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11-13-2018 Council Packet
Agenda Council Meeting Tuesday, November 13, 2018, 7:00 P.M. Orono Council Chambers, 2780 Kelley Parkway, Orono, MN 55356 952-249-4600 / www.ci.orono.mn.us Sign up for email notifications at www.ci.orono.mn.us – follow links for Stay Connected & Email Notification The public is invited to address the council regarding any item on the regular agenda. If your topic is not on the agenda, you may speak during the Public Comments section. Roll Call Pledge of Allegiance Approval of Agenda Canvassing Board 1. Certify Results of the November 6, 2018, Municipal Election – Resolution Consent Agenda 2.Council Meeting Minutes of October 22, 2018 3. Council Work Session Minutes of October 22, 2018 4.Claims/Bills 5. Proposed 2019 Official Meetings Calendar 6. Proposed 2019 Council Liaison Planning Commission Meetings 7. Approval to Dispose of Unclaimed Vehicle 8.Park Maintenance Contract with Sentence to Serve (STS) 9. Grinder Station 1 Pump Replacement 10. 2017 Street Maintenance Contract Award 11.LA18-000081 – Brian Haas o/b/o Jeffery Gossen, 4260 Sixth Avenue N., Variance – Resolution 12.RPS18-000058 – Gordon James Construction Inc., 2895 Casco Point Road, Encroachment Agreement 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 / Engineering Report 13.Crystal Bay Ice Rink 14. Holiday Decorations Planning Department Report (Planning Commission Representative – Kevin Landgraver) 15.LA18-000057 – Text Amendment: Accessory Buildings & Structures Setbacks – Ordinance & Summary Ordinance Mayor/Council Report Agenda Council Meeting Tuesday, November 13, 2018, 7:00 P.M. Orono Council Chambers, 2780 Kelley Parkway, Orono, MN 55356 952-249-4600 / www.ci.orono.mn.us Sign up for email notifications at www.ci.orono.mn.us – follow links for Stay Connected & Email Notification City Administrator Report City Attorney Report Adjournment Upcoming Events 2018 11-13-18 City Council Meeting, Tuesday, 7:00 p.m. 11-22-18 City Council Work Session, Monday 5:00 p.m. 11-22-18 City Council Meeting, Monday 7:00 p.m. 12-10-18 City Council Meeting, Monday 7:00 p.m. 12-24-18 Official Holiday, City Offices Closed 12-24-18 Official Holiday, City Offices Closed AGENDA ITEM Prepared By: AMC Reviewed By: AMC Approved By: DJR 1. Purpose. The Minnesota State Election Laws require that the governing board of the City canvass the returns and declare the results of the election within three to ten days after a General Election. The Canvassing Board will review the election results and, if satisfied the results are correct, the Canvassing Board certifies the election results. The newly elected officials will be sworn in at the January14, 2019, City Council meeting. The following candidates received the most votes: Mayor (2 Yr. Term) Votes Council Member (4 Yr. Term) Elect Two Votes Dennis Walsh 3482 Aaron Printup 2670 Write-ins 246 Matthew Johnson 2718 Write-ins 125 Canvassing Board Action Requested: Consider a motion to certify the 2018 General Election Results by approving the attached Resolution. Exhibits Exhibit A. Resolution Item No.: 1 Date: November 13, 2018 Item Description: Certify Results of the November 6, 2018, Municipal Election Presenter: Anna Carlson, City Clerk Agenda Section: Canvassing Board Page 1 of 2 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. ________________________ RESOLUTION TO CERTIFY RESULTS OF THE TUESDAY, NOVEMBER 6, 2018 GENERAL ELECTION FOR CITY OF ORONO OFFICES WHEREAS, the City of Orono held an election for the office of Mayor and two Council Members on Tuesday, November 6, 2018, during the General Election with 4,706 persons voting, which includes 1,689 accepted absentee votes. WHEREAS, on this 13th day of November, 2018 the Orono City Council Canvassing Board has met to canvass said election results; and WHEREAS, the votes tabulated at said election were: Mayor Votes Council Member Votes Dennis Walsh 3482 Aaron Printup 2670 Write-ins 246 Matthew Johnson 2718 Write-ins 125 THEREFORE BE IT RESOLVED by the Orono City Council Canvassing Board declares Dennis Walsh as Mayor for a 2-year term beginning on January 14, 2019; and BE IT FURTHER RESOLVED by the Orono City Council Canvassing Board declares Aaron Printup and Matthew Johnson as Council Members for 4-year terms beginning on January 14, 2019. Page 2 of 2 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. ________________________ Adopted by the Orono City Council Canvassing Board of the City of Orono, Minnesota, at the Canvassing Board meeting held on November 13, 2018. ATTEST: ____________________________________ ___________________________________ Anna Carlson, City Clerk Dennis Walsh, Mayor MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 22, 2018 7:00 o’clock p.m. _____________________________________________________________________________________ Page 1 of 6 ROLL CALL The Orono City Council met on the above-mentioned date with the following members present: Mayor Dennis Walsh, City Council Members Richard Crosby, III, Aaron Printup, and Victoria Seals. Representing Staff were City Administrator Dustin Rief, Finance Director Ron Olson, Public Works Director/City Engineer Adam Edwards, and Recorder Jackie Young. Mayor Walsh called the meeting to order at 7:00 p.m., followed by the Pledge of Allegiance. APPROVAL OF AGENDA CONSENT AGENDA 1. CITY COUNCIL MEETING MINUTES OF OCTOBER 8, 2018 2. CLAIMS/BILLS 3. THIRD QUARTER FINANCIAL REPORT 4. WILLOW DRIVE TRAIL REHABILITATION PAY REQUEST NO. 1 – FINAL 5. 2018 SEWER REHABILITATION PROJECT AWARD 6. LA18-000076 – REVISION, LLC, ON BEHALF OF CHRISTIAN HARKER, 1724 BOHNS POINT ROAD – APPROVAL AND DENIAL RESOLUTION NO. 6910 Crosby moved, Seals seconded, to approve the Consent Agenda as submitted. VOTE: Ayes 4, Nays 0. PUBLIC COMMENTS None PUBLIC HEARING 7. CERTIFICATION OF DELINQUENT CHARGES Olson stated each year the City certifies to Hennepin County all unpaid general accounts receivable, annual service charges for the septic program, the recycling program, and all delinquent sewer and water accounts of $50.00 or more. In addition to the outstanding amounts delinquent, an administrative fee of $25.00 is added to all accounts along with 8 percent interest. At this time, the total to be assessed is $147,088.84. Olson stated as of today, that number is down to approximately $134,000, and it is anticipated that by the time the information is sent to Hennepin County, it will be down to around $105,000. Staff recommends approval of the resolution. Mayor Walsh opened the public hearing at 7:03 p.m. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 22, 2018 7:00 o’clock p.m. _____________________________________________________________________________________ Page 2 of 6 There were no public comments regarding this item. Mayor Walsh closed the public hearing at 7:03 p.m. Printup moved, Crosby seconded, to adopt RESOLUTION NO. 6911, a Resolution for the Collection of Delinquent 2018 General Accounts Receivable, Water and Sewer Utility Charges, Recycling Program Fees, On-Site Sewage Treatment (Septic) Program, and Storm Water Charges. VOTE: Ayes 4, Nays 0. PUBLIC WORKS/CITY ENGINEER REPORT 8. NO PARKING RESOLUTION FOR STUBBS BAY AND BAYSIDE ROADS – RESOLUTION NO. 6912 Edwards stated before the City Council tonight is a draft resolution for the posting of no boat trailer parking on Stubbs Bay. The area identified is south of the Bederwood Park parking lot down to the intersection of Bayside Road and then approximately 670 west of the intersection and 315 east of the intersection. Staff did reach out to the City’s sister agencies regarding this item. Hennepin County held their safety committee meeting earlier today and discussed whether they will support this. It is Staff’s belief that they will support it. If the resolution is approved tonight, a request will be submitted to the County to have it posted. The other agency Staff coordinated with was the DNR because they co-own the Bederwood Park parking lot with the City since it also services the Luce Line. The one stipulation of the DNR was that they were in favor of posting the parking lot as long as the signs specifically said no boat trailer parking rather than no trailer parking because there are some people who use trailers to transport bicycles to the Luce Line. Staff did send out letters to all the residents in the area and received one response, which was provided to the City Council. If the City Council approves the request tonight, Staff would specify the locations of the signs, but in general they have to be within 150 feet of each other and they need to be visible from one sign to the next in order for the police department to enforce the no parking. Walsh asked how this came about. Edwards indicated it came about as a request from Council Member Seals based on conversations with the neighbors. During the peak holidays in the summer, there were a number of vehicles and trailers parking along that section of Stubbs Bay Road. Edwards stated what is likely happening is that people will launch their boat at one of the other landings, find no parking, and because this dock is just to the south of that intersection, they park in this area and then have their party pick them up with the boat. The area noted with parked trailers was Stubbs Bay Road, but at the work session last month, the police chief recommended that it be extended into the Bederwood Park parking lot. Walsh noted the issue is that people with trailers are taking up all the parking in the area and then the people who want to fish from the dock have no place to park. Seals stated it is a pretty small parking area and that people who want to fish off the dock have no place to park. The neighbors noted over the summer that usually the boat trailers are parked there the majority of MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 22, 2018 7:00 o’clock p.m. _____________________________________________________________________________________ Page 3 of 6 the day, which left no room for other parking. Seals stated she usually does not see trailers for bikes but that she does see trailers for snowmobiles at Bederwood, and as long as the snowmobile trailers can still park there in the winter, she is fine with the parking restriction. Walsh stated the sign for no boat trailers is more specific and would allow people to park other trailers there. Seals stated Bayside is also quite narrow and having trailers parked in the area would make it more difficult for people to turn the corner. Printup asked whether the police chief recommended the no parking be extended to Bederwood since people would likely park down there if Stubbs Bay is restricted. Seals stated to her knowledge that is why it was extended. Crosby stated he would accept the police chief’s recommendation. Printup noted it is not uncommon in Orono to have no parking posted for boat trailers on various streets or county roads. There was no public comment relating to this item. Seals moved, Crosby seconded, to adopt RESOLUTION NO. 6912, a Resolution Prohibiting Boat Trailer Parking on Stubbs Bay Road South and Within the Bederwood Park Parking Lot. VOTE: Ayes 4, Nays 0. 9. APPLICATION FOR HENNEPIN COUNTY SPORTS FACILITY GRANT FOR BEDERWOOD SPORTS FIELDS – RESOLUTION NO. 6913 Edwards stated the Orono Park Commission has been working on a plan for upgrades to Bederwood Park by providing some sports field amenities. A grant is available through the Hennepin County Sports Association for youth sports which could cover up to half the cost of those improvements. The submission deadline is November 5 and the results will come out in December. Currently the Park Commission is projecting a cost of around $423,000 for the improvements and the grant would cover half of that. Brian Roath, Park Commissioner, stated one of the Park Commission’s duties is to provide for the availability of sports fields in the community. With a lot of the changes that are happening on the school campus with their fields, the Park Commission considered over the past year what the City can do to help the situation. The Park Commission did reach out to the youth soccer, lacrosse, football and baseball associations and heard that there is a growing need for additional fields in the community, particularly soccer fields. Bederwood is a park that can accommodate that additional demand and so the Park Commission put together this grant proposal. The Park Commission is asking for a resolution to submit the grant application, and if the money is received, it would be dependent upon the City be willing to move forward with the plan. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 22, 2018 7:00 o’clock p.m. _____________________________________________________________________________________ Page 4 of 6 Roath noted the application will be submitted the beginning of November. Seals thanked the Park Commission for their work on this grant application. Seals indicated she is completely okay with the request since the parking lot does need some improvement and the number of sports fields in Orono is limited. Seals noted the area where the big grassy field is does not currently get a lot of use and that this would be a good use of that area as long as no big lights are installed there. The City also has an agreement with the Orono Baseball Association for use of the softball field and the project would allow other youth sports teams to utilize the park. Walsh noted four years the City re-established the Park Commission and since that time a number of improvements have been made to the parks, which is a testament to the hard work of the Park Commission. Printup asked if the City is paid for use of the fields. Edwards indicated at Hackberry and Bederwood the City has an agreement with the Orono Baseball Association and so they do not pay for the use of those facilities, but they do provide the maintenance of the infields. In addition, the Park Commission submitted a similar grant application two or three years ago to refurbish the fencing, and under that grant half the cost of the fencing was received, with the City and the baseball association splitting the rest of the cost. Last year the Orono Youth Football Club started using Hackberry for flag football. The first year the City did a one-time resolution and accepted some funds from them for using it and then this year the City established a fee for using the park. Seals stated to her knowledge these associations have to pay the school if they use their fields. Roath commented the ability to pay ranges quite a bit between the organizations. The grant proposal says that the City is willing to contribute up to 50 percent, which does not mean the City of Orono will contribute 50 percent. If the grant is received, the Park Commission will continue to work with the various organizations as well as the Lions Club to see if they would be willing to contribute something. Currently six different partners are involved in partnering in the grant. Rick Meyers, Park Commission Chair, stated it is with the help of the City Council that the Park Commission has been able to accomplish as much as they have. Bederwood will be a recreation complex that everyone can enjoy, and it will be a great asset. Seals moved, Crosby seconded, to adopt RESOLUTION NO. 6913, a Resolution Requesting a Grant from the Hennepin County Youth Sports Program for the Construction of a Turf Sports Field and Associated Amenities at Bederwood Park. VOTE: Ayes 4, Nays 0. MAYOR/COUNCIL REPORT Crosby stated he attended the Firefighters for Healing Charity event this past weekend, which was started by a Minneapolis firefighter named Jake LaFeuerer, who suffered burns from a backdraft over a good portion of his body. As the firefighter recovered, he noticed other kids and burn victims and they gave him the strength to start this charity. The charity started Camp Red and also provides support to burn victims. Crosby encouraged everyone to check into the charity. Printup encouraged everyone to be safe on Halloween. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 22, 2018 7:00 o’clock p.m. _____________________________________________________________________________________ Page 5 of 6 Printup noted Crystal Bay Road received its second lift of pavement recently, is striped, and looks nice. Seals gave kudos to the Orono Public Works Department for their work on Crystal Bay Road. Seals noted she has received a lot of outreach from the residents about a project that was recently reviewed at the Planning Commission. The property is currently zoned one house per two acres and not for high density. Seals stated the proposal does not match what the site is zoned and that she sees no reason to increase the density. Seals reported the new fire engine is now in place at Station 2. Seals stated a lot of the firefighters voluntarily spent Friday night decking the engine out, which is another testament to the great citizens of Orono. Crosby indicated he will be speaking with Chief Van Eyll to see if he can get their support of the Firefighters for Healing Charity. Walsh noted the Orono 2040 Comprehensive Plan Amendment open house is this Thursday, September 25, and that he would encourage the residents to come and see what is going on. The plan will be approved by the end of the year. Walsh stated the Orono Development and Code Review Committee will be meeting on November 8 with the goal of trying to simplify things in Orono. CITY ADMINISTRATOR’S REPORT 10. RESOLUTION OF SUPPORT FOR THE ORONO ACTIVITY CENTER PROJECT GRANT APPLICATION Rief reported he recently met with the Orono School District and provided some updates on things taking place in Orono. The Orono School District is currently working on a grant through the Hennepin County Youth Sports Program and has asked the City to help them achieve this goal by issuing a formal resolution in support of the grant application. The School District is asking for grant dollars to do some of the alternative projects inside the field house and the grant application is an effort to try to save some money on the project. Crosby moved, Seals seconded, to adopt RESOLUTION NO. 6914, a Resolution of Support for the Orono Activity Center Project Grant Application. VOTE: Ayes 4, Nays 0. Rief noted absentee voting is still open and that he would encourage the residents to vote. CITY ATTORNEY’S REPORT None MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 22, 2018 7:00 o’clock p.m. _____________________________________________________________________________________ Page 6 of 6 ADJOURNMENT Printup moved, Crosby seconded, to adjourn the Orono City Council meeting at 7:35 p.m. VOTE: Ayes 4, Nays 0. ATTEST: ______________________________________ _______________________________________ Anna Carlson, City Clerk Dennis Walsh, Mayor Orono City Council Work Session Minutes Monday, October 22, 2018 Council Chambers 5:00 p.m. PRESENT: Mayor Dennis Walsh, Council Members Richard F. Crosby II, Aaron Printup and Victoria Seals. Representing staff were City Administrator Dustin Rief, Director of Public Works/City Engineer Adam Edwards, Community Development Director Jeremy Barnhart, and City Clerk Anna Carlson. GUESTS: Rick Meyers Meeting Start Time: 5:00 p.m. 1. Comprehensive Plan Densities Discussion Community Development Director, Jeremy Barnhart presented the Comprehensive Plan Densities item. Barnhart explained that the plan is used as a guide for the City Council in making decisions. Barnhart noted that the key is to have the Zoning Ordinance and Zoning Map follow the plan to help facilitate the desired development pattern and character. There was discussion in regards to the differences between Zoning and the Comprehensive Plan and the need to clarify those differences to the residents. Also discussed was the confusion of the use of the wording land use within the Comprehensive Plan. Barnhart explained that the Comprehensive Plan references land use about four different times throughout. He noted that we have to use the same language throughout to limit classifications. Barnhart mentioned that there are four zoning districts in one land use classification. Council Member Victoria Seals would like to make sure we show the residents what the difference is between land use class and zoning. Mayor Dennis Walsh added that he would like to see the goals used for the 2040 plan modified by changing them back to what the 2030 plan is showing. Barnhart will make the change. Barnhart noted that we have reduced the density around the Navarre Fire Department. He also introduced the Island Residential change that has been made. Barnhart showed which projects were included to get the numbers for the density goals. There were concerns shared about the 192 unit residential unit project. Barnhart explained that the City must provide opportunity for affordable housing, and that the Met Council views densities higher than 8 units per acre meeting the Orono City Council Work Session Minutes Monday, October 22, 2018 Council Chambers 5:00 p.m. requirement. 2. Christmas Ornaments for Poles around Navarre and other Areas Director of Public Works/City Engineer Adam Edwards explained the city currently has lighted stars used for poles and that additional ornaments have been requested. He is looking for direction from the Council. There was discussion about ideas and plans for ornaments. Edwards will look into the project. 