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HomeMy WebLinkAbout09-26-2016 Council PacketAgenda for Council Meeting Set for Monday, September 26, 2016, 7:00 P.M. Orono Council Chambers, 2780 Kelley Parkway, Orono, MN 55356 952-249-4600 / www.ci.orono.mn.us The public is invited to address the council regarding any item on the regular agenda. If your topic is not on the agenda, you may speak during the Public Comments section. Roll Call Pledge of Allegiance Approval of Agenda 1. Consent Agenda — Consent agenda items, including (*) asterisk items, are considered to be routine items to be enacted upon by one motion by the City Council under this section of the agenda. Items on the Consent Agenda are reviewed in total by the City Council and may be approved through one motion with no further discussion by the Council. Any item may be removed by any Council Member, staff member or person from the public for separate consideration. If you wish to remove any item from the Consent Agenda, please state the item number and description of the item. Memos regarding each of the Agenda items are available in the Public Packet located in the lobby near the sign in sheet. Approval of Minutes 2. Council Meeting of September 12, 2016* Presentation 3. CSAH 112 Phase 2 Design and Trail Extension 4. 2017 Budget and Preliminary Levy Public Comments — (Limit 5 Minutes per Person) This is an opportunity for the public to address matters not on the agenda. The council will not engage in discussion or take action on items presented at this time. However, the council may refer issues to staff for follow up or consideration at a future meeting. Speakers should state their name and home address at the podium before speaking. Public Works/City Engineer Report 5. Ferndale Road West Drainage Study Public Safety Report Planning Department Report — Planning Commission Representative — Loren Schoenzeit 6. 16-3851 — Peter Bluth, 2413 Carman Street - Variance 7. Street Name Change Request: Fire Station Drive to Rettinger Drive 8. Sex Offender Issue 9. Level II Home Occupation License: 4415 Forest Lake Landing Sign up for email notifications at www.ci.orono.mn.us — follow links for Stay Connected & Email Notification Agenda for Council Meeting Set for Monday, September 26, 2016, 7:00 P.M. Orono Council Chambers, 2780 Kelley Parkway, Orono, MN 55356 952-249-4600 / www.ci.orono.mn.us Mayor/Council Report City Administrator's Report 10. Prosecuting Attorney — Request for Proposal (RFP) 11. Licenses/Permits* a. One Day Temporary Permit for On -Sale Liquor — Long Lake Fire Department 12. ClaimsBills* City Attorney's Report Closed Session 13. Closed Meeting — Labor Negotiation Adjournment Upcoming Events 2016 10-03-16 — Park Commission Work Session 1:00 p.m. 10-10-16 — City Council Meeting, Monday, 7:00 p.m. 10-17-16 — Planning Commission Meeting, Monday 6:30 p.m. (Council Liaison — Jim Cornick Jr.) 10-24-16 — Council Work Session, Monday, 5:00 p.m. 10-24-16 — City Council Meeting, 7:00 p.m. 10-25-16 — LWV Candidate Forum 7:00 p.m. 11-07-16 — Park Commission Meeting, Monday 6:30 p.m. 11-08-16 — General Election Polls Open 7 a.m. — 8 p.m. 11-11-16 — City Offices Closed in Observance of Veterans Day 11-14-16 — City Council Meeting, 7:00 p.m. 11-21-16 — Planning Commission Meeting, Monday 6:30 p.m. (Council Liaison — Lizz Levang) 11-28-16 — City Council Meeting, 7:00 p.m. 12-12-16 — Truth in Taxation 6:30 p.m. 12-12-16 — City Council Meeting, 7:00 p.m. Sign up for email notifications at www.ci.orono.mn.us — follow links for Stay Connected & Email Notification Agenda for Council Meeting Set for Monday, September 26, 2016, 7:00 P.M. Orono Council Chambers, 2780 Kelley Parkway, Orono, MN 55356 952-249-4600 / www.ci.orono.mmus Sign up for email notifications at www.ci.orono.mn.us — follow links for Stay Connected & Email Notification MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, September 12, 2016 7:00 o'clock p.m. 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, Aaron Printup, and Dennis Walsh. Representing Staff were City Administrator Jessica Loftus, Community Development Director Jeremy Barnhart, Finance Director Ron Olson, Planner Michael Gaffron, Public Works Director/City Engineer Adam Edwards, City Attorney Soren Mattick, and Recorder Jackie Young. Mayor McMillan called the meeting to order at 7:00 p.m., followed by the Pledge of Allegiance. APPROVAL OF AGENDA Item Nos. 4, 5, 6, 7, 8, 9, 11, 12, 14, 15, 18, and 19 were added to the Consent Agenda. Levang moved, Walsh seconded, to approve the Consent Agenda as amended. VOTE: Ayes 4, Nays 0. APPROVAL OF MINUTES *2. ORONO CITY COUNCIL MINUTES OF AUGUST 22, 2016 Levang moved, Walsh seconded, to approve the minutes of the Orono City Council meeting of August 22, 2016, as submitted. VOTE: Ayes 4, Nays 0. *3. ORONO CITY COUNCIL WORK SESSION OF AUGUST 22, 2016 Levang moved, Walsh seconded, to approve the minutes of the Orono City Council work session of August 22, 2016, as submitted. VOTE: Ayes 4, Nays 0. PUBLIC COMMENTS None PUBLIC WORKS/CITY ENGINEER REPORT *4. FOX STREET ENGINEERING SERVICES Levang moved, Walsh seconded, to authorize the project engineering and design and approve Bolton and Menk's proposal for a fee not to exceed $139,000. VOTE: Ayes 4, Nays 0. *5. MCES MUNICIPAL I&I GRANT PROGRAM PARTICIPATION — RESOLUTION NO. 6667 Levang moved, Walsh seconded, to adopt RESOLUTION NO. 6667, a Resolution Approving Participation in the 2014 State Bond Funded Municipal I&I grant program. VOTE: Ayes 4, Nays 0. Page 1 of 34 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, September 12, 2016 7:00 o'clock p.m. *6. 2016 CRACK SEALING — PAY REQUEST NO.1 Levang moved, Walsh seconded, to authorize payment of $43,764.79 to Allied Blacktop Company for 2016 street maintenance crack sealing project. VOTE: Ayes 4, Nays 0. *7. BROWN ROAD TRAIL REHABILITATION — PAY REQUEST NO. 1 Levang moved, Walsh seconded, to approve Pay Request No. I to Advanced Wall Structures in the amount of $13,599.25 for the Watertown Road Phase 2 rehabilitation project. VOTE: Ayes 4, Nays 0. *8. WATERTOWN ROAD AND STUBBS BAY ROAD REHABILITATION — PAY REQUEST NO.3 Levang moved, Walsh seconded, to approve Pay Request No. 3 to Valley Paving in the amount of $164,950.88 for the Watertown Road Phase 2 rehabilitation project. VOTE: Ayes 4 Nays 0. *9. PUBLIC WORKS MAINTENANCE WORKER APPOINTMENT Levang moved, Walsh seconded, to appoint Mr. Ronald Rice as a Public Works maintenance worker. VOTE: Ayes 4, Nays 0. PLANNING DEPARTMENT REPORT — Chad Olson, Representative 10. #16-3847 CHARLES CUDD, LLC, ON BEHALF OF DDK, LLC, 2525, 2535, AND 2545 SHADYWOOD ROAD, PRELIMINARY PLAT AND REZONING — RESOLUTION NO. 6668 Community Development Director Barnhart stated at last month's meeting, the City Council directed Staff to draft an approval resolution for this application. This is a 7 -lot single-family development located on the south side of Shadywood Road and east of Kelly Avenue. In drafting the resolution, Staff identified two key issues and one relatively minor issue. During the review of the preliminary plat, there was a discussion regarding the buckthorn and the natural area that separates the developed area on the outside of the wetland. At that time there was some thought that the existing vegetation provides a screen between the development and the adjacent residential properties. The discussion revolved around whether the buckthorn should be removed as part of the City's normal practice or whether it should be maintained. Barnhart stated he heard conflicting direction from the Council over the last couple of months regarding the buckthorn. The direction heard last time was to keep the buckthorn in that area. Barnhart noted buckthorn is an invasive species and will spread to the adjacent neighborhood area. At this time Staff is looking for clarification on whether the buckthorn should be removed. The other issue identified by Staff is the trail location. Historically the City has a trail along the county road to accommodate bike and pedestrian movement. Hennepin County has identified the need for an additional right-of-way, which Staff does not support since it will remove some additional lots. The developer is proposing a trail within the Hennepin County right-of-way along County Road 19. As a result, Staff is looking for direction on the trail. Page 2 of 34 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, September 12, 2016 7:00 o'clock p.m. 10. #16-3847 CHARLES CUDD, LLC, ON BEHALF OF DDK, LLC, 2525, 2535, AND 2545 SHADYWOOD ROAD, PRELIMINARY PLAT AND REZONING — RESOLUTION NO. 6668 (continued) The third issue relates to Lot 4 and the floor area ratio. Barnhart noted the floor area ratio for that lot will be above 0.5. The maximum allowed under the ordinance is 0.5 and the applicant is asking for some flexibility on that lot. Barnhart stated Staff is asking for Council approval of the resolution subject to any changes. McMillan asked whether the proposed trail would be inside the Hennepin County right-of-way. Barnhart stated the developer is proposing it be outside the property area and inside the county right-of- way. Historically the County has requested that trails be located outside of the right-of-way and within the developed area. Relocating the trail would impact the proposed berm and landscaping for this development. Barnhart indicated he spoke with the applicant and in their view they can provide pedestrian and bicycle movement as well as buffering. McMillan asked if approval from Hennepin County would be required if the trail is within the right-of- way. Barnhart stated based on the developer's proposal, they would have to. Council Member Walsh stated his understanding from the meeting was that Staff was going to obtain some feedback from Hennepin County on this issue. Walsh stated there should be plenty of room if there is only going to be a two-lane road but that it will probably be an issue if they decide to construct a four - lane road. Barnhart stated Hennepin County is looking at options to improve that intersection and that at least a three -lane roadway will be created at some point in the future. Hennepin County has requested additional right-of-way above and beyond what already exists, which is why Staff is supporting the trail be located within the development. Council Member Levang asked how wide the trail would be. Barnhart stated Staff is requesting a 10 -foot easement. Walsh stated if it is only a three -lane road, there would be plenty of room, but that it makes sense to have the additional right-of-way just in case a four -lane road is constructed. McMillan noted the right-of-way within the development would be bermed and would require extensive retaining walls if a trail is located there. Barnhart stated Staff would work closely with the developer to provide grading plans that best accommodate a trail. Barnhart stated at this stage Staff believes they can accommodate future planning improvements without retaining walls. Page 3 of 34 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, September 12, 2016 7:00 o'clock p.m. 10. #16-3847 CHARLES CUDD, LLC, ON BEHALF OF DDK, LLC, 2525, 2535, AND 2545 SHADYWOOD ROAD, PRELIMINARY PLAT AND REZONING — RESOLUTION NO. 6668 (continued) McMillan asked whether any large trees will be planted in that area. Barnhart stated the plan would show the trail and any landscaping. Walsh stated anyone can plant stuff within the right-of-way but that there is a potential risk it might need to be removed at some point. Barnhart indicated Staff would use similar type of language in the resolution that was used in the Eisinger resolution. McMillan noted Hennepin County is looking at possibly redoing the 19/15 intersection sometime in 2020. Hennepin County is looking at realigning the intersection and possibly adding some improvements, such as a trail. Barnhart stated the direction he has heard is to provide the easement within the development. Walsh noted the developer also wanted some flexibility on the FAR. Walsh stated if everything is factored in, such as the outlot square footage and road square footage, it would not be over the 0.5, and so he is willing to give them some flexibility on that. Levang and Printup indicated they are fine with that. McMillan asked whether there is enough landscaping being proposed to protect those homes if the buckthorn is removed. Barnhart stated Staff can ensure that the landscaping plan reflects that if the buckthorn is removed. McMillan noted she has not seen a landscaping plan and that this is a sensitive area. McMillan noted the wetland buffer should not be disturbed even though there is buckthorn in there. Walsh stated his recollection is that the residents were fine with leaving the buckthorn since it provides a lot of screening. Walsh stated from his perspective, the neighbors' desires outweigh the need to get rid of the buckthorn. Levang noted the revised plan preserves 14 more trees and that the developer has been sensitive to the desires of the residents. Council Member Printup stated he would caution against leaving the buckthorn in this development since the City would be opening itself up to having to allow buckthorn to remain on other properties. Levang noted this is an RPUD and the City is allowed some flexibility. John Stein, Charles Cudd Company, commented that there is currently a preserved buckthorn area in Creekside that was done years ago. Page 4 of 34 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, September 12, 2016 7:00 o'clock p.m. 10. #16-3847 CHARLES CUDD, LLC, ON BEHALF OF DDK, LLC, 2525, 2535, AND 2545 SHADYWOOD ROAD, PRELIMINARY PLAT AND REZONING — RESOLUTION NO. 6668 (continued) Walsh stated when it comes to the issues of the residents, the Council needs to weigh which ones have more weight. Walsh noted visibility is a big concern for the residents. Printup stated he just wants the Council to be prepared to tell other people that they can leave the buckthorn. Printup stated in his mind the Council is sending a mixed message by allowing the buckthorn here to remain. Levang commented since this is an RPUD, the City has a leg to stand on. McMillan stated she is sensitive to the land clearing of this area since this lot was clear cut once in the past. McMillan stated it is best over time that the buckthorn is removed and other vegetation planted and that it will now be the homeowners who have to take that on. McMillan stated she does not want another round of extensive clear cutting given the impacts on the area. Printup stated it is setting the City up for other requests in the future. Rick Denman, Charles Cudd, stated they have done a lot to keep the neighbors happy and that they have taken steps to preserve as many trees as possible. Denman noted the neighbors are okay with leaving the buckthorn but that he will leave the issue up to the City Council. McMillan asked whether this is something that the homeowners association could address long-term. Denman stated it would be hard for Charles Cudd to monitor it over time, but if the Council is open to allowing the residents who move in here having an organized way to buffer the area, that could be an option. Printup stated the comment that the neighbors are okay with it implies that they do not care that it is in the code. Printup questioned whether the City should eliminate it from the code and leave it up to individual property owners. Printup stated he does not want to put a future Council in the position where this situation is brought up. McMillan stated that might be a good topic of discussion when the City Council discusses code issues in November. John Stein stated the Minnehaha Creek Watershed District will be adverse to removing any buckthorn in the wetland or wetland buffer areas. Stein stated the buckthorn will go into the wetland area a lot further than what everyone believes. Denman stated as it relates to the trail, they want to be careful to retain the buffer and that they are debating possibly planting a couple rows of arborvitae or whether there will be fence. Denman indicated they will work with Staff to figure out the grading for a possible future trail. Denman noted that ten feet on this particular site will have an impact. Denman stated since there are only seven lots, he wants to be careful on what they are spending on landscaping but that he wants to have a nice buffer from Shadywood. Page 5 of 34 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, September 12, 2016 7:00 o'clock p.m. 10. #16-3847 CHARLES CUDD, LLC, ON BEHALF OF DDK, LLC, 2525, 2535, AND 2545 SHADYWOOD ROAD, PRELIMINARY PLAT AND REZONING — RESOLUTION NO. 6668 (continued) McMillan asked if anyone from the public would like to comment on this application. There were no public comments. Levang moved, Walsh seconded, to adopt RESOLUTION NO., a Resolution Granting Preliminary Plat and Rezoning Approval for Property Located at 2525, 2535, and 2545 Shadywood Road, File No. 16-3847, subject to approval of the Comprehensive Plan Amendment by the Metropolitan Council, and to allow some flexibility on the FAR for Lot 4, to require a 10 -foot trail easement, and that buckthorn removal will not be required. VOTE: Ayes 4, Nays 0. *11. #16-3848 PETER JOHNSON ON BEHALF OF MICHAEL AND JANELLE SHIELDS, 364 WESTLAKE STREET, CONDITIONAL USE PERMIT (After -the -Fact) — RESOLUTION NO. 6669 Levang moved, Printup seconded, to adopt RESOLUTION NO. 6669, a Resolution Granting a Conditional Use Permit Pursuant to Municipal Zoning Code Sections 78-966 through 78-968 and 78-1405, for the property located at 364 Westlake Street, File No. 16-3848. VOTE: Ayes 4, Nays 0. *12. #16-3853 MATT AND JENNIFER NYQUIST, 1125 PINE VIEW DRIVE, EASEMENT VACATION (PARTIAL) — RESOLUTION NO. 6670 Levang moved, Walsh seconded, to adopt RESOLUTION NO. 6670, a Resolution Vacating a Portion of a Permanent Flowage and Conservation Easement and Restrictive Covenant Located on 1125 Pine View Drive, Orono. VOTE: Ayes 4, Nays 0. 13. #16-3856 SARYAN CUISINE DEVELOPMENT, LLC, ON BEHALF OF PAUL AGRE COMPANY, 2380 SHADYWOOD ROAD, CONDITIONAL USE PERMIT Barnhart stated the applicant is requesting a conditional use permit to operate a bakery cafe along with a commercial production kitchen at 2380 Shadywood Road. A similar use, coffee and bagel shop, is a conditional use in the B-5 zoning district. This is the former Snyder Drug building located north of Culver's and the Holiday Gas Station in Navarre. Minor changes to the building are proposed, such as signage, and restriping the parking lot. Barnhart displayed the interior floor plan of the building. As part of the review of this application, Staff looked at the following four criteria: 1. No more than 50 percent of the gross floor area of any single building shall be devoted to coffee and/or bagel retail store uses. The applicant is proposing 32.7 percent of the building will be devoted to food/beverage retail uses. Page 6 of 34 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, September 12, 2016 7:00 o'clock p.m. 13. #16-3856 SARYAN CUISINE DEVELOPMENT, LLC, ON BEHALF OF PAUL AGRE COMPANY, 2380 SHADYWOOD ROAD, CONDITIONAL USE PERMIT (continued) 2. No individual coffee or bagel retail store use shall exceed 2,000 square feet of gross floor area. A combined coffee and bagel retail store use shall not exceed 4,000 square feet of gross floor area. The combined area of the food/beverage retail is 3,900 square feet. The number of incremental parking spaces required for the coffee and/or bagel retail store use shall be calculated using the parking requirement standard for restaurant uses. A restaurant requires one space per 80 square feet of public floor area or 49 spaces. The property provides 60 spaces, which exceeds the requirement. A portion of the parking area is subject to a cross parking easement with the property now occupied by Culver's. In practice, and based on observations, Culver's customers frequently use 10-12 spaces on the subject property. 4. An individual coffee or bagel retail store use shall be limited to a maximum of 45 seats. A combined coffee and bagel retail store use shall be limited to a maximum of 60 seats. The combined number of seats being proposed is 60. The site plan provided by the applicant shows 68 parking spaces. Based on parking requirements for 3,900 square feet of restaurant, 49 parking spaces are required. There are 18 parking spaces along the east property line, which are subject to a parking and access easement with the neighbor to the east. Both parcels have rights to these spaces. The restaurant parking requirements are based on the public areas of the restaurant. The use of the building for production bakery could generate additional parking demand. Applying a manufacturing designation to the production kitchen and backroom area would require 14 spaces. The site provides adequate parking for both uses since both uses occur at different times. Barnhart illustrated the parking areas and driveway on the overhead. The Planning Commission reviewed the proposal at their August meeting. Their approval included two conditions: outdoor seating would require a reduction in indoor seating, and liquor is not to be served. In both situations, these features would negate the designation of coffee/bagel retail, requiring an ordinance amendment. Barnhart stated the applicant has some additional information he would like to present time. Staff and the Planning Commission recommend approval. Terrill Fridley, Attorney -at -Law, stated they looked at this site and recognized that it had the right characteristics for a bagel/coffee shop. The back side of the building has a great vegetative buffer to the only single-family house in the area and to the east there is another vegetation buffer. There is no direct street connection between this commercial use and any of those residential access points. In addition, there is a bike trail on the northeast corner of the building to Olive Avenue, which will be maintained. Fridley commented the vegetation provides natural buffering from any vehicle lights and noise. Page 7 of 34 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, September 12, 2016 7:00 o'clock p.m. 13. #16-3856 SARYAN CUISINE DEVELOPMENT, LLC, ON BEHALF OF PAUL AGRE COMPANY, 2380 SHADYWOOD ROAD, CONDITIONAL USE PERMIT (continued) Fridley noted that this building, when it existed as a drug store, had a drive-through. That drive-through will not be used for the caf6 and the flow of the parking lot will remain the same with a point of access on the north and south. Fridley noted there is significant parking onsite. Fridley stated as they looked at the property, they realized this was located in the B-5 zone. Fridley noted this is the only parcel in that B-5 zone in this area. The entire building will be used for the bakery/caf6 component and will be owner occupied upon completion of the project. Fridley indicated they looked at the alternatives for a B-5 zone. Section 80A of the conditional use section for the B-5 zone specifically defines coffee or bagel or retail stores and then sets forth the conditions. Fridley noted their proposal meets the 50 percent of the gross floor area condition, the square footage condition is met, the required parking spaces are met, and seating is limited to 60 seats. Fridley noted the bakery caf6/retail area will total 32 percent of the building. There will be a wall physically separating that from the production kitchen, which is where all the food will be prepared at night. The space at the bottom will consist of display cases and an area where customers can pick out products. The upper part to the right is the kitchen area, with counters in front of it. The portion marked with X's is anticipated to be ventilation hoods. Storage for those products will be below that. Fridley stated the indoor seating area will be limited to 60 seats and the ADA accessible bathrooms will be kept as well as the vestibule. The hallway allowing access to the offices and to the parking lot will remain. Fridley pointed out the parking area to the left closest to County Road 19 contains 20 regular parking spaces and three handicapped spaces as it is currently laid out. Each parking space is 9 -foot wide. Those spaces will remain. In addition, there is room behind the building for three parking stalls that employees can utilize. There is also room to create six parking spaces along the side of the building and still maintain the flow for emergency vehicles. The area to the northeast has nine parking spaces as well as the triangle. Counting all those spots, there are a total of 68 spaces with the current configuration. Fridley stated as they looked at the use, it requires 63 spaces. Fridley noted there is also an easement agreement on the chain of title for this property as well as the Voyageur property. Page 2 of that agreement provides for a cross -parking easement over the 18 parking spaces on the Culver's property. If those 18 spaces are added in, there are a total of 83 parking spots. Fridley stated in his view there is adequate parking for both businesses. Fridley displayed a photograph of what the fully stocked counter will look like. Walsh noted the Planning Commission recommended no liquor license be issued for the premises. Walsh asked what their plans are in that regard for the future. Fridley stated they initially requested a beer and wine license, which only accounts for between 2.4 and 4 percent of their sales and is not material to the business. Fridley stated if they were to look at it down the road, they would seek a complex change in the ordinance. Page 8 of 34 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, September 12, 2016 7:00 o'clock p.m. 13. #16-3856 SARYAN CUISINE DEVELOPMENT, LLC, ON BEHALF OF PAUL AGRE COMPANY, 2380 SHADYWOOD ROAD, CONDITIONAL USE PERMIT (continued) Walsh stated he would be open to that in the future. Walsh commented Wayzata has a number of restaurants for lunch that offer appetizers and drinks, which makes it more of a destination spot for groups of people. Walsh noted the City is working hard to make Navarre a good destination place and that a beer and wine license would help to make this more of a destination place. Levang asked if there needs to be two entrances for patrons into the building in regards to fire safety. Barnhart stated the building code does dictate certain access and egress requirements, which will have to be met. Barnhart noted the building permit review is not done at this stage but that those regulations would apply in this case. Levang noted the menu states that evening hours would be Thursday to Sunday only. Fridley stated that would be a different type of service on those evenings but that many of those meals would be available every evening. Fridley stated during the week patrons would walk in, place their order, and the food is brought to the table. Thursday through Sunday is more formal dining where the orders are taken from the table. Levang asked if the applicant is asking that the facility would be open every evening until 10 p.m. Fridley indicated weekday evenings would be 9 p.m. and then 10 p.m. on the weekends. Levang asked if the Council can put restrictions on those hours. Barnhart stated the Council can if there is a particular concern. Staff recommended 10 p.m. to limit impacts to the neighbors and that coffee/bagel retail stores are typically not open 24/7. Walsh commented some people don't go out to eat until 8 p.m. and that they probably would not be leaving until after 9 p.m. Walsh stated 10 p.m. seems like a pretty reasonable hour. McMillan asked if he is okay with the proposed resolution. Fridley indicated they are. McMillan asked if they are okay with the 10 p.m. closing time and the no liquor license. Fridley indicated they are. Walsh stated he is not in favor of No. 3, which prohibits the liquor license. Walsh stated if the applicant wants to come back and request a liquor license, it would need to be amended. Fridley stated if they decide to request a liquor license, they would seek an amendment of the conditional use permit and whatever other modifications might be necessary. McMillan asked whether anyone from the public would like to comment on this application. Page 9 of 34 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, September 12, 2016 7:00 o'clock p.m. 13. #16-3856 SARYAN CUISINE DEVELOPMENT, LLC, ON BEHALF OF PAUL AGRE COMPANY, 2380 SHADYWOOD ROAD, CONDITIONAL USE PERMIT (continued) John O'Sullivan, stated he owns Voyageur's and Culver's. O'Sullivan stated while the parking may not be a concern, he would like to give the Council a little bit of history. O'Sullivan indicated he opened Culver's in 1996 and co -developed the Snyder building. O'Sullivan noted his project was only approved on the basis that there was a cross -easement over those 18 parking stalls, with the City requesting the cross -easement. O'Sullivan indicated during the summer they utilize all 18 of those parking stalls, and that his concern is if Patrick's does a great business, he could lose those parking spots. O'Sullivan indicated he spoke with Patrick and his attorney after the last meeting and that they assured him that parking would not be an issue. O'Sullivan stated he would ask that the Council and the applicant consider, at his expense, putting up signs along the 18 stalls in yellow that says these parking spots are reserved for Culver's during the lunch hour. O'Sullivan stated he is not concerned about parking during the dinner hour. O'Sullivan stated if he loses those parking stalls, he would not qualify for the parking that his site requires and that he does not want a neighbor that he is going to be in constant contention with over parking. Walsh stated he appreciates that suggestion but that he is not sure the City can impose parking on someone else's property. Walsh stated keeping the cross -easement should not change the parking needs. O'Sullivan stated if they do more business than anyone thinks they will do, he will lose the availability of 18 parking spaces, which is a big issue in their industry. O'Sullivan stated since the applicant is requesting a conditional use, in his view the City could have a discussion about that. Levang asked if Mr. O'Sullivan has any more capacity to create more parking on his site. O'Sullivan indicated he does not. Levang stated she sees the possibility for the other property to create additional parking. O'Sullivan stated even with the signs, in his view there would be plenty of parking on the applicant's property. O'Sullivan stated no one would be monitoring the people who park in those spots to see which restaurant they go into. Mattick stated if the parking is restricted on the cross -easement portion, the Council needs a justification to do that. Mattick stated he understands the neighbor's concern but that there is no demonstrated need for the restricted parking. Levang stated what it would take is a friendly agreement between the two adjacent landowners to cooperate with each other. O'Sullivan commented he raised the issue with Patrick and that it is harder to deal with the issue after the fact. O'Sullivan stated he visited the Richfield restaurant last week and that they utilized a number of parking spots at 1 p.m. Page 10 of 34 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, September 12, 2016 7:00 o'clock p.m. 13. #16-3856 SARYAN CUISINE DEVELOPMENT, LLC, ON BEHALF OF PAUL AGRE COMPANY, 2380 SHADYWOOD ROAD, CONDITIONAL USE PERMIT (continued) McMillan commented this building has been vacant for a long time and that the neighbors would like to see the building utilized. McMillan stated this is a good opportunity and that she is in favor of the proposal. Walsh stated in his view it is a positive for the residents of Navarre. Printup stated his understanding is that the owner could come back before the City for a liquor license, which would reopen the parking issue. Mattick indicated that is correct. Mattick stated the conditional use permit would be reopened at that point and that the City could look at the parking again at that time. Levang noted with a conditional use permit, the City is saying that this is a coffee/bagel shop forever. Mattick stated it will be recorded against the land and that the use can last forever. Walsh moved, Printup seconded, to adopt RESOLUTION NO. 6671, a Resolution Granting a Conditional Use Permit for Coffee Bagel Retail Store Pursuant to Orono Municipal Code Section 78-764, File No. 16-3856. Levang requested both property owners do their best to work out the parking situation to avoid any long- term animosity. VOTE: Ayes 4, Nays 0. *14. #16-3857 GEORGE FUNK AND JUDY ROGOSHESKE, FINAL PLAT, CRYSTAL BAY RETREAT (540 OLD CRYSTAL BAY ROAD) — RESOLUTION NO. 6672 Levang moved, Walsh seconded, to adopt RESOLUTION NO. 6672, a Resolution Approving the Plat of Crystal Bay Retreat, 540 Old Crystal Bay Road South, File No. 16-3857. VOTE: Ayes 4, Nays 0. *15. #15-3749/16-3858 PAUL CAMERON ON BEHALF OF CHAMBERLAIN CAPITAL, LLC, 185-225 OLD CRYSTAL BAY ROAD NORTH — FINAL PLAT — RESOUTION NO. 6673 Levang moved, Walsh seconded, to adopt RESOLUTION NO. 6673, a Resolution Approving the Plat of Crystal Bay Estates, 185 and 225 Old Crystal Bay Road North, File No. 15-3749 and #16- 3858. VOTE: Ayes 4, Nays 0. 16. #15-3763/16-3860 CHRISTOPHER BOLLIS, 200-250 STUBBS BAY ROAD NORTH — FINAL PLAT REVIEW Gaffron noted last September the Council adopted Resolution No. 6536 granting preliminary approval for a 7 -lot residential plat. The property is located at 200-250 Stubbs Bay Road North. Page 11 of 34 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, September 12, 2016 7:00 o'clock p.m. 16. #15-3763/16-3860 CHRISTOPHER BOLLIS, 200-250 STUBBS BAY ROAD NORTH — FINAL PLAT REVIEW (continued) The applicants have applied for final plat approval in order to finalize the project. Earlier this year the applicants brought forth to the Planning Commission a 5 -lot plat but have chosen to go forward with the 7 -lot plat. Gaffron indicated there are a few questions that have come up for discussion and are listed as follows: Road design. The City's consulting engineer review has indicated that certain horizontal curves in the road design do not meet the City's 275 -foot minimum radius requirement for a 30 mph road. The long curve leading to the new cul-de-sac has a 250 -foot radius and is not an issue in Staff's opinion. However, the wobble configuration just north of the existing cul-de-sac has a series of nonconforming curves in an attempt to save trees in this area and maintaining a screening buffer to the neighbors to the south. The question is whether saving trees is a justification. The stronger justification might be that the wobble in the road will have a traffic calming effect, which addresses speeding concerns voiced by the neighbors during the preliminary plat review. 2. Road construction process. Condition 8 of the preliminary plat resolution is a requirement that road construction equipment gain access via Stubbs Bay Road through Outlot A to avoid traffic on Kintyre Lane. The applicants' road contractor has advised them that the equipment for the paving process, including asphalt hauling, must use existing Kintyre for access to avoid damage to concrete curbing that will be installed prior to paving. The southerly 250 feet of the new road will have curb and gutter, while the northerly 450 feet will be a rural section with ditches. Staff would recommend that the existing condition of Kintyre Lane be carefully documented prior to road construction, and any damage due to that construction be repaired by the developer. If Kintyre Lane cannot be used, the paving contractor will have to find an alternative access route through Outlot A. Future use of the driveway in Outlot A, Tamarack Hill. The applicants have requested that the gravel driveway currently serving the existing homes at 300 and 350 Stubbs Bay Road North be allowed as access for Lots 5 and/or 6 for some indeterminate amount of time, potentially related to construction of homes on either lot prior to completion of the new road and cul-de-sac rom the south. Lots 5 and 6 cannot have accesses to both the north and south based on a code requirement. Additional issues for consideration include: a. If both Lots 5 and 6 gain access from the outlot driveway, that is a total of three homes using a shared driveway, which is not allowed and which triggers an upgrade of that driveway to private road standards. b. Temporary use of the existing 600 -plus feet long gravel driveway for new construction on a new lot should be, at a minimum, be subject to review by the Fire Department for emergency accessibility. Page 12 of 34 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, September 12, 2016 7:00 o'clock p.m. 16. #15-3763/16-3860 CHRISTOPHER BOLLIS, 200-250 STUBBS BAY ROAD NORTH — FINAL PLAT REVIEW (continued) C. There is concern regarding the creek crossing at the east end of that driveway, which is fairly narrow. d. Any permanent use of that driveway as access suggests that Lots 5 and 6 must be treated as `through' lots, abutting roads at opposite lot boundaries, which affects setback requirements for accessory structures. The City Attorney has commented that the driveway access easements and covenants should be reviewed by the applicants. If lots 5 and 6 abandon access to the driveway in favor of the new cul-de-sac, they might still be responsible for maintenance of a driveway they are not using. f. If the driveway is abandoned, it should be revegetated to eliminate unnecessary hardcover. Gaffron stated Staff will bring a final plat resolution in two weeks but would like direction on the three issues noted above. Chris Bollis, 350 Stubbs Bay Road, stated the purpose of the wobble in the road is to preserve additional trees. If the road comes directly off the outlot, 18 trees versus 14 trees will be impacted. The trees in red are the ones that will be saved due to the wobble. Bollis stated when they were looking to subdivide the property, they were looking at conservation and preservation, which is what they are attempting to meet. The second benefit of the wobble is that it slows traffic down. Bollis noted they are not asking for the road construction equipment to come up Kintyre Lane and that they want all the traffic to come down the existing gravel driveway. The contractor has said he has no problems with that but that the special paving equipment has to come down Kintyre. As a result of grading the road and putting in cement curb and gutter, there will be a two -foot drop and that the paving equipment cannot go over that drop. Bollis indicated they are talking about one day where the paving equipment will be there. Bollis submitted a letter from the contractor. Walsh noted the first 250 feet will have curb and gutter and the rest will not. Walsh stated in his opinion the road will have an unfinished look to the road. Bollis noted there will be two lifts of asphalt put down and that one will be done this fall and the other will be in the spring. Bollis stated there is a curb and gutter cul-de-sac which that portion of the road will connect to. The curb and gutter allows more trees to be preserved rather than grading out for ditches. Bollis stated there is a natural transition going into it and is also part of the stormwater management plan. Bollis noted it is easier if the runoff is directed towards a filtration area rather than going to one specific point on a curb and gutter road. McMillan commented Orono has always preferred less curb and gutter, but that there are points where the water needs to be channeled a certain direction. Gaffron asked if the bituminous trucks will also be going up and down Kintyre. Page 13 of 34 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, September 12, 2016 7:00 o'clock p.m. 16. #15-3763/16-3860 CHRISTOPHER BOLLIS, 200-250 STUBBS BAY ROAD NORTH — FINAL PLAT REVIEW (continued) Bollis stated if the trucks can access through Stubbs Bay, they will do that. Bollis stated the goal is to eliminate use of Kintyre Lane for construction as much as possible. Bollis stated as it relates to the third issue, future use of driveway, he has a proposal for that use. Gaffron displayed an aerial view of the driveway. Bollis indicated he is proposing that that driveway be used for temporary access until primary connections are made to Kintyre Lane for Lots 5 and 6. There is an existing house on Lot 5, and if the plat is recorded as is, they will lose access over the outlot. Bollis stated he is also asking for temporary access for the purpose of constructing a house on Lot 6, which will give the builder the entire winter to construct the house in the event the road is not completed this fall. Bollis noted they exceed the fire requirements for the current driveway and use of the driveway over the outlet will just be temporary. Bollis stated he would propose that the permanent access be established within 60 days following the final lift of asphalt on Kintyre Lane. Bollis stated in this situation he feels it would be appropriate the driveway remain as a secondary access point. There is an accessory building on Lot 5, which has its entrance off the current driveway. Bollis stated if the house on Lot 5 is demolished, it would be difficult to navigate a driveway back to the accessory building would be virtually impossible given the topography. Lot 6 would also have that temporary secondary access. Bollis stated he does not see how that triggers a corner lot. Walsh commented it appears the driveway access is on Lot 5 but not Lot 6 and that they would need to go through Lot 5 into Lot 6. Bollis indicated it actually splits the lot line. Bollis noted there would be an appropriate easement for vehicles to cross Lot 5 into Lot 6. Levang asked if he is suggesting that that will be permanent. Bollis indicated he would like the secondary access to be permanent if those lot owners wanted that in the future. Bollis stated he does not want to take that option away and that the infrastructure is already there. The accessory building would be accessed off of that on Lot 5. Levang asked what the accessory building is. Bollis indicated it is a small barn. McMillan stated her concern is the neighbor to the west having more activity on the road than what was originally anticipated. McMillan stated in her view it is okay short-term but not long-term. Bollis noted it would be a secondary access and that the actual use in the future versus today would go down considerably once the new road is in. Levang asked how long the road has existed. Page 14 of 34 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, September 12, 2016 7:00 o'clock p.m. 16. #15-3763/16-3860 CHRISTOPHER BOLLIS, 200-250 STUBBS BAY ROAD NORTH — FINAL PLAT REVIEW (continued) Bollis stated it has been a driveway since approximately 1978. Gaffron noted the house to the west was constructed five to seven years ago. Gaffron stated those two lots were previously one lot. McMillan commented she is not sure she would allow a secondary access for the accessory building only. Walsh stated if Lots 5 and 6 access that, it triggers an upgrade of the road and that the applicant is looking to keep it as a secondary access. Walsh stated the question is whether that is acceptable without the upgrades. Bollis noted those two lots do not technically have frontage along Stubbs Bay Road. McMillan stated her concern with the wiggle in the road is that people will likely drive down the middle of the road, which is something to think about with regard to sight lines. Walsh stated the neighbors feel that anything that potentially has the ability to slow traffic down is a positive and that he is definitely supportive of the wiggle to help that. McMillan indicated she is supportive of it as well as long as it works. McMillan asked if private roads can install their own speed bumps. Gaffron stated the City would not be opposed to it but that he is not sure whether the neighbors would be in favor of it. Walsh commented he now understands the concept of the curb and gutter as it relates to runoff. Walsh stated if the construction traffic can just be limited to the paving equipment, that would be okay, and that in his view the asphalt trucks can handle the drop-off. Printup asked if the secondary access could be a construction road. Bollis stated he is proposing to use it to either remodel the existing house or build a new house on Lot 5. Bollis noted it is actually a driveway and not a road. Walsh stated he would be supportive of that since he has not heard of any issues why that would be a problem outside of the rule requiring an upgrade of the driveway. Levang asked whether the applicant has any comments on the other items listed in Staff's report. Bollis indicated he does not. Levang asked if Staff was looking for something specific. Gaffron stated he wanted to bring those to the attention of the applicant and the Council. Gaffron indicated Staff will bring the final plat resolution before the Council in a couple of weeks. Page 15 of 34 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, September 12, 2016 7:00 o'clock p.m. 16. #15-3763/16-3860 CHRISTOPHER BOLLIS, 200-250 STUBBS BAY ROAD NORTH — FINAL PLAT REVIEW (continued) McMillan asked whether anyone from the public would like to comment on this application. Tom Fleming, 300 Stubbs Bay Road, stated he believes it makes sense to have the ability to construct homes on the lots but that his concern is if something happens over time and the road is not constructed, whether that will bleed into Lots 4 and 7. Fleming noted there is soil compaction that takes place with road construction and there are mature trees. Fleming stated there has to be some timeline and that it cannot go on forever. Fleming stated he is a little concerned about a secondary access since it is not part of what Orono typically does. Fleming noted the City has very specific ordinances about multiple access points. Fleming indicated he is the third owner on Outlot A and that he does have concerns about how it is plotted. Fleming noted Tamarack Hill will be superseded by Kintyre. Fleming commented he is not sure how the ownership will go as well as the requirements of maintenance. Fleming indicated he would prefer to see the secondary access eliminated since there is a road being built. Fleming stated ultimately he is willing to take responsibility for his portion of the outlot. Walsh noted the City Council really does not have much control over the driveway since both Mr. Bollis and Mr. Fleming own the driveway and that it will need to be an agreement between the two of them. Walsh asked if he would have any problem to allowing them to use the access to construct the homes. Fleming indicated he would not but that he does not want to see it bleed into more homes. Gaffron noted the development agreement does not allow a home to be built until there is one lift of asphalt laid. Gaffron stated it is reasonable to use the driveway to construct homes on Lots 5 and 6. McMillan concurred that there needs to be some closure to the road. Walsh commented it might be five years before both homes are constructed and that perhaps there should be a sunset clause on it. Gaffron stated what the City typically requires is that the secondary access be graded out so it is not usable once the two homes are built. Gaffron indicated Staff will bring back the approval resolution at the next Council meeting. The City Council took no formal action on this item. (The City Council took a recess from 8:48 p.m. to 8:53 p.m.) 17. LEVEL II HOME OCCUPATION LICENSE, 4415 FOREST LAKE LANDING Barnhart stated the property owners at 4415 Forest Lake Landing would like to use their property for indoor piano concerts for 15 events per year for up to 40 people per event. The patrons would be shuttled to the event using a commercial shuttle. Since the events will go later than 7 p.m., it triggers a Level II home occupation. Page 16 of 34 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, September 12, 2016 7:00 o'clock p.m. 17. LEVEL II HOME OCCUPATION LICENSE, 4415 FOREST LAKE LANDING (continued) Barnhart stated home occupations are permitted in residential districts but they must meet the 16 regulations outlined in city ordinance. If a home occupation does not meet those requirements and is not listed as a prohibited home occupation, the business is eligible to receive a Level II home occupation license granted by the City Council after a public hearing. Level Il licenses are annual licenses, expiring at the end of September each year. The applicants are proposing to hold 15 piano recitals in their home. The 15 events will occur during Friday, Saturday and Sunday evenings in June and August. The proposed dates are June 2, 3, 4, 9, 10, 11, and August 4, 5, 6, 11, 12, 13, 18, 19, and 20. These events will occur from 7-9:30 p.m. Similar events were held the summer of 2016. The property owners received a special event permit and then discovered that a special event permit was not necessary because it did not meet the definition of a special event. The applicants will sell tickets to the event, with a maximum capacity of 40 patrons. Patrons are shuttled to the site to manage traffic and parking congestion on Forest Lake Landing. The shuttle leaves at 9:45 p.m. The shuttle will minimize the impact to the neighborhood. During the event, the shuttle bus parks on the applicant's property, with patrons parking at a nearby church with the church's approval. Staff is recommending approval the Level 1I home occupation license. Tim Line, Applicant, stated they have been touring and traveling for 27 years and have performed on over 2,000 stages. Line stated Lorie has produced over 40 albums and music books that are marketed across the United States. Last year Lorie was introduced into the Minnesota Music Hall of Fame. Line stated when they are touring and traveling, it is very physical, especially when it comes to moving the piano. Line stated they are proud to be residents of Orono for the past 27 years. Line stated this year they came up with the great idea to hold piano recitals in their home. Line indicated they wanted to share the music with the community, friends, fans, friends, and neighbors. The goal was simply to enrich people's lives. Line stated for those in attendance, it was very well received and that they would like the opportunity to do so again next year. Line stated in their view the application is very complete and thorough and that he would ask the Council to consider a Level Il home occupation license. Line noted two letters were presented. In the petition that was presented to the neighbors, Planning Commission Schoenzeit states we are going to use our home as a concert hall, which was communicated to other neighbors. Line stated that has never been their intent and that they have been very mindful of the neighbors. Line stated in the letter dated June 13, Planning Commission Schoenzeit stated to the City that they were selling alcohol, which is absolutely not true. In addition, Planning Commissioner Schoenzeit stated in that same letter that they had turned their home into a concert hall. Line noted this is not a rock and roll event but a piano recital where they have opened up their home to people who enjoy music. The event consists of Lorie at the piano, himself welcoming the guests, and Michelle who helps manage the event. Line stated his son also helped with the people. Line stated lastly, Planning Commissioner Schoenzeit's main complaint centers around parking and traffic. Line noted their request minimizes traffic by utilizing a van, with two trips in and two trips out. Page 17 of 34 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, September 12, 2016 7:00 o'clock p.m. 17. LEVEL II HOME OCCUPATION LICENSE, 4415 FOREST LAKE LANDING (continued) Line stated there have also been some misrepresentations in a letter dated September 12 that he would like to address. Line stated the shuttle van is not a commercial concert bus and is instead a van that seats 20 people. In addition, Commissioner Schoenzeit's wife refers to traffic on Tonka View that has been created from these events. Line noted the driver of the shuttle van never drove down that road and was