have this trail link to that. Johnson noted along North Arm it is difficult to walk safely and cutting the buckthorn would be a positive thing to do. Johnson stated she understands the utilities are going to be underground for this development but that there are a lot of poles along North Arm. Johnson asked if those poles would be eliminated. Grittman stated the underground requirement would normally be for new utilities and that he is not sure whether there would be any change to the existing facilities. Martini stated his guess would be that they would remain the same. Johnson stated it would be nice to know the direction of the tiles. Johnson stated when the nearby residents experienced heavy rains this year, it was clear that there was drainage coming from the drain tiles and that the residents would like to know whether those tiles will affect their properties as this development goes forward. Terri Eastman, 4520 West Branch, asked if there are two septic sites for each lot. McMillan stated each lot would have a primary and an alternate. Rusty Olson stated if something happens to the primary site that cannot be repaired, there is an alternate site that is protected. Item #04 - CC Agenda - 11/24/2014 Approval of Council Minutes 11/10/2014 [Page 16 of 32] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 27, 2014 7:00 o’clock p.m. _____________________________________________________________________________________     Page 17 of 32  (9. #14-3691 SOURCE LAND CAPITAL, 405 NORTH ARM DRIVE – PRELIMINARY PLAT, Continued) Eastman stated today the residents watched the contractor erect the metal stakes for the septic sites and asked whether they will be looking at those stakes forever. Eastman indicated the stakes are right outside her back window and that she put in 13 windows when they remodeled to be able to look out and now all they see are four septic mounds. Olson stated they have to protect that area so when they start the grading, the excavators do not drive over them. Olson indicated those areas are being marked for the construction. Eastman asked how long they will be looking at them. Gaffron stated those fences will probably be up until the individual lots are built on. Eastman stated that is not fair and that the poles and fencing will be 60 feet from her back door. Gaffron stated once the site grading is done, such as the roads and other initial grading, individual lots will be developed. Gaffron stated the developer has to protect those sites during the construction, but whether or not they use the same fencing can be up for discussion. Gaffron stated perhaps the fencing can be removed until they work on that site, but noted typically the City requires in a subdivision of this type that the fencing stays up until the house is built on that site to prevent issues in the future. Eastman asked if the developer knows at this point which one will be the primary septic site and which mound system will be constructed. Olson stated the mound systems will tend to blend into the area. Eastman asked if one is going to be on a tee area. Olson stated the contractor must be staking further out than what they need to and that he did not put any septic systems on a tee area. Olson indicated he will look at the areas to see if the contractor is putting the stakes in the correct spots. Eastman asked if the No. 12 tee that was raised approximately 12 feet a few years ago will be removed. Zach Cizek, EVS, stated in that location the contamination of the tee box will be repaired, and if there is no grading proposed for that area, it would be put into a conservation area. Majkrzak stated they fully expect the tee boxes will need to be excavated due to the mercury. Eastman commented the back side of their house is all windows and that they will be looking at fences for years. McMillan stated the City could probably work something out with the contractor but that she does not want to get hung up on this issue tonight. McMillan stated the City will work on that and try to come up with a mechanism to get that resolved but that the City Council cannot try to hammer it out tonight. Item #04 - CC Agenda - 11/24/2014 Approval of Council Minutes 11/10/2014 [Page 17 of 32] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 27, 2014 7:00 o’clock p.m. _____________________________________________________________________________________     Page 18 of 32  (9. #14-3691 SOURCE LAND CAPITAL, 405 NORTH ARM DRIVE – PRELIMINARY PLAT, Continued) McMillan requested the residents simply state their concerns tonight and perhaps put them in writing so the City can make sure those concerns are addressed. McMillan indicated she does want to create a mechanism where these concerns can be answered so the residents do not have to look at orange fencing for a couple of years. McMillan stated preserving septic fields is very important for the development but that in her view something can be worked out. Eastman asked if the debris pile will be removed. Gaffron stated it is the City’s expectation that it will be removed and that has been conveyed to the developer from the very start. Majkrzak stated the debris pile was disclosed by the former property owner and that they do plan on removing that. Majkrzak stated in addition EVS has been directed to remove all drain tile they find. Zach Cizek stated they will ensure that the drain tile that is removed will not negatively impact someone further down the line and that they will work with the residents that are located on the perimeter of the property. Eastman stated in the 20 years they have lived there, they have never seen the amount of rain as they have this year. Eastman stated all the runoff coming down the hill is a big concern for the residents. Gaffron asked if there are other options for the systems that are close to the rear lot lines. Olson pointed out the green that the residents were talking about on the overhead. Olson indicated they have to stay to the side of the green, which is why those two systems are there. Olson stated once you get over the hill, there is a 28 percent slope. Olson stated another portion of that area was excavated out for the fairway so a septic system cannot be put in that area, and then there is another area for drainage, which is why the septic systems are located where they are. Hager indicated she witnessed the grading of the green and that tons of dirt was added and it is not original soil. Olson stated that is why he cannot put the septic system on the tee. Olson pointed