3. Christmas Tree Lighting Edwards explained that the Council is looking to hold a tree lighting event within the City. He recommended the following locations for the event: City Hall, Golf Course, and/or the big pine tree in front of the Public Works facility. Seals would like to hold a ceremony at the Golf Course to gain more attraction to the area for multiple seasons. She will head up the tree lighting event and will set up a time with Adam. 4. Skating Rink at Crystal Bay Park Edwards mentioned that the city used to have 5-6 rinks now we are down to one. He showed a diagram as to his recommendation of the placement of a rink in Crystal Bay Park. Edwards noted that the kits for the rink run about $3,000 to $6,000. He asked the Council if this was something that we would like to plan for next year or attempt to get one in yet this year. Council Member Aaron Printup mentioned this is a great thing for the community and a nice thing to add to the small neighborhood. Edwards mentioned that there are a few issues as far as lighting, maintenance, and warming house. Printup recommended that the City try it out for this year and see if there is a lot of usage. Edwards will look into the project. 5. Big Island Docks Seals would like to confirm what we are planning to do with them. She mentioned that the City may need to build a barricade to show that they are there or marking it somehow. Orono City Council Work Session Minutes Monday, October 22, 2018 Council Chambers 5:00 p.m. 6. Minnetonka Beach Water Issue City Administrator Dustin Rief mentioned that Minnetonka Beach is concerned about their water plant and water tower rehabilitation. He noted based on the number of users, they are looking for some sort of partnership with Orono for water. Rief would like to start a working group to put together a plan if we chose to partner with Minnetonka Beach. He added that he was going to reach out to Tonka Bay, Minnetrista, Mound, and Minnetonka Beach if efforts to form the working group. Walsh added that it if we ever entered into a contract with them that it would need to be a long term contract and there would have to be something in it for Orono. Rief will look into forming the group and initiating the conversation about the issue. Meeting End 6:38 p.m. ATTEST: ___________________________________ __________________________________ Anna Carlson, City Clerk Dennis Walsh, Mayor AGENDA ITEM Prepared By: RJO Reviewed By: DJR Approved By: DJR 1. Purpose. The purpose of this action item is to approve payment of claims made on the City for services and/or products provided to the City. 2. Background. 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 110621 to 110793, totaling $1,013,973.47. 3. Noteworthy Payments. Vendor Amount Description of Payment #110671 City of Long Lake $104,051.90 Payment for the 4th Quarter fire service and third quarter water and sewer. #100695 GMH Asphalt $221,395.20 Payment #6 for the Willow Drive Project and the Public Works gate area. #110752 Park Construction $303,952.70 Payment #3 for the 2018 Street Improvement Projects. 4. Staff Recommendation. Staff recommends approval of a motion authorizing payment to the claims list as presented. COUNCIL ACTION REQUESTED Motion to approve the claims list as presented. Exhibits A. Check Register Item No.: 4 Date: November 13, 2018 Item Description: Claims/Bills Presenter: Ron Olson Finance Director Agenda Section: Consent Agenda City of Orono Check Register - COUNCIL REPORT Page: 1 Check Issue Dates: 10/23/2018 - 11/13/2018 Nov 08, 2018 01:50PM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount City of Wayzata\DMV 10/23/2018 109581 052218 405-48500-550 PW Truck Registration 83.42- Total 109581:83.42- KLINGSPOR 10/23/2018 110492 3503350 101-43000-240 cutoff sawblades Public Works Department 111.37- KLINGSPOR 10/23/2018 110492 3503350 601-49400-240 cutoff sawblades Water 111.38- Total 110492:222.75- KLINGSPOR 10/23/2018 110537 3503350 602-49450-240 cutoff sawblades Sewer 111.38- Total 110537:111.38- EPA Hazardous Substance Superf 10/23/2018 110621 CERCLA-05-601-49400-488 In the Matter of: The City of Orono, Minnesota, Resp Water 4,690.00 Total 110621:4,690.00 Treasurer, United States of Ameri 10/23/2018 110622 EPCRA-05-2 601-49400-488 In the Matter of: The City of Orono, Minnesota, Resp Water 2,341.00 Total 110622:2,341.00 ALBRECHT, KERRI & ADAM 10/26/2018 110628 102518 101-22205 Escrow Refund 2017-00692 2345 Oliver Hill 10,000.00 Total 110628:10,000.00 David Weekley Homes 10/26/2018 110629 102518 101-22205 Escrow Refund 2018-00282 575 Sandhill Dr 1,000.00 Total 110629:1,000.00 DVS RENEWAL 10/26/2018 110630 102418 101-42110-441 Squad #235 Police Department 11.00 Total 110630:11.00 JS STEWART COMPANIES INC 10/26/2018 110631 102518 101-22205 Escrow Refund SE18-000026 2280 Fox Street 1,000.00 Total 110631:1,000.00 KOSTIAL, SARAH 10/26/2018 110632 102518 101-22205 Escrow Refund 2017-01023 1115 Cox Farm Road 2,500.00 City of Orono Check Register - COUNCIL REPORT Page: 2 Check Issue Dates: 10/23/2018 - 11/13/2018 Nov 08, 2018 01:50PM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount Total 110632:2,500.00 MN DEPT OF REVENUE-WIRE 10/26/2018 110633 093018 101-34210 Sales Tax 9/2018 3.00 MN DEPT OF REVENUE-WIRE 10/26/2018 110633 093018 101-34650 Sales Tax 9/2018 11.00 MN DEPT OF REVENUE-WIRE 10/26/2018 110633 093018 601-39610 Sales Tax 9/2018 57.00 MN DEPT OF REVENUE-WIRE 10/26/2018 110633 093018 101-37910 Sales Tax 9/2018 804.00 MN DEPT OF REVENUE-WIRE 10/26/2018 110633 093018 101-37920 Sales Tax 9/2018 471.00 MN DEPT OF REVENUE-WIRE 10/26/2018 110633 093018 101-37930 Sales Tax 9/2018 139.00 MN DEPT OF REVENUE-WIRE 10/26/2018 110633 093018 101-37940 Sales Tax 9/2018 51.00 MN DEPT OF REVENUE-WIRE 10/26/2018 110633 093018 101-37970 Sales Tax 9/2018 20.00 Total 110633:1,556.00 RUSIN, GRANT & AMANDA 10/26/2018 110634 102518 101-22205 Escrow Refund 2017-00014 725 Lakeview Pkwy 2,500.00 Total 110634:2,500.00 SWANSON HOMES 10/26/2018 110635 102518 101-22205 Escrow Refund 2017-00014 725 Lakeview Pkwy 10,000.00 Total 110635:10,000.00 Bruce Birkeland 11/02/2018 110636 110118 101-22205 Escrow Refund LA18-000032 1298 Wildhurst Trail 700.00 Total 110636:700.00 CHARLES CUDD 11/02/2018 110637 110118 101-22205 Escrow refund 21016-00758 1175 Mooney Lake Dri 10,000.00 Total 110637:10,000.00 City of Wayzata\DMV 11/02/2018 110638 110218 405-48500-550 Truck #210 Registration 2,001.92 City of Wayzata\DMV 11/02/2018 110638 110218 405-48500-550 Truck #610 Registration 2,001.92 Total 110638:4,003.84 David Weekley Homes 11/02/2018 110639 110118 101-22205 Escrow Refund 2018-00258 2895 Wood Duck Trail 10,000.00 Total 110639:10,000.00 MET COUNCIL ENVIRONMENTA 11/02/2018 110640 JULY2018 101-20809 June & July 2018 SAC 7,455.00 City of Orono Check Register - COUNCIL REPORT Page: 3 Check Issue Dates: 10/23/2018 - 11/13/2018 Nov 08, 2018 01:50PM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount Total 110640:7,455.00 Tamosuinas, Darrell 11/02/2018 110641 110118 101-22205 Escrow Refund 2017-01606, 2017-01604, 17-3966 10,000.00 Total 110641:10,000.00 A 1 RENTAL 11/13/2018 110644 135296 225-45200-520 Rental Excavator and Trailer 198.45 Total 110644:198.45 ADVANCED IMAGING SOLUTIO 11/13/2018 110645 369815410 101-41900-413 CH Copier Lease 10/20/18-11/20/18 Central Services 1,511.76 ADVANCED IMAGING SOLUTIO 11/13/2018 110645 369830831 101-42110-413 Police Copier 10/20/18-11/20/18 Police Department 345.40 Total 110645:1,857.16 ALLSTREAM 11/13/2018 110646 15616875 101-42110-321 Phone service Police Department 299.77 ALLSTREAM 11/13/2018 110646 15616875 101-41900-321 Phone Service Central Services 419.68 ALLSTREAM 11/13/2018 110646 15616875 601-49400-321 Phone Service Water 69.95 ALLSTREAM 11/13/2018 110646 15616875 602-49450-321 Phone Service Sewer 209.83 Total 110646:999.23 ANCOM TECHNICAL CENTER 11/13/2018 110647 82307 101-42110-403 Whip Antenna Police Department 418.50 Total 110647:418.50 ANNE NETTLES 11/13/2018 110648 110618 101-41410-104 General Election 11/6/18 Elections 80.00 Total 110648:80.00 ANTONENKO, ELIZABETH 11/13/2018 110649 110618 101-41410-104 General Election 11/6/18 Elections 70.00 Total 110649:70.00 APACHE GROUP 11/13/2018 110650 204539 101-41900-223 Tissues Central Services 1,157.28 Total 110650:1,157.28 APPRIZE TECHNOLOGY SOLUT 11/13/2018 110651 17000 101-41900-319 Administrative Fee 11/18 Central Services 492.00 City of Orono Check Register - COUNCIL REPORT Page: 4 Check Issue Dates: 10/23/2018 - 11/13/2018 Nov 08, 2018 01:50PM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount Total 110651:492.00 Assn of Training Officers of MN 11/13/2018 110652 2084741-111 101-42110-437 2018 ATOM Law Enforcement Training Police Department 700.00 Total 110652:700.00 BIFFS INC 11/13/2018 110653 W697634 101-45200-415 Bederwood Park Parks 160.00 BIFFS INC 11/13/2018 110653 W697635 101-45200-415 Summit Beach Parks 160.00 BIFFS INC 11/13/2018 110653 W697636 101-45200-415 Hackberry Park Parks 125.00 BIFFS INC 11/13/2018 110653 W697637 101-45210-415 Orono Golf Course Golf Course 62.78 BIFFS INC 11/13/2018 110653 W697638 101-45200-415 Crystal Bay Playground Parks 62.50 BIFFS INC 11/13/2018 110653 W697639 101-45200-415 Navarre Playground Parks 160.00 BIFFS INC 11/13/2018 110653 W697640 101-45200-415 French Creek Preserve Parks 62.50 BIFFS INC 11/13/2018 110653 W697641 101-45200-415 Lurton Park Parks 62.50 Total 110653:855.28 Blue Lagoon Marine 11/13/2018 110654 227007 101-45200-402 Pontoon Winterization Parks 218.81 Total 110654:218.81 BOYER TRUCKS 11/13/2018 110655 55064R 701-49800-222 Unit 424 Engine Hood Liner Task 22646 128.62 Total 110655:128.62 BRANDON MAURER 11/13/2018 110656 101818 101-43000-226 Winter Work Clothes Public Works Department 179.98 Total 110656:179.98 BRAUN INTERTEC 11/13/2018 110657 B148047 435-48971-304 2018 Street Improvements 1,893.50 BRAUN INTERTEC 11/13/2018 110657 B148090 402-48055-304 OCB Road Project 18-021 OCB Road Reconstruction 1,226.50 Total 110657:3,120.00 BRIAN CLARK 11/13/2018 110658 101218 101-43000-226 Work Boots Public Works Department 200.00 Total 110658:200.00 BUDGET PRINTING 11/13/2018 110659 8417 601-49400-322 UPS Water Water 13.35 City of Orono Check Register - COUNCIL REPORT Page: 5 Check Issue Dates: 10/23/2018 - 11/13/2018 Nov 08, 2018 01:50PM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount Total 110659:13.35 BURWELL, BARBARA 11/13/2018 110660 110618 101-41410-104 General Election 11/6/18 Elections 70.00 Total 110660:70.00 CAMPBELL KNUTSON 11/13/2018 110661 103118-2717 101-41600-307 Gen Legal Review Law/Legal Services 652.42 CAMPBELL KNUTSON 11/13/2018 110661 103118-2717 601-49400-307 Chlorine Matter Water 124.00 CAMPBELL KNUTSON 11/13/2018 110661 103118-2717 101-42110-307 Police Matters 10/18 Police Department 449.50 CAMPBELL KNUTSON 11/13/2018 110661 103118-2717 101-41600-307 Code Enforcement 10/18 Law/Legal Services 263.50 CAMPBELL KNUTSON 11/13/2018 110661 103118-2717 101-41600-307 Litigation 10/18 Law/Legal Services 496.00 CAMPBELL KNUTSON 11/13/2018 110661 103118-2717 101-41600-307 Recordings 11/8/18 Law/Legal Services 702.87 CAMPBELL KNUTSON 11/13/2018 110661 103118-2717 601-49400-307 Chlorine Release 10/18 Water 93.00 CAMPBELL KNUTSON 11/13/2018 110661 103118-2717 101-41600-307 Johnson/Feldshon Matter Law/Legal Services 492.00 CAMPBELL KNUTSON 11/13/2018 110661 103118-2717 101-43280-307 LA18-000034 2635 Kelley Parkway Special Services 224.20 CAMPBELL KNUTSON 11/13/2018 110661 103118-2717 101-43280-307 LA18-000066 800 North Arm Dr Special Services 125.00 CAMPBELL KNUTSON 11/13/2018 110661 103118-2717 101-43280-307 LA18-000078 387 Orono Orchard Rd S Special Services 900.00 CAMPBELL KNUTSON 11/13/2018 110661 103118-2717 101-43280-307 LA18-000080 800 N. Arm Special Services 681.46 CAMPBELL KNUTSON 11/13/2018 110661 103118-2717 101-43280-307 LA18-000071 2655 North Shore Drive Special Services 100.00 CAMPBELL KNUTSON 11/13/2018 110661 103118-2717 101-43280-307 LA18-000072 2709 Walters Port Ln Special Services 100.00 CAMPBELL KNUTSON 11/13/2018 110661 103118-2717 101-43280-307 LA18-000077 1335 Arbor Street Special Services 100.00 CAMPBELL KNUTSON 11/13/2018 110661 103118-2717 101-43280-307 LA18-000076 1725 Bohns Pt Rd Special Services 100.00 CAMPBELL KNUTSON 11/13/2018 110661 103118-2717 101-43280-307 LA18-000065 1003 Wilhurst Trail Special Services 100.00 CAMPBELL KNUTSON 11/13/2018 110661 103118-2717 101-43280-307 LA18-000068 Baldur Park Road Special Services 100.00 CAMPBELL KNUTSON 11/13/2018 110661 103118-2717 101-43280-307 LA18-000079 3245 Wayzata Blvd W Special Services 100.00 CAMPBELL KNUTSON 11/13/2018 110661 103118-2717 101-42400-307 Staff Meetings 10/18 Building & Zoning 790.50 CAMPBELL KNUTSON 11/13/2018 110661 103118-2717 101-41600-307 Council Meetings 10/18 Law/Legal Services 480.50 CAMPBELL KNUTSON 11/13/2018 110661 103118-2717 101-42400-307 B&Z Assistance 10/18 Building & Zoning 697.50 CAMPBELL KNUTSON 11/13/2018 110661 103118-2717 101-41600-307 Ordinances 10/18 Law/Legal Services 77.50 Total 110661:7,949.95 Capital One Commercial 11/13/2018 110662 3282275180 101-43000-404 Repairs to Salt Shed Public Works Department 128.40 Capital One Commercial 11/13/2018 110662 3282276180 101-43000-404 Plywood for Exterior Salt Shed Public Works Department 531.72 Total 110662:660.12 CARDIAC SCIENCE 11/13/2018 110663 7335840 101-42110-221 Repair AED #7 Police Department 227.08 City of Orono Check Register - COUNCIL REPORT Page: 6 Check Issue Dates: 10/23/2018 - 11/13/2018 Nov 08, 2018 01:50PM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount Total 110663:227.08 CARDMEMBER SERVICE 11/13/2018 110664 100118 101-45200-223 Big Island Signs Parks 199.50 CARDMEMBER SERVICE 11/13/2018 110664 100918 101-45210-240 Golf Blowout Fittings Golf Course 8.69 CARDMEMBER SERVICE 11/13/2018 110664 101018-2 101-45200-404 Discharge Hose for Pumping Water Parks 274.95 CARDMEMBER SERVICE 11/13/2018 110664 101918 101-45210-221 Aerator Seals / Bushings Golf Course 333.70 CARDMEMBER SERVICE 11/13/2018 110664 102218 101-42110-404 Airpot for Coffee Maker Police Department 59.96 CARDMEMBER SERVICE 11/13/2018 110664 102218-1 101-45200-416 Big Island Security Camera Parks 9.99 CARDMEMBER SERVICE 11/13/2018 110664 102518 101-42110-439 Lake Area Emergency Management Police Department 15.39 CARDMEMBER SERVICE 11/13/2018 110664 102518 601-49400-321 Certified Mail to EPA Water 7.90 CARDMEMBER SERVICE 11/13/2018 110664 102618 701-49800-212 Small Engine Fuel 22.25 CARDMEMBER SERVICE 11/13/2018 110664 102618-1 225-45200-520 Crystal Bay Park Ice Rink 4,664.34 Total 110664:5,596.67 CECE S SIGNS 11/13/2018 110665 7875 101-43000-404 Brine Maker Public Works Department 120.00 Total 110665:120.00 CENTERPOINT ENERGY MAIN 11/13/2018 110666 110718 601-49400-381 Gas 9/20-10/18/18 Water 375.91 CENTERPOINT ENERGY MAIN 11/13/2018 110666 110718 602-49450-381 Gas 9/20-10/18/18 Sewer 263.53 CENTERPOINT ENERGY MAIN 11/13/2018 110666 110718 101-41900-381 Gas 9/20-10/18/18 Central Services 240.55 CENTERPOINT ENERGY MAIN 11/13/2018 110666 110718 101-42110-381 Gas 9/20-10/18/18 Police Department 100.85 CENTERPOINT ENERGY MAIN 11/13/2018 110666 110718 101-45210-381 Gas 9/20-10/18/18 Golf Course 65.39 Total 110666:1,046.23 CENTURY LINK 11/13/2018 110667 101918 101-45210-321 GC phone/internet 10/19-11/18 Golf Course 205.16 Total 110667:205.16 CHUNKS LAKESHORE AUTO 11/13/2018 110668 0016127 101-42110-402 #709 Service Police Department 58.25 CHUNKS LAKESHORE AUTO 11/13/2018 110668 0016145 101-42110-402 #251 Service Police Department 44.90 CHUNKS LAKESHORE AUTO 11/13/2018 110668 0016146 101-42110-402 #247 Service Police Department 48.35 Total 110668:151.50 CINTAS CORPORATION 11/13/2018 110669 4011182247 101-43000-226 Uniforms Public Works Department 56.19 CINTAS CORPORATION 11/13/2018 110669 4011495014 101-43000-226 Uniforms Public Works Department 57.06 City of Orono Check Register - COUNCIL REPORT Page: 7 Check Issue Dates: 10/23/2018 - 11/13/2018 Nov 08, 2018 01:50PM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount CINTAS CORPORATION 11/13/2018 110669 4011520339 101-41900-401 Mat Service - CH Central Services 10.80 CINTAS CORPORATION 11/13/2018 110669 4011520381 101-41900-401 Mats/Air Service - City Hall Central Services 21.92 CINTAS CORPORATION 11/13/2018 110669 4011793565 101-43000-226 Uniforms Public Works Department 57.06 Total 110669:203.03 CITY OF BLOOMINGTON 11/13/2018 110670 1800287 601-49400-489 Bacterial Water Testing Water 31.50 Total 110670:31.50 CITY OF LONG LAKE 11/13/2018 110671 00201439 101-42260-318 4th Qtr 2018 Fire Service Fire Protection Services 97,341.25 CITY OF LONG LAKE 11/13/2018 110671 00201443 601-49400-387 3rd Qtr Water/Sewer Water 5,402.66 CITY OF LONG LAKE 11/13/2018 110671 00201443 602-49450-387 3rd Qtr Water/Sewer Sewer 2,419.60 CITY OF LONG LAKE 11/13/2018 110671 00201443 601-49400-387 2nd Qtr Water Credit Water 1,111.61- Total 110671:104,051.90 CITY OF WAYZATA 11/13/2018 110672 102918 602-49450-387 3rd Quarter 2018 Sewer Sewer 15,899.70 CITY OF WAYZATA 11/13/2018 110672 102918 601-49400-387 3rd Quarter 2018 Water Water 8,131.75 Total 110672:24,031.45 CLIFTON LARSON ALLEN LLP 11/13/2018 110673 1944246 101-41500-301 2018 Audit Services - Klein Finance Department 292.50 Total 110673:292.50 COMMERCIAL ASPHALT 11/13/2018 110674 103118 101-43000-224 Road Patching Public Works Department 732.29 Total 110674:732.29 CONNELLY INDUSTRIAL ELEC 11/13/2018 110675 11179 601-49400-405 Repair Softener #3 Water 349.05 Total 110675:349.05 CORE & MAIN 11/13/2018 110676 J653628 601-49400-240 Hydrant Wrench Water 353.13 Total 110676:353.13 Dahl, Lois 11/13/2018 110677 110718 101-22205 Escrow Refund 2017-00931 3065 Watertown Rd 700.00 City of Orono Check Register - COUNCIL REPORT Page: 8 Check Issue Dates: 10/23/2018 - 11/13/2018 Nov 08, 2018 01:50PM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount Total 110677:700.00 DANIELSON, NANCY 11/13/2018 110678 110618 101-41410-104 General Election 11/6/18 Elections 82.50 Total 110678:82.50 DAVID SPILSETH 11/13/2018 110679 110618 101-41410-104 General Election 11/6/18 Elections 152.50 Total 110679:152.50 DEBORAH LUMENDAL 11/13/2018 110680 110618 101-41410-104 General Election 11/6/18 Elections 150.00 Total 110680:150.00 DELTA DENTAL 11/13/2018 110681 7442885 101-15998 003722072- November 2018- Dental 539.00 DELTA DENTAL 11/13/2018 110681 7442885 101-21709 003722072- November 2018- Dental 2,835.50 Total 110681:3,374.50 DENISE AASEN 11/13/2018 110682 110618 101-41410-104 General Election 11/6/18 Elections 95.00 Total 110682:95.00 DITTER INC.11/13/2018 110683 3361293 101-41900-404 Annual Service on Furnaces Central Services 540.00 DITTER INC.11/13/2018 110683 3393796 101-41900-404 Annual Service on Furnaces Central Services 90.00 Total 110683:630.00 DON KIELLEY 11/13/2018 110684 110618 101-41410-104 General Election 11/6/18 Elections 170.00 Total 110684:170.00 DPC INDUSTRIES 11/13/2018 110685 827002041-1 601-49400-216 Chlorine Water 363.00 Total 110685:363.00 EARL F ANDERSON & ASSOC 11/13/2018 110686 0118780-IN 101-43000-224 Crystal Place Signs Public Works Department 105.80 EARL F ANDERSON & ASSOC 11/13/2018 110686 0118781-IN 101-43000-224 Willow Drive Signs Public Works Department 347.79 EARL F ANDERSON & ASSOC 11/13/2018 110686 0118861-IN 101-43000-224 Willow Drive Signs - at Cty Rd 112, 2018 Signs Distr Public Works Department 223.51 City of Orono Check Register - COUNCIL REPORT Page: 9 Check Issue Dates: 10/23/2018 - 11/13/2018 Nov 08, 2018 01:50PM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount Total 110686:677.10 ECM PUBLISHERS INC 11/13/2018 110687 641506 101-41410-340 Public Accuracy Test Elections 14.90 ECM PUBLISHERS INC 11/13/2018 110687 645520 101-41410-340 General Election Notice Elections 125.57 Total 110687:140.47 ELEANOR L FERRIL 11/13/2018 110688 110618 101-41410-104 General Election 11/6/18 Elections 150.00 Total 110688:150.00 FASTENAL 11/13/2018 110689 MNPLY1065 101-43000-224 Marking Paint Public Works Department 24.42 FASTENAL 11/13/2018 110689 MNPLY1065 101-45200-225 Lurton Park Boyscout Project Parks 190.40 FASTENAL 11/13/2018 110689 MNPLY1067 101-43000-226 Safety Glasses Public Works Department 17.99 FASTENAL 11/13/2018 110689 MNPLY1067 601-49400-226 Safety Glasses Water 17.99 FASTENAL 11/13/2018 110689 MNPLY1067 602-49450-226 Safety Glasses Sewer 18.00 FASTENAL 11/13/2018 110689 MNPLY1071 101-45210-221 Aerator Bolts Golf Course 10.86 Total 110689:279.66 FERGUSON WATERWORKS #25 11/13/2018 110690 0304939-1 601-49400-227 Copperhorn 3/4"Water 466.36 FERGUSON WATERWORKS #25 11/13/2018 110690 CM026888 601-49400-227 Return supply Water 158.75- Total 110690:307.61 FREEMAN, LEONARD 11/13/2018 110691 110618 101-41410-104 General Election 11/6/18 Elections 70.00 Total 110691:70.00 GARLOCK, RUTH 11/13/2018 110692 110618 101-41410-104 General Election 11/6/18 Elections 80.00 Total 110692:80.00 GENUINE PARTS COMPANY/NA 11/13/2018 110693 3270-418116 701-49800-221 Adapter, Exact Fit Blade 35.16 GENUINE PARTS COMPANY/NA 11/13/2018 110693 3270-418961 101-43000-221 Hose Clamp Public Works Department 5.29 GENUINE PARTS COMPANY/NA 11/13/2018 110693 3270-419246 701-49800-222 Air Filter Task 22447 68.00 GENUINE PARTS COMPANY/NA 11/13/2018 110693 3270-419531 101-42110-402 PD Capsules Police Department 36.00- GENUINE PARTS COMPANY/NA 11/13/2018 110693 3270-420583 701-49800-222 Fuses 3.99 City of Orono Check Register - COUNCIL REPORT Page: 10 Check Issue Dates: 10/23/2018 - 11/13/2018 Nov 08, 2018 01:50PM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount Total 110693:76.44 GEPHART ELECTRIC CO INC 11/13/2018 110694 156297 101-42110-404 In-Use Cover Replacement Police Department 119.02 GEPHART ELECTRIC CO INC 11/13/2018 110694 156297 101-43000-404 Duplex Receptacle Replacement Public Works Department 119.02 GEPHART ELECTRIC CO INC 11/13/2018 110694 156297 601-49400-404 WT Lamp Replacement & Socket Repair Water 119.01 Total 110694:357.05 GMH ASPHALT 11/13/2018 110695 872 405-48500-520 PW Gate Area Pavement 7,638.00 GMH ASPHALT 11/13/2018 110695 RFP #6 402-48055-590 OCB Road Improvements request 6 OCB Road Reconstruction 225,007.58 GMH ASPHALT 11/13/2018 110695 RFP #6 402-20600 OCB Road Improvements request 6 11,250.38- Total 110695:221,395.20 GOPHER STATE ONE CALL 11/13/2018 110696 8100638 601-49400-489 locates Water 289.58 GOPHER STATE ONE CALL 11/13/2018 110696 8100638 602-49450-489 locates Sewer 289.57 Total 110696:579.15 GPS INTERNATIONAL TECHNO 11/13/2018 110697 102518 101-42110-416 TrackFusion Annual Fee Police Department 240.00 GPS INTERNATIONAL TECHNO 11/13/2018 110697 102518-1 101-42110-240 Tracking Device & Deployment Case Police Department 536.00 Total 110697:776.00 GREGG PALMER 11/13/2018 110698 102518 101-43000-226 Reimb Jacket Public Works Department 36.66 GREGG PALMER 11/13/2018 110698 102518 601-49400-226 Reimb Jacket Water 36.66 GREGG PALMER 11/13/2018 110698 102518 602-49450-226 Reimb Jacket Sewer 36.67 Total 110698:109.99 GRUNDEEN, JOY 11/13/2018 110699 110618 101-41410-104 General Election 11/6/18 Elections 72.50 Total 110699:72.50 HENNEPIN COUNTY INFOR TE 11/13/2018 110700 1000118406 101-41900-319 Network Support 11-2018 Central Services 51.00 Total 110700:51.00 HOLLY S ROCCA 11/13/2018 110701 110618 101-41410-104 General Election 11/6/18 Elections 80.00 City of Orono Check Register - COUNCIL REPORT Page: 11 Check Issue Dates: 10/23/2018 - 11/13/2018 Nov 08, 2018 01:50PM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount Total 110701:80.00 IN CONTROL INC.11/13/2018 110702 18104NA01 601-16500 2018 Water Plant Scada Project 18-009 9,012.75 IN CONTROL INC.11/13/2018 110702 18104NB01 601-16500 2018 Water Plant Scada Project 18-009 3,726.75 Total 110702:12,739.50 Ishaug, Jennifer 11/13/2018 110703 110718 101-22205 Escrow Refund RAS18-000027 4245 Chippewa Lan 1,000.00 Total 110703:1,000.00 JACKIE YOUNG 11/13/2018 110704 102718 101-41300-319 CC meetings 10/8/18 Administration 190.00 JACKIE YOUNG 11/13/2018 110704 102718 101-42400-319 PC Meeting 10/15/18 Building & Zoning 240.00 JACKIE YOUNG 11/13/2018 110704 102718 101-41300-319 CC meetings 10/22/18 Administration 165.00 Total 110704:595.00 JAY MCCOY 11/13/2018 110705 101618 101-42110-212 Gas for Squad Police Department 36.24 Total 110705:36.24 JENNIFER ROBERTSON 11/13/2018 110706 110618 101-41410-104 General Election 11/6/18 Elections 173.25 JENNIFER ROBERTSON 11/13/2018 110706 110618 101-41410-331 General Election 11/6/18 - Mileage Elections 5.45 JENNIFER ROBERTSON 11/13/2018 110706 110618 101-41410-489 General Election 11/6/18 - Phone Elections 10.00 Total 110706:188.70 John Bendt 11/13/2018 110707 110618 101-41410-104 General Election 11/6/18 Elections 80.00 Total 110707:80.00 Jones, Sheila 11/13/2018 110708 110618 101-41410-104 General Election 11/6/18 Elections 152.50 Total 110708:152.50 JS STEWART COMPANIES INC 11/13/2018 110709 101718 101-32530 Septic Permit Refund SE18-000026 2280 Fox Stree 460.00 Total 110709:460.00 City of Orono Check Register - COUNCIL REPORT Page: 12 Check Issue Dates: 10/23/2018 - 11/13/2018 Nov 08, 2018 01:50PM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount JUDY CARLSON 11/13/2018 110710 110618 101-41410-104 General Election 11/6/18 Elections 70.00 Total 110710:70.00 KARLTON F GEMPLER 11/13/2018 110711 110618 101-41410-104 General Election 11/6/18 Elections 162.75 KARLTON F GEMPLER 11/13/2018 110711 110618 101-41410-331 General Election 11/6/18 - Mileage Elections 19.08 KARLTON F GEMPLER 11/13/2018 110711 110618 101-41410-489 General Election 11/6/18 - Phone Elections 10.00 Total 110711:191.83 KEEGAN, SANDRA 11/13/2018 110712 110618 101-41410-104 General Election 11/6/18 Elections 337.50 Total 110712:337.50 KEVIN GWASH 11/13/2018 110713 110618 101-41410-104 General Election 11/6/18 Elections 165.38 Total 110713:165.38 LAKE MTKA CONSERVATION DI 11/13/2018 110714 110518 101-45200-441 2018 Big Island Dock App Parks 290.00 Total 110714:290.00 Landgraver, Kevin 11/13/2018 110715 110618 101-41410-104 General Election 11/6/18 Elections 155.00 Total 110715:155.00 LANO EQUIPMENT 11/13/2018 110716 03-608214 701-49800-222 BPA supplies 121.38 LANO EQUIPMENT 11/13/2018 110716 03-608590 701-49800-403 Unit 452 Repairs 55.96 Total 110716:177.34 LAUREEN DARLING 11/13/2018 110717 110618 101-41410-104 General Election 11/6/18 Elections 75.00 Total 110717:75.00 LEANNA ERICKSON 11/13/2018 110718 110618 101-41410-104 General Election 11/6/18 Elections 75.00 Total 110718:75.00 LINDGREN, SANDRA 11/13/2018 110719 110618 101-41410-104 General Election 11/6/18 Elections 178.50 City of Orono Check Register - COUNCIL REPORT Page: 13 Check Issue Dates: 10/23/2018 - 11/13/2018 Nov 08, 2018 01:50PM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount LINDGREN, SANDRA 11/13/2018 110719 110618 101-41410-331 General Election 11/6/18 - Mileage Elections 10.90 LINDGREN, SANDRA 11/13/2018 110719 110618 101-41410-489 General Election 11/6/18 - Phone Elections 10.00 Total 110719:199.40 LINDSAY FREEMAN 11/13/2018 110720 110618 101-41410-104 General Election 11/6/18 Elections 75.00 Total 110720:75.00 LOGIS 11/13/2018 110721 45900 101-42110-401 Tritech Printing Issue Police Department 150.00 LOGIS 11/13/2018 110721 46033 101-42110-401 Tritech Issue Police Department 120.00 LOGIS 11/13/2018 110721 46033 101-41900-401 Website Issues - Citizen Serve Central Services 150.00 LOGIS 11/13/2018 110721 46072 101-41900-329 Backups 11/18 Central Services 917.00 LOGIS 11/13/2018 110721 46072 101-42110-310 Police Records 11/18 Police Department 6,917.00 LOGIS 11/13/2018 110721 46072 101-42110-329 Internet 11/18 Police Department 205.50 LOGIS 11/13/2018 110721 46072 101-41900-329 Internet 11/18 Central Services 205.50 Total 110721:8,665.00 LONG LAKE TRUE VALUE 11/13/2018 110722 A45809 101-45210-223 Ball Washer Soap Golf Course 12.56 LONG LAKE TRUE VALUE 11/13/2018 110722 B481446 701-49800-222 Grinding Wheels 18.98 LONG LAKE TRUE VALUE 11/13/2018 110722 B481942 701-49800-402 Unit 450 Repairs 5.49 LONG LAKE TRUE VALUE 11/13/2018 110722 B481950 701-49800-402 Unit 450 Repairs 5.78 LONG LAKE TRUE VALUE 11/13/2018 110722 B483987 101-45210-403 Tractor Repair Golf Course 3.85 LONG LAKE TRUE VALUE 11/13/2018 110722 B484921 101-43000-224 Sign Supplies Public Works Department 5.29 LONG LAKE TRUE VALUE 11/13/2018 110722 B486023 601-49400-405 Water Tower Enclosure Water 39.84 LONG LAKE TRUE VALUE 11/13/2018 110722 B486343 101-43000-404 Salt Shed Repair Task 21589 Public Works Department 32.99 LONG LAKE TRUE VALUE 11/13/2018 110722 B486384 601-49400-223 Cleat Socket for WT Water 4.79 LONG LAKE TRUE VALUE 11/13/2018 110722 B486460 101-45200-223 Batteries/Gloves Parks 57.97 LONG LAKE TRUE VALUE 11/13/2018 110722 B487476 601-49400-221 Water Tower Supplies Water 118.40 LONG LAKE TRUE VALUE 11/13/2018 110722 B487476 601-49400-405 Water Tower Enclosure Water 118.40 LONG LAKE TRUE VALUE 11/13/2018 110722 B487495 101-45210-223 Irrigation Supplies Golf Course 9.66 LONG LAKE TRUE VALUE 11/13/2018 110722 B488462 101-43000-403 Brine Maker Public Works Department 17.25 LONG LAKE TRUE VALUE 11/13/2018 110722 B489904 101-43000-403 Transfer Pump Repair Public Works Department 4,899.04 LONG LAKE TRUE VALUE 11/13/2018 110722 B4899949 101-43000-224 Chip Brush Public Works Department 3.08 Total 110722:5,353.37 LUBE TECH ESI 11/13/2018 110723 1253627 701-49800-212 Oil for Truck 816.78 City of Orono Check Register - COUNCIL REPORT Page: 14 Check Issue Dates: 10/23/2018 - 11/13/2018 Nov 08, 2018 01:50PM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount Total 110723:816.78 Luckey, Charryse 11/13/2018 110724 102918 999-10015 Refund UB 3554 Livingston Ave 1-433540-01 3.91 Total 110724:3.91 MANSFIELD OIL COMPANY 11/13/2018 110725 21035588 701-49800-212 Unleaded Fuel 702.60 MANSFIELD OIL COMPANY 11/13/2018 110725 21035589 701-49800-212 Diesel Fuel 285.73 MANSFIELD OIL COMPANY 11/13/2018 110725 21035970 101-42110-212 Unleaded Fuel Police Department 2,224.21 Total 110725:3,212.54 MARGARET UNG 11/13/2018 110726 103118 101-41500-331 Mileage 10/18-10/31/18 Finance Department 23.98 MARGARET UNG 11/13/2018 110726 103118 101-41300-489 Staff Development Administration 20.00 Total 110726:43.98 MARILYN K GEHRMAN 11/13/2018 110727 110618 101-41410-104 General Election 11/6/18 Elections 165.38 MARILYN K GEHRMAN 11/13/2018 110727 110618 101-41410-489 General Election 11/6/18 - Phone Elections 10.00 Total 110727:175.38 MARY LOU DOHERTY 11/13/2018 110728 110618 101-41410-104 General Election 11/6/18 Elections 75.00 Total 110728:75.00 MEDIACOM 11/13/2018 110729 102118 614-49840-329 Internet 11/1/18-11/30/18 Cable Franchise 1,187.00 Total 110729:1,187.00 MERIDETH, MARYANN 11/13/2018 110730 110618 101-41410-104 General Election 11/6/18 Elections 80.00 Total 110730:80.00 MET COUNCIL ENVIRONMENTA 11/13/2018 110731 AUGUST201 101-20809 August 2018 SAC 4,970.00 MET COUNCIL ENVIRONMENTA 11/13/2018 110731 SEPTEMBE 101-20809 September 2018 SAC 2,485.00 Total 110731:7,455.00 City of Orono Check Register - COUNCIL REPORT Page: 15 Check Issue Dates: 10/23/2018 - 11/13/2018 Nov 08, 2018 01:50PM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount MET COUNCIL ENVIRONMENTA 11/13/2018 110732 0001088858 602-49450-383 Wastewater Charges 12/2018 Sewer 39,434.77 Total 110732:39,434.77 METRO WEST INSPECTIONS S 11/13/2018 110733 1717 101-42400-310 Inspection Services Sep 2018 Building & Zoning 8,400.50 Total 110733:8,400.50 MIDWEST AQUA CARE 11/13/2018 110734 101218 101-45210-404 2018 Golf Pond Maintenance Golf Course 890.00 Total 110734:890.00 MINGER CONSTRUCTION 11/13/2018 110735 EST 2 651-16500 2018 Drainage Improvements 73,062.76 MINGER CONSTRUCTION 11/13/2018 110735 EST 2 651-20600 2018 Drainage Improvements 3,653.14- Total 110735:69,409.62 MINNESOTA EQUIPMENT 11/13/2018 110736 P74005 101-45210-402 Golf Blade Sharpening Golf Course 42.00 MINNESOTA EQUIPMENT 11/13/2018 110736 P74294 101-43000-226 Work Glove Public Works Department 19.95 MINNESOTA EQUIPMENT 11/13/2018 110736 P74613 701-49800-222 #450 Radio Speaker 30.00 Total 110736:91.95 MINUTEMAN PRESS 11/13/2018 110737 23073 101-41900-352 Fall Newsletter Central Services 1,548.70 MINUTEMAN PRESS 11/13/2018 110737 23074 101-41900-352 Fall Newsletter Postage Central Services 715.07 Total 110737:2,263.77 MN DEPT OF TRANSPORTATIO 11/13/2018 110738 P00009553 402-48055-404 OCB Material Testing OCB Road Reconstruction 669.64 Total 110738:669.64 MN NATIVE LANDSCAPE 11/13/2018 110739 18671 101-45210-404 Buckthorn Control Golf Course Golf Course 800.00 MN NATIVE LANDSCAPE 11/13/2018 110739 19012 101-45200-404 Saga Hill Fall Foliar Spray Parks 990.00 Total 110739:1,790.00 MONA HARMANN 11/13/2018 110740 110618 101-41410-104 General Election 11/6/18 Elections 168.00 City of Orono Check Register - COUNCIL REPORT Page: 16 Check Issue Dates: 10/23/2018 - 11/13/2018 Nov 08, 2018 01:50PM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount Total 110740:168.00 MTI DISTRIBUTING INC 11/13/2018 110741 1193307-00 101-45210-221 Irrigation Pump Parts Golf Course 8.26 Total 110741:8.26 MUNICIPAL CODE CORPORATI 11/13/2018 110742 00313379 101-41900-352 City Code Updates Central Services 2,974.00 Total 110742:2,974.00 NANCY BRANTINGHAM 11/13/2018 110743 110618 101-41410-104 General Election 11/6/18 Elections 85.00 Total 110743:85.00 NAVARRE HARDWARE 11/13/2018 110744 313446 101-45210-201 Clubhouse Cleaning Supplies Golf Course 14.98 NAVARRE HARDWARE 11/13/2018 110744 313465 601-49400-240 Heater Water 51.98 NAVARRE HARDWARE 11/13/2018 110744 313466 601-49400-227 Lubricant & Wire Brush Water 11.48 NAVARRE HARDWARE 11/13/2018 110744 313501 101-43000-224 Parts for Brine Maker Public Works Department 5.49 NAVARRE HARDWARE 11/13/2018 110744 313663 101-45200-223 Carmen Access Posts Parks 63.92 NAVARRE HARDWARE 11/13/2018 110744 313670 101-45200-223 Carmen Access Posts Parks 79.90 NAVARRE HARDWARE 11/13/2018 110744 313681 101-45200-223 Carmen Access Posts Parks 23.97 NAVARRE HARDWARE 11/13/2018 110744 313690 101-43000-489 Battery Public Works Department 17.98 NAVARRE HARDWARE 11/13/2018 110744 313918 101-41900-223 CH Entry Salt & Plow Storage Central Services 16.98 Total 110744:286.68 NCPERS MINNESOTA 11/13/2018 110745 67321118 101-21710 Pera life 11/2018 208.00 Total 110745:208.00 NOLA DICKHAUSEN 11/13/2018 110746 110618 101-41410-331 Election Mileage Reimbursement Elections 48.34 NOLA DICKHAUSEN 11/13/2018 110746 110618 101-41410-489 Election Parking Reimbursement Elections 9.00 Total 110746:57.34 Northern Force Outdoors 11/13/2018 110747 I180810448 701-49800-403 Repair Chainsaw Unit 868 88.00 Total 110747:88.00 City of Orono Check Register - COUNCIL REPORT Page: 17 Check Issue Dates: 10/23/2018 - 11/13/2018 Nov 08, 2018 01:50PM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount OFFICE DEPOT 11/13/2018 110748 2159477860 101-41900-201 Office Supplies Central Services 54.17 OFFICE DEPOT 11/13/2018 110748 2205176780 101-41900-201 Office Supplies Central Services 63.61 OFFICE DEPOT 11/13/2018 110748 22053118200 101-41900-201 Sharpies Central Services 39.48 Total 110748:157.26 OMANN CONTRACTING COMPA 11/13/2018 110749 FINAL 435-48966-590 2017 Street Improvement 9,577.07 Total 110749:9,577.07 OTTEN BROTHERS 11/13/2018 110750 1-1547873 225-45200-520 Golf Deck Landscaping 209.25 Total 110750:209.25 PAMELA GREGORY 11/13/2018 110751 110618 101-41410-104 General Election 11/6/18 Elections 150.00 Total 110751:150.00 PARK CONSTRUCTION COMPA 11/13/2018 110752 RFP #3 435-20600 RFP#3 2018 Street Improvements 15,997.51- PARK CONSTRUCTION COMPA 11/13/2018 110752 RFP #3 435-48971-590 RFP#3 2018 Street Improvements 319,950.21 Total 110752:303,952.70 PENNY SAIKI 11/13/2018 110753 110618 101-41410-104 General Election 11/6/18 Elections 72.50 Total 110753:72.50 Perry's Truck Repair 11/13/2018 110754 17483 231-45650-436 Tow/Siezed Mercury 90.00 Total 110754:90.00 PETERSON, DAVE 11/13/2018 110755 110618 101-41410-104 General Election 11/6/18 Elections 160.00 Total 110755:160.00 Platt-Nelson, Judy 11/13/2018 110756 110618 101-41410-104 General Election 11/6/18 Elections 90.00 Total 110756:90.00 PROLAWNS 11/13/2018 110757 16175 101-45200-404 Bederwood Ballfield Weed Control Parks 149.00 City of Orono Check Register - COUNCIL REPORT Page: 18 Check Issue Dates: 10/23/2018 - 11/13/2018 Nov 08, 2018 01:50PM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount Total 110757:149.00 RANDALL NORD 11/13/2018 110758 110618 101-41410-104 General Election 11/6/18 Elections 90.00 Total 110758:90.00 RANDYS ENVIRONMENTAL SER 11/13/2018 110759 OCTOBER 2 101-41900-404 Garbage Service Central Services 337.22 RANDYS ENVIRONMENTAL SER 11/13/2018 110759 OCTOBER 2 101-45200-404 Garbage Service Parks 435.46 RANDYS ENVIRONMENTAL SER 11/13/2018 110759 OCTOBER 2 101-45210-404 Garbage Service Golf Course 68.05 Total 110759:840.73 RDO EQUIPMENT 11/13/2018 110760 P40646 101-43000-224 Unit 471 Public Works Department 102.77 RDO EQUIPMENT 11/13/2018 110760 W24846 701-49800-403 Unit 471 Repairs 1,235.31 RDO EQUIPMENT 11/13/2018 110760 W24846 701-49800-403 Unit 471 Repairs 240.70- Total 110760:1,097.38 Reinders Inc.11/13/2018 110761 3059062-00 101-45210-223 Snow Mold Fungicide Golf Course 411.07 Total 110761:411.07 Roban, Michael or Janelle 11/13/2018 110762 234 101-45200-225 Mulch for Girlscout Pollinator Gardens at 7 Nations Parks 109.67 Total 110762:109.67 ROBERTS, JOHN 11/13/2018 110763 110618 101-41410-104 General Election 11/6/18 Elections 80.00 Total 110763:80.00 ROGOSHESKE, JUDY 11/13/2018 110764 110618 101-41410-104 General Election 11/6/18 Elections 150.00 Total 110764:150.00 RONALD ROCCA 11/13/2018 110765 110618 101-41410-104 General Election 11/6/18 Elections 80.00 Total 110765:80.00 ROY C INC 11/13/2018 110766 73590 101-41900-403 Repair Door Opener Task 22312 Central Services 210.95 City of Orono Check Register - COUNCIL REPORT Page: 19 Check Issue Dates: 10/23/2018 - 11/13/2018 Nov 08, 2018 01:50PM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount Total 110766:210.95 Ruegemer, Julie 11/13/2018 110767 110618 101-41410-104 General Election 11/6/18 Elections 80.00 Total 110767:80.00 Sandie Berger 11/13/2018 110768 110618 101-41410-104 General Election 11/6/18 Elections 85.00 Total 110768:85.00 SANDIE LARSON 11/13/2018 110769 110618 101-41410-331 General Election 11/6/18 - Mileage Elections 8.18 Total 110769:8.18 Schneider Excavating and Gradin 11/13/2018 110770 PAY#1 651-16500 Old Long Lake Road Ravine Stabilization Est. #1 25,520.00 Schneider Excavating and Gradin 11/13/2018 110770 PAY#1 651-20600 Old Long Lake Road Ravine Stabilization Est. #1 1,276.00- Total 110770:24,244.00 SCHWAAB INC 11/13/2018 110771 C003516 101-41900-201 Anne's Notary Stamp Central Services 25.00 Total 110771:25.00 SECOND NATURE GRAPHICS 11/13/2018 110772 301 101-41900-201 letterhead, envelopes Central Services 886.00 Total 110772:886.00 SHAUGHNESSY LAWN CARE 11/13/2018 110773 100818 101-45200-319 Parks Mowing 7/28/18-10/06/18 Parks 6,055.00 Total 110773:6,055.00 SHERRY DAVIS WHITE 11/13/2018 110774 110618 101-41410-104 General Election 11/6/18 Elections 75.00 Total 110774:75.00 SiteOne Landscape Supply 11/13/2018 110775 87553448-00 101-45200-225 Fest Tent Seeding Parks 373.47 Total 110775:373.47 City of Orono Check Register - COUNCIL REPORT Page: 20 Check Issue Dates: 10/23/2018 - 11/13/2018 Nov 08, 2018 01:50PM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount Snyder, William & Julie 11/13/2018 110776 110718 101-22205 Escrow refund 2018-00214 1629 Bohns Point Rd 1,000.00 Total 110776:1,000.00 Soil Investigation & Design 11/13/2018 110777 10875 101-42400-310 Review of Design and Soil Inspection Building & Zoning 600.00 Soil Investigation & Design 11/13/2018 110777 10876 101-42400-310 Review of Design and Soil Inspection Building & Zoning 600.00 Total 110777:1,200.00 SRF CONSULTING GROUP INC 11/13/2018 110778 11400.00-6 408-48800-590 CSAH 112 PH2 Landscape 18-043 575.83 Total 110778:575.83 STAR TRIBUNE 11/13/2018 110779 102618 101-42110-208 Subscription Acct 1069427 10/26/18-10/25/19 Police Department 461.76 Total 110779:461.76 SUELLYN TRITZ 11/13/2018 110780 110618 101-41410-104 General Election 11/6/18 Elections 75.00 Total 110780:75.00 SUN LIFE FINANCIAL 11/13/2018 110781 1118LIFE 101-21710 Life Ins-Nov/2018 1,061.38 SUN LIFE FINANCIAL 11/13/2018 110781 1118LIFE 101-15998 Life Ins-Nov/2018 134.67 SUN LIFE FINANCIAL 11/13/2018 110781 1118STD 101-21714 STD-Nov/2018 664.20 Total 110781:1,860.25 TALLEN AND BAERTSCHI 11/13/2018 110782 102418 101-41600-306 Prosecution Services-10/2018 Law/Legal Services 3,088.73 Total 110782:3,088.73 THE HARTFORD 11/13/2018 110783 112018 101-21713 LTD 11/2018 1,606.34 Total 110783:1,606.34 THE HOME DEPOT 11/13/2018 110784 2570550 101-45200-221 Brush Site Keys Parks 21.76 THE HOME DEPOT 11/13/2018 110784 3019560 225-45200-530 Golf Deck Landscaping 34.32 THE HOME DEPOT 11/13/2018 110784 5062858 101-45200-223 Brush Site Keys / Refridgerator Parks 138.80 THE HOME DEPOT 11/13/2018 110784 5565406 101-45210-223 Irrigation Hut Supplies Golf Course 40.65 THE HOME DEPOT 11/13/2018 110784 7260853-CR 234-45680-404 Eagle Scout Materials for Dog Park Bridge 5.94- City of Orono Check Register - COUNCIL REPORT Page: 21 Check Issue Dates: 10/23/2018 - 11/13/2018 Nov 08, 2018 01:50PM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount Total 110784:229.59 TITAN MACHINERY 11/13/2018 110785 11617268 701-49800-222 Loader Repair 46.00 Total 110785:46.00 TOM CADY 11/13/2018 110786 110618 101-41410-104 General Election 11/6/18 Elections 80.00 Total 110786:80.00 TRI K SERVICES 11/13/2018 110787 101818 101-45210-223 Fest Tent Topsoil Golf Course 66.00 TRI K SERVICES 11/13/2018 110787 102218 101-45210-223 Fest Tent Topsoil Golf Course 66.00 TRI K SERVICES 11/13/2018 110787 102218-1 101-45210-223 Fest Tent Topsoil Golf Course 70.97 TRI K SERVICES 11/13/2018 110787 102218-2 101-45210-223 Fest Tent Topsoil Golf Course 33.00 TRI K SERVICES 11/13/2018 110787 110618 101-45210-223 Fest Tent Topsoil Golf Course 70.97 Total 110787:306.94 TUCKER, WHITNEY 11/13/2018 110788 110618 101-41410-104 General Election 11/6/18 Elections 80.00 Total 110788:80.00 VANGUARD CLEANING SYSTE 11/13/2018 110789 61797 101-41900-407 Janitorial service Central Services 1,435.50 VANGUARD CLEANING SYSTE 11/13/2018 110789 61797 101-42110-407 Janitorial service Police Department 1,039.50 VANGUARD CLEANING SYSTE 11/13/2018 110789 62377 101-41900-407 Nov 2018 Cleaning Services Central Services 1,435.50 VANGUARD CLEANING SYSTE 11/13/2018 110789 62377 101-42110-407 Nov 2018 Cleaning Services Police Department 1,039.50 Total 110789:4,950.00 VERIZON WIRELESS 11/13/2018 110790 9817120701 602-49450-321 Cell Phones 10/24/18-11/23/18 Sewer 27.93 VERIZON WIRELESS 11/13/2018 110790 9817120701 601-49400-321 Cell Phones 10/24/18-11/23/18 Water 27.92 Total 110790:55.85 WASTE MANAGEMENT RECYC 11/13/2018 110791 0047264-280 603-49500-316 Reccycling 11/2018 9,530.40 Total 110791:9,530.40 WEST HENNEPIN PUBLIC SAFE 11/13/2018 110792 101518 101-42110-437 IACP Conference - C. Farniok Police Department 74.59 City of Orono Check Register - COUNCIL REPORT Page: 22 Check Issue Dates: 10/23/2018 - 11/13/2018 Nov 08, 2018 01:50PM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount Total 110792:74.59 Wimsatt, Karen 11/13/2018 110793 102218 101-19999 Case #18-007543 Monies Seized 3,250.00 Wimsatt, Karen 11/13/2018 110793 102218-1 101-19999 Case #18-007543 Monies Seized 16.90 Total 110793:3,266.90 Grand Totals: 1,013,973.47 AGENDA ITEM Prepared By: AMC Reviewed By: DJR Approved By: DJR 1.Purpose. The purpose of this action item is to approve the 2019 Official Calendar. 