specifically told to drive down County Road 19. The same driver was utilized on all evenings. Line indicated he also was on the van to ensure safety and consideration for the neighborhood. Line stated Commissioner Schoenzeit's wife also states that they misled the church, which is absolutely the farthest someone can get from the truth. Line indicated he would like to submit a letter from the pastor of the church. In the letter the pastor clearly confirms the dates and times of the events and that she prays that their event will be a success. Line stated that does not sound like there was a fair representation in the letter. Line stated he would like the Council to consider the petition null and void as it is since it misrepresents their request and distorts the facts. Line stated he simply would like an opportunity to inform the neighbors of the facts and the true usage. Mayor McMillan opened the public hearing at 9:05 p.m. Julie Close, 1214 Wildhurst Trail, stated she lives on the path towards the Line's house. Close stated she thinks Lorie is an incredibly talented musician, but that she would like to say a few things about the entire presentation that the opposition of the neighbors is based on perception but not on the actual events. Close stated with the first go around there was a lot of traffic on Wildhurst. Close stated there are a lot of questions about having 40 people attend the events. Close stated even with a commercial bus, there are questions whether there will simply be two runs down the road or more. Close stated they can call it a recital but that it is also a concert. Close stated this is a money making opportunity for the Lines, which is why they are here under the home occupation license. Close stated there are questions about whether the patrons will be waiting up at the parking lot or whether there will be more shuttle busses running back and forth. Close stated a business owner would make sure no one is waiting, but what if it is raining. Close stated a 20 person bus is a pretty good sized bus and that Wildhurst is quite narrow with a lot of families that have young children who ride their bikes and walk down the street. Close noted these are prime summer weekends and prime summer hours. Close stated they are trying to enjoy their neighborhood outside and that they are talking about adding a big vehicle driven by someone the residents don't know. Close noted Orono ordinances provide reasonable limitations, which limits the use to no more than five customers at a time. Close stated this use is not within the character of the neighborhood and that the neighbors are outside trying to enjoy where they live. Close stated she appreciates the Line's desire to do this but that the rest of them have homes that they are trying to enjoy with their families. Close stated the characterization that the neighborhood does not understand this is false since the neighbors have already experienced it this summer. Page 18 of 34 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, September 12, 2016 7:00 o'clock p.m. 17. LEVEL II HOME OCCUPATION LICENSE, 4415 FOREST LAKE LANDING (continued) Close stated now that they know it is a business, it raises a lot of concern. Chris Morgant, 1003 Wildhurst Trail, stated he lives at the end of the road and that he has to travel down the road to get to his house. Morgant indicated he does not care what the Lines do but that he does care about how they do it. Morgant stated when the road is unduly clogged, it is inconvenient for the residents. Morgant stated if this is going to happen often, he is not a fan of it. Morgant stated if the City would fix the road, he probably would not object to it and that there has to be a good way to do this. Gail Blackstone, 4465 Forest Lake Landing, stated she and her husband are here to support the request for a Level II home occupation. Blackstone noted they are one of the three closest homes to the Line's house. In regards to the concerns about the regulations not being met, Blackstone stated she can personally say that they have not had any issues with the valet that was originally there. Blackstone indicated in June she had a graduation party for her daughter and that she was concerned about the number of people coming and whether the residents would be confused with one of these events which it wasn't. Blackstone stated the commercial shuttle bus has improved the parking situation. Blackstone stated in regards to the hours of operation, her bedroom faces out on the street and she and her husband have not experienced any problems with noise. Blackstone stated in her view there could be some confusion in regards to the petition and that she spoke to one of the neighbors who was wondering whether there could also be a restaurant in the neighborhood. Blackstone stated she would like the Council to know that she and her husband are very much in support of this license. Stacey Schoenzeit, 4480 Forest Lake Landing, stated she would like to tell the Council that the initial letter was not created or known by her husband and was created by a group of neighbors. Schoenzeit stated the neighbors came to her asking what is going on given all the parking in the neighborhood. Schoenzeit stated for the first two weeks in June, there were cars everywhere and that the Lines sent the neighbors a note informing them that they were having a private event. Schoenzeit noted the Lines have told the neighbors in the past that they are having an event but that it is usually one night. Schoenzeit stated one time she saw some people walking down the street who were excited about going to a concert and that the person showed them her ticket. Schoenzeit stated if you go on the Line's website, you can see that they are selling tickets to the events. Schoenzeit commented this is a neighborhood of dozens and dozens of children and that her husband had no clue about what was being written or going on until the neighbors approached here. Schoenzeit stated some of the other neighbors that live closer to the Lines are empty nesters and no longer have children living in the homes. Schoenzeit stated in her view the Lines do not understand that some of the other neighbors are worried about traffic and safety. Schoenzeit reiterated that her husband was not the instigator in this situation. Tim Line stated he thought it was from Loren since he was the person who took the documents around and that the petition was included with the letter. Line stated he would like to apologize to Loren. Page 19 of 34 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, September 12, 2016 7:00 o'clock p.m. 17. LEVEL II HOME OCCUPATION LICENSE, 4415 FOREST LAKE LANDING (continued) McMillan stated it appears there was some confusion about the events held earlier this summer. McMillan asked Mr. Line to explain how the events were run. Line stated for past events they always used valets and that the people parked on the north side of the road, which is what they were told should happen. McMillan asked when the shuttle service started. Line indicated it was in August. Line stated it literally was two trips in and two trips out. Tom Bart, 4464 Forest Lake Landing, indicated he lives three houses down from the Lines and two houses down from the Schoenzeits. Bart noted they were out of town in June and so they did not experience the traffic or the valet. Bart indicated they were here in August and that they did not know the events were going on. Bart stated he did not see any difference in traffic. Bart noted there is a lot of traffic on these streets and that there are garbage trucks, mail service, and neighbors traveling down the road. Bart stated in his view this does not add significantly to the traffic. Bart noted they have only lived there a couple of years but that the Lines have been great neighbors and that he supports what they are trying to do. Gail Blackstone stated she does support the desire to fix the road. Blackstone noted she has three children, with the youngest being 18. Blackstone stated she has noticed in the past that the biggest problem with cars on the road is the neighbors who drive very quickly or friends. Blackstone stated she has seen this van and that it was going very slowly down the road. Blackstone stated perhaps the neighborhood might be interested in adding speed bumps to slow the traffic down. Rick Zechman stated he lives on the corner of Wildhurst Trail and Forest Lake Landing. Zechman stated he has not noticed any problems with traffic and that there are not a lot of kids playing on Wildhurst Trail. Zechman indicated he is here to support the Lines. Loren Schoenzeit, 4480 Forest Lake Landing, stated this is not personal against the Lines and that if any family, friends, and neighbors were going to open a business or a commercial concert hall in their neighborhood, they would also say no and that it is not part of the code. Schoenzeit stated this is a quiet street on a dead end. Schoenzeit stated it is important to note that the name of the application is misleading and that the Lines are holding private concerts, 15 a year. The tickets are $150 apiece on Ticket Master like website. Schoenzeit stated if 40 tickets are for sale for 15 concerts, this is not a private event. Schoenzeit stated so far this summer there have been 15 concerts but that there is also another seven that the Lines have sold tickets to in November. Schoenzeit stated that adds up to 22 concerts. Schoenzeit stated the other thing is, when someone goes through an application before the City, the City looks at whether they meet the standards. To be a home occupation business, someone needs to meet all 16 of those criteria. If you do not, you can apply for a Level 11 license. Page 20 of 34 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, September 12, 2016 7:00 o'clock p.m. 17. LEVEL II HOME OCCUPATION LICENSE, 4415 FOREST LAKE LANDING (continued) Schoenzeit stated in the case of a quiet residential neighborhood, the residents of the neighborhood have to take precedent, but if the events could take place without causing any disturbance to the neighborhood, then the City should grant the license. Schoenzeit stated the diesel bus that they use is not able to take the turn onto Forest Lake Landing and stay on the correct side of the road. When the bus does their drop-off, they have to back up slowly with the beep, beep, beep. Schoenzeit stated the bus arrives at dinnertime and leaves at bedtime. Schoenzeit stated while some of the neighbors might be empty nesters, it is important to the families with children. Schoenzeit noted criteria number five is whether traffic in any way will affect the adjacent neighboring properties, and the answer is yes. Schoenzeit stated this is a commercial use of a property that is zoned residential. Criteria number eight states no noise at the property line. Schoenzeit indicated the bus beeps and smells. With regard to criteria number 12, the business has to operate between 8 a.m. to 7 p.m. but these events go from 6:30 to 9:00 or 9:45. Schoenzeit noted a home business is also allowed five customers per day, with two at the same time. Schoenzeit stated this is eight times the limit and that the homes are close together. Schoenzeit stated in order to be a legitimate, by the book home occupation, someone needs to meet all 16 of these criteria, and if you do not meet those criteria, you apply for a Level II. Schoenzeit stated that there will be a minimum of 15 concerts, 40 customers, and it does not work. As a result, the neighbors circulated a petition and they called the police. The police, in turn, gave them a little plastic sign to slow the traffic down. Schoenzeit noted a while back in 2001, the neighbors attended a public hearing on October 22, 2001, for a more intense use down at the end of the street. The question would be, if someone besides the applicant was trying to open an intense home business of this type, what they would say. Schoenzeit noted in that situation, the Lines submitted a letter to the City about what this means to our quiet neighborhood, which was increased traffic, parking concerns and, most of all, safety concerns for the children in our area. Schoenzeit stated this was when the City was proposing to open the public landing at the end of the street where there might be two swimmers and a canoeist once a week. The Lines stated because there is no parking at the end of the street, this will not work. Schoenzeit commented now it appears to be okay with the Lines and that he is at a loss for the flip-flop. Schoenzeit stated if the Council thinks this is a great idea and approves it, they should question certain things. Schoenzeit stated the Council should know whether the building is sprinkled. Schoenzeit stated if this is going to be a brand new concert hall in Orono, the City will want to make sure that it is handicap accessible, with ADA bathrooms. Schoenzeit stated the City should want the building to be safe. Schoenzeit stated he is guessing that this residential house does not meet the codes. Schoenzeit stated the other concern is if this is allowed, what is there to stop anybody else with a big house from opening up their house as a commercial concert hall. Schoenzeit stated for the sake of the children, the neighbors, the petition against it, he would strongly request that the City Council deny this business license. McMillan closed the public hearing at 9:33 p.m. Page 21 of 34 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, September 12, 2016 7:00 o'clock p.m. 17. LEVEL II HOME OCCUPATION LICENSE, 4415 FOREST LAKE LANDING (continued) Printup asked whether No. 12 would be eliminated if the hours were noon to 3:00. Barnhart indicated it would as long as they closed their doors before 7 p.m. Barnhart noted home occupations are generally 40 -hour weeks and this is 15 days a year. Barnhart indicated it is kind of a trade-off. McMillan commented it is kind of a hybrid between a special event and a home occupation and blurs both of the lines. Printup asked for some examples of delivery of products that the City has had in the past. Barnhart stated what he has seen in his career is delivery of wood product for a wood worker to the delivery of the finished product requiring straight line trucks or larger vehicles. Barnhart stated the question is whether a piano recital is a product to be delivered. Typically what someone might expect is some sort of product that is manufactured or reconditioned on the property that does not require a lot of nonresidential equipment. Barnhart stated generally true manufacturing is not permissible since it tends to be more intense and that what is being sold here is the music. Printup asked if a music teacher would be comparable. Barnhart indicated that would be a Level I unless they have 40 students at a time. Walsh stated the Lines live close to him and that once you jog up the hill, it is a very steep hill and goes all the way down past Forest Lake Landing. Walsh stated the sight lines are not very good and that there are always kids playing basketball and riding bicycles. Walsh stated there is plenty of activity in the neighborhood. Walsh stated the reputation of the Lines as a music phenomenon speaks for itself and that the City can debate the details of the bus runs, the number of people, etc., but in the end what he is seeing is an event center. Walsh stated from his perspective, he does not care what neighborhood an event center is in since it changes the character of the neighborhood. Walsh stated the Lines could perhaps hold the event at the church. Walsh stated there are other issues with event centers that have different impacts, but to create an event center in a neighborhood completely alters the character of the neighborhood. Levang indicated she drove the streets earlier today and that they are very narrow. Levang stated she saw the idea that there would be a shuttle bus and neighbors attempting to get in and out, as a problem. In addition, this is a quiet, residential neighborhood, the street is a dead-end, and there is not any off-street parking. Levang indicated she had difficulty turning around and had difficulty parking. Levang stated she sees safety concerns with that. Levang stated in her view the hours are not appropriate. Levang stated even though she is an empty - nester, she has kids and other people at her house quite frequently. In addition, the noise from ticket holders going in and out is difficult to control. People will be excited when they come and when they leave. Page 22 of 34 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, September 12, 2016 7:00 o'clock p.m. 17. LEVEL II HOME OCCUPATION LICENSE, 4415 FOREST LAKE LANDING (continued) Levang stated she is not sure how the City can allow this type of use in a quiet residential neighborhood and that it perhaps needs to be done in another place. Levang indicated she will be voting against it. McMillan stated she senses when the concerts are happening that there is not a problem with the noise but that the issue is getting the people to the event. McMillan indicates she lives on two dead-end streets and people have to be shuttled in for certain things. McMillan stated she understands this involves only four or five shuttle trips, but the feeling is that there are shuttle buses in the neighborhood, which gives a different feel to the neighborhood and that there is something commercial going on. McMillan stated when she looks at some of these dates, they can be an entire weekend, which can have a pretty big impact to the neighborhood since there will be 120 people going to and fro in the neighborhood for a commercial event. McMillan stated that is the issue she is struggling with. McMillan commented she is not sure if there is a compromise, but that what she sees is a lot of June and August weekends, which is pretty intense. McMillan stated she is not sure if there is a way to dial it back to the point where the neighborhood can tolerate it. McMillan stated people value their privacy, especially on private roads. Printup stated he is leaning the other way a little bit. Printup stated the traffic issue can be a bummer for people coming in and out but that it sounds like it is pretty well organized. Printup stated it is too bad the hours cannot be adjusted to the daytime. Printup stated it sounded like it was pretty well planned and prepared for but that he is just one vote. McMillan asked if the applicants would like to table their application. Line stated they are not hard and fast on 15 events and that they do have four dates booked in November but that they did not sell the other shows. Line indicated they did that under the fact that they had previously obtained a special event permit. Line stated they have been very straight forward on all of this and that the dates are not hard and fast. Line indicated the Sunday shows can go during the day. Line stated the overall goal is not to make the neighbors mad but to share Lorie's music with others. Line indicated they will abide by the Council's decision. Barnhart stated the Council could deny or table the application and that the applicants could amend their proposal based on the feedback. Walsh asked how this application came before the City Council after 15 events have already occurred. Barnhart stated a special event permit was requested in June, which goes through the clerk's office. That permit was issued for that event and the City later learned it was multiple events. Barnhart stated the application said several events but staff reviewed it as one event. Barnhart stated the clerk perhaps misread the application and that once Staff learned it was multiple events, they informed the Lines that they needed a different type of permit and Staff has been working with them since. Barnhart indicated the Lines were out of the country in July but that they have been forthright with Staff. Walsh asked who said it was okay. Page 23 of 34 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, September 12, 2016 7:00 o'clock p.m. 17. LEVEL II HOME OCCUPATION LICENSE, 4415 FOREST LAKE LANDING (continued) Barnhart indicated it was the City Clerk. Loftus stated the City Clerk works through the criteria on the special event permit, which includes working with the Police Chief to ensure there is a plan to handle the number of people parking. Loftus stated if it meets those criteria, it gets approved. Loftus stated the City Clerk believed there was a series of three concerts over the weekend in June but then the City learned from the neighbors that there were additional concerts being sold online. The applicant was then contacted. Printup asked whether the Council would be open to allowing it in November since it has gotten to this point and something fell through the cracks. Levang stated that sounds flexible but the concern is what the neighbors would think since they are the ones being burdened by this. Levang stated in her view it would be unfair to them to not take their comments into consideration. Loftus noted the special event permit did not grant permission for the November events. McMillan stated the Council would require additional information on the November events and that they are not sure what days of the week they are. McMillan stated the Council may not be able to resolve that tonight. McMillan stated Staff needs to know about this so the City can deal with it. Walsh stated in his view it is still an event center. Printup moved to table the Line's application. The motion died for lack of a second. Walsh moved, Levang seconded, to deny a Level II license for Lorie and Tim Lane, 4415 Forest Lake Landing. VOTE: Ayes 3, Nays 1, Printup Opposed. *18. NUISANCE BUILDING ABATEMENT, 325 CRESTVIEW AVENUE — RESOLUTION NO. 6674 Levang moved, Walsh seconded, to adopt RESOLUTION NO. 6674, a Resolution Ordering Repair or Removal of Nuisance Conditions for the property located at 325 Crestview Avenue. VOTE: Ayes 4, Nays 0. *19. RELEASE OF AGREEMENT Levang moved, Walsh seconded, to direct the Mayor and City Clerk to sign the release agreement as drafted for the property located at 3423 Shoreline Drive. VOTE: Ayes 4, Nays 0. 20. #16-3854 ASHISH AGGARWAL ON BEHALF OF APEX HOLDINGS, LLC, 2635 KELLEY PARKWAY, SKETCH PLAN REVIEW Gaffron stated this is a sketch plan review for a 70 -unit, 2 -story residential facility including 24 independent living, 24 assisted living, and 22 memory care units. Page 24 of 34 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, September 12, 2016 7:00 o'clock p.m. 20. #16-3854 ASHISH AGGARWAL ON BEHALF OF APEX HOLDINGS, LLC, 2635 KELLEY PARKWAY, SKETCH PLAN REVIEW (continued) The property is serviced with City sewer and water, with access off of Kelley Parkway. Development of the property would require rezoning to RPUD, an amendment to the Comprehensive Plan, and re -platting from an outlot to a lot per the provisions of the Stonebay PUD No. 4 Agreement. The goal of the review is to provide the developer with an overview of the pertinent City ordinances and how they affect the proposed development. The property is located directly across Kelley Parkway from the Stonebay Lofts at the west end of the long stormwater pond. The property is governed as part of the Stonebay Master Development Agreement and is guided and planned for commercial office use. This property has the potential to assist in meeting the City's residential urban density goals in order to allow continued development of Orono's sewered lakeshore areas as intended. Staff recommends the City Council's review of the sketch plan address the following: Is there justification for the necessary CMP amendment and rezoning to allow the guiding of this property to be converted from commercial to resident? If that conversion is not allowed, what other uses for this site might be acceptable? 2. Is the Council comfortable with the density of the development at 20 units per acre gross? If the developer had to construct a third story over part of the building in order to meet required setbacks and hardcover limits while maintaining the same 70 units, how would the Council react? Gaffron noted the applicant is not proposing three stories at this time. 4. Is there sufficient justification for flexibility in terms of hardcover and proximity of the building to Wayzata Boulevard. The Council should discuss whether this development should be required to create the RPUD standard 10 percent private recreation space. 6. Staff recommends that a 10 -foot trail easement be retained along the south boundary of the property. 7. The conceptual landscaping layout does not provide any buffering from Wayzata Boulevard. Gaffron displayed a sketch of the proposed building and interior layout. Gaffron noted the stormwater pond was originally sized to accommodate all elements of Stonebay and no additional ponding will be required on this site. Because the site is so flat, the assumption is that in order to make drainage function adequately and allow for underground parking, the site will require some amount of fill, likely raising the main floor above the level of Kelley Parkway. An internal storm sewer system is likely to be constructed on the site which will discharge to the pond. Page 25 of 34 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, September 12, 2016 7:00 o'clock p.m. 20. #16-3854 ASHISH AGGARWAL ON BEHALF OF APEX HOLDINGS, LLC, 2635 KELLEY PARKWAY, SKETCH PLAN REVIEW (continued) Gaffron indicated he would like to turn it over to the applicant so he can explain his proposal in more detail. Ashish Aggarwal, Applicant, stated he has owned the property for a number of years and that they have looked at a number of possibilities for the site. Aggarwal noted commercial at the present time is more concentrated to Wayzata and that senior housing is one of the things that Orono lacks. Aggarwal stated one of the characteristics of Orono is that people who live in Orono love to stay in Orono. Aggarwal stated they have looked at the future and what could be done with the site and that in their view this is a great site for senior housing. Aggarwal noted 72 units is the minimum size that they can have in order to be financially viable. The building was kept at two stories so the building will not be too tall and will blend in nicely with the townhomes and condominiums. Aggarwal noted he is an investor for this land and that once the plans are approved by the City Council, he will have a builder for the site. Levang asked if he intends to own the building and run the facility. Aggarwal indicated it would be run by a management company. Aggarwal indicated Apex Holdings are the investors and that the facility would be run by a professional senior housing management company. Levang asked how they will find a management company. Aggarwal indicated Mr. Gori constructs this type of development all over the country and that he would be able to help them. Levang asked if they would be constructing the building. Aggarwal stated they would have one of the commercial builders in the area construct it and that the next step would be to work with the management company and the builder. Levang stated in her mind there is a disconnect between them designing the building and the management company. Aggarwal stated the next step would be to work with the builder and the management company. Aggarwal stated Mr. Gori has designed a number of these buildings over the past 20 years and that he is very familiar with what is needed. Aggarwal stated there are some tweaks that will need to be made to the plan. McMillan asked what is located on the east end of the building by the pond. Viren Gori, Architect, stated it is similar to a band shell and is a pavilion. Gori indicated it was designed with the neighborhood in mind as an amenity to Stonebay. Gori indicated it would help engage the seniors living in the facility with the rest of the community. Page 26 of 34 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, September 12, 2016 7:00 o'clock p.m. 20. #16-3854 ASHISH AGGARWAL ON BEHALF OF APEX HOLDINGS, LLC, 2635 KELLEY PARKWAY, SKETCH PLAN REVIEW (continued) Levang asked what type of recreational space will be inside the building. Gori stated on the first floor the larger units to the right are the independent living units, the kitchen is down the middle with dining rooms on either side, and on the left-hand side is the assisted living. To the south is the secure memory wing. Gori indicated they have all the major dining activities on the first floor. The second floor would have a fitness area with an open terrace and outdoor patio overlooking Wayzata Boulevard. Gari indicated they tried to create a lot of interior spaces for the residents to comingle. Entry into the facility would be in the independent wing and not so much the assisted since that will have more security. Gori indicated there will be one movie and one recreation room, with the memory care unit being completely separate. McMillan noted the City already has Presbyterian Homes, Trails of Orono, as well as some other facilities in the nearby areas. McMillan asked how they see this competing against some of the product that has already been built. Gori stated it is close to the highway and has great visibility. Gori stated it would have a different client base since it is a smaller facility and that their preliminary estimates seem to suggest that 72 is a good number. Gori stated they are in the process of doing a detailed study and that they should have the results in about 30 days. Walsh asked if they have a specific organization in the Cities who have performed an actual study. Gori indicated they are looking at Maxfield Research. Aggarwal stated they have performed an initial study and not a full-blown study at this time. Aggarwal stated as the population ages, there will be a greater need for this type of facility. Walsh stated when he goes to a city and requests to rezone something, the first thing they ask him is if he has a research study they can look at. Walsh stated he would like to see that before something is entirely rezoned. Aggarwal stated they will be doing a full-blown study since this is a big project and that they would be glad to share that with the City. Aggarwal stated their initial study found 70 to 90 units would be feasible. Levang asked if the units would be rented. Aggarwal indicated they would be rental or fee based. Levang stated the part that is difficult for her is the views of the outdoors. Levang stated if you go to Orono Trails, it is surrounded by woods on two sides and there is something to look at. Levang stated in this situation there is not much to look at and is not very appealing. Page 27 of 34 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, September 12, 2016 7:00 o'clock p.m. 20. #16-3854 ASHISH AGGARWAL ON BEHALF OF APEX HOLDINGS, LLC, 2635 KELLEY PARKWAY, SKETCH PLAN REVIEW (continued) Aggarwal stated there is always a trade-off with any property. Aggarwal stated they wanted to create a quiet community. Aggarwal noted land in Ramsey would be cheaper than Orono and that there is always a trade-off. Aggarwal stated people will have their own preferences and that this facility does not cater to everyone but is available to people who want to stay in Orono. Aggarwal noted there are some trails in the area and that they are close to the schools and some of the businesses. McMillan stated she understands the need for 72 units but that she has a concern about the density and the lack of open space. McMillan stated she is not sure what the right density is for this site and that she would need to consider that a little bit more. McMillan commented she gets a number of people asking about rental property and not senior citizen facilities. McMillan indicated she is torn about having a more intense care facility on this site. McMillan noted Trails of Orono has expanded their memory care and that she is concerned about the hospital or critical care piece of the facility. Gori noted this is not critical care and not a hospital but rather an assisted living facility. Gori noted the memory care is also part of the assisted living. Gori stated if anyone requires critical care, they are moved to the hospital. Gori stated the reason he finds this site appealing for senior housing is the location. Gori indicated there was a study done by Maxfield Research that shows a trend for seniors moving toward areas with high visibility, which keeps seniors actively engaged with what is going on. Gori stated seniors would rather look at traffic than deer. Walsh noted some of the units at Stonebay look at the same view as this building would and that he does not have a problem with the use and the density. Walsh stated Maxfield Research type of information would be helpful in determining whether the site should be rezoned. Walsh stated open space and parking are not as big of a demand for this type of use and that they might want to consider reducing the parking. Walsh noted there are three stories across the street and that he would be more comfortable with two stories. McMillan stated there is a feeling of open space at Stonebay given the wetlands and that even though the use is intense, it does not give that appearance since there is a lot of open space. McMillan commented she would like to have a dense development but not necessarily a big building with a little bit of green space around it. McMillan stated she is a little bit concerned about packing the site full. McMillan asked if the City would receive credit for all the units. Gaffron noted the City would receive credit for 48 based on the facility having kitchen facilities. McMillan stated that also concerns her. McMillan stated unfortunately the Metropolitan Council does not count memory care as a residential unit, which is also a concern. Levang asked whether underground parking is a possibility. Gori indicated there is underground parking on the east side under the independent living side. Page 28 of 34 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, September 12, 2016 7:00 o'clock p.m. 20. #16-3854 ASHISH AGGARWAL ON BEHALF OF APEX HOLDINGS, LLC, 2635 KELLEY PARKWAY, SKETCH PLAN REVIEW (continued) Levang asked if that would just be for the residents. Gori stated it would primarily be for the residents. Gori noted the parking on the plan is excessive and can be reduced. Gori stated the driveway at the back can be reworked and that they will probably have some delivery/unloading areas. Gori noted a lot of the parking on the south side can be eliminated and that he will be refining the plans. Walsh stated if the memory care is converted to independent living, additional parking would be required. Levang asked what the land next to this site is. Gaffron indicated it is a little bit smaller and not part of Stonebay. Gaffron stated it is owned by the same group that owns the adjacent dental clinic property. That site is guided for office use, which is how this parcel is guided. Aggarwal stated one of the good things with this type of facility is that it promotes other commercial businesses in the area. Gori stated an office building on this site would completely change the character of the neighborhood. McMillan commented she would like to see a residential development on this site and that she would hate to put in 72 units and only get credit for 48. Gori stated if the memory care is eliminated and they go with independent care, it would still be the same size of building but the City would get credit for more units. Aggarwal commented there is no demand for an office building in this area and that it likely would be a warehouse. Gaffron stated the developer is looking for support on this proposal so they can take the next steps. Gaffron asked whether the Council is comfortable with rezoning the property. Levang and Walsh indicated they are amenable to that. McMillan stated she is also interested in looking at the market piece for this type of development. Aggarwal stated they will look at the demand for this type of facility again and see what kind of changes can be made to the building. Aggarwal asked if they could have a resolution that the Council is open to residential use on this site. Aggarwal stated they are open to tweaking the units but that they want to make sure that there is support for residential before they incur a lot of expenses. Gaffron stated in general the City does not make any formal commitments on a sketch plan and that they go by what is contained in the minutes. Page 29 of 34 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, September 12, 2016 7:00 o'clock p.m. 20. #16-3854 ASHISH AGGARWAL ON BEHALF OF APEX HOLDINGS, LLC, 2635 KELLEY PARKWAY, SKETCH PLAN REVIEW (continued)Walsh commented it appears the Council is in agreement that it should be residential. The City Council took no formal action on this item. 21. #16-3841 CITY OF ORONO, TEXT AMENDMENT: FLOOD PLAIN REGULATIONS — ORDINANCE NO. 177 Barnhart stated the proposed ordinance would modify the existing floodplain ordinance to be consistent with National Flood Insurance Program's model ordinance. Inclusion in the NFIP allows local property owners to obtain flood insurance. The DNR has reviewed the draft ordinance and the City has also received their initial letter of support. Barnhart stated he is asking for the Council to approve the ordinance and then to also approve the summary ordinance, which has also been approved by the DNR. Levang moved, Printup seconded, to adopt ORDINANCE NO. 177, Third Series, an Ordinance Amending the Code of Ordinances Pertaining to Floodplain Regulations in all Zoning Districts, and to adopt the SUMMARY ORDINANCE NO. 177, Third Series, an Ordinance Amending the Orono Municipal Code by Amending Article VIII Floodplain Management (Sections 78-1101 through 78- 1140) Regarding Floodplain Regulations by Establishing Flood Districts, Defining Development, and Regulating Development in These Districts. VOTE: Ayes 4, Nays 0. PUBLIC WORKS DIRECTOR/CITY ENGINEER REPORT, CONTINUED Edwards reported that Phase II of the Watertown Road project is currently underway and that the Public Works Department has finished the flushing and cleaning of the sewers in Zone 3. Edwards indicated they will be transitioning to inspection of the storm sewers in Zone 3 later this week. In addition, the mill and overlay on Tamarack is being completed. MAYOR/COUNCIL REPORT Walsh stated he participated in the parade at James J. Hill Days and that the event has expanded tremendously over the years and is a great success. Levang reported the Public Works Department has been busy getting the Navarre Park and Livingston Tower Park ready for the weekend festivities. In addition, the fencing in Lurton Park has been marked. Levang noted this Sunday is the Great Navarre Community Festival and ribbon cutting ceremony at Livingston Tower Park. Levang indicated they have designed a t -shirt for the festival that will be on sale. In addition, the Navarre street banners have been made into a 3 -foot size and will be available for sale, with the artist being there to sign the banners. Levang stated they will also have other Orono merchandise for sale, free food, activities for the kids, and heart safe training by the police department. Page 30 of 34 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, September 12, 2016 7:00 o'clock p.m. MAYOR/COUNCIL REPORT (continued) McMillan noted there was a police commission meeting in August and that everyone seems happy with the amount of policing in their city. McMillan reported the Highway 12 safety coalition had a meeting in September and that the bids for the concrete barriers had to be rebid. McMillan stated at some point between October 10 and November 5 the bypass will be closed for the work. Traffic will be rerouted on 112. MnDOT is also looking at future funding for Highway 12 from County Road 6 to County Road 29 in Maple Plain and extending the concrete barrier on that stretch of roadway. McMillan noted West Hennepin's police chief, who serves as the leader of the coalition, recently received a leadership award for creating the coalition. McMillan reported Long Lake Waters, which is a newly formed lake association created for monitoring issues on Long Lake, has two meetings coming up. The first meeting will be held on Wednesday, September 14, at 6 p.m. at the Orono Fire Station, and the second meeting will be held Wednesday, October 19, 6-7:30, same location. McMillan stated the association is looking at doing a water summit and that they would like to have the DNR, MN Pollution Control, and the Minnehaha Watershed District in and talk about water quality issues on Long Lake. CITY ADMINISTRATOR'S REPORT 22. 2017 BUDGET AND PRELIMINARY LEVY Olson stated this is the first public presentation of the budget. The preliminary tax levy will be adopted at the next City Council meeting and the final levy and budget will be adopted at the December 12 Council meeting. Olson noted public input is allowed prior to the adoption of the budget. The Council has discussed the preliminary budget as part of the last three Council work sessions. At the August work session, the Council expressed agreement with the General Fund expenditure budget and revenue budgets as they were presented. At that meeting the Council also expressed support for refunding the Series 2008 Pavement Management Bonds. The 2017 revenue budget is projected to increase 3.8 percent, which does include an increase in the property tax levy for the General Fund of $180,744 or 4.5 percent. The biggest reason for the increase has to do with contract and step wage increases as well as an increase in public safety charges of $61,000. Olson noted the Mound police contract has an inflator of 2.5 percent. Olson reported the expenditure budget will increase $279,294, which is a 3.62 percent increase. Olson stated the City's expenditure budget consists largely of wages and contracted services, with 64 percent of the budget being personnel services followed by professional services. Olson commented Orono budgets very conservatively and does not have a lot of discretionary items in the budget. Olson noted supplies and maintenance is only 8 percent of the budget and that the other expenses category includes electricity and gas and things like that. Olson stated in this year's budget wages have a lot to do with the increase. Page 31 of 34 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, September 12, 2016 7:00 o'clock p.m. 22. 2017 BUDGET AND PRELIMINARY LEVY (continued) Non-union step increases equal $18,000. Olson noted non-union wages has a two percent COLA increase which adds $32,000 to the budget, and union step/longevity increases amount to $45,000. Olson noted the City had more senior police officers that have retired and that they were replaced with younger officers, which has resulted in the increased step increases. In addition, workers comp for the police department adds $36,000. Olson noted the City's rating went from a.75 to a 1 and that the City did have a couple of very expensive workers comp claims, which resulted in an increase if the workers comp premium. Other increases in the General Fund include software licensing at $8,000, cloud backup at $6,000, LOGIS application at $8,000, Comprehensive Plan update at $18,700, professional services for the Navarre Plan at $30,000, for a total amount of $60,700. Olson stated also included in the tax levy is the debt service levy, which is staying the same in 2017. The pavement management levy is being increased to $401,506. The total of all proposed levies is $5,353,730. Olson noted there has been some discussion about whether to bond or not bond and that the Council will need to make those decisions in the next couple of weeks. Olson stated since 2011, Orono has been well below the average state-wide for property tax increases. On average other cities have increased their taxes by 9.44 percent more than the City of Orono. That number amounts to $475,000. Olson noted since 2010, Orono's levy has increased 6.18 percent, which is lower than a number of other local cities. Olson noted the City of Medina increased their taxes by 36 percent since 2010. Olson stated overall Orono has done a very good job at controlling the tax rate but that the City Council will need to decide how to fund some necessary road improvements. Olson stated if there is no change in property values, the tax levy increase would be 8.06 percent, which increases the pavement management levy to $401,000. On a $250,000 home, that would result in a savings of $10.82. On a $500,000 home, that would result in a savings of $23.00, on a million dollar home the property owner would save $51.75, and on a $2 million home the property owner would save $109.00. If a 5 percent increase is assumed on property valuations, taxes on a $250,000 home would increase by $12.00 per year and on a $2 million property the taxes would go up by $101.50. Olson stated his understanding after the last work session is the Council needs to decide whether to bond and how much the pavement management levy should increase. Edwards reviewed the City's options for bonding. Edwards stated if the City chooses to bond, starting in 2018 a source of funding will need to be identified. Olson stated if the City chooses to bond, the City would need to pass a revised pavement management plan, which was originally done back in 2008. Olson stated the pavement management plan does not have to be unanimous but the decision to go out to bond has to be unanimous by all attending Council members. Short of having a 4-0 vote or a 5-0 vote, the City would be required to have a hearing. Page 32 of 34 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, September 12, 2016 7:00 o'clock p.m. 22. 2017 BUDGET AND PRELIMINARY LEVY (continued) Olson stated if the Council approves the pavement management plan, there is a 30 -day period where a petition can be brought requesting a referendum or a vote on it by the general public. If that happens, that 30 days would delay the bonding process. McMillan noted the City has utilized the bonding process to complete a number of road projects in the past. McMillan stated to her understanding the City has spent over $400,000 in budget surpluses, which is not sustainable, and that the other part of the budget surplus was used to fund the streetlights in Navarre. McMillan stated the City has a number of roads that need to be addressed and the Council is now at a point where something else can be considered Printup asked whether cities ever look at longer terms and bond in bigger amounts. Olson stated that is a strategy that is sometimes employed. Loftus stated there should be a minimum of a three-year bonding plan since it is not favorable for the City to go out more frequently than every three years. Olson stated larger bond issues tend to draw more bids and that more bids generally translate into better interest rates. Olson stated if the City does decide to bond for roads, a pavement management plan would need to be approved identifying how the money will be spent. McMillan stated the levy can be lowered if the City decides to go out for bonds but that they cannot go above the preliminary levy. McMillan stated the City needs to make sure there is a little bit of a cushion. McMillan asked how long it would take to complete a pavement management plan. Olson stated the pavement management plan can be updated fairly quickly and that it is more a matter of identifying the roads to be completed. Loftus stated the purpose of tonight's hearing was to present the information to the public. Loftus stated the number one complaint Staff hears at City Hall is the condition of the roads. McMillan stated the City has an opportunity with the refunding to look at bonding, which the City has not done in a while, and that repairing the roads with the budget surplus is not sustainable going into the future. McMillan requested the preliminary levy discussion occur near the top of the agenda at the next Council meeting. 23. AUTHORIZATION TO ISSUE 2016 GO REFUNDING BONDS, SERIES 2016A — RESOLUTION NO. 6675 Walsh moved, Printup seconded, to adopt RESOLUTION NO. 6675, a Resolution Providing for the Sale of $2,800,000 General Obligation Refunding Bonds, Series 2016A. VOTE: Ayes 4, Nays 0. Page 33 of 34 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, September 12, 2016 7:00 o'clock p.m. CITY ADMINISTRATOR'S REPORT, CONTINUED Loftus stated the City has purchased some recycling bins if any resident would like to stop in and pick one up. As of September 23, absentee ballots will be available at City Hall. Levang noted a person must sign up for the compost program in order to receive one of the compost bins. *24. LICENSES & PERMITS Game Animals Limited Use Permit 1. Three Rivers Park District Deer hunt Baker Park Reserve October 7-9 and November 11-13, 2016 Liquor License 1. 8 to A Lamp Taste of Long Lake Special Event Saturday, October 8, 2016 6-9p.m. Levang moved, Walsh seconded, to approve the above -listed licenses. VOTE: Ayes 4, Nays 0. *25. CLAIMS/BILLS Levang moved, Walsh seconded, to approve payment of the All Funds Account. VOTE: Ayes 4, Nays 0. CITY ATTORNEY'S REPORT Mattick had nothing to report. ADJOURNMENT Printup moved, Walsh seconded, to adjourn the Orono City Council meeting at 11:28 p.m. VOTE: Ayes 4, Nays 0. ATTEST Diane Tiegs, City Clerk Lili Tod McMillan, Mayor Page 34 of 34 REQUEST FOR COUNCIL ACTION DATE: September 26, 2016 ITEM NO: 3 Department Approval: Administrator Reviewed: Agenda Section: Name Jessica Loftus Y"-4 Presentation Title City Administrator Item Description: CSAH 112 Phase 2 Design and Trail Extension Hennepin County and SRF Engineers will attend the meeting to provide an update of the CSAH 112 turnback design for Phase 2 (Wolf Point Trail to Wayzata Blvd) and also discuss a trail extension from Old Long Lake Road to the Luce Line Trail. COUNCIL ACTION REQUESTED: Provide feedback and possibly make a motion to support the proposed preliminary design. REQUEST FOR COUNCIL ACTION DATE: September 26, 2016 ITEM NO: 3 Department Approval: Administrator Reviewed: Agenda Section: Name Jessica Loftus Y"-4 Presentation Title City Administrator Item Description: CSAH 112 Phase 2 Design and Trail Extension Hennepin County and SRF Engineers will attend the meeting to provide an update of the CSAH 112 turnback design for Phase 2 (Wolf Point Trail to Wayzata Blvd) and also discuss a trail extension from Old Long Lake Road to the Luce Line Trail. COUNCIL ACTION REQUESTED: Provide feedback and possibly make a motion to support the proposed preliminary design. PRELIMINARY WAYZATA BOULEVARD (CSAR 112) PHASE 2 LAYOUT Tt_ - 75 Awkew IN - u. Y 9 r.. t.. T r�R �l r. ar �. d yt e - 5 r 7 - a .. ' 4 ,`,�" ..` "l •'��d I � • ,may. • �'r a 5. a ;yf �"^'. ,<i+r .mow. ._ :- � l w 6 • r r } 1 5 CK 710 Jv - `'' _ L> r cy .� . �'} s -t.. ' - � -i � -, ' � i -.... T ♦ � .� o.Y-s T,wR.s. •., - J. �'�' • }` _. � Fes. - - .. `1 .S �/ LEGEND PAVED ROADWAY RETAINING WALL RAISED MEDIANS & CURBS PAVED SHOULDERS BITUMINOUS TRAILS & BIKEWAYS ° CONCRETE SIDEWALKS & TRAILS w r 71 P ^ FUTURE CONSTRUCTIONu 6Y OTHE OTHERS" i �4 a i h •a 0 100 200 ! •ter -: PROPOSED LOCATION PONDING N - GUARDRAIL 1 " scale in feet -_ EXISTING RIGHT OF WAY ti. ARY CONSTRUCTION N N LIITS M - - - - - - - - PRELII STRUCTIO ( TOE OF SLOPE) 4'WETLANDS H:\Projects\09000\9275\CAD_BIM\Layout\9275_1,, - Trail Conn,cf 1on.dgn Ails - +br — �` _ ._.. � ..-, ""� - : �, :. Y .;�..., •._ '� . _ .. � r i'IK '� � � "`"� y.. t . %tat . - . - •r-. t �� .'�+r .r" : , i. ,--- s. !rr ,4, j,. -•pt: ' p N :: , A ,. _`k,.). 5:.-,o> >. #--•- `: ,i,,.r .,•' € -s'.:r j, Se015#•. .- _a -- -- :r„ }1 _ . Y'1i ``k y ,- -:-� y : e r-.. • s - _ - _. 'y\ �! ,, -f1:. _ lax a 2�- _ • k'gam +� _ . t Aw s. :�'' 1 y ^lm I , r - s r, _ _ T -.P , /y I 11r u all - .,Oop. r `77 4` _ Y . J l ! i�` . 1 O Ly ' a . • '6 ,. 20.0' (L CSAH 112 CLEAR ZO ' 8.0' 7•0' 8.0' 11.0' 111.0' 11.0' 8.0' 5.0' TRAIL BLVD SHLD THRU LT. TURN THRU SHLD 1.5' PROFILE OBSTACLE GRADE FREE ZONE _2.0% _2.0% 2.0% 2.0% 2.0%_ 4.07_ B424 C&G CSAH 112 TYPICAL SECTION E DESIGN SPEED = 40 MPH SUBURBAN = ON STATE AID RULEi 8820.9920 IL E N d \Vl , ICq T=.;r ,. 