out the area of the fill and noted that the two nearby areas are too steep for a septic system and that there is also a low area for drainage. Hager pointed out the direction of the drainage and her property. Olson stated if there are stakes 20 feet from her property, they are too close. Hager stated her point is that that area is not original soil and that her understanding is that a septic system needs to be put in original soil. Hager indicated six feet of fill was brought in and that it is not original soil. Olson stated he cannot put the septic system on the green. Item #04 - CC Agenda - 11/24/2014 Approval of Council Minutes 11/10/2014 [Page 18 of 32] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 27, 2014 7:00 o’clock p.m. _____________________________________________________________________________________     Page 19 of 32  (9. #14-3691 SOURCE LAND CAPITAL, 405 NORTH ARM DRIVE – PRELIMINARY PLAT, Continued) Mack stated Staff will not be issuing any septic permits until the design is reviewed against the criteria of the PCA and that there is a setback criteria for existing wells that must be followed as well. Mack indicated there must be at least 50-foot setbacks to a deep well and a 100-foot setback to a shallow well. Mack stated those setbacks must be verified before Staff will issue the permit. McMillan asked Staff to explain the process the applicant will need to go through. Gaffron stated those lots cannot be created unless there are two septic sites. McMillan asked what determines which site is a primary and which one is an alternate. Olson stated it would be the decision of the homeowner. Olson stated the further the septic system is located away from the home, the more expensive it will be to install. Olson stated the City could mandate which one is primary and which one is alternate but that typically it is left up to the homeowner. Gaffron stated the City has never dictated that before and that it is possible the City could require that the septic site that is not located in the conservation area be utilized first. Bob Devere, 2670 Countryside Drive West, stated this is the very thing that he objected to during the public comment portion of the meeting. Devere stated 46 to 47 more homes will be built as part of this development. Devere stated property values have gone down in Orono due to the over-abundance of housing and that it is not good for anyone in Orono to have this much building going on. Connie Piepho, 540 North Arm Drive, noted the Bolton & Menk report stated there were some septic systems were infringing on the 20-foot setback. Piepho asked if those would be approved. Olson stated he received the report less than two weeks ago and that he is in the process of going through those septic systems. Olson stated as of right now, he has found that Lot 4, Block 1, needs to be moved four feet. Olson noted the City of Orono has their setbacks from what is called the absorption area of a mound system and that he will need to keep a 20-foot setback from that area. Olson noted the absorption area is a smaller portion inside the larger box and that the larger box that is shown on the plat is the zero point. Olson indicated the zero point is where the ground meets ground and that the top of the mound system would be 63 feet long and then goes down at a 4:1 slope. Olson stated the setbacks need to be 20 feet from the absorption area but that some of the downhill slopes will be closer than 20 feet. Piepho asked how many septic sites will require a variance. Olson stated none of the sites will require a variance and that the one septic site will need to be relocated four feet to meet the 20-foot setback. Olson stated he is still in the process of reviewing all the septic sites, but that in the end all septic sites will meet the 20-foot separation. Piepho asked what would happen if it is found that Lot 17 was graded at one point. Item #04 - CC Agenda - 11/24/2014 Approval of Council Minutes 11/10/2014 [Page 19 of 32] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 27, 2014 7:00 o’clock p.m. _____________________________________________________________________________________     Page 20 of 32  (9. #14-3691 SOURCE LAND CAPITAL, 405 NORTH ARM DRIVE – PRELIMINARY PLAT, Continued) Olson stated he would not be able to put a septic system there. Olson stated when he drilled test holes, it showed that the land was not graded or filled in the area where the two boxes are located. Olson stated if it had been excavated or filled, he would not have been able to use that area since it has to be original soils, which are non-manipulated, non-compacted, and non-organic soils. Hager noted it is very close to the wetland. Olson stated he has to be 50 feet from the wetland and that the septic system is located over 50 feet from that wetland. McMillan stated the City will ensure that all the septic sites are compliant prior to approval of the final plat. Eastman asked why the fences are being erected now. Olson indicated that is for the grading of the greens. McMillan noted some of the tops of the greens will need to be removed. McMillan stated she is not sure when the prairie plantings will be done but that it likely will be done before any houses are constructed. Eastman asked what the estimated time is. McMillan stated the City does not have a definite answer for that at this time. McMillan stated once the application gets further in the process, Staff could probably better answer that. Levang stated she would like to discuss the boulevard trees. Levang stated she is not in favor of a landscape plan that requires a tree every 40 feet since it is too artificial and that she is not interested in the formula but more interested with achieving a natural look. Levang indicated she would be very amenable to hearing what Prairie Restorations would recommend to allow for an integration of the type of trees that would be appropriate. Levang stated when someone is going through all this trouble to restore the area to a more natural state she does not feel a tree every 40 feet would help that vision. Levang stated she is also glad there will not be a parking lot for the park and that she would prefer a natural park the neighbors can walk to. Levang asked if the trail will go through the entire park. Majkrzak stated the concept is that people would walk to the park. Majkrzak noted there are two accesses to the park from Lakeview Parkway. Levang asked if the trail would go around the entire property or just around Section A. Majkrzak