2.Background. Council Meetings Council meetings are scheduled for the second and fourth Mondays of the month at 7:00 p.m. Generally only one Council meeting is scheduled in December. The annual budget hearing will be held at the beginning of the December 9th Council meeting beginning at 6:30 p.m. (Note: This is an early start time) Council Work Sessions Council work sessions are designated prior to the second meeting of the month beginning at 5:00 p.m. No work session is scheduled for December. Planning Commission Meetings Planning Commission meetings are scheduled for the third Monday of the month at 6:30 p.m. January and February are the exceptions because of Monday holidays. In those months, the meetings will be held the following Tuesday. No Planning Commission meeting is scheduled in December. Planning Commission Work Sessions Planning Commission work sessions will be scheduled on an as needed basis and are not reflected on the 2019 calendar. Park Commission Meetings Park Commission meetings are scheduled for the first Monday of every other month at 6:30 p.m. Meeting months are January, March, May, July, September, and November. (Note: The September meeting will be held on Tuesday because of a Monday Holiday.) Park Commission work sessions scheduled for the first Monday of every other month at 1 p.m. The months are February, April, June, August, and October. Holiday Schedule According to the City’s personnel policy, the City schedules twelve holidays throughout the year, which include regular holidays and one designated floating holiday to be set by the City Administrator. The regular holidays observed are New Year's Day, Martin Luther King Jr. Day, Presidents’ Day, Memorial Day, Independence Day, Labor Day, Veterans Day, Thanksgiving Day, the Friday after Thanksgiving, Christmas Eve and Christmas Day. 3.Staff Recommendation. Staff recommends approval of the 2019 Official Calendar. COUNCIL ACTION REQUESTED Consider a motion to approve the 2019 Official Calendar. Item No.: 5 Date: November 13, 2018 Item Description: Proposed 2019 Official Calendar Presenter: Anna Carlson, City Clerk Agenda Section: Consent Agenda AGENDA ITEM Prepared By: AMC Reviewed By: DJR Approved By: DJR Exhibit A. 2019 Official Calendar Draft Su Mo Tu We Th Fr Sa Su Mo Tu We Th Fr Sa Su Mo Tu We Th Fr Sa 1 2 3 4 5 1 2 1 2 6 7 8 9 10 11 12 3 4 5 6 7 8 9 3 4 5 6 7 8 9 13 14 15 16 17 18 19 10 11 12 13 14 15 16 10 11 12 13 14 15 16 20 21 22 23 24 25 26 17 18 19 20 21 22 23 17 18 19 20 21 22 23 27 28 29 30 31 24 25 26 27 28 24 25 26 27 28 29 30 31 Su Mo Tu We Th Fr Sa Su Mo Tu We Th Fr Sa Su Mo Tu We Th Fr Sa 1 2 3 4 5 6 1 2 3 4 1 7 8 9 10 11 12 13 5 6 7 8 9 10 11 2 3 4 5 6 7 8 14 15 16 17 18 19 20 12 13 14 15 16 17 18 9 10 11 12 13 14 15 21 22 23 24 25 26 27 19 20 21 22 23 24 25 16 17 18 19 20 21 22 28 29 30 26 27 28 29 30 31 23 24 25 26 27 28 29 30 Su Mo Tu We Th Fr Sa Su Mo Tu We Th Fr Sa Su Mo Tu We Th Fr Sa 1 2 3 4 5 6 1 2 3 1 2 3 4 5 6 7 7 8 9 10 11 12 13 4 5 6 7 8 9 10 8 9 10 11 12 13 14 14 15 16 17 18 19 20 11 12 13 14 15 16 17 15 16 17 18 19 20 21 21 22 23 24 25 26 27 18 19 20 21 22 23 24 22 23 24 25 26 27 28 28 29 30 31 25 26 27 28 29 30 31 29 30 Su Mo Tu We Th Fr Sa Su Mo Tu We Th Fr Sa Su Mo Tu We Th Fr Sa 1 2 3 4 5 1 2 1 2 3 4 5 6 7 6 7 8 9 10 11 12 3 4 5 6 7 8 9 8 *9 10 11 12 13 14 13 14 15 16 17 18 19 10 11 12 13 14 15 16 15 16 17 18 19 20 21 20 21 22 23 24 25 26 17 18 19 20 21 22 23 22 23 24 25 26 27 28 27 28 29 30 31 24 25 26 27 28 29 30 29 30 31 H Park Commission Meeting 1st Monday of the Month/Every Other Month, 6:30 p.m.Park Commission (Jan., Mar., May, July, Sept., Nov.)Work Session 1 p.m. Official Holidays *This is a draft calendar for 2019 - Formal Approval for Official Calendar will take place in December Council Meeting, 2nd & 4th Monday, 7:00 p.m.Council Work Session, 5:00 p.m. *Only One Council Meeting In December w/ Truth in Taxation at 6:30 p.m. (No Council Work Session in December) Planning Commission Meeting, 3rd Monday 6:30 p.m. (No Planning Commission Meeting in December & Work Sessions as Needed, 5:30 p.m.) July August September October November December January February March April May June 2019 DRAFT CALENDAR *Subject to City Council Approval AGENDA ITEM Prepared By: AMC Reviewed By: DJR Approved By: DJR 1.Purpose. The following is a proposed schedule for Council Member attendance at the monthly Planning Commission meetings during 2019. PLANNING COMMISSION 2.Staff Recommendation. Staff recommends approval of the schedule for Council attendance at Planning Commission meetings during 2019. COUNCIL ACTION REQUESTED Consider a motion to approve the schedule for Council attendance at Planning Commission meetings during 2019. Item No.: 6 Date: November 13, 2018 Item Description: Proposed Council Liaison to Planning Commission Meetings in 2019 Presenter: Anna Carlson, City Clerk Agenda Section: Consent Agenda Meeting Date Representative January 22, 2019 (Tuesday) Richard Crosby February 19, 2019 (Tuesday) Aaron Printup March 18, 2019 Victoria Seals April 15, 2019 Matthew Johnson May 20, 2019 Dennis Walsh June 17, 2019 Richard Crosby July 15, 2019 Aaron Printup August 19, 2019 Victoria Seals September 16, 2019 Matthew Johnson October 14, 2019 Dennis Walsh November 18, 2019 Richard Crosby AGENDA ITEM Prepared By: Correy Farniok Reviewed By: DJR Approved By: DJR 1.Purpose. The purpose of this action item is to gain approval for the disposal of an unclaimed (abandoned) vehicle. 2.Background. The Police Department has an abandoned vehicle and homemade trailer that can be disposed. The vehicle and trailer was impounded and driver arrested by the Orono Police Department. The police department has sent requests for the registered owner to retrieve the vehicle and homemade trailer. More than 60 days has passed with no response. The vehicle and trailer are in very poor condition. The police department would recommend vehicle be sent to an auto salvage business for scrap. 3.Project Scope. Disposal of a forfeited vehicle. 1991 Chevrolet Pickup VIN#2GCGC29K9M1111811 over 300,000 miles Homemade Trailer No VIN# - very poorly made and in poor condition 4.Staff Recommendation. I recommend that the disposal of the abandoned vehicle and homemade trailer. COUNCIL ACTION REQUESTED Motion to dispose of an abandoned vehicle and homemade trailer. Both will be sent to an auto salvage yard as scrap. Item No.: 7 Date: November 13, 2018 Item Description: Approval to Dispose of Unclaimed Vehicle Presenter: Correy Farniok Police Chief Agenda Consent Agenda Section: AGENDA ITEM Prepared By: Reviewed By: Approved By: DJR 1. Purpose. The purpose of this action is to gain council approval to enter into a contract with Hennepin County Sentence to Serve (STS) for park maintenance. 2. Background. The STS program provides individuals sentenced to community service to support the maintenance needs of the municipalities in Hennepin County. To maintain a regular service the program requires municipalities to offset some of the expense of the program and enter into a contract. The City used STS the last several years to perform maintenance activities at our parks and facilities such as debris and buckthorn removal. The contract provides a cost effective method to complete some of the labor intensive maintenance operations in our parks and facilities. 3. Project Scope. The contract will provide up to 22 crew days’ worth of support from the STS program at Orono City Parks. A crew is a correctional officer with 6-10 STS members. 4. Cost. The 2018 rate is $367.50 per day per crew. The total cost for the years shall not exceed $8,085.00 5. Funding. The contract will be funded out of the parks’ budget. 6. Staff Recommendation. I recommend approval of the attached contract. COUNCIL ACTION REQUESTED Motion to approve the attached contract with Hennepin County Sentence to Serve for park maintenance not to exceed $8,085.00. Exhibits A. STS Contract for 2019 Item No.: 8 Date: November 13, 2018 Item Description: Park Maintenance Contract with Sentence to Serve (STS) Presenter: Adam T. Edwards Public Works Director/City Engineer Agenda Section: Consent Agenda Contract No. A189156 (STS Form/Governmental Unit Svcs Agr–Revised 3/2016) Page 1 of 7 SENTENCING TO SERVICE PROGRAM SERVICES AGREEMENT WITH THE CITY OF ORONO This Agreement is between the COUNTY OF HENNEPIN, STATE OF MINNESOTA A-2300 Government Center, Minneapolis, Minnesota 55487 (“COUNTY”), on behalf of the Hennepin County Department of Community Corrections and Rehabilitation, C-2300 Government Center, 300 South Sixth Street, Minneapolis, Minnesota 55487 (“DEPARTMENT”), and the CITY OF ORONO, 2750 Kelley Parkway, Orono, MN 55356 (“CITY”). WHEREAS, the COUNTY operates the Sentencing to Service Program (STS Program) which offers offenders an opportunity to learn landscape maintenance and other marketable skills; and WHEREAS, the CITY wishes to purchase the services of the STS Program; NOW, THEREFORE, in consideration of the mutual undertakings and agreements hereinafter set forth, the COUNTY, on behalf of the DEPARTMENT, and the CITY agree as follows: 1. TERM AND COST OF THIS AGREEMENT This Agreement shall be in effect from January 1, 2019 through December 31, 2019, unless terminated earlier in accordance with the Default and Cancellation provisions of this Agreement. The total cost of this Agreement, including all reimbursable expenses, shall not exceed Eight Thousand, and Eighty Five Dollars ($8,085.00) 2. SERVICES TO BE PROVIDED The CITY wishes to utilize the services of the STS Program participants to perform park and facility maintenance (the “Work”). The specific services to be performed are more thoroughly described in ATTACHMENT A SERVICES TO BE PROVIDED, attached hereto and incorporated herein by reference. 3. RESPONSIBILITIES OF THE DEPARTMENT The DEPARTMENT agrees to the following with respect to the Work requested: A. Provide up to Twenty-Two (22) work crew(s) at a rate of Three Hundred Sixty-Seven Dollars and Fifty Cents ($367.50) for the period of January 1, 2019 through December 31, 2019 for a minimum of six (6) hours per day, excluding paid breaks. A work crew will consist of an average of six (6) participants per day. B. Provide COUNTY employed crew leader who will be responsible for the transportation, instruction, and supervision of the STS Program work crew. C. Provide required personal safety equipment and clothing needed for specific work. Contract No. A189156 (STS Form/Governmental Unit Svcs Agr–Revised 3/2016) Page 2 of 7 D. Provide basic landscaping tools and equipment needed for specific work. E. Train each STS Program work crew in necessary safety principles and techniques. F. Provide quarterly reports to the CITY that show the number of days worked and total hours of service received. G. Assume all medical liability for the STS Program participants. 4. RESPONSIBILITIES OF THE CITY The CITY agrees to the following: A. Obtain all necessary permits or licenses or special authority for all Work. B. Assign all work and coordinate material purchases and delivery for projects to be performed. 5. COST AND PAYMENT FOR SERVICES A. The COUNTY shall bill the CITY for all applicable taxes. B. Payment for services performed by the COUNTY shall be paid by the CITY within thirty (30) days from the date of invoice. The COUNTY will invoice for services at the end of each calendar quarter. 6. INDEPENDENT CONTRACTOR Nothing is intended or should be construed as creating or establishing the relationship of co- partners between the parties or as constituting either party as the agent, representative, or employee of the other party for any purpose. Each party is and shall remain an independent contractor for all services performed under this Agreement. Each party shall secure at its own expense all personnel required in performing services under this Agreement. Any personnel or other persons engaged in the performance of any work or services required by a party will have no contractual relationship with the other party and will not be considered employees of the other party. 7. INDEMNIFICATION Each party agrees that it will be responsible and agrees to defend, indemnify, and hold harmless the other party, its officials, officers, agents, and employees for its own errors, acts, and omissions and the results thereof to the extent authorized by the law and shall not be responsible for the errors, acts, and omissions of the other party and the results thereof. Notwithstanding anything to the contrary in this Section 7, the COUNTY shall have no liability to the CITY for any cause under or related to this Agreement for any consequential, special, incidental, punitive, or indirect damages (including without limitation loss of profit, revenue, business opportunity, or business advantage), whether based upon a claim or action of tort, contract, warranty, negligence, strict liability, contribution, or any other legal theory or cause of action. Each party’s liability shall be governed by and limited in accordance with Minnesota Statutes, Chapter 466. Contract No. A189156 (STS Form/Governmental Unit Svcs Agr–Revised 3/2016) Page 3 of 7 8. DATA PRACTICES Both parties shall abide by the provisions of the Minnesota Government Data Practices Act, Minnesota Statutes, Chapter 13 (MGDPA), and all other applicable state and federal laws, rules, regulations, and orders relating to data privacy and confidentiality. 9. SUBCONTRACTING AND ASSIGNMENTS Neither party shall assign, subcontract, transfer, or pledge this Agreement, in whole or in part, without the prior written consent of the other party. 10. MERGER AND MODIFICATION A. It is understood and agreed that the entire Agreement between the parties is contained herein and that this Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter. All items that are referenced or that are attached are incorporated and made a part of this Agreement. B. Any alterations, variations, modifications, or waivers of provisions of this Agreement shall only be valid when they have been reduced to writing as an amendment to this Agreement signed by the parties. 11. DEFAULT AND CANCELLATION A. If either party fails to perform any of the provisions of this Agreement or so fails to administer the work as to endanger the performance of this Agreement, it shall be in default. Unless the default is excused by the nondefaulting party, the nondefaulting party may upon written notice immediately cancel this Agreement in its entirety. Additionally, failure of the CITY to comply with the terms of this Agreement shall be just cause for the COUNTY to immediately cease providing services under this Agreement until the CITY’s compliance. B. The above remedies shall be in addition to any other right or remedy available to the parties under this Agreement, law, statute, rule, and/or equity. C. Either party’s failure to insist upon strict performance of any provision or to exercise any right under this Agreement shall not be deemed a relinquishment or waiver of the same, unless consented to in writing. Such consent shall not constitute a general waiver or relinquishment throughout the entire term of this Agreement. D. This Agreement may be cancelled with or without cause by either party upon thirty (30) days written notice. 12. CONTRACT ADMINISTRATION In order to coordinate the services of the CITY with the activities of the DEPARTMENT, so as to accomplish the purposes of this Agreement, Logan Futterer, Hennepin County Department of Community Corrections & Rehabilitation, Client and Community Restoration, 3000 North Second Street, Minneapolis, Minnesota 55411, or his successor (Contract Administrator), shall manage this Agreement on behalf of the COUNTY and serve as liaison between the COUNTY and the CITY. Contract No. A189156 (STS Form/Governmental Unit Svcs Agr–Revised 3/2016) Page 4 of 7 CITY PROJECT AND BILLING CONTACT: Adam Edwards, Director of Public Works 2750 Kelley Parkway Orono, MN 55346 Office: 952-249-4661 aedwards@ci.orono.mn.us 13. NOTICES Any notice or demand which must be given or made by a party under this Agreement or any statute or ordinance shall be in writing, and shall be sent registered or certified mail. Notices to the COUNTY shall be sent to the County Administrator with a copy to the originating DEPARTMENT at the address given in the opening paragraph of this Agreement. Notice to the CITY shall be sent to the address stated in the opening paragraph of this Agreement. 14. MINNESOTA LAWS GOVERN The Laws of the State of Minnesota shall govern all questions and interpretations concerning the validity and construction of this Agreement and the legal relations between the parties and their performance. The appropriate venue and jurisdiction for any litigation will be those courts located within the County of Hennepin, State of Minnesota. Litigation, however, in the federal courts involving the parties will be in the appropriate federal court within the State of Minnesota. If any provision of this Agreement is held invalid, illegal, or unenforceable, the remaining provisions will not be affected. THIS PORTION OF PAGE INTENTIONALLY LEFT BLANK Contract No. A189156 (STS Form/Governmental Unit Svcs Agr–Revised 3/2016) Page 5 of 7 COUNTY BOARD AUTHORIZATION Reviewed for COUNTY by the County Attorney's Office: {{Sig_es_:signer4:signature}} {{userstamp4_es_:signer4:stamp}} Reviewed for COUNTY by: {{Sig_es_:signer5:signature}} {{userstamp5_es_:signer5:stamp}} Board Resolution No: {{*BoardResolution_es_:signer5:brs}} Document Assembled by: {{Sig_es_:signer1:signature}} {{userstamp1_es_:signer1:stamp}} {{Exh_es_:signer1:attachment:label("Attachments")}} COUNTY OF HENNEPIN STATE OF MINNESOTA By: {{Sig_es_:signer7:signature}} {{userstamp7_es_:signer7:stamp}} ATTEST: {{Sig_es_:signer8:signature}} {{userstamp8_es_:signer8:stamp}} By: {{Sig_es_:signer6:signature}} {{userstamp6_es_:signer6:stamp}} Contract No. A189156 (STS Form/Governmental Unit Svcs Agr–Revised 3/2016) Page 6 of 7 CITY CITY warrants that the person who executed this Agreement is authorized to do so on behalf of CONTRACTOR as required by applicable articles, bylaws, resolutions or ordinances.* By: {{Sig_es_:signer2:signature}} {{userstamp2_es_:signer2:stamp}} {{ ttl_es_:signer2:title}} By: {{Sig_es_:signer3:signature}} {{userstamp3_es_:signer3:stamp}} {{ ttl_es_:signer3:title}} *CITY represents and warrants that it has submitted to COUNTY all applicable documentation (articles, bylaws, resolutions or ordinances) that confirms the signatory's delegation of authority. Documentation is not required for a sole proprietorship. Contract No. A189156 (STS Form/Governmental Unit Svcs Agr – Revised 3/2016) Page 7 of 7 ATTACHMENT A: SERVICES TO BE PROVIDED City of Orono 2750 Kelley Parkway Orono, Minnesota 55356 Description of Work to be Performed 2019 Non- Taxable Taxable Park and Facility Maintenance Services Up to Twenty-Two (22) Work Crews as requested by the City NTE: $8,085.00 Crew Per Day: $367.50 per day X Hennepin County provides certain services that are taxable in the State of Minnesota. Appropriate sales tax will be charged for all taxable services provided. Please consult the Minnesota Department of Revenue Sales & Use Tax guides (available at http://taxes.state.mn.us) for information on taxability of specific services. AGENDA ITEM Prepared By: SO Reviewed By: Approved By: DJR 1. Purpose. The purpose of this council action is to gain council approval to replace a sewer pumps at Grinder Station 1. 2. Background. This year’s grinder station inspections have reveled one damaged grinder station pump requiring replacement. 3. Scope. Replacement of one grinder pump at Grinder Stations 1. 4. Cost. The cost to replace the 1 pumps is $ 5,876. 5. Funding. This equipment will be funded through the Sanitary Sewer operating budget. 6. Staff Recommendation. Staff Recommends replacement of one pump. COUNCIL ACTION REQUESTED Motion to approve purchase of one grinder pump from Quality Flow Systems Inc for Grinder Station 1 for $5,876. Item No.: 9 Date: November 13, 2018 Item Description: Grinder Station 1 Pump Replacement Presenter: Scott Oberaigner Utilities Supervisor Agenda Section: Consent Agenda AGENDA ITEM Prepared By: Reviewed By: Approved By: DJR 1. Purpose. The purpose of this action item is to gain Council authorization for the final Pay Request of the 2017 Street Maintenance contract. 2. Background. At the March 22nd Council Work Session the Council provided guidance on a way forward for road maintenance funding and projects for the 2017 and 2018 construction seasons. At the April 24th council meeting, council provided direction to staff on roads to include in 2017 Street Maintenance project and approved the engineering and bid development proposal for the project. At the June 12th 2017 Council meeting the City Council awarded the construction contract to Omann Brothers. 