120 4L 4C _ D r ,Affif 43 , t .. �O a 1 pL.01 ri �► ,t OC�S� T 1207 mw OF •s: _ - , �' C, / ya'_. •. - � - w ..,. ~' ; Int qz-� zi r' f ,v % ` Y Y .< „ „ FF r r: - i . 3rt LEGEND PAVED ROADWAY RETAINING WALL RAISED MEDIANS & CURBS PAVED SHOULDERS BITUMINOUS TRAILS & BIKEWAYS ° CONCRETE SIDEWALKS & TRAILS w r 71 P ^ FUTURE CONSTRUCTIONu 6Y OTHE OTHERS" i �4 a i h •a 0 100 200 ! •ter -: PROPOSED LOCATION PONDING N - GUARDRAIL 1 " scale in feet -_ EXISTING RIGHT OF WAY ti. ARY CONSTRUCTION N N LIITS M - - - - - - - - PRELII STRUCTIO ( TOE OF SLOPE) 4'WETLANDS H:\Projects\09000\9275\CAD_BIM\Layout\9275_1,, - Trail Conn,cf 1on.dgn Ails - +br — �` _ ._.. � ..-, ""� - : �, :. Y .;�..., •._ '� . _ .. � r i'IK '� � � "`"� y.. t . %tat . - . - •r-. t �� .'�+r .r" : , i. ,--- s. !rr ,4, j,. -•pt: ' p N :: , A ,. _`k,.). 5:.-,o> >. #--•- `: ,i,,.r .,•' € -s'.:r j, Se015#•. .- _a -- -- :r„ }1 _ . Y'1i ``k y ,- -:-� y : e r-.. • s - _ - _. 'y\ �! ,, -f1:. _ lax a 2�- _ • k'gam +� _ . t Aw s. :�'' 1 y ^lm I , r - s r, _ _ T -.P , /y I 11r u all - .,Oop. r `77 4` _ Y . J l ! i�` . 1 O Ly ' a . • '6 ,. 20.0' (L CSAH 112 CLEAR ZO ' 8.0' 7•0' 8.0' 11.0' 111.0' 11.0' 8.0' 5.0' TRAIL BLVD SHLD THRU LT. TURN THRU SHLD 1.5' PROFILE OBSTACLE GRADE FREE ZONE _2.0% _2.0% 2.0% 2.0% 2.0%_ 4.07_ B424 C&G CSAH 112 TYPICAL SECTION E DESIGN SPEED = 40 MPH SUBURBAN = ON STATE AID RULEi 8820.9920 IL E N d \Vl , ICq T=.;r ,. 120 4L 4C _ D r ,Affif 43 , t .. �O a 1 pL.01 ri �► ,t OC�S� T 1207 mw OF •s: _ - , �' C, / ya'_. •. - � - w ..,. ~' ; Int qz-� zi r' f ,v % ` Y Y .< „ „ FF r r: - i AIN110 LEGEND RURAL SECTION URBAN SECTION WITH TRAIL INP R/W i 970 INP GND n _ i ml 0 960 6 O N U_ C d (6 nl 950 80 70 60 50 40 30 20 10 I L V Oki I ADDITIONAL TRAIL FROM OLD LONG LAKE ROAD TO LUCE LINE TRAIL Consulting Group, Inc. CSAH 112 (WAYZTATA BLVD) - PHASE 2 Job #9275 HENNEPIN COUNTY 9/23/2016 CSAH 112 1190+50000 979. 69 979.60 PRELIMINARY SUBJECT TO CHANGE 9/23/2016 Ll Oki I Consulting Group, Inc. INP R/W 980 � � I ��� 970 0 10 20 30 40 50 •it 950 Figure 1 SRF COMM NO 9275 9275_7738_Estimate_Summary_160801.xlsx Priorities Phase 2 CSAH 112 (Wolf Pointe Trail to Wayzata Blvd) DATE: 8/15/2016 Phase 2 (Wolf Pointe Trail to Wayzata Blvd) TOTALS TURNBACK FUNDS HENNEPIN COUNTY CITY OF ORONO CITY OF LONG LAKE Base Construction (1) $7,513,700 $7,513,700 R/W $233,600 $233,600 Subtotal $7,747,300 $7,747,300 Trail along north side of CSAH 112 from Wolf Pointe Trail to Old Long Lake Road Construction (1) $84,800 $42,400" R/W $57,700 $57,700 Subtotal $142,500 $100,100 Additional trail from Old Long Lake Road to Luce Line Trail (3) Construction (1) $187,000 $93,500 �9?• R/W (2) $33,000 $16,500 Subtotal $220,000 $110,000 >Ilc City of Long Lake Utility Replacement $846,000 $846,000 Hennepin County fiber optic system $100,000 $100,000 Subtotal - Phase 2 $9,055,800 $7,747,300 $310,100 $114,300 $884,100 indicates City proposed contribution to discretionary project elements. Blue Text indicates Hennepin County proposed contribution to discretionary project elements. Discretionary spending item cost will be shared by the County and City based on policy. Previous estimates from March 2014 were updated to reflect direction received from the City Councils (Long Lake and Orono) and further updates received at the July 21, 2016 PAC meeting. (1) Construction cost includes 18% Engineering and Construction Administration. (2) Assumes no right of way cost for trail over crossing over the Wood -Rill (DNR -SNA) property north of Luce Line Trail. (3) Additional wetland impacts due to trail widening are approximately 4,500 SQFT. 9/26/16 City of Orono Council Based upon public and agency input, there is renewed interest to consider extending the proposed multi -use trail along the east side of Wayzata Boulevard beginning at Old Long Lake Road and extending south to a connection at the Luce Line Trail. If the City of Orono were to construct this section of trail in the future, separate from the proposed Hennepin County Turnback project (Phase 2), the estimated cost is between $400,000 and $470,000. 9/26/16 City of Orono Council Based upon public and agency input, there is renewed interest to consider extending the proposed multi -use trail along the east side of Wayzata Boulevard beginning at Old Long Lake Road and extending south to a connection at the Luce Line Trail. If the City of Orono were to construct this section of trail in the future, separate from the proposed Hennepin County Turnback project (Phase 2), the estimated cost is between $400,000 and $470,000. REQUEST FOR COUNCIL ACTION DATE: September 26, 2016 ITEM NO: 4 Department Approval: Administrator Reviewed: Agenda Section: Name Ron Olson *IV Y"-4 Presentation Title Finance Director Item Description: 2017 Budget and Preliminary Levy Overview The Council has discussed the preliminary budget as part of the last three council work sessions. The preliminary budget and tax levy was presented to the public at the September 12 council meeting. The General Fund budget information presented at that meeting is attachment 1 for your review. As required by state law, the 2017 preliminary tax levy is required to be certified to Hennepin County by September 30th. In order to meet this deadline, the preliminary budget and tax levy needs to be adopted at tonight's meeting. Tax Lew As discussed at previous meetings, the total levy can be increased by $399,250 without increasing the tax rate. The City's tax levy is made up of three parts: General Fund Operating, Debt Service, and the Pavement Management levy. As presented, the current budget would increase the tax levy $399,250. The increase is split between the General Fund ($180,740) and the Pavement Management Fund ($218,500). This would be a total levy increase of 8.06%. The tax rate would remain flat (0% increase) at 17.325. Another option that has been discussed, is to issue bonds to fund upcoming road needs; and to increase the Debt Service levy needed to fund the debt service on the bonds. On a $1,000,000 bond issue, the debt service levy required would be $111,062 in the total debt service levy. A portion of this would be offset by the savings realized by the refunding of the 2008 bonds ($34,563 in 2017). The net increase in the debt service would be $76,499. When added to General Fund levy increase of $180,744 this results in a total levy increase of $257,243 (5.19%). The tax rate would decrease to 16.865%. Bonding The City's bonding authority is governed by state and federal regulations. The resolution authorizing the refunding of the 2008 bonds was passed by the Council at the September 12th meeting. There are no public hearing requirements and the entire process from authorization to closing is about two months. The issuance of new street reconstruction bonds has additional requirements and will take around three months to complete. The street bonds are issued under Minnesota Statutes, Section 475.58, Subdivision 3b which requires the City to adopt a 5 -year street reconstruction plan prior to issuing the bonds. The adoption of the reconstruction plan requires a public hearing and a unanimous vote of the council. Once the plan is approved and the bond sale is authorized, there is a 30 day period in which citizens could petition for a reverse referendum on the bond sale. A timeline for the issuance of street reconstruction bonds is included in attachment 3. If the Council is interested in issuing street reconstruction bonds, it is advantageous to issue these bonds in conjunction with the refunding bond issue. Ehlers and Associates, the City's fiscal agents, estimate that by combining the two bond issues the city will save $24,000 in issuance costs. Because smaller bond issues tend to receive fewer bids, combining the two issues into one larger issue should create a more competitive bidding environment and has the potential to result in lower interest rates. If the Council wishes to proceed with issuing pavement management bonds, a motion calling for a public hearing on adoption of the City's Five -Year Street Reconstruction Plan and its intention to issue up to the decided amount of General Obligation Street Reconstruction Bonds to finance the improvements is required. Information on road funding needs is included as attachment 4. Request for Council Action A motion to adopt the Resolution Adopting the 2017 Preliminary General Fund Budget and the Resolution Adopting the 2017 Preliminary Tax Levy. In addition, if the Council is in favor of bonding for future road projects, a motion calling for a public hearing on adoption of a Five -Year Street Reconstruction Plan and the City's intention to issue up to the decided amount of General Obligation Street Reconstruction Bonds to finance the improvements. Attachments: 1) 2017 Preliminary Budget and Tax Levy Information 2) Resolution Adopting the Preliminary General Fund Budget 3) Resolution Adopting the Preliminary Tax Levy 4) Road Funding Information REQUEST FOR COUNCIL ACTION DATE: September 26, 2016 ITEM NO: 4 Department Approval: Administrator Reviewed: Agenda Section: Name Ron Olson AW16 Presentation Title Finance Director Item Description: 2017 Budget and Preliminary Levy Overview The Council has discussed the preliminary budget as part of the last three council work sessions. The preliminary budget and tax levy was presented to the public at the September 12 council meeting. The General Fund budget information presented at that meeting is attachment 1 for your review. As required by state law, the 2017 preliminary tax levy is required to be certified to Hennepin County by September 30th. In order to meet this deadline, the preliminary budget and tax levy needs to be adopted at tonight's meeting. Tax Lew As discussed at previous meetings, the total levy can be increased by $399,250 without increasing the tax rate. The City's tax levy is made up of three parts: General Fund Operating, Debt Service, and the Pavement Management levy. As presented, the current budget would increase the tax levy $399,250. The increase is split between the General Fund ($180,740) and the Pavement Management Fund ($218,500). This would be a total levy increase of 8.06%. The tax rate would remain flat (0% increase) at 17.325. Another option that has been discussed, is to issue bonds to fund upcoming road needs; and to increase the Debt Service levy needed to fund the debt service on the bonds. On a $1,000,000 bond issue, the debt service levy required would be $111,062 in the total debt service levy. A portion of this would be offset by the savings realized by the refunding of the 2008 bonds ($34,563 in 2017). The net increase in the debt service would be $76,499. When added to General Fund levy increase of $180,744 this results in a total levy increase of $257,243 (5.19%). The tax rate would decrease to 16.865%. Bonding The City's bonding authority is governed by state and federal regulations. The resolution authorizing the refunding of the 2008 bonds was passed by the Council at the September 12th meeting. There are no public hearing requirements and the entire process from authorization to closing is about two months. The issuance of new street reconstruction bonds has additional requirements and will take around three months to complete. The street bonds are issued under Minnesota Statutes, Section 475.58, Subdivision 3b which requires the City to adopt a 5 -year street reconstruction plan prior to issuing the bonds. The adoption of the reconstruction plan requires a public hearing and a unanimous vote of the council. Once the plan is approved and the bond sale is authorized, there is a 30 day period in which citizens could petition for a reverse referendum on the bond sale. A timeline for the issuance of street reconstruction bonds is included in attachment 3. If the Council is interested in issuing street reconstruction bonds, it is advantageous to issue these bonds in conjunction with the refunding bond issue. Ehlers and Associates, the City's fiscal agents, estimate that by combining the two bond issues the city will save $24,000 in issuance costs. Because smaller bond issues tend to receive fewer bids, combining the two issues into one larger issue should create a more competitive bidding environment and has the potential to result in lower interest rates. If the Council wishes to proceed with issuing pavement management bonds, a motion calling for a public hearing on adoption of the City's Five -Year Street Reconstruction Plan and its intention to issue up to the decided amount of General Obligation Street Reconstruction Bonds to finance the improvements is required. Information on road funding needs is included as attachment 4. Request for Council Action A motion to adopt the Resolution Adopting the 2017 Preliminary General Fund Budget and the Resolution Adopting the 2017 Preliminary Tax Levy. In addition, if the Council is in favor of bonding for future road projects, a motion calling for a public hearing on adoption of a Five -Year Street Reconstruction Plan and the City's intention to issue up to the decided amount of General Obligation Street Reconstruction Bonds to finance the improvements. Attachments: 1) 2017 Preliminary Budget and Tax Levy Information 2) Resolution Adopting the Preliminary General Fund Budget 3) Resolution Adopting the Preliminary Tax Levy 4) Road Funding Information REQUEST FOR COUNCIL ACTION DATE: September 12, 2016 ITEM NO: 22 Department Approval: Name Ron Olson JWJC Title Finance Director Administrator Reviewed: Item Description: 2017 Budget and Preliminary Levy Agenda Section: City Administrator's Report Overview The Council has discussed the preliminary budget as part of the last three council work sessions. At the August 28 work session, the Council expressed agreement with the General Fund expenditure budget and revenue budgets as they were presented. The General Fund budget information presented to the Council in August is included as attachment 1 for your review. At the August meeting, the Council also indicated support of refunding the Series 2008 Pavement Management Bonds which is projected to result in an average annual savings of $29,100 for the years 2017 through 2023. A debt payment schedule and a bonding timeline for the refunding issue is included as attachment 2. The main issue remaining to be decided is whether to fund needed road maintenance by increasing the property tax levy by an additional $218,000; or to finance the road improvements by issuing bonds. Tonight's meeting provides the Council an opportunity to discuss this matter and provide staff direction to prepare the preliminary tax levy for adoption at the September 26th council meeting. This meeting also provides another opportunity for the public to provide input on the budget and tax levy. Tax Lew As discussed in August, the total levy can be increased by $399,250 without increasing the tax rate. The City's tax levy is made up of three parts: General Fund Operating, Debt Service, and the Pavement Management levy. As presented, the current budget would increase the tax levy $399,250. The increase is split between the General Fund ($180,744) and the Pavement Management Fund ($218,506). This would be a total levy increase of 8.06%. The tax rate would remain flat (0% increase) at 17.325. Another option that was discussed at the August work session was to issue bonds to fund upcoming road needs; and to increase the Debt Service levy needed to fund the debt service on the bonds. On a $1,000,000 bond issue, the debt service levy required would be $111,062 in the total debt service levy. A portion of this would be offset by the savings realized by the refunding of the 2008 bonds ($34,563 in 2017). The net increase in the debt service would be $76,499. When added to General Fund levy increase of $180,744 this results in a total levy increase of $257,243 (5.19%). The tax rate would decrease to 16.865%. 2017 Preliminary Budget & Tax Levy Attachment 1- Page 1 9/12/16 Memo Bonding The City's bonding authority is governed by state and federal regulations. The refunding of the 2008 bonds is pretty straight forward. The process can be started upon the passing of a resolution to set the bond sale date. There are no public hearing requirements and the entire process from authorization to closing is about two months. A resolution authorizing the refunding bond issue is on tonight's agenda. A timeline for the refunding is included in attachment 2. The issuance of street reconstruction bonds has additional requirements and will take around three months to complete. The street bonds are issued under Minnesota Statutes, Section 475.58, Subdivision 3b which requires the City to adopt a 5 -year street reconstruction plan prior to issuing the bonds. The adoption of the reconstruction plan requires a public hearing and a unanimous vote of the council. Once the plan is approved and the bond sale is authorized, there is a 30 day period in which citizens could petition for a reverse referendum on the bond sale. A timeline for the issuance of street reconstruction bonds is included in attachment 3. If the Council is interested in issuing street reconstruction bonds, it is advantageous to issue these bonds in conjunction with the refunding bond issue. Ehlers and Associates, the City's fiscal agents, estimate that by combining the two bond issues the city will save $24,000 in issuance costs. Because smaller bond issues tend to receive fewer bids, combining the two issues into one larger issue should create a more competitive bidding environment and has the potential to result in lower interest rates. If the Council authorizes the sale of street reconstruction bonds, it could be advantageous to issue additional bonds to fund projects scheduled in future years. Information on road funding needs is included in attachment 4. Request for Council Action The primary decision is to confirm the size of the preliminary tax levy that will be approved on September 26. Once the preliminary levy is approved, it cannot be increased. Council could also direct staff to make changes to the General Fund budget if desired. If the Council wishes to issue Pavement Management Bonds, the Council should consider a motion to call for a public hearing to be held on October 10, 2016 at 7:00 p.m. at City Hall in connection with the adoption of the City's Five -Year Street Reconstruction Plan and its intention to issue up to the decided upon amount of General Obligation Street Reconstruction Bonds to finance street improvements as identified in said plan. City staff is directed to cause the notice to be published in the official newspaper of the city at least 10 but not more than 28 days before the hearing. Attachments: 1) Work Session Memo — 8/22/16 2) Bonding Information — Refunding 3) Bonding Information — Pavement Management Bonds 4) Road Funding Needs 2017 Preliminary Budget & Tax Levy Attachment 1- Page 2 9/12/16 Memo City of Orono 2017 Revenue Budget Summary 2017 Preliminary Budget & Tax Levy Attachment 1- Page 1 9/12/16 Memo - Revenue Information Percentage 2015 Y -T -D 2015 2016 Increase Increase Revenue Source Actual Jun 30,2016 Budget Budget (Decrease) (Decrease) Property Taxes 4,004,169 - 4,016,500 4,197,244 180,744 4.5% Total Licenses 14,765 5,204 17,900 17,900 - 0.0% Total Permits 520,778 212,060 451,750 451,750 0.0% Total Intergovernmental 252,013 5,184 227,220 227,220 0.0% Total Gen Govt Service Charges 460,665 272,533 374,500 399,500 25,000 6.7% Total Public Safety Service Charges 2,278,365 1,963,284 2,317,800 2,379,350 61,550 2.7% Total Fines and Forfeits 94,275 28,398 80,500 80,500 - 0.0% Total Investment Revenue 72,947 207 35,500 35,500 - 0.0% Total Miscellaneous Revenue 224,928 149,392 171,900 183,900 12,000 7.0% Total Revenue 7,922,906 2,636,262 7,693,570 7,972,864 279,294 3.6% 2017 Preliminary Budget & Tax Levy Attachment 1- Page 1 9/12/16 Memo - Revenue Information City of Orono 2017 Revenue Budget Summary Percentage 2015 Y -T -D 2015 2016 Increase Increase Revenue Source Actual Jun 30,2016 Budget Budget (Decrease) (Decrease) Current Ad Valorem Taxes 3,946,275 - 4,016,500 Delinquent Ad Valorem Taxes 7,736 - Fiscal Disparities 34,074 Personal Property Tax 15,874 Forfieted Tax Sale Apportionmt - Rent Credit - Penalties and Interest -Taxes 209 - - Property Taxes 4,004,169 4,016,500 4,197,244 180,744 4.5% Beer & Liquor Licenses 4,550 - 7,000 7,000 - 0.0% Cigarette Licenses 1,000 125 400 400 0.0% Garbage Haulers Licenses 1,140 1,080 1,100 1,100 0.0% Other Business License/Permit 5,892 3,537 5,400 5,400 0.0% Dog Licenses 2,183 462 4,000 4,000 0.0% Total Licenses 14,765 5,204 17,900 17,900 0.0% Building Permits 413,188 166,581 375,000 375,000 0.0% Zoning Permit 2,718 979 1,750 1,750 0.0% Mechanical/Septic/Other 72,857 28,173 50,000 50,000 0.0% Plumbing Permit 32,015 16,326 25,000 25,000 0.0% Total Permits 520,778 212,060 451,750 451,750 0.0% Federal Grant -other - - - - N/A Market Value Credit 474 - - N/A Police State Aid 211,354 200,000 200,000 0.0% Police Training Reimbursement 9,662 10,000 10,000 0.0% PERA State Aid 7,219 - 7,220 7,220 0.0% State Grant -other 23,305 5,184 10,000 10,000 0.0% Total Intergovernmental 252,013 5,184 227,220 227,220 0.0% Administrative Charges for Svc 81,600 42,650 80,000 80,000 0.0% General Taxable Sales/Service 1,300 462 1,000 1,000 0.0% Assessments searches 700 240 300 300 - 0.0% Plan Check/Site Exam Fees 221,993 120,898 175,000 190,000 15,000 8.6% Cond Use-Variance-Dev Fees 49,282 24,985 35,000 40,000 5,000 14.3% Engineering & Legal Fees 59,349 34,847 35,000 40,000 5,000 14.3% Bldg Permits -mail in fees 867 439 700 700 - 0.0% On-site Septic Program fees 44,640 44,550 44,500 44,500 0.0% Coop Agreement -public works 933 3,463 3,000 3,000 0.0% InterDepartmental Services -PW - - - - - N/A Total Gen Govt Service Charges 460,665 272,533 374,500 399,500 25,000 6.7% Coop Agreement -inspection 27,862 6,734 15,000 15,000 - 0.0% Coop Agreement -police 2,149,555 1,949,484 2,222,500 2,283,500 61,000 2.7% Police Special Services 93,641 5,975 75,000 75,000 - 0.0% False Alarm Fees 4,750 750 4,000 4,500 500 12.5% Police Reports 956 342 800 850 50 6.3% Police Reserve Receipts 1,600 - 500 500 - 0.0% Total Public Safety Service Charges 2,278,365 1,963,284 2,317,800 2,379,350 61,550 2.7% Other Fines - - - - - N/A Court Fines 93,975 28,398 80,000 80,000 0.0% Drug Task Force - - - - N/A Dog Impound Fees 300 - 500 500 0.0% Total Fines and Forfeits 94,275 28,398 80,500 80,500 0.0% Interest on investments 72,359 - 35,000 35,000 0.0% Interest -NOW account 588 207 500 500 0.0% Total Investment Revenue 72,947 207 35,500 35,500 0.0% Utility Penalties 1,460 120 1,500 1,500 0.0% Green Fees 101,587 56,236 90,000 - Rental -Golf carts & Club 43,263 20,822 32,000 Beer Sales 9,103 2,696 7,000 Pop Sales 4,497 1,980 3,200 Concessions -taxable 3,220 1,222 2,100 Golf Ball Sales 2,150 540 1,700 2017 Preliminary Budget & Tax Levy Attachment 1- Page 2 9/12/16 Memo - Revenue Information Revenue Source Pro Shop -taxable Pro Shop -nontaxable Other Golf Course Receipts Cash Over/Short Total Golf Course Receipts Miscellaneous Revenue Rent Income Contributions & donations Refunds & Reimbursements Sale of Equipment Filing fees-elections/plats Total Miscellaneous Revenue Total Revenue City of Orono 2017 Revenue Budget Summary 2017 Preliminary Budget & Tax Levy Attachment 1- Page 3 9/12/16 Memo - Revenue Information Percentage 2015 Y -T -D 2015 2016 Increase Increase Actual Jun 30,2016 Budget Budget (Decrease) (Decrease) 658 248 1,000 950 592 1,000 22,894 7,590 - (155) 4 - - 188,166 91,928 138,000 150,000 12,000 8.7% 3,586 988 3,000 3,000 0.0% 4,950 3,150 5,400 5,400 0.0% 628 - - - N/A 1,544 1,851 - - N/A 17,610 44,116 20,000 20,000 0.0% 6,985 7,240 4,000 4,000 0.0% 224,928 149,392 171,900 183,900 12,000 7.0% 7,922,906 2,636,262 7,693,570 7,972,864 279,294 3.6% 2017 Preliminary Budget & Tax Levy Attachment 1- Page 3 9/12/16 Memo - Revenue Information Mayor & Council Administration Elections Assessing Finance Law/Legal Services Central Services Human Services Police Fire Protection Services Building & Zoning Engineering Street Maintenance Parks Golf Course Special Services Special Projects -Contingencies Transfers to Other Funds Total General Fund Expenditures City of Orono 2017 General Fund Budget Departmental Budgets 2017 Preliminary Budget & Tax Levy Attachment 1- Page 1 9/12/16 Memo - Expenditure Information 2017 Dollar % 2015 2015 2016 Draft Increase Increase Budget Actual Budget Budget (Decrease) (Decrease) 91,700 91,446 83,240 85,150 1,910 2.29% 280,560 269,268 291,120 296,150 5,030 1.73% 2,400 316 18,130 3,160 (14,970) -82.57% 160,000 166,074 180,000 180,000 - 0.00% 318,620 307,892 322,320 323,670 1,350 0.42% 97,500 96,581 102,500 104,000 1,500 1.46% 239,050 240,555 244,470 265,900 21,430 8.77% 12,400 11,997 12,400 12,400 - 0.00% 3,971,675 3,737,312 4,076,850 4,178,250 101,400 2.49% 387,000 383,856 395,150 397,000 1,850 0.47% 686,500 670,933 707,050 762,470 55,420 7.84% 25,000 17,080 20,000 20,000 - 0.00% 554,440 496,239 493,830 499,825 5,995 1.21% 105,100 109,375 108,120 116,469 8,349 7.72% 147,995 159,454 152,640 172,670 20,030 13.12% 69,930 103,456 95,750 95,750 - 0.00% 40,000 24,500 40,000 100,000 60,000 150.00% 390,000 679,000 365,000 375,000 10,000 2.74% 7,579,870 7,565,334 7,708,570 7,987,864 279,294 3.62% 2017 Preliminary Budget & Tax Levy Attachment 1- Page 1 9/12/16 Memo - Expenditure Information City of Orono 2017 General Fund Budget Major Expenditure Categories 2017 Preliminary Budget & Tax Levy Attachment 1- Page 2 9/12/16 Memo - Expenditure Information 2017 Increase % 2015 2015 Y -T -D 2016 Draft (Decrease) Increase Budget Actual Jun 30,2016 Binet Budget 2015 to 2016 (Decrease) Personal Services 4,834,770 4,684,658 2,170,860 4,951,340 5,096,600 145,260 2.93% Supplies & Maintenance 676,675 544,398 246,313 636,510 618,804 (17,706) -2.78% Insurances 98,030 98,593 49,348 97,470 99,220 1,750 1.80% Professional Services 952,150 982,028 403,614 1,023,400 1,081,950 58,550 5.72% Other Expenses 381,945 365,002 177,615 383,350 401,590 18,240 4.76% Capital Outlay 198,300 174,048 127,417 202,000 204,000 2,000 0.99% Transfers to Other Funds 390,000 679,000 - 365,000 375,000 10,000 2.74% Contingencies 40,000 24,500 1,356 40,000 100,000 60,000 150.00% Purchases for Resale 8,000 13,107 5,751 9,500 10,700 1,200 12.63% Total 7,579,870 7,565,334 3,182,275 7,708,570 7,987,864 279,294 3.62% 2017 Preliminary Budget & Tax Levy Attachment 1- Page 2 9/12/16 Memo - Expenditure Information City of Orono 2017 Line Item Budget Mayor & Council 41110 Dollar % 2015 2015 2016 Y -T -D 2017 Increase Increase Budget Actual Budget Jun 30, 2016 Draft Budget Decrease (Decrease) City Council Total 91,700 91,446 83,240 46,263 85,150 1,910 2.29% 2017 Preliminary Budget & Tax Levy Attachment 1- Page 3 9/12/16 Memo - Expenditure Information Personal Services 101 Full -Time Employees Regular 18,200 18,200 18,200 9,100 18,200 0 0.00% 122 FICA 1,390 1,392 1,390 696 1,390 0 0.00% 151 Worker's Comp Insurance Prem 0 90 50 25 70 20 40.00% Total Personal Services 19,590 19,682 19,640 9,821 19,660 20 0.10% Other Expenses 433 Memberships 70,810 70,387 62,100 36,042 63,990 1,890 3.04% 437 Training & Development 500 540 500 0 500 0 0.00% 439 Meeting Expenses 800 836 1,000 401 1,000 0 0.00% 489 Other Miscellaneous Charges 0 0 0 0 0 0 N/A Total Other Expenses 72,110 71,763 63,600 36,442 65,490 1,890 2.97% City Council Total 91,700 91,446 83,240 46,263 85,150 1,910 2.29% 2017 Preliminary Budget & Tax Levy Attachment 1- Page 3 9/12/16 Memo - Expenditure Information City of Orono 2017 Line Item Budget Administration 41300 2017 Preliminary Budget & Tax Levy Attachment 1- Page 4 9/12/16 Memo - Expenditure Information Dollar 2015 2015 2016 Y -T -D 2017 Increase Increase Budget Actual Budget Jun 30, 2016 Draft Budget Decrease (Decrease) Personal Services 101 Full -Time Employees Regular 192,950 189,820 192,350 86,426 197,790 5,440 2.83% 102 Full -Time Employees Overtime 1,300 0 1,300 0 1,300 0 0.00% 103 Part -Time Employees 0 0 0 0 0 0 N/A 104 Temporary Employees Regular 450 7,653 10,500 5,253 10,500 0 0.00% 121 PERA 14,570 13,545 14,520 6,300 14,930 410 2.82% 122 FICA 14,900 14,083 15,620 6,502 16,030 410 2.62% 135 City Benefit Contribution 35,940 24,960 37,020 16,223 37,020 0 0.00% 142 Unemployment Benefit Payments 0 0 0 0 0 0 N/A 151 Worker's Comp Insurance Prem 1,150 1,150 1,210 605 1,280 70 5.79% Total Personal Services 261,260 251,211 272,520 121,308 278,850 6,330 2.32% Supplies & Maintenance 208 Books & Periodicals 300 286 300 0 300 0 0.00% Total Supplies & Maintenance 300 286 300 0 300 0 0.00% Professional Services 319 Professional Services 6,000 5,485 6,000 2,250 6,000 0 0.00% Total Professional Serivices 6,000 5,485 6,000 2,250 6,000 0 0.00% 2017 Preliminary Budget & Tax Levy Attachment 1- Page 4 9/12/16 Memo - Expenditure Information City of Orono 2017 Line Item Budget Administration cont. 41300 2017 Preliminary Budget & Tax Levy Attachment 1- Page 5 9/12/16 Memo - Expenditure Information Dollar % 2015 2015 2016 Y -T -D 2017 Increase Increase Budget Actual Budget Jun 30, 2016 Draft Budget Decrease Decrease Other Expenses 331 Travel Expenses 5,000 4,623 4,000 1,800 4,000 0 0.00% 340 General Advertising 0 0 0 0 0 0 N/A 433 Memberships 1,500 1,396 1,300 1,195 500 (800) -61.54% 437 Training & Development 3,500 2,162 3,500 2,488 3,500 0 0.00% 439 Meeting Expenses 500 1,246 500 205 0 (500) -100.00% 489 Other Miscellaneous Charges 2,500 2,860 3,000 244 3,000 0 0.00% Total Other Expenses 13,000 12,286 12,300 5,932 11,000 (1,300) -10.57% Administration Total 280,560 269,268 291,120 129,490 296,150 5,030 1.73% 2017 Preliminary Budget & Tax Levy Attachment 1- Page 5 9/12/16 Memo - Expenditure Information Total Personal Services 0 0 12,960 0 1,160 (11,800) -91.05% SUDDIIes & Maintenance 208 Books & Periodicals 221 Equipment Parts & Accessories 240 Small Tools and Minor Equip Total Supplies & Maintenance 0 0 0 City of Orono 0 0 N/A 21000 0 2,200 1,832 2017 Line Item Budget (200) -9.09% 0 0 300 0 0 Elections -100.00% 316 800 0 0 (800) -100.00% 41410 Travel Expenses 0 0 100 0 0 (100) -100.00% 340 General Advertising Dollar % 220 0 2015 2015 2016 Y -T -D 2017 Increase Increase 0 0 Budget Actual Budget Jun 30, 2016 Draft Budget Decrease (Decrease) 0 Personal Services 0 0 0 0 N/A 437 102 Full -Time Employees Overtime 0 0 1,000 0 1,000 0 0.00% 104 Temporary Employees Regular 0 0 11,800 0 0 (11,800) -100.00% 121 PERA 0 0 80 0 80 0 0.00% 122 FICA 0 0 80 0 80 0 0.00% Total Personal Services 0 0 12,960 0 1,160 (11,800) -91.05% SUDDIIes & Maintenance 208 Books & Periodicals 221 Equipment Parts & Accessories 240 Small Tools and Minor Equip Total Supplies & Maintenance 0 0 0 0 0 0 N/A 21000 0 2,200 1,832 2,000 (200) -9.09% 0 0 300 0 0 (300) -100.00% 2,000 0 2,500 1,832 2,000 (500) -20.00% Elections Total 2,400 316 18,130 1,832 3,160 (14,970) -82.57% 2017 Preliminary Budget & Tax Levy Attachment 1- Page 6 9/12/16 Memo - Expenditure Information Other Expenses 319 Professional Services 0 0 0 0 0 0 N/A 322 Postage 400 316 800 0 0 (800) -100.00% 331 Travel Expenses 0 0 100 0 0 (100) -100.00% 340 General Advertising 0 0 220 0 0 (220) -100.00% 412 Building Rentals 0 0 0 0 0 0 N/A 415 Other Equipment Rentals 0 0 0 0 0 0 N/A 437 Training & Development 0 0 100 0 0 (100) -100.00% 439 Meeting Expenses 0 0 600 0 0 (600) -100.00% 489 Other Miscellaneous Charges 0 0 850 0 0 (850) -100.00% Total Other Expenses 400 316 2,670 0 0 (2,670) -100.00% Elections Total 2,400 316 18,130 1,832 3,160 (14,970) -82.57% 2017 Preliminary Budget & Tax Levy Attachment 1- Page 6 9/12/16 Memo - Expenditure Information City of Orono 2017 Line Item Budget Assessing 41550 Dollar % 2015 2015 2016 Y -T -D 2017 Increase Increase Budget Actual Budget Jun 30, 2016 Draft Budget Decrease Decrease Assessing Services 302 Assessing Services 160,000 166,074 180,000 0 180,000 0 0.00% Total Assessing Service 160,000 166,074 Assessing Total 160,000 166,074 180,000 0 180,000 0 0.00% 0 180,000 0 0.00% 2017 Preliminary Budget & Tax Levy Attachment 1- Page 7 9/12/16 Memo - Expenditure Information City of Orono 2017 Line Item Budget Finance Department 41500 2017 Preliminary Budget & Tax Levy Attachment 1- Page 8 9/12/16 Memo - Expenditure Information Dollar % 2015 2015 2016 Y -T -D 2017 Increase Increase Budget Actual Budget Jun 30, 2016 Draft Budget Decrease (Decrease) Personal Services 101 Full -Time Employees Regular 207,160 208,801 211,380 105,009 210,430 (950) -0.45% 102 Full -Time Employees Overtime 200 0 200 0 200 0 0.00% 103 Part -Time Employees 21,040 21,368 21,400 8,999 22,520 1,120 5.23% 104 Temporary Employees Regular 0 0 0 0 0 0 N/A 121 PERA 17,110 17,271 17,030 8,451 17,470 440 2.58% 122 FICA 17,460 16,647 17,370 8,081 17,820 450 2.59% 135 City Benefit Contribution 52,920 41,207 52,080 19,651 52,080 0 0.00% 151 Worker's Comp Insurance Prem 1,250 1,250 1,330 665 1,610 280 21.05% Total Personal Services 317,140 306,544 320,790 150,856 322,130 1,340 0.42% Supplies & Maintenance 208 Books & Periodicals 0 0 0 0 0 0 N/A Total Supplies & Maintenance 0 0 0 0 0 0 N/A Professional Services 301 Auditing and Acct'g Services 0 0 0 0 0 0 N/A Total Professional Services 0 0 0 0 0 0 N/A Other Expenses 331 Travel Expenses 150 190 200 0 200 0 0.00% 433 Memberships 330 325 330 325 340 10 3.03% 437 Training & Development 11000 833 1,000 0 1,000 0 0.00% Total Other Expenses 1,480 1,347 1,530 325 1,540 10 0.65% Finance Total 318,620 307,892 322,320 151,181 323,670 1,350 0.42% 2017 Preliminary Budget & Tax Levy Attachment 1- Page 8 9/12/16 Memo - Expenditure Information 2017 Preliminary Budget & Tax Levy Attachment 1- Page 9 9/12/16 Memo - Expenditure Information City of Orono 2017 Line Item Budget Law/Legal Services 41600 Dollar % 2015 2015 2016 Y -T -D 2017 Increase Increase Budget Actual Budget Jun 30, 2016 Draft Budget Decrease Decrease Professional Services 305 Legal -Retainer 0 0 0 0 0 0 N/A 306 Legal -Prosecution 38,500 38,500 38,500 18,759 40,000 1,500 3.90% 307 Legal -Consulting 45,000 46,988 50,000 21,004 50,000 0 0.00% 308 Code Enforcement 4,000 2,054 4,000 450 4,000 0 0.00% 309 Jail Charges 10,000 9,040 10,000 6,906 10,000 0 0.00% Total Professional Services 97,500 96,581 102,500 47,119 104,000 1,500 1.46% Law/Legal Services Total 97,500 96,581 102,500 47,119 104,000 1,500 1.46% 2017 Preliminary Budget & Tax Levy Attachment 1- Page 9 9/12/16 Memo - Expenditure Information City of Orono 2017 Line Item Budget Central Services 41900 Dollar % 2015 2015 2016 Y -T -D 2017 Increase Increase Budget Actual Budget Jun 30, 2016 Draft Budget Decrease (Decrease) Total Insurances 2017 Preliminary Budget & Tax Levy 10,000 Supplies & Maintenance 361 General Liability Ins 362 Umbrella Liability Ins 363 Bonds Insurance 365 201 Office supplies 14,000 13,130 14,570 5,012 14,000 (570) -3.91% 221 Equipment Parts & Accessories 31000 3,838 3,000 476 3,000 0 0.00% 223 Bldg/Grounds Maint. Supplies 3,500 3,357 3,500 785 3,500 0 0.00% 401 Repairs/Maint-Office Equip 24,000 15,249 16,000 4,166 16,000 0 0.00% 403 Repairs/Maint-Misc. Equip 700 570 700 136 700 0 0.00% 404 Repairs/Maint-Bldgs/Grounds 15,000 23,870 15,000 7,172 20,000 5,000 33.33% 407 Janitorial Services 19,000 18,557 19,000 8,558 19,000 0 0.00% 416 Software Licensing 0 10,941 12,000 19,326 20,000 8,000 66.67% Total Supplies & Maintenance 79,200 89,511 83,770 45,632 96,200 12,430 14.84% Professional Services 301 Auditing and Acct'g Services 20,000 20,000 20,000 20,000 20,000 0 0.00% 311 Data Processing Communication 0 0 0 0 0 0 N/A 319 Professional Services 15,000 11,690 12,000 7,147 18,000 6,000 50.00% 370 Insurance Agent of Record 0 0 0 0 0 0 N/A Total Professional Services 35,000 31,690 32,000 27,147 38,000 6,000 18.75% Total Insurances 2017 Preliminary Budget & Tax Levy 10,000 Insurances 361 General Liability Ins 362 Umbrella Liability Ins 363 Bonds Insurance 365 Boiler & Machinery Ins 366 Property Insurance 367 Equipment Floaters Ins 368 Automotive Insurance Total Insurances 2017 Preliminary Budget & Tax Levy 10,000 10,000 10,000 5,000 10,000 0 0.00% 51000 5,000 5,000 2,500 5,000 0 0.00% 200 200 200 100 200 0 0.00% 1,300 1,300 1,300 650 1,300 0 0.00% 5,000 5,000 5,000 2,500 5,000 0 0.00% 11300 1,300 1,300 650 1,300 0 0.00% 7,400 7,400 7,400 3,700 7,400 0 0.00% 30,200 30,200 30,200 15,100 Attachment 1- Page 10 30,200 0 0.00% 9/12/16 Memo - Expenditure Information Other Expenses 312 Bank Fees 321 Telephone 322 Postage 329 Internet/Other Communications 352 Printing & Publishing 381 Gas & Electric 382 Water Utilities 413 Office Equipment Rental 440 Special Equipment Replacement 489 Other Miscellaneous Charges Total Other Expenses Capital Outlay 512 Spec Assmts on Land & Int 750 Interest on Special Assmnts 94,650 89,154 98,500 52,287 101,500 3,000 3.05% 0 0 0 0 0 0 N/A 0 0 0 0 0 0 N/A Total Capital Outlay 0 0 0 0 0 0 N/A Central Services Total 239,050 240,555 244,470 140,165 265,900 21,430 8.77% 2017 Preliminary Budget & Tax Levy Attachment 1- Page 11 9/12/16 Memo - Expenditure Information City of Orono 2017 Line Item Budget Central Services cont. 41900 Dollar 2015 2015 2016 Y -T -D 2017 Increase Increase Budget Actual Budget Jun 30, 2016 Draft Budget Decrease Decrease 4,000 4,408 4,000 2,540 4,500 500 12.50% 7,500 8,331 8,000 5,257 10,000 2,000 25.00% 11,000 10,739 11,000 9,972 11,000 0 0.00% 4,650 3,863 8,000 3,539 8,000 0 0.00% 15,500 15,182 15,000 6,552 15,000 0 0.00% 29,000 25,621 29,000 14,597 29,000 0 0.00% 2,500 3,046 2,500 1,149 3,000 500 20.00% 20,000 17,045 20,000 8,420 20,000 0 0.00% 0 0 0 11 0 0 N/A 500 919 1,000 250 1,000 0 0.00% 94,650 89,154 98,500 52,287 101,500 3,000 3.05% 0 0 0 0 0 0 N/A 0 0 0 0 0 0 N/A Total Capital Outlay 0 0 0 0 0 0 N/A Central Services Total 239,050 240,555 244,470 140,165 265,900 21,430 8.77% 2017 Preliminary Budget & Tax Levy Attachment 1- Page 11 9/12/16 Memo - Expenditure Information Other Expenses 490 Contributions to Civic Org's Total Other Expenses Human Services Total City of Orono 2017 Line Item Budget Human Services 41800 Dollar 2015 2015 2016 Y -T -D 2017 Increase Increase Budget Actual Budget Jun 30, 2016 Draft Budget Decrease (Decrease) 12,400 11,997 12,400 0 12,400 0 0.00% 12,400 11,997 12,400 0 12,400 0 0.00% 12,400 11,997 12,400 0 12,400 0 0.00% 2017 Preliminary Budget & Tax Levy Attachment 1- Page 12 9/12/16 Memo - Expenditure Information City of Orono 2017 Line Item Budget Police Department 42110 Total Personal Services Suoolies & Maintenance 201 Office supplies 208 Books & Periodicals 212 Motor Fuels & Lubricants 221 Equipment Parts & Accessories 223 Bldg/Grounds Maint. Supplies 226 Clothing & personal equipment 228 Training Supplies 229 Explorers Program expenses 240 Small Tools and Minor Equip 401 Repairs/Maint-Office Equip 402 Repairs/Maint-Auto Equip 403 Repairs/Maint-Misc. Equip 404 Repairs/Maint-Bldgs/Grounds 407 Janitorial Services 416 Software Licensing 3,197,850 3,120,780 3,296,420 1,434,325 3,387,560 91,140 2.76% 17,000 6,835 15,000 5,218 12,000 (3,000) -20.00% Dollar % 1,000 0 2015 2015 2016 Y -T -D 2017 Increase Increase 115,000 0 Budget Actual Budget Jun 30, 2016 Draft Budget Decrease (Decrease) 0.00% Personal Services 911 1,300 20 1,300 0 0.00% 26,000 101 Full -Time Employees Regular 2,255,040 2,226,744 2,315,280 1,025,981 2,361,800 46,520 2.01% 102 Full -Time Employees Overtime 60,000 18,608 50,000 9,033 50,000 0 0.00% 103 Part -Time Employees 43,000 98,356 53,000 14,515 53,530 530 1.00% 104 Temporary Employees Regular 0 423 0 0 0 0 N/A 121 PERA 347,720 351,635 359,730 159,798 366,650 6,920 1.92% 122 FICA 44,440 44,327 46,000 19,826 47,120 1,120 2.43% 135 City Benefit Contribution 382,380 315,013 401,580 166,842 401,580 0 0.00% 142 Unemployment Benefit Payments 0 404 0 2,914 0 0 N/A 151 Worker's Comp Insurance Prem 65,270 65,270 70,830 35,415 106,880 36,050 50.90% Total Personal Services Suoolies & Maintenance 201 Office supplies 208 Books & Periodicals 212 Motor Fuels & Lubricants 221 Equipment Parts & Accessories 223 Bldg/Grounds Maint. Supplies 226 Clothing & personal equipment 228 Training Supplies 229 Explorers Program expenses 240 Small Tools and Minor Equip 401 Repairs/Maint-Office Equip 402 Repairs/Maint-Auto Equip 403 Repairs/Maint-Misc. Equip 404 Repairs/Maint-Bldgs/Grounds 407 Janitorial Services 416 Software Licensing 3,197,850 3,120,780 3,296,420 1,434,325 3,387,560 91,140 2.76% 17,000 6,835 15,000 5,218 12,000 (3,000) -20.00% 1,000 0 1,000 0 1,000 0 0.00% 115,000 48,008 115,000 25,725 115,000 0 0.00% 61000 6,690 6,000 2,591 6,000 0 0.00% 1,300 911 1,300 20 1,300 0 0.00% 26,000 27,738 25,000 21,410 25,000 0 0.00% 16,000 18,512 16,000 322 16,000 0 0.00% 4,000 3,456 4,000 99 4,000 0 0.00% 7,000 2,642 6,000 214 6,000 0 0.00% 14,500 7,601 5,000 2,361 5,000 0 0.00% 54,000 35,045 50,000 21,863 50,000 0 0.00% 81000 4,840 8,000 2,686 8,000 0 0.00% 7,500 7,678 6,500 3,296 6,500 0 0.00% 15,000 12,918 15,000 6,197 15,000 0 0.00% 0 9,987 10,000 12,785 11,500 1,500 15.00% Total Supplies & Maintenance 292,300 192,860 283,800 104,786 282,300 (1,500) -0.53% 2017 Preliminary Budget & Tax Levy Attachment 1- Page 13 9/12/16 Memo - Expenditure Information City of Orono 2017 Line Item Budget Police Department cont. 42110 2015 2015 2016 Budget Actual Budget Professional Services Dollar % Y -T -D 2017 Increase Increase Jun 30, 2016 Draft Budget Decrease (Decrease) 304 Engineering -Consulting 0 0 0 0 0 0 N/A 307 Legal -Consulting 6,500 3,736 8,000 3,038 8,000 0 0.00% 310 LOGIS-Applications 76,950 64,164 82,250 25,048 90,310 8,060 9.80% 311 Data Processing Communication 5,000 4,115 5,000 2,936 6,000 1,000 20.00% 317 Animal Care 1,700 85 1,000 0 1,000 0 0.00% 319 Professional Services 12,000 12,091 14,500 11,288 14,500 0 0.00% 370 Insurance Agent of Record 0 0 0 0 0 0 N/A Total Professional Services 102,150 84,190 110,750 42,310 119,810 9,060 8.18% Total Insurances 55,000 55,000 55,000 27,500 55,000 0 0.00% 2017 Preliminary Budget & Tax Levy Attachment 1- Page 14 9/12/16 Memo - Expenditure Information Insurances 361 General Liability Ins 35,000 35,000 35,000 17,500 35,000 0 0.00% 362 Umbrella Liability Ins 10,000 10,000 10,000 5,000 10,000 0 0.00% 366 Property Insurance 1,000 1,000 1,000 500 1,000 0 0.00% 367 Equipment Floaters Ins 0 0 0 0 0 0 N/A 368 Automotive Insurance 9,000 9,000 9,000 4,500 9,000 0 0.00% 379 Insurance Deductibles 0 0 0 0 0 0 N/A Total Insurances 55,000 55,000 55,000 27,500 55,000 0 0.00% 2017 Preliminary Budget & Tax Levy Attachment 1- Page 14 9/12/16 Memo - Expenditure Information City of Orono 2017 Line Item Budget Police Department cont. 42110 Total Other Expenses 126,075 110,434 128,880 59,972 129,580 700 0.54% Capital Outlay Dollar % 550 Automotive Equipment 2015 2015 2016 Y -T -D 2017 Increase Increase 560 Furniture and Fixtures Budget Actual Budget Jun 30, 2016 Draft Budget Decrease Decrease 570 Other Expenses 7,300 6,176 7,000 0 7,000 0 0.00% 321 Telephone 23,225 19,166 23,230 10,542 23,230 0 0.00% 322 Postage 1,600 114 1,200 99 1,200 0 0.00% 329 Internet/Other Communications 6,070 3,598 6,100 2,559 6,300 200 3.28% 331 Travel Expenses 280 28 250 26 250 0 0.00% 340 General Advertising 0 55 0 0 0 0 N/A 352 Printing & Publishing 1,800 1,972 1,800 1,445 1,800 0 0.00% 381 Gas & Electric 18,000 24,965 20,000 8,227 20,000 0 0.00% 382 Water Utilities 1,500 1,634 1,200 402 1,200 0 0.00% 413 Office Equipment Rental 2,800 4,106 2,800 2,327 3,300 500 17.86% 414 EDP/Communications Equip Rent 20,000 23,443 20,000 9,620 20,000 0 0.00% 433 Memberships 3,000 2,770 5,500 2,640 5,500 0 0.00% 436 Towing Charges 0 147 0 157 0 0 N/A 437 Training & Development 35,000 20,356 35,000 17,380 35,000 0 0.00% 439 Meeting Expenses 2,500 2,142 2,500 1,378 2,500 0 0.00% 440 Special Equipment Replacement 5,000 3,668 5,000 0 5,000 0 0.00% 441 Licenses & Taxes 1,300 2,040 1,300 3,140 1,300 0 0.00% 489 Other Miscellaneous Charges 4,000 232 3,000 30 3,000 0 0.00% Total Other Expenses 126,075 110,434 128,880 59,972 129,580 700 0.54% 2017 Preliminary Budget & Tax Levy Attachment 1- Page 15 9/12/16 Memo - Expenditure Information Capital Outlay 550 Automotive Equipment 145,000 149,338 151,000 109,593 153,000 2,000 1.32% 560 Furniture and Fixtures 0 0 0 0 0 0 N/A 570 Office Equip and Furnishings 7,300 6,176 7,000 0 7,000 0 0.00% 575 IT Hardware & Applications 25,000 8,951 23,000 5,378 23,000 0 0.00% 580 Other Equipment 21,000 9,583 21,000 12,446 21,000 0 0.00% Total Capital Outlay 198,300 174,048 202,000 127,417 204,000 2,000 0.99% Police Total 3,971,675 3,737,312 4,076,850 1,796,309 4,178,250 101,400 2.49% 2017 Preliminary Budget & Tax Levy Attachment 1- Page 15 9/12/16 Memo - Expenditure Information Professional Services 318 Fire Services 319 Professional Services Total Professional Services Fire Protection Services Total City of Orono 2017 Line Item Budget Fire Protection Services 42260 Dollar % 2015 2015 2016 Y -T -D 2017 Increase Increase Budget Actual Budget Jun 30, 2016 Draft Budget Decrease (Decrease) 387,000 383,856 395,150 211,166 397,000 1,850 0.47% 0 0 0 0 0 0 N/A 387,000 383,856 395,150 211,166 397,000 1,850 0.47% 387,000 383,856 395,150 211,166 397,000 1,850 0.47% 2017 Preliminary Budget & Tax Levy Attachment 1- Page 16 9/12/16 Memo - Expenditure Information Personal Services 101 Full -Time Employees Regular 102 Full -Time Employees Overtime 103 Part -Time Employees 104 Temporary Employees Regular 121 PERA 122 FICA 135 City Benefit Contribution 142 Unemployment Benefit Payments 151 Worker's Comp Insurance Prem Total Personal Services Supplies & Maintenance 208 Books & Periodicals 212 Motor Fuels & Lubricants 221 Equipment Parts & Accessories 226 Clothing & personal equipment 240 Small Tools and Minor Equip 402 Repairs/Maint-Auto Equip 403 Repairs/Maint-Misc. Equip City of Orono 2017 Line Item Budget Building & Zoning 42400 2015 2015 2016 Budget Actual Budget Dollar % Y -T -D 2017 Increase Increase Jun 30, 2016 Draft Budget Decrease (Decrease) 444,180 428,200 435,010 209,108 438,290 3,280 0.75% 200 115 200 0 200 0 0.00% 0 0 0 0 0 0 N/A 0 0 0 0 0 0 N/A 33,330 31,784 32,640 15,452 32,890 250 0.77% 34,000 33,318 33,290 15,837 33,540 250 0.75% 71,880 52,105 74,040 24,435 74,040 0 0.00% 0 0 0 0 0 0 N/A 2,510 2,510 2,620 1,310 2,460 (160) -6.11% 586,100 548,032 577,800 266,141 581,420 3,620 0.63% 0 262 600 142 500 (100) -16.67% 1,500 1,876 1,500 0 1,500 0 0.00% 0 449 0 0 0 0 N/A 0 0 0 0 0 0 N/A 0 0 0 0 3,200 3,200 N/A 1,000 0 1,000 0 1,000 0 0.00% 0 0 0 0 0 0 N/A Total Supplies & Maintenance 2,500 2,587 3,100 142 6,200 3,100 100.00% Total Professional Services 2017 Preliminary Budget & Tax Levy 93,500 116,315 121,000 46,164 161,000 40,000 33.06% Attachment 1- Page 17 9/12/16 Memo - Expenditure Information Professional Services 304 Engineering -Consulting 2,500 104 2,500 0 12,500 10,000 400.00% 307 Legal -Consulting 16,000 23,886 16,000 11,393 16,000 0 0.00% 310 Inspection Services 72,000 89,226 100,000 32,887 100,000 0 0.00% 319 Professional Services 3,000 3,100 2,500 1,885 32,500 30,000 1200.00% Total Professional Services 2017 Preliminary Budget & Tax Levy 93,500 116,315 121,000 46,164 161,000 40,000 33.06% Attachment 1- Page 17 9/12/16 Memo - Expenditure Information City of Orono 2017 Line Item Budget Building & Zoning cont. 42400 2017 Preliminary Budget & Tax Levy Attachment 1- Page 18 9/12/16 Memo - Expenditure Information Dollar 2015 2015 2016 Y -T -D 2017 Increase Increase Budget Actual Budget Jun 30, 2016 Draft Budget Decrease Decrease Other Expenses 331 Travel Expenses 1,500 402 1,500 92 1,500 0 0.00% 340 General Advertising 0 0 0 0 0 0 N/A 415 Other Equipment Rentals 0 0 0 0 0 0 N/A 433 Memberships 500 1,330 750 710 800 50 6.67% 437 Training & Development 21000 1,386 2,000 1,046 2,000 0 0.00% 439 Meeting Expenses 250 881 750 32 9,450 8,700 1160.00% 441 Licenses & Taxes 150 0 150 32 100 (50) -33.33% Total Other Expenses 4,400 4,000 5,150 1,911 13,850 8,700 168.93% Building & Zoning Total 686,500 670,933 707,050 314,358 762,470 55,420 7.84% 2017 Preliminary Budget & Tax Levy Attachment 1- Page 18 9/12/16 Memo - Expenditure Information Professional Services 303 Engineering -Retainer 304 Engineering -Consulting Total Professional Services Engineering Total City of Orono 2017 Line Item Budget Engineering 43170 2017 Preliminary Budget & Tax Levy Attachment 1- Page 19 9/12/16 Memo - Expenditure Information Dollar % 2015 2015 2016 Y -T -D 2017 Increase Increase Budget Actual Budget Jun 30, 2016 Draft Budget Decrease (Decrease) 0 0 0 0 0 0 N/A 25,000 17,080 20,000 4,413 20,000 0 0.00% 25,000 17,080 20,000 4,413 20,000 0 0.00% 25,000 17,080 20,000 4,413 20,000 0 0.00% 2017 Preliminary Budget & Tax Levy Attachment 1- Page 19 9/12/16 Memo - Expenditure Information Total Personal Services 304,310 290,179 289,550 125,057 331,500 41,950 14.49% Supplies & Maintenance 208 Books & Periodicals 212 Motor Fuels & Lubricants 221 Equipment Parts & Accessories 222 Vehicle Equipment & Parts 224 Street Maint. Materials/Supply 226 Clothing & personal equipment 240 Small Tools and Minor Equip 402 Repairs/Maint-Auto Equip 403 Repairs/Maint-Misc. Equip 404 Repairs/Maint-Bldgs/Grounds 408 Contracted Street Maint. 0 169 170 City of Orono 170 0 0.00% 45,600 14,504 45,600 5,124 2017 Line Item Budget (5,600) -12.28% 16,000 16,882 16,000 6,590 16,000 Public Works Department 0.00% 8,000 5,286 8,000 1,571 8,000 0 43000 65,800 47,419 40,980 18,849 44,525 3,545 8.65% 3,500 4,109 3,500 Dollar % 0 0.00% 2015 2015 2016 Y -T -D 2017 Increase Increase 0.00% 5,000 Budget Actual Budget Jun 30, 2016 Draft Budget Decrease Decrease 5,000 Personal Services 3,000 3,640 3,000 0 0.00% 0 101 Full -Time Employees Regular 207,220 200,530 187,680 88,731 215,250 27,570 14.69% 102 Full -Time Employees Overtime 11,000 6,008 11,000 2,650 11,000 0 0.00% 121 PERA 16,370 15,135 14,900 6,172 16,970 2,070 13.89% 122 FICA 16,690 15,143 15,200 6,086 17,310 2,110 13.88% 135 City Benefit Contribution 39,300 39,633 48,090 15,078 52,170 4,080 8.48% 142 Unemployment Benefit Payments 0 0 0 0 0 0 N/A 151 Worker's Comp Insurance Prem 13,730 13,730 12,680 6,340 18,800 6,120 48.26% Total Personal Services 304,310 290,179 289,550 125,057 331,500 41,950 14.49% Supplies & Maintenance 208 Books & Periodicals 212 Motor Fuels & Lubricants 221 Equipment Parts & Accessories 222 Vehicle Equipment & Parts 224 Street Maint. Materials/Supply 226 Clothing & personal equipment 240 Small Tools and Minor Equip 402 Repairs/Maint-Auto Equip 403 Repairs/Maint-Misc. Equip 404 Repairs/Maint-Bldgs/Grounds 408 Contracted Street Maint. 