indicated it would go in the area that is highlighted. Majkrzak indicated the trails would primarily provide access to Lakeview Parkway but a portion of the trail will go through the park. Majkrzak stated to his understanding it is a five-mile walk around the perimeter. Item #04 - CC Agenda - 11/24/2014 Approval of Council Minutes 11/10/2014 [Page 20 of 32] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 27, 2014 7:00 o’clock p.m. _____________________________________________________________________________________     Page 21 of 32  (9. #14-3691 SOURCE LAND CAPITAL, 405 NORTH ARM DRIVE – PRELIMINARY PLAT, Continued) Mark Simenson stated the area will end up being more of a complement to what is on the rest of the site and that the trees will be planted in little pockets. Simenson indicated they will be putting in oaks, iron woods, and maples, and they will be working with the neighborhood on the views and vistas. Levang asked how visible the trail will be from North Arm. Majkrzak stated given the elevation, it will be very visible. Majkrzak stated one item that has not been discussed is the mercury on the site and that it is a fairly significant issue. Majkrzak indicated they are currently testing to find the hot spots and that in total there will be like 400 and some core samples taken. Majkrzak stated they expect to find the same as what they saw at Red Oak, which will require the greens to be excavated anywhere from 12 to 24 inches. Majkrzak stated from the greens they sometimes have to go out 16 to 20 feet. Majkrzak noted mercury tends to sit in a certain spot. Even though the product has not been used for 20 years, it has not moved much. Majkrzak stated the fencing is being put up to protect the septic systems, but the first mobilization will be to get the mercury out. Majkrzak stated they initially hoped they would be able to remove the mercury this fall, which will likely not happen, and that the current plan is to clean up the mercury in the spring. Majkrzak stated there will be a period of time where they are removing that soil and then there will probably be a month or so while the site is deemed to be clean. Majkrak stated by midsummer they hope to start development work but that in his view it will not be any sooner than that. Majkrzak stated had it not been for the environmental issue with the mercury, they could have been more flexible with some of the fencing, but that they need to excavate the greens. Hager stated the stakes that say septic go onto the green behind her house. Majkrzak stated there may be some confusion about the metal stakes and that they are denoting the perimeter of the site. Hager stated the wood stake is located in the green. Olson stated he will check on that this week. Zach Cizek indicated it could be an offset stake. McMillan stated there will be some cleanup on the site of the mercury, which will create more of a disturbance given the fact that there are 18 greens, but that the positive is that the mercury will be removed. McMillan stated in her view in the long term this site will be greatly improved given the prairie restorations that will be done. McMillan stated this is a unique situation and is what Orono aspires to. McMillan noted the developer has made a commitment to create this new ecosystem and the fact that the developer is willing to go through all that expense and do this work is wonderful. McMillan noted there will be a lot of disturbance in the beginning but that in the long-term the project will be very good for the City. Item #04 - CC Agenda - 11/24/2014 Approval of Council Minutes 11/10/2014 [Page 21 of 32] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 27, 2014 7:00 o’clock p.m. _____________________________________________________________________________________     Page 22 of 32  (9. #14-3691 SOURCE LAND CAPITAL, 405 NORTH ARM DRIVE – PRELIMINARY PLAT, Continued) McMillan stated the City still has some minor things that will need to be worked out but that in her view those can be resolved. Staff has identified some areas that need some additional work and will be working with the developer to address those. McMillan stated she would rather have Prairie Restorations come up with a tree plan and that she would like to have the trees planted in a natural way. McMillan indicated she is not so much concerned about the quantity of trees to be planted given the expense being incurred by the developer to create the prairies and that it is likely additional trees will likely be planted by the individual property owners. Printup asked if the MN Department of Health has a lot to say on the septic systems. Olson stated the septic regulations would be through the Pollution Control Agency and that the well regulations would be through the Department of Health. Printup stated he is comfortable with that and that concerns about the southern portion have been heard loud and clear over the past couple of weeks. Printup stated in his view all of the issues are being looked at but that extra attention should be given to the drainage on the southern edge. McMillan stated in fairness to the applicant, she would like to keep the application moving along. McMillan asked what the next step in the process would be. Grittman stated the preliminary plat would need to be approved by a resolution and that the City Council could direct Staff to draft a resolution. Staff will attempt to incorporate all the details that have been identified. Levang stated she is okay with the flexibility on the seven lots, the cul-de-sac length, and the trees. Grittman stated the other issue was the street design, which the City Engineer is currently looking at. Levang moved, Printup seconded, to direct Staff to draft an approval resolution for Application No. 13-3691, Source Lance Capital, 405 North Arm Drive, granting of preliminary plat approval. VOTE: Ayes 3, Nays 0. PLANNING DEPARTMENT REPORT, CONTINUED Mack stated as it relates to 3850 Watertown Road, Staff has been working with the property owner as well as the Minnehaha Creek Watershed District over the excess fill that was brought on to the site. Staff has received confirmation from the Watershed District that fill was placed in the wetland and, as a result, work was immediately stopped. Mack stated Staff will continue meeting with the property owner to correct the situation. Curtis noted the meeting occurred today. Item #04 - CC Agenda - 11/24/2014 Approval of Council Minutes 11/10/2014 [Page 22 of 32] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 