3. Scope. Reclamation 6” of existing material, shaping the reclaimed material and paving with the 3.5” of pavement in the city typical section as well as drainage improvements on Tonka Avenue, East Lake Street and Northern Avenue. A 2” Mill and Overlay on Minnetonka Avenue. Repaving, striping and concrete curb installation at the Crystal Bay Post office. 4. Cost. The final pay request is for $9,577.07. This included payment of the retainage. Total payments to Omman Brothers including this Pay request 5 is $ $191,541.42. The bid Amount was $193,337.83 5. Funding. I recommend that Park Construction be paid $9,577.07. COUNCIL ACTION REQUESTED: Motion to approve the final pay to Omann Brothers in the amount of $9,577.07 for the 2017 Street’s project. Exhibits A. Pay Request B. Bid Tab Item No.: 10 Date: November 13, 2018 Item Description: 2017 Street Maintenance Contract Award Presenter: Adam T. Edwards Public Works Director/City Engineer Agenda Section: Consent Agenda Exhibit B Bid Tab City Of Orono 2017 Street Improvements Bid Date: June 7, 2017 – 10:00 Contractor Total Bid Amount Bituminous Roadways $ 212,000.00 Hardrives $ 197.722.70 Omann Bros. $193,337.83 AGENDA ITEM Prepared By: LLO Reviewed By: J Barnhart Approved By: DJR 1. Purpose. The applicant is requesting east and west side yard setback variances. 2. 15.99 Deadline The applicant made a complete application on October 2, 2018. Following the 60- day review deadline, this application will expire November 30, 2018. 3. Background/ Summary. The improvements on the property include an addition to a single family home and a detached garage. The applicants are requesting side yard setback variances to allow for a home addition to the existing structure. The home addition is proposed to sit 37 feet from the west side of the property, where the current detached garage is 38 feet from the property line. The applicant is also proposing a covered deck off on the rear of the home and would encroach in the east side yard. The current home sits 32 feet from the east side property line. The covered deck addition is proposed to sit 42 feet from the east side property line. Side yard setbacks are 50 feet. 4. Planning Commission Vote and Comment. The Planning Commission reviewed the application and found the proposed application to be reasonable. The Planning Commission unanimously recommended approval of the proposed variances, 7-0. 5. Public Comment. No public input was received for this application. 6. Staff Recommendation: Planning staff recommend approval. COUNCIL ACTION REQUESTED Make a motion to adopt or amend the approval resolution. Exhibits A. Draft Resolution B. Proposed Plans C. Draft PC Minutes D. PC Staff Report References PC Exhibits Exhibit A. Application Exhibit B. Practical Difficulties Documentation Form Exhibit C. Proposed Survey and Setbacks Exhibit D. Proposed Plans and Elevations Exhibit E. Property Images Exhibit F. Property Owners List and Map Exhibit G. Property Owner Comments Exhibit H. Neighbor Signatures Item No.: 11 Date: November 13, 2018 Item Description: LA18-000081 – Brain Haas o/b/o Jeffery Gossen, 4260 Sixth Ave N., Variance – Resolution Presenter: Laura Oakden Planner Agenda Section: Consent Agenda CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. ________________________ 1 A RESOLUTION APPROVING A VARIANCE FROM MUNICIPAL ZONING CODE SECTION 78-395 FILE NO. LA18-000081 WHEREAS, on October 2, 2018, Brain Haas o/b/o Jeffery Gossen (“Applicants”), applied for a variance from the City Code for the property addressed 4260 Sixth Ave N and legally described as: Lot 1, Block 1, SHARON HILLS (hereinafter the “Property”); WHEREAS, the Applicants have made application to the City of Orono for a variance to Orono Municipal Zoning Code Section 78-395 to allow 37’ west side yard setback and 32’ east side yard setback where 50’ is required and WHEREAS, on October 15, 2018, 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 speak thereon; and WHEREAS, on October 15, 2018, the Planning Commission recommended approval of the variance; and WHEREAS, on November 13, 2018, 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: FINDINGS OF FACT: 1. This application was reviewed as Zoning File #LA18-000081. 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 RR-1A Zoning District. CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. ________________________ 2 3. The Property contains 1.85 acres in area and has a defined lot width of 140 feet. 4. Applicant has applied for the following variance: a. Side Yard Setback 5. In considering this application for 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 welfare of the community, existing and anticipated traffic conditions, light and air, danger of fire, risk to the public safety, and the effect on values of property in the surrounding area. ANALYSIS: 1. “Variances shall only be permitted when they are in harmony with the general purposes and intent of the ordinance . . . .” The applicant is proposed to remodel and construct an addition to the existing single family home on a residential lot, which is consistent with the intent of the ordinance. 2. “Variances shall only be permitted when the variances are consistent with the comprehensive plan.” The variances resulting in a permit for a new single family residence in a residential zone are 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 permitted by the official controls. The applicant is proposing to use the property in a reasonable manner with the construction on a single family home. There is limited space to construct a conforming structure on the site due to the lots nonconforming size and width. b. The plight of the landowner is due to circumstances unique to his property not created by the landowner. The plight of the property owner is due to the existing substandard lot size and shape and c. The variance, if granted, will not alter the essential character of the locality.” CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. ________________________ 3 The character of the neighborhood is not likely to be significantly altered from replacement of the residence which is consistent in character and size with the surrounding homes. 4. “Economic considerations alone do not constitute practical difficulties.” Economic considerations have not been a factor in the variance approval determination. 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, subd. 2, when in harmony with Orono City Code Chapter 78.” This condition 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 78 for property in the zone where the affected person's land is located.” This condition is not applicable, as the use for a single family home is an allowed use in the RR-1A District. 7. “The board or council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling.” This condition is not applicable. 8. “The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property.” The size of the lot with in the RR-1A zoning district is unique for the requested setback variances. 9. “The conditions do not apply generally to other land or structures in the district in which the land is located.” The size of the lot and its locations as it pertains to the existing zoning district is peculiar to the property. The lot is non-conforming as to width, the RR-1A zone requires 300 feet. The lot at 140 wide offers a 40’ wide buildable envelope 10. “The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant.” Staff finds this statement to be true to allow for construction of an addition to a single family home on this parcel. 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 of the requested variances would not impair health, safety, comfort or morals and would be in keeping with the intent of the zoning 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 application has stated the narrow lot has setback challenges for constructing additions to an existing single family home. CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. ________________________ 4 CONCLUSIONS, ORDER AND CONDITIONS: Based upon one or more of the above findings, the Orono City Council hereby grants a variance to Orono Municipal Zoning Code Section 78-395 to allow side yard setback variance subject to the following conditions: 1. Council approval is based on the entire record, above Findings. 2. The approved project shall conform to the survey dated October 2, 2018 and building plans submitted by the Applicants and annotated by City staff, attached to this Resolution as Exhibits A. 3. Any amendments to the plans which are not in conformity with City codes may require further Planning Commission and City Council review. 4. Authorities granted by this resolution run with the Property not with the Applicants, but are permissive only and must be exercised by obtaining a building permit for the addition and commencing construction 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 (November 13, 2019). 5. Violation of or non-compliance with any of the terms and conditions of this resolution may result in the termination of any authority granted herein. ADOPTED by the Orono City Council on this ______ day of ________________, 20__. ATTEST: CITY OF ORONO: _______________________________ ________________________________ Anna Carlson, City Clerk Dennis Walsh, Mayor A1.1 ISSUE GO S S E N R E S I D E N C E REVISIONS SHEET # AD D I T I O N A N D R E M O D E L I N G f o r t h e : OR O N O , M I N N E S O T A 42 6 0 C O U N T Y R O A D 6 JULY 17, 2018 LOWER LEVEL PLAN 4900 HIGHWAY 169 SUITE 303 NEW HOPE MN. 55428 A1.2 ISSUE GO S S E N R E S I D E N C E REVISIONS SHEET # AD D I T I O N A N D R E M O D E L I N G f o r t h e : OR O N O , M I N N E S O T A 42 6 0 C O U N T Y R O A D 6 MAIN LEVEL PLAN JULY 17, 2018 4900 HIGHWAY 169 SUITE 303 NEW HOPE MN. 55428 A2.1 ISSUE GO S S E N R E S I D E N C E REVISIONS SHEET # AD D I T I O N A N D R E M O D E L I N G f o r t h e : OR O N O , M I N N E S O T A 42 6 0 C O U N T Y R O A D 6 SOUTH ELEVATION WEST ELEVATION EAST ELEVATIONNORTH ELEVATION JULY 17, 2018 4900 HIGHWAY 169 SUITE 303 NEW HOPE MN. 55428 A3.1 ISSUE GO S S E N R E S I D E N C E REVISIONS SHEET # AD D I T I O N A N D R E M O D E L I N G f o r t h e : OR O N O , M I N N E S O T A 42 6 0 C O U N T Y R O A D 6 BUILDING SECTION WINDOW/DOOR TRIM BRACKET DETAIL JULY 17, 2018 4900 HIGHWAY 169 SUITE 303 NEW HOPE MN. 55428 A1.1 ISSUE GO S S E N R E S I D E N C E REVISIONS SHEET # AD D I T I O N A N D R E M O D E L I N G f o r t h e : OR O N O , M I N N E S O T A 42 6 0 C O U N T Y R O A D 6 JULY 17, 2018 LOWER LEVEL PLAN 4900 HIGHWAY 169 SUITE 303 NEW HOPE MN. 55428 A1.2 ISSUE GO S S E N R E S I D E N C E REVISIONS SHEET # AD D I T I O N A N D R E M O D E L I N G f o r t h e : OR O N O , M I N N E S O T A 42 6 0 C O U N T Y R O A D 6 MAIN LEVEL PLAN JULY 17, 2018 4900 HIGHWAY 169 SUITE 303 NEW HOPE MN. 55428 A2.1 ISSUE GO S S E N R E S I D E N C E REVISIONS SHEET # AD D I T I O N A N D R E M O D E L I N G f o r t h e : OR O N O , M I N N E S O T A 42 6 0 C O U N T Y R O A D 6 SOUTH ELEVATION WEST ELEVATION EAST ELEVATIONNORTH ELEVATION JULY 17, 2018 4900 HIGHWAY 169 SUITE 303 NEW HOPE MN. 55428 A3.1 ISSUE GO S S E N R E S I D E N C E REVISIONS SHEET # AD D I T I O N A N D R E M O D E L I N G f o r t h e : OR O N O , M I N N E S O T A 42 6 0 C O U N T Y R O A D 6 BUILDING SECTION WINDOW/DOOR TRIM BRACKET DETAIL JULY 17, 2018 4900 HIGHWAY 169 SUITE 303 NEW HOPE MN. 55428 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, October 15, 2018 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 Bob Erickson, Kevin Landgraver, Bruce Lemke, Dennis Libby, Chad Olson, and Jon Ressler. Representing Staff were Community Development Director Jeremy Barnhart, City Planners Melanie Curtis and Laura Oakden, and Recorder Jackie Young. Mayor Dennis Walsh was present. Chair Thiesse called the meeting to order at 6:30 p.m., followed by the Pledge of Allegiance. 2. LA18-000081 BRIAN HAAS ON BEHALF OF JEFFERY GOSSEN, 4260 SIXTH AVENUE NORTH, VARIANCES, 6:31 P.M. – 6:38 P.M. Jeffrey Gossen, Applicant; and Justin Hultman, Contractor, were present. Oakden stated the applicant is requesting east and west side yard setback variances to allow for a home addition to the existing structure. The detached garage west of the existing home is proposed to be removed from the site. The applicant proposes an attached garage in its place. The current detached garage sits roughly 38 feet from the west side property line. The new home addition and attached garage is proposed to sit 37 feet from the west side of the property. The applicant is also proposing a covered deck off the rear of the home. The deck addition is shown to encroach in the east side yard setback. The current home sits 32 feet from the east side property line. The covered deck addition is proposed to sit 42 feet from the east side property line. The property is nonconforming in width and size. Staff finds there are practical difficulties inherent to the property due to the nonconforming lot being less than half the required width. This creates a challenging building envelope in the RR-1A zoning district. Pertaining to the east side proposed encroachment, the applicant is not asking to be closer than the principal structure in this side yard. The addition will be in the rear of the home that will not alter the current side yard. The Planning Commission should discuss the proposed practical difficulties. If the Commission agrees with the findings, Staff would recommend a motion recommending approval for the proposed variances. Oakden displayed an aerial photograph of the area showing the detached garage, the existing house, and the neighboring properties. The Planning Commission had no questions for Staff. Jeff Gossen, Applicant, stated he is here to answer questions. Thiesse asked how deep the new garage will be. Justin Hultman, Contractor, indicated the garage will be 28 feet in depth. Thiesse asked if there will be stairs on the end. MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, October 15, 2018 6:30 o’clock p.m. _____________________________________________________________________________________ Hultman stated there will be stairs on the inside. Chair Thiesse opened the public hearing at 6:36 p.m. There were no public comments regarding this application. Chair Thiesse closed the public hearing at 6:36 p.m. Thiesse asked if anyone has any concerns with the proposal. Landgraver commented this is a bad lot and the applicants are trying to make the best out of a bad situation. Landgraver moved, Olson seconded, to recommend Approval of Application LA18-000081, Brian Haas on behalf of Jeffery Gossen, 4260 Sixth Avenue, granting of east and west side yard setback variances. VOTE: Ayes 7, Nays 0. Date Application Received: 9/13/2018 Date Application Considered as Complete: 10/2/2018 60-Day Review Period Expires: 11/30/2018 To: Chair Thiesse and Planning Commission Members Dustin Rief, City Administrator From: Laura Oakden, Planner Date: October 15, 2018 Subject: LA18-000081, Brain Haas o/b/o Jeffery Gossen, 4260 Sixth Ave N, Variance, Public Hearing Background The applicants are requesting side yard setback variances to allow for a home addition to the existing structure. The detached garage west of the existing home is proposed to move to the north. The applicant proposes an attached garage in its place. The current detached garage sits roughly 38 feet from the west side property line. The new home addition and attached garage is proposed to sit 37 feet from the west side of the property. The applicant is also proposed a covered deck off on the rear of the home. The deck addition is shown to encroach in the east side yard. The current home sits 32 feet from the east side property line. The covered deck addition is proposed to sit 42 feet from the east side property line. LOT ANALYSIS WORKSHEET Section 78-395 - Setbacks: DISTRICT RR-1B Required Existing Proposed Front 100’ 213’ 213’ Rear 100’ 357’ 341’ Side (west) 50’ 63.4’ 37’ Side (east) 50’ 32’ 32’ Wetland 25’ Roughly 65’ Roughly 65’ Section 78-395 - Lot Area/Width: DISTRICT RR-1A Lot Area Lot Width Required 217,800 s.f. (5 acres) 300’ Actual Roughly 80,600 s.f. (1.85acre) 140’ Section 78-1403- Structural Coverage: This parcel is over 2 acres and does not have any structural coverage limits. Section 78-1700 -Hardcover Calculations: Application Summary: The applicant is requesting east and west side yard setback variances. Staff Recommendation: Planning Department Staff recommends for the planning commission to review the proposed practical difficulties. If the commission agrees with the findings staff would recommend a motion for approval. LA18-000081 October 15, 2018 Page 2 of 4 This parcel is not located in the Stormwater Overlay District. Applicable Regulations: Variance (78-395) Side Yard Setback The applicant is requesting a 38 foot west side yard setback and a 42 foot east side yard setback where 50 feet is required. Governing Regulation: Variance (Section 78-123) In reviewing applications for variance, the Planning Commission shall consider the effect of the proposed variance upon the health, safety and welfare of the community, existing and anticipated traffic conditions, light and air, danger of fire, risk to the public safety, and the effect on values of property in the surrounding area. The Planning Commission shall consider recommending approval for variances from the literal provisions of the Zoning Code in instances where their strict enforcement would cause practical difficulties because of circumstances unique to the individual property under consideration, and shall recommend approval only when it is demonstrated that such actions will be in keeping with the spirit and intent of the Orono Zoning Code. Economic considerations alone do not constitute practical difficulties. Practical difficulties also include but are not limited to inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth-sheltered construction as defined in Minn. Stat. § 216C.06, subd. 2, when in harmony with this chapter. The board or the council may not permit as a variance any use that is not permitted under this chapter for property in the zone where the affected person's land is located. The board or council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling. According to MN §462.537 Subd. 6(2) variances shall only be permitted when: 1. The variance is in harmony with the general intent and purpose of the Ordinance. The applicant is proposed to remodel and construct an addition to the existing single family home on a residential lot, which is consistent with the intent of the ordinance. 2. The variance is consistent with the comprehensive plan. The variances resulting in a permit for a new single family residence in a residential zone are consistent with the Comprehensive Plan. 3. The applicant establishes that there are practical difficulties. a. The property owner proposes to use the property in a reasonable manner not permitted by the official controls; The applicant is proposing to use the property in a reasonable manner with the construction on a single family home. There is limited space to construct a conforming structure on the site due to the lots nonconforming size and width. b. There are circumstances unique to the property not created by the landowner; The plight of the property owner is due to the existing substandard lot size and shape and c. The variance will not alter the essential character of the locality. . The character of the neighborhood is not likely to be significantly altered from replacement of the residence which is consistent in character and size with the surrounding homes. Additionally City Code 78-123 provides additional parameters within which a variance may be granted as follows: 4. Economic considerations alone do not constitute practical difficulties. Economic considerations have not been a factor in the variance approval determination. LA18-000081 October 15, 2018 Page 3 of 4 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, subd. 2, when in harmony with Orono City Code Chapter 78. This condition 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 78 for property in the zone where the affected person's land is located. This condition is not applicable, as the use for a single family home is an allowed use in the RR-1A District. 7. The board or council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling. This condition is not applicable. 8. The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property. The size of the lot with in the RR-1A zoning district is unique for the requested setback variances. 9. The conditions do not apply generally to other land or structures in the district in which the land is located. The size of the lot and its locations as it pertains to the existing zoning district is peculiar to the property. The lot is non-conforming as to width, the RR-1A zone requires 300 feet. The lot at 140 wide offers a 40’ wide buildable envelope. 10. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. Staff finds this statement to be true to allow for construction of an addition to a single family home on this parcel. 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 of the requested variances would not impair health, safety, comfort or morals and would be in keeping with the intent of the zoning 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 application has stated the narrow lot has setback challenges for constructing additions to an existing single family home. 