0 169 170 169 170 0 0.00% 45,600 14,504 45,600 5,124 40,000 (5,600) -12.28% 16,000 16,882 16,000 6,590 16,000 0 0.00% 8,000 5,286 8,000 1,571 8,000 0 0.00% 65,800 47,419 40,980 18,849 44,525 3,545 8.65% 3,500 4,109 3,500 1,311 3,500 0 0.00% 850 1,377 1,000 923 1,000 0 0.00% 5,000 11,185 7,000 5,540 10,000 3,000 42.86% 5,000 5,855 3,000 3,640 3,000 0 0.00% 0 1,982 0 7,252 0 0 N/A 69,700 63,927 47,810 903 7,500 (40,310) -84.31% Total Supplies & Maintenance 219,450 172,695 173,060 51,873 133,695 (39,365) -22.75% Professional Services 304 PW Engineering -Consulting 319 Professional Services Total Professional Services 0 641 0 0 0 0 N/A 0 0 0 0 0 0 N/A 0 641 2017 Preliminary Budget & Tax Levy Attachment 1- Page 20 0 0 0 0 N/A 9/12/16 Memo - Expenditure Information Total Other Expenses Public Works Total Other Expenses 331 Travel Expenses 381 Gas & Electric 386 Street Lighting 415 Other Equipment Rentals 433 Memberships 437 Training & Development 441 Licenses & Taxes 489 Other Miscellaneous Charges Total Other Expenses Public Works Total 30,680 City of Orono 31,220 12,394 34,630 3,410 10.92% 2017 Line Item Budget Public Works Department cont. 43000 554,440 496,239 493,830 189,323 499,825 5,995 1.21% Dollar % 2015 2015 2016 Y -T -D 2017 Increase Increase Budget Actual Budget Jun 30, 2016 Draft Budget Decrease (Decrease) 0 352 0 0 0 0 N/A 4,880 3,027 4,880 1,274 4,880 0 0.00% 21,690 24,612 21,690 10,389 25,000 3,310 15.26% 960 254 960 83 960 0 0.00% 430 284 430 0 0 (430) -100.00% 21500 3,498 3,000 406 3,500 500 16.67% 220 50 220 236 250 30 13.64% 0 647 40 7 40 0 0.00% 30,680 32,724 31,220 12,394 34,630 3,410 10.92% 554,440 496,239 493,830 189,323 499,825 5,995 1.21% 2017 Preliminary Budget & Tax Levy Attachment 1- Page 21 9/12/16 Memo - Expenditure Information City of Orono 2017 Line Item Budget Parks 45200 Dollar % 2015 2015 2016 Y -T -D 2017 Increase Increase Budget Actual Budget Jun 30, 2016 Draft Budget Decrease (Decrease) Total Supplies & Maintenance 54,000 57,453 64,000 21,674 71,379 7,379 11.53% Professional Services 319 Professional Services Total Professional Services 11,000 9,645 1,000 495 1,140 140 14.00% 11,000 9,645 1,000 495 1,140 140 14.00% 2017 Preliminary Budget & Tax Levy Attachment 1- Page 22 9/12/16 Memo - Expenditure Information Personal Services 101 Full -Time Employees Regular 18,600 21,368 20,070 9,857 20,270 200 1.00% 102 Full -Time Employees Overtime 0 0 0 160 0 0 N/A 103 Part -Time Employees 0 0 0 3,788 0 0 N/A 104 Temporary Employees Regular 10,000 8,713 10,000 0 10,000 0 0.00% 121 PERA 1,390 1,420 1,510 735 1,520 10 0.66% 122 FICA 1,420 1,589 2,300 769 2,320 20 0.87% 135 City Benefit Contribution 31900 2,701 3,600 1,010 3,600 0 0.00% 151 Worker's Comp Insurance Prem 740 740 1,490 745 1,890 400 26.85% Total Personal Services 36,050 36,530 38,970 17,063 39,600 630 1.62% Supplies & Maintenance 212 Motor Fuels & Lubricants 0 0 0 19 0 0 N/A 221 Equipment Parts & Accessories 500 1,629 500 589 0 (500) -100.00% 223 Bldg/Grounds Maint. Supplies 1,500 3,163 1,500 4,187 7,600 6,100 406.67% 225 Misc Park Supplies 10,000 6,573 10,000 354 10,000 0 0.00% 403 Repairs/Maint-Misc. Equip 0 0 0 147 0 0 N/A 404 Repairs/Maint-Bldgs/Grounds 42,000 46,088 52,000 16,379 53,779 1,779 3.42% Total Supplies & Maintenance 54,000 57,453 64,000 21,674 71,379 7,379 11.53% Professional Services 319 Professional Services Total Professional Services 11,000 9,645 1,000 495 1,140 140 14.00% 11,000 9,645 1,000 495 1,140 140 14.00% 2017 Preliminary Budget & Tax Levy Attachment 1- Page 22 9/12/16 Memo - Expenditure Information City of Orono 2017 Line Item Budget Parks cont. 45200 2017 Preliminary Budget & Tax Levy Attachment 1- Page 23 9/12/16 Memo - Expenditure Information Dollar 2015 2015 2016 Y -T -D 2017 Increase Increase Budget Actual Budget Jun 30, 2016 Draft Budget Decrease Decrease Other Expenses 331 Travel Expenses 0 0 0 0 0 0 N/A 381 Gas & Electric 550 416 550 164 550 0 0.00% 415 Other Equipment Rentals 3,200 4,750 3,300 1,087 3,500 200 6.06% 439 Meeting Expenses 0 0 0 0 0 0 N/A 441 Licenses & Taxes 300 580 300 0 300 0 0.00% 489 Other Miscellaneous Charges 0 0 0 0 0 0 N/A 490 Contributions to Civic Org's 0 0 0 0 0 0 N/A Total Other Expenses 4,050 5,746 4,150 1,251 4,350 200 4.82% Parks Total 105,100 109,375 108,120 40,484 116,469 8,349 7.72% 2017 Preliminary Budget & Tax Levy Attachment 1- Page 23 9/12/16 Memo - Expenditure Information Personal Services 101 Full -Time Employees Regular 103 Part -Time Employees 104 Temporary Employees Regular 121 PERA 122 FICA 135 City Benefit Contribution 142 Unemployment Benefit Payments 143 OPEB Expense 151 Worker's Comp Insurance Prem Total Personal Services Suoolies & Maintenance 201 Office supplies 212 Motor Fuels & Lubricants 221 Equipment Parts & Accessories 223 Bldg/Grounds Maint. Supplies 226 Clothing & personal equipment 240 Small Tools and Minor Equip 401 Repairs/Maint-Office Equip 402 Repairs/Maint-Auto Equip 403 Repairs/Maint-Misc. Equip 404 Repairs/Maint-Bldgs/Grounds City of Orono 2017 Line Item Budget Golf Course 45210 2015 2015 2016 Budget Actual Budget Dollar % Y -T -D 2017 Increase Increase Jun 30, 2016 Draft Budget Decrease (Decrease) 32,910 31,809 32,690 14,747 32,450 (240) -0.73% 35,660 41,073 37,160 20,167 53,340 16,180 43.54% 0 960 0 395 0 0 N/A 3,640 0 3,640 0 0 (3,640) -100.00% 4,000 3,042 6,660 1,427 6,560 (100) -1.50% 0 0 0 0 0 0 N/A 0 0 0 0 0 0 N/A 0 0 0 0 0 0 N/A 1,330 1,330 1,790 895 1,620 (170) -9.50% 77,540 78,214 81,940 37,632 93,970 12,030 14.68% 300 416 300 166 300 0 0.00% 3,500 2,745 5,000 1,291 5,000 0 0.00% 11500 659 1,500 1,761 1,500 0 0.00% 3,500 6,044 4,500 3,961 4,500 0 0.00% 125 0 180 152 180 0 0.00% 100 195 0 5 500 500 N/A 0 53 0 0 0 0 N/A 400 267 0 185 250 250 N/A 21500 2,170 2,500 3,764 2,500 0 0.00% 15,000 16,458 12,000 9,070 12,000 0 0.00% Total Supplies & Maintenance 26,925 29,006 25,980 20,355 26,730 750 2.89% 2017 Preliminary Budget & Tax Levy Attachment 1- Page 24 9/12/16 Memo - Expenditure Information Total Insurances 12,830 13,393 12,270 6,748 14,020 1,750 14.26% Other Expenses 312 Bank Fees 319 Professional Services 321 Telephone 331 Travel Expenses 340 General Advertising 352 Printing & Publishing 381 Gas & Electric 415 Other Equipment Rentals 433 Memberships 437 Training & Development 440 Special Equipment Replacement 441 Licenses & Taxes 489 Other Miscellaneous Charges 1,000 4,365 1,000 City of Orono 4,000 3,000 300.00% 0 500 0 0 2017 Line Item Budget 0 N/A 2,000 2,952 2,200 1,216 2,500 Golf Course cont. 13.64% 0 0 0 0 0 0 45210 1,000 1,519 1,000 500 1,750 750 75.00% 0 0 0 Dollar % 0 N/A 2015 2015 2016 Y -T -D 2017 Increase Increase 2.41% 9,500 Budget Actual Budget Jun 30, 2016 Draft Budget Decrease Decrease 250 Insurances 250 270 300 50 20.00% 150 361 General Liability Ins 7,500 7,500 7,500 3,750 8,000 500 6.67% 362 Umbrella Liability Ins 11500 1,500 1,500 750 1,500 0 0.00% 365 Boiler & Machinery Ins 300 300 300 150 350 50 16.67% 366 Property Insurance 2,300 2,300 2,300 1,150 2,650 350 15.22% 367 Equipment Floaters Ins 300 300 300 150 350 50 16.67% 368 Automotive Insurance 370 370 370 185 370 0 0.00% 369 Dram Shop Insurance 560 1,123 0 613 800 800 N/A Total Insurances 12,830 13,393 12,270 6,748 14,020 1,750 14.26% Other Expenses 312 Bank Fees 319 Professional Services 321 Telephone 331 Travel Expenses 340 General Advertising 352 Printing & Publishing 381 Gas & Electric 415 Other Equipment Rentals 433 Memberships 437 Training & Development 440 Special Equipment Replacement 441 Licenses & Taxes 489 Other Miscellaneous Charges 1,000 4,365 1,000 1,326 4,000 3,000 300.00% 0 500 0 0 0 0 N/A 2,000 2,952 2,200 1,216 2,500 300 13.64% 0 0 0 0 0 0 N/A 1,000 1,519 1,000 500 1,750 750 75.00% 0 0 0 370 0 0 N/A 8,300 8,025 8,300 2,848 8,500 200 2.41% 9,500 7,529 9,500 133 9,500 0 0.00% 250 150 250 270 300 50 20.00% 150 19 150 0 150 0 0.00% 0 0 0 0 0 0 N/A 500 675 550 319 550 0 0.00% 0 0 0 119 0 0 N/A Total Other Expenses 22,700 25,733 22,950 7,100 27,250 4,300 18.74% 2017 Preliminary Budget & Tax Levy Attachment 1- Page 25 9/12/16 Memo - Expenditure Information City of Orono 2017 Line Item Budget Golf Course cont. 45210 2017 Preliminary Budget & Tax Levy Attachment 1- Page 26 9/12/16 Memo - Expenditure Information Dollar 2015 2015 2016 Y -T -D 2017 Increase Increase Budget Actual Budget Jun 30, 2016 Draft Budget Decrease Decrease Purchases for Resale 090 PURCHASES FOR RESALE 0 (696) 0 0 0 0 N/A 091 Beer For Resale 2,000 4,440 3,000 1,880 3,000 0 0.00% 092 Soft Drinks For Resale 3,000 3,355 4,000 2,352 3,200 (800) -20.00% 093 Concessions For Resale-Txbl 1,500 0 1,500 0 1,500 0 0.00% 094 Concessions For Resale-NonTax 0 2,821 1,000 1,367 1,000 0 0.00% 095 Pro Shop Items For Resale 1,500 3,187 0 153 2,000 2,000 N/A 099 Other For Resale 0 0 0 0 0 0 N/A Total Purchases for Resale 81000 13,107 9,500 5,751 10,700 1,200 12.63% Golf Course Total 147,995 159,454 152,640 77,586 172,670 20,030 13.12% 2017 Preliminary Budget & Tax Levy Attachment 1- Page 26 9/12/16 Memo - Expenditure Information City of Orono 2017 Line Item Budget Special Services -Consulting & Police 43280 2015 2015 2016 Budget Actual Budget Dollar Y -T -D 2017 Increase Increase Jun 30, 2016 Draft Budget Decrease (Decrease) Special Services -Consulting & Police Total 69,930 103,456 95,750 31,209 95,750 0 0.00% 2017 Preliminary Budget & Tax Levy Attachment 1- Page 27 9/12/16 Memo - Expenditure Information Personal Services 102 Full -Time Employees Overtime 30,000 29,115 35,000 7,712 35,000 0 0.00% 121 PERA 4,500 3,989 5,250 840 5,250 0 0.00% 122 FICA 430 376 500 102 500 0 0.00% 135 City Benefit Contribution 0 4 0 3 0 0 N/A Total Personal Services 34,930 33,485 40,750 8,658 40,750 0 0.00% Professional Services 304 Engineering -Consulting 25,000 48,859 43,000 18,921 45,000 2,000 4.65% 307 Legal -Consulting 10,000 21,112 12,000 3,630 10,000 (2,000) -16.67% 319 Professional Services 0 0 0 0 0 0 N/A 800 Special Projects, Contingency 0 0 0 0 0 0 N/A Total Professional Services 35,000 69,971 55,000 22,551 55,000 0 0.00% Special Services -Consulting & Police Total 69,930 103,456 95,750 31,209 95,750 0 0.00% 2017 Preliminary Budget & Tax Levy Attachment 1- Page 27 9/12/16 Memo - Expenditure Information City of Orono 2017 Line Item Budget Special Projects -Contingencies 43290 Dollar % 2015 2015 2016 Y -T -D 2017 Increase Increase Budget Actual Budget Jun 30, 2016 Draft Budget Decrease (Decrease) Personal Services 101 Full -Time Employees Regular 0 0 0 0 0 0 N/A Total Personal Services 0 0 0 0 0 0 N/A Professional Services 304 Engineering -Consulting 0 0 0 0 0 0 N/A 319 Professional Services 0 0 0 0 0 0 N/A Total Professional Services 0 0 0 0 0 0 N/A Other Expenses 489 Other Miscellaneous Charges 0 0 0 0 0 0 N/A Total Other Expenses 0 0 0 0 0 0 N/A Capital & Transfers 510 Land 0 0 0 0 0 0 N/A 720 Operating Transfers 390,000 679,000 365,000 0 375,000 10,000 2.74% Total Capital & Transfers 390,000 679,000 365,000 0 375,000 10,000 2.74% Contingency Items 800 Special Projects, Contingency 40,000 24,500 40,000 1,356 100,000 60,000 150.00% Total Contingency Items 40,000 24,500 40,000 1,356 100,000 60,000 150.00% Special Projects -Contingencies Total 17.28% 430,000 703,500 405,000 1,356 475,000 70,000 GENERAL FUND TOTAL 3.62% 7,579,870 7,565,334 7,708,570 3,182,255 7,987,864 279,294 2017 Preliminary Budget & Tax Levy on MEMORANDUM TO: CITY COUNCIL FROM: ADAM T. EDWARDS, PE SUBJECT: STREET FUNDING DATE: JULY 25, 2016 References: City of Orono Pavement Management Plan, adopted October 27, 2014. City of Orono 2016 Capital Investment Plan (CIP) City of Orono 2016 Budget 1. Issue. The City's street rebuilding and maintenance requirements exceed current resourcing. 2. Background. For some time the City of Orono has struggled as to how to come up with annual funds to maintain its road/street infrastructure. The 2016 Budget does include $88,800 for pavement maintenance which is sufficient for potholing, signs and winter maintenance. However The Pavement Management Fund (PMF) has $183,000 dedicated funding from the levy for preventative maintenance and reconstruction which is significantly below the amount required to properly maintain the city's streets. In the past, the City has funded street reconstruction projects through the sale of bonds and has applied general fund surpluses towards street maintenance projects. This has resulted in the disproportionally large number of streets in disrepair requiring reactive maintenance and the inability for the Staff to plan for and execute a proactive maintenance plan to protect and extend the life of these valuable assets. a. Pavement Planning. In October 2014 the City adopted a Pavement Management Plan (PMP) which does provide prioritization of road maintenance as well as a description of funding sources. The PMP is used to inform the City's Capital Improvement Plan (CIP) which does provide specific priorities specific roads to receive maintenance or reconstruction out to 5 years and identifies a funding requirement in general categories out to 20 years. Ideally the CIP would then inform the annual budget cycle. b. Staffing and Action to Date. Fall of The City Council directed Staff to develop options for funding annual street 2013 reconstruction and maintenance. Staff conducted a study to include querying surrounding communities about how they provide funding for annual street maintenance and reconstruction. March Staff presented funding options to the City Council. Council requested staff to analyze 2014 funding options against several scenarios. May 2014 Scenarios (Assessments, Franchise fees, Bonding, Levy Increases) were presented. The Council directed Staff to bring back more information on franchise fees and to present an option for road maintenance in the 2015 General Fund Budget. August Council directed staff to add $30K to the roads maintenance budget for 2015 2014 October Council adopted the Pavement Management Plan (PMP) 2014 April Council reviewed the funding options for road maintenance/reconstruction with the 2015 consensus being against Assessments or Franchise Fees. 2017 Preliminary Budget & Tax Levy Attachment 1- Page 2 9/12/16 Memo - Street Information May 2015 Council of directed Staff to provide a by year maintenance and reconstruction plan for the Levy next five years. June 2015 Council reviewed a sample five year plan and the impacts to the Levy to fund the plan. Work Council provided guidance to create a funding source for Pavement Management Fund Increase with a dedicated Levy of $183,000. December Council deferred decision on road maintenance projects for 2016. Setting April of 2016 2015 as the date to review road planning and funding. April Council selected roads for Mill and Overlay but moved road funding discussion to the 2016 May work session May 2015 Council directed funding discussion to be held concurrently with 2017 budgeting Impact discussions. 2. Street Funding. Distributing the pavement maintenance and reconstruction requirement per the City's Pavement Management Plan over a 10 year period, results in a funding requirement of $550,000/ yr for Maintenance and $500,000/yr for Reconstruction for a total of $1,050,000/yr. The $183,000 dedicated to the Pavement management fund for 2016 represents 17% of the requirement leaving a funding deficit of $867,000/yr. Based on current projections the City could dedicate another $200,000 the Pavement Management levy for a total of $383,000 without raising the tax rate. This represent 36% of the requirement leaving a deficit of $667,000. The first table below shows the impact of these costs on the Levy. The second table depict Levy impacts if the City were to adopt franchise fees as a funding source for remaining maintenance requirements. a. Tax Levy Impacts of Fully Funding Street Maintenance & Reconstruction Requirements Type of Street Annual Levy Tax Rate Tax Tax Tax Tax Work Cost Increase Increase Impact Impact on Impact Impact Fee ($) (%) (Percentage on $546K on $1M on $2M (%) (Percentage Impact Points) $250K Home Home Home Home (Median) on $546K Maintenance $167,000 3.37% 0.54 $ 13 $ 27 $ 61 $ 128 Reconstruct $500,000 10.09% 1.62 $ 39 $ 81 $ 182 $ 385 Total $667,000 13.46% 2.16 $ 52 $ 108 $ 243 $ 513 b. Tax Levy and Franchise Fee Impacts of Funding Street Maintenance & Reconstruction Requirements. This assumes a franchise fee of $2/month on Natural Gas and $2.25/month on Electrical Bills. Type of Street Annual Levy Tax Rate Tax and Tax and Tax and Tax and Work Cost Increase Increase Fee Fee Fee Fee ($) (%) (Percentage Impact Impact on Impact Impact Points) on $546K on $1M on $2M $250K Home Home Home Home (Median) Maintenance via Franchise Fee $167,000 0 0 $ 51 $ 51 $ 51 $ 51 Reconstruct $500,000 10.09% 1.62 $ 39 $ 81 $ 182 $ 385 Total $667,376 10.09% 1.62 $ 90 $142 $ 233 $ 436 3. Impacts. Fully funding the both preventive maintenance and reconstruction as in tables above allows the city to realize it Pavement Management Plan. 4. Road Budgeting for 2017. The table below depict preliminary budgeting numbers for 2017 based on the 2016 CIP, projected Pavement fund balances. The third Column depicts the fund balance with an assumed Pavement Levy increase of $200,000. The forth column depicts the fund balance assuming a 2017 road levy of 1,050,000. More detailed estimates will be provided in the 2017 Public Works Plan 2017 Preliminary Budget & Tax Levy Attachment 1- Page 3 9/12/16 Memo - Street Information which will take into account results from the ongoing feasibility study. Based on current projections requirements will once again exceed resources unless additional funding sources are identified. Item Estimate Pavement Fund Balance (Partially Funded) Pavement Fund Balance (Fully Funded) Balance from 2016 $ 332,896 $ 332,896 $ 332,896 2017 Levy (assumes addition of $200,000 in 2017) $ 383,000 $ 715,896 2017 Levy (assumes 1,050,000 in 2017) $1,050,000 $ 1,382,896 Contracted Street Maintenance (Patching, Tree Trimming, Striping and Crack Sealing) $ 47,000 $ 668,896 $ 1,335,896 Fox Street (Old Crystal Bay to Willow) $ 674,559 $ (5,663) $ 661,337 Feasibility Study for 2018 Reconstructs $ 24,000 $ (29,663) $ 637,337 Dickenson Mill and Overlay $ 57,048 $ (86,711) $ 580,289 Northern Avenue Mill and Overlay $ 63,564 $ (150,275) $ 516,725 Chevy Chase Mill and Overlay $ 175,532 $ (325,807) $ 341,193 2017 Sealcoating $ 263,164 $ (588,971) $ 78,029 Casco Circle Mill and Overlay deferred from 2016) $ 120,435 $ (709,406) $ (42,406) 2016 Seal Coating (deferred from 2016) $ 178,556 $ (887,962) $ (220,962) West Lafayette Reconstruction (deferred from 2014, 2015 & 2016) $ 143,117 $ (1,031,079) $ (364,079) a. MSA Streets Proposed for Reconstruction in 2017. Project Estimated Cost Fox Street (Willow -Brown) $ 645,195 Request: Direction on how to provide reliable funding for the City's streets as part of the 2017 and beyond budget processes. 2017 Preliminary Budget & Tax Levy Attachment 1- Page 4 9/12/16 Memo - Street Information City of Orono, MN $1,000,000 G.O. Bonds, Series 2016 Assumes Current Market "AAA" Rates plus 25 bps Street improvements - 10 Years Sources & Uses Dated 12/01/2016 1 Delivered 12/01/2016 Sources Of Funds Par Amount of Bonds $1,000,000.00 Total Sources $1,000,000.00 Uses Of Funds Total Underwriter's Discount (1.200%) 12,000.00 Costs of Issuance 30,500.00 Rounding Amount 957,500.00 Total Uses $1,000,000.00 Orono - Road Projects 10 I SINGLE PURPOSE 1 8/15/2016 1 6:59 PM E H L E FSS Page LEASERS IN PUBLIC FINANCE 2017 Preliminary Budget & Tax Levy Attachment 1- Page 1 9/12/16 Memo - Bonding Information City of Orono, MN $1,000,000 G.O. Bonds, Series 2016 Assumes Current Market "AAA" Rates plus 25 bps Street improvements - 10 Years Debt Service Schedule Date Principal Coupon Interest Total P+I 02/01/2017 - - - - 02/01/2018 95,000.00 0.800% 16,062.08 111,062.08 02/01/2019 95,000.00 0.950% 13,007.50 108,007.50 02/01/2020 95,000.00 1.100% 12,105.00 107,105.00 02/01/2021 100,000.00 1.250% 11,060.00 111,060.00 02/01/2022 100,000.00 1.350% 9,810.00 109,810.00 02/01/2023 100,000.00 1.450% 8,460.00 108,460.00 02/01/2024 100,000.00 1.550% 7,010.00 107,010.00 02/01/2025 105,000.00 1.650% 5,460.00 110,460.00 02/01/2026 105,000.00 1.750% 3,727.50 108,727.50 02/01/2027 105,000.00 1.800% 1,890.00 106,890.00 Total $1,000,000.00 - $88,592.08 $1,088,592.08 Yield Statistics Bond Year Dollars $5,771.67 Average Life 5.772 Years Average Coupon 1.5349480% Net Interest Cost (NIC) 1.7428602% True Interest Cost (TIC) 1.7514986% Bond Yield for Arbitrage Purposes 1.5300596% All Inclusive Cost (AIC) 2.3312732% IRS Form 8038 Net Interest Cost 1.5349480% Weighted Average Maturity 5.772 Years Orono - Road Projects 10 1 SINGLE PURPOSE 1 8/15/2016 1 6:59 PIA 19 EHLERS LEADER In PUBLIC FINANCE Page 2 2017 Preliminary budget & Tax Levy Attachment 1- Page 2 9/12/16 Memo - Bonding Information City of Orono, MN $2,800,000 G.O. Refunding Bonds, Dated: December 1, 2016 Proposed Crossover Refunding of 2008A G.O. Street Reconstruction Bonds Assuming Current G.O. BQ "Aaa" Market Rates Sources & Uses Dated 12/01/2016 1 Delivered 12/01/2016 Sources Of Funds Par Amount of Bonds $2,800,000.00 Total Sources $2,800,000.00 Uses Of Funds Total Underwriter's Discount (1.200%) 33,600.00 Costs of Issuance 40,000.00 Deposit to Current Refunding Fund 2,725,000.00 Rounding Amount 1,400.00 Total Uses $2,800,000.00 Proposed XR 2008A GO Stre I SINGLE PURPOSE 1 8/15/2016 1 11:58 AM Iirrtin� �y Attachment 1- Page 3 9/12/16 Memo - Bonding Information LEAD RSI F'UULIC FINANCE City of Orono, MN $2,800,000 G.O. Refunding Bonds, Dated: December 1, 2016 Proposed Crossover Refunding of 2008A G.O. Street Reconstruction Bonds Assuming Current G.O. BQ "Aaa" Market Rates Debt Service Schedule Date Principal Coupon Interest Total P+I Fiscal Total 12/01/2016 - - 08/01/2017 - - 17,808.33 17,808.33 - 02/01/2018 245,000.00 0.650% 13,356.25 258,356.25 276,164.58 08/01/2018 - 0.750%- 12,560.00 12,560.00 - 02/01/2019 495,000.00 12,560.00 507,560.00 520,120.00 08/01/2019 - - 10,703.75 10,703.75 - 02/01/2020 505,000.00 0.850% 10,703.75 515,703.75 526,407.50 08/01/2020 - - 8,557.50 8,557.50 - 02/01/2021 515,000.00 1.000% 8,557.50 523,557.50 532,115.00 08/01/2021 - - 5,982.50 5,982.50 - 02/01/2022 515,000.00 1.100% 5,982.50 520,982.50 526,965.00 08/01/2022 - - 3,150.00 3,150.00 - 02/01/2023 525,000.00 1.200% 3,150.00 528,150.00 531,300.00 Total $2,800,000.00 - $113,072.08 $2,913,072.08 - Yield Statistics Bond Year Dollars $11,001.67 Average Life 3.929 Years Average Coupon 1.0277723% Net Interest Cost (NIC) 1.3331805% True Interest Cost (TIC) 1.3419622% Bond Yield for Arbitrage Purposes 1.0264686% All Inclusive Cost (AIC) 1.7241432% IRS Form 8038 Net Interest Cost Weighted 1.0277723% Average Maturity 3.929 Years EHLERS eli 'roposed XR 2008A GO Stre I SINGLE PURPOSE 1 8/15/2016 1 11:58 AM Attachment 1- Page 4 9/12/16 Memo - Bonding Information City of Orono, MN $2,800,000 G.O. Refunding Bonds, Dated: December 1, 2016 Proposed Crossover Refunding of 2008A G.O. Street Reconstruction Bonds Assuming Current G.O. BQ "Aaa" Market Rates Debt Service Comparison Date Total P+I Net New D/S Old Net D/S Savings 02/01/2017 - (1,400.00) - 1,400.00 02/01/2018 276,164.58 276,164.58 310,727.50 34,562.92 02/01/2019 520,120.00 520,120.00 553,272.50 33,152.50 02/01/2020 526,407.50 526,407.50 561,597.50 35,190.00 02/01/2021 532,115.00 532,115.00 563,895.00 31,780.00 02/01/2022 526,965.00 526,965.00 560,210.00 33,245.00 02/01/2023 531,300.00 531,300.00 565,710.00 34,410.00 Total $2,913,072.08 $2,911,672.08 $3,115,412.50 $203,740.42 PV Analysis Summary (Net to Net) Gross PV Debt Service Savings ..................... 195,614.02 Net PV Cashflow Savings @ 1.026%(Bond Yield)..... 195,614.02 Contingency or Rounding Amount .................... 1,400.00 Net Present Value Benefit $197,014.02 Net PV Benefit / $2,995,614.02 PV Refunded Debt Service 6.577% Net PV Benefit / $2,725,000 Refunded Principal... 7.230% Net PV Benefit / $2,800,000 Refunding Principal.. 7.036% Refunding Bond Information Refunding Dated Date 12/01/2016 Refunding Delivery Date 12/01/2016 Proposed XR 2008A GO Sar I SINGLE PURPOSE 1 8/15/2016 1 11:58 AM 1% EHLERS eli'NMOHIWI pliff4dvy Attachment 1- Page 5 9/12/16 Memo - Bonding Information City of Orono, MN $4,500,000 General Obligation Street Reconstruction Bonds, Series 2008A Debt Service To Maturity And To Call Base date for Avg. Life & Avg. Coupon Calculation 12/01/2016 Average Life 4.011 Years Average Coupon 3.7258140% Weighted Average Maturity (Par Basis) Weighted 4.011 Years Average Maturity (Original Price Basis) 4.011 Years Refunding Bond Information Refunding Dated Date 12/01/2016 Refunding Delivery Date 12/01/2016 2008A GO St Recon Bonds I SINGLE PURPOSE 1 8/15/2016 1 11:58 AM EHLERS eliUARRWWtVavy Attachment 1- Page 6 9/12/16 Memo - Bonding Information Refunded Refunded Date Bonds D/S To Call Principal Coupon Interest D/S 12/01/2016 02/01/2017 2,725,000.00 2,725,000.00 - - 08/01/2017 - - 50,363.75 50,363.75 02/01/2018 210,000.00 3.550% 50,363.75 260,363.75 08/01/2018 - - 46,636.25 46,636.25 02/01/2019 460,000.00 3.625% 46,636.25 506,636.25 08/01/2019 - - 38,298.75 38,298.75 02/01/2020 485,000.00 3.650% 38,298.75 523,298.75 08/01/2020 - - 29,447.50 29,447.50 02/01/2021 505,000.00 3.700% 29,447.50 534,447.50 08/01/2021 - - - 20,105.00 20,105.00 02/01/2022 520,000.00 3.750% 20,105.00 540,105.00 08/01/2022 - - 10,355.00 10,355.00 02/01/2023 545,000.00 3.800% 10,355.00 555,355.00 Total $2,725,000.00 $2,725,000.00 $2,725,000.00 - $390,412.50 $3,115,412.50 Yield Statistics Base date for Avg. Life & Avg. Coupon Calculation 12/01/2016 Average Life 4.011 Years Average Coupon 3.7258140% Weighted Average Maturity (Par Basis) Weighted 4.011 Years Average Maturity (Original Price Basis) 4.011 Years Refunding Bond Information Refunding Dated Date 12/01/2016 Refunding Delivery Date 12/01/2016 2008A GO St Recon Bonds I SINGLE PURPOSE 1 8/15/2016 1 11:58 AM EHLERS eliUARRWWtVavy Attachment 1- Page 6 9/12/16 Memo - Bonding Information General Fund and Tax Levy Statistics General Debt Fund Undesignated Year Total Budget Fund Balance 2005 $ 5,132,950 52.14% 2006 $ 5,544,740 46.72% 2007 $ 5,584,240 52.94% 2008 $ 6,034,650 53.36% 2009 $ 6,163,850 56.00% 2010 $ 5,928,210 54.60% 2011 $ 5,785,630 64.00% 2012 $ 5,785,630 60.00% 2013 $ 7,348,630 50.00% 2014 $ 7,333,630 58.00% 2015 $ 7,579,870 55.85% 2016 $ 7,708,570 $ General Fund and Tax Levy Statistics 2017 Preliminary Budget & Tax Levy Attachment 1- Page 44 9/12/16 Memo General Debt Total Surplus Fund GF Levy Service PMP Total Levy (Deficit) * Levy Increase Levy Levy Levy Increase Tax Rate $ 107,590 $ 2,990,470 - $ 471,200 $ - $ 3,461,670 - 16.25 $ 154,305 $ 3,282,710 9.77% $ 520,442 $ - $ 3,803,152 9.86% 15.31 $ 613,954 $ 3,365,520 2.52% $ 717,710 $ - $ 4,083,230 7.36% 14.26 $ 15,841 $ 3,705,790 10.11% $ 685,370 $ - $ 4,391,160 7.54% 13.58 $ 82,796 $ 3,857,431 4.09% $ 707,256 $ - $ 4,564,687 3.95% 13.18 $ (46,649) $ 3,889,710 0.84% $ 776,170 $ - $ 4,665,880 2.22% 13.68 $ 249,598 $ 3,932,260 1.09% $ 769,500 $ - $ 4,701,760 0.77% 14.99 $ (340,480) $ 3,932,260 0.00% $ 769,500 $ - $ 4,701,760 0.00% 16.28 $ 185,731 $ 3,946,260 0.36% $ 755,500 $ - $ 4,701,760 0.00% 17.67 $ 540,942 $ 3,946,260 0.00% $ 755,500 $ - $ 4,701,760 0.00% 17.39 $ 661,025 $ 4,016,500 1.78% $ 755,500 $ - $ 4,772,000 1.49% 17.39 $ 4,016,500 0.00% $ 755,500 $ 183,000 $ 4,955,000 3.83% 17.33 2017 Preliminary Budget & Tax Levy Attachment 1- Page 44 9/12/16 Memo City of Orono Tax Capacity, Local Levy, & Tax Capacity Rates 17.325% Tax Capacity Rate 2017 Preliminary Budget & Tax Levy Attachment 1- Page 45 9/12/16 Memo 2017 Over/ Under 2016 Actual Estimated TAX CAPACITY 2016 2017 Amount Percent Net Tax Capacity (To calculate rate) $28,597,714 $30,902,466 $2,304,752 8.06% LOCAL LEVY Total levy all funds $4,954,480 $5,353,730 $399,250 8.06% TAX CAPACITY RATES Tax Levy General Revenue 14.045% 13.582% -0.463 4,197,244 Pavement Management Fund 0.640% 1.299% 0.659 401,506 GO Improvement 2008 0.672% 0.622% -0.050 192,150 GO Improvement 2010 0.458% 0.424% -0.034 131,050 GO Improvement 2014 1.510% 1.397% -0.113 431,780 Potential Additional Levy 0.000% 0.000% 0.000 0 Total Local Tax Capacity Rate 17.325% 17.325% 0.000 55 35 2017 Preliminary Budget & Tax Levy Attachment 1- Page 45 9/12/16 Memo Debt Issue 2016 2017 2018 2019 2020 2021 2022 2023 2008 Street Reconstruction Bonds 125,000 100,000 100,000 100,000 100,000 100,000 100,000 100,000 Tax levy 192,150 192,840 450,530 456,975 457,275 456,780 460,675 101,000 Transfer - Water 55,000 55,000 55,000 55,000 55,000 55,000 55,000 483,000 Transfer - Sewer 110,000 110,000 110,000 110,000 110,000 110,000 110,000 759,530 Total Levy Required 357,150 357,840 615,530 621,975 622,275 621,780 625,675 416,530 Total Transfers 393,000 367,000 367,000 367,000 367,000 2010 MSA, PMP, Refunding 367,000 201,000 Total MSA 140,938 142,863 139,713 141,488 143,113 Tax Levy 131,050 133,460 130,470 132,725 134,825 131,520 133,325 134,530 MSA Funds 140,938 142,863 139,713 141,488 143,113 139,663 141,063 142,000 271,988 276,323 270,183 274,213 277,938 271,183 274,388 276,530 2014 Garage, Water, Refunding Tax Levy 431,780 428,700 174,000 165,300 162,900 166,700 161,000 282,000 Transfers - Contract Revenue 125,000 100,000 100,000 100,000 100,000 100,000 100,000 100,000 Transfers - Water Fund 103,000 102,000 102,000 102,000 102,000 102,000 102,000 101,000 659,780 630,700 376,000 367,300 364,900 368,700 363,000 483,000 Current Debt Service Sources 1,288,918 1,264,863 1,261,713 1,263,488 1,265,113 1,261,663 1,263,063 759,530 Total Levy Required 754,980 755,000 755,000 755,000 755,000 755,000 755,000 416,530 Total Transfers 393,000 367,000 367,000 367,000 367,000 367,000 367,000 201,000 Total MSA 140,938 142,863 139,713 141,488 143,113 139,663 141,063 142,000 Total 1,288,918 1,264,863 1,261,713 1,263,488 1,265,113 1,261,663 1,263,063 759,530 2017 Preliminary Budget & Tax Levy Attachment 1- Page 46 9/12/16 Memo Debt Issue 2024 2025 2026 2027 2028 2029 2008 Street Reconstruction Bonds Tax levy Transfer - Water Transfer - Sewer 2010 MSA, PMP, Refunding Tax Levy 130,000 130,725 MSA Funds 137,469 137,688 26,985 267,469 268,413 26,985 2014 Garage, Water, Refunding Tax Levy 277,000 277,000 278,857 278,000 278,002 Transfers - Contract Revenue Transfers - Water Fund 101,000 101,000 101,000 101,000 101,000 101,000 378,000 378,000 379,857 379,000 379,002 101,000 Current Debt Service Sources 645,469 646,413 406,842 379,000 379,002 101,000 Total Levy Required 407,000 407,725 278,857 278,000 278,002 - Total Transfers 101,000 101,000 101,000 101,000 101,000 101,000 Total MSA 137,469 137,688 26,985 - - - Total 645,469 646,413 406,842 379,000 379,002 101,000 2017 Preliminary Budget & Tax Levy Attachment 1- Page 47 9/12/16 Memo Included in Budget Description Impact Navarre Area Plan y This is a $30,000 new budget item $10,000 added for Mapping Comp Plan y $ 9,450 added for Meetings This increased the budget by $20,000 The budget includes an additional $218,506 Road Funding Partial in tax levy for roads. A fully funded road plan Would require additional funding source requires an additionl $650,000. Tax, Franchise Fees, Bonding Intererest rate are historically low. The Refund 2008 Bonds N City can save money by refunding the bonds. Average Interest Savings of $29,100 The City would contract with NO to clean Navare Community Initiative Funding N parks as a way to support the organization Would Increase Budget $5,000 As part of the draft golf course plan the Golf Course Plan N advertising budget would be increased. Would Increase Budget $2,000 2017 Preliminary Budget & Tax Levy Attachment 1- Page 48 9/12/16 Memo City of Orono Wage - COLA History Year Union Non -Union Lump Sum Social Security CPI PCEPI 2016 2.75% 2.75% 0.00% 1.00% 6/30/2016 2015 2.50% 1.50% 1.00% 1.70% 1.41% 2014 2.00% 0.00% 1.50% 1.50% 0.80% 0.70% 2013 1.00% 1.00% 1.70% 1.50% 1.30% 2012(7/1) 1.00% 1.00% 3.60% 1.70% 1.60% 2011 1.00% 1.00% 0.00% 3.00% 2.50% 2010 1.00% 1.00% 0.00% 1.50% 1.30% Cumulative 11.25% 8.25% 0.00% 8.50% 10.91% 7.40% Average 1.61% 1.18% 1.42% 1.52% 1.48% 2010-2015 2017 Preliminary Budget & Tax Levy Attachment 1- Page 49 9/12/16 Memo Ron Olson From: Kevin McCann <kmccann@northmankato.com> Sent: Tuesday, August 16, 2016 8:58 AM To: Finance - Treasurers Subject: RE: [finance] 2017 COLA Thanks to everyone who helped with the survey. Below are the results that I put together. Kevin *For employees still on step Average 2.50% 2.51% system Median 2,50% 2.50% **waiting for clarification 2017 Preliminary Budget & Tax Levy Attachment 1- Page 50 9/12/16 Memo Proposed 2017 COLA Step Increase* Non - City Population Location Union Union Avg. increase Steps Notes 6 Morris 5,333 W. Cen. MN 3.00% 3.00%1 3.00% steps based ona10 year CPI Stewartville 6,045 SE MN 1.74% 1.74% ** ** average 8 St. Joseph 6,656 Central MN 2.75% 2.75% 4.50% steps 4 Shorewood 7,533 West Metro 2.50% 2.50% 5.00% steps Orono 7,796 West Metro In prog. 2.00% ** ** 9 Arden Hills 9,704 Metro 2.75% 2.50% 2.96% steps 5 Fairmont 10,434 S. Cen. MN 2.00% 2.00% 5.00% steps St. Peter 11,439 S. Cen. MN 3.00% 3.00% Varies by Dept. Varies East Bethel 11,607 North Metro 2.00% 2.00% ** ** 6 Cloquet 12,050 NE MN 2.50% 2.50% 3.50% Steps Monticello 12,965 Central MN 2.00% 2.00% ** ** 6 Marshall 13,483 SW MN 2.50% 2.50% 5.00% steps North Mankato 13,684 S. Cen. MN N/A 3.00% N/A N/A 4.5 Ham Lake 15,733 North Metro N/A 3.00% 5.50% steps 7 St, Michael 16,921 NW Metro N/A 2.50% 3.00% steps 6 Cottage Grove 35,399 East Metro 2.75% 2.75% 3.50% steps Mankato 40,641 S. Cen. MN 3.00% 3.00% ** ** *For employees still on step Average 2.50% 2.51% system Median 2,50% 2.50% **waiting for clarification 2017 Preliminary Budget & Tax Levy Attachment 1- Page 50 9/12/16 Memo City of Orono, MN $2,800,000 G.O. Refunding Bonds, Dated: December 1, 2016 Proposed Crossover Refunding of 2008A G.O. Street Reconstruction Bonds Assuming Current G.O. BQ "Aaa" Market Rates Sources & Uses Dated 12/01/2016 1 Delivered 12/01/2016 Sources Of Funds Par Amount of Bonds $2,800,000.00 Total Sources $2,800,000.00 Uses Of Funds Total Underwriter's Discount (1.200%) 33,600.00 Costs of Issuance 40,000.00 Deposit to Current Refunding Fund 2,725,000.00 Rounding Amount 1,400.00 Total Uses $2,800,000.00 Proposed XR 2008A GO Stre I SINGLE PURPOSE 1 8/15/2016 1 11:58 AM lirrti-- H �y Attachment 1- Page 62 9/12/16 Memo LEAD RSI MMIC FINANCE City of Orono, MN $2,800,000 G.O. Refunding Bonds, Dated: December 1, 2016 Proposed Crossover Refunding of 2008A G.O. Street Reconstruction Bonds Assuming Current G.O. BQ "Aaa" Market Rates Debt Service Schedule Date Principal Coupon Interest Total P+I Fiscal Total 12/01/2016 1.3331805% True Interest Cost (TIC) - Bond Yield for Arbitrage Purposes - - 1.7241432% IRS Form 8038 08/01/2017 Net Interest Cost Weighted - - 17,808.33 17,808.33 - 02/01/2018 245,000.00 0.650% 13,356.25 258,356.25 276,164.58 08/01/2018 - - 12,560.00 12,560.00 - 02/01/2019 495,000.00 0.750% 12,560.00 507,560.00 520,120.00 08/01/2019 - - 10,703.75 10,703.75 - 02/01/2020 505,000.00 0.850% 10,703.75 515,703.75 526,407.50 08/01/2020 - - 8,557.50 8,557.50 - 02/01/2021 515,000.00 1.000% 8,557.50 523,557.50 532,115.00 08/01/2021 - - 5,982.50 5,982.50 - 02/01/2022 515,000.00 1.100% 5,982.50 520,982.50 526,965.00 08/01/2022 - - 3,150.00 3,150.00 - 02/01/2023 525,000.00 1.200% 3,150.00 528,150.00 531,300.00 Total $2,800,000.00 - $113,072.08 $2,913,072.08 - Yield Statistics Bond Year Dollars $11,001.67 Average Life 3.929 Years Average Coupon 1.0277723% Net Interest Cost (NIC) 1.3331805% True Interest Cost (TIC) 1.3419622% Bond Yield for Arbitrage Purposes 1.0264686% All Inclusive Cost (AIC) 1.7241432% IRS Form 8038 Net Interest Cost Weighted 1.0277723% Average Maturity 3.929 Years Proposed XR 2008A GO Stre I SINGLE PURPOSE 1 8/15/2016 1 11:58 AM 10 EHLERS eli y Attachment 1- Page 63 9/12/16 Memo City of Orono, MN $2,800,000 G.O. Refunding Bonds, Dated: December 1, 2016 Proposed Crossover Refunding of 2008A G.O. Street Reconstruction Bonds Assuming Current G.O. BQ "Aaa" Market Rates Debt Service Comparison Date Total P+I Net New D/S Old Net D/S Savings 02/01/2017 - (1,400.00) - 1,400.00 02/01/2018 276,164.58 276,164.58 310,727.50 34,562.92 02/01/2019 520,120.00 520,120.00 553,272.50 33,152.50 02/01/2020 526,407.50 526,407.50 561,597.50 35,190.00 02/01/2021 532,115.00 532,115.00 563,895.00 31,780.00 02/01/2022 526,965.00 526,965.00 560,210.00 33,245.00 02/01/2023 531,300.00 531,300.00 565,710.00 34,410.00 Total $2,913,072.08 $2,911,672.08 $3,115,412.50 $203,740.42 PV Analysis Summary (Net to Net) Gross PV Debt Service Savings ..................... 195,614.02 Net PV Cashflow Savings @ 1.026%(Bond Yield)..... 195,614.02 Contingency or Rounding Amount .................... 1,400.00 Net Present Value Benefit $197,014.02 Net PV Benefit / $2,995,614.02 PV Refunded Debt Service 6.577% Net PV Benefit / $2,725,000 Refunded Principal... 7.230% Net PV Benefit / $2,800,000 Refunding Principal.. 7.036% Refunding Bond Information Refunding Dated Date 12/01/2016 Refunding Delivery Date 12/01/2016 EHLERS I eli 'A I ),rYProposedxR2008AGAttachment 1- Page 64 9/12/16 Memo Stre I SINGLE PURPOSE 1 8/15/2016 1 11:58 AM City of Orono, MN $4,500,000 General Obligation Street Reconstruction Bonds, Series 2008A Debt Service To Maturity And To Call Refunded Refunded Date Bonds D/S To Call Principal Coupon Interest D/S 12/01/2016 02/01/2017 2,725,000.00 2,725,000.00 - - 08/01/2017 - - 50,363.75 50,363.75 02/01/2018 210,000.00 3.550% 50,363.75 260,363.75 08/01/2018 - - - 46,636.25 46,636.25 02/01/2019 - 460,000.00 3.625% 46,636.25 506,636.25 08/01/2019 - - 38,298.75 38,298.75 02/01/2020 485,000.00 3.650% 38,298.75 523,298.75 08/01/2020 - - 29,447.50 29,447.50 02/01/2021 505,000.00 3.700% 29,447.50 534,447.50 08/01/2021 - - 20,105.00 20,105.00 02/01/2022 520,000.00 3.750% 20,105.00 540,105.00 08/01/2022 - - 10,355.00 10,355.00 02/01/2023 545,000.00 3.800% 10,355.00 555,355.00 Total $2,725,000.00 $2,725,000.00 $2,725,000.00 - $390,412.50 $3,115,412.50 Yield Statistics Base date for Avg. Life & Avg. Coupon Calculation 12/01/2016 Average Life 4.011 Years Average Coupon 3.7258140% Weighted Average Maturity (Par Basis) Weighted 4.011 Years Average Maturity (Original Price Basis) 4.011 Years Refunding Bond Information Refunding Dated Date 12/01/2016 Refunding Delivery Date 12/01/2016 2008A GO St Recon Bonds I SINGLE PURPOSE 1 8/15/2016 1 11:58 AM 4EHLERS e1i n PlffaWAttachment 1- Page 65 9/12/16 Memo 2016 Pavement Management Bonds Timeline * • September 12— Motion to Call for a Public Hearing • September 24 — Notice of Public Hearing Published • October 10 — Public Hearing • Week of October 24 — Preliminary Official Statement Drafted • Week of October 31— Rating Call • November 9 — Reverse Referendum Period Ends • November 14 — Council Awards Bid and Passes Final Bond Resolution • Mid December —Closing 2016 Refunding issue would be incorporated to this schedule. 2017 Preliminary Budget & Tax Levy Attachment 1- Page 66 9/12/16 Memo City of Orono, MN $1,000,000 G.O. Bonds, Series 2016 Assumes Current Market "AAA" Rates plus 25 bps Street improvements - 10 Years Sources & Uses Dated 12/01/2016 1 Delivered 12/01/2016 Sources Of Funds Par Amount of Bonds $1,000,000.00 Total Sources $1,000,000.00 Uses Of Funds Total Underwriter's Discount (1.200%) 12,000.00 Costs of Issuance 30,500.00 Rounding Amount 957,500.00 Total Uses $1,000,000.00 Orono - Road Projects 10 I SINGLE PURPOSE 1 8/15/2016 1 6:59 PM E H L E FSS Page LEASERS IN PUBLIC FINANCE 2017 Preliminary Budget & Tax Levy Attachment 1- Page 67 9/12/16 Memo City of Orono, MN $1,000,000 G.O. Bonds, Series 2016 Assumes Current Market "AAA" Rates plus 25 bps Street improvements - 10 Years Debt Service Schedule Date Principal Coupon Interest Total P+I 02/01/2017 - - - - 02/01/2018 95,000.00 0.800% 16,062.08 111,062.08 02/01/2019 95,000.00 0.950% 13,007.50 108,007.50 02/01/2020 95,000.00 1.100% 12,105.00 107,105.00 02/01/2021 100,000.00 1.250% 11,060.00 111,060.00 02/01/2022 100,000.00 1.350% 9,810.00 109,810.00 02/01/2023 100,000.00 1.450% 8,460.00 108,460.00 02/01/2024 100,000.00 1.550% 7,010.00 107,010.00 02/01/2025 105,000.00 1.650% 5,460.00 110,460.00 02/01/2026 105,000.00 1.750% 3,727.50 108,727.50 02/01/2027 105,000.00 1.800% 1,890.00 106,890.00 Total $1,000,000.00 - $88,592.08 $1,088,592.08 Yield Statistics Bond Year Dollars $5,771.67 Average Life 5.772 Years Average Coupon 1.5349480% Net Interest Cost (NIC) 1.7428602% True Interest Cost (TIC) 1.7514986% Bond Yield for Arbitrage Purposes 1.5300596% All Inclusive Cost (AIC) 2.3312732% IRS Form 8038 Net Interest Cost 1.5349480% Weighted Average Maturity 5.772 Years Orono - Road Projects 10 1 SINGLE PURPOSE 1 8/15/2016 1 6:59 PIA 19 EHLERS LEADER In PUBLIC FINANCE 2017 Preliminary budget & Tax Levy Attachment 1- Page 68 9/12/16 Memo City of Orono, MN $1,500,000 G.O. Bonds, Series 2016 Assumes Current Market "AAA" Rates plus 25 bps Street improvements - 10 Years Sources & Uses Dated 12/01/2016 1 Delivered 12/01/2016 Sources Of Funds Par Amount of Bonds $1,500,000.00 Total Sources $1,500,000.00 Uses Of Funds Total Underwriter's Discount (1.200%) 18,000.00 Costs of Issuance 34,000.00 Rounding Amount 1,448,000.00 Total Uses $1,500,000.00 Orono - Road Projects 10 1 SINGLE PURPOSE 1 8/29/2016 1 10:42 AM 0 firm Attachment Attachment 1- Page 69 9/12/16 Memo LEA6 R51 PUBLIC FINf11V.E City of Orono, MN $1,500,000 G.O. Bonds, Series 2016 Assumes Current Market "AAA" Rates plus 25 bps Street improvements - 10 Years Debt Service Schedule Date Principal Coupon Interest Total P+I 02/01/2017 - - - - 02/01 /2018 140,000.00 0.800% 24,100.42 164,100.42 02/01/2019 145,000.00 0.950% 19,537.50 164,537.50 02/01/2020 145,000.00 1.100% 18,160.00 163,160.00 02/01/2021 145,000.00 1.250% 16,565.00 161,565.00 02/01/2022 150,000.00 1.350% 14,752.50 164,752.50 02/01/2023 150,000.00 1.450% 12,727.50 162,727.50 02/01/2024 155,000.00 1.550% 10,552.50 165,552.50 02/01/2025 155,000.00 1.650% 8,150.00 163,150.00 02/01/2026 155,000.00 1.750% 5,592.50 160,592.50 02/01/2027 160,000.00 1.800% 2,880.00 162,880.00 Total $1,500,000.00 - $133,017.92 $1,633,017.92 Yield Statistics Bond Year Dollars $8,665.00 Average Life 5.777 Years Average Coupon 1.5351174% Net Interest Cost (NIC) 1.7428496% True Interest Cost (TIC) 1.7514804% Bond Yield for Arbitrage Purposes 1.5302266% All Inclusive Cost (AIC) 2.1795975% IRS Form 8038 Net Interest Cost 1.5351174% Weighted Average Maturity 5.777 Years Orono - Road Projects 10 1 SINGLE PURPOSE 1 8/29/2016 1 10:42 AM Sma EHLERS elinSB tLq--?vy Attachment 1- Page 70 590,®M/16 Memo TAX CAPACITY Net Tax Capacity (To calculate rate) LOCAL LEVY Total levy all funds TAX CAPACITY RATES City of Orono Tax Capacity, Local Levy, & Tax Capacity Rates No PMP Increase with 2016 Bond Sale Actual 2016 $28,597,714 $4,954,480 Estimated 2017 $30,902,466 $5,211,723 2017 Over/ Under 2016 Amount $2,304,752 $257,243 General Revenue 14.045% 13.582% -0.463 Pavement Management Fund 0.640% 0.592% -0.048 GO Improvement 2008 0.672% 0.510% -0.162 GO Improvement 2010 0.458% 0.424% -0.034 GO Improvement 2014 1.510% 1.397% -0.113 Potential 2016 Bonds 0.000% 0.359% 0.359 Total Local Tax Capacity Rate 17.325% 16.865% -0.460 Percent 8.06% 5.19% Tax Levy 4,197,244 183,000 157,587 131,050 431,780 111,062 55 211 2017 Preliminary Budget & Tax Levy Attachment 1- Page 71 9/12/16 Memo Page 1 A RESOLUTION TO ADOPT THE PRELIMINARY 2017 GENERAL FUND BUDGET BE IT RESOLVED, by the City Council of the City of Orono, County of Hennepin, Minnesota that the preliminary 2017 General Fund budget is determined to be as follows: ESTIMATED REVENUES Taxes - General $4,197,240 Licenses and Permits 469,650 Intergovernmental 227,220 Charges for Services 2,778,850 Fines and Forfeits 80,500 Interest Income 50,500 Recreation Fees 150,000 Miscellaneous 33,900 TOTAL 7 987 860 APPROPRIATED EXPENDITURES General Government $1,270,430 Public Safety 5,133,720 Street Maintenance 499,820 Parks and Recreation 289,140 Engineering - Unallocated 20,000 Reimbursable Expenditures 95,750 Special Projects and Contingency 100,000 Capital Outlay 204,000 Transfers to Other Funds 375,000 TOTAL 7 987 860 Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held September 26, 2016. ATTEST: Diane Tiegs, City Clerk P Lili Tod McMillan, Mayor A RESOLUTION ADOPTING THE PRELIMINARY 2016 TAX LEVY COLLECTIBLE IN 2017 BE IT RESOLVED, by the City Council of the City of Orono, County of Hennepin, Minnesota, that the following sums be levied for the current year, collectible in 2015 upon the taxable property in the City of Orono, for the following purposes: General Fund - Operating $4,197,240 Pavement Management Levy 401,500 G.O Improvement Bond 2008 192,830 G.O. Improvement Bond 2010 133,460 G.O. Improvement Bond 2014 428,700 TOTAL ALL LEVIES 5353 730 The City Clerk is hereby instructed to transmit a certified copy of this resolution to the County Auditor of Hennepin County, Minnesota. Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held September 26, 2016. ATTEST: Diane Tiegs, City Clerk Lili Tod McMillan, Mayor Page 1 MEMORANDUM TO: CITY COUNCIL FROM: ADAM T. EDWARDS, PE SUBJECT: STREET FUNDING DATE: SEPTEMBER 22, 2016 (REVISED FROM JULY 25, 2016 MEMO) References: City of Orono Pavement Management Plan, adopted October 27, 2014. City of Orono 2016 Capital Investment Plan (CIP) City of Orono 2016 Budget 1. Issue. The City's street rebuilding and maintenance requirements exceed current resourcing. 2. Background. For some time the City of Orono has struggled as to how to come up with annual funds to maintain its road/street infrastructure. The 2016 Budget does include $88,800 for pavement maintenance which is sufficient for potholing, signs and winter maintenance. However The Pavement Management Fund (PMF) has $183,000 dedicated funding from the levy for preventative maintenance and reconstruction which is significantly below the amount required to properly maintain the city's streets. In the past, the City has funded street reconstruction projects through the sale of bonds and has applied general fund surpluses towards street maintenance projects. This has resulted in the disproportionally large number of streets in disrepair requiring reactive maintenance and the inability for the Staff to plan for and execute a proactive maintenance plan to protect and extend the life of these valuable assets. a. Pavement Planning. In October 2014 the City adopted a Pavement Management Plan (PMP) which does provide prioritization of road maintenance as well as a description of funding sources. The PMP is used to inform the City's Capital Improvement Plan (CIP) which does provide specific priorities specific roads to receive maintenance or reconstruction out to 5 years and identifies a funding requirement in general categories out to 20 years. Ideally the CIP would then inform the annual budget cycle. b. Staffing and Action to Date. Fall of The City Council directed Staff to develop options for funding annual street 2013 reconstruction and maintenance. Staff conducted a study to include querying surrounding communities about how they provide funding for annual street maintenance and reconstruction. March Staff presented funding options to the City Council. Council requested staff to analyze 2014 funding options against several scenarios. May 2014 Scenarios (Assessments, Franchise fees, Bonding, Levy Increases) were presented. The Council directed Staff to bring back more information on franchise fees and to present an option for road maintenance in the 2015 General Fund Budget. August Council directed staff to add $30K to the roads maintenance budget for 2015 2014 October Council adopted the Pavement Management Plan (PMP) 2014 April Council reviewed the funding options for road maintenance/reconstruction with the 2015 consensus being against Assessments or Franchise Fees. May 2015 Council of directed Staff to provide a by year maintenance and reconstruction plan for the Levy next five years. June 2015 Council reviewed a sample five year plan and the impacts to the Levy to fund the plan. Tax Council provided guidance to create a funding source for Pavement Management Fund Work with a dedicated Levy of $183,000. December Council deferred decision on road maintenance projects for 2016. Setting April of 2016 2015 as the date to review road planning and funding. April Council selected roads for Mill and Overlay but moved road funding discussion to the 2016 May work session May 2015 Council directed funding discussion to be held concurrently with 2017 budgeting on discussions. 2. Street Funding. Distributing the pavement maintenance and reconstruction requirement per the City's Pavement Management Plan over a 10 year period, results in a funding requirement of $550,000/ yr for Maintenance and $500,000/yr for Reconstruction for a total of $1,050,000/yr. The $183,000 dedicated to the Pavement management fund for 2016 represents 17% of the requirement leaving a funding deficit of $867,000/yr. Based on current projections the City could dedicate another $218,000 the Pavement Management levy for a total of $401,000 without raising the tax rate. This represent 38% of the requirement leaving a deficit of $649,000. The table below shows the impact of these costs on the Levy. The second table depict Levy impacts if the City were to fully fund the Street Maintenance and Reconstruction. a. Tax Levy Impacts of Funding Street Maintenance & Reconstruction Requirements. (Total Annual PMF Revenue = $401,000) Type of Street Annual Levy Tax Rate Tax Tax Tax Tax Work Cost Increase Increase Impact Impact on Impact Impact ($) (%) (Percentage on $546K on $1M on $2M Points) $250K Home Home Home Home (Median) Maintenance $218,000 4.4% .71 $17 $40 $80 $168 Reconstruct $0 10.09% 1.62 $ 39 $ 81 $ 182 $ 385 Total $218,000 4.4% .71 $17 $40 $80 $168 b. Tax Levy and Franchise Fee Impacts of Fully Funding Street Maintenance & Reconstruction Requirements. (Total Annual PMF Revenue = $1,050,000) Type of Street Annual Levy Tax Rate Tax Tax Tax Tax Work Cost Increase Increase Impact Impact on Impact Impact ($) (%) (Percentage on $546K on $1M on $2M Points) $250K Home Home Home Home (Median) Maintenance $167,000 3.37% 0.54 $ 13 $ 27 $ 61 $ 128 Reconstruct $500,000 10.09% 1.62 $ 39 $ 81 $ 182 $ 385 Total $667,000 13.46% 2.16 $ 52 $108 $ 243 $ 513 3. Road Budgeting for 2017. The tables below depict preliminary/ potential budgeting numbers for 2017 based on projected Pavement fund balances. The first table shows what would be possible with Pavement Levies that partially fund the PMF. The third Column depicts the fund balance without a Pavement Levy increase of. The fourth column depicts the fund balance assuming a 2017 road levy of $218,OOOlevy increase of $218,000 for a total levy of $401,000. The second table shows what would be possible with a fully funded Levy for the PMF. More detailed estimates will be provided in the 2017 Public Works Plan which will take into account Council budgeting direction. 2 a. 2017 Road funding with partiall funded PMF. Levy = $183,000 Levy = $401,000 Estimated Cost Pavement Fund Balance Pavement Fund Balance Estimated PMF balance from 2016 $ 332,896 $ 332,896 Starting PMF Balance 2017 $ 1,382,896 $ 515,896 $ 733,896 Contracted Street Maintenance (Patching, Tree trimming, Striping and Crack Sealing) $ 47,000 $ 468,896 $ 686,896 Forest Arms Lane Reconstruct $ 271,373 $ 197,523 $ 415,523 Northern Ave M&O $ 63,564 $ 133,959 $ 351,959 Minnetonka Ave M&O $ 33,156 $ 100,803 $ 318,803 Minnetonka Highlands M&O $ 64,361 $ 36,442 $ 254,442 2017 Sealcoating $ 108,122 $ 71,680 $ 146,320 West Lafayette Reconstruction (deferred from 2014, 2015 & 2016) $ 143,117 $ 214,797 $ 3,203 Feasibility Study for 2018 reconstructs $ 24,000 $ (238,797) $ (20,797) Casco Circle Mill and Overlay (deferred from 2016) $ 120,435 $ (359,232) $ (141,232) 2016 Seal Coating $ 178,556 $ 537,788 $ 319,788 b. 2017 Road funding with fully funded PMF. Estimated Cost Fox Street (Willow -Brown) Levy = 1,050,000 Estimated Cost Pavement Fund Balance Estimated PMF balance from 2016 $ 332,896 Starting PMF Balance 2017 $ 1,382,896 Contracted Street Maintenance (Patching, Tree trimming, Striping and Crack Sealing) $ 47,000 $ 1,335,896 Fox Street (OCB to Willow) $ 735,413 $ 600,483 Northern Ave M&O $ 63,564 $ 536,919 Minnetonka Ave M&O $ 33,156 $ 503,763 Minnetonka Highlands M&O $ 64,361 $ 439,402 2017 Sealcoating $ 108,122 $ 331,280 West Lafayette Reconstruction (deferred from 2014, 2015 & 2016) $ 143,117 $ 188,163 Feasibility Study for 2018 reconstructs $ 24,000 $ 164,163 Casco Circle Mill and Overlay deferred from 2016 $ 120,435 $ 43,728 2016 Seal Coating $ 178,556 $ (134,828) c. MSA Streets Proposed for Reconstruction in 2017. Project Estimated Cost Fox Street (Willow -Brown) $ 643,545 REQUEST FOR COUNCIL ACTION DATE: September 20, 2016 ITEM NO: 5 Department Approval: Administrator Reviewed: Agenda Section: Name Adam Edwards ATE Y"-4 Public Works Director/ Title Public Works Director/City Engineer City Engineer's Report Item Description: Ferndale Road West Drainage Study List of Exhibits A- Email Petition B- Map of Area C- BMI Proposal 1. Purpose. Gain Council's decision on whether to pursue a drainage study to determine the feasibility of lowering a culvert in the vicinity of Ferndale Road W. 2. Background. Residents of Ferndale Road West and Shoreline Drive have reported concerns of high water in the wetlands on their properties. Since the original concerns were brought forward, Public Works has cleared all of the existing draining structure and replaced the culvert that crosses West Ferndale Road. The most recent request (Exhibit A) is related to the final culvert in the drainage system. This culvert controls the water level in the adjacent holding pond and the upstream wetlands. While it is unlikely that we would be allowed by the Corps of Engineers or Watershed to lower the culvert; we may be allowed to upsize the culvert which could impact the high water level. 3. Considerations. a. Changing the elevation or capacity of this culvert would require multi agency approvals. b. The water level difference on each end of the culvert was 2.25" when measured on August 24`h, 2016. c. The culvert is in good condition and appears to be functioning as designed. 4. Cost. The cost of the study is not to exceed $7000. Should the study show it to be appropriate and permitting agencies authorize the upsizing of the culvert, the cost for replacing the culvert would be $5000410,000. 