27, 2014 7:00 o’clock p.m. _____________________________________________________________________________________     Page 23 of 32  (PLANNING DEPARTMENT REPORT, Continued) Mack stated an update will be brought to the Council. Mack stated as it relates to Chevy Chase Drive, Staff has been working with the property owners to address the drainage issues that were associated with previously approved site work. Mack indicated there has been cooperation among the landowners, which has been a key in addressing some of the concerns and that he is hopeful a solution can be arrived at in the near future. Mack stated on the Kelly Avenue project that was tabled at the Planning Commission, he has been in contact and discussions with the applicant and his site planner. The applicant will be scheduling a meeting in the near future with Staff to discuss the potential of holding a neighborhood meeting in the Navarre area. Mack indicated the Public Works Department has had some good success with some repairs to crushed culverts and that they have also cleaned out some culverts that had some blockages. Mack stated those repairs and improvements should help the drainage in the area next spring. Further study of the area is also being done by the City’s consulting engineer on that and that he hopes to have those results in the near future. PUBLIC WORKS DIRECTOR/CITY ENGINEER’S REPORT 11. PAVEMENT MANAGEMENT PLAN Edwards stated back in April of 2014, the City Council approved Bolton & Menk to update the City’s Pavement Management Plan. on September 8, Bolton & Menk presented some updates to the plan and received Council direction regarding changes. Bolton & Menk has completed those changes and are here tonight to present those changes to the Council. David Martini, Bolton & Menk, stated this is a continuation of the discussion held back in September and that the changes requested by the City Council have been made. Martini indicated the purpose for the review of the Pavement Management Plan was to determine the current condition of the roads maintained by the City, to determine the overall rehabilitation needs of the system, cost estimates, and funding options. Martini noted at the meeting in September, he was directed to make a few adjustments to the plan that was previously presented. Those changes include the addition of a section that addresses trails with some cost estimates and recommendations; the addition of information regarding the City’s municipal state aid system; and removal of some capital improvement information in the appendix of the report, which will stay separate and be included in the Capital Improvement Plan. Martini indicated the City owns and maintains approximately 50 miles of roads that are in various conditions. From a methodology standpoint, the plan looks to work within the existing footprint of the road as it exists today. Martini indicated this plan approached the roads differently in the sense that the roads were divided between low volume roads, collector roads and the municipal state aid system. Martini stated as the traffic increases on the road, the amount of proposed work increases slightly, but it all ties back into working within the existing footprint of the roadway. Item #04 - CC Agenda - 11/24/2014 Approval of Council Minutes 11/10/2014 [Page 23 of 32] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 27, 2014 7:00 o’clock p.m. _____________________________________________________________________________________     Page 24 of 32  (11. PAVEMENT MANAGEMENT PLAN, Continued) Martini noted this is a planning level document, and that as projects are being considered, it would be recommended that a feasibility study be prepared to determine the exact scope of each project. Martini indicated the plan lays out the roads based on different conditions ranging from seal coating and crack sealing to mill and overlays to complete reconstruction. As part of the feasibility study, especially with the roads that are being considered for reconstruction, the option of reclamation would also be looked at. As it relates to funding, the City has a Pavement Management Fund, a municipal state aid fund, the general fund, and possible franchise fees and special assessments. Martini indicated the state aid system is for cities with a population of over 5,000, which Orono is, and is comprised of up to 20 percent of the roads that the City owns and maintains. Those are roads that would be eligible for state aid and include generally the collector roads. The amount of funds received from the state aid system is based on the population and the other 50 percent is based on the needs that have been identified. Orono has approximately 9.5 miles of state aid routes, which includes all or portions of Brown Road, Ferndale, Fox Street, Leaf Street, Old Crystal Bay Road, Watertown Road and Willow Drive. Martini stated presently the City’s annual allocation for road construction is $171,000 a year. The current MSA balance is a little over $867,000. Martini noted in a separate fund the City has $375,000 available and $117,000 available in a maintenance account. Martini stated it is important to point out that the City currently has a portion of its MSA account that is dedicated to debt service, which was $195,000 this year. McMillan asked what some examples of MSA maintenance would be. Martini stated he is not sure whether the City Engineer has any examples of what the City has used MSA funds for in the past, but that generally speaking it would cover patching potholes, crack sealing, and other types of general work that the City’s Public Works Department performs in maintaining the roads. McMillan asked if the state aid money can be used towards construction. Martini indicated he is not sure whether that money can be used for construction, but that the City probably has enough maintenance needs that the money could be used for. Martini stated he will need to get back to the City Council on that item. Martini stated if you look at the overall needs on the system, $4 million has been identified for the low volume roads spread over a 10-year period, $4.5 million has been identified for collector roads, and $3.7 million has been identified for state aid roads. Total needs amount to over $12.3 million over a 10-year period. Martini noted the previous pavement management identified over $20 million in repairs and that the change in philosophy of just working within the road footprint has reduced that number by approximately $8 