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 Our building office will conduct a septic review before a building permit can be issued. The septic was complaint as up February 2017. Practical Difficulties Statement Applicant has completed the Practical Difficulties Documentation Form attached as Exhibit B, and should be asked for additional testimony regarding the application. Practical Difficulties, Conditional Use Permit, Site Plan Analysis Staff finds there are practical difficulties inherent to the property due to the nonconforming lot being less than half the required width. This creates a challenging building envelope in the RR-1A district. Pertaining to the east side proposed encroachment, the applicant is not asking to be closer than principle structure in this side yard. The addition will be in the rear of the home that will not alter the current side yard. LA18-000081 October 15, 2018 Page 4 of 4 Public Comments To date, no public comments have been received. Issues for Consideration 1. Does the Planning Commission find that the variance(s), if granted, will not alter the essential character of the neighborhood? 2. Are there any other issues or concerns with this application? Planning Staff Recommendation The Planning Commission should discuss the proposed practical difficulties. If the commission agrees with the findings staff would recommend a MOTION to recommend approval for the proposed variances. List of Exhibits Exhibit A. Application Exhibit B. Practical Difficulties Documentation Form Exhibit C. Proposed Survey and Setbacks Exhibit D. Proposed Plans and Elevations Exhibit E. Property Images Exhibit F. Property Owners List and Map Exhibit G. Property Owner Comments Exhibit H. Neighbor Signatures AGENDA ITEM Prepared By: LLO Reviewed By: JBarnhart Approved By: DJR 1. Purpose. The applicant is asking to reconstruct a 2 foot tall retaining wall in a new location within the drainage and utility easement. 2. Background/ Summary. Per City Code, 78-1405 (5.1) Retaining walls may be located in all required yard when they are at least 10 feet from the edge of a roadway, the structure creates no impacts to drainage direction, rate or volume for adjacent properties and it cannot exceed 2 feet in height. If the structure is in a D/U easement an Encroachment Agreement approved by the City Council is granted, The property currently has a retaining wall in the side yard setback and as part of the new home permit are looking to move the location of the retaining wall to create a walkway/access from the street yard to the lake yard. The proposed project meets all of the requirements for the proposed 2 foot retaining wall and are requesting the council to approve the drafted encroachment agreement. 3. Public Comment. This is not a public hearing and no public comments were received. 4. Staff Recommendation. Staff recommends approval. COUNCIL ACTION REQUESTED Motion to accept the drafted encroachment agreement. Exhibits A. Draft Encroachment Agreement B. Survey and Landscape Plan C. City Code 78-1405 (5.1) Item No.: 12 Date: November 13, 2018 Item Description: RPS18-000058 – Gordon James Construction Inc., 2895 Casco Point Road, Encroachment Agreement Presenter: Laura Oakden Planner Agenda Section: Consent Agenda Error! Unknown document property name. 1 (reserved for recording) ENCROACHMENT AGREEMENT AGREEMENT made this _______ day of _____________, 2____, by and between the CITY OF ORONO, a Minnesota municipal corporation (“City”), and Gregg Smith and Melanie Anderson (“Owners”). 1. BACKGROUND. Owners are the fee owner of certain real property located within the City of Orono, Hennepin County, State of Minnesota, legally described as follows: Parcel 1: (per Certificate of Title No. 1450186) The Southeast 20 feet of Lot 11 O; and Lot 99 and the Southeasterly 1 /2 of Lot 100, including all land between the Northeast line of Lake Shore Avenue and Lake Minnetonka and bounded on the Southeast by the Southeast line of said Lot 99, extended to Lake Minnetonka and bounded on the Northwest by the Northwesterly line of said Southeasterly 1 /2 of Lot 100 extended to Lake Minnetonka and including the vacated portion of Lake Shore Avenue lying adjacent to said premises, Spring Pork. Torrens Property. Parcel 2: The Southeasterly 90 feet of Hennepin County, Minnesota. Abstract Property. Lot 110, Spring Pork, EXCEPT the Southeasterly 20 feet thereof Error! Unknown document property name. 2 with a street address of 2895 Casco Point Road, Orono, Minnesota (“Subject Property”). The City owns easements for drainage and utility purposes over portions of the Subject Property. Owners want to construct a two foot retaining wall on the Subject Property which encroaches on the City’s drainage and utility easement areas (the “Improvement(s)”) as depicted on the sketch attached hereto as Exhibit “A”. 2. ENCROACHMENT AUTHORIZATION. The City hereby approves the encroachment in the City’s easement areas on the Subject Property for the Improvement subject to the conditions set forth in this Agreement. Further conditions of encroachment approval are: • The City shall have no responsibility to maintain or repair the Improvement located within the City’s easement areas. • The Improvement located on the Subject Property must not impact or increase water drainage on the abutting properties or cause any adverse drainage patterns or erosion to the abutting properties. • The Owners are fully responsible and liable for any and all damage caused to the Improvement because of the Improvement being constructed in the City’s easement areas. • The owner of the Subject Property will own and maintain the Improvement. Further, Owners agree that the Improvement shall be constructed consistent with all applicable federal, state and local laws and regulations. 3. HOLD HARMLESS AND INDEMNITY. In consideration of being allowed to encroach in the City’s easement areas, Owners, for themselves, their heirs and assigns, hereby agree to indemnify and hold the City harmless from any damage caused to the Subject Property, including the Improvement in the City’s easement areas, caused in whole or in part by the encroachment into the City's easement areas. 4. TERMINATION OF AGREEMENT. The City may terminate this Agreement at any time if it is reasonably necessary for the City to occupy the easement areas for drainage or utility purposes and the Improvement is inconsistent with the City’ s use of the easement areas. Prior to termination, the City will give the then owner of the Subject Property thirty (30) days Error! Unknown document property name. 3 advance written notice, except that no notice period will be required in the case of an emergency condition as determined solely by the City and this Agreement may then be terminated immediately. The property owner shall remove that portion of the Improvement to the extent it impacts the easement areas to the effective date of the termination of this Agreement. If the owner fails to do so, the City may remove the Improvement to the extent it impacts the easement areas and charge the cost of removal back to the owner for reimbursement. 5. RECORDING. This Agreement shall run with the land and shall be recorded against the title to the Subject Property. IN WITNESS WHEREOF, this Agreement was executed by the parties the day and year first above written. CITY OF ORONO: By: ______________________________________ (SEAL) ________________________, Mayor And ______________________________________ ______________________, City Clerk STATE OF MINNESOTA ) ( ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this _____ day of ______________, 2___, by ____________________________ and by ____________________________, respectively, the Mayor and City Clerk of the City of Orono, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. ________________________________________ Notary Public PROPERTY OWNER(S): Error! Unknown document property name. 4 _____________________________________ _____________________________________ STATE OF MINNESOTA ) ( ss. COUNTY OF ____________ ) The foregoing instrument was acknowledged before me this _____ day of ______________, 2____, by _________________________________________________________, husband and wife / a single person. ________________________________________ Notary Public DRAFTED BY: CAMPBELL KNUTSON Professional Association Grand Oak Office Center I 860 Blue Gentian Road, #290 Telephone: (651) 452-5000 SMM INIT IAL DE S I GN D A T E REVISION D A T E S C O P YRIGHT S MH3 DE SIG N GR O U P LLC Authorization Signature: ______________________________________________ ©2018 MH3 Design Group, LLC. DATE CLIENT SHEET # 11435 47th Avenue N Plymouth, MN 55442 PRO J E C T CONSULT | CREATE | CONSTRUCT Do not copy or allow these plans to be copied without an authorization signature from a MH3 Design Group LLC., representative. These plans, drawings, overall forms, composition of spaces, elements of design, and/or general concepts contain condential, proprietary and trade secret information that are exclusive copyrighted property of MH3 Design Group LLC., protected by the United States Copyright Law and all rights are reserved. Any unauthorized use, reproduction, installation, and/or installation of concepts presented within this plan are strictly prohibited without the authorization signature of MH3 Design Group LLC., representative. Companies or person(s) found to be in violation of this copyright will be subject to legal proceedings to recover all damages and compensations. Oce: (763) 400-3944 Direct: (651) 503-6585 MH3DesignGroup.com Mark@MH3DesignGroup.com MH3 Design Group LLC AN D E R S O N - S M I T H P R O J E C T 28 9 5 C A S C O P O I N T R O A D OR O N O , M N 5 5 3 9 1 SEPT. 26, 2018 NOV. 6, 2018 ANDERSON-SMITH OCT. 8, 2018 OCT. 9, 2018 NOV. 6, 2018 Sec. 78-1405. - Nonencroachments. (a) The following shall not be considered to be encroachments on yard setback requirements: (5.1) Retaining walls, planters and similar structures, subject to the following provisions: a. Retaining walls, planters and similar structures may be located in all required yards when all of the following conditions are met: 1. The structure is located at least ten feet from the edge of the traveled roadway; 2. The structure is not located within a drainage, utility, or other easement, except upon approval in writing for an encroachment agreement by the city; or similar approval from another regulatory and/or utility agency; 3. The structure creates no impacts to drainage direction, rate or volume for adjacent properties. 4. The structure is two feet in height or less above existing grade. b. Retaining walls, planters and similar structures exceeding two feet in height above existing ground level or which are located less than five feet from a side property line, shall require a permit and upon recommendation of the building official may require city council review or a conditional use permit per the provisions of section 78-967. c. Retaining walls, planters and similar structures exceeding the allowed height of a fence shall be located so as to meet the required accessory structure setbacks established for that yard. AGENDA ITEM Prepared By: Reviewed By: Approved By: DJR 1. Purpose. The purpose of this item is to gain council approval of the plan the construction of an ice rink at Crystal Bay Park and any initial guidance on further improvements of the same in the 2019 construction season. 2. Background. At the October 22nd Council Work Session the City Council provided guidance for the installation of an ice rink at Crystal Bay Park. Council intent was for an ice rink to be installed in time for the 2018-19 winter season. The Council also indicated a desire to see additional improvements made to the rink for the following winter to include lighting. Due to the time constraints with completing an ice rink before the winter freeze, staff initiated elements of the plan that fall below the staff approval threshold. The Park Commission reviewed the plan at their November 5th Park Commission meeting. The Commission did endorse the provision of an ice rink at the park but expressed concern about not being consulted on the project and not having time to fully develop a comprehensive plan. 3. Project Scope. Establish and municipal outdoor ice rink at Crystal Bay Park. 2018- Prepare site, install ice rink kit, flood and maintain the ice. 2019- Improve Ice rink site, establish on site water source, and provide lighting. Site layout is at Exhibit A. 4. Cost. The cost for the necessary improvements to establish and maintain a rink for the 2018/19 season is $10,528. The estimated cost to make addition improvements in 2019 and procure the necessary maintenance equipment brings the project to approximate $35,258. A cost breakdown is at Exhibit B. 5. Funding. The project and equipment will be funded from the Parks Fund and the maintenance of the ice rinks form the Parks Operating Budget. 6. Other Impacts. Based on the guidance Staff adjusted the Parks CIP to reflect projects at Crystal Bay Park and Casco Point Ice Rink for 2019 for ice rink improvements and the addition of an ice surfacing piece of equipment to maintain the ice sheets. 7. Staff Recommendation. I recommend the Council approve the proposed improvements identified for 2018 and then direct Staff and the Parks Commission to develop a plan for City ice rinks to include improvements at the existing rinks. COUNCIL ACTION REQUESTED 1. Motion to approve the establishment of an Ice rink at Crystal Bay Park for the 2018/19 season. 2. Motion to direct Staff and the Parks Commission to develop a plan for city ice rink to include improvements at the existing rinks. Exhibits A. Site Layout B. Cost Estimate Item No.: 13 Date: November 13, 2018 Item Description: Crystal Bay Park Ice Rink Presenter: Adam T. Edwards, P.E. Dir, Public Works/City Engineer Agenda Section: Public Works and Engineering Exhibit A: Site Layout Lights Existing well Head Post Office Exhibit B: Cost Estimate #Decorations Units Quantitiy Unit Cost Total Cost Location/ Purpose 1 44x88 Ice rink Kit (Boards, Liner, brackets, ea 1 4,500.00$ $4,500 Ice rink kit for ice rink. In order to estalish ring for 2018/19 2 Site Preperation ea 1 1,655.00$ $1,655 Site Grading 3 Water delivered by Fire Department gal 14481 0.03$ $362 For flooding 4 PW Labor and equipent cost (1x maintenace worker + tractor) hr 62 64.70$ $4,011 Establishement and weekly maintneac of rink through out winter $10,528 5 Reestablish well ea 1 5,000.00$ $5,000 For resurfacing 6 Electical instalation (GFI Circuit, Conduit, Wetherproff box, recepticals, timer Labor) ea 1 2,000.00$ $2,000 Power for well and lighing and future chiller. 7 Posts for lights, heavy duty 15' aluminum ea 6 625.00$ $3,750 Post for flood lighting and Sting Lighting. 8 Area/ Flood Lights, LED ea 6 200.00$ $1,200 Rink Lighting 9 Foundations for Light posts, Concrete ea 6 200.00$ $1,200 Rink Lighting 10 Sting Lights, Edison Bulbs 24ft ea 13 60.00$ $780 Decorative sting lighting between poles 11 Walkway for walkign to rink in skates ea 1 200.00$ $200 concrete path between bench and rink coveredin rubber in winter. 12 Bench ea 1 600 $600 13 Ice Resurfacer ea 1 10,000.00$ $10,000 Tractor mounted small ice resurfacing tool Total $35,258 2018 Subtotoal 20 1 8 20 1 9 AGENDA ITEM Prepared By: Reviewed By: Approved By: DJR 1. Purpose. The purpose of this memorandum is to solicit Council direction for City Holiday Decorations. 2. Background. At the October 22nd Council Work Session the City Council provided guidance for the provision of additional holiday decorations. Currently holiday decorations include the 32 holiday Cascade snowflakes on the Navarre light poles. For the Navarre Area Council expressed an interest in establishing more color and providing some large ground mounted ornaments. At city hall the Council expressed an interest in decorating some of the trees with lights. Further the council expressed an interest in having a tree lighting ceremony at the Orono Golf course including decorating the clubhouse with lights and one of the large pine trees near the parking lot with lights. 3. Scope. Based on the guidance staff developed the plan at Exhibit A. Due to lead times and availability staff is proposing a phased approach with those items available in time being installed in 2018 and the remainder to be procured for installation in 2019. a. Community Decorations. Includes the procurement of light poles wreaths and garlands for alternating light poles in Navarre and Wayzata Blvd. Ground mounted ornaments for the welcome to Navarre signs and decoration of select trees outside of City Hall. b. Holiday Tree Lighting Ceremony. The City will sponsor a holiday tree lighting ceremony at the Orono Golf Course. Work includes contracting the lighting of one large tree at the parking lot of the golf course and procurement and installation of lights on the clubhouse. In addition the electrical infrastructure at the golf course will be updated to support outdoor electrical outlets. An informal committee has been established to organize the event. 4. Cost. The combined 2018 costs are estimated are $10,495 and for 2019 are $7,935. a. Community Decorations. The cost for the improvements for the 2018/19 season is $10,095. The estimated cost to make addition improvements in 2019 and procure the necessary maintenance equipment brings the project to approximate $17,010. b. Holiday Tree Lighting Ceremony. The estimated cost for the event for the 2018 is $5,175. The estimated cost to repeat the event in 2019 and beyond is $2760 / yr. These cost are based on the assumption that the majority of the expenses for the event are donated by community groups and businesses. 5. Funding. Both the decorations and the event are unbudgeted expenses in the Special Projects and Contingencies budget. The funding line currently has a balance of $0. 6. Staff Recommendation. I recommend the Council authorize items identified in the attached plan for 2018 and direct staff to adjust the 2019 general fund budget to account for these items and events in the future. COUNCIL ACTION REQUESTED Motion to authorize the procurement of holiday decorations and expenses associated with the holiday lighting ceremony. Further move that staff adjust the 2019 general fund budget to account for these items and events in the future. Item No.: 14 Date: November 13, 2018 Item Description: Holiday Decorations Presenter: Adam T. Edwards, P.E. Dir, Public Works/City Engineer Agenda Section: Public Works and Engineering Exhibits A. Plan Cost Estimate Exhibit A: Plan and Costs 2018 Community Decorations #Decorations Units Quantitiy Unit Cost Total Cost Location/ Purpose 3 Lights (25 ft)ea 10 40$ $400 For City Tall Trees (3) 4 Garlands, 14ft ea 10 115$ $1,150 For light poles 5 Wreaths (every other light pole) 36in diameter ea 10 352$ $3,520 For every other light pole 6 Misc Supplies ( Zip ties, Timers, Extension Cords) Blk 1 250$ $250 Miscelaneous supplies to facilitate the instalation of the lights and decorations. $0 2018 Total 5,320$ 2019 Community Decorations 10 Electical instalation (GFI Circuit, Conduit, Wetherproof box, recepticals, timer Labor) ea 1 2,000.00$ $2,000 For Welcome to Navare signs to facilitate giant ornaments and or lights 11 Garlands, 14ft ea 30 115.00$ $3,450 For light poles 12 Wreaths (every other light pole) 36in diameter ea 10 352.00$ $3,520 For every other light pole 13 Giant Ornament, 3ft Ball ea 4 695.00$ $2,780 One for each welcome ot Navarre Signs 2019 Total 11,750$ Decoration Total 17,070$ 2018 Holiday Lighting Event 1 Contractor installed rental lights for Golf course Tre ea 1 1,575$ 1,575$ Decorate Golf course Tree 2 Electical instalation (GFI Circuit, Conduit, Wetherproof box, recepticals, timer Labor) ea 1 2,000$ $2,000 For Golf Course Tree and external lights 3 Mini Lights (25 ft)ea 40 40$ $1,600 For clubhouse 4 Misc Decorations for clubhouse ea 1 500$ 500.00$ 5 Refreshments ea 1 500$ $500 Misc Refreshemnts and disposable items 6 clubhouse Staff Support hr 3 20$ 60.00$ one attendant for 3 hours 2018 Total 5,175$ 2019 Holiday Lighting Event 1 Contractor installed rental lights for Golf course Tre ea 1 2,200$ 2,200$ Decorate Golf course Tree 2 Refreshments ea 1 500$ $500 Misc Refreshemnts and disposable items 3 clubhouse Staff Support hr 3 20$ 60.00$ one attendant for 3 hours 2019 Total 2,760$ Event Total 7,935$ 2018 Totals 10,495$ 2019 Totals 7,935$ Grand Total 18,430$ Post Office AGENDA ITEM Prepared By: mcc Reviewed By: J Barnhart Approved By: DJR 1.Purpose. This application is regarding proposed changes for Accessory Building and Structure setbacks. The changes proposed are primarily overall organization of the regulations in the Code, and some adjustments to the setbacks. 