5. Funding. The study/project could be funded from the Storm Water Fund. 6. Recommendation. I recommend that the City undertake the drainage study but with the understanding that it may show that benefits for alteration to the culvert do not outweigh the costs. The study itself will have value in that the City will gain a better understanding of the subject drainage area. COUNCIL ACTION REQUESTED: Decision on whether or not to proceed with the Ferndale Drainage Study. From: Jay Jackley [mailto:jayj@compasscap.com] Sent: Friday, September 02, 2016 5:17 PM To: Adam Edwards<aedwards@ci.orono.mn.us>;'Robert Bean' <bobbe@bolton-menk.com> Cc: Melanie Curtis <MCurtis@ci.orono.mn.us>; 'James Wyman' <wyman james84@gmai1.com> Subject: RE: Culvert Into Ferndale Marsh Adam and Robert, Thank you for meeting with Jim and I in regards to the Ferndale Marsh culvert. I would like to proceed with doing a study on the water flow/water level between the holding pond and the Ferndale marsh between the old road. The neighborhood property owners would like to see if a water study could be done by the city. The water that is now flowing onto our properties into the culvert under County road 15 has risen to the point of flooding the pond and is expanding onto our properties, saturating the land with water. The culvert in question needs to be lowered so that the excess water can properly flow into the Ferndale marsh which the existing culvert was built to do. Since the culvert is above the water level in the holding pond due to the age of the culvert and also water settlement the water is not flowing away properly. If you could bring is to the attention of the city whereby a study could be done to analysis this. Thank you again for all of your help in solving this issue. Sincerely, Jay and Mary Jackley Jim and Kathy Wyman Lisa Dayton Jay M. Jackley, CIMA, CFM Senior Portfolio Manager Compass Capital Management, Inc. Baker Building, Suite 400 706 Second Avenue South Minneapolis, MN 55402 Direct bine (612) 767-4202 Toll Free (877) 338-5221 Fax (612) 339-I304 Email jayj@compasscap.com Website www.compasscap.com This email transmission and any documents accompanying it may contain confidential information from Compass Capital Management, Inc. N � a � L 94- a o r -L .n o 10 cu tn m Q o a- x x LU > V BOLTON i 1.f 8c M E N K Real People. Real Solutions, September 21, 2016 City of Orono Attn: Adam Edwards PO Box 66 Orono, VIN 55323 RE: Proposal for Ferndale Marsh Drainage Study Dear Adam: 2638 Shadow Lane Suite 200 Chaska, Mfg 55318-1172 Ph: (952)448-8838 Fax: (9521448-8805 Bolton-Menk.com As requested, we have prepared a scope of services and fee estimate to develop potential drainage improvement options for the Ferndale marsh area. Scope of Work Task i — Assess current Stormwater Management System • Perform site investigation of existing Stormwater Management System (i.e. pipes, ditches, ponds, and wetlands) within study area. • Review City's Surface Water Management Plan and applicable record street and utility plans. • Review LIDAR topographic mapping to determine drainage patterns in the general area. Delineate watersheds and define watershed characteristics for the existing stormwater management system within study area. Characteristics shall include impervious surface percentage, time of concentrations, areas, and soil types. Define conveyance and basin characteristics for the existing stormwater management system within study area. Conveyance characteristics shall include type, geometry, invert elevations, slope, and roughness. Basin characteristics shall include normal water level, flood volume, and outlet control design. • Generate an Existing Drainage Area Map for the study area. • Generate hydraulic model of existing conditions to determine peak flow rates, runoff volumes, and high water levels. Task 2 — Develop potential drainage improvement options • From information generated in Task 1, develop a minimum of three potentially feasible drainage improvement options. • Generate a Proposed Drainage Area Map for the study area depicting potential drainage improvement options. • Generate hydraulic model of potential drainage improvements to determine effects on peak flow rates, runoff volumes, and high water levels. • Prepare a letter report discussing advantages and disadvantages of potential improvements, including engineer's estimates of probable costs. • Coordinate and meet with City as necessary to review and discuss current conditions and potential improvements. H:\0RN0\C131=1227\Ferndale Marsh Praposal.docx Boiton & Menk is an P. .-.mi nppnrWni'y-mplaywr. City of Orono September 21, 2016 Page 2 Permit Requirements Lowering or upsizing the outlet culvert to lower the high water level and reduce the extents of flooding would require permitting from the Army Corps. of Engineers (ACOE) and the Minnehaha Creek Watershed District (MCWD). The application would need to demonstrate a "minimal impact" solution to a specific need with respect to all other reasonable alternatives and no increase to the flood stage downstream. The MCWD permit could be decided on in about a month, however, the ACOE permit could take 6-12 months to obtain a decision. Also, at this time, it is difficult to predict if the regulatory agencies would approve lowering or upsizing this culvert without a completed design and supporting data. Fee F.ctimnte Based on the scope of services described above, we propose a not -to -exceed fee of $7,000 to be billed on an hourly basis. Our fee estimate is based on the following assumptions: • Study area will be limited to the watershed upstream of the Ferndale marsh only. ■ No Construction Plans or permit applications will be generated as part of this proposal. 4 No surveys will be performed as part of this proposal. • Wetland delineation services will not be required. Please let me know if you have questions or need additional information. Sincerely, Bolton & Menk, Inc. David P. Martini, P.E. Principal Engineer !i:\ORNO\C13111227\Ferndale Marsh Proposal.docu Bolton `.- Kmk is an ®. ..'t opportun".y ampir:wr Date Application Received: 07/18/16 Date Application Considered as Complete: 07/28/16 120 -Day Review Period Expires: 11/25/16 REQUEST FOR COUNCIL ACTION Date: 22 September 2016 Item No. 6 Department Approval: Administrator Approval: Agenda Section: Name: Melanie Curtis i'Y1GG Y"_4 Planning Title: Planner Item Description: #16-3851, Peter Bluth, 2413 Carman Street, Variance — Resolution Application Summary: In August, the City Council approved variances allowing a second story addition over the existing non- conforming oversized accessory structure (OAS). There were a number of plan revisions between initial submittal and final plans for approval. In the revision process the toilet and sink originally proposed were inadvertently removed from the plans; staff also missed this omission. The applicants wish to install a half bath in the upper level of the detached garage. An OAS must meet a minimum of a 30 foot setback from all property lines. Plumbing may be installed within a conforming accessory building via an administrative plumbing permit. Because the required 30 -foot setbacks are not met, a variance is necessary to permit plumbing within the garage. Planning Commission Recommendation On September 19th the Planning Commission held a public hearing and reviewed the application including the evidence submitted. Following the public hearing the Commission voted 6 to 0 on a motion to approve the variance contingent upon the owners signing the covenant regarding plumbing within an accessory building. Planning Staff Recommendation Staff recommends approval. A draft approval resolution has been provided for Council's consideration which incorporates the plumbing covenants. COUNCIL ACTION REQUESTED Council should consider adopting or amending the approval resolution. List of Exhibits: Exhibit A. Survey and Plans Exhibit B. Draft Resolution Exhibit C. PC Action Notice Exhibit D. Draft PC Minutes — 09/19/16 Exhibit E. PC Staff Report — 09/13/16 Exhibit F. PC Exhibits Date Application Received: 07/18/16 Date Application Considered as Complete: 07/28/16 120 -Day Review Period Expires: 11/25/16 REQUEST FOR COUNCIL ACTION Date: 22 September 2016 Item No. 6 Department Approval: Administrator Approval: Agenda Section: Name: Melanie Curtis i'Y1GG Y"_4 Planning Title: Planner Item Description: #16-3851, Peter Bluth, 2413 Carman Street, Variance — Resolution Application Summary: In August, the City Council approved variances allowing a second story addition over the existing non- conforming oversized accessory structure (OAS). There were a number of plan revisions between initial submittal and final plans for approval. In the revision process the toilet and sink originally proposed were inadvertently removed from the plans; staff also missed this omission. The applicants wish to install a half bath in the upper level of the detached garage. An OAS must meet a minimum of a 30 foot setback from all property lines. Plumbing may be installed within a conforming accessory building via an administrative plumbing permit. Because the required 30 -foot setbacks are not met, a variance is necessary to permit plumbing within the garage. Planning Commission Recommendation On September 19th the Planning Commission held a public hearing and reviewed the application including the evidence submitted. Following the public hearing the Commission voted 6 to 0 on a motion to approve the variance contingent upon the owners signing the covenant regarding plumbing within an accessory building. Planning Staff Recommendation Staff recommends approval. A draft approval resolution has been provided for Council's consideration which incorporates the plumbing covenants. COUNCIL ACTION REQUESTED Council should consider adopting or amending the approval resolution. List of Exhibits: Exhibit A. Survey and Plans Exhibit B. Draft Resolution Exhibit C. PC Action Notice Exhibit D. Draft PC Minutes — 09/19/16 Exhibit E. PC Staff Report — 09/13/16 Exhibit F. PC Exhibits Date Application Received: 07/18/16 Date Application Considered as Complete: 07/28/16 120 -Day Review Period Expires: 11/25/16 REQUEST FOR COUNCIL ACTION Date: 22 September 2016 Item No. 6 Department Approval: Administrator Approval: Agenda Section: Name: Melanie Curtis i'Y1GG Y"_4 Planning Title: Planner Item Description: #16-3851, Peter Bluth, 2413 Carman Street, Variance — Resolution Application Summary: In August, the City Council approved variances allowing a second story addition over the existing non- conforming oversized accessory structure (OAS). There were a number of plan revisions between initial submittal and final plans for approval. In the revision process the toilet and sink originally proposed were inadvertently removed from the plans; staff also missed this omission. The applicants wish to install a half bath in the upper level of the detached garage. An OAS must meet a minimum of a 30 foot setback from all property lines. Plumbing may be installed within a conforming accessory building via an administrative plumbing permit. Because the required 30 -foot setbacks are not met, a variance is necessary to permit plumbing within the garage. Planning Commission Recommendation On September 19th the Planning Commission held a public hearing and reviewed the application including the evidence submitted. Following the public hearing the Commission voted 6 to 0 on a motion to approve the variance contingent upon the owners signing the covenant regarding plumbing within an accessory building. Planning Staff Recommendation Staff recommends approval. A draft approval resolution has been provided for Council's consideration which incorporates the plumbing covenants. COUNCIL ACTION REQUESTED Council should consider adopting or amending the approval resolution. List of Exhibits: Exhibit A. Survey and Plans Exhibit B. Draft Resolution Exhibit C. PC Action Notice Exhibit D. Draft PC Minutes — 09/19/16 Exhibit E. PC Staff Report — 09/13/16 Exhibit F. PC Exhibits - d2' e 9c�6'L�4 yY dO. i a' wEsl - jJ .---TIMBER FENCE 16 GOBI FS5.3 Ix 655.0 x 054.204 G60.0 Y1 933u i e �itila ^ `r• i 957.8 1 l .95 NJA d18Elsy T' iL 9611 E0&0 54T 951. o'' a � 9�9111.3dPo,5 l.a , 1 11 L.OT 27 FC bBu LUT' }l-osay-asa-�-mei 1 �Iu 9559 LD l75 _ + x G51& YY W xB �' �q�r tI • W6.] •955.3 i� �T 65APN \ 991.4 V l��8'5�.0 910.8 BStlA SIE&I p56,p 95 9564 L GRD OE 1 rf 96&4 %B-0 -ILEI p 9549 969.] x 'g4 G661f, `, (II 'Ili1 /1 r2 (m .9 -.F_ xm y - ________ ___ _ � p •96&9 r-1 � - x959A51 tai oc L `i� fti w� 1 4W1 . 111I vl s 961. ,.4� 1 ,g •, 9 :� m w �G r Y. I I fV f.OT 1 N i��7 mea a t' /' 2`1,3 .`,+i / r�'3 �(�if 955a .9567 1`) j '13'�TCA '� Q7' Tom ' _ •_ / WET LDT s✓ I - 9 53tl 95Y3 LOT 3 13 T F ` . 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LEGALLY RESPONSIBLE FOR DAMAGES OR LOSSES RESULTING FROM ILLEOITIMATE USE T"°yawIhe more cf the SMte aFMihit�da. D,Ledlbll dayaFJ ZOIA 5 1 I Q°vM H. PeIIbeJIeD, PLS Mimvs°� Lkme N°.40344 pardheam�®ODe.apm tkRe IURy A Ey SATHRE- ERGQUIST, INC. e TSD SOUTH BROADWAY wnYZA.'A MN. ssDeT (Bsz) aTa.B000 N q VVWW.SATHRE.COM P �'f-R8 DRAWN 2 EMW 8197!2:16 REWBED FRONT SIDEWALK. HARDCOVER EMW RNECI�q OBP BATE l ® 06-0]-56 O DESCRIPTION OF PROPERTY S E RV RYRD Lw 1, 2, mA3, Rkck2, NAVARRE, I mNina m the -.6d pl.lhuenf, He M..c.pry, ilim7pla 2) SII, Asidl-WJ CII- Sheel,Omm, Mimembs5M9L S) FI InWraraBde:Thi, pagmty app win Us mZm° R(Ams amid: the l-puoc°L ennml• flaadplaq nese of l%me�d w0.9 Deer Dmding whameuprega dmd. ata lora ft. 1 fb.L armsdf I% -.al III- mrd miII,B whore Lb. .-.b-gd W- h kr, dun I m- mik,« ms pI t S*d Nom the I%a 1cb®m flead by Inem. Na Bae Pkad Plmede n depth sin andwn within IN, mea. 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BUILDING SETBACK UNE d FLARED EMD SECTION M ELECTRIC TRANWORMEL CABLE TV N GATE VALVE m ELECTPoC MANHOLE CONCRETE CURB < GUY WIREm ELECTRIC METER O CONCRETE V HYDRANT ® GAS ME.rER �+te'J- CONTOUR OUSTING O SURVEY MONUMENT SET ® GAS VALVE CONTOUR PROPOSED w SURVEY MONUMENT FOUND GUARD RAIL - °, - DRAIN TRE SURVEY CONTROL POINT III HAND HOLE -DC- ELECTPoC UPIDERGROUMD [7 LIGHT POLE SOIL 1-0 FENCE ''O., POWER POLE TREE CONIFMW3 - FO- FIBER OPTIC Lh9DERCROLHD ® SANITARY MANHOLE C3 TREE DECIDUOUS ora GAS UNDERGROUND Q SAJNTARY CLEANOUT 0) TELEPHONE MANHOLE -a'- OVERHEAD UTILITY v SIGN M TELEPHONE PEDESTAL HHH4H+HHH{4 RAILROAD TRACKS _s GROUND ELEVATOR s® TRAFFIC SIGNAL -a- SANITARY SEWER STORW DRAIN ® VnUTY MANHOLE STORM SEWER ® STORM MANHOLE M UTIUTY PEDESTAL -T0.- TELEPHONE UNDERGROUND YARD uaN- ® wF1 mr- UTILITY UNDERGROUND I - WATERYAIN 3-SEC20 RLE NO. Draw CERTIFICATE OF SURVEY W sly 10127-001 PREPARED FOR: '� PETER BLUTH 1 - _ T• = f.= - � .[1r�r .tee - �. -. ',:1: - - � - SHORELINE DIE VE HIGHWAY EASEMENT TO N89°43'59"E 140.53 (140.00 PLAT) HENNE:PIN COUNTY PER DOC. NO. 1940782 1 957.9 957.4 956.7 955.8 954.8 9:: 4. 953.7 ! CITY SIDEWALK TNH= 1 958.4 957.3 956.9;OE954.9 953,8955.3 9S�' I RBR 959.2 957.9 i T 9'�,� 5� 9 x M957.2 x 55.8 - x x 95 I x 954 0 j W RBR ;T 961.4 m 1 '14 � I k ----TIMBER FENCE i �`. 30 �' 959.11 f 955.3 I x 954.6 x 954.2 I 954.0 953.4 xo 961.3 h 957.7 I x (A x 954.1 FND CHISELED � F, �, 957.6 1 1 n �Pa �h cr h ) 955.5 955.1 955.0 954.7 1 954.4 961.3 �irO h�h1 x 1 �' 953.8 i 953 8 Ls ' n U ch 961.1 1 �. LU1 i }Y I 1 953.9 o co J x 955.5 954.7 x 955.3 x 955.3 1 954.0'' x ! 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QO PLAT) / SELm Ib 954.0 952.6 N } N EXISTING GARAGE %! 1 w I A „{ %D A Yµ SHEET TITLE: PROJECT DESCRIP'TLON: DRAWINGS PROVIDED BY: r 3 F OYiield Drafting Services s Bluth Residence 3507 W SCth S:o d . li 2413 Garman St MEnneapolEs, MN 55410 .E Garage Main Floor ?Ian Drano, MN 55391 (952)-454^275 9RFIELD DRAFTING SERVICES o ; C j R I Q i G.a (2) 2x10 HDR 3088 1• \ 24' 3' 28' %D A Yµ SHEET TITLE: PROJECT DESCRIP'TLON: DRAWINGS PROVIDED BY: r 3 F OYiield Drafting Services s Bluth Residence 3507 W SCth S:o d . li 2413 Garman St MEnneapolEs, MN 55410 .E Garage Main Floor ?Ian Drano, MN 55391 (952)-454^275 9RFIELD DRAFTING SERVICES 1 I I I i i I � N CO O I I i � i $068 I I i N — X a I � 2x10 HDI 5 N 0 M m (2) 2x10 HDR m wSHEET TITLE: PR03ECT DESCRIPTION: DRAWINGS PROVIDED BY: m Orfield Drafting Services I. Lo_ I Bluth Residence 3567 W 56th St i I I 2413 Carman St Minneapolls, MN 55416 '-d Gara94 Second Floor Plan Orono, MN 55391 (952)-4542705 aRF2E.➢ DRAFTSN6 SERVICES •. LO r I �` g r Skf=7rrm: �PAOJECTUP—SO]MION j P11AWthU5 PRGVT.DE:lOV I CrMei6 7rditl�9 SBfW-MG o NIx�nCirpolii, MN 53410G4�I Ib QwvftWa III 413 CJrnnln 5[ 1(952),&54-7.705 1 big: VLa w�rriwd :[�'lwk �nr+a,. Mna �5]F1 ? � Sl1i�iT TITLE �GT•�`t� 7ES�P:W1y�N: G�FAV11 f+'pGS RR®VIGE3i- �''': - a dluiA V4asi�x,ea [}ffl@i: nryRlnp Ser;es�5 35�G7 4V 5O4h S�t, .__.,;,., MlnnaapoliG, MN SSdi�O ods. �12ai3 C"1�44 p4fFP�nW I.�Prone, Cannan S� MM1'3M391 {'��}�54-'rliF�S 4�riL40 4�jr7Aws 3Fr�E4F[ A W � 3 lT N mC_ 4 3 1 W m � C1 nl ffi a Cbx O 3R R W N 3 cm A.0 t33 3 � {0 'a x T T M 3 C N ! N I WHEEL rn MORO !;)e9CATPII%l aVAWtr913S PPICMDnD ILr brfli#d ur*umg SmAmm. aux w s st, i w.��8� s; na 55410 I� Garegeslev8iv g (mrrgpena4n bmoprµA4* 91 (4$7�•�5q-7d5 d����d olilli�C iChriarl �" CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. A RESOLUTION APPROVING VARIANCES FROM MUNICIPAL ZONING CODE SECTIONS 78-1437 FILE NO. 16-3851 WHEREAS, Peter Marcus Bluth and Nell Marie Bluth, a married couple (hereinafter the "Applicants"), are the owners of the property mated at 2413 Carman Street and legally described as: Lots 1, 2, and 3, Block 2, NAVAR RE, according tb the recorded plat thereof, Hennepin County, Minnesota (hereinafter the "Property"); WHEREAS, on August 22, 2016 the City Council approved variances to Orono Municipal Zoning Code Section 78-1434 to allow a second story addition to the Applicants' existing garage, (hereinafter the "OAS") less than 30 feet.from the side and rear lot lines; and WHEREAS, the Applicants' intent was to install plumbing consisting of a toilet and sink (hereinafter the "Half Bath") in the OAS. WHEREAS, according to City Code 78-1437, plumbing is permitted within a conforming accessory structure Because the OAS does not meet the required setbacks it is considered non-confo ming; and WHEREAS, the Applicants are requesting a variance to City Code 78-1437 to permit installV on of a Half Bath within tt OAS; and WHEREAS, on September 19, 2016, after published and mailed notice in accordance with Minnesota Statutes and the City Code, the Planning Commission held a public hearing, at which time all persons desiring to be heard concerning this application were given the opportunity to apeak thereon; vid WHEREAS, on September 19, 2016, the Planning Commission recommended approval of the variar , and WHEREAS, on September 26, 2106, the City Council reviewed the application and the recommendations of the Planning Commission and City staff; and NOW, THEREFORE, BE IT RESOLVED that the City Council of Orono, Minnesota hereby approves the requested variance as described above based on one or more of the following findings of fact concerning the Property: CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. FINDINGS OF FACT: 1 This application was reviewed as Zoning pile #16-3861.The analysis contained within staff memos and the exhibits attached to the aforesaid memos, all minutes from the above mentioned meetings, and any and all other materials distributed at these meetings are hereby incorporated by reference. 2. The Property is located in the LR -1 C Zoning Distnct. 3. The Property contains 0.48 acres in area and has a defined lot width of 140 feet. 4. The Property is within Tier 2 and hardcover is limited to 30% according to the Stormwater Quality Overlay District. 5. Applicant has applied for the following variance: a. Installation of a Half Beth (plumbing) within a nonconforming OAS. 6. In considering this application for a variance, the Council has considered the advice and recommendation of the Planning Commission and the effect of the proposed variance upon the health, safety and welfae of the cm nunity, existing and anticipated traffic conditions, light and air, danger of fire, risk to the pi:bhc safety, and the effect on values of property in the surrounding area. ANAL S: 1. "Variances shall only be permitted when they are in harmony with the general purposes and intent of the ordinance ....". The garage is residential in nature. The proposed Half Bath within the second story addition of the nonconforming OAS will not adversely impact adjacent properties and will not be apparent from the exterior. The variances are in harmony with the Ordinance. The variance is in harmony with the Ordinance. 2. "Variances shall only be permitted .. . when the variances are consistent with the comprehensive plan." The variance resulting in a permit for plumbing improvements within a residential garage in a residential zone is consistent with the Comprehensive Plan. 3. "Variances may be granted when the applicant for the variance establishes that there are practical difficulties in complying with the zoning ordinance. `Practical difficulties,' as used in connection with the granting of a variance, means that: a. The property owner in question proposes to use the property in a reasonable manner, however, the proposed use is not pennitted by the official controls. CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. The request to permit installation of plumbing within the detached garage appears to be reasonable as the adjacent properties do not appear to be adversely impacted. b. The plight of the landowneris due to circumstances unique to his property not created by the landowner. The size of the garage, and the size and orientation on the Property were not the result of actions by the landowner. Plumbing is permitted within residential garages. c. The variance, if granted, will not aHer the essential character of the locality." The proposed plumbing within the garage will not alter the character of the neighborhood. 4. "Economic considerations alone do not constikte pracical difficulties." The Applicants have not requested approval based on economic considerations. 5. °Practical difficulties also include but are not limited to, inadequate access to direct sunlight for solar energy systems. Variances shall be granted ' for earth -sheltered construction as defined in Minn. Stat. § 216C.06, stabd. 2, when in harmony with Orono City Code Chapter 78." This criterion is not applicable. 6. "The board or the council may not permit as a variance any use that is not permitted under Orono City Code Chapter 76 for property in the zone where the affected person's land is located." The proposed improvements are residential in nature and are consistent with the residential zoning and the Comprehensive Plan. 7. `The board or couwt may permft as a variance the temporary use of a one -family dwelling as a two-family dwelling." This criterion is not applicable. B. "The spm conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property." The Property is a corner lot with a defined front yard on Shoreline Drive with the functional front facing Carman Street. The garage, constructed in 1975, is in a nonconforming location on the Property. The proposed plumbing improvements will not increase the nonconformity. 9. `The conditions do not apply generally to other land or structures in the district in which the land is located." The nonconforming location of the garage and the corner lot status make the Property unique in the neighborhood. CITY OF ORONO RESOLUTION OF THE CITY COUNCIL 10. "The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant." Staff finds this criterion to be met. 11. "The granting of the proposed variance will not in any way impair health, safety, comfort or morals, or in any other respect be contrary to the intent of this chapter." Granting the requested variances will not adversely impact health, safety, comfort, or morals; nor will it be contrary to the intent of the Code. 12. "The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty." The location and size of the garage create practical difficulties affecting the Property; the variance is necessary and not merely serve as a convenience to the Applicants. CONCLUSIONS, ORKIR AND CONDITIONS: Based upon one or more of the above findings, the Orono City Council hereby grants a variance from Orono Municipal Zoning Code Section 78-1437 to allow the installation of a Half Bath within the nonconforming OAS on the Property, subject to the following conditions: 1. Council approval is based on the bu flding plans submitted by the Applicants and annotated by City staff, attached to this Resolution as Exhibit A, hereinafter the "Plans Any amendments to the Plana which are not in conformity with City codes may require further Planning Commission and City Cound reviow. 2. Authorities granted by this resolution run with the Property not with the Applicants, but are permissive only and ictust. be exercised by obtaining a building permit for the new ot:�atruction and comneneing constructon of said project. A framing inspection must be completed within one year of the date of Council approval, or the variance will expire on that date (September 26, 2017). 3. By signing this Resolutwn, the Applicants agree and covenant in writing that the accessory building will not be: a. Used for a home occupation unless specifically approved by the city or if allowed by this Code. b. Used as a t1 gelling unless a guest house conditional use permit is obtained. c. Rented, leaSed or otherwise provided for use as a dwelling under any circumstances. CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 4. Violation of or non-compliance with any of the terms and conditions of this resolution shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 5. The undersigned Applicants have read, understand and hereby agree to the terms of this resolution and on behalf of the Applicants and the Applicants' heirs, successors and assigns, hereby agree to the recording of this resolution in the chain of title of the Property. ATTEST: ADOPTED by the Orono City Council on fts 26{" day of September, 2016. CITY OF ORONO: Diane Tiegs, City Clerk Lili Tod McMillan, Mayor Property Owner STATE OF MINNESOTA COUNTY OF HENNEPIN CITY OF ORONO RESOLUTION OF THE CITY COUNCIL R U9 Property Owner This instrument was acknowledged before me the day of , 2016, by Peter Marcus Bluth, husband of Nel Maw Bluth. Notary Public STATr OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me this day of , 2016, by, Nell Marie Bluth, wife of Peter Marcus Bluth. Notary Public I 4 I ! I I I I I I I I As. A I'j o w C m y m 5HEETTITLE: PROJECT DESCkPT[DN: DRAWINGS PROVIDED BY: i Orfield Drafting Services E Bluth Residence I E � 3507 W 50th 5t. i ds I Minneapolis, MN 55410 ! � 2413 Carman 5t �Orono, !, I Garage Second Floor Plan DRFIELD DllAFTIn6 SERYI[Es MN 55391 (952)-454-2705 I of Iyr %IEETTTLE ,. PtaDjcLT DM- N1*7r0N- DNAW114W MCIVID€b W 1++ Muth 1� "07 W 56fh S!-. I'alihfwmp[ldis; HN 554111 1� I 96va�4rrU Z1tI 4r4rM, Mn 56741 (.4521-45h270S GW ULI. 111ir9F�i TLIL4#[[i �tn ' W X T 3 y X c C% � � X a 0 a w m Es I a m 3 C en N N N a N r� 3 N C O 3 ^ , T TLE, PkOIM i]ESE17 PTIONi 'jORAWING4 5x'- it � fjrFrt� ".SfEP[iYrl," �LlVxvc r rn 5MCVLIDFB r * ¢y I MUM AVAflil 350Th' 'k%, I- S od � . Lis�{aVagacnAj - h{innhgpolle, ?7k _ $8aw 2413 (95�`-454-3705 :0s ;C(o Narri d •-[r.[Cr- .i . iircino !'MNSS14# i 01 NOTICE OF PLANNING COMMISSION ACTION CITY OF ORONO 2750 Kelley Parkway PO Box 66 Crystal Bay, MN 55323 952.249.4620 TO: Peter & Nell Bluth 2413 Carman St Wayzata, MN 55391 TYPE OF REQUEST: Variance DATE OF MEETING: 19 September 2016 ZONING FILE: 16-3851 DATE OF NOTICE: 19 Sept 2016 COPIES Peter Bluth via email: The Orono Planning Commission voted on a motion to recommend approval of the variance permitting plumbing within the accessory structure as requested contingent upon the property owner signing the plumbing within accessory structure covenant as noted within the staff memo. VOTE: 6 FOR 0 AGAINST Applicant's next meeting is tentatively scheduled as: Monday, September 26' This is a City Council meeting. The meeting begins at 7 PM If you desire certified copies of the official Planning Commission minutes, they are available from the City Clerk after review and approval by the Planning Commission. If you have questions, please contact Melanie Curtis at mcurtis@ci.orono.mmus or 952.249.4627. MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, September 19, 2016 6:30 o'clock p.m. ROLL CALL The Orono Planning Commission met on the above-mentioned date with the following members present: Chair John Thiesse, Commissioners Bruce Lemke, Denise Leskinen, Chad Olson, Loren Schoenzeit and Jon Schwingler. Representing Staff were Community Development Director Jeremy Barnhart, Senior Planner Michael Gaffron, City Planner Melanie Curtis, and Recorder Jackie Young. Council Member Lizz Levang was present. Mayor McMillan arrived at 6:55 p.m. Chair Thiesse called the meeting to order at 6:30 p.m., followed by the Pledge of Allegiance. Chair Thiesse noted Item No. 4 has been removed from tonight's agenda at the request of the applicants NEW BUSINESS 1. APPROVAL OF PLANNING COMMISSION MEETING MINUTES OF AUGUST 15, 2016 Leskinen moved, Olson seconded, to approve the minutes of the Orono Planning Commission meeting of August 15, 2016, as submitted. VOTE: Ayes 6, Nays 0. 2. #16-3851 PETER BLUTH, 2413 CARMAN STREET, VARIANCE, 6:32 P.M. — 6:35 P.M. Peter Bluth, Applicant, was present. Curtis stated the City Council recently approved variances allowing a second story addition over the existing detached garage, which is a nonconforming oversized accessory structure. There were a number of plan revisions between the initial submission and final plans for approval. In the revision process, the bathroom fixtures originally proposed in the detached garage upstairs were inadvertently removed from the plans. Staff also missed this omission. The applicants do wish to install a half bath in the upper level of the detached garage. An oversized accessory structure must meet a minimum of a 30 -foot setback from all property lines. Plumbing may be installed within a conforming accessory building via an administrative plumbing permit, but because the required 30 -foot setbacks are not met, a variance is necessary to permit plumbing within the structure. Staff finds that the nonconforming location of the oversized garage constitutes a practical difficulty with respect to making any typical residential improvements such as plumbing. The Planning Commission may wish to discuss the practical difficulty analysis contained in Staff's report. Staff recommends approval of the variance as requested. Staff would also suggest the applicant apply a recorded covenant which states that the accessory building will not be: 1 Used for a home occupation unless specifically approved by the City or if allowed by this Code. 2. Used as a dwelling unless a guest house conditional use permit is obtained. MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, September 19, 2016 6:30 o'clock p.m. 3. Rented, leased or otherwise provided for use as a dwelling under any circumstances. Such covenant shall be binding on current and future property owners and shall be filed in the chain of title of the property. Thiesse asked whether the City has a standard form relating to the covenant. Curtis indicated standard language would be included in the language of the resolution. Peter Bluth, Applicant, stated they removed the bathroom due to cost and then put it back in. Bluth stated they would like to improve the functionality of the garage. Thiesse asked if the size of the room is the same. Curtis stated the room size is consistent with what was originally shown but the bathroom fixtures had been removed. Thiesse commented it appears the room is large enough for a bathtub. Thiesse asked if the applicant plans to come back later to request a bathtub. Bluth stated that is just the way the room fits in the building and that he has no intention of putting in a bathtub. Chair Thiesse opened the public hearing at 6:35 p.m. There were no public comments regarding this application. Chair Thiesse closed the public hearing at 6:35 p.m. Schwingler moved, Schoenzeit seconded, to recommend approval of Application No. 16-3851, Peter Bluth, 2413 Carman Street, granting of a setback variance and to allow plumbing within the existing nonconforming oversized accessory structure subject to Staff recommendations. VOTE: Ayes 6, Nays 0. 3. #16-3859 ROBERT GUMNIT AND FRANCES GRAHAM, 1100 OLD CRYSTAL BAY ROAD SOUTH, CONDITIONAL USE PERMIT, 6:36 P.M. — 6:39 P.M. Robert Gumnit, Applicant, was present. Curtis stated the owners of the property would like to modify the existing two-story tack building to include a full bathroom so that it can serve as a caretaker's quarters. According to the code, it would be considered a guest house. The property consists of over nine acres in area, so therefore a guest house is permitted via a guest house conditional use permit. The lot is considered a lakeshore property. Therefore the location of the tack building between the home and the street is conforming. The guest house would be within the 999 square foot building footprint and the required setbacks are also conforming. Date Application Received: 07/18/16 Date Application Considered as Complete: 07/28/16 120 -Day Review Period Expires: 11/25/16 To: Chair Thiesse and Planning Commission Members Jessica Loftus, City Administrator From: Melanie Curtis, Planner WGG Date: 13 September 2016 Subject: #16-3851, Peter Bluth, 2413 Carman Street Variance Public Hearing Application Summary: The applicant is requesting to install plumbing within the existing nonconforming oversized accessory structure on the property. Staff Recommendation: Planning Department Staff recommends approval. List of Exhibits Exhibit A. Application Exhibit B. Proposed Survey/Site Plan Exhibit C. Proposed Plans and Elevations Exhibit D. Applicable Code Sections Exhibit E. 60 -Day Extension Exhibit F. Aerial Photos Exhibit G. Property Owners List Exhibit H. Plat Map Background The Council, on August 22nd, approved variances allowing an upward expansion of the existing non -conforming oversized accessory structure (OAS). There were a number of plan revisions between initial submittal and final plans for approval. In the revision process the bathroom fixtures were inadvertently removed from the plans; staff also missed this omission. The applicants wish to install a half bath in the upper level of the detached garage. Because the existing OAS is nonconforming with respect to setbacks a variance from Section 78-1437 is required. Applicable Regulations: Plumbine in a Nonconformine Accessory Structure Variance (Code Section 78-1437) An OAS must meet a minimum of a 30 foot setback from all property lines. Because the required 30 -foot setbacks are not met, a variance is necessary to permit plumbing within the OAS. Governing Regulation: Variance (Section 78-123) In reviewing applications for variance, the Planning Commission shall consider the effect of the proposed variance upon the health, safety and welfare of the community, existing and FILE # 16-3851 13 Sept 2016 Page 2 of 3 anticipated traffic conditions, light and air, danger of fire, risk to the public safety, and the effect on values of property in the surrounding area. The Planning Commission shall consider recommending approval for variances from the literal provisions of the Zoning Code in instances where their strict enforcement would cause practical difficulties because of circumstances unique to the individual property under consideration, and shall recommend approval only when it is demonstrated that such actions will be in keeping with the spirit and intent of the Orono Zoning Code. Economic considerations alone do not constitute practical difficulties. Practical difficulties also include but are not limited to inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth -sheltered construction as defined in Minn. Stat. § 216C.06, subd. 2, when in harmony with this chapter. The board or the council may not permit as a variance any use that is not permitted under this chapter for property in the zone where the affected person's land is located. The board or council may permit as a variance the temporary use of a one -family dwelling as a two-family dwelling. According to MN §462.537 Subd. 6(2) variances shall only be permitted when: 1. The variance is in harmony with the general intent and purpose of the Ordinance. The garage is residential in nature. The proposed half bath within the second story addition of the nonconforming OAS will not adversely impact adjacent properties and will not be apparent from the exterior. The variances are in harmony with the Ordinance. The variance is consistent with the comprehensive plan. The variances resulting in a permit for plumbing improvements within a residential garage in a residential zone is consistent with the Comprehensive Plan. The applicant establishes that there are practical difficulties. a. The property owner proposes to use the property in a reasonable manner not permitted by the official controls; The request to permit installation of plumbing within the detached garage appears to be reasonable as the adjacent properties do not appear to be adversely impacted. b. There are circumstances unique to the property not created by the landowner; The size of the garage, and the size and orientation property were not the result of actions by the landowner. Plumbing is permitted within residential garages; and c. The variance will not alter the essential character of the locality. The proposed plumbing within the garage will not alter the character of the neighborhood. Additionally City Code 78-123 provides additional parameters within which a variance may be granted as follows: 4. The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property. The applicant's home is a corner lot with a defined front yard on Shoreline Drive with the functional front facing Carman Street. The garage, constructed in 1975, is in a nonconforming location on the property. The proposed plumbing improvements will not increase the nonconformity. 5. The conditions do not apply generally to other land or structures in the district in which the land is located. The nonconforming location of the garage and the corner lot status make this property unique in the neighborhood. 6. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. Staff finds this criterion to be met. FILE # 16-3851 13 Sept 2016 Page 3 of 3 7. The granting of the proposed variance will not in any way impair health, safety, comfort or morals, or in any other respect be contrary to the intent of this chapter. Granting the requested variances will not adversely impact health, safety, comfort, or morals; nor will it be contrary to the intent of the Code. 8. The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty. The location and size of the garage create practical difficulties affecting the Property; the variance is necessary and does not merely serve as a convenience to the Owner. The Commission may recommend or Council may impose conditions in granting of variances. Any conditions imposed must be directly related to and must bear a rough proportionality to the impact created by the variance. No variance shall be granted or changed beyond the use permitted in this chapter in the district where such land is located. Septic System Status The property is served by city sewer. Practical Difficulties Statement Applicant should be asked for testimony regarding the practical difficulties. Practical Difficulties Analysis Staff finds that the nonconforming location of the OAS (garage) constitutes a practical difficulty with respect to making any typical residential improvements such as plumbing. Public Comments To date, no public comments were received. Issues for Consideration 1. Does the Planning Commission find that that the property owner proposes to use the property in a reasonable manner which is not permitted by an official control? 2. Does the Planning Commission find that the variance(s), if granted, will not alter the essential character of the neighborhood? 3. Does the Commission find it necessary to impose conditions in order to mitigate the impacts created by the granting of the requested variance(s)? 4. Are there any other issues or concerns with this application? Planning Staff Recommendation Staff recommends approval of the variance as requested. Staff would also suggest the applicant apply a recorded covenant which states that the accessory building will not be: 1. Used for a home occupation unless specifically approved by the city or if allowed by this Code. 2. Used as a dwelling unless a guest house conditional use permit is obtained. 3. Rented, leased or otherwise provided for use as a dwelling under any circumstances Such covenant shall be binding on current and future property owners and shall be filed in the chain of title of the property. City of Orono Variance Application 5treetAddress: Application # Kelley Parkway Orono, MN 55356 Date Received: Staff Main: 952-249-4600 fax: 952-249-4616 Fee: Mailing Address: Escrow # & $ P.O. Box 66 Crystal Bay, MN 55323-0066 Permit Fee I Notes: Please complete. Applicant will be notified within 15 days as to the status of the application. Incomplete applications will not be placed on Planning Commission Agenda. SITE LOCATION: --4 13 Ct-V -nAC," `r- DESCRPTION OF REQUEST:��s` �cv t't� rvultiw9 9&*C'1P- Wlkr-k"., am, IiV4t ci ra��m rxd�c� +i,,., (attached additional sheefs as necessary) APPLICANT 1 AGENT INFORMATION: Applicant Name: ( pro i� Phone (Primary): 352,-'1 Applicant Email: Address: '-, 113 Gr.rromu ' 5tCity: Oebvlo zip: Applicant is: Contractor (Circle One) PROPERTY OWNER INFORMATION: Xcheck here if property owner is same as applicant Name: Phone (Primary): Mailing Address: City: ZIP: Email: APPLICANTIAGENT AND/OR OWNER: • Agree to provide all information required or requested by the Planning Department, • Agree to pay additional fees (staff time not covered in the original fee payment) and/or consultant expenses incurred in review of this application, and • Certify that the information supplied is true and correct to the best of his/her knowledge. The applicant and owner recognize that they are solely responsible for submitting a complete application being aware that upon failure to do so, the staff has no alternative but to reject it until It is complete or to recommend the request for denial of the request regardless of its potential merit • Acknowledge the Escrow Agreement is completed and signed. • The Owner hereby acknowledges and agrees to this application and further authorizes reasonable entry onto the property by City Staff, consultants, agents, Commission and Council Members for purposes of investigation and verification of this request. • Owner and/or Applicant acknowledge they must be present at all scheduled review meetings of the Planning Commission and Council. If an applicant and/or owner is unable to attend a scheduled meeting, please make arrangements to have an authorized representative attend in place of the applicant/owner and advise the City Planner assigned to your project. 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QO PLAT) / SELm Ib 954.0 952.6 N } N EXISTING GARAGE %! 1 w I A „{ %D A Yµ SHEET TITLE: PROJECT DESCRIP'TLON: DRAWINGS PROVIDED BY: r 3 F OYiield Drafting Services s Bluth Residence 3507 W SCth S:o d . li 2413 Garman St MEnneapolEs, MN 55410 .E Garage Main Floor ?Ian Drano, MN 55391 (952)-454^275 9RFIELD DRAFTING SERVICES o ; C j R I Q i G.a (2) 2x10 HDR 3088 1• \ 24' 3' 28' %D A Yµ SHEET TITLE: PROJECT DESCRIP'TLON: DRAWINGS PROVIDED BY: r 3 F OYiield Drafting Services s Bluth Residence 3507 W SCth S:o d . li 2413 Garman St MEnneapolEs, MN 55410 .E Garage Main Floor ?Ian Drano, MN 55391 (952)-454^275 9RFIELD DRAFTING SERVICES 1 I I I i i I � N CO O I I i � i $068 I I i N — X a I � 2x10 HDI 5 N 0 M m (2) 2x10 HDR m wSHEET TITLE: PR03ECT DESCRIPTION: DRAWINGS PROVIDED BY: m Orfield Drafting Services I. Lo_ I Bluth Residence 3567 W 56th St i I I 2413 Carman St Minneapolls, MN 55416 '-d Gara94 Second Floor Plan Orono, MN 55391 (952)-4542705 aRF2E.➢ DRAFTSN6 SERVICES •. LO r I �` g r Skf=7rrm: �PAOJECTUP—SO]MION j P11AWthU5 PRGVT.DE:lOV I CrMei6 7rditl�9 SBfW-MG o NIx�nCirpolii, MN 53410G4�I Ib QwvftWa III 413 CJrnnln 5[ 1(952),&54-7.705 1 big: VLa w�rriwd :[�'lwk �nr+a,. Mna �5]F1 ? � Sl1i�iT TITLE �GT•�`t� 7ES�P:W1y�N: G�FAV11 f+'pGS RR®VIGE3i- �''': - a dluiA V4asi�x,ea [}ffl@i: nryRlnp Ser;es�5 35�G7 4V 5O4h S�t, .__.,;,., MlnnaapoliG, MN SSdi�O ods. �12ai3 C"1�44 p4fFP�nW I.�Prone, Cannan S� MM1'3M391 {'��}�54-'rliF�S 4�riL40 4�jr7Aws 3Fr�E4F[ A W � 3 lT N mC_ 4 3 1 W m � C1 nl ffi a Cbx O 3R R W N 3 cm A.0 t33 3 � {0 'a x T T M 3 C N ! N I WHEEL rn MORO !;)e9CATPII%l aVAWtr913S PPICMDnD ILr brfli#d ur*umg SmAmm. aux w s st, i w.��8� s; na 55410 I� Garegeslev8iv g (mrrgpena4n bmoprµA4* 91 (4$7�•�5q-7d5 d����d olilli�C iChriarl �" Sec. 78-1437. - Plumbing. Because the provision of plumbing fixtures and wastewater plumbing in accessory buildings has the potential to allow such buildings to be used as dwelling units, and because it is the policy of the city to limit residential development density to the allowed densities within the respective zoning districts, plumbing in accessory buildings shall be regulated as follows: (1) The provision of outside sillcocks and indoor water supply shall be allowed in any accessory building that is conforming in location, size and height. (2) Installation of any combination of fixtures requiring wastewater plumbing that does not include a shower or bathtub shall be allowed in any accessory building that is conforming in location, size and height with, subject to provision of municipal sanitary sewer or a conforming sewage treatment system designed to handle the anticipated flows from such fixtures, and subject to the property owner's executing a covenant providing that the accessory building will not be: a. Used for a home occupation unless specifically approved by the city or if allowed by this Code. b. Used as a dwelling unless a guest house conditional use permit is obtained. c. Rented, leased or otherwise provided for use as a dwelling under any circumstances. (3) Installation of any combination of fixtures requiring wastewater plumbing that includes a shower or bathtub shall be allowed only in an accessory building that is conforming in location, size and height and which meets one of the following criteria: a. The accessory building has been approved for a guest house conditional use permit; or b. The accessory building has been approved for a bathtub or shower in accessory building conditional use permit. (Ord. No. 179 2nd series, § 1, 10-12-1998; Ord. No. 45 3rd series, § 11, 2-25-2008) Page 1 13 September 2016 CITY OF ORONO Street Address: Mailing Address: Telephone (952) 249.4600 2750 Kelley Parkway P.O. Box 66 Fax (952) 249-4616 Orono, MN 55356 Crystal Bay, MN 55323 www.d.orono.mn.us Peter Bluth SENT VIA EMAIL 2413 Carman St Wayzata, MN 55391 SUBJECT: Zoning Applicadon #16-3851 On July 28, 2016 your variance application for the property at 2413 Carman Street was considered to be complete. Your application was approved by the City Council on Monday, August 22"d. Because the plumbing element of your request was overlooked and an additional public hearing is being held on September 191h with final Council approval on or after September 26th; the current deadline for City action on your application of September 26th is being extended by an additional 60 -days. Please note that pursuant to Minn. Stat. § 15.99, subd. 3(f) the time period for action on this application is hereby extended until November 25, 2016. Your application is still scheduled to be before the Planning Commission for their review on September 190 Please contact me at 952.249.4627 or rncurUs@ci.orono.mn.us if you have questions on this matter. The Planning Commission agenda and staff report will be mailed/emailed to you at the end of this week. Sincerely, CITY OF ORONO Melanie Curtis Planner c: Peter Bluth 1*0 MI 11 F � � Oblique facing East tb&J RUN DATE: 07!18!2016 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM (PROPERTY OWNERS LIST) PAGE: 1 38 17-117-23 34 0012 38 17-117-23 43 0113 38 20-117.23 12 0016 R H& N M HARDING SHORELINE-NAVARRE LLC M P MALIK & 1 D MALIK 2389 BLAINE AVE 3542 SHORELINE DR 2469 CARMAN ST ORONO MN 55391 ORONO MN 55391 03ONOMN 5539, ROBERT H HARDING SHORELINE-NAVARRE LLC MICHAEL P & JANET D MALIK 2391 BLAINE AVE CIO LNR PROPERTIES 2469 CARMAN ST WAYZATA MN 55391 319 BARRY AVE SSTE 301 WAYZATA MN 55391 WAYZATA MN 55391 38 17-117-23 34 0047 38 17.1.7.23 43 0114 38 20-117-23 120019 R & N HARDING LOWELL R ZITZLOFF B OLSZEWSKI & D OLSZEWSKI 38 ADDRESS UNASSIGNED 3502 SHORELINE DR 3580 FREDERICK ST ORONO MN 00000 ORONO MN 55391 ORONO MN 5539! ROBERT H HARDING LOWELL R ZITZLOFF BRENDAN OLSZEWSKI 2394 BLAINE AVE 319 BARRY AVE S 4301 DENISE OLSZEWSKI WAYZATAMN 55391 WAYZATA MN 55391 3580 FREDERICK ST WAYZATAMN 55391 38 17-'.17-23430100 38 17-117-23 43 0149 38 20-117-23 12 0020 RUBY L LINDBLAD R L& G H PLAISTED JEREMY A STEWART/M L STEWART 3505 LYRIC AVE 3574 SHORELINE DR 2474 CASCO POINT RD ORONO MN 55391 ORONO MN 55391 ORONO MN 55391 RUBY L LINDBLAD THOMAS & CARRIE MICHAUD JEREMY A STEWART 3505 LYRIC AVE 6652 LINWOOD DR NE MAGGIE L STEWART WAYZATA MN 55391 ALBERTVILLE MN 55301 2474 CASCO POINT RD WAYZATA MN 55391 38 17-117-23 43 0101 38 17-117-23 43 0151 38 20-117-23 12 0021 PAUL BOWMAN & BARBARA BOWMAN LEIS IN GRACE LLC JANET E ROBERTS 35.3 LYRIC AVE 3572 SHORELINE DR 2454 CASCO POINT RD ORONO MN 5539! ORONO MN 5539'- ORONO MN 55391 PAUL BOWMAN & BARBARA BOWMAN CYNTHIA RYSAVY JANET E ROBERTS 8272 STONE CREEK DR PO BOX 5 2454 CASCO POINT RD CHANFASSEN MN 55317 NAVARRE MN 55392 WAYZATA MN 55391 38 17-117-23 43 0102 38 17-117-23 43 0155 38 20-117-23 120022 TAMMY RAE LILJENQUIST SKYT PROPERTIES LLC S P J SKORO 3525 LYRIC AVE 3496 SHORELINE DR 2428 CASCO POINT RD ORONO MN 55391 ORONO MN 55391 ORONO MN 55391 TAMMY RAE LlLJENQUIST SKYT PROPERTIES STEPHEN J & JEAN K SKORO 3525 LYRIC AVE 3496 SHORELINE DR 2428 CASCO PT RD WAYZATA MN 55391 WAYZATA MN 55391 WAYZATA MN 55391 38 17-117-23 43 0103 38 20-117-23 12 0011 38 20-117-23 12 0023 DONNA M LIEN PETER M BLUTH JAMES M GASCH 3541 LYRIC AVE 2413 CARMAN ST 2408 CASCO POINT RD ORONO MN 55391 ORONO MN 55391 ORONO MN 55391 DONA M !LIEN) GLEASON PETER M BLUTH JAMES M GASCH 3541 LYRIC AVE 2413 CARMAN ST 2408 CASCO POINT RD WAYZATA MN 55391 WAYZATA MN 55391 WAYZATA MN 55391 38 Z7-117-23430104 38 20-117-23 12 0012 38 20-117-23 12 0024 ASHLEY ANN GROVER NATHAN W BOUTANG PAUL F HUBER 3551 LYRIC AVE 2431 CARMAN ST 2400 CASCO POINT RD ORONO MN 5539, ORONO MN 55391 ORONO MN 55391 ASH' -EY ANN GROVER NATHAN W BOUTANG PAUL F HUBER 3551 LYRIC AVE 2431 CARMAN ST 520 2ND ST WAYZATA MN 55391 WAYZATAMN 5539. EXCELSIOR MN 55331 38 17-.17-23430105 38 2G-117-23 12 0013 38 20-117-23 12 0027 THOMAS D WEBER TRUSTEE JULIE A GATEHOUSE W E EDWARDS & D M EDWARDS TR 3559 :,YRIC AVE 2443 CARMAN ST 2474 CARMAN ST ORONO MN 55391 ORONO MN 55391 ORONO MN 55391 THOMAS D WEBER TRUSTEE JULIE A GATEHOUSE WARD E EDWARDS 3559 LYRIC AVE 2443 CARMAN ST DONNA M EDWARDS WAYZATA MN 55391 WAYZATAMN 55391 2474 CARMAN ST WAYZATA MN 55391 38 17-117-23 43 0106 38 20.117-23 12 MR 38 20-117-23 12 0050 THOMAS A HAUGAN J P BLUTH & JOANN M BLUTH RICHARD EDWARDS REV TR ET AL 3585 LYRIC AVE 2447 CARMAN ST 38 ADDRESS UNASSIGNED ORONO MN 55391 ORONO MN 55391 ORONO MN 00000 THOMAS A HAUGAN JOSEPH P BLUTH RICHARD A EDWARDS TRUSTEE 3585 LYRIC AVE JOANN M BLUTH 2480 CARMAN ST WAYZATA AIN 55391 2201 DREAM DR W WAYZATA MN 55391 NORTH MANKATO MN 56003 38 17-117-23 43 0107 38 20-117-23 12 0015 38 20-117-23 12 0058 PATRICIA A DONGOSKE RYAN P SCHULTZ GREGORY REEP & SALLY RESP TR 3596 SHORELINE DR 2455 CARMAN ST 2440 CARMAN ST ORONO MN 5539! ORONO MN 55391 ORONO MN 55391 PAUL F JOHNCOX CHIEF MANAGER RYAN PATRICK SCHULTZ REEP FAMILY TRUST A PLUS PROPERTIES LLC 2455 CARMAN ST 2440 CARMAN ST 3596 SHORELINE DR WAYZATA MN 55391 WAYZATA MN 55391 WAYZATA MN 55391 RUN DATE: 0 711 812 01 6 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM (PROPERTY OWNERS LIST) PAGE: 2 38 20-117-23 f2 0059 NANCY B PALMER TRUST 2450 CARMAN ST ORONO MN 55391 MARK T PALMER NANCY B PALMER 2450 CARMAN ST WAYZATAMN 55391 38 20-',17-23120061 CITY OF ORONO 38 ADDRESS UNASSIGNED ORONO MN 00000 CITY OF ORONO P0BOX 66 CRYSTAL BAY MN 55323 38 20-117-23 12 0062 GREGORY REEP TRUST ET AL 38 ADDRESS UNASSIGNED ORONO MN 00000 REE? FAMILY TRUST 853 WIGET LANE WALNUT CREEK CA 94598 38 20-!17-23 12 0064 MARCUS A & CONSTANCE M MERZ 2414 CARMAN ST ORONO MN 55391 MARCUS A & CONSTANCE M MERZ 24!4 CABMAN ST WAYZATA MN 55391 38 20.117-23 12 0065 E J MERCER & J D MERCER 2490 CARMAN ST ORONO MN 55391 ERIC J MERCER JEREMIE D MERCER 2420 ZIRCON LA N PLYMOUTH MN 55447 38 20-117-23 12 0066 J K JARNES & J M JARNES 2470 CARMAN ST ORONO MN 55391 JEFFREY & JACQUELINE JARNES 2470 CARMAN ST WAYZATA MN 55391 38 20-117-23 21 0028 N W BELL TELEPHONE CO 3605 SHORE .:NE DR ORONO MN 55391 CENTURY L1NK ATTN PROPERTY TAX PO BOX 2599 OLATHE KS 66063 38 20-117-23 21 0029 ST EVAN J & DEBRA J WAGNER 3607 SHOREIANE DR ORONO MN 55391 STEVAN J & DEBRA, WAGNER 5440 MORNINGVIEW CT MOUND MN 55364 Hennepin County has developed electronic forms of certain property information databases, Hennepin County :rakes reasonable efforts to produce and aubiish the most current property information available. ne viewer should understand, however, that Hennepin County makes no representation or wa7anties, either express or implied, or as to merchantability or fitness for a particular purpose regarding the accuracy and/or completeness of the information contained herein. # 3851 RECEIVED JUL 1 b 7018 CITY OF ORONO Hennepin County Locate & Notify Map Provided By: Resident and Real Estate Services Date: 7/18/2016 (51) jM 1491 (11) J471 (46) (46) (44) (43� (70) (08) 06) (11) (157) (741 17=117-23=34 –17-1-17-23-43 (44) (46) rn r i 13� \I IpEi 20-117 -jix' — I (43) M? F,1-1 —7- !