million. Item #04 - CC Agenda - 11/24/2014 Approval of Council Minutes 11/10/2014 [Page 24 of 32] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 27, 2014 7:00 o’clock p.m. _____________________________________________________________________________________     Page 25 of 32  (11. PAVEMENT MANAGEMENT PLAN, Continued) Martini stated if you look at the type of rehabilitation that is proposed in the plan, on an annual basis it equates to approximately $250,000 per year for a 10-year period. As was discussed at the previous meeting, the City has approximately 30 miles of roads identified in the Pavement Management Plan that would fall into the range of potential seal coating and crack sealing, which would be included in the $250,000. The mill and overlay work would amount to approximately $325,000 per year for 10 years, and $3.2 million is allocated toward reclamation or reconstruction. Martini stated the goal of the City should be to regularly maintain the roads before they get to the point of requiring reclamation or reconstruction. Some information has also been added to the plan on the bituminous trails located within primarily the northern part of the City. Martini indicated they looked at a number of different rehabilitation options for the trails, including removal and replacement of areas that have settled or are severely cracked and preventative maintenance. Martini stead when they looked at the rehabilitation methods and the needs, approximately $191,000 was identified over a 10-year period, for an annual need of $19,000. McMillan noted the trail along Brown Road appears to be in the worst shape. McMillan asked if the trails have been prioritized. Martini indicated the trails have not been prioritized and that they primarily looked at areas that have settled or cracked. McMillan asked if MSA money can be used for trails if it is along an MSA road. Martini stated it is his understanding MSA money can be used if the trail is alongside of an MSA road but that he will verify that. Printup commented that trails are becoming more and more popular. Martini stated Staff is looking for any questions or input the City Council might have on the plan before it is finalized. McMillan stated she has the old pavement management plan but not the updates. Levang asked if a final document will be created. Martini stated the updated document has been loaded on the website and that he will provide some hard copies. Levang stated she likes the inclusion of the trails, which is something the City has not looked at before. Levang asked if there is a similar rating system for the trails. Martini stated the rating system for the trails is on a scale of 1 to 10, which is similar to the roads. Martini noted Ferndale is one trail where there is curb and gutter along the roadway as well as some catch basins. Martini indicated the report identifies where the trails have settled and other maintenance items like that. Item #04 - CC Agenda - 11/24/2014 Approval of Council Minutes 11/10/2014 [Page 25 of 32] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 27, 2014 7:00 o’clock p.m. _____________________________________________________________________________________     Page 26 of 32  (11. PAVEMENT MANAGEMENT PLAN, Continued) Levang asked if the entire trail would be repaired or whether the repairs would be done in spots. Martini indicated it would vary and that they have attempted to break the trails up into smaller sections and apply the appropriate repair or maintenance. Martini stated it would depend on the timing of the project and the goal. Levang moved, Printup seconded, to approve the Pavement Management Plan. VOTE: Ayes 3, Nays 0. 12. WATERTOWN ROAD AND STUBBS BAY ROAD REHABILITATION Edwards noted this item was discussed at the October 13 City Council meeting and was tabled to this meeting. Staff has looked at three different courses of action based on Council’s comments. Edwards noted a fourth option would be not doing Watertown Road at all but that option was discounted since that course of action would have diverted the City from the roads that have the most need. Edwards stated the first course of option looked at completing the project in its entirety in 2015 at a cost of $2.66 million for both Watertown Road and Stubbs Bay Road. Edwards noted this option is less expensive by a few hundred thousand dollars. The second course of action looked at completing the project over a two-year time period, which could be altered to stretch out over a longer period of time. Edwards noted Stubbs Bay Road is not eligible for state funding and that there were slightly higher costs associated with this course of action due to delaying a portion for a year and inflation factors. Edwards stated one advantage to delaying a portion of the project is the potential that other funding sources may develop over time and another advantage is that this takes on the worst section of Watertown Road in the first year. The disadvantage is that the most traveled section will not be done until the second year. Edwards stated the third course of action is over a two-year period of time and provides some flexibility in funding and execution. The other advantage is that it would tackle the most traveled section of Watertown Road first. The disadvantage is that this option would leave the worst section of Watertown Road until 2016 and is more expensive. Staff would recommend going with course of action three and then following up with the other two sections of Watertown Road the following year. Edwards stated the total cost of the project, whether it is done in one year or two years, would be approximately $2.6 million. Approximately $1.2 million is available in MSA funds, which would leave $700,000 that could be borrowed from other City funds. Edwards noted the City would need to repay the money with the appropriate interest if it is borrowed from one of the enterprise funds. Another option would be a potential levy increase. That would equate to $46.81 per year on a $600,000 home for every $100,000 borrowed. Item #04 - CC Agenda - 11/24/2014 Approval of Council Minutes 11/10/2014 [Page 26 of 32] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 27, 2014 7:00 o’clock p.m. _____________________________________________________________________________________     Page 27 of 32  (12. WATERTOWN ROAD AND STUBBS BAY ROAD REHABILITATION, Continued) Edwards noted if the City utilizes all of the money in the City’s MSA fund for the first portion of the Watertown Road