2.Background/ Summary. Currently there are many specific rules for accessory structures and buildings based on their size; the zoning district, lakeshore lot versus non-lakeshore lot; and in some cases, the size of the lot; and where on the property it is located. These regulations (and the exceptions) have evolved over time, to the point where they have become difficult to understand and require extensive ‘flowcharting’ to drill down to the applicable regulation. Most homeowners are not experts on code regulation and may have difficulty understanding the regulations on their own. Further, the terms structure and building, though defined differently, are used interchangeably within the regulations. The Planning Commission has been working on this amendment since June. Staff has prepared a draft ordinance based feedback for consideration and discussion. The code has been reorganized so that a user can find the majority of the information regarding principal building, accessory buildings, and accessory structure setbacks within the specific zoning district sections. Additional modifications were made in the Accessory Buildings and Structures, and Nonencroachment sections. Summary of Changes: Correction and clarification between terms: “building” and “structure” (Reference: Draft Ordinance Section 1). Reorganization of all setback information into each zoning district section. (Reference: Draft Ordinance Sections 2 through 9). Clarification of the terms (Reference: throughout): a.AS = Accessory Structure, anything which is built, constructed, erected, etc… b.AB = Accessory Building (a structure with a roof) less than 1000 square feet c. OAB = Oversized Accessory Building a structure with a roof exceeding 1000 square feet Revised required setbacks for accessory buildings versus accessory structures (Reference: Draft Ordinance Sections 2 through 9). Removal of one level of accessory building size-based setback tiers. Reduced to two different setbacks from three (Reference: Draft Ordinance Sections 2 through 9). Removal of the definition of “private recreational facilities” (Reference: Draft Ordinance Section 1). Language clean up in the nonencroachments section (Reference: Draft Ordinance Section 22). Allowance for accessory buildings to follow the nonconforming lot width flexibility for side setbacks, and expanded the flexibility to other zones… (Reference: Draft Ordinance Sections 2 through 9). Allowance for accessory buildings streetward of principal buildings, only in RR-1A & RR-1B districts, with certain aesthetic conditions (Reference: Draft Ordinance Section 32). Item No.: 15 Date: November 13, 2018 Item Description: LA18-000057 - Text Amendment: Accessory Buildings & Structures Setbacks - Ordinance & Summary Ordinance Presenter: Melanie Curtis Planner Agenda Section: Planning Department Report AGENDA ITEM Prepared By: mcc Reviewed By: J Barnhart Approved By: DJR Expansion of the accessory building footprint limit based on acreage – both building size and total building footprint (Reference: Draft Ordinance Section 27). 3. Planning Commission Vote and Comment. In June, the Planning Commission opened a discussion and the public hearing for this text amendment. It was discussed and the public hearing was continued at each of the subsequent Planning Commission meetings. At the October meeting the Commission reviewed and discussed the draft ordinance provided by Staff. The Planning Commission voted 7 to 0 on a motion to approved the proposed ordinance 4. Public Comment. No comments from the public were received during the public hearings. COUNCIL ACTION REQUESTED. Council should review the draft Ordinance and provide feedback. Staff plans to place the final Ordinance on the December agenda for approval. Exhibits Exhibit A. Draft Ordinance References PC Staff Reports and Exhibits from the following meetings: • June 18, 2018 • July 16, 2018 • August 20, 2018 • September 17, 2018 • October 15, 2018 ORDINANCE NO. _____, THIRD SERIES CITY OF ORONO HENNEPIN COUNTY, MINNESOTA AN ORDINANCE AMENDING THE CODE OF ORDINANCES PERTAINING TO ACCESSORY STRUCTURES AND BUILDNGS THE CITY COUNCIL OF ORONO ORDAINS: SECTION 1. Section 78-1 Definitions shall be amended by adding and deleting text to read as follows: Sec. 78-1. - Definitions. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning. Unless specifically defined in this section, the words and phrases used in this chapter shall have the meanings given to them in chapter 82. Accessory use, building, or structure means a use, building, or structure subordinate to and serving the principal use or structure building on the same lot and customarily incidental to the principal use or structure building. Garage, private, means a detached accessory building or portion of the principal building, including a carport, which is used primarily for storing passenger vehicles, and trailers or one truck of a rated capacity of not more than 1.5 tons. Private recreational facilities means detached structures or equipment, whether stationary or mobile, such as swimming pools, tennis courts and sport courts, hockey rinks, hot tubs and spas, recreational fire rings, patios, barbecue pits and outdoor kitchens, playhouses and play structures, swing sets, trampolines, skateboard ramps, basketball hoops, batting cages, etc. used generally for recreation purposes for the convenience and use of the residents of the property and their guests. SECTION 2. Section 78-229. - Accessory uses shall be amended to read as follows: Within any R-1A one-family residential district, the only permitted accessory uses and structures are the following: (4) Private recreational facilities subject to the pertinent accessory structure location and height requirements of this chapter. This section purposely left blank. SECTION 3. Section 78-230 -Area, height, lot width, and yard requirements shall be amended by adding and deleting text to read as follows: Sec. 78-230. – R-1A District. Area, height, lot width, setback, and yard requirements. (a) Height. No structure of building in the R-1A district shall exceed 30 feet in height except as provided in section 78-1633. (b) Lots. The following minimum requirements shall be observed: Dimensional Requirements Lot Area (Minimum) 1.0 acre Lot Width (Minimum) 140 feet Height Maximum 30 feet defined height; accessory buildings may not exceed height of principal building Setbacks: Street/ Front (feet) Interior Side (feet) Side Street (feet) Rear (feet) OHWL (feet) Wetland (feet) Principal Building 35 10 35 30 na 25 or MCWD buffer Accessory Building (AB) <1,000 sf 35 10 35 10 na 25 or MCWD buffer Oversize Accessory Building >1,000 sf (OAB) 35 10 35 30 na 25 or MCWD buffer Accessory Structures (AS) 17.5 10 17.5 10 na 25 or MCWD buffer (b) Exception: The interior side yard setback for the principal building, and accessory buildings less than 1,000 square feet, for lots that are non-conforming as to their width, shall be the lessor of ten feet or equal to ten percent of the lot width as defined. However, in no case shall the side yard setback be less than 7.5 feet. (c) Side Yards adjacent to unimproved rights-of-way. In any residential district, the setback for side yards adjacent to unimproved rights-of-way shall be the same as the applicable interior side yard setback. Unimproved in this section shall be interpreted to mean not improved or maintained by the city or county for vehicular travel. (d) Adjacent lots. In any R district, where the average depth of at least two existing front yards for buildings within 150 feet of the lot in question and within the same block front is less or greater than the minimum front yard depth required for the district, the required front yard shall not be less than the average depth of such existing front yards; however, the depth of a front yard shall not be less than ten feet nor be required to exceed 50 feet. SECTION 4. Section 78-254. - Accessory uses shall be amended to read as follows: Within any R-1B one-family residential district, the only permitted accessory uses and structures are the following: (4) Private recreational facilities subject to the pertinent accessory structure location and height requirements of this chapter. This section purposely left blank. SECTION 5. Section 78-255. – Area, height, lot width, and yard requirements shall be amended by adding and deleting text to read as follows: Sec. 78-255. – R-1B District. Area, height, lot width, setback, and yard requirements. (a) Height. No structure of building in the R-1B district shall exceed 30 feet in height except as provided in section 78-1633. (b) Lots. The following minimum requirements shall be observed: Dimensional Requirements Lot Area (Minimum) 0.5 acre Lot Width (Minimum) 100 feet Height Maximum 30 feet defined height; accessory buildings may not exceed height of principal building Setbacks: Street/ Front (feet) Interior Side (feet) Side Street (feet) Rear (feet) OHWL (feet) Wetland (feet) Principal Building 30 10 15 30 na 25 or MCWD buffer Accessory Building (AB) <1,000 sf 30 10 15 10 na 25 or MCWD buffer Oversize Accessory Building >1,000 sf (OAB) 30 10 15 30 na 25 or MCWD buffer Accessory Structures (AS) 15 10 7.5 10 na 25 or MCWD buffer (b) Exception: The interior side yard setback for the principal building, and accessory buildings less than 1,000 square feet, for lots that are non-conforming as to their width, shall be the lessor of ten feet or equal to ten percent of the lot width as defined. However, in no case shall the side yard setback be less than 7.5 feet. (c) Side Yards adjacent to unimproved rights-of-way. In any residential district, the setback for side yards adjacent to unimproved rights-of-way shall be the same as the applicable interior side yard setback. Unimproved in this section shall be interpreted to mean not improved or maintained by the city or county for vehicular travel. (d) Adjacent lots. In any R district, where the average depth of at least two existing front yards for buildings within 150 feet of the lot in question and within the same block front is less or greater than the minimum front yard depth required for the district, the required front yard shall not be less than the average depth of such existing front yards; however, the depth of a front yard shall not be less than ten feet nor be required to exceed 50 feet. SECTION 6. Section 78-304. - Accessory uses shall be amended to read as follows: Within any LR-1A one-family lakeshore residential district, the only permitted accessory uses and structures are the following: (4) Private recreational facilities subject to the pertinent accessory structure location and height requirements of this chapter. This section purposely left blank. SECTION 7. Section 78-305. –Area, height, lot width, and yard requirements shall be amended by adding and deleting text to read as follows: Sec. 78-305. – LR-1A District. Area, height, lot width, setbacks, and yard requirements. (a) Height. No structure of building in the LR-1A district shall exceed 30 feet in height except as provided in section 78-1633. (b) Lots. The following minimum requirements shall be observed: Dimensional Requirements Lot Area (Minimum) 2.0 acre Lot Width (Minimum) 200 feet Height Maximum 30 feet defined height; accessory buildings may not exceed height of principal building Setbacks: Street/ Front (feet) Interior Side (feet) Side Street (feet) Rear/ Street (feet) OHWL* (feet) Wetland (feet) Principal Building 50 30 30 50 75/100/ 150 + ALS 25 or MCWD buffer Accessory Building <1,000 sf 50 15 30 15 75/100/ 150 + ALS 25 or MCWD buffer Oversize Accessory Building >1,000 sf (OAB) 50 30 30 50 75/100/ 150 + ALS 25 or MCWD buffer Accessory Structures (AS) 25 15 15 15 75/100/ 150 + ALS 25 or MCWD buffer *OHWL setback is determined by the classification of the lake as defined in Section 78-1217 and the applied minimum setback from the OHWL as outlined in Section 78-1279. (c b) Exception: Within the LR-1A zoning district, the interior side yard setback for the principal building, and accessory buildings less than 1,000 square feet, side yard setback for lots that are non-conforming as to their width, shall be the lessor of 30 feet or equal to ten percent of the lot width as defined. However, in no case shall the side yard setback be less than ten feet. (c) Side Yards adjacent to unimproved rights-of-way. In any residential district, the setback for side yards adjacent to unimproved rights-of-way shall be the same as the applicable interior side yard setback. Unimproved in this section shall be interpreted to mean not improved or maintained by the city or county for vehicular travel. (d) Adjacent lots. In any R district, where the average depth of at least two existing front yards for buildings within 150 feet of the lot in question and within the same block front is less or greater than the minimum front yard depth required for the district, the required front yard shall not be less than the average depth of such existing front yards; however, the depth of a front yard shall not be less than ten feet nor be required to exceed 50 feet. SECTION 8. Section 78-329. - Accessory uses shall be amended to read as follows: Within any LR-1B one-family lakeshore residential district, the only permitted accessory uses and structures are the following: (4) Private recreational facilities subject to the pertinent accessory structure location and height requirements of this chapter. This section purposely left blank. SECTION 9. Section 78-330. – Area, height, lot width, and yard requirements shall be amended by adding and deleting text to read as follows: Sec. 78-330. – LR-1B District. Area, height, lot width, setback, and yard requirements. (a) Height. No structure of building in the LR-1B district shall exceed 30 feet in height except as provided in section 78-1633. (b) Lots. The following minimum requirements shall be observed: Dimensional Requirements Lot Area (Minimum) 1.0 acre Lot Width (Minimum) 140 feet Height Maximum 30 feet defined height; accessory buildings may not exceed height of principal building Setbacks: Street/ Front (feet) Interior Side (feet) Side Street (feet) Rear/ Street (feet) OHWL* (feet) Wetland (feet) Principal Building 35 10 20 30 75/100/ 150 + ALS 25 or MCWD buffer Accessory Building <1,000 sf 35 10 20 10 75/100/ 150 + ALS 25 or MCWD buffer Oversize Accessory Building >1,000 sf (OAB) 35 10 20 30 75/100/ 150 + ALS 25 or MCWD buffer Accessory Structures (AS) 17.5 10 10 10 75/100/ 150 + ALS 25 or MCWD buffer *OHWL setback is determined by the classification of the lake as defined in Section 78-1217 and the applied minimum setback from the OHWL as outlined in Section 78-1279. (c b) Exception: Within the LR-1B zoning district, the interior side yard setback for the principal building, and accessory buildings less than 1,000 square feet, side yard setback for lots that are non-conforming as to their width, shall be the lessor of ten feet or equal to ten percent of the lot width as defined. However, in no case shall the side yard setback be less than 7.5 feet. (c) Side Yards adjacent to unimproved rights-of-way. In any residential district, the setback for side yards adjacent to unimproved rights-of-way shall be the same as the applicable interior side yard setback. Unimproved in this section shall be interpreted to mean not improved or maintained by the city or county for vehicular travel. (d) Adjacent lots. In any R district, where the average depth of at least two existing front yards for buildings within 150 feet of the lot in question and within the same block front is less or greater than the minimum front yard depth required for the district, the required front yard shall not be less than the average depth of such existing front yards; however, the depth of a front yard shall not be less than ten feet nor be required to exceed 50 feet. SECTION 10. Section 78-349. - Accessory uses shall be amended to read as follows: Within any LR-1C one-family lakeshore residential district, the only permitted accessory uses and structures are the following: (4) Private recreational facilities subject to the pertinent accessory structure location and height requirements of this chapter. This section purposely left blank. SECTION 11. Section 78-350. Area, height, lot width, and yard requirements shall be amended by adding and deleting text to read as follows: Sec. 78-350. – LR-1C District. Area, height, lot width, setback, and yard requirements. (a) Height. No structure of building in the LR-1C district shall exceed 30 feet in height except as provided in section 78-1633. (b) Lots. The following minimum requirements shall be observed: Dimensional Requirements Lot Area (Minimum) 0.5 acre Lot Width (Minimum) 100 feet Height Maximum 30 feet defined height; accessory buildings may not exceed height of principal building Setbacks: Street/ Front (feet) Interior Side (feet) Side Street (feet) Rear/ Street (feet) OHWL* (feet) Wetland (feet) Principal Structure 30 10 15 30 75/100/ 150 + ALS 25 or MCWD buffer Accessory Building (AB) <1,000 sf 30 10 15 10 75/100/ 150 + ALS 25 or MCWD buffer Oversize Accessory Building >1,000 sf (OAB) 30 10 15 30 75/100/ 150 + ALS 25 or MCWD buffer Accessory Structures (AS) 15 10 15 10 75/100/ 150 + ALS 25 or MCWD buffer *OHWL setback is determined by the classification of the lake as defined in Section 78-1217 and the applied minimum setback from the OHWL as outlined in Section 78-1279. (c b) Exception: Within the LR-1C zoning district, the interior side yard setback for the principal building, and accessory buildings less than 1,000 square feet, side yard setback for lots that are non-conforming as to their width, shall be the lessor of ten feet or equal to ten percent of the lot width as defined. However, in no case shall the side yard setback be less than 7.5 feet. (c) Side Yards adjacent to unimproved rights-of-way. In any residential district, the setback for side yards adjacent to unimproved rights-of-way shall be the same as the applicable interior side yard setback. Unimproved in this section shall be interpreted to mean not improved or maintained by the city or county for vehicular travel. (d) Adjacent lots. In any R district, where the average depth of at least two existing front yards for buildings within 150 feet of the lot in question and within the same block front is less or greater than the minimum front yard depth required for the district, the required front yard shall not be less than the average depth of such existing front yards; however, the depth of a front yard shall not be less than ten feet nor be required to exceed 50 feet. SECTION 12. Section 78-368. - Accessory uses shall be amended to read as follows: Within any LR-1C-1 one-family lakeshore residential district, the only permitted accessory uses and structures are the following: (4) Private recreational facilities subject to the pertinent accessory structure location and height requirements of this chapter. This section purposely left blank. SECTION 13. Section 78-370. – Area, height, lot width, and yard requirements shall be amended by adding and deleting text to read as follows: Sec. 78-370. – LR-1C-1 District. Area, height, lot width, setback, and yard requirements. (a) Height. No structure of building in the LR-1C-1 district shall exceed 30 feet in height except as provided in section 78-1633. (b) Lots. The following minimum requirements shall be observed: Dimensional Requirements Lot Area (Minimum) 0.5 acre Lot Width (Minimum) 100 feet Height Maximum 30 feet defined height; accessory buildings may not exceed height of principal building Setbacks: Street/ Front (feet) Interior Side (feet) Side Street (feet) Rear/ Street (feet) OHWL* (feet) Wetland (feet) Principal Building 30 10 15 30 75/100/ 150 + ALS 25 or MCWD buffer Accessory Building (AB) <1,000 sf 30 10 15 10 75/100/ 150 + ALS 25 or MCWD buffer Oversize Accessory Building >1,000 sf (OAB) 30 10 15 30 75/100/ 150 + ALS 25 or MCWD buffer Accessory Structures (AS) 15 10 15 10 75/100/ 150 + ALS 25 or MCWD buffer *OHWL setback is determined by the classification of the lake as defined in Section 78-1217 and the applied minimum setback from the OHWL as outlined in Section 78-1279. (b) Exception: the interior side yard setback for the principal building, and accessory buildings less than 1,000 square feet, for lots that are non-conforming as to their width, shall be the lessor of ten feet or equal to ten percent of the lot width as defined. However, in no case shall the side yard setback be less than 7.5 feet. (c) Side Yards adjacent to unimproved rights-of-way. In any residential district, the setback for side yards adjacent to unimproved rights-of-way shall be the same as the applicable interior side yard setback. Unimproved in this section shall be interpreted to mean not improved or maintained by the city or county for vehicular travel. (d) Adjacent lots. In any R district, where the average depth of at least two existing front yards for buildings within 150 feet of the lot in question and within the same block front is less or greater than the minimum front yard depth required for the district, the required front yard shall not be less than the average depth of such existing front yards; however, the depth of a front yard shall not be less than ten feet nor be required to exceed 50 feet. SECTION 14. Section 78-394. - Accessory uses shall be amended to read as follows: Within any RR-1A one-family rural residential district, the only permitted accessory uses and structures are the following: (4) Private recreational facilities subject to the pertinent accessory structure location and height requirements of this chapter. This section purposely left blank. SECTION 15. Section 78-395. – Area, height, lot width, and yard requirements shall be amended by adding and deleting text to read as follows: Sec. 78-395. – RR-1A District. Area, height, lot width, setback, and yard requirements. (a) Height. No structure of building in the RR-1A district shall exceed 30 feet in height except as provided in section 78-1633. (b) Lots. The following minimum requirements shall be observed: Dimensional