§--If -2- 'F� 20-1,17-23-21 20-117-23-1.2 Buffer Size: 350 feet Map Comments: 2413 Carman Street Orono MN 55391 20-117-23-12-0011 %Pj I 11w, RECEIVED JUL I b 201h CITY OF ORONO M (156) (871 1 M. Is 0 60 120 240 ft For more information contact: Hennepin County GIS Office 300 6th Street South Minneapolis, MN 55487 gis.info@hennepin.us #3851 WEi lkw kill" % 414i) (poll 1119) -jix' — I (43) M? F,1-1 —7- !§--If -2- 'F� 20-1,17-23-21 20-117-23-1.2 Buffer Size: 350 feet Map Comments: 2413 Carman Street Orono MN 55391 20-117-23-12-0011 %Pj I 11w, RECEIVED JUL I b 201h CITY OF ORONO M (156) (871 1 M. Is 0 60 120 240 ft For more information contact: Hennepin County GIS Office 300 6th Street South Minneapolis, MN 55487 gis.info@hennepin.us #3851 - d2' e 9c�6'L�4 yY dO. i a' wEsl - jJ .---TIMBER FENCE 16 GOBI FS5.3 Ix 655.0 x 054.204 G60.0 Y1 933u i e �itila ^ `r• i 957.8 1 l .95 NJA d18Elsy T' iL 9611 E0&0 54T 951. o'' a � 9�9111.3dPo,5 l.a , 1 11 L.OT 27 FC bBu LUT' }l-osay-asa-�-mei 1 �Iu 9559 LD l75 _ + x G51& YY W xB �' �q�r tI • W6.] •955.3 i� �T 65APN \ 991.4 V l��8'5�.0 910.8 BStlA SIE&I p56,p 95 9564 L GRD OE 1 rf 96&4 %B-0 -ILEI p 9549 969.] x 'g4 G661f, `, (II 'Ili1 /1 r2 (m .9 -.F_ xm y - ________ ___ _ � p •96&9 r-1 � - x959A51 tai oc L `i� fti w� 1 4W1 . 111I vl s 961. ,.4� 1 ,g •, 9 :� m w �G r Y. I I fV f.OT 1 N i��7 mea a t' /' 2`1,3 .`,+i / r�'3 �(�if 955a .9567 1`) j '13'�TCA '� Q7' Tom ' _ •_ / WET LDT s✓ I - 9 53tl 95Y3 LOT 3 13 T F ` . L 95&2 - GARAGE i I 02 JSr 967 a (PRro°sEP GPA9E t ih w I I d56,a ID ugE mE T, \ 959.1 6WrPRINTJ = sg I 96q 4 R i x 9526 f m 3 y 28.1' 30 F ¢4¢ �r' ! / : �1 I g4 m ] WV/ a3 # T i- 4x952.J� 991.5 I950.9 - - FENCE6� 96��' y � n BS1.2 �89°44'52'40.54 (140.110 PLAT) UNABLE TO LOCATE p 6526 CORNER -UNDER r DOCK EQUIPMENT EXISTING LOT 24 r GARAGE LNC P .07M_LEANNG �II �y I LOT 2.7 10. 5 K I II 1 I I '1 USE (INCLUDING COPYING, DISTRIBUTION. AHDIDR Ih-b cedtfy Wd Wlv y, plco-Ee tares 7SYPM'ed by D'A:O[L'Ad.IIy dlltx:e:.•Puvldlaa mid 11161 Lem a duly L. -.W ® CATCH BASIN JIRNB EMW B2STL16 REVL9ED SETBACI(S• COI4VEYANCE OF INFORMATIOM)OFTHIS PRODUCTIB STRICTLY PROHIBOED WRHWTBAT19i68EROgU[gT, bNC,'e EXPRESBwST.AUTHORWTKIN.1/BEW60101fT8A6 AI.'HORIZATION CONSTITUTES AN ILLEGITIMATE USE ANO SHA1L THEREBY INDEMNIFY SATHREeEROOUIST, LNC. OF ALL RENIPONBlBILRY. SATHRE-BEROgU87. WC. RESFAVEB THE RIGHT TOLANY ILLEGITWATE USER OR PAR^! LEGALLY RESPONSIBLE FOR DAMAGES OR LOSSES RESULTING FROM ILLEOITIMATE USE T"°yawIhe more cf the SMte aFMihit�da. D,Ledlbll dayaFJ ZOIA 5 1 I Q°vM H. PeIIbeJIeD, PLS Mimvs°� Lkme N°.40344 pardheam�®ODe.apm tkRe IURy A Ey SATHRE- ERGQUIST, INC. e TSD SOUTH BROADWAY wnYZA.'A MN. ssDeT (Bsz) aTa.B000 N q VVWW.SATHRE.COM P �'f-R8 DRAWN 2 EMW 8197!2:16 REWBED FRONT SIDEWALK. HARDCOVER EMW RNECI�q OBP BATE l ® 06-0]-56 O DESCRIPTION OF PROPERTY S E RV RYRD Lw 1, 2, mA3, Rkck2, NAVARRE, I mNina m the -.6d pl.lhuenf, He M..c.pry, ilim7pla 2) SII, Asidl-WJ CII- Sheel,Omm, Mimembs5M9L S) FI InWraraBde:Thi, pagmty app win Us mZm° R(Ams amid: the l-puoc°L ennml• flaadplaq nese of l%me�d w0.9 Deer Dmding whameuprega dmd. ata lora ft. 1 fb.L armsdf I% -.al III- mrd miII,B whore Lb. .-.b-gd W- h kr, dun I m- mik,« ms pI t S*d Nom the I%a 1cb®m flead by Inem. Na Bae Pkad Plmede n depth sin andwn within IN, mea. 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Wesemmmmd dviameing lord, be obuurcd Dnm Eta Zaphgl AdmidseMar Wslbs swrmlieskidimefw tbi 31) G.p.t, We haw vh°xn Wn Imlim W udlNis m dm surveyed prdpaty by obeetved nMmm mly. T1N+e m4Ylx ad0cs9rdmd utiti5w mann6uisgibe ei8jad Pmpary vv arc wpware. Msvne m¢Wp we Save ort plscede Gapher SWle Uie cell lbr Wsawey. TEmsmey moray ortbavMerOaui dbyIu,th mappm pn, tMrclere sensors cemkn man Tu eemdse beWre ear e.ea..rinn ukee PlaSan w river tide ale. 8s6eiedigpdg, yin aR requiredroy lw m ndtil'y anp5esme one can p Iedd 48 hdurc l mNm�a d 6sv4salPGz. E.Wism Elev°tlp°9 Gar46e Plmrelend- -9550 FiMlo rekmUan -957.4 Lq OPPdi9 girmim 9549 pmpomd 81evR4leRa P1aPec4d Gm&-FIw BIa,MW r,.pasedF FI-Elndimi -957.4 O0. en bud w e Hmph Beerlrgs Wme Ow* Sound (NAD 99 - 9966 aQ.) ,t D BITUMINOUS ® CATCH BASIN El CABLE TV PEDESTAL 1 d FLARED EMD SECTION M ELECTRIC TRANWORMEL C N GATE VALVE r° Ra na u l N IN l ® T II O E �+te'J- CONTOUR OUSTING O SURVEY MONUMENT SET e'LhF_ A A 1! :-r .:-.. w ` p E um 1 © sE -DC- ELECTPoC UPIDERGROUMD 20 10 0 ID 20 4D 1 SCALE INFEET SURVEY LEGEND OO CASE IRON MOMUMENT IA A/C UNIT D BITUMINOUS ® CATCH BASIN El CABLE TV PEDESTAL -sa-e. 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',:1: - - � - SHORELINE DIE VE HIGHWAY EASEMENT TO N89°43'59"E 140.53 (140.00 PLAT) HENNE:PIN COUNTY PER DOC. NO. 1940782 1 957.9 957.4 956.7 955.8 954.8 9:: 4. 953.7 ! CITY SIDEWALK TNH= 1 958.4 957.3 956.9;OE954.9 953,8955.3 9S�' I RBR 959.2 957.9 i T 9'�,� 5� 9 x M957.2 x 55.8 - x x 95 I x 954 0 j W RBR ;T 961.4 m 1 '14 � I k ----TIMBER FENCE i �`. 30 �' 959.11 f 955.3 I x 954.6 x 954.2 I 954.0 953.4 xo 961.3 h 957.7 I x (A x 954.1 FND CHISELED � F, �, 957.6 1 1 n �Pa �h cr h ) 955.5 955.1 955.0 954.7 1 954.4 961.3 �irO h�h1 x 1 �' 953.8 i 953 8 Ls ' n U ch 961.1 1 �. LU1 i }Y I 1 953.9 o co J x 955.5 954.7 x 955.3 x 955.3 1 954.0'' x ! 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QO PLAT) / SELm Ib 954.0 952.6 N } N EXISTING GARAGE %! 1 w I A „{ %D A Yµ SHEET TITLE: PROJECT DESCRIP'TLON: DRAWINGS PROVIDED BY: r 3 F OYiield Drafting Services s Bluth Residence 3507 W SCth S:o d . li 2413 Garman St MEnneapolEs, MN 55410 .E Garage Main Floor ?Ian Drano, MN 55391 (952)-454^275 9RFIELD DRAFTING SERVICES o ; C j R I Q i G.a (2) 2x10 HDR 3088 1• \ 24' 3' 28' %D A Yµ SHEET TITLE: PROJECT DESCRIP'TLON: DRAWINGS PROVIDED BY: r 3 F OYiield Drafting Services s Bluth Residence 3507 W SCth S:o d . li 2413 Garman St MEnneapolEs, MN 55410 .E Garage Main Floor ?Ian Drano, MN 55391 (952)-454^275 9RFIELD DRAFTING SERVICES 1 I I I i i I � N CO O I I i � i $068 I I i N — X a I � 2x10 HDI 5 N 0 M m (2) 2x10 HDR m wSHEET TITLE: PR03ECT DESCRIPTION: DRAWINGS PROVIDED BY: m Orfield Drafting Services I. Lo_ I Bluth Residence 3567 W 56th St i I I 2413 Carman St Minneapolls, MN 55416 '-d Gara94 Second Floor Plan Orono, MN 55391 (952)-4542705 aRF2E.➢ DRAFTSN6 SERVICES •. LO r I �` g r Skf=7rrm: �PAOJECTUP—SO]MION j P11AWthU5 PRGVT.DE:lOV I CrMei6 7rditl�9 SBfW-MG o NIx�nCirpolii, MN 53410G4�I Ib QwvftWa III 413 CJrnnln 5[ 1(952),&54-7.705 1 big: VLa w�rriwd :[�'lwk �nr+a,. Mna �5]F1 ? � Sl1i�iT TITLE �GT•�`t� 7ES�P:W1y�N: G�FAV11 f+'pGS RR®VIGE3i- �''': - a dluiA V4asi�x,ea [}ffl@i: nryRlnp Ser;es�5 35�G7 4V 5O4h S�t, .__.,;,., MlnnaapoliG, MN SSdi�O ods. �12ai3 C"1�44 p4fFP�nW I.�Prone, Cannan S� MM1'3M391 {'��}�54-'rliF�S 4�riL40 4�jr7Aws 3Fr�E4F[ A W � 3 lT N mC_ 4 3 1 W m � C1 nl ffi a Cbx O 3R R W N 3 cm A.0 t33 3 � {0 'a x T T M 3 C N ! N I WHEEL rn MORO !;)e9CATPII%l aVAWtr913S PPICMDnD ILr brfli#d ur*umg SmAmm. aux w s st, i w.��8� s; na 55410 I� Garegeslev8iv g (mrrgpena4n bmoprµA4* 91 (4$7�•�5q-7d5 d����d olilli�C iChriarl �" CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. A RESOLUTION APPROVING VARIANCES FROM MUNICIPAL ZONING CODE SECTIONS 78-1437 FILE NO. 16-3851 WHEREAS, Peter Marcus Bluth and Nell Marie Bluth, a married couple (hereinafter the "Applicants"), are the owners of the property mated at 2413 Carman Street and legally described as: Lots 1, 2, and 3, Block 2, NAVAR RE, according tb the recorded plat thereof, Hennepin County, Minnesota (hereinafter the "Property"); WHEREAS, on August 22, 2016 the City Council approved variances to Orono Municipal Zoning Code Section 78-1434 to allow a second story addition to the Applicants' existing garage, (hereinafter the "OAS") less than 30 feet.from the side and rear lot lines; and WHEREAS, the Applicants' intent was to install plumbing consisting of a toilet and sink (hereinafter the "Half Bath") in the OAS. WHEREAS, according to City Code 78-1437, plumbing is permitted within a conforming accessory structure Because the OAS does not meet the required setbacks it is considered non-confo ming; and WHEREAS, the Applicants are requesting a variance to City Code 78-1437 to permit installV on of a Half Bath within tt OAS; and WHEREAS, on September 19, 2016, after published and mailed notice in accordance with Minnesota Statutes and the City Code, the Planning Commission held a public hearing, at which time all persons desiring to be heard concerning this application were given the opportunity to apeak thereon; vid WHEREAS, on September 19, 2016, the Planning Commission recommended approval of the variar , and WHEREAS, on September 26, 2106, the City Council reviewed the application and the recommendations of the Planning Commission and City staff; and NOW, THEREFORE, BE IT RESOLVED that the City Council of Orono, Minnesota hereby approves the requested variance as described above based on one or more of the following findings of fact concerning the Property: CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. FINDINGS OF FACT: 1 This application was reviewed as Zoning pile #16-3861.The analysis contained within staff memos and the exhibits attached to the aforesaid memos, all minutes from the above mentioned meetings, and any and all other materials distributed at these meetings are hereby incorporated by reference. 2. The Property is located in the LR -1 C Zoning Distnct. 3. The Property contains 0.48 acres in area and has a defined lot width of 140 feet. 4. The Property is within Tier 2 and hardcover is limited to 30% according to the Stormwater Quality Overlay District. 5. Applicant has applied for the following variance: a. Installation of a Half Beth (plumbing) within a nonconforming OAS. 6. In considering this application for a variance, the Council has considered the advice and recommendation of the Planning Commission and the effect of the proposed variance upon the health, safety and welfae of the cm nunity, existing and anticipated traffic conditions, light and air, danger of fire, risk to the pi:bhc safety, and the effect on values of property in the surrounding area. ANAL S: 1. "Variances shall only be permitted when they are in harmony with the general purposes and intent of the ordinance ....". The garage is residential in nature. The proposed Half Bath within the second story addition of the nonconforming OAS will not adversely impact adjacent properties and will not be apparent from the exterior. The variances are in harmony with the Ordinance. The variance is in harmony with the Ordinance. 2. "Variances shall only be permitted .. . when the variances are consistent with the comprehensive plan." The variance resulting in a permit for plumbing improvements within a residential garage in a residential zone is consistent with the Comprehensive Plan. 3. "Variances may be granted when the applicant for the variance establishes that there are practical difficulties in complying with the zoning ordinance. `Practical difficulties,' as used in connection with the granting of a variance, means that: a. The property owner in question proposes to use the property in a reasonable manner, however, the proposed use is not pennitted by the official controls. CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. The request to permit installation of plumbing within the detached garage appears to be reasonable as the adjacent properties do not appear to be adversely impacted. b. The plight of the landowneris due to circumstances unique to his property not created by the landowner. The size of the garage, and the size and orientation on the Property were not the result of actions by the landowner. Plumbing is permitted within residential garages. c. The variance, if granted, will not aHer the essential character of the locality." The proposed plumbing within the garage will not alter the character of the neighborhood. 4. "Economic considerations alone do not constikte pracical difficulties." The Applicants have not requested approval based on economic considerations. 5. °Practical difficulties also include but are not limited to, inadequate access to direct sunlight for solar energy systems. Variances shall be granted ' for earth -sheltered construction as defined in Minn. Stat. § 216C.06, stabd. 2, when in harmony with Orono City Code Chapter 78." This criterion is not applicable. 6. "The board or the council may not permit as a variance any use that is not permitted under Orono City Code Chapter 76 for property in the zone where the affected person's land is located." The proposed improvements are residential in nature and are consistent with the residential zoning and the Comprehensive Plan. 7. `The board or couwt may permft as a variance the temporary use of a one -family dwelling as a two-family dwelling." This criterion is not applicable. B. "The spm conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property." The Property is a corner lot with a defined front yard on Shoreline Drive with the functional front facing Carman Street. The garage, constructed in 1975, is in a nonconforming location on the Property. The proposed plumbing improvements will not increase the nonconformity. 9. `The conditions do not apply generally to other land or structures in the district in which the land is located." The nonconforming location of the garage and the corner lot status make the Property unique in the neighborhood. CITY OF ORONO RESOLUTION OF THE CITY COUNCIL 10. "The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant." Staff finds this criterion to be met. 11. "The granting of the proposed variance will not in any way impair health, safety, comfort or morals, or in any other respect be contrary to the intent of this chapter." Granting the requested variances will not adversely impact health, safety, comfort, or morals; nor will it be contrary to the intent of the Code. 12. "The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty." The location and size of the garage create practical difficulties affecting the Property; the variance is necessary and not merely serve as a convenience to the Applicants. CONCLUSIONS, ORKIR AND CONDITIONS: Based upon one or more of the above findings, the Orono City Council hereby grants a variance from Orono Municipal Zoning Code Section 78-1437 to allow the installation of a Half Bath within the nonconforming OAS on the Property, subject to the following conditions: 1. Council approval is based on the bu flding plans submitted by the Applicants and annotated by City staff, attached to this Resolution as Exhibit A, hereinafter the "Plans Any amendments to the Plana which are not in conformity with City codes may require further Planning Commission and City Cound reviow. 2. Authorities granted by this resolution run with the Property not with the Applicants, but are permissive only and ictust. be exercised by obtaining a building permit for the new ot:�atruction and comneneing constructon of said project. A framing inspection must be completed within one year of the date of Council approval, or the variance will expire on that date (September 26, 2017). 3. By signing this Resolutwn, the Applicants agree and covenant in writing that the accessory building will not be: a. Used for a home occupation unless specifically approved by the city or if allowed by this Code. b. Used as a t1 gelling unless a guest house conditional use permit is obtained. c. Rented, leaSed or otherwise provided for use as a dwelling under any circumstances. CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 4. Violation of or non-compliance with any of the terms and conditions of this resolution shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 5. The undersigned Applicants have read, understand and hereby agree to the terms of this resolution and on behalf of the Applicants and the Applicants' heirs, successors and assigns, hereby agree to the recording of this resolution in the chain of title of the Property. ATTEST: ADOPTED by the Orono City Council on fts 26{" day of September, 2016. CITY OF ORONO: Diane Tiegs, City Clerk Lili Tod McMillan, Mayor Property Owner STATE OF MINNESOTA COUNTY OF HENNEPIN CITY OF ORONO RESOLUTION OF THE CITY COUNCIL R U9 Property Owner This instrument was acknowledged before me the day of , 2016, by Peter Marcus Bluth, husband of Nel Maw Bluth. Notary Public STATr OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me this day of , 2016, by, Nell Marie Bluth, wife of Peter Marcus Bluth. Notary Public I 4 I ! I I I I I I I I As. A I'j o w C m y m 5HEETTITLE: PROJECT DESCkPT[DN: DRAWINGS PROVIDED BY: i Orfield Drafting Services E Bluth Residence I E � 3507 W 50th 5t. i ds I Minneapolis, MN 55410 ! � 2413 Carman 5t �Orono, !, I Garage Second Floor Plan DRFIELD DllAFTIn6 SERYI[Es MN 55391 (952)-454-2705 I of Iyr %IEETTTLE ,. PtaDjcLT DM- N1*7r0N- DNAW114W MCIVID€b W 1++ Muth 1� "07 W 56fh S!-. I'alihfwmp[ldis; HN 554111 1� I 96va�4rrU Z1tI 4r4rM, Mn 56741 (.4521-45h270S GW ULI. 111ir9F�i TLIL4#[[i �tn ' W X T 3 y X c C% � � X a 0 a w m Es I a m 3 C en N N N a N r� 3 N C O 3 ^ , T TLE, PkOIM i]ESE17 PTIONi 'jORAWING4 5x'- it � fjrFrt� ".SfEP[iYrl," �LlVxvc r rn 5MCVLIDFB r * ¢y I MUM AVAflil 350Th' 'k%, I- S od � . Lis�{aVagacnAj - h{innhgpolle, ?7k _ $8aw 2413 (95�`-454-3705 :0s ;C(o Narri d •-[r.[Cr- .i . iircino !'MNSS14# i 01 NOTICE OF PLANNING COMMISSION ACTION CITY OF ORONO 2750 Kelley Parkway PO Box 66 Crystal Bay, MN 55323 952.249.4620 TO: Peter & Nell Bluth 2413 Carman St Wayzata, MN 55391 TYPE OF REQUEST: Variance DATE OF MEETING: 19 September 2016 ZONING FILE: 16-3851 DATE OF NOTICE: 19 Sept 2016 COPIES Peter Bluth via email: The Orono Planning Commission voted on a motion to recommend approval of the variance permitting plumbing within the accessory structure as requested contingent upon the property owner signing the plumbing within accessory structure covenant as noted within the staff memo. VOTE: 6 FOR 0 AGAINST Applicant's next meeting is tentatively scheduled as: Monday, September 26' This is a City Council meeting. The meeting begins at 7 PM If you desire certified copies of the official Planning Commission minutes, they are available from the City Clerk after review and approval by the Planning Commission. If you have questions, please contact Melanie Curtis at mcurtis@ci.orono.mmus or 952.249.4627. MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, September 19, 2016 6:30 o'clock p.m. ROLL CALL The Orono Planning Commission met on the above-mentioned date with the following members present: Chair John Thiesse, Commissioners Bruce Lemke, Denise Leskinen, Chad Olson, Loren Schoenzeit and Jon Schwingler. Representing Staff were Community Development Director Jeremy Barnhart, Senior Planner Michael Gaffron, City Planner Melanie Curtis, and Recorder Jackie Young. Council Member Lizz Levang was present. Mayor McMillan arrived at 6:55 p.m. Chair Thiesse called the meeting to order at 6:30 p.m., followed by the Pledge of Allegiance. Chair Thiesse noted Item No. 4 has been removed from tonight's agenda at the request of the applicants NEW BUSINESS 1. APPROVAL OF PLANNING COMMISSION MEETING MINUTES OF AUGUST 15, 2016 Leskinen moved, Olson seconded, to approve the minutes of the Orono Planning Commission meeting of August 15, 2016, as submitted. VOTE: Ayes 6, Nays 0. 2. #16-3851 PETER BLUTH, 2413 CARMAN STREET, VARIANCE, 6:32 P.M. — 6:35 P.M. Peter Bluth, Applicant, was present. Curtis stated the City Council recently approved variances allowing a second story addition over the existing detached garage, which is a nonconforming oversized accessory structure. There were a number of plan revisions between the initial submission and final plans for approval. In the revision process, the bathroom fixtures originally proposed in the detached garage upstairs were inadvertently removed from the plans. Staff also missed this omission. The applicants do wish to install a half bath in the upper level of the detached garage. An oversized accessory structure must meet a minimum of a 30 -foot setback from all property lines. Plumbing may be installed within a conforming accessory building via an administrative plumbing permit, but because the required 30 -foot setbacks are not met, a variance is necessary to permit plumbing within the structure. Staff finds that the nonconforming location of the oversized garage constitutes a practical difficulty with respect to making any typical residential improvements such as plumbing. The Planning Commission may wish to discuss the practical difficulty analysis contained in Staff's report. Staff recommends approval of the variance as requested. Staff would also suggest the applicant apply a recorded covenant which states that the accessory building will not be: 1 Used for a home occupation unless specifically approved by the City or if allowed by this Code. 2. Used as a dwelling unless a guest house conditional use permit is obtained. MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, September 19, 2016 6:30 o'clock p.m. 3. Rented, leased or otherwise provided for use as a dwelling under any circumstances. Such covenant shall be binding on current and future property owners and shall be filed in the chain of title of the property. Thiesse asked whether the City has a standard form relating to the covenant. Curtis indicated standard language would be included in the language of the resolution. Peter Bluth, Applicant, stated they removed the bathroom due to cost and then put it back in. Bluth stated they would like to improve the functionality of the garage. Thiesse asked if the size of the room is the same. Curtis stated the room size is consistent with what was originally shown but the bathroom fixtures had been removed. Thiesse commented it appears the room is large enough for a bathtub. Thiesse asked if the applicant plans to come back later to request a bathtub. Bluth stated that is just the way the room fits in the building and that he has no intention of putting in a bathtub. Chair Thiesse opened the public hearing at 6:35 p.m. There were no public comments regarding this application. Chair Thiesse closed the public hearing at 6:35 p.m. Schwingler moved, Schoenzeit seconded, to recommend approval of Application No. 16-3851, Peter Bluth, 2413 Carman Street, granting of a setback variance and to allow plumbing within the existing nonconforming oversized accessory structure subject to Staff recommendations. VOTE: Ayes 6, Nays 0. 3. #16-3859 ROBERT GUMNIT AND FRANCES GRAHAM, 1100 OLD CRYSTAL BAY ROAD SOUTH, CONDITIONAL USE PERMIT, 6:36 P.M. — 6:39 P.M. Robert Gumnit, Applicant, was present. Curtis stated the owners of the property would like to modify the existing two-story tack building to include a full bathroom so that it can serve as a caretaker's quarters. According to the code, it would be considered a guest house. The property consists of over nine acres in area, so therefore a guest house is permitted via a guest house conditional use permit. The lot is considered a lakeshore property. Therefore the location of the tack building between the home and the street is conforming. The guest house would be within the 999 square foot building footprint and the required setbacks are also conforming. Date Application Received: 07/18/16 Date Application Considered as Complete: 07/28/16 120 -Day Review Period Expires: 11/25/16 To: Chair Thiesse and Planning Commission Members Jessica Loftus, City Administrator From: Melanie Curtis, Planner WGG Date: 13 September 2016 Subject: #16-3851, Peter Bluth, 2413 Carman Street Variance Public Hearing Application Summary: The applicant is requesting to install plumbing within the existing nonconforming oversized accessory structure on the property. Staff Recommendation: Planning Department Staff recommends approval. List of Exhibits Exhibit A. Application Exhibit B. Proposed Survey/Site Plan Exhibit C. Proposed Plans and Elevations Exhibit D. Applicable Code Sections Exhibit E. 60 -Day Extension Exhibit F. Aerial Photos Exhibit G. Property Owners List Exhibit H. Plat Map Background The Council, on August 22nd, approved variances allowing an upward expansion of the existing non -conforming oversized accessory structure (OAS). There were a number of plan revisions between initial submittal and final plans for approval. In the revision process the bathroom fixtures were inadvertently removed from the plans; staff also missed this omission. The applicants wish to install a half bath in the upper level of the detached garage. Because the existing OAS is nonconforming with respect to setbacks a variance from Section 78-1437 is required. Applicable Regulations: Plumbine in a Nonconformine Accessory Structure Variance (Code Section 78-1437) An OAS must meet a minimum of a 30 foot setback from all property lines. Because the required 30 -foot setbacks are not met, a variance is necessary to permit plumbing within the OAS. Governing Regulation: Variance (Section 78-123) In reviewing applications for variance, the Planning Commission shall consider the effect of the proposed variance upon the health, safety and welfare of the community, existing and FILE # 16-3851 13 Sept 2016 Page 2 of 3 anticipated traffic conditions, light and air, danger of fire, risk to the public safety, and the effect on values of property in the surrounding area. The Planning Commission shall consider recommending approval for variances from the literal provisions of the Zoning Code in instances where their strict enforcement would cause practical difficulties because of circumstances unique to the individual property under consideration, and shall recommend approval only when it is demonstrated that such actions will be in keeping with the spirit and intent of the Orono Zoning Code. Economic considerations alone do not constitute practical difficulties. Practical difficulties also include but are not limited to inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth -sheltered construction as defined in Minn. Stat. § 216C.06, subd. 2, when in harmony with this chapter. The board or the council may not permit as a variance any use that is not permitted under this chapter for property in the zone where the affected person's land is located. The board or council may permit as a variance the temporary use of a one -family dwelling as a two-family dwelling. According to MN §462.537 Subd. 6(2) variances shall only be permitted when: 1. The variance is in harmony with the general intent and purpose of the Ordinance. The garage is residential in nature. The proposed half bath within the second story addition of the nonconforming OAS will not adversely impact adjacent properties and will not be apparent from the exterior. The variances are in harmony with the Ordinance. The variance is consistent with the comprehensive plan. The variances resulting in a permit for plumbing improvements within a residential garage in a residential zone is consistent with the Comprehensive Plan. The applicant establishes that there are practical difficulties. a. The property owner proposes to use the property in a reasonable manner not permitted by the official controls; The request to permit installation of plumbing within the detached garage appears to be reasonable as the adjacent properties do not appear to be adversely impacted. b. There are circumstances unique to the property not created by the landowner; The size of the garage, and the size and orientation property were not the result of actions by the landowner. Plumbing is permitted within residential garages; and c. The variance will not alter the essential character of the locality. The proposed plumbing within the garage will not alter the character of the neighborhood. Additionally City Code 78-123 provides additional parameters within which a variance may be granted as follows: 4. The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property. The applicant's home is a corner lot with a defined front yard on Shoreline Drive with the functional front facing Carman Street. The garage, constructed in 1975, is in a nonconforming location on the property. The proposed plumbing improvements will not increase the nonconformity. 5. The conditions do not apply generally to other land or structures in the district in which the land is located. The nonconforming location of the garage and the corner lot status make this property unique in the neighborhood. 6. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. Staff finds this criterion to be met. FILE # 16-3851 13 Sept 2016 Page 3 of 3 7. The granting of the proposed variance will not in any way impair health, safety, comfort or morals, or in any other respect be contrary to the intent of this chapter. Granting the requested variances will not adversely impact health, safety, comfort, or morals; nor will it be contrary to the intent of the Code. 8. The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty. The location and size of the garage create practical difficulties affecting the Property; the variance is necessary and does not merely serve as a convenience to the Owner. The Commission may recommend or Council may impose conditions in granting of variances. Any conditions imposed must be directly related to and must bear a rough proportionality to the impact created by the variance. No variance shall be granted or changed beyond the use permitted in this chapter in the district where such land is located. Septic System Status The property is served by city sewer. Practical Difficulties Statement Applicant should be asked for testimony regarding the practical difficulties. Practical Difficulties Analysis Staff finds that the nonconforming location of the OAS (garage) constitutes a practical difficulty with respect to making any typical residential improvements such as plumbing. Public Comments To date, no public comments were received. Issues for Consideration 1. Does the Planning Commission find that that the property owner proposes to use the property in a reasonable manner which is not permitted by an official control? 2. Does the Planning Commission find that the variance(s), if granted, will not alter the essential character of the neighborhood? 3. Does the Commission find it necessary to impose conditions in order to mitigate the impacts created by the granting of the requested variance(s)? 4. Are there any other issues or concerns with this application? Planning Staff Recommendation Staff recommends approval of the variance as requested. Staff would also suggest the applicant apply a recorded covenant which states that the accessory building will not be: 1. Used for a home occupation unless specifically approved by the city or if allowed by this Code. 2. Used as a dwelling unless a guest house conditional use permit is obtained. 3. Rented, leased or otherwise provided for use as a dwelling under any circumstances Such covenant shall be binding on current and future property owners and shall be filed in the chain of title of the property. City of Orono Variance Application 5treetAddress: Application # Kelley Parkway Orono, MN 55356 Date Received: Staff Main: 952-249-4600 fax: 952-249-4616 Fee: Mailing Address: Escrow # & $ P.O. Box 66 Crystal Bay, MN 55323-0066 Permit Fee I Notes: Please complete. Applicant will be notified within 15 days as to the status of the application. Incomplete applications will not be placed on Planning Commission Agenda. SITE LOCATION: --4 13 Ct-V -nAC," `r- DESCRPTION OF REQUEST:��s` �cv t't� rvultiw9 9&*C'1P- Wlkr-k"., am, IiV4t ci ra��m rxd�c� +i,,., (attached additional sheefs as necessary) APPLICANT 1 AGENT INFORMATION: Applicant Name: ( pro i� Phone (Primary): 352,-'1 Applicant Email: Address: '-, 113 Gr.rromu ' 5tCity: Oebvlo zip: Applicant is: Contractor (Circle One) PROPERTY OWNER INFORMATION: Xcheck here if property owner is same as applicant Name: Phone (Primary): Mailing Address: City: ZIP: Email: APPLICANTIAGENT AND/OR OWNER: • Agree to provide all information required or requested by the Planning Department, • Agree to pay additional fees (staff time not covered in the original fee payment) and/or consultant expenses incurred in review of this application, and • Certify that the information supplied is true and correct to the best of his/her knowledge. The applicant and owner recognize that they are solely responsible for submitting a complete application being aware that upon failure to do so, the staff has no alternative but to reject it until It is complete or to recommend the request for denial of the request regardless of its potential merit • Acknowledge the Escrow Agreement is completed and signed. • The Owner hereby acknowledges and agrees to this application and further authorizes reasonable entry onto the property by City Staff, consultants, agents, Commission and Council Members for purposes of investigation and verification of this request. • Owner and/or Applicant acknowledge they must be present at all scheduled review meetings of the Planning Commission and Council. If an applicant and/or owner is unable to attend a scheduled meeting, please make arrangements to have an authorized representative attend in place of the applicant/owner and advise the City Planner assigned to your project. ApplicanttAgent Signature: _ Date: oo 3MA%'P Applicant/Agent Signature: Date: Property Owner Signature:Date: (b 7,0W,-1 Property Owner Signature: Date: RFCFIVFI� Variance Application — May 2016 Page 2 # 3851 JUL 18 2016 CITY OF ORONO - d2' e 9c�6'L�4 yY dO. i a' wEsl - jJ .---TIMBER FENCE 16 GOBI FS5.3 Ix 655.0 x 054.204 G60.0 Y1 933u i e �itila ^ `r• i 957.8 1 l .95 NJA d18Elsy T' iL 9611 E0&0 54T 951. o'' a � 9�9111.3dPo,5 l.a , 1 11 L.OT 27 FC bBu LUT' }l-osay-asa-�-mei 1 �Iu 9559 LD l75 _ + x G51& YY W xB �' �q�r tI • W6.] •955.3 i� �T 65APN \ 991.4 V l��8'5�.0 910.8 BStlA SIE&I p56,p 95 9564 L GRD OE 1 rf 96&4 %B-0 -ILEI p 9549 969.] x 'g4 G661f, `, (II 'Ili1 /1 r2 (m .9 -.F_ xm y - ________ ___ _ � p •96&9 r-1 � - x959A51 tai oc L `i� fti w� 1 4W1 . 111I vl s 961. ,.4� 1 ,g •, 9 :� m w �G r Y. I I fV f.OT 1 N i��7 mea a t' /' 2`1,3 .`,+i / r�'3 �(�if 955a .9567 1`) j '13'�TCA '� Q7' Tom ' _ •_ / WET LDT s✓ I - 9 53tl 95Y3 LOT 3 13 T F ` . L 95&2 - GARAGE i I 02 JSr 967 a (PRro°sEP GPA9E t ih w I I d56,a ID ugE mE T, \ 959.1 6WrPRINTJ = sg I 96q 4 R i x 9526 f m 3 y 28.1' 30 F ¢4¢ �r' ! / : �1 I g4 m ] WV/ a3 # T i- 4x952.J� 991.5 I950.9 - - FENCE6� 96��' y � n BS1.2 �89°44'52'40.54 (140.110 PLAT) UNABLE TO LOCATE p 6526 CORNER -UNDER r DOCK EQUIPMENT EXISTING LOT 24 r GARAGE LNC P .07M_LEANNG �II �y I LOT 2.7 10. 5 K I II 1 I I '1 USE (INCLUDING COPYING, DISTRIBUTION. AHDIDR Ih-b cedtfy Wd Wlv y, plco-Ee tares 7SYPM'ed by D'A:O[L'Ad.IIy dlltx:e:.•Puvldlaa mid 11161 Lem a duly L. -.W ® CATCH BASIN JIRNB EMW B2STL16 REVL9ED SETBACI(S• COI4VEYANCE OF INFORMATIOM)OFTHIS PRODUCTIB STRICTLY PROHIBOED WRHWTBAT19i68EROgU[gT, bNC,'e EXPRESBwST.AUTHORWTKIN.1/BEW60101fT8A6 AI.'HORIZATION CONSTITUTES AN ILLEGITIMATE USE ANO SHA1L THEREBY INDEMNIFY SATHREeEROOUIST, LNC. OF ALL RENIPONBlBILRY. SATHRE-BEROgU87. WC. RESFAVEB THE RIGHT TOLANY ILLEGITWATE USER OR PAR^! LEGALLY RESPONSIBLE FOR DAMAGES OR LOSSES RESULTING FROM ILLEOITIMATE USE T"°yawIhe more cf the SMte aFMihit�da. D,Ledlbll dayaFJ ZOIA 5 1 I Q°vM H. PeIIbeJIeD, PLS Mimvs°� Lkme N°.40344 pardheam�®ODe.apm tkRe IURy A Ey SATHRE- ERGQUIST, INC. e TSD SOUTH BROADWAY wnYZA.'A MN. ssDeT (Bsz) aTa.B000 N q VVWW.SATHRE.COM P �'f-R8 DRAWN 2 EMW 8197!2:16 REWBED FRONT SIDEWALK. HARDCOVER EMW RNECI�q OBP BATE l ® 06-0]-56 O DESCRIPTION OF PROPERTY S E RV RYRD Lw 1, 2, mA3, Rkck2, NAVARRE, I mNina m the -.6d pl.lhuenf, He M..c.pry, ilim7pla 2) SII, Asidl-WJ CII- Sheel,Omm, Mimembs5M9L S) FI InWraraBde:Thi, pagmty app win Us mZm° R(Ams amid: the l-puoc°L ennml• flaadplaq nese of l%me�d w0.9 Deer Dmding whameuprega dmd. ata lora ft. 1 fb.L armsdf I% -.al III- mrd miII,B whore Lb. .-.b-gd W- h kr, dun I m- mik,« ms pI t S*d Nom the I%a 1cb®m flead by Inem. Na Bae Pkad Plmede n depth sin andwn within IN, mea. 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BUILDING SETBACK UNE d FLARED EMD SECTION M ELECTRIC TRANWORMEL CABLE TV N GATE VALVE m ELECTPoC MANHOLE CONCRETE CURB < GUY WIREm ELECTRIC METER O CONCRETE V HYDRANT ® GAS ME.rER �+te'J- CONTOUR OUSTING O SURVEY MONUMENT SET ® GAS VALVE CONTOUR PROPOSED w SURVEY MONUMENT FOUND GUARD RAIL - °, - DRAIN TRE SURVEY CONTROL POINT III HAND HOLE -DC- ELECTPoC UPIDERGROUMD [7 LIGHT POLE SOIL 1-0 FENCE ''O., POWER POLE TREE CONIFMW3 - FO- FIBER OPTIC Lh9DERCROLHD ® SANITARY MANHOLE C3 TREE DECIDUOUS ora GAS UNDERGROUND Q SAJNTARY CLEANOUT 0) TELEPHONE MANHOLE -a'- OVERHEAD UTILITY v SIGN M TELEPHONE PEDESTAL HHH4H+HHH{4 RAILROAD TRACKS _s GROUND ELEVATOR s® TRAFFIC SIGNAL -a- SANITARY SEWER STORW DRAIN ® VnUTY MANHOLE STORM SEWER ® STORM MANHOLE M UTIUTY PEDESTAL -T0.- TELEPHONE UNDERGROUND YARD uaN- ® wF1 mr- UTILITY UNDERGROUND I - WATERYAIN 3-SEC20 RLE NO. Draw CERTIFICATE OF SURVEY W sly 10127-001 PREPARED FOR: '� PETER BLUTH 1 - _ T• = f.= - � .[1r�r .tee - �. -. ',:1: - - � - SHORELINE DIE VE HIGHWAY EASEMENT TO N89°43'59"E 140.53 (140.00 PLAT) HENNE:PIN COUNTY PER DOC. NO. 1940782 1 957.9 957.4 956.7 955.8 954.8 9:: 4. 953.7 ! CITY SIDEWALK TNH= 1 958.4 957.3 956.9;OE954.9 953,8955.3 9S�' I RBR 959.2 957.9 i T 9'�,� 5� 9 x M957.2 x 55.8 - x x 95 I x 954 0 j W RBR ;T 961.4 m 1 '14 � I k ----TIMBER FENCE i �`. 30 �' 959.11 f 955.3 I x 954.6 x 954.2 I 954.0 953.4 xo 961.3 h 957.7 I x (A x 954.1 FND CHISELED � F, �, 957.6 1 1 n �Pa �h cr h ) 955.5 955.1 955.0 954.7 1 954.4 961.3 �irO h�h1 x 1 �' 953.8 i 953 8 Ls ' n U ch 961.1 1 �. LU1 i }Y I 1 953.9 o co J x 955.5 954.7 x 955.3 x 955.3 1 954.0'' x ! 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E95Z�.3 �`i � h DHU 953.3 53 9 Ln D cV' x 958.7 ��� Q �C+ c\� G w��1,lqao OFrU A �0�-J0�9 s¢f�Ln f �' � �P.�WAS-���rn 952.4 95�n 15 g 9 _ 95 4.2 g5 28.1 cc) 95 955.2 954.4 953 6 952.3 it ED u7 GFE= rn I 1 I N LOT 3 956.0 , `g� w i i 3 ��� ssl.7 9e.9 95ao Iw `° x�r - EXISTING Of I cn / 95 �95� 961.5 958.2 GARAGE j z o a�'� ��__(953.4lip 61.6 ��1L BSL E356in: O .:5>-" - Z -- BSEP ET5BL- L SSBL Jq� I of 967 7ar I (PROPOSED GARAGE 0 S N w �_ a o L 958.0 TD USE THE SAME Z I u�] m I ao ID co FOOTPRINT)U) 1 , w Q T/960.2 959.1 y o w I h x 952.8 3 Lo 6 i 1 30 ___ 28.4_ 958. � 28,1 N 964.2 961.5 J .3 --- 955.6 1(�1 95.3 U5cn I 9 Q uaOf I 95511 ) 1 1 954.1 x 952.7 a) to Lo 951.5 rn I I 954.9 j 964.1 96'. x x 9- g5 4 � - x 953.2 963.8 99.1 1, CHAIN FENCE i li m �, 589 44 5 W 140.54 (140. QO PLAT) / SELm Ib 954.0 952.6 N } N EXISTING GARAGE %! 1 w I A „{ %D A Yµ SHEET TITLE: PROJECT DESCRIP'TLON: DRAWINGS PROVIDED BY: r 3 F OYiield Drafting Services s Bluth Residence 3507 W SCth S:o d . li 2413 Garman St MEnneapolEs, MN 55410 .E Garage Main Floor ?Ian Drano, MN 55391 (952)-454^275 9RFIELD DRAFTING SERVICES o ; C j R I Q i G.a (2) 2x10 HDR 3088 1• \ 24' 3' 28' %D A Yµ SHEET TITLE: PROJECT DESCRIP'TLON: DRAWINGS PROVIDED BY: r 3 F OYiield Drafting Services s Bluth Residence 3507 W SCth S:o d . li 2413 Garman St MEnneapolEs, MN 55410 .E Garage Main Floor ?Ian Drano, MN 55391 (952)-454^275 9RFIELD DRAFTING SERVICES 1 I I I i i I � N CO O I I i � i $068 I I i N — X a I � 2x10 HDI 5 N 0 M m (2) 2x10 HDR m wSHEET TITLE: PR03ECT DESCRIPTION: DRAWINGS PROVIDED BY: m Orfield Drafting Services I. Lo_ I Bluth Residence 3567 W 56th St i I I 2413 Carman St Minneapolls, MN 55416 '-d Gara94 Second Floor Plan Orono, MN 55391 (952)-4542705 aRF2E.➢ DRAFTSN6 SERVICES •. LO r I �` g r Skf=7rrm: �PAOJECTUP—SO]MION j P11AWthU5 PRGVT.DE:lOV I CrMei6 7rditl�9 SBfW-MG o NIx�nCirpolii, MN 53410G4�I Ib QwvftWa III 413 CJrnnln 5[ 1(952),&54-7.705 1 big: VLa w�rriwd :[�'lwk �nr+a,. Mna �5]F1 ? � Sl1i�iT TITLE �GT•�`t� 7ES�P:W1y�N: G�FAV11 f+'pGS RR®VIGE3i- �''': - a dluiA V4asi�x,ea [}ffl@i: nryRlnp Ser;es�5 35�G7 4V 5O4h S�t, .__.,;,., MlnnaapoliG, MN SSdi�O ods. �12ai3 C"1�44 p4fFP�nW I.�Prone, Cannan S� MM1'3M391 {'��}�54-'rliF�S 4�riL40 4�jr7Aws 3Fr�E4F[ A W � 3 lT N mC_ 4 3 1 W m � C1 nl ffi a Cbx O 3R R W N 3 cm A.0 t33 3 � {0 'a x T T M 3 C N ! N I WHEEL rn MORO !;)e9CATPII%l aVAWtr913S PPICMDnD ILr brfli#d ur*umg SmAmm. aux w s st, i w.��8� s; na 55410 I� Garegeslev8iv g (mrrgpena4n bmoprµA4* 91 (4$7�•�5q-7d5 d����d olilli�C iChriarl �" Sec. 78-1437. - Plumbing. Because the provision of plumbing fixtures and wastewater plumbing in accessory buildings has the potential to allow such buildings to be used as dwelling units, and because it is the policy of the city to limit residential development density to the allowed densities within the respective zoning districts, plumbing in accessory buildings shall be regulated as follows: (1) The provision of outside sillcocks and indoor water supply shall be allowed in any accessory building that is conforming in location, size and height. (2) Installation of any combination of fixtures requiring wastewater plumbing that does not include a shower or bathtub shall be allowed in any accessory building that is conforming in location, size and height with, subject to provision of municipal sanitary sewer or a conforming sewage treatment system designed to handle the anticipated flows from such fixtures, and subject to the property owner's executing a covenant providing that the accessory building will not be: a. Used for a home occupation unless specifically approved by the city or if allowed by this Code. b. Used as a dwelling unless a guest house conditional use permit is obtained. c. Rented, leased or otherwise provided for use as a dwelling under any circumstances. (3) Installation of any combination of fixtures requiring wastewater plumbing that includes a shower or bathtub shall be allowed only in an accessory building that is conforming in location, size and height and which meets one of the following criteria: a. The accessory building has been approved for a guest house conditional use permit; or b. The accessory building has been approved for a bathtub or shower in accessory building conditional use permit. (Ord. No. 179 2nd series, § 1, 10-12-1998; Ord. No. 45 3rd series, § 11, 2-25-2008) Page 1 13 September 2016 CITY OF ORONO Street Address: Mailing Address: Telephone (952) 249.4600 2750 Kelley Parkway P.O. Box 66 Fax (952) 249-4616 Orono, MN 55356 Crystal Bay, MN 55323 www.d.orono.mn.us Peter Bluth SENT VIA EMAIL 2413 Carman St Wayzata, MN 55391 SUBJECT: Zoning Applicadon #16-3851 On July 28, 2016 your variance application for the property at 2413 Carman Street was considered to be complete. Your application was approved by the City Council on Monday, August 22"d. Because the plumbing element of your request was overlooked and an additional public hearing is being held on September 191h with final Council approval on or after September 26th; the current deadline for City action on your application of September 26th is being extended by an additional 60 -days. Please note that pursuant to Minn. Stat. § 15.99, subd. 3(f) the time period for action on this application is hereby extended until November 25, 2016. Your application is still scheduled to be before the Planning Commission for their review on September 190 Please contact me at 952.249.4627 or rncurUs@ci.orono.mn.us if you have questions on this matter. The Planning Commission agenda and staff report will be mailed/emailed to you at the end of this week. Sincerely, CITY OF ORONO Melanie Curtis Planner c: Peter Bluth 1*0 MI 11 F � � Oblique facing East tb&J RUN DATE: 07!18!2016 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM (PROPERTY OWNERS LIST) PAGE: 1 38 17-117-23 34 0012 38 17-117-23 43 0113 38 20-117.23 12 0016 R H& N M HARDING SHORELINE-NAVARRE LLC M P MALIK & 1 D MALIK 2389 BLAINE AVE 3542 SHORELINE DR 2469 CARMAN ST ORONO MN 55391 ORONO MN 55391 03ONOMN 5539, ROBERT H HARDING SHORELINE-NAVARRE LLC MICHAEL P & JANET D MALIK 2391 BLAINE AVE CIO LNR PROPERTIES 2469 CARMAN ST WAYZATA MN 55391 319 BARRY AVE SSTE 301 WAYZATA MN 55391 WAYZATA MN 55391 38 17-117-23 34 0047 38 17.1.7.23 43 0114 38 20-117-23 120019 R & N HARDING LOWELL R ZITZLOFF B OLSZEWSKI & D OLSZEWSKI 38 ADDRESS UNASSIGNED 3502 SHORELINE DR 3580 FREDERICK ST ORONO MN 00000 ORONO MN 55391 ORONO MN 5539! ROBERT H HARDING LOWELL R ZITZLOFF BRENDAN OLSZEWSKI 2394 BLAINE AVE 319 BARRY AVE S 4301 DENISE OLSZEWSKI WAYZATAMN 55391 WAYZATA MN 55391 3580 FREDERICK ST WAYZATAMN 55391 38 17-'.17-23430100 38 17-117-23 43 0149 38 20-117-23 12 0020 RUBY L LINDBLAD R L& G H PLAISTED JEREMY A STEWART/M L STEWART 3505 LYRIC AVE 3574 SHORELINE DR 2474 CASCO POINT RD ORONO MN 55391 ORONO MN 55391 ORONO MN 55391 RUBY L LINDBLAD THOMAS & CARRIE MICHAUD JEREMY A STEWART 3505 LYRIC AVE 6652 LINWOOD DR NE MAGGIE L STEWART WAYZATA MN 55391 ALBERTVILLE MN 55301 2474 CASCO POINT RD WAYZATA MN 55391 38 17-117-23 43 0101 38 17-117-23 43 0151 38 20-117-23 12 0021 PAUL BOWMAN & BARBARA BOWMAN LEIS IN GRACE LLC JANET E ROBERTS 35.3 LYRIC AVE 3572 SHORELINE DR 2454 CASCO POINT RD ORONO MN 5539! ORONO MN 5539'- ORONO MN 55391 PAUL BOWMAN & BARBARA BOWMAN CYNTHIA RYSAVY JANET E ROBERTS 8272 STONE CREEK DR PO BOX 5 2454 CASCO POINT RD CHANFASSEN MN 55317 NAVARRE MN 55392 WAYZATA MN 55391 38 17-117-23 43 0102 38 17-117-23 43 0155 38 20-117-23 120022 TAMMY RAE LILJENQUIST SKYT PROPERTIES LLC S P J SKORO 3525 LYRIC AVE 3496 SHORELINE DR 2428 CASCO POINT RD ORONO MN 55391 ORONO MN 55391 ORONO MN 55391 TAMMY RAE LlLJENQUIST SKYT PROPERTIES STEPHEN J & JEAN K SKORO 3525 LYRIC AVE 3496 SHORELINE DR 2428 CASCO PT RD WAYZATA MN 55391 WAYZATA MN 55391 WAYZATA MN 55391 38 17-117-23 43 0103 38 20-117-23 12 0011 38 20-117-23 12 0023 DONNA M LIEN PETER M BLUTH JAMES M GASCH 3541 LYRIC AVE 2413 CARMAN ST 2408 CASCO POINT RD ORONO MN 55391 ORONO MN 55391 ORONO MN 55391 DONA M !LIEN) GLEASON PETER M BLUTH JAMES M GASCH 3541 LYRIC AVE 2413 CARMAN ST 2408 CASCO POINT RD WAYZATA MN 55391 WAYZATA MN 55391 WAYZATA MN 55391 38 Z7-117-23430104 38 20-117-23 12 0012 38 20-117-23 12 0024 ASHLEY ANN GROVER NATHAN W BOUTANG PAUL F HUBER 3551 LYRIC AVE 2431 CARMAN ST 2400 CASCO POINT RD ORONO MN 5539, ORONO MN 55391 ORONO MN 55391 ASH' -EY ANN GROVER NATHAN W BOUTANG PAUL F HUBER 3551 LYRIC AVE 2431 CARMAN ST 520 2ND ST WAYZATA MN 55391 WAYZATAMN 5539. EXCELSIOR MN 55331 38 17-.17-23430105 38 2G-117-23 12 0013 38 20-117-23 12 0027 THOMAS D WEBER TRUSTEE JULIE A GATEHOUSE W E EDWARDS & D M EDWARDS TR 3559 :,YRIC AVE 2443 CARMAN ST 2474 CARMAN ST ORONO MN 55391 ORONO MN 55391 ORONO MN 55391 THOMAS D WEBER TRUSTEE JULIE A GATEHOUSE WARD E EDWARDS 3559 LYRIC AVE 2443 CARMAN ST DONNA M EDWARDS WAYZATA MN 55391 WAYZATAMN 55391 2474 CARMAN ST WAYZATA MN 55391 38 17-117-23 43 0106 38 20.117-23 12 MR 38 20-117-23 12 0050 THOMAS A HAUGAN J P BLUTH & JOANN M BLUTH RICHARD EDWARDS REV TR ET AL 3585 LYRIC AVE 2447 CARMAN ST 38 ADDRESS UNASSIGNED ORONO MN 55391 ORONO MN 55391 ORONO MN 00000 THOMAS A HAUGAN JOSEPH P BLUTH RICHARD A EDWARDS TRUSTEE 3585 LYRIC AVE JOANN M BLUTH 2480 CARMAN ST WAYZATA AIN 55391 2201 DREAM DR W WAYZATA MN 55391 NORTH MANKATO MN 56003 38 17-117-23 43 0107 38 20-117-23 12 0015 38 20-117-23 12 0058 PATRICIA A DONGOSKE RYAN P SCHULTZ GREGORY REEP & SALLY RESP TR 3596 SHORELINE DR 2455 CARMAN ST 2440 CARMAN ST ORONO MN 5539! ORONO MN 55391 ORONO MN 55391 PAUL F JOHNCOX CHIEF MANAGER RYAN PATRICK SCHULTZ REEP FAMILY TRUST A PLUS PROPERTIES LLC 2455 CARMAN ST 2440 CARMAN ST 3596 SHORELINE DR WAYZATA MN 55391 WAYZATA MN 55391 WAYZATA MN 55391 RUN DATE: 0 711 812 01 6 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM (PROPERTY OWNERS LIST) PAGE: 2 38 20-117-23 f2 0059 NANCY B PALMER TRUST 2450 CARMAN ST ORONO MN 55391 MARK T PALMER NANCY B PALMER 2450 CARMAN ST WAYZATAMN 55391 38 20-',17-23120061 CITY OF ORONO 38 ADDRESS UNASSIGNED ORONO MN 00000 CITY OF ORONO P0BOX 66 CRYSTAL BAY MN 55323 38 20-117-23 12 0062 GREGORY REEP TRUST ET AL 38 ADDRESS UNASSIGNED ORONO MN 00000 REE? FAMILY TRUST 853 WIGET LANE WALNUT CREEK CA 94598 38 20-!17-23 12 0064 MARCUS A & CONSTANCE M MERZ 2414 CARMAN ST ORONO MN 55391 MARCUS A & CONSTANCE M MERZ 24!4 CABMAN ST WAYZATA MN 55391 38 20.117-23 12 0065 E J MERCER & J D MERCER 2490 CARMAN ST ORONO MN 55391 ERIC J MERCER JEREMIE D MERCER 2420 ZIRCON LA N PLYMOUTH MN 55447 38 20-117-23 12 0066 J K JARNES & J M JARNES 2470 CARMAN ST ORONO MN 55391 JEFFREY & JACQUELINE JARNES 2470 CARMAN ST WAYZATA MN 55391 38 20-117-23 21 0028 N W BELL TELEPHONE CO 3605 SHORE .:NE DR ORONO MN 55391 CENTURY L1NK ATTN PROPERTY TAX PO BOX 2599 OLATHE KS 66063 38 20-117-23 21 0029 ST EVAN J & DEBRA J WAGNER 3607 SHOREIANE DR ORONO MN 55391 STEVAN J & DEBRA, WAGNER 5440 MORNINGVIEW CT MOUND MN 55364 Hennepin County has developed electronic forms of certain property information databases, Hennepin County :rakes reasonable efforts to produce and aubiish the most current property information available. ne viewer should understand, however, that Hennepin County makes no representation or wa7anties, either express or implied, or as to merchantability or fitness for a particular purpose regarding the accuracy and/or completeness of the information contained herein. # 3851 RECEIVED JUL 1 b 7018 CITY OF ORONO Hennepin County Locate & Notify Map Provided By: Resident and Real Estate Services Date: 7/18/2016 (51) jM 1491 (11) J471 (46) (46) (44) (43� (70) (08) 06) (11) (157) (741 17=117-23=34 –17-1-17-23-43 (44) (46) rn r i 13� \I IpEi 20-117 -jix' — I (43) M? F,1-1 —7- !§--If -2- 'F� 20-1,17-23-21 20-117-23-1.2 Buffer Size: 350 feet Map Comments: 2413 Carman Street Orono MN 55391 20-117-23-12-0011 %Pj I 11w, RECEIVED JUL I b 201h CITY OF ORONO M (156) (871 1 M. Is 0 60 120 240 ft For more information contact: Hennepin County GIS Office 300 6th Street South Minneapolis, MN 55487 gis.info@hennepin.us #3851 WEi lkw kill" % 414i) (poll 1119) -jix' — I (43) M? F,1-1 —7- !