project, the City need to wait until 2021 before that fund is replenished enough to complete the second half. The disadvantage to that is that it does not allow anything else to be done on MSA roads until that time. An alternative is if the City adopted a policy to fund 50 percent of any of the City’s MSA reconstruction projects with MSA funds and then finding other funding sources where all of Watertown Road could be done in the first year or two. After that the City could start seal coating or other projects beginning in 2017 as the fund begins rebuilding itself. Edwards noted that assumes the City maintains the same amount of support from the state and the City’s current debt service. Edwards indicated Staff would need a decision from the Council tonight on whether to proceed forward with all or a portion of the work in 2015 in order to go out for bids in the first part of the year or early spring. The first option completes all of the surveying, design work and bidding process this year, which would cost approximately $250,000, and would be less expensive than breaking out all the preliminary work over multiple years by approximately $46,000. The other advantage is that it would look at the project as a whole but the disadvantage is it commits the City upfront to those costs. Another option would be to break the project up by sections and to authorize the survey, design and bidding by the different phases. The estimated cost for that work from Bolton & Menk would be approximately $296,000. Edwards stated part of the reason for the difference in the cost is, regardless of the size of a project, it still comes with a certain amount of administrative fees and that by breaking it out into three or four times, it would present an increased cost. McMillan noted the City Council was originally discussing just doing Watertown Road and then added Stubbs Bay Road as part of the feasibility study since that road had a number of issues. McMillan asked if the Stubbs Bay portion is depicted in yellow on the map and whether there are different ratings for the colors. Edwards stated the color codes have to do with the pavement index and where it was assessed. Edwards noted the darker road is the worst section of Watertown Road where actual reconstruction would be required. Edwards stated the difference between Options 2 and 3 would be the sequencing of the project and that the most traveled section of Watertown Road would be completed first under Option 3. McMillan stated the pavement on Stubbs Bay Road is pretty broken up. Printup stated he likes the layout of the report and the options that have been outlined. Printup stated in talking to people, he has heard a lot of comments about land use and overregulation but that the condition of the roads has become more and more over the last couple of years. Printup indicated he is in favor of moving forward with the surveying, design and bidding for this year since it will show the citizens the City is committed to fixing the roads. Printup asked why Staff recommended option three over the other two options. Edwards stated in his own estimation, options two and three are very close and that it depends on what the City’s priorities are. Edwards stated he recommended option three because it would benefit the most drivers first but that sooner or later the rest of the road has to be done. Item #04 - CC Agenda - 11/24/2014 Approval of Council Minutes 11/10/2014 [Page 27 of 32] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 27, 2014 7:00 o’clock p.m. _____________________________________________________________________________________     Page 28 of 32  (12. WATERTOWN ROAD AND STUBBS BAY ROAD REHABILITATION, Continued) Printup stated based on what he has heard from the residents, he has more people talk about Stubbs Bay Road rather than Watertown Road and that in his view Stubbs Bay Road should be done. McMillan asked if he is thinking from Old Crystal Bay Road to Stubbs Bay Road. Printup stated he is thinking about option three. McMillan noted there are four sections outlined in option three. Edwards stated option three in year one has Stubbs Bay and the most traveled portion of Watertown and then sections three and four in the second year. McMillan noted $824,000 would be available in MSA funding but that the City will need to figure out how to pay for Stubbs Bay Road. McMillan indicated she is in agreement with option three as well since it would be the best use of the funds. Levang stated she also is in favor of option three. Levang noted the road leads to the school and city hall, which is one reason why it receives so much traffic, and that the southern portion of Stubbs Bay gets more use because of Bederwood Park and the public dock. Levang stated when you look at how much patching has been done over the years and the depth of the patching; it is time to stop the patching and to start putting the money into rehabbing the road. Levang stated in her view over the long run it will be a cost savings given the amount of patching that is regularly required. Levang stated she would also like to do all the surveying work now since it would send the message that the City is committed to the project and even delaying sections three and four to 2017 if necessary. McMillan stated she is okay with just doing the engineering for sections one and two since things can change over a couple of years. Printup moved to approve Option 3 with the entire surveying and engineering work being done upfront. McMillan requested Council Member Printup be specific in his motion about what sections he would like to have completed. Edwards stated under option three sections one and two would be completed in 2015, which would be the section of Watertown Road between Stubbs Bay Road and Old Crystal Bay Road and Stubbs Bay from the southern extremity up to Watertown Road. In the second year sections three and four of Watertown Road would be completed in 2016 or 2017 if necessary. Levang stated she would like it clear that phase two would be done in conjunction with Long Lake. Printup indicated he is not sure whether he wants to hitch the City totally with Long Lake on the project in the event Long Lake decides not to move forward with the project in 2016. Item #04 - CC Agenda - 11/24/2014 Approval of Council Minutes 11/10/2014 [Page 28 of 32] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 27, 2014 7:00 o’clock p.m. _____________________________________________________________________________________     Page 29 of 32  (12. WATERTOWN ROAD AND STUBBS BAY ROAD REHABILITATION, Continued) McMillan stated the eastern section is probably in the best shape, but that if there is an opportunity to piggyback on what Long Lake is doing, that would be advantageous and would leave the option open. McMillan stated she would only do the engineering for those two sections in case the City is not able to complete the other two sections for a couple of years. McMillan stated she understands the City could go back and tweak something but that she does not want to spend another $100,000 on engineering for two sections of road that are not going to happen for at least 12 months. Levang asked whether the City would still save time if the project is broken up into two sections rather than four. Martini stated some of the efforts would be duplicated, such as public hearings, and that there is some efficiency to be gained by doing it all at one time but that they are flexible and do it either way. Levang stated she would not want to get the hopes up of people in sections three and four if the City had to delay it until 2017 and that she would feel more comfortable with dividing it into one and two. Martini stated the advantage for the City is the fewer number of projects, the fewer plans and specifications that would need to be put together as well as public meetings and going through the bidding process. McMillan stated there probably will not be a lot of public comment on this stretch of the road unless there is going to be more reconstruction of utilities located in the right-of-ways. Martini stated sometimes those issues arise as they are doing the work. Printup indicated he would leave his motion as is. Motion by Printup died for lack of a second. Levang moved, McMillan seconded, go forward with Option 3, Option B, with the surveying, design, and bidding process to be done by phase. Printup noted it would be approximately $46,000 more to do it that way. McMillan asked if the survey work is what needs to be done now. Martini stated the sooner Staff receives direction on that, the sooner it can be scheduled and that it is now getting to the point of the year where it could snow. McMillan asked if the engineering costs could be revised somewhat. Martini stated he will consult with the Public Works Director with the understanding that they will be looking at two projects rather than one. Item #04 - CC Agenda - 11/24/2014 Approval of Council Minutes 11/10/2014 [Page 29 of 32] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 27, 2014 7:00 o’clock p.m. _____________________________________________________________________________________     Page 30 of 32  (12. WATERTOWN ROAD AND STUBBS BAY ROAD REHABILITATION, Continued) McMillan stated she does not want to spend extra money on something the City is not going to do for the next couple of years and that the engineering work could become outdated. Printup noted there are only three council members present tonight and that he does not want to hold the project up so he will be voting in favor of the motion. Printup comment it is unfortunate the City is not committing to it since the Council has been discussing this for over a year. McMillan stated the Council also needs to figure out how to pay for those other two sections and that is a discussion that can be held over the winter. Levang stated that was also a concern of hers. Levang noted the other two sections will cost over a million dollars and that it is unlikely the City will be able to financially afford to do it in 2015 and that she is not sure whether it will be possible to do in 2016. McMillan stated she does not want to go forward with engineering work on roads that the City does not have the funds to complete. VOTE ON THE ABOVE MOTION: Ayes 3, Nays 0. *13. NAVARRE STREET LIGHT AND SIDEWALK PROJECT – PAY REQUEST NO. 3 AND CHANGE ORDER NO. 1 Levang moved, Printup seconded, to approve Change Order No. 1 in the amount of $11,940 and Pay Request No. 3 for the contractor MP Technologies in the amount of $238,935.79 for the Navarre Street Light and Sidewalk Project. VOTE: Ayes 3, Nays 0. PUBLIC WORKS DRECTOR/CITY ENGINEER’S REPORT, CONTINUED Edwards reported cleanout work has been done on a number of culverts as well as repairing washed out culverts around the City. Edwards stated work was done on the Crestview culvert, Stubbs Bay North culvert, and the Watertown Road culvert, which was damaged by Xcel Energy inadvertently putting a pole through it. Edwards noted the sidewalks and light poles have been installed in Navarre. Beginning this week, work will start on the sanitary sewer lining and manhole rehabilitation project. A preconstruction meeting was held last week. Edwards noted this project will help address the infiltration problem and that the project will continue in the spring with the manhole rehabilitation. Levang asked if Xcel will be paying for the culvert on Watertown Road. Edwards stated he believes so but that those details will need to be worked out. Item #04 - CC Agenda - 11/24/2014 Approval of Council Minutes 11/10/2014 [Page 30 of 32] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 27, 2014 7:00 o’clock p.m. _____________________________________________________________________________________     Page 31 of 32  MAYOR/COUNCIL REPORT Levang noted the City newsletter has been sent out and that there is a good amount of information on voting. Levang indicated the back page of the newsletter is something that can be kept by the residents since it contains frequently called numbers. Printup noted Otten Brothers held an international festival last Friday and that he would encourage the residents to attend next year’s event. McMillan indicated she has spoken with Staff about getting the proposed subdivision signs up on the sites as the applicants go through the application process. McMillan stated the City’s notice signs tend to be small and people do not always notice them as they are driving by or they may not be in the required notification area. McMillan stated having a bigger sign would be helpful. Gaffron noted there has been a sign at Lakeview and Oliver Hill for the past year. Mack stated he took a picture of the sign in Medina and that they are slightly larger than what Orono has. Mack displayed the picture on the overhead. Levang stated the color of Orono’s sign may also make it more difficult to see and that perhaps blue might be more noticeable. McMillan requested Staff check to see how many signs the Public Works Department typically