§--If -2- 'F� 20-1,17-23-21 20-117-23-1.2 Buffer Size: 350 feet Map Comments: 2413 Carman Street Orono MN 55391 20-117-23-12-0011 %Pj I 11w, RECEIVED JUL I b 201h CITY OF ORONO M (156) (871 1 M. Is 0 60 120 240 ft For more information contact: Hennepin County GIS Office 300 6th Street South Minneapolis, MN 55487 gis.info@hennepin.us #3851 REQUEST FOR COUNCIL ACTION DATE: September 26, 2016 ITEM NO: 7 Department Approval: Administrator Reviewed: Agenda Section: Name Jeremy Barnhart Y"j� Planning Title Community Development Director Item Description: Street Name Change Request: Fire Station Drive to Rettinger Drive. Application Summary The Long Lake Fire Department is requesting to change the name of a public road from Fire Station Drive to Rettinger Drive. The written request, attached, outlines the reasons, including a desire to recognize the contributions the Rettinger family made to the Fire Department and the Long Lake community. Fire Station Drive currently serves two lots, the fire station, and the vacant lot to the east, which currently is used for the community garden. The address of this undeveloped lot is currently 2300 Fire Station Drive. No private lots will be impacted by the name change. There is no street naming policy. It is recommended that the Council establish a policy for naming of streets, parks, and other features of the community to provide direction to staff and future applicants as to how a request will be processed. Action Requested: 1. Decision on whether to approve the street name change from Fire Station Drive to Rettinger Drive. 2. Direct staff to prepare for Council approval a policy regarding naming of streets and parks in the Orono community. List of Exhibits: Exhibit A. Letter of request Exhibit B. Map of area To: James Van Eyll Mark Warden Council Exhibit A Reply -To: Kelly Shaughnessy To City of Orono The Long Lake Fire Department is here by requesting that the Orono City Council change the name of the road on the south side of Station 1 that serves as the entrance to our back parking lot from Fire Station Dr to Rettinger Dr. This name change is to recognize the Rettinger family and their contributions to the Long Lake Fire Department and the community at large. The Long Lake Fire Department was founded in 1915 and our first Chief was Sam Rettinger, his sons John Melvin and Hawthorne are also retired members of our department along with their sons Sam and George. Mark Warden is a current fire fighter is a great grandson of Sam. Other Rettingers that have served as members are Tom and Joe. The Rettinger family has been long time supporters of our community and have in the past and continue to run a number of businesses in the area. Some past and present businesses are Rettinger Livery, Rettinger Ford , Rettinge Dry Goods, Rettinger Bus Company, Rettinger Oil, Rettinger Union 76, Rettinger Funeral Home and Elite Auto. Our relief association is willing to pay for the cost of the sign and will take care of its placement under the careful eye of D. J. Goman There currently is no sign or post designating Fire Station Dr. We are hoping to dedicate this on October 1 st as part of our Block Party that we are putting on with the Long lake Chamber of commerce. This change results in NO Address changes. Thank You for consideration Jeremy Barnhart From: Jessica Loftus Sent: Tuesday, September 13, 2016 11:20 AM To: Jeremy Barnhart Subject: FW: Rettinger Dr From: James Van Eyil Sent: Tuesday, August 30, 2016 11:42 AM To: Jessica Loftus <jloftus@ci.orono.mn.us> Subject: Fwd: Rettinger Dr Hi Jessica, Here is a request that we discussed a few months back. I just received this from Kelly and he has been in contact with the family. This is to change the name of road, Fire Station Drive, to the south of Station 1 to Rettinger Drive. Currently there are no address off of this road. The Long Lake Fire Relief Association is willing to pay for the cost of the sign. Currently there is no sign on the corner. Please let me know how to proceed with this request. It would be nice to have this complete by October 1. James Van Eyll Fire Chief Long Lake Fire Department ivanevll ,longlakemn.gov Begin forwarded message: From: Kelly Shaughnessy Subject: Rettinger Dr Date: August 29, 2016 at 1:10:50 PM CDT Council 0 Exhibit B 20 o �-�• N N � '•r O r I if .-d L 4.1 n eD powIAL •..j l,r, .0 G O RRL 3 m ZO f - 7C Z a. 3 CL ' o c CD 0 to fD r" 2.3o__ go N. C h�a` a oar x� C 3 a' C�rY _c is �i REQUEST FOR COUNCIL ACTION DATE: September 26, 2016 ITEM NO: 8 Department Approval: Administrator Reviewed: Agenda Section: Name Jeremy Barnhart Y"-4 Planning Title Community Development Director Item Description: Sex Offender Issue Application Summary Presented for information and Council direction only. Issue At the Council meeting on August 22, 2016, the Council requested additional information from Police Chief Farniok regarding the sex offender registration program, including what does the state do in administering the location of sex offenders, the notice requirements, and what is the purpose of the meetings associated with the location of sex offenders. The Police Chiefs memo is attached, and provides some additional background and resources. Action Requested: Provide Staff direction. List of Exhibits: Exhibit A. Police Chief memo dated September 21, 2016 Exhibit B August 22, 2016 Council minutes 188652vl EXHIBIT A Big Lake City Code Section 596 — Sexual Predator Residency Restrictions 596.01 Findings and Intent. A. Repeat sexual offenders, sexual offenders who use physical violence, and sexual offenders who prey on children are sexual predators who present an extreme threat to the public safety. Sexual offenders are extremely likely to use physical violence and to repeat their offenses. Most sexual offenders commit many offenses, have many more victims than are ever reported, and are prosecuted for only a fraction of their crimes. This makes the cost of sexual offender victimization to society at large, while incalculable, clearly exorbitant. B. It is the intent of this chapter to serve the city's compelling interest to promote, protect and improve the health, safety and welfare of its citizens by establishing areas around locations where children regularly congregate in concentrated numbers, wherein certain sexual predators are prohibited from establishing temporary or permanent residence. 596.02 Definitions. The following words and terms when used in the Section shall have the following meanings, unless the context clearly indicates otherwise: A. "Day Care Center" — A facility licensed by the State of Minnesota in which care, supervision and training for individuals under the age of 18 is provided for part of a 24-hour period. B. "Designated Offender" — Any person who has been categorized as a Level I I I predatory offender under Minnesota Statutes Section 244.052, a successor statute, or a similar statute from another state. C. "Park or Playground" — Any land, including improvements, operated by the city for the use by the general public as a recreational area. D. "Permanent Residence" — A place where a person abides, lodges or resides for 14 or more consecutive days. E. "School" — Any public or non-public educational institution that offers educational instruction to individuals under the age of 18. F. "Temporary Residence" — A place, other than a person's permanent residence, where a person abides, lodges, or resides for a period of 14 or more days in the aggregate during any calendar year or four or more consecutive or non- consecutive days during any month. 596.03 Residency Prohibition; Penalties; Exception. Subd. 1 Residency Prohibition. A. It is unlawful for any designated offender to establish a permanent residence or temporary residence within 2,000 feet of any school, day care center, park or playground. B. For purposes of determining the minimum distance separation, the requirement shall be measured by following a straight line from the outer property line of the permanent residence or temporary residence of the 188652v1 designated offender to the nearest outer property line of a school, day care center, park or playground. Subd. 2 Penalties. A person who violates this section shall be punished by a fine not exceeding $1,000, or by confinement for a term not exceeding 90 days, or by both such fine and confinement. Each day a person maintains a residence in violation of this chapter constitutes a separate violation. Subd. 3 Exceptions. A. A designated offender residing within a prohibited area as described in Subdivision 1 does not commit a violation of this section if any of the following apply: i. The designated offender established the permanent residence or temporary residence and reported and registered the residence pursuant to M.S. § 243.166, § 243.167, or successor statute, prior to the effective date of this section. ii. The designated offender was a minor when he or she committed the offense and was not convicted as an adult. iii. The designated offender is a minor. iv. The school, day care center, park or playground within 2,000 feet of the designated offender's permanent residence or temporary residence was designated or opened after the designated offender established the permanent residence or temporary residence and reported and registered the residence pursuant to M.S. § 243.166 or § 243.167, or successor statute. 1886520 EXHIBIT B Lindstrom City Code Chapter 96: Sexual Offenders and Sexual Predators § 96.01 FINDINGS AND INTENT. (A) Repeat sexual offenders, sexual offenders who use physical violence, and sexual offenders who prey on children are sexual predators who present an extreme threat to the public safety. Sexual offenders are extremely likely to use physical violence and to repeat their offenses. Most sexual offenders commit many offenses, have many more victims than are ever reported, and are prosecuted for only a fraction of their crimes. This makes the cost of sexual offender victimization to society at large, while incalculable, clearly exorbitant. (13) It is the intent of this chapter to serve the city's compelling interest to promote, protect and improve the health, safety and welfare of its citizens by creating a civil, non- punitive regulatory scheme, establishing areas around locations where children regularly congregate in concentrated numbers, wherein certain sexual offenders and sexual predators are prohibited from establishing temporary or permanent residence. § 96.02 DEFINITIONS. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. CHILDREN. Persons age 16 and younger. DAY CARE CENTER. A facility licensed by the State of Minnesota in which care, supervision and training for children is provided for part of a 24-hour period. DESIGNATED OFFENDER. Any person who has been convicted of a designated sexual offense, regardless of whether adjudication has been withheld, in which the victim of the offense was less than 16 years of age, or has been categorized as a Level III sex offender under M.S. § 244.052 or successor statute. DESIGNATED SEXUAL OFFENSE. A conviction, adjudication of delinquency, commitment under M.S. Chapter 2536, or admission of guilt under oath without adjudication involving any of the following offenses: M.S. §§ 609.342; 609.343; 609.344; 609.345; 609.352; 609.365; 617.23; 617.246; 617.247; 617.293; successor statutes; or a similar offense from another state. PARK or PLAYGROUND. Any land, including improvements, operated by the city for the use by the general public as a recreational area. PERMANENT RESIDENCE. A place where the person abides, lodges or resides for 14 or more consecutive days. SCHOOL. Any public, private or parochial educational institution that offers educational instruction to individuals under the age of 18. TEMPORARY RESIDENCE. A place where the person abides, lodges or resides for a period of 14 or more days in the aggregate during any calendar year, and which is not the person's permanent address or a place where the person routinely abides, lodges or resides for a period of four or more consecutive or on consecutive days in any month, and which is not the person's permanent residence. (Ord. 11-11-01, passed 11-17-11) 188652vl § 96.03 SEXUAL OFFENDER AND SEXUAL PREDATOR RESIDENCE PROHIBITION; PENALTIES; EXCEPTIONS. (A) Prohibited location of residence. It is unlawful for any designated offender to establish a permanent residence or temporary residence within 2,000 feet of any school, licensed day care center, place of worship that provides regular educational programs, park or playground. (B) Prohibited activity. It is unlawful for any designated offender to participate in a holiday event involving children under 16 years of age, such as distributing candy or other items to children on Halloween, wearing a Santa Claus costume on or preceding Christmas, or wearing an Easter Bunny costume on or preceding Easter. Holiday events in which the offender is the parent or guardian of the children involved, and no non -familial children are present, are exempt from this division. (C) Measurement of distance. For purposes of determining the minimum distance separation, the requirement shall be measured by following a straight line from the outer property line of the permanent residence or temporary residence to nearest outer property line of a school, day care center, park, playground, place of worship, or other place where children regularly congregate. The City Clerk shall maintain an official map showing prohibited locations as defined by this chapter. The Clerk shall update the map at least annually to reflect any changes in the location of prohibited zones. (D) Penalties. A person who violates this section shall be punished by a fine not exceeding $1,000, or by confinement for a term not exceeding 90 days, or by both such fine and confinement. Each day a person maintains a residence in violation of this chapter constitutes a separate violation. (E) Exceptions. A designated offender residing within a prohibited area as described in § 96.03(A) does not commit a violation of this section if any of the following apply: (1) The person established the permanent residence or temporary residence and reported and registered the residence pursuant to M.S. § 243.166, § 243.167, or successor statute, prior to November 17, 2011. (2) The person was a minor when he or she committed the offense and was not convicted as an adult. (3) The person is a minor. (4) The school, place of worship, park or day care center within 2,000 feet of the person's permanent residence was designated or opened after the person established the permanent residence or temporary residence and reported and registered the residence pursuant to M.S. § 243.166 or § 243.167. (5) The residence is also the primary residence of the person's parents, grandparents, siblings, spouse or children. (6) The residence is a property owned by the Minnesota Department of Corrections. (7) The person's conviction for the designated offense was reversed on appeal. (8) Nothing in this provision shall require any person to sell or otherwise dispose of any real property acquired or owned prior to the conviction restricting residency under this chapter. (Ord. 11-11-01, passed 11-17-11) 188652vl § 96.04 PROPERTY OWNERS PROHIBITED FROM RENTING REAL PROPERTY TO CERTAIN SEXUAL OFFENDERS AND SEXUAL PREDATORS; PENALTIES. (A) It is unlawful to let or rent any place, structure, or part thereof, trailer or other conveyance, with the knowledge that it will be used as a permanent residence or temporary residence by any person prohibited from establishing such permanent residence or temporary residence pursuant to this chapter, if such place, structure, or part thereof, trailer or other conveyance, is located within a prohibited location zone described in § 96.03(A). (B) A property owner's failure to comply with provisions of this section shall constitute a violation of this section, and shall subject the property owner to the code enforcement provisions and procedures as provided in § 93.20 of this code. (C) If a property owner discovers or is informed that a tenant is a designated offender after signing a lease or otherwise agreeing to let the offender reside on the property, the owner or property manager may evict the offender. 1886520 EXHIBIT C Iowa Code Section 692A.114. Residency restrictions 1. As used in this section: a. "Minor" means a person who is under eighteen years of age or who is enrolled in a secondary school. b. "School" means a public or nonpublic elementary or secondary school. c. "Sex offender" means a person required to be registered under this chapter who has been convicted of an aggravated offense against a minor. 2. A sex offender shall not reside within two thousand feet of the real property comprising a school or a child care facility. 3. A sex offender residing within two thousand feet of the real property comprising a school or a child care facility does not commit a violation of this section if any of the following apply: a. The sex offender is required to serve a sentence at a jail, prison, juvenile facility, or other correctional institution or facility. b. The sex offender is subject to an order of commitment under chapter 229A. c. The sex offender has established a residence prior to July 1, 2002. d. The sex offender has established a residence prior to any newly located school or child care facility being established. e. The sex offender is a minor. f. The sex offender is a ward in a guardianship, and a district judge or associate probate judge grants an exemption from the residency restriction. g. The sex offender is a patient or resident at a health care facility as defined in section 135C.1 or a patient in a hospice program, and a district judge or associate probate judge grants an exemption from the residency restriction. 18s6s2vl EXHIBIT D 188652v1 EXHIBIT E 188652v1 EXHIBIT F 188652v1 EXHIBIT G 188652v1 Council Exhibit A Memo To: Jeremy Barnhart From: Police Chief Correy Farniok Date September 21, 2016 Re: Sex Offender Registry Currently there are 8 individuals that in the City of Orono that are required to register with the Orono Police Department as part of the Minnesota Predatory Offender Registration (POR) program through the MN Bureau of Criminal Apprehension (BCA). These 8 POR's all have a risk level of 1 or not assigned. Risk levels are assigned by the Minnesota Department of Corrections (DOC) not the Bureau of Criminal Apprehension (BCA). Risk Levels are assigned to registrants who are released from prison on or after January 1, 1997. Risk level one indicates the least likelihood to re -offend. Risk level two indicates a moderate likelihood to re -offend. Risk level three indicates high likelihood to re -offend. Information about Level 3 offenders is available on the DOC web site. www.doc.state.mn.us According to a recent search on the DOC website, the closest Level 3 Offenders are in Crystal (2), New Hope (1) and Hopkins (2). There are no provisions in M.S. § 243.166, Minnesota's registration law, which prohibit registered offenders from living in the vicinity of a school or daycare. Restricting a registrant's residency can be a condition of the registrant's probation or parole; however, if the person is no longer on probation or parole, those restrictions are no longer effective. While there is not a State law regarding residency restrictions for registered offenders, cities can pass local ordinances with restrictions. The challenge that we face as a police department and as a community is that the most of the information regarding a POR is classified as private and we cannot release information to the public on POR's. I have also attached pertinent sections of MN Statue 244.052. Which provides information and explains the process for review for Level 3 POR's, the notification required, and information that can be given out a community notification. "Subdivision 4. Law enforcement agency; disclosure of information to the public. The law enforcement agency shall employ the following guidelines in determining the scope of disclosure made under this subdivision: (1) if the offender is assigned to risk level I, the agency may maintain information regarding the offender within the agency and may disclose it to other law enforcement agencies. Additionally, the agency may disclose the information to any victims of or witnesses to the offense committed by the offender. The agency shall disclose the information to victims of the offense committed by the offender who have requested disclosure and to adult members of the offender's immediate household; (2) if the offender is assigned to risk level II, the agency also may disclose the information to agencies and groups that the offender is likely to encounter for the purpose of securing those institutions and protecting individuals in their care while they are on or near the premises of the institution. These agencies and groups include the staff members of public and private educational institutions, day care establishments, and establishments and organizations that primarily serve individuals likely to be victimized by the offender. The agency also may disclose the information to individuals the agency believes are likely to be victimized by the offender. The agency's belief shall be based on the offender's pattern of offending or victim preference as documented in the information provided by the department of corrections or human services; (3) if the offender is assigned to risk level III, the agency shall disclose the information to the persons and entities described in clauses (1) and (2) and to other members of the community whom the offender is likely to encounter, unless the law enforcement agency determines that public safety would be compromised by the disclosure or that a more limited disclosure is necessary to protect the identity of the victim." Subdivision 4a. Indicates that during the review process for a Level 3 offender the agency responsible for the offender's supervision shall take into consideration the proximity of the offender's residence to that of other Level 3 offenders and proximity to schools. 0 Page 2 MINUTES OF THE Council ORONO CITY COUNCIL MEETING Exhibit B Monday, August 22, 2016 7:00 o'clock p.m. 13. SEX OFFENDER PRELIMINARY DISCUSSION Barnhart stated a couple of weeks ago the Council directed Staff to provide some preliminary background information associated with the location regulations relating to Level III sex offenders. The City Attorney and Staff have compiled some information, as well as some sample state statutes, for review by the City Council. Barnhart stated Staff is looking for direction from the Council on how they would like Staff to move forward. Barnhart noted Staff is not providing any recommendation to adopt a specific ordinance. Printup recommended the City move forward with this item and noted they have previously talked about creating a new ordinance. Printup stated even though it might not be pressing city business, it has become a very timely issue in the area with Tonka Bay having a Level III person move into their city and putting everybody on high alert. Printup stated while that person is not there any longer, it shows that it can happen at any time and that he is advocating for the ordinance to help prepare for the future. Printup stated the City Council now has a template that they can look at and that it has stood the test in court. Printup stated as far as overkill, in his view the residents would appreciate the overkill and that it helps protect the City and gives some comfort to the citizens by the City being proactive. McMillan noted it would not cover the entire City. Printup stated he understands that but that the City can be proactive on this item. Walsh stated he agrees with Council Member Printup. Walsh indicated he would like some clarification on Council Member Cornick's comment last meeting that the state ordinances were just fine. Walsh asked if the residency restrictions would be duplicating what the state has already or whether it would be more or less. Mattick stated he would need to review it a little bit closer but that he does not believe they are duplicating anything statutorily. Mattick stated it is his understanding that when sex offenders are released, they typically have conditions of probation, such as avoiding certain areas, and they are monitored individually on a case-by-case basis. Mattick noted the terms of probation can be stricter or more lax than the sample ordinance. Walsh stated the City would be codifying what the City believes is necessary for the protection of its citizens. Mattick stated the sample ordinance is nothing more than a cut and paste from Iowa and that Staff has not included any language specific for Orono. Mattick stated there are legal concerns about whether the City can pass something like this. In the State of Iowa, the ordinance was implemented and tried, which is why it was included in the packet. Mattick noted it was just meant to be a launching point for discussion. Walsh stated he did not understand where Council Member Cornick's comment was coming from. Mattick stated depending on the level of offender, the City would have to notify the community and hold public hearings. Page 1 of 2 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, August 22, 2016 7:00 o'clock p.m. McMillan stated she would like to hear from Police Chief Farniok and Council Member Cornick since they have law enforcement background. Printup requested it be placed on a future City Council agenda. McMillan asked whether there should be a public hearing. Mattick stated since it likely would be placed in the public policy section of the City Code, a public hearing would not be necessary. Levang stated for the sake of transparency, there should be a public hearing so the City Council can get some input on what they would like to see the City do. McMillan stated she would like to see what protections are already in place and hear how police departments are currently handling things. Printup indicated he is interested in creating some buffer areas and a system to notify residents. Barnhart requested this item be pushed back one month since he already has seven items on the next Council agenda. Printup commented it is important to have this conversation since this problem is not going to go away. McMillan noted the Council will also be discussing the budget on September 12 but that this item can be placed on a future agenda. Page 2 of 2 REQUEST FOR COUNCIL ACTION DATE: September 26, 2016 ITEM NO: 9 Department Approval: Administrator Reviewed: Agenda Section: Name Jeremy Barnhart Y"j� Planning Title Community Development Director Item Description: Level II Home Occupation License: 4415 Forest Lake Landing Application Summary The City Council, at their meeting on September 12, 2016, denied the application for a Level II Home Occupation License for Tim and Lorie Line to offer piano recitals in their home for 15 events per year. The Council should adopt a resolution formally giving the reasons for denial. A draft resolution is attached, based on the comments received during the meeting. Action Requested: Approve the resolution formally denying the Level II Home Occupation License for Lorie and Tim Line, 4415 Forest Lake Landing and giving the reasons for denial. List of Exhibits: Exhibit A. Draft resolution Exhibit B. Council Minutes (draft) A RESOLUTION DENYING A LEVEL II HOME OCCUPATION LICENSE FOR THE PROPERTY AT 4415 FOREST LAKE LANDING WHEREAS, the City of Orono is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, pursuant to State Statutes 412 et. seq. and 462 et. seq., the City Council of the City of Orono has adopted zoning regulations for the protection of the public health, safety and general welfare; and WHEREAS, Tim and Lorie Line (hereinafter the "Owners") are the owners of the property located at 4415 Forest Lake Landing within the City of Orono (hereinafter "the City") and legally described as follows: Lots 13-17, Block 1 Tonkaview Gardens, Hennepin County, Minnesota (hereinafter "the property"); and WHEREAS, the owners submitted a formal application on August 15, 2016 for a Level II Home Occupation License to allow the owners to offer piano recitals for up to 15 events in 2017, and WHEREAS, after due published notice and mailed notice in accordance with Minnesota Statutes and the Orono, City Code, the Orono City Council held a public hearing on Sepetmebr 12, 2016, at which times all persons desiring to be heard concerning this applications were given the opportunity to speak thereon; and WHEREAS, the City Council has reviewed the application; the recommendations of City Staff, and the testimony submitted by the applicants as well as those received from members of the public. NOW, THEREFORE, BE IT RESOLVED that the City Council of Orono, Minnesota hereby denies the requested Level II Home Occupation license to allow 15 piano recitals on property zoned residential based on one or more of the following findings of fact concerning the Property: Page 1 of 2 181174v2 The analysis contained within staff memos dated September 12, 2016; and the exhibits attached to the aforesaid memos, all minutes from these meetings; and any and all other materials distributed at these meetings are hereby incorporated by reference. 2. The Property is located in a residential district and the number of shuttle buses (4 per event) plus the frequency of rental equipment trucks is deemed to be inconsistent with the residential nature of the neighborhood. 3. Piano recitals for 40 patrons are an event best suited for an events center or similar venue, where the infrastructure, including parking and traffic control, supports the use. 4. Life safety standards outlined in the building code, employed at commercial assembly areas are not know to be employed in the subject property, and include fire suppression, exiting, and lighting. 5. The noise produced by the intended use is uncontrollable, including noise form the concert, and from patrons enjoying the grounds, and the noise of delivery vehicles, causing loss of enjoyment for the adjacent property owners. 6. The hours of the intended use, to conclude at 9:45 p.m. on 15 summer weekend nights is not appropriate given the residential district. Adopted by the City Council of the City of Orono on this _th day of , 2016. ATTEST: Diane Tiegs, City Clerk Lill Tod McMillan, Mayor Page 2 of 2 181174v2 Council MINUTES OF THE Exhibit B ORONO CITY COUNCIL MEETING Monday, September 12, 2016 7:00 o'clock p.m. 17. LEVEL II HOME OCCUPATION LICENSE, 4415 FOREST LAKE LANDING Barnhart stated the property owners at 4415 Forest Lake Landing would like to use their property for indoor piano concerts for 15 events per year for up to 40 people per event. The patrons would be shuttled to the event using a commercial shuttle. Since the events will go later than 7 p.m., it triggers a Level II home occupation. Barnhart stated home occupations are permitted in residential districts but they must meet the 16 regulations outlined in city ordinance. If a home occupation does not meet those requirements and is not listed as a prohibited home occupation, the business is eligible to receive a Level II home occupation license granted by the City Council after a public hearing. Level II licenses are annual licenses, expiring at the end of September each year. The applicants are proposing to hold 15 piano recitals in their home. The 15 events will occur during Friday, Saturday and Sunday evenings in June and August. The proposed dates are June 2, 3, 4, 9, 10, 11, and August 4, 5, 6, 11, 12, 13, 18, 19, and 20. These events will occur from 7-9:30 p.m. Similar events were held the summer of 2016. The property owners received a special event permit and then discovered that a special event permit was not necessary because it did not meet the definition of a special event. The applicants will sell tickets to the event, with a maximum capacity of 40 patrons. Patrons are shuttled to the site to manage traffic and parking congestion on Forest Lake Landing. The shuttle leaves at 9:45 p.m. The shuttle with minimize the impact to the neighborhood. During the event, the shuttle bus parks on the applicant's property, with patrons parking at a nearby church with the church's approval. Staff is recommending approval the Level 1I home occupation license. Tim Line, Applicant, stated they have been touring and traveling for 27 years and have performed on over 2,000 stages. Line stated Lorie has produced over 40 albums and music books that are marketed across the United States. Last year Lorie was introduced into the Minnesota Music Hall of Fame. Line stated when they are touring and traveling, it is very physical, especially when it comes to moving the piano. Line stated they are proud to be residents of Orono for the past 27 years. Line stated this year they came up with the great idea to hold piano recitals in their home. Line indicated they wanted to share the music with the community, friends, fans, friends, and neighbors. The goal was simply to enrich people's lives. Line stated for those in attendance, it was very well received and that they would like the opportunity to do so again next year. Line stated in their view the application is very complete and thorough and that he would ask the Council to consider a Level 1I home occupation license. Line noted two letters were presented. In the petition that was presented to the neighbors, Planning Commission Schoenzeit states we are going to use our home as a concert hall, which was communicated to other neighbors. Line stated that has never been their intent and that they have been very mindful of the neighbors. Line stated in the letter dated June 13, Planning Commission Schoenzeit stated to the City that they were selling alcohol, which is absolutely not true. In addition, Planning Commissioner Schoenzeit stated in that same letter that they had turned their home into a concert hall. Line noted this is not a rock and roll event but a piano recital where they have opened up their home to people who enjoy music. The event Page 1 of 8 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, September 12, 2016 7:00 o'clock p.m. consists of Lorie at the piano, himself welcoming the guests, and Michelle who helps manage the event. Line stated his son also helped with the people. Line stated lastly, Planning Commissioner Schoenzeit's main complaint centers around parking and traffic. Line noted their request minimizes traffic by utilizing a van, with two trips in and two trips out. Line stated there have also been some misrepresentations in a letter dated September 12 that he would like to address. Line stated the shuttle van is not a commercial concert bus and is instead a van that seats 20 people. In addition, Commissioner Schoenzeit's wife refers to traffic on Tonka View that has been created from these events. Line noted the driver of the shuttle van never drove down that road and was specifically told to drive down County Road 19. The same driver was utilized on all evenings. Line indicated he also was on the van to ensure safety and consideration for the neighborhood. Line stated Commissioner Schoenzeit's wife also states that they misled the church, which is absolutely the farthest someone can get from the truth. Line indicated he would like to submit a letter from the pastor of the church. In the letter the pastor clearly confirms the dates and times of the events and that she prays that their event will be a success. Line stated that does not sound like there was a fair representation in the letter. Line stated he would like the Council to consider the petition null and void as it is since it misrepresents their request and distorts the facts. Line stated he simply would like an opportunity to inform the neighbors of the facts and the true usage. Mayor McMillan opened the public hearing at 9:05 p.m. Julie Close, 1214 Wildhurst Trail, stated she lives on the path towards the Line's house. Close stated she thinks Lorie is an incredibly talented musician, but that she would like to say a few things about the entire presentation that the opposition of the neighbors is based on perception but not on the actual events. Close stated with the first go around there was a lot of traffic on Wildhurst. Close stated there are a lot of questions about having 40 people attend the events. Close stated even with a commercial bus, there are questions whether there will simply be two runs down the road or more. Close stated they can call it a recital but that it is also a concert. Close stated this is a money making opportunity for the Lines, which is why they are here under the home occupation license. Close stated there are questions about whether the patrons will be waiting up at the parking lot or whether there will be more shuttle busses running back and forth. Close stated a business owner would make sure no one is waiting, but what if it is raining. Close stated a 20 person bus is a pretty good sized bus and that Wildhurst is quite narrow with a lot of families that have young children who ride their bikes and walk down the street. Close noted these are prime summer weekends and prime summer hours. Close stated they are trying to enjoy their neighborhood outside and that they are talking about adding a big vehicle driven by someone the residents don't know. Close noted Orono ordinances provide reasonable limitations, which limits the use to no more than five customers at a time. Close stated this use is not within the character of the neighborhood and that the neighbors are outside trying to enjoy where they live. Close stated she appreciates the Line's desire to do this but that the rest of them have homes that they are trying to enjoy with their families. Close stated the Page 2 of 8 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, September 12, 2016 7:00 o'clock p.m. characterization that the neighborhood does not understand this is false since the neighbors have already experienced it this summer. Close stated now that they know it is a business, it raises a lot of concern. Chris Morgant, 1003 Wildhurst Trail, stated he lives at the end of the road and that he has to travel down the road to get to his house. Morgant indicated he does not care what the Lines do but that he does care about how they do it. Morgant stated when the road is unduly clogged, it is inconvenient for the residents. Morgant stated if this is going to happen often, he is not a fan of it. Morgant stated if the City would fix the road, he probably would not object to it and that there has to be a good way to do this. Gail Blackstone, 4465 Forest Lake Landing, stated she and her husband are here to support the request for a Level II home occupation. Blackstone noted they are one of the three closest homes to the Line's house. In regards to the concerns about the regulations not being met, Blackstone stated she can personally say that they have not had any issues with the valet that was originally there. Blackstone indicated in June she had a graduation party for her daughter and that she was concerned about the number of people coming and whether the residents would be confused with one of these events which it wasn't. Blackstone stated the commercial shuttle bus has improved the parking situation. Blackstone stated in regards to the hours of operation, her bedroom faces out on the street and she and her husband have not experienced any problems with noise. Blackstone stated in her view there could be some confusion in regards to the petition and that she spoke to one of the neighbors who was wondering whether there could also be a restaurant in the neighborhood. Blackstone stated she would like the Council to know that she and her husband are very much in support of this license. Stacey Schoenzeit, 4480 Forest Lake Landing, stated she would like to tell the Council that the initial letter was not created or known by her husband and was created by a group of neighbors. Schoenzeit stated the neighbors came to her asking what is going on given all the parking in the neighborhood. Schoenzeit stated for the first two weeks in June, there were cars everywhere and that the Lines sent the neighbors a note informing them that they were having a private event. Schoenzeit noted the Lines have told the neighbors in the past that they are having an event but that it is usually one night. Schoenzeit stated one time she saw some people walking down the street who were excited about going to a concert and that the person showed them her ticket. Schoenzeit stated if you go on the Line's website, you can see that they are selling tickets to the events. Schoenzeit commented this is a neighborhood of dozens and dozens of children and that her husband had no clue about what was being written or going on until the neighbors approached here. Schoenzeit stated some of the other neighbors that live closer to the Lines are empty nesters and no longer have children living in the homes. Schoenzeit stated in her view the Lines do not understand that some of the other neighbors are worried about traffic and safety. Schoenzeit reiterated that her husband was not the instigator in this situation. Tim Line stated he thought it was from Loren since he was the person who took the documents around and that the petition was included with the letter. Line stated he would like to apologize to Loren. McMillan stated it appears there was some confusion about the events held earlier this summer. McMillan asked Mr. Line to explain how the events were run. Page 3 of 8 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, September 12, 2016 7:00 o'clock p.m. Line stated for past events they always used valets and that the people parked on the north side of the road, which is what they were told should happen. McMillan asked when the shuttle service started. Line indicated it was in August. Line stated it literally was two trips in and two trips out. Tom Bart, 4464 Forest Lake Landing, indicated he lives three houses down from the Lines and two houses down from the Schoenzeits. Bart noted they were out of town in June and so they did not experience the traffic or the valet. Bart indicated they were here in August and that they did not know the events were going on. Bart stated he did not see any difference in traffic. Bart noted there is a lot of traffic on these streets and that there are garbage trucks, mail service, and neighbors traveling down the road. Bart stated in his view this does not add significantly to the traffic. Bart noted they have only lived there a couple of years but that the Lines have been great neighbors and that he supports what they are trying to do. Gail Blackstone stated she does support the desire to fix the road. Blackstone noted she has three children, with the youngest being 18. Blackstone stated she has noticed in the past that the biggest problem with cars on the road is the neighbors who drive very quickly or friends. Blackstone stated she has seen this van and that it was going very slowly down the road. Blackstone stated perhaps the neighborhood might be interested in adding speed bumps to slow the traffic down. Rick Zechman stated he lives on the corner of Wildhurst Trail and Forest Lake Landing. Zechman stated he has not noticed any problems with traffic and that there are not a lot of kids playing on Wildhurst Trail. Zechman indicated he is here to support the Lines. Loren Schoenzeit, 4480 Forest Lake Landing, stated this is not personal against the Lines and that if any family, friends, and neighbors were going to open a business or a commercial concert hall in their neighborhood, they would also say no and that it is not part of the code. Schoenzeit stated this is a quiet street on a dead end. Schoenzeit stated it is important to note that the name of the application is misleading and that the Lines are holding private concerts, 15 a year. The tickets are $150 apiece on TicketMaster like website. Schoenzeit stated if 40 tickets are for sale for 15 concerts, this is not a private event. Schoenzeit stated so far this summer there have been 15 concerts but that there is also another seven that the Lines have sold tickets to in November. Schoenzeit stated that adds up to 22 concerts. Schoenzeit stated the other thing is, when someone goes through an application before the City, the City looks at whether they meet the standards. To be a home occupation business, someone needs to meet all 16 of those criteria. If you do not, you can apply for a Level 11 license. Schoenzeit stated in the case of a quiet residential neighborhood, the residents of the neighborhood have to take precedent, but if the events could take place without causing any disturbance to the neighborhood, then the City should grant the license. Schoenzeit stated the diesel bus that they use is not able to take the turn onto Forest Lake Landing and stay on the correct side of the road. When the bus does their drop-off, they have to back up slowly with the beep, beep, beep. Schoenzeit stated the bus arrives at dinnertime and leaves at bedtime. Schoenzeit stated while some of the neighbors might be empty nesters, it is important to the families with children. Page 4 of 8 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, September 12, 2016 7:00 o'clock p.m. Schoenzeit noted criteria number five is whether traffic in any way will affect the adjacent neighboring properties, and the answer is yes. Schoenzeit stated this is a commercial use of a property that is zoned residential. Criteria number eight states no noise at the property line. Schoenzeit indicated the bus beeps and smells. With regard to criteria number 12, the business has to operate between 8 a.m. to 7 p.m. but these events go from 6:30 to 9:00 or 9:45. Schoenzeit noted a home business is also allowed five customers per day, with two at the same time. Schoenzeit stated this is eight times the limit and that the homes are close together. Schoenzeit stated in order to be a legitimate, by the book home occupation, someone needs to meet all 16 of these criteria, and if you do not meet those criteria, you apply for a Level II. Schoenzeit stated that there will be a minimum of 15 concerts, 40 customers, and it does not work. As a result, the neighbors circulated a petition and they called the police. The police, in turn, gave them a little plastic sign to slow the traffic down. Schoenzeit noted a while back in 2001, the neighbors attended a public hearing on October 22, 2001, for a more intense use down at the end of the street. The question would be, if someone besides the applicant was trying to open an intense home business of this type, what would they say. Schoenzeit noted in that situation, the Lines submitted a letter to the City about what this means to our quiet neighborhood, which was increased traffic, parking concerns and, most of all, safety concerns for the children in our area. Schoenzeit stated this was when the City was proposing to open the public landing at the end of the street where there might be two swimmers and a canoeist once a week. The Lines stated because there is no parking at the end of the street, this will not work. Schoenzeit commented now it appears to be okay with the Lines and that he is at a loss for the flip-flop. Schoenzeit stated if the Council thinks this is a great idea and approves it, they should question certain things. Schoenzeit stated the Council should know whether the building is sprinkled. Schoenzeit stated if this is going to be a brand new concert hall in Orono, the City will want to make sure that it is handicap accessible, with ADA bathrooms. Schoenzeit stated the City should want the building to be safe. Schoenzeit stated he is guessing that this residential house does not meet the codes. Schoenzeit stated the other concern is if this is allowed, what is there to stop anybody else with a big house from opening up their house as a commercial concert hall. Schoenzeit stated for the sake of the children, the neighbors, the petition against it, he would strongly request that the City Council deny this business license. McMillan closed the public hearing at 9:33 p.m. Printup asked whether No. 12 would be eliminated if the hours were noon to 3:00. Barnhart indicated it would as long as they closed their doors before 7 p.m. Barnhart noted home occupations are generally 40 -hour weeks and this is 15 days a year. Barnhart indicated it is kind of a trade-off. McMillan commented it is kind of a hybrid between a special event and a home occupation and blurs both of the lines. Printup asked for some examples of delivery of products that the City has had in the past. Page 5 of 8 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, September 12, 2016 7:00 o'clock p.m. Barnhart stated what he has seen in his career is delivery of wood product for a wood worker to the delivery of the finished product requiring straight line trucks or larger vehicles. Barnhart stated the question is whether a piano recital is a product to be delivered. Typically what someone might expect is some sort of product that is manufactured or reconditioned on the property that does not require a lot of nonresidential equipment. Barnhart stated generally true manufacturing is not permissible since it tends to be more intense and that what is being sold here is the music. Printup asked if a music teacher would be comparable. Barnhart indicated that would be a Level I unless they have 40 students at a time. Walsh stated the Lines live close to him and that once you jog up the hill, it is a very steep hill and goes all the way down past Forest Lake Landing. Walsh stated the sight lines are not very good and that there are always kids playing basketball and riding bicycles. Walsh stated there is plenty of activity in the neighborhood. Walsh stated the reputation of the Lines as a music phenomenon speaks for itself and that the City can debate the details of the bus runs, the number of people, etc., but in the end what he is seeing is an event center. Walsh stated from his perspective, he does not care what neighborhood an event center is in since it changes the character of the neighborhood. Walsh stated the Lines could perhaps hold the event at the church. Walsh stated there are other issues with event centers that have different impacts, but to create an event center in a neighborhood completely alters the character of the neighborhood. Levang indicated she drove the streets earlier today and that they are very narrow. Levang stated she saw the idea that there would be a shuttle bus and neighbors attempting to get in and out, as a problem. In addition, this is a quiet, residential neighborhood, the street is a dead-end, and there is not any off-street parking. Levang indicated she had difficulty turning around and had difficulty parking. Levang stated she sees safety concerns with that. Levang stated in her view the hours are not appropriate. Levang stated even though she is an empty - nester, she has kids and other people at her house quite frequently. In addition, the noise from ticket holders going in and out is difficult to control. People will be excited to come and when they would leave. Levang stated she is not sure how the City can allow this type of use in a quiet residential neighborhood and that it perhaps needs to be done in another place. Levang indicated she will be voting against it. McMillan stated she senses when the concerts are happening that there is not a problem with the noise but that the issue is getting the people to the event. McMillan indicates she lives on two dead-end streets and people have to be shuttled in for certain things. McMillan stated she understands this involves only four or five shuttle trips, but the feeling is that there are shuttle buses in the neighborhood, which gives a different feel to the neighborhood and that there is something commercial going on. McMillan stated when she looks at some of these dates, they can can be an entire weekend, which can have a pretty big impact to the neighborhood since there will be 120 people going to and fro in the neighborhood for a commercial event. McMillan stated that is the issue she is struggling with. McMillan commented she is not sure if there is a compromise, but that what she sees is a lot of June and August weekends, which is pretty intense. McMillan stated she is not sure if there is a way to dial it back to the Page 6 of 8 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, September 12, 2016 7:00 o'clock p.m. point where the neighborhood can tolerate it. McMillan stated people value their privacy, especially on private roads. Printup stated he is leaning the other way a little bit. Printup stated the traffic issue can be a bummer for people coming in and out but that it sounds like it was pretty well organized. Printup stated it is too bad the hours cannot be adjusted to the daytime. Printup stated it sounded like it was pretty well planned and prepared for but that he is just one vote. McMillan asked if the applicants would like to table their application. Line stated they are not hard and fast on 15 events and that they do have four dates booked in November but that they did not sell the other shows. Line indicated they did that under the fact that they had previously obtained a special event permit. Line stated they have been very straight forward on all of this and that the dates are not hard and fast. Line indicated the Sunday shows can go during the day. Line stated the overall goal is not to make the neighbors mad but to share Lorie's music with others. Line indicated they will abide by the Council's decision. Barnhart stated the Council could deny or table the application and that the applicants could amend their proposal based on the feedback. Walsh asked how this application came before the City Council after 15 events have already occurred. Barnhart stated a special event permit was requested in June, which goes through the clerk's office. That permit was issued for that event and the City later learned it was multiple events. Barnhart stated the application said several events but staff reviewed it as one event. Barnhart stated the clerk perhaps misread the application and that once Staff learned it was multiple events, they informed the Lines that they needed a different type of permit and Staff has been working with them since. Barnhart indicated the Lines were out of the country in July but that they have been forthright with Staff. Walsh asked who said it was okay. Barnhart indicated it was the city clerk. Loftus stated the city clerk works through the criteria on the special criteria, which includes working with the police chief to ensure there is a plan to handle the number of people coming in and going out. Loftus stated if it meets those criteria, it gets approved. Loftus stated the city clerk believed there was a series of three concerts over the weekend in June but then the City learned from the neighbors that there were additional concerts being sold online. The applicant was then contacted. Printup asked whether the Council would be open to allowing it in November since it has gotten to this point and something fell through the cracks. Levang stated that sounds flexible but the concern is what the neighbors would think since they are the ones being burdened by this. Levang stated in her view it would be unfair to them to not take their comments into consideration. Loftus noted the special event permit did not grant permission for the November events. Page 7 of 8 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, September 12, 2016 7:00 o'clock p.m. McMillan stated the Council would require additional information on the November events and that they are not sure what days of the week they are. McMillan stated the Council may not be able to resolve that tonight. McMillan stated Staff needs to know about this so the City can deal with it. Walsh stated in his view it is still an event center. Printup moved to table the Line's application. The motion died for lack of a second. Walsh moved, Levang seconded, to deny a Level II license for Lorie and Tim Lane, 4415 Forest Lake Landing. VOTE: Ayes 3, Nays 1, Printup Opposed. Page 8 of 8 REQUEST FOR COUNCIL ACTION Department Approval: Name Jessica Loftus Title City Administrator Administrator Reviewed: DATE: September 26, 2016 ITEM NO: Agenda Section: City Administrator's Report Item Description: Prosecuting Attorney — Request for Proposal (RFP) Timeline to date: City Council Approval of RFP Discussed in January/Policy approved in February. Advertise and Distribute RFP March 28, 2016 RFP Submittal Deadline April 29, 2016 Review of Proposals May 2016 Interviews June 27, 2016 Selection of Prosecuting Attorney July 11, 2016 Appointment/ Contract Approval Summer/Fall of 2016 Start Date January 1, 2017 Four (4) submittals were received for the prosecuting attorney Request for Proposals (RFP). On June 27th the City Council interviewed four firms: • Carson, Clelland & Schreder • Kenneth Potts, P.A. • Gregerson, Rosow, Johnson & Nilan, Ltd. • Tallen and Baertschi On July 11th the City Council made a motion selecting Kenneth Potts for Prosecuting Attorney Services and authorized the City Administrator to begin negotiating a contract. Potts' proposal in the RFP process quoted a contract cost of $38,000 and he is willing to hold the cost flat for the entire contract term of five (5) years. A draft contract is attached for your consideration. Please note the termination clause in section 2 (B). COUNCIL ACTION REQUESTED: Consider a motion approving the Agreement for Legal Services. AGREEMENT FOR LEGAL SERVICES AGREEMENT by and between the CITY OF ORONO, a Minnesota municipal corporation ("City") and Kenneth Potts ("Attorney"). NOW, THEREFORE, in consideration of the mutual undertakings herein, the parties hereto agree as follows: 1. SERVICES AND RELATIONSHIP. A. The Attorney shall furnish and perform criminal prosecution and related legal services for the City. B. The Attorney will attend a City Council meeting annually to present a report of prosecution activity. C. The Attorney shall be engaged as an independent contractor and not as a City employee. The Attorney is free to contract with other entities. D. Neither the City Council nor any of its members shall dictate or influence the disposition of cases. The Attorney shall have sole decision making authority over whether to charge, pursue, or dismiss a case. All correspondence between the City Council and Prosecutor shall be directed through the City Administrator. 2. TERM. A. The Attorney shall serve a term beginning January 1, 2017, and continuing for a period of five (5) years. B. This Agreement may be terminated at any time without cause by resolution of the City Council, provided that the City shall give the Attorney thirty (30) days written notice before the termination becomes effective. 1 3. PAYMENT. A. Criminal Prosecution: The City shall pay Attorney a flat fee for all criminal prosecution fees, costs, and expenses in the amount of Thirty Eight Thousand and 00/100 dollars ($38,000.00) per calendar year for the next five years. B. On a vehicle forfeiture it handles Attorney shall receive 30% of the proceeds from the sale of the forfeited vehicle, after payment of seizure, towing, storage, forfeiture and sale expenses, and satisfaction of valid liens against the vehicle, pursuant to Minnesota Statute 169A.63 subd. 10. In no case will the City be responsible for any attorney's fees over and above 30% of the proceeds of the vehicle that is forfeited. C. Payments for legal services provided to the City shall be made in the manner provided by law. The City will normally pay for services within thirty (30) days of receipt of a statement for services rendered. 4. INSURANCE. The Attorney will purchase and maintain sufficient insurance to protect Attorney against claims for legal malpractice. 5. MISCELLANEOUS. Minnesota. A. Governing Law. This Agreement shall be governed by the laws of the State of B. Assignment. The Attorney may not assign or refer any of the legal services to be performed hereunder without the written consent of the Orono City Council. C. Effective Date. This Agreement shall become effective upon its execution by the City and the Attorney. D. Changes. This Agreement shall not be modified or amended without the approval in writing of the Orono City Council. 2 E. Minnesota Government Data Practices Act. Attorney must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it applies to (1) all data provided by the City pursuant to this Agreement, and (2) all data, created, collected, received, stored, used, maintained, or disseminated by Attorney pursuant to this Agreement. Attorney is subject to all the provisions of the Minnesota Government Data Practices Act, including but not limited to the civil remedies of Minnesota Statutes Section 13.08, as if it were a government entity. In the event Attorney receives a request to release data, Attorney must immediately notify the City. The City will give Attorney instructions concerning the release of the data to the requesting party before the data is released. Attorney agrees to defend, indemnify, and hold the City, its officials, officers, agents, employees, and volunteers harmless from any claims resulting from Attorney's officers', agents', partners', employees', volunteers', assignees' or subcontractors' unlawful disclosure and/or use of protected data. The terms of this paragraph shall survive the cancellation or termination of this Agreement. Dated: , 2016. CITY OF ORONO :• Lili Tod McMillan, Mayor Jessica Loftus, City Administrator Dated: .2016. ATTORNEY MW 3 Kenneth Potts Department Approval: Name Diane Tiegs REQUEST FOR COUNCIL ACTION Administrator Reviewed Y"_4 DATE: September 26, 2016 ITEM NO: 11 Agenda Section: City Administrator Report Title City Clerk Item Description: One Day Temporary Permit for On -Sale Liquor — Long Lake Fire Department PERMIT ONE DAY LIQUOR LICENSES Orono Lions for the Long Lake Fire Department PO Box 65 Orono, MN Police Report stated no violations in the past five years. The applicants have met the requirements and submitted a complete application. Staff recommends approval of the license applications. COUNCIL ACTION REQUESTED: Consider a motion to approve the above listed licenses. Application for Temporary Liquor License Please check all of the following that apply: Type of License: On Sale Intoxicating Liquor (One to Four Days) • Spirits/Liquor * Wine (Up to 14% alcohol) ❑ Consumption & Display (Setup) (One Day) ❑ 3.2% Beer On Sale (One to Four Days) ❑ Off Sale - Wine Auction (Check with State Gambling Division) Fee: _ $25.00 Date Paid: L QQ LLL Receipt #: CAc _ Go 3 sci e of Organization: 9 :Club ❑ Charitable ❑ Religious ❑ Other Nonprofit ❑ Political Committee ❑ State University Date(s) liquor will be served and/or sold. P — ! .-- Location liquor will be served and/or sold: _ L16_ (Z..) e Or. „ Please describe the social event sponsored by the licensee: i �L 1. Name of Organization: 2. Name of Applicant: (r,, V 3. Contact Information: _ 41 Sar -l'– 61W Thom) 4. Type of event: –S - 5. Name of the event: Ae-l� 40d AW L(CP4 6. Hours of the event: 7. Number of guests (approximately): _ 8. Who will be serving the liquor? 9. Will this event be open to the general public? Yes ❑ No 10. Is this event by invitation only? ❑ Yes do 11. Are tickets sold for admission to the event? X Yes ❑ No 12. If tickets are sold, for what purpose are net profits used?- �ee ZVt m colt 13. If tickets are sold, is liquor included with the price of the ticket? X Yes Page 2 14. Will there be a charge for drinks? ;` Yes No 15. Will there be food available? [] No Describe the type of food, how it will be served, and the hours food will be available. 16. Applicant and his associates in this application will strictly comply with all the laws of the State of Minnesota governing the taxation and the sale of intoxicating liquor, wine, or 3.2 percent malt liquor or beer and the Orono City Code, and I hereby certify that 1 have read the foregoing questions and that the answers to said questions are true of my own knowledge. IT As the person executing this application for this license, I acknowledge that an investigation will be conducted for use in determining my qualifications. I hereby expressly authorize release of any and all information which any organization, company or person may have, including information of a confidential or privileged nature. I hereby release the City and any organization, company or person fihrnishing information to the City, as expressly authorized above, from any liability for damage which may result from furnishing the information requested. 18. The information requested on this form will be used by the City of Orono in the issuance of your license or processing of your renewal application. The information that you supply on this form will become public information when received by the City of Orono. Under Minnesota law {M.S. 270.72), the City may be required to provide the business tax identification number and social security number of each applicant to the Minnesota Commissioner of Revenue. ANY FALSIFICATION OF ANSWERS TO THE ABOVE MMSTIONS WILL RESULT IN DENIAL OF THE APPLICATION. (ignature) (Title) Review by Administration- ❑ Approved ❑ Denied ❑ NA Review by Police De artment [] Approved g Denied ❑ NA Corriments. For Office Use Only By. Page 3 DATA PRIVACY ADVISORY In accordance with M.S. 13.04, Subd. 2, "Rights of subjects of data", we would like to inform you that your request for a permit or license from the City of Orono or any of its departments may require you to fiamish certain private or confidential information. You are notified that: 1. The information you furnish will be used to determine your qualification for the permit or license requested. 2. You may refuse to supply data, but refusal may require that the City deny the permit or license. 3. The information may be, shared with other local, state or federal agencies to the extent necessary to process the permit or license. 4. If your requested permit or license requires Council action to approve, some information may become public. 5. You have certain rights under M.S. 13.04 to review private data on yourself 6. Your fiil1 name is required to process this application or permit. 7. Per Chapter 30 of the Orono Minnesota City Code, a computerized criminal history inquiry and/or mm driver's license history inquiry on the applicant may be conducted to verify the information provided with the application. NAME: middle last ADDRESS: kLZS =a -- house number street city state zip DATE OR BIRTH: _ -1 PHONE: to ptlgA me th/ diy i year —_ I understand my rights as stated above. signature page a CERTIFICATE OF LIABILITY INSURANCE°"Tl"mxioff , /22/2016 _ THIS CERTIFICATE ISIS.4URD AS A MATTER OF INFORMATION ONLY AND CONFERS NO RICIEW* UPON THE CERTiFICAlt HOLOER. tH1S CEkMCATE DONS NOT AfmimATIVELY OR NEOAIWEL.Y AMINO, EXTEND OR ALTER THE GOVERA412 AFFOM" 9Y TW POLICIES BELOW. T"IS CERYnCATE Of INSURANCE DON NOT CON$T'KIVM A CONTRACT BETWEEN T"G ISSUING INSURERS), AUTHORIUD kGPR6S NTATIVE OR PRODUCS{t, AND THE CERTIMCATS IIOLD6'R. V PORTANT: N the arfficate holder Is an ADDITIONAL INSURED, the poilcY(ies) must be endorsed. If SUBUGATION IB WAIVED, subjW to the terms and conditlons of the pollCY, cwbin policies nW require an andomsmenL A statement on this Certificate does not confar rights to the certiffdab holder In heel of such endenomenthl_ FROOMBIK Lua�al`s Olson ChrisCansen Group 1naul;ance {4814) 653-1000 SItIlsy;ia->><aa 11100 Sren Road Neal ��, lelsoa�ehri slranslatetclsout?. oaa Minnetonka MN 55343 -MMMAIN I - IN/URM u U Orono Lions Club 20 Ron 65 ------ —__ Lala HN 55356 S'VVVXAVI%* CERTIFICATE NUMBER:16-17 Liab RiEVI$ION NUM11jEIt• THIS 13 TO CERTIFY THAT THE POLICIES OF INSUIOANCE L19M BELOW HAVE A061 ISSUED TO THE INSURM NAMED ABOVE ROik TmE POLICY 00100 INOICATI O. NOTWftSTA NDINO ANY REOUIRBMENi, TERM OR CONWION OF ANY CONTRACT Olt Qtmm DCCumrw WITH RESPECT TO WHICH THIS CERTIFICATE MAY OE IOSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY TIME POLICIES DESCRIBED HEREIN 18 91URJECT TO ALL TME TERM$, F.MUSIONS AND SOHI MON$ OF SUCH POLICIES. LIMITS SHOWN MAY MV(:, BEEN ftov= BY rmo CLAIMS. F 7TM gaSURAfaONPDXYRUMMLa4it} X CONRt' IAL WNI•IRALUAa1LrTY I i 1.000.000 A CLAIMBB ACM ,_a i OCCUR ! I y i •-100,000 _ J�1.07d6T I,/i fzOt4 t/l/xos� y rn rete � slaCs+OOBD 1 ada.ODo Z GEN ORE L AAOATE UMIT APPLM PER! � P011cr � � s,oc �NeRAt AOOREOATE s 2,000,000 E-POMPIOPArm 3.000.000 AUTCMOMA LMALr Y ANY AUM Amm D 60MCPJLKO HIND AVf05 UNFORUJALIA6 IOCCUR 1 Excass UAa j CI.AIMs,MAOE j IIMsMI'JasATIclf C 9MPLOYM NANILffY srRCPRstigRJPARTNBRIi>f�TNa YIN I :IORlrueM4a'� kxs'auCkty� � N 1 A A:aetlal W kw" 5 -asa! sl $ BODILY INJUIRY ftfemmy It sODiLYgWUF1Y1Pdfdi4lddMU S �e� d ]i � t,xaaoi< ar;saii,bx7f a I nilI76a71 I iii/$016 11112017 1 V..ACH C0MWN CAU9# 01,009,000 i [ I Af00RSGATL $1,000,000 eKsewrrrer e., e..wA rpw� wow*!er,��yeww:aai 1APOR0 11M, Addu.ar Z-1 r.r.r,n...�,�,... frR Cartificato lioldela< 3,s IncludW as an, lldditional Insures! under the CotsetRf rgLal Iienafral Llabllity and Liquor Liability Wbmn regotzed by vritt-ad s]Ont;raKot. City of Orono 2754 Kelley Parkway Orono. IK 631336 AGORID 29 (2014!01) INS0261soom) SHOULD ANY *F THE ABOVE 0PS0RaBZD POLICW0 Elft (;iM*jLLEe BEFOMB 1M6 WIRATIO01 DATE 7I46RRoF, ltOTIC6 WILT. 09 D&NEI2EEy IN ACCORDANCE VM r f THE POLICY PRcwWaNil, Aur..a,wrm aohn HehdriekaofslLMO W 1331-2014 ACORD CORPORATION. All rights Deserved. Tire ACOftb name and logo we re Vistened marks of AGORD TO 4 DAY TEMPORARY ON -SALE LIQUOR LICENSE Name of o anization Use or an' ed Tax exempt number C) 12DV0 1 -7 Address City State Zip Code ,e tJ Minn esnta Name of person maldnj a plication Business hone Home phone ,rz`� Date(s) of event Organization officer's na e Organization officer's name Organization officer's name Type of organization S–Club ] Charitable ❑ Religious Other non-profit C State Zip Code -oMinnesota 3Z 7 C State Zip Code Minnesota city State Zi Code Mirmesota 71 Organization officer's name City State Zi Cade Minnesota Location where permit will be used. If an outdoor area, describe. 10,IZ.- /4P.4 'e�? , IA.,) d �� If the applicant will contract far intoxicating liquor service give the name and address of the liquor license providing the service. If the applicant will carry liquor liability insurance please provide the camel's name and amount of coverage„ APPROVAL APPLICATION MUST BE APPROVED BY CrrY OR COUNTY BEFORE SUBMWnNG TO ALCOHOL AND GAMBLING ENFORCEMENT L v 0 V �vn U q ( lCu City acKounty approIV a license Date Approved 'd crit Permit Date ate F Id ity r County E-mail Address 9-E�-D -Q-Ag _ .(,0E; City or CountyPhone Number or County al Approved Director Alcohol and Gambling Enforcement i_LERKS N01R-E: Submit this fora J AlcWiw and Gambling Enforcement UEvision 30 days prior to event. ONE SUBMISSION PER EMAIL, APPLICATION ONLY, PLEASE PROVIDE A VALID E-MAIL ADDRESS FOR THE CITYICOUNTY AS ALL TEMPORARY PERMIT APPROVALS WILL BE SENT BACK VIA EMAIL. E-MAIL THE APPLICATION SIGNED BY CITYICOJNTY TOAggTEMPORARY—APPLICATION@StATF-.MN.US Minnesota Department of Public Safety r Alcohol and Gambling Enforcement Division da 445 Minnesota Street, Suite 222, St Paul, MN 55101 --V , 651-201-7500 Fax 651-297-5259 TTY 651-282-6555 Atj�*MO P, GMfPbbhp 61WM1 0FJ � APPLICATION AND PERMIT FOR A 1 DAY TO 4 DAY TEMPORARY ON -SALE LIQUOR LICENSE Name of o anization Use or an' ed Tax exempt number C) 12DV0 1 -7 Address City State Zip Code ,e tJ Minn esnta Name of person maldnj a plication Business hone Home phone ,rz`� Date(s) of event Organization officer's na e Organization officer's name Organization officer's name Type of organization S–Club ] Charitable ❑ Religious Other non-profit C State Zip Code -oMinnesota 3Z 7 C State Zip Code Minnesota city State Zi Code Mirmesota 71 Organization officer's name City State Zi Cade Minnesota Location where permit will be used. If an outdoor area, describe. 10,IZ.- /4P.4 'e�? , IA.,) d �� If the applicant will contract far intoxicating liquor service give the name and address of the liquor license providing the service. If the applicant will carry liquor liability insurance please provide the camel's name and amount of coverage„ APPROVAL APPLICATION MUST BE APPROVED BY CrrY OR COUNTY BEFORE SUBMWnNG TO ALCOHOL AND GAMBLING ENFORCEMENT L v 0 V �vn U q ( lCu City acKounty approIV a license Date Approved 'd crit Permit Date ate F Id ity r County E-mail Address 9-E�-D -Q-Ag _ .(,0E; City or CountyPhone Number or County al Approved Director Alcohol and Gambling Enforcement i_LERKS N01R-E: Submit this fora J AlcWiw and Gambling Enforcement UEvision 30 days prior to event. ONE SUBMISSION PER EMAIL, APPLICATION ONLY, PLEASE PROVIDE A VALID E-MAIL ADDRESS FOR THE CITYICOUNTY AS ALL TEMPORARY PERMIT APPROVALS WILL BE SENT BACK VIA EMAIL. E-MAIL THE APPLICATION SIGNED BY CITYICOJNTY TOAggTEMPORARY—APPLICATION@StATF-.MN.US REQUEST FOR COUNCIL ACTION Date: Sep 26 2016 Item No. 12 Department Approval: Administrator Approval: Agenda Section: Name: Ron Olson — 311YO Y"-4 City Administrator's Title: Finance Director Report Item Description: Claims/Bills The attached claims for payment have been received by the City. Staff has reviewed the claims and is recommending approval of the listing for payment. The claims will be paid by checks 105950 to 106035, totaling $698,462.73 Noteworthy payments include: Allied Blacktop $ 43,764.79 Payment for the 2016 Crack Seal project. Insituform Technologies $233,888.46 Payment #1 for the 2015 Sewer CIPP Proj ect An improper setting on a compound meter Calvin Presbyterian Church $ 7,617.06 was resulting in an overbilling of this utility account. Valley Paving $164,940.88 Payment #3 for the Watertown Road Phase II Project. COUNCIL ACTION REQUESTED Motion to approve payment of the claims list as presented. City of Orono Check Register - COUNCIL REPORT Page: 1 Check Issue Dates: 9/13/2016 - 9/26/2016 Sep 22, 2016 11:51AM Department Invoice Amount Public Works Department 126.75 Golf Course 159.84 Sewer 55.98 Central Services 108.42 Police Department 108.41 43,764.79 Central Services Check Check Invoice Invoice GL Account Description Payee Issue Date Number Number Special Services 336.00 A-1 OUTDOOR POWER, INC 09/26/2016 105952 120142 101-43000-224 propane patch truck Total 105952: ADAMS PEST CONTROL INC 09/26/2016 105953 2458002 101-45210-223 BEE AND WASP SERVICE Total 105953: ADVANCED IMAGING SOLUTIO 09/26/2016 105954 INV112080 602-49450-401 printer maint contract 8/10 to 9/9 ADVANCED IMAGING SOLUTIO 09/26/2016 105954 INV112080 101-41900-401 printer maint contract 8/10 to 9/9 ADVANCED IMAGING SOLUTIO 09/26/2016 105954 INV112080 101-42110-401 printer maint contract 8/10 to 9/9 Total 105954: ALLIED BLACKTOP COMPANY 09/26/2016 105955 22615 435-48850-408 2016 CRACK SEAL PROGRAM Total 105955: APPRIZE TECHNOLOGY SOLUT 09/26/2016 105956 13075 101-41900-319 insurance enrollment online admin fee Total 105956: BATTERIES PLUS 09/26/2016 105957 021-354559 602-49450-406 batteries BATTERIES PLUS 09/26/2016 105957 021-354559 101.43000-403 batteries Total 105957: BERTELSON ONE SOURCE 09/26/2016 105958 WO -225608- 101-41900-201 office supplies Total 105958: BOLTON & MENK INC. 09/26/2016 105959 0194295 602-16500 2015 Sewer projects BOLTON & MENK INC. 09/26/2016 105959 0194297 225-45200-590 Brown Road Trail BOLTON & MENK INC. 09/26/2016 105959 0194299 101-43280-304 13-3626 Pine View BOLTON & MENK INC. 09/26/2016 105959 0194301 101-43280-304 15-3716 3850 Watertown Rd BOLTON & MENK INC. 09/26/2016 105959 0194302 101-43280-304 16-3853 1125 Pine View BOLTON & MENK INC. 09/26/2016 105959 0194303 101-43280-304 13-6307 Bayside Meadows BOLTON & MENK INC. 09/26/2016 105959 0194304 101.43280-304 16-3847 Shadywood Villas BOLTON & MENK INC. 09/26/2016 105959 0194305 101-43280-304 16-3822 Eisinger Meadows BOLTON & MENK INC. 09/26/2016 105959 0194306 101-43280-304 16-3807 Orono Preserve Department Invoice Amount Public Works Department 126.75 Golf Course 159.84 Sewer 55.98 Central Services 108.42 Police Department 108.41 43,764.79 Central Services 450.00 Special Services 450.00 Sewer 51.85 Public Works Department 15.95 Central Services 93.01 -1- 1,309.50 Special Services 304.00 Special Services 76.00 Special Services 320.00 Special Services 463.50 Special Services 1,512.00 Special Services 336.00 Special Services 356.00 City of Orono Check Register - COUNCIL REPORT Page: 2 Check Issue Dates: 9/13/2016 - 9/26/2016 Sep 22, 2016 11:51AM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount BOLTON & MENK INC. 09/26/2016 105959 0194307 101-43280-304 2789 Pheasant Rd Special Services 224.00 BOLTON & MENK INC. 09/26/2016 105959 0194308 101-43280-304 16-3828 Deerhill Preserve Special Services 112.00 BOLTON & MENK INC. 09/26/2016 105959 0194309 101-43280-304 15-3770 Orchard Farms Special Services 336.00 BOLTON & MENK INC. 09/26/2016 105959 0194311 101-43280-304 15-3763 Kintyre Preserve Special Services 56.00 BOLTON & MENK INC. 09/26/2016 105959 0194312 101-43280-304 15-3739 Mooney Lake Reserve Special Services 680.50 BOLTON & MENK INC. 09/26/2016 105959 0194313 402-48057-304 2016 fox feasibility study Fox Street 7,147.00 BOLTON & MENK INC. 09/26/2016 105959 0194316 602-49450-304 GIS -updates -sewer Sewer 1,170.00 BOLTON & MENK INC. 09/26/2016 105959 0194316 101-43170-304 GIS -updates -base maps Engineering 877.50 BOLTON & MENK INC. 09/26/2016 105959 0194318 437-48965-304 2016 Mill and Overlay project Brown Road Trail 1,867.00 BOLTON & MENK INC. 09/26/2016 105959 0194331 225-45200-511 Lurton Park -Wetland Del HAZ BLDG -2740 SHADYWOOD 1,421.00 BOLTON & MENK INC. 09/26/2016 105959 0194331 651-49910-304 GC drainage Storm Water 416.00 BOLTON & MENK INC. 09/26/2016 105959 0194331 651-49910-304 2800 countryside Storm Water 30.00 BOLTON & MENK INC. 09/26/2016 105959 0194331 101-43170-304 voting maps Engineering 30.00 BOLTON & MENK INC. 09/26/2016 105959 0194331 101-45200-225 saga hills-gps Parks 2,433.50 BOLTON & MENK INC. 09/26/2016 105959 0194333 601-16500 2016 North Well project 4,118.65 BOLTON & MENK INC. 09/26/2016 105959 0194337 602-16500 2016 Sewer projects 9,775.00 BOLTON & MENK INC. 09/26/2016 105959 0194339 101-43280-304 15-3723 Lakeview Addn Special Services 220.50 BOLTON & MENK INC. 09/26/2016 105959 0194341 651-49910-304 Pond assessments Storm Water 1,591.00 BOLTON & MENK INC. 09/26/2016 105959 0194343 402-48056-304 Watertown Rd phase 2 Watertown Road 23,938.05 Total 105959: BUDGET PRINTING Total 105960: Calvin Presbyterian Church Total 105961: 09/26/2016 105960 2627 601-49400-322 09/26/2016 105961 130177000 999-10015 61.654.70 shipping Water 11.97 11.97 meter error 7,617.06 7.617.06 CAMPBELL KNUTSON 09/26/2016 105962 2717-OOOG1 101-41600-307 General legal review Law/Legal Services 1,539.69 CAMPBELL KNUTSON 09/26/2016 105962 2717-OOOG1 602-49450-307 Sewer easement Sewer 346.00 CAMPBELL KNUTSON 09/26/2016 105962 2717-OOOG1 101-41600-307 data practices Law/Legal Services 186.00 CAMPBELL KNUTSON 09/26/2016 105962 2717-OOOG1 101-41600-307 Sex offenders ord Law/Legal Services 511.50 CAMPBELL KNUTSON 09/26/2016 105962 2717-OOOG1 101-42110-307 Labor negotiations Police Department 1,379.50 CAMPBELL KNUTSON 09/26/2016 105962 2717-004G1 101-42110-307 Police Matters Police Department 821.50 CAMPBELL KNUTSON 09/26/2016 105962 2717-115-G7 101-41600-308 Code enforcementlordinance violations Law/Legal Services 434.00 CAMPBELL KNUTSON 09/26/2016 105962 2717-201G5 101.41600-307 RECORDINGS Law/Legal Services 944.98 CAMPBELL KNUTSON 09/26/2016 105962 2717-238G2 406-48706-307 HAZ BLDG -2740 SHADYWOOD 151.00 CAMPBELL KNUTSON 09/26/2016 105962 2717-242G9 101-43280-307 Bayside Meadows Special Services 50.00 City of Orono Check Register - COUNCIL REPORT Page: 3 Check Issue Dates: 9/13/2016 - 9/26/2016 Sep 22, 2016 11:51AM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount CAMPBELL KNUTSON 09/26/2016 105962 2717-328G1 406-48706-307 HAZ BLDG -1735 Fagemess 233.85 393.20 CAMPBELL KNUTSON 09/26/2016 105962 2717401G3 101-41600-307 closing agreement-lurton Law/Legal Services 46.00 CAMPBELL KNUTSON 09/26/2016 105962 2717411 G4 101-43280-307 16-3807425/595 ocb Special Services 50.00 CAMPBELL KNUTSON 09/26/2016 105962 2717416G5 406-48706-307 3907 Cherry Ave hazardous bldg 105963 25.50 CAMPBELL KNUTSON 09/26/2016 105962 2717426G3 101-43280-307 16-3842 orono presery Special Services 600.00 CAMPBELL KNUTSON 09/26/2016 105962 2717-435G1 101-43280-307 16-3839-865 Ferndale Special Services 100.00 CAMPBELL KNUTSON 09/26/2016 105962 2717-436G1 101-43280-307 1240 Arbor St Special Services 100.00 CAMPBELL KNUTSON 09/26/2016 105962 2717-437G1 101-43280-307 16-3846 140 leaf Special Services 100.00 CAMPBELL KNUTSON 09/26/2016 105962 2717-438G1 101-43280-307 2525,2535,2545 Shadywood Special Services 200.00 CAMPBELL KNUTSON 09/26/2016 105962 2717439G1 10143280-307 2413 carman st Special Services 200.00 CAMPBELL KNUTSON 09/26/2016 105962 2717440G1 10143280-307 16-3860 Special Services 200.00 CAMPBELL KNUTSON 09/26/2016 105962 2717-441G1 101-41600-307 Land registration Law/Legal Services 186.00 CAMPBELL KNUTSON 09/26/2016 105962 2717442G 101-43280-307 16-3858 Special Services 200.00 CAMPBELL KNUTSON 09/26/2016 105962 2717-800G1 101-42400-307 Staff meetings 8/16 Building & Zoning 1,209.00 CAMPBELL KNUTSON 09/26/2016 105962 2717801G 101-41600-307 Council meetings 8/16 Law/Legal Services 914.50 CAMPBELL KNUTSON 09/26/2016 105962 2717-802G1 101-42400-307 B&Z assistance 8/16 Building & Zoning 713.00 Total 105962: 11,601.37 CARDMEMBER SERVICE 09/26/2016 105963 09082016 101-42110-223 filters for hvac units Police Department 233.85 CARDMEMBER SERVICE 09/26/2016 105963 AE09082016 101-41300-489 staff development Administration 62.00 CARDMEMBER SERVICE 09/26/2016 105963 AE090916 225-45200-530 Lurton Park -shade sail 3,193.40 CARDMEMBER SERVICE 09/26/2016 105963 AE09132016 101-41300-489 staff development/chipotle Administration 540.67 CARDMEMBER SERVICE 09/26/2016 105963 AE91516 101.43000-433 apwa MEMBERSHIP Public Works Department 155.41 CARDMEMBER SERVICE 09/26/2016 105963 AE91516 601.49400-433 apwa MEMBERSHIP Water 155.42 CARDMEMBER SERVICE 09/26/2016 105963 AE91516 602-49450-433 apwa MEMBERSHIP Sewer 155.42 CARDMEMBER SERVICE 09/26/2016 105963 CF08312016 101-42110-439 food for police commision meeting Police Department 17.95 CARDMEMBER SERVICE 09/26/2016 105963 CR90816 101-42110-437 search warrent class -JR Police Department 75.00 CARDMEMBER SERVICE 09/26/2016 105963 JL09072016 101-41300-489 Live,laugh&bloom floral/monticello Administration 74.76 CARDMEMBER SERVICE 09/26/2016 105963 R009142016 225-45200-530 Lurton Park -2 shade sails& waste station 6,652.15 CARDMEMBER SERVICE 09/26/2016 105963 R009212016 101-41900-201 coffee filters & water filters Central Services 146.27 Total 105963: CDW GOVERNMENT 09/26/2016 105964 FGC7315 405-48500-575 Total 105964: CHUNKS LAKESHORE AUTO 09/26/2016 105965 0014121 101-42110-402 CHUNKS LAKESHORE AUTO 09/26/2016 105965 0014125 101-42110-402 11,462.30 wireless access points 2,796.75 2,796.75 #244 oil change & service Police Department 45.79 #241 oil change & service Police Department 42.74 City of Orono Check Register - COUNCIL REPORT Page: 4 Check Issue Dates: 9/13/2016 - 9/26/2016 Sep 22, 2016 11:51AM Department Invoice Amount 88.53 Water 507.00 507.00 Police Department 169.62 169.62 Administration 41.68 2,079.50 379.00 2,458.50 10,000.00 Sewer Check Check Invoice Invoice GL Account Description Payee Issue Date Number Number 82.66 Police Department 250.00 250.00 Police Department 239.40 Total 105965: CITY OF BLOOMINGTON 09/26/2016 105966 08312016 601-49400-489 water testing Total 105966: CROSSROADS ANIMAL SHELT 09/26/2016 105967 0816 101-42110-317 animal control Total 105967: DAVE KLITZKE 09/26/2016 105968 09122016 101-41300-489 POP & WATER -PICNIC Total 105968: DELTA DENTAL 09/26/2016 105969 6635983 101-21709 003722072 OctDental DELTA DENTAL 09/26/2016 105969 6635983 101-15998 003722072 OctDental Total 105969: ERIC MERCER 09/26/2016 105970 09202016 101-22205 Escrow Refund 2014-01488 Total 105970: ESS BROTHERS & SONS 09/26/2016 105971 VV6846 602-49450-406 manhole supplies- Tonkawa Bridge Total 105971: G & K SERVICES 09/26/2016 105972 1006100410 101-45210-404 logo mats G & K SERVICES 09/26/2016 105972 1006889178 101-43000-226 uniform G & K SERVICES 09/26/2016 105972 1006889178 101-43000-221 towels Total 105972: GLOCK 09/26/2016 105973 TRP/100087 101-42110-437 armorer's course-edina Total 105973: GPS INTERNATIONAL TECHNO 09/26/2016 105974 16887 101-42110-401 ANNUAL -FEE Department Invoice Amount 88.53 Water 507.00 507.00 Police Department 169.62 169.62 Administration 41.68 2,079.50 379.00 2,458.50 10,000.00 Sewer 621.00 621.00 Golf Course 18.34 Public Works Department 57.94 Public Works Department 6.38 82.66 Police Department 250.00 250.00 Police Department 239.40 City of Orono Check Register - COUNCIL REPORT Page: 5 Check Issue Dates: 9/13/2016 - 9/26/2016 Sep 22, 2016 11:51AM Payee Check Issue Date Check Number Invoice Number Invoice GL Account Description Department Invoice Amount Total 105974: 239.40 GREAT LAKES COCA-COLA 09/26/2016 105975 3602200779 101-45210-092 beverages for concessions Golf Course 240.72 Total 105975: 240.72 HD SUPPLY WHITE CAP 09/26/2016 105976 1000575953 101-43000-222 maintenance supplies Public Works Department 148.13 Total 105976: 148.13 HENNEPIN COUNTY INFOR TE 09/26/2016 105977 1000080811 101-42110-414 radio lease and MDC billing Police Department 1,823.73 Total 105977: 1,823.73 High Road Heating & Cooling 09/26/2016 105978 8989 602-49450-403 LS #14 generator gas line Sewer 426.13 Total 105978: 426.13 HOLIDAY INN & SUITES 09/26/2016 105979 09202016 101-42110-437 MN CRIME PREV CONF/J.MCCOY Police Department 175.00 Total 105979: 175.00 INSITUFORM 09/19/2016 105950 08112016 602-20600 2014 Sanitary Sewer CIPP rehab#3/fnal 11,958.37 Total 105950: 11,958.37 INSITUFORM TECHNOLOGIES 09/19/2016 105951 PAY REQ1 602-16500 2015 SEWER PROJECT RFP#1 246,198.38 INSITUFORM TECHNOLOGIES 09/19/2016 105951 PAY REQ1 602-20600 2015 SEWER PROJECT RFP#1 12,309.92 - Total 105951: 233,888.46 INTERSTATE BATTERIES 09/26/2016 105980 R001117252: 602-49450-403 LS#12 service work Sewer 433.07 Total 105980: 433.07 JEFF & JACQUELINE JARNES 09/26/2016 105981 09212016 101-22205 Escrow Refund- 2015-00040 10,000.00 Total 105981: 10,000.00 City of Orono Check Register - COUNCIL REPORT Page: 6 Check Issue Dates: 9/13/2016 - 9/26/2016 Sep 22, 2016 11:51AM Department Invoice Amount Law/Legal Services 127.50 Golf Course 135.85 Public Works Department Check Check Invoice Invoice GL Account Description Payee Issue Date Number Number JEFFREY W. LAMBERT P.A. 09/26/2016 105982 09072016 101-41600-306 conflict prosecution Total 105982: JIM & MARGARET KELLY 09/26/2016 105983 09202016 101-22205 Escrow Refund 2014-01104 Total 105983: JJ TAYLOR DIST LF MN JJ TAYL 09/26/2016 105984 2552667 101-45210-091 beer for concessions Total 105984: JUSTIN HIRSCH 09/26/2016 105985 09132016 101-43000-441 class A driver license Total 105985: KELLY HERZOG 09/26/2016 105986 08122016 101-41300-489 reimb prize drawing/emp appy Total 105986: LEAGUE OF MN CITIES 09/26/2016 105987 09012016 101-41110-433 Annual Dues/2016-2017 Total 105987: LOGIS 09/26/2016 105988 42274 101.42110-310 police records LOGIS 09/26/2016 105988 42274 101-41900-329 internet LOGIS 09/26/2016 105988 42274 101-42110-329 internet LOGIS 09/26/2016 105988 42274 101-41900-319 backups LOGIS 09/26/2016 105988 42340 101-41900-401 symantic/win10 issues Total 105988: LUBE TECH ESI 09/26/2016 105989 12080 101-41900-403 repair fuel pumps Total 105989: MANSFIELD OIL COMPANY 09/26/2016 105990 690356 101-43000-212 Diesel MANSFIELD OIL COMPANY 09/26/2016 105990 690357 101.42110-212 Fuel MANSFIELD OIL COMPANY 09/26/2016 105990 CM -012319 101-42110-212 MN STATE FUEL REFUND MANSFIELD OIL COMPANY 09/26/2016 105990 CM -012435 101-42110-212 MN STATE FUEL REFUND -JUNE Department Invoice Amount Law/Legal Services 127.50 Golf Course 135.85 Public Works Department 44.25 Central Services 44.25 Administration 27.26 Central Services 27.26 Mayor & Council 7,480.00 Police Department 6,017.00 Central Services 194.50 Police Department 194.50 Central Services 960.00 Central Services 247.50 Central Services Public Works Department 471.43 Police Department 2,351.04 Police Department 50.00 - Police Department 69.40- City of Orono Check Register - COUNCIL REPORT Page: 7 Check Issue Dates: 9/13/2016 - 9/26/2016 Sep 22, 2016 11:51AM Department Invoice Amount Police Department 53.00 - Police Department 90.00- 2,560.07 2,500.00 Sewer 32,877.48 4,970.00 49.70 - Building & Zoning 7,526.00 Parks 2,225.00 Parks 2,610.00 Parks 125.00 Public Works Department 25.11 Police Department 37.53 Police Department 9.59 Check Check Invoice Invoice GL Account Description Payee Issue Date Number Number MANSFIELD OIL COMPANY 09/26/2016 105990 CM -016722 101-42110-212 MN STATE FUEL REFUND -AUG MANSFIELD OIL COMPANY 09/26/2016 105990 CM -23938 101-42110-212 MN STATE FUEL REFUND Total 105990: MATTHEW & JENNIFER NYQUI 09/26/2016 105991 09212016 101-22205 Escrow Refund 2014-01252 Total 105991: MET COUNCIL ENVIRONMENTA 09/26/2016 105992 0001059223 602-49450-383 Oct wastewater service MET COUNCIL ENVIRONMENTA 09/26/2016 105992 082016 101-20809 Sac MET COUNCIL ENVIRONMENTA 09/26/2016 105992 082016 101-39610 SAC credit Total 105992: METRO WEST INSPECTIONS S 09/26/2016 105993 09142016 101-42400-310 Aug inspection services Total 105993: MEYERS OUTDOOR SERVICES 09/26/2016 105994 4433 101-45200-403 August lawn service Total 105994: MICHAEL & MEGAN TAMTE 09/26/2016 105995 09212016 101-22205 Escrow Refund 2016-00298 Total 105995: MIDWEST GROUNDCOVER 09/26/2016 105996 16090 101-45200-223 NAVARRE PARK/WOOD FIBER CHIPS Total 105996: MIDWEST TURF AND LANDSCA 09/26/2016 105997 6716 101-45200-404 weed disposal Crestview Ln Total 105997: MINNEAPOLIS OXYGEN COMP 09/26/2016 105998 171160023 101-43000-224 oxygen, acetylene MINNEAPOLIS OXYGEN COMP 09/26/2016 105998 171160024 101-42110-221 oxygen MINNEAPOLIS OXYGEN COMP 09/26/2016 105998 171160025 101.42110-221 oxygen Department Invoice Amount Police Department 53.00 - Police Department 90.00- 2,560.07 2,500.00 Sewer 32,877.48 4,970.00 49.70 - Building & Zoning 7,526.00 Parks 2,225.00 Parks 2,610.00 Parks 125.00 Public Works Department 25.11 Police Department 37.53 Police Department 9.59 City of Orono Check Register - COUNCIL REPORT Page: 8 Check Issue Dates: 9/13/2016 - 9/26/2016 Sep 22, 2016 11:51AM Payee Check Issue Date Check Number Invoice Number Invoice GL Account Description Department Invoice Amount Total 105998: 72.23 MINNESOTA DEPT OF REVENU 09/26/2016 105999 AUG16 101-34210 sales tax 2,024.00 Total 105999: 2,024.00 MINNESOTA EQUIPMENT 09/26/2016 106000 P49415 101-45200-403 chain saw supplies Parks 89.90 Total 106000: 89.90 MISSION COMMUNICATIONS LL 09/26/2016 106001 1004174 602-49450-415 ORCHARD BEACH ALARM MONITORING Sewer 347.40 Total 106001: 347.40 MN POLLUTION CONTROL AGE 09/26/2016 106002 09162016 602-49450-441 Wastewater operator certification J.Hirsch Sewer 23.00 Total 106002: 23.00 NAVARRE HARDWARE 09/26/2016 106003 2947140 601-49400-216 supplies Water 7.78 NAVARRE HARDWARE 09/26/2016 106003 296959 101-45210-223 supplies Golf Course 11.98 NAVARRE HARDWARE 09/26/2016 106003 297007 101-42110-402 supplies Police Department 10.78 NAVARRE HARDWARE 09/26/2016 106003 297122 101-45200-223 parks -pruner Parks 17.99 NAVARRE HARDWARE 09/26/2016 106003 297180 101.45200-403 supplies- Navarre park Parks 13.16 NAVARRE HARDWARE 09/26/2016 106003 297181 101.45200-223 parks -drill bit Parks 19.97 NAVARRE HARDWARE 09/26/2016 106003 297235 601-49400-227 wire brush Water 4.49 NAVARRE HARDWARE 09/26/2016 106003 297257 101-45200-223 tower park- hardware Parks .94 Total 106003: 87.09 NEWEGG INC 09/26/2016 106004 1202106899 101-42110-221 AC ADAPTER FOR PD Police Department 40.99 Total 106004: 40.99 NOVA COMMUNICATIONS 09/26/2016 106005 103783 101-41900-401 MXIE ISSUE Central Services 30.00 NOVA COMMUNICATIONS 09/26/2016 106005 104171 101-41900-401 change RECORDING Central Services 30.00 Total 106005: 60.00 O SULLIVANS HOLIDAY 546 09/26/2016 106006 07312016 101-42110-402 car wash Police Department 27.50 City of Orono Check Register - COUNCIL REPORT Page: 9 Check Issue Dates: 9/13/2016 - 9/26/2016 Sep 22, 2016 11:51AM Department Check Check Invoice Invoice GL Account Description Payee Issue Date Number Number Central Services 64.16 O SULLIVANS HOLIDAY 546 09/26/2016 106006 08312016 101-42110-402 car wash Total 106006: 90.00 O SULLIVANS HOLIDAY 547 09/26/2016 106007 08312016 101-42110-402 car washes Total 106007: OFFICE DEPOT 09/26/2016 106008 8626961530 101-41900-201 ofice supplies Total 106008: OFFICE DEPOT 09/26/2016 106009 8629647490 101-42110-201 pd -supplies Total 106009: OTTEN BROTHERS 09/26/2016 106010 1-1464605 101-45200-223 top soil Total 106010: PAUL & LOIS REHMAN 09/26/2016 106011 09212016 101-22205 Escrow Refund 2016-00941 Total 106011: PIRTEK 09/26/2016 106012 S2340250.00 602-49450-402 #713 repair jetter hose Total 106012: QUALITY FLOW SYSTEMS INC 09/26/2016 106013 32518 602-49450-406 service checks QUALITY FLOW SYSTEMS INC 09/26/2016 106013 32529 602-49450-406 LS 10 repair Total 106013: RACHEL DODGE 09/26/2016 106014 09212016 101-41900-201 election tray sorter Total 106014: REED VENDING 09/26/2016 106015 9263 613-49900-093 snacks for concessions Department Invoice Amount Police Department 27.50 Sewer .00 Police Department 251.64 251.64 Central Services 64.16 64.16 Police Department 102.10 102.10 Parks 90.00 90.00 2,000.00 Sewer 159.72 159.72 Sewer 505.00 Sewer 3,460.00 3,965.00 Central Services 20.59 20.59 Golf Course - Purchases 61.20 City of Orono Check Register - COUNCIL REPORT Page: 10 Check Issue Dates: 9/13/2016 - 9/26/2016 Sep 22, 2016 11:51AM Department Invoice Amount 61.20 10,000.00 10,000.00 Central Services 43.98 43.98 Central Services 90.00 Central Services 373.00 373.00 Police Check Check Invoice Invoice GL Account Description Payee Issue Date Number Number Department 780.00 Police Department 159.99 Police Department 519.74 Total 106015: Department 6,465.82 Police Department 76.98 ROBERT & JENNIFER EATON 09/26/2016 106016 09212016 101-22205 Escrow Refund 2015-00484 Total 106016: Department 219.96 SCHWAAB INC 09/26/2016 106017 1590623 101-41900-201 stamp Total 106017: SELECT ACCOUNT 09/26/2016 106018 1160607 101-41900-319 participant fee Total 106018: SELECT ACCOUNT 09/26/2016 106019 38274308 101-21719 FLEX Total 106019: SELECT ACCOUNT 09/26/2016 106020 38269999 101-21719 FLEX Total 106020: SONICLEAR 09/26/2016 106021 09012016 101.41900-416 ANNUAL SUPPORT Total 106021: STREICHERS POLICE EQUIP 09/26/2016 106022 11220688 101-42110-226 supplies STREICHERS POLICE EQUIP 09/26/2016 106022 CM274015 101-42110-226 supplies STREICHERS POLICE EQUIP 09/26/2016 106022 11221038 101-42110-226 Needham uniforms STREICHERS POLICE EQUIP 09/26/2016 106022 11221131 101-42110-226 Stensrud uniforms STREICHERS POLICE EQUIP 09/26/2016 106022 11222386 101-42110-226 supplies STREICHERS POLICE EQUIP 09/26/2016 106022 11224003 101-42110-403 supplies STREICHERS POLICE EQUIP 09/26/2016 106022 11224721 101-42110-550 setup STREICHERS POLICE EQUIP 09/26/2016 106022 11224751 101-42110-226 Sonnek uniforms STREICHERS POLICE EQUIP 09/26/2016 106022 11224836 101-42110-228 supplies STREICHERS POLICE EQUIP 09/26/2016 106022 11226034 101-42110-226 setup STREICHERS POLICE EQUIP 09/26/2016 106022 11226067 101.42110-226 Needham uniforms Department Invoice Amount 61.20 10,000.00 10,000.00 Central Services 43.98 43.98 Central Services 90.00 Central Services 373.00 373.00 Police Department 51.99 Police Department 129.99 - Police Department 229.99 Police Department 780.00 Police Department 159.99 Police Department 519.74 Police Department 6,465.82 Police Department 76.98 Police Department 250.00 Police Department 18.00 Police Department 219.96 City of Orono Check Register - COUNCIL REPORT Page: 11 Check Issue Dates: 9/13/2016 - 9/26/2016 Sep 22, 2016 11:51AM Department Check Check Invoice Invoice GL Account Description Payee Issue Date Number Number Central Services 843.62 1,931.66 Police Department 4,125.82 4,125.82 Total 106022: 216.25 Golf Course 514.68 - Golf Course 632.53 SUMMIT COMPANIES 09/26/2016 106023 1142907 101-41900-404 Fire extinguisher inspection City Hall SUMMIT COMPANIES 09/26/2016 106023 1142908 601-49400-403 Fire extinguisher inspection Well house SUMMIT COMPANIES 09/26/2016 106023 1142912 101-42110-403 Fire extinguisher inspection PD SUMMIT COMPANIES 09/26/2016 106023 1142913 101-41900-403 Fire extinguisher inspection PW Total 106023: TASER INTERNATIONAL 09/26/2016 106024 S11450315 101-42110-440 tasersupplies Total 106024: TESSMAN COMPANY 09/26/2016 106025 52377936 -IN 101-45210-223 fungicide TESSMAN COMPANY 09/26/2016 106025 5237944 -CM 101-45210-223 credit TESSMAN COMPANY 09/26/2016 106025 5240341 -IN 101-45210-223 fungicide Total 106025: THE HOME DEPOT 09/26/2016 106026 090716 101-45200-404 picnic table repair parts, sign parts THE HOME DEPOT 09/26/2016 106026 09092016 101-45210-221 GC supplies THE HOME DEPOT 09/26/2016 106026 091616 101-45210-223 GC supplies Total 106026: TIM SONNEK 09/26/2016 106027 08182016 101-42110-226 clothing reimb Total 106027: TOLL GAS & WELDING SUPPLY 09/26/2016 106028 10151891 101-43000-224 welding supplies Total 106028: TRUE VALUE HARDWARE 09/26/2016 106029 6354313 101-45200-403 Navaree park/table repair Total 106029: VALLEY PAVING INC 09/26/2016 106030 3 402-20600 Watertown Road Phase II VALLEY PAVING INC 09/26/2016 106030 3 402-48056-590 Watertown Road Phase 11 Department Invoice Amount 8,642.48 Central Services 296.79 Water 25.00 Police Department 766.25 Central Services 843.62 1,931.66 Police Department 4,125.82 4,125.82 Golf Course 216.25 Golf Course 514.68 - Golf Course 632.53 334.10 Parks 412.46 Golf Course 152.44 Golf Course 79.55 644.45 Police Department 58.98 58.98 Public Works Department 90.73 90.73 Parks 43.98 Watertown Road 173,632.51 City of Orono Check Register - COUNCIL REPORT Page: 12 Check Issue Dates: 9/13/2016 - 9/26/2016 Sep 22, 2016 11:51AM Description WYMAN, JAMES 09/26/2016 106034 09212016 101-22205 Escrow refund 2015-01332 Total 106034: YAMAHA GOLF & UTILITY INC 09/26/2016 106035 01-176349 101-45210-415 event rental Total 106035: Grand Totals: Department Invoice Amount 164,940.88 Public Works Department Check Check Invoice Invoice GL Account 154.23 Payee Issue Date Number Number Sewer 70.02 Total 106030: VERIZON WIRELESS 09/26/2016 106031 9771526909 101-43000-415 9/07 to 10/06 VERIZON WIRELESS 09/26/2016 106031 9771526909 101-42110-321 9/07 to 10/06 VERIZON WIRELESS 09/26/2016 106031 9771526909 101-41900-321 9/07 to 10/06 VERIZON WIRELESS 09/26/2016 106031 9771526909 101-45210-321 9/07 to 10/06 VERIZON WIRELESS 09/26/2016 106031 9771526909 601-49400-321 9/07 to 10/06 VERIZON WIRELESS 09/26/2016 106031 9771526909 602-49450-321 9/07 to 10/06 Total 106031: WESTSIDE WHOLESALE TIRE 09/26/2016 106032 774558 101-43000-402 #450 tires Total 106032: WRIGHT HENNEPIN ELECTRIC 09/26/2016 106033 09092016 101-43000-381 9/01 to 10/01 service WRIGHT HENNEPIN ELECTRIC 09/26/2016 106033 09092016 602-49450-381 9/01 to 10/01 service Total 106033: Description WYMAN, JAMES 09/26/2016 106034 09212016 101-22205 Escrow refund 2015-01332 Total 106034: YAMAHA GOLF & UTILITY INC 09/26/2016 106035 01-176349 101-45210-415 event rental Total 106035: Grand Totals: Department Invoice Amount 164,940.88 Public Works Department 35.01 Police Department 1,395.75 Central Services 154.23 Golf Course 76.62 Water 70.02 Sewer 70.02 Public Works Department 1,050.00 1,050.00 Public Works Department 71.05 Sewer 54.03 Golf Course REQUEST FOR COUNCIL ACTION DATE: September 26, 2016 ITEM NO: 13 Department Approval: Administrator Reviewed: Agenda Section: Name Jessica Loftus Y"-4 Closed Meeting Title City Administrator Item Description: Closed Meeting — Labor Negotiation The Open Meeting Law, Minn. Stat. Sec. 13D.03, allows the City Council to close a meeting to discuss labor negotiation strategies. The meeting does need to be tape recorded and no further City Council business will be conducted after the closed meeting other than to adjourn. Attached under separate confidential cover is the initial proposal from the Police Officers union for discussion. COUNCIL ACTION REQUESTED: Consider a motion to close the regular meeting to discuss labor negotiation strategies. Contract Issues L.E.L.S. Local #40 Orono Police Officers Date: The Union wishes to discuss and reach resolution on the following issues: 1. Article XXV - Duration, The Union prefers a 2 year agreement. 2. Article Xi — Work Schedules, Add the following language: 11.4 The 60 3. Article XIV — CaIl Back Time Increase the minimum from two (2) hours to three (3). 4. Article XV — Court Standby Time Delete the current language and add the following: 15.1 An Employee who is re aired to a ear in court during the Employee's scheduled off-duty time shall receive a minimum of three 3 hours pU at one and one -half -(1.5) times the Employee's base pay rate. An extension or early report to a regularly scheduled shift for duty does not qualify the Employee for the three (3) hour minimum. 15.2 Employees reed by the Employer to standby for a potential court appearance shall be paid a minimum of three (3) hours for such standby time at the rate of one. hour pay for each hour on standby. If an Employee on standby is re uired to report to court standby time is then converted to court time as provided in Section 15.1. 15.3 Employees who have been placed on standby and who are not notified of a court cancellation prior to 5:00 p.m. on the day rep ceding the scheduled appearance will be paid for the appearance in the same fashion as described in Section 15.1 of this agreement. 15.4 If the employee owes time to the City the amine standby will may be subtracted from the balance owed at the Employee's discretion. If the employee does not owe the City time, the employee will receive twe (2) three 3 hours of pay at the regular rate. As an alternative, upon mutual agreement and if within the compensatory time accumulation maximum, the employee may receive #ive-(2) three 3 of compensatory time at the straight time rate. 5. Article XVIII — Wages, 18.2 —18.3 Increase the 3 year top pay by 3.75% for each year of the contract.] 18.5 LONGEVITY A. After 4 years 3% additional to base rate After 6 years 5% additional to base rate After 10 years 7% additional to base rate After 14 years 9% additional to base rate After 18 years 12% additional to base rate 6. Article XIX — Insurance, Discuss amount of increase of the Employer contributions as they apply to "Single" "Single Plus" and "Family" coverage for each year. 7. Article XXI — Vacation Add the following language to the current language as follows: 21.1 Employees will accumulate vacation leave according to the following schedule: 0 through -5 3 years continuous service 4-0 7 days (99 84 hours) 6 4 through 4-0 8 years continuous service 10 days (120 hours) 4-19 through 44 13 years continuous service 12 days (144 hours) 4614-15 years continuous service 13 days (156 hours) 4716 years continuous service 14 days (168 hours) 4-817 years continuous service 15 days (180 hours) 4918 years continuous service 16 days (192 hours) 20 years and over continuous service 18 days (216) hours 21.2 The maximum accumulation of accrued vacation is 249 280 hours. An em oyee, at the 280 maximum may cash out the additional hnnra Compensation 45plan. 21.3 Vacation requests shall not be denied because of creatine overtime exce t in an emgLrgency situation. 8, ARTICLE XXIV SEVERANCE PAY Each employee with at least three (3) years, but less than twelve (12) years, of service with the EMPLOYER will receive, upon honorable termination of employment, one-third (1/3) of the employee's accumulated sick leave as severance pay. Each employee with twelve (12) years or more of service with the Employer will receive, upon honorable termination of employment, one-half (1/2) of the employee's accumulated sick leave as severance pay. These funds sMI be-depe&ited 9. ARTICLE XXV POST EMPLOYMENT HEALTH CARE SAVINGS ACCOUNT 25.1 Each employee shall participate in the Minnesota Post Employment Health Care Savings Plan (HCSP) established under Minnesota Statues section 352.98. All funds collected by the employer on behalf of the employees shall be deposited into the HCSP. , g Each employee shall contribute 2% of salary to the HCSP. The employer shalt deduct this amount from each payroll check. Upon termination of employment 1.00% of severance pay, as that term is defined in this Labor Agreement, shall be deposited into the HCSP. Change the amounts etc. decided by the membership after discussion. Add a section as follows: 25.2 The Employer shall deposit an amount equal to 2.0% of an em to ee's bi-monthly wages into the em to ee's PEHCSA on a monthly basis. 9. Article XXVI - Post Lice_nse/TraininLy Add the following: 16.3 Employees attending training shall be compensated for all hours includin traveI time to and from the trainWe at their—regular rate of -1..,,1,..... 41--a...._■ ___. t .. _ _ _ com ensated at the overtime rate of a . Travel time shall be calculated as time from the Orono PD to the trainin . The Union reserves the right to add to; remove; or modify issues in this proposal to reach an agreement.