has on hand. CITY ADMINISTRATOR’S REPORT Loftus noted a joint work session with the Planning Commission is scheduled for November 5 to discuss code updates. Loftus stated work on the City Hall remodeling project will begin on approximately November 17 and that that area will be closed off for around four weeks. Loftus stated the metal buildings are on site and construction is moving along. *14. CITY CLERK APPOINTMENT Levang moved, Printup seconded, to appoint Diane Tiegs to the position of City Clerk and to amend the organizational chart as denoted in the attachment to Staff’s memorandum dated October 27, 2014, effective November 10, 2014. VOTE: Ayes 3, Nays 0. *15. DISPOSAL OF FORFEITED VEHICLES Levang moved, Printup seconded, to approve the disposal of a 2008 Honda motorcycle, VIN#JH2PC40138M100059, and a 1998 GMC Jimmy, VIN#1GKDT13E6W2528660, to be auctioned off through the Auto Auction. VOTE: Ayes 3, Nays 0. Item #04 - CC Agenda - 11/24/2014 Approval of Council Minutes 11/10/2014 [Page 31 of 32] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 27, 2014 7:00 o’clock p.m. _____________________________________________________________________________________     Page 32 of 32  *16. LICENSES AND PERMITS Massage Therapy License 1. Wellness by Design Diane Pease 2160 West Wayzata Boulevard Levang moved, Printup seconded, to approve the above listed license. VOTE: Ayes 4, Nays 0. *17. CLAIMS/BILLS Levang moved, Printup seconded, to approve payment of the All Funds Account. VOTE: Ayes 3, Nays 0. CITY ATTORNEY’S REPORT *18. STIPULATION OF DISMISSAL AND TERMINATION OF LOT COMBINATION AGREEMENT Levang moved, Printup seconded, to approve the Stipulation of Dismissal and Termination of the Lot Combination Agreement between Ryan and Stacy Alness and the City of Orono. VOTE: Ayes 3, Nays 0. 19. CLOSED MEETING Levang moved, Printup seconded, to go into closed session pursuant to Minn. Stat. 13D.05, Subd. 3(b) to discuss litigation with the City Attorney regarding Nygard vs Orono. VOTE: Ayes 3, Nays 0. (The City Council went into closed session from 10:08 p.m. to 11:18 p.m.) 20. CONSIDERATION OF INTERIM ORDINANCE TEMPORARILY PROHIBITING SMALL WIND ENERGY CONVERSION SYSTEMS – ORDINANCE NO. 125 Levang moved, Printup seconded, to adopt ORDINANCE NO. 125, an Interim Ordinance Temporarily Prohibiting Small Wind Energy Conversion Systems. VOTE: Ayes 3, Nays 0. ADJOURNMENT Levang moved, Printup seconded, to adjourn the Orono City Council meeting at 11:20 p.m. VOTE: Ayes 3, Nays 0. ATTEST: _______________________________________ _______________________________________ Rachel Dodge, City Clerk Lili Tod McMillan, Mayor Item #04 - CC Agenda - 11/24/2014 Approval of Council Minutes 11/10/2014 [Page 32 of 32] Item #05 - CC Agenda - 11/24/2014 Public Hearing 7:00 pm 2015 Fee Schedule - Ordinances [Page 1 of 42] Item #05 - CC Agenda - 11/24/2014 Public Hearing 7:00 pm 2015 Fee Schedule - Ordinances [Page 2 of 42] Item #05 - CC Agenda - 11/24/2014 Public Hearing 7:00 pm 2015 Fee Schedule - Ordinances [Page 3 of 42] Item #05 - CC Agenda - 11/24/2014 Public Hearing 7:00 pm 2015 Fee Schedule - Ordinances [Page 4 of 42] Item #05 - CC Agenda - 11/24/2014 Public Hearing 7:00 pm 2015 Fee Schedule - Ordinances [Page 5 of 42] Item #05 - CC Agenda - 11/24/2014 Public Hearing 7:00 pm 2015 Fee Schedule - Ordinances [Page 6 of 42] Item #05 - CC Agenda - 11/24/2014 Public Hearing 7:00 pm 2015 Fee Schedule - Ordinances [Page 7 of 42] Item #05 - CC Agenda - 11/24/2014 Public Hearing 7:00 pm 2015 Fee Schedule - 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CC Agenda - 11/24/2014 Licenses & Permits [Page 12 of 35] Item #14 - CC Agenda - 11/24/2014 Licenses & Permits [Page 13 of 35] Item #14 - CC Agenda - 11/24/2014 Licenses & Permits [Page 14 of 35] Item #14 - CC Agenda - 11/24/2014 Licenses & Permits [Page 15 of 35] Item #14 - CC Agenda - 11/24/2014 Licenses & Permits [Page 16 of 35] Item #14 - CC Agenda - 11/24/2014 Licenses & Permits [Page 17 of 35] Item #14 - CC Agenda - 11/24/2014 Licenses & Permits [Page 18 of 35] Item #14 - CC Agenda - 11/24/2014 Licenses & Permits [Page 19 of 35] Item #14 - CC Agenda - 11/24/2014 Licenses & Permits [Page 20 of 35] Item #14 - CC Agenda - 11/24/2014 Licenses & Permits [Page 21 of 35] Item #14 - CC Agenda - 11/24/2014 Licenses & Permits [Page 22 of 35] Item #14 - CC Agenda - 11/24/2014 Licenses & Permits [Page 23 of 35] Item #14 - CC Agenda - 11/24/2014 Licenses & Permits [Page 24 of 35] Item #14 - CC Agenda - 11/24/2014 Licenses & Permits [Page 25 of 35] Item #14 - CC Agenda - 11/24/2014 Licenses & Permits [Page 26 of 35] Item #14 - CC Agenda - 11/24/2014 Licenses & Permits [Page 27 of 35] Item #14 - CC Agenda - 11/24/2014 Licenses & Permits [Page 28 of 35] Item #14 - CC Agenda - 11/24/2014 Licenses & Permits [Page 29 of 35] Item #14 - CC Agenda - 11/24/2014 Licenses & Permits [Page 30 of 35] Item #14 - CC Agenda - 11/24/2014 Licenses & Permits [Page 31 of 35] Item #14 - CC Agenda - 11/24/2014 Licenses & Permits [Page 32 of 35] Item #14 - CC Agenda - 11/24/2014 Licenses & Permits [Page 33 of 35] Item #14 - CC Agenda - 11/24/2014 Licenses & Permits [Page 34 of 35] Item #14 - CC Agenda - 11/24/2014 Licenses & Permits [Page 35 of 35] Item #15 - CC Agenda - 11/24/2014 Claims/Bills [Page 1 of 21] Item #15 - CC Agenda - 11/24/2014 Claims/Bills [Page 2 of 21] Item #15 - CC Agenda - 11/24/2014 Claims/Bills [Page 3 of 21] Item #15 - CC Agenda - 11/24/2014 Claims/Bills [Page 4 of 21] Item #15 - CC Agenda - 11/24/2014 Claims/Bills [Page 5 of 21] Item #15 - CC Agenda - 11/24/2014 Claims/Bills [Page 6 of 21] Item #15 - CC Agenda - 11/24/2014 Claims/Bills [Page 7 of 21] Item #15 - CC Agenda - 11/24/2014 Claims/Bills [Page 8 of 21] Item #15 - CC Agenda - 11/24/2014 Claims/Bills [Page 9 of 21] Item #15 - CC Agenda - 11/24/2014 Claims/Bills [Page 10 of 21] Item #15 - CC Agenda - 11/24/2014 Claims/Bills [Page 11 of 21] Item #15 - CC Agenda - 11/24/2014 Claims/Bills [Page 12 of 21] Item #15 - CC Agenda - 11/24/2014 Claims/Bills [Page 13 of 21] Item #15 - CC Agenda - 11/24/2014 Claims/Bills [Page 14 of 21] Item #15 - CC Agenda - 11/24/2014 Claims/Bills [Page 15 of 21] Item #15 - CC Agenda - 11/24/2014 Claims/Bills [Page 16 of 21] Item #15 - CC Agenda - 11/24/2014 Claims/Bills [Page 17 of 21] Item #15 - CC Agenda - 11/24/2014 Claims/Bills [Page 18 of 21] Item #15 - CC Agenda - 11/24/2014 Claims/Bills [Page 19 of 21] Item #15 - CC Agenda - 11/24/2014 Claims/Bills [Page 20 of 21] Item #15 - CC Agenda - 11/24/2014 Claims/Bills [Page 21 of 21]