Requirements Lot Area (Minimum) 5.0 acre Lot Width (Minimum) 300 feet Height Maximum 30 feet defined height; accessory buildings may not exceed height of principal building Setbacks: Street/ Front (feet) Interior Side (feet) Side Street (feet) Rear/ Street (feet) OHWL* (feet) Wetland (feet) Principal Building 100 50 100 100 75/100/ 150 + ALS 25 or MCWD buffer Accessory Building (AB) <1,000 sf 100 20 100 20 75/100/ 150 + ALS 25 or MCWD buffer Oversize Accessory Building >1,000 sf (OAB) 100 50 100 100 75/100/ 150 + ALS 25 or MCWD buffer Accessory Structures (AS) 50 20 50 20 75/100/ 150 + ALS 25 or MCWD buffer *OHWL setback is determined by the classification of the lake as defined in Section 78-1217 and the applied minimum setback from the OHWL as outlined in Section 78-1279. (b) Side Yards adjacent to unimproved rights-of-way. In any residential district, the setback for side yards adjacent to unimproved rights-of-way shall be the same as the applicable interior side yard setback. Unimproved in this section shall be interpreted to mean not improved or maintained by the city or county for vehicular travel. (c) Adjacent lots. In any R district, where the average depth of at least two existing front yards for buildings within 150 feet of the lot in question and within the same block front is less or greater than the minimum front yard depth required for the district, the required front yard shall not be less than the average depth of such existing front yards; however, the depth of a front yard shall not be less than ten feet nor be required to exceed 50 feet. SECTION 16. Section 78-419. - Accessory uses shall be amended to read as follows: Within any RR-1B one-family rural residential district, the only permitted accessory uses and structures are the following: (4) Private recreational facilities subject to the pertinent accessory structure location and height requirements of this chapter. This section purposely left blank. SECTION 17. Section 78-420. – Area, height, lot width, and yard requirements shall be amended by adding and deleting text to read as follows: Sec. 78-420. – RR-1B District. Area, height, lot width, setback, and yard requirements. (a) Height. No structure of building in the RR-1B district shall exceed 30 feet in height except as provided in section 78-1633. (b) Lots. The following minimum requirements shall be observed: Dimensional Requirements Lot Area (Minimum) 2.0 acre Lot Width (Minimum) 200 feet Height Maximum 30 feet defined height; accessory buildings may not exceed height of principal building Setbacks: Street/ Front (feet) Interior Side (feet) Side Street (feet) Rear/ Street (feet) OHWL* (feet) Wetland (feet) Principal Building 50 30 30 50 75/100/ 150 + ALS 25 or MCWD buffer Accessory Building (AB) <1,000 sf 50 15 30 15 75/100/ 150 + ALS 25 or MCWD buffer Oversize Accessory Building >1,000 sf (OAB) 50 30 30 50 75/100/ 150 + ALS 25 or MCWD buffer Accessory Structures (AS) 25 15 15 15 75/100/ 150 + ALS 25 or MCWD buffer *OHWL setback is determined by the classification of the lake as defined in Section 78-1217 and the applied minimum setback from the OHWL as outlined in Section 78-1279. (c b) Exception: Within the RR-1B zoning district, the interior side yard setback for the principal building, and accessory buildings less than 1,000 square feet, side yard setback for lots that are non-conforming as to their width, shall be the lessor of 30 feet or equal to ten percent of the lot width as defined. However, in no case shall the side yard setback be less than 10 feet. (c) Side Yards adjacent to unimproved rights-of-way. In any residential district, the setback for side yards adjacent to unimproved rights-of-way shall be the same as the applicable interior side yard setback. Unimproved in this section shall be interpreted to mean not improved or maintained by the city or county for vehicular travel. (d) Adjacent lots. In any R district, where the average depth of at least two existing front yards for buildings within 150 feet of the lot in question and within the same block front is less or greater than the minimum front yard depth required for the district, the required front yard shall not be less than the average depth of such existing front yards; however, the depth of a front yard shall not be less than ten feet nor be required to exceed 50 feet. SECTION 18. Section 78-570. - Yard and setback requirements shall be amended by adding and deleting text to read as follows: Sec. 78-570. – RS District. Yard and setback requirements. Within any RS seasonal recreational district, the following yard and setback requirements shall be observed for all new buildings and structures and for any addition or alteration to any existing building or structure, whether temporary, seasonal or permanent: (1) Minimum setback from lakeshore, all buildings and structures, including decks, fences, retaining walls, wells, on-site sewage treatment systems and land alteration of any kind, 75 feet. (2) Minimum setback from wetlands shall be: a. Wells and sewage treatment systems, 75 feet. b. All buildings and structures, land alteration or hard cover of any kind, shall meet the setback requirements established within article XI of chapter 78 of this Code (the wetlands protection element of the Zoning Code). (3) Minimum setback from platted street rights-of-way, all buildings and structures, 30 feet. (4) Minimum setback from internal side or rear property line shall be: a. All buildings and structures on lots 200 feet or more in width, 50 feet. b. All buildings and structures on existing record lots 100 feet or more in width but less than 200 feet in width, 30 feet. c. All buildings and structures on existing record lots less than 100 feet in width, ten feet. (5) Minimum setback any building to any other, ten feet. SECTION 19. Section 78-1279. - Placement of structures on lots shall be amended by adding and deleting text as follows: Sec. 78-1279. - Placement of buildings and structures on lots. When more than one setback applies to a site, buildings, structures, and facilities must be located to meet all setbacks. Buildings and sStructures shall be located as follows: (1) Building, sStructure, and on-site sewerage system setbacks (in feet) from ordinary high water level: Setbacks Sewage Public Water Building/Structure Treatment Classification Unsewered Sewered System NE 150 150 150 RD 100 75 75 GD 75 75 75 Tributary 100 75 75 (2) Additional building and structure setbacks. The following additional structure setbacks apply, regardless of the classification of the water body: Setback from: Setback (in feet) Top of bluff 30 Unplatted cemetery 50 Right-of-way line of federal, state or county highway and local public and private roads 30* * Except for detached garages accessory buildings on lakeshore lots as regulated in this chapter section 78-1435 and except for buildings and structures subject to less restrictive side yard adjacent to street setbacks as regulated in the various zoning districts. (3) Bluff impact zones. Buildings, sStructures and accessory facilities, except stairways, landings and lock boxes, must not be placed within bluff impact zones. (4) Uses without water-oriented needs. Uses without water-oriented needs must be located on lots or parcels without public waters frontage, or, if located on lots or parcels with public waters frontage, must either be set back double the normal ordinary high water level setback or be substantially screened from view from the water by vegetation or topography, assuming summer, leaf-on conditions. (5) Fences, docks, retaining walls. No fence shall be placed within the shore setback zone. Portions of dock located landward of the OHWL shall be considered as a landing, subject to the regulations for landings per section 78-1282. Retaining walls shall not be placed within the shore setback zone. (6) Average lakeshore setback. No principal or accessory structure building shall be located closer to the lakeshore than the average distance from the shoreline of existing residence buildings on adjacent lots; except that this does not apply to patios and other accessory structures less than 42 inches above existing grade, stairways, lifts, landings, lockboxes, flagpoles and pump houses. Further, the average lakeshore setback shall apply only to classified lakes and shall not apply to tributaries. The average lakeshore setback line shall be a straight line connecting the most lakeward protrusions of the residence buildings on the immediately adjacent lakeshore lots. a. In situations where improvement is proposed on a lot adjacent to a vacant lot or right-of-way, the average lake shore setback shall be equivalent to the setback of the most lakeward protrusion of the residence building on the immediately adjacent improved lakeshore lot. SECTION 20. Section 78-1403. - Lot coverage and massing standards shall be amended by adding and deleting text to read as follows: Sec. 78-1403. - Lot coverage and massing standards. In all zoning districts other than the I—Industrial district, all lots that have a gross acreage of less than two acres shall comply with the following massing standards for structures buildings: (a) Maximum total footprints allowed. (1) On lots equal to or greater than 10,000 square feet in area, the total combined footprints of all principal and accessory structures buildings shall not exceed 20 percent of the gross lot area. (2) On lots of less than 10,000 square feet in area, the total combined footprints of all principal and accessory structuresbuildings shall not exceed 2,000 square feet. (b) Calculation of massing. The following All buildings shall be included in the calculation of the total combined footprints by structures: buildings. (1) All roofed structures where the highest point of the roof is more than six feet above existing ground level. SECTION 21. Section 78-1404. – Tennis courts, sport courts, pools, paddocks, arenas shall be adding and deleting the text as follows: Sec. 78-1404.- Tennis courts, sport courts, pools, paddocks, arenas. This section purposely left blank. Tennis courts, sport courts, pools and paddocks or arenas, when such accessory structures exceed 1,000 square feet footprint area, shall be subject to the following special setback restrictions: (1) Front, 30 feet minimum and not within the required front yard nor between the front lot line and the principal structure on the property. (2) Side, 30 feet minimum and not within the required side yard area. (3) Rear, 30 feet minimum and not within the required rear yard area. SECTION 22. Section 78-1405. - Nonencroachments shall be amended by adding and deleting text to read as follows: Sec. 78-1405. - Nonencroachments. (a) The following shall not be considered to be encroachments on yard setback requirements: (1) Chimneys, flues, belt courses, leaders, sills, pilasters, lintels, ornamental features, cornices, eaves, gutters, and similar building elements, provided they do not extend more than two feet into a required yard. (2) Nameplate signs for one-family dwellings subject to the provisions of article X, division 4 of this chapter; lights for illuminating parking areas, loading areas or yards for safety and security purposes, provided the direct source of light is not visible from the public right-of-way or adjacent residential property and is located at least five feet from the front lot line; public utility poles and overhead lines; mailboxes. (3) Terraces, sSteps, sidewalks, uncovered porches, stoops or similar structures which do not extend above the height of the ground floor level of the principal building and extend to a distance of not less than two feet from any lot line. Window wells including those for fire egress which do not extend more than five feet from the building. Sidewalks, driveways and parking areas when constructed, located and used in compliance with other provisions contained within chapter 78. Driveways and parking areas may extend to within five feet of a side lot line. (4) Bays, cantilevers, and fire escapes. In side or rear yards only, the following encroachments are permitted: a. bBays and/or cantilevers which are not part of the defined building footprint, may extend up to not to exceed a depth of two feet into the required side or rear yard, provided the nor to contain an aggregate area of the bays and/or cantilevers is not more than 20 square feet,; and b. fFire escapes not to exceeding a width of three feet and a depth of four feet,. and open off-street parking. (5) dDriveways and parking areas when constructed, located and used in compliance with other provisions contained within chapter 78. Driveways and parking areas may extend to within five feet of a side lot line. In rear yards only, balconies, breezeways, detached outdoor picnic shelters, laundry drying equipment, and recreational equipment except as otherwise regulated; no accessory structure shall be closer than five feet from a rear lot line. (5.16) Retaining walls, planters and similar structures, subject to the following provisions: a. Retaining walls, planters and similar structures may be located in all required yards when all of the following conditions are met: 1. The structure is located at least ten feet from the edge of the traveled roadway; 2. The structure is not located within a drainage, utility, or other easement, except upon approval in writing for an encroachment agreement by the city; or similar approval from another regulatory and/or utility agency; 3. The structure creates no impacts to drainage direction, rate or volume for adjacent properties. 4. The structure is two feet in height or less above existing grade. b. Retaining walls, planters and similar structures exceeding two feet in height above existing ground level or which are located less than five feet from a side property line, shall require a permit and upon recommendation of the building official may require city council review or a conditional use permit per the provisions of section 78-967. c. Retaining walls, planters and similar structures exceeding the allowed height of a fence shall be located so as to meet the required accessory structure setbacks established for that yard. (67) Window wells including those for fire egress which do not extend more than five feet from the building, and no closer than two feet to the property line. In side yards only, no accessory structure shall be closer than ten feet from any side lot line. (78) Air conditioning or heating equipment may be located within a required yard but shall be located within five feet of the building it serves; shall not be located within an existing or required drainage and/or utility easement; and shall be located at least five feet from any lot line. (89) Fences erected in all zoning districts are considered as a nonencroachment when they conform to the standards listed below. For the purposes of this section, the following definitions shall apply: Permanent fence. A fence that is installed in a fixed or enduring manner that is not intended for a seasonal or temporary purpose. Temporary fence. A fence that is not permanently secured or anchored to the ground by posts or affixed footings, and is installed and removed on a limited term or seasonal basis such as: snow fences, garden fences, seasonal recreational fences such as hockey boards; fences installed for safety or access management purposes for special events; and fences installed for the duration of a construction project such as silt fences, erosion control bioretention logs, and septic drainfield site protection fences. Fence height. The measurement from the top of any part of the fence, including posts or other structural supports, lattice, ornate top design elements, and so forth measured to the existing ground level below the fence, as measured perpendicular to the slope (see Drawing). Exception: Post finials extending above the top of the fence shall not be deemed as part of the fence for height determination purposes as long as they do not exceed ten inches in width per finial and do not extend above the top of the fence by more than ten percent of the allowed maximum fence height at that location. Drawing: Fence Height Measurement on Sloped Site a. Nonlakeshore lots. 1. Fences and walls within a required front yard or side street yard shall not exceed a height of 42 inches above existing ground level . 2. Fences and walls within a required rear or side yard shall not exceed a height of six feet above existing ground level. b. Lakeshore lots. 1. Fences within the required street (rear) yard or side street yard of a lakeshore lot shall not exceed 42 inches above existing ground level. Exception: A fence not exceeding six feet in height may be located along the street lot line of a lake frontage lot which abuts a major thoroughfare. A major thoroughfare for purposes of this section means any county road or state highway. If such fence involves fill or berming, the total combined height of both fence and fill shall not exceed six feet above the height of the crown of the major thoroughfare. 2. Fences within the required side yard of a lakeshore lot shall not exceed six feet in height, and shall not exceed 42 inches in height for any portion located lakeward of a line drawn between the most lakeward projection of the fence owner's principal residence structure and the most lakeward projection of the principal residence structure on the adjacent property abutting the side yard in which the fence is located. 3. Fences shall not be constructed within the defined lakeshore yard of a lakeshore lot, i.e., shall not be located within 75 feet of the shoreline for general development lakes, 100 feet for recreational lakes, or 150 feet for natural environment lakes. 4. When the building site of a lakeshore lot is separated from the lakeshore by a public or private road, the following definitions will apply for fence location purposes subject to the provisions of section 78-1405(a)(8)a.2: When the yard on the opposite side of the building site from the lake does not abut a street, such yard shall be considered as a standard rear yard. The yard between the building site and the street shall be considered as a standard front yard. c. Special provisions. Split rail fences of no more than three rails within a required front, street or side street yard may have a maximum top rail height of 48 inches above existing ground level. Board rail fences within a front, street or side street yard for the specific purpose of enclosing permitted domestic animals may have a top rail height of 60 inches and shall be no more than 50 percent opaque. d. Intersection sightline obstruction prohibited. No fence shall be installed so as to obstruct a required clear view at street intersections as required by section 78-1371. e. Fence construction and maintenance. 1. The owner of a fence shall maintain it in a condition of reasonable repair and appearance and shall not allow it to become or remain in disrepair or in a dangerous condition. 2. Fences shall be installed with the finished side facing neighboring properties or the street. The term "finished side" means that side having no structural supports. 3. Fencing materials shall consist of permanent all weather products. 4. Temporary fencing shall not be allowed to remain on the property following final inspection, or issuance of a certificate of occupancy for a permitted construction project, or protection of property during a similar project or winter conditions. Winter conditions shall be defined as October 15 through March 31 of the following year. Temporary fencing associated with a special event shall be removed within seven days of the end of such event. Temporary fencing materials shall not be allowed to remain on a permanent basis on a parcel. 5. Existing fences that are legal nonconforming as to location, height, design or other characteristics may be replaced in kind. (910) Entrance monuments, defined for the purpose of this section as a nearly permanent physical structure or object, natural or artificial, used to depict an entrance to the property, erected in all residential zoning districts are considered nonencroachments when they conform with the following standards: a. Each monument, with a maximum of two per approved driveway access, shall be limited to a single pillar with a footprint measuring no larger than 25 square feet and no length to exceed five feet; b. The monument must be setback a minimum of five feet from all property boundaries and never fewer than ten feet from the edge of the paved, traveled roadway; c. Plans and/or elevation views of the proposed monuments are required to be submitted for approval by the planning director; d. All signage proposed for the monuments must comply with Article X, Division 4 section 78-1467; e. The monuments are limited to eight feet in height including any appurtenances. Any monument exceeding the maximum height must meet principal structure setback requirements; f. When more than one monument is proposed, and serving two or fewer residences, a minimum horizontal width of 16 feet is required between them; g. When more than one monument is proposed, and serving three or more residences, a minimum horizontal width of 22 feet is required between them; h. Lighting is allowed, in conformance with section 78-1573 and at the discretion of the planning director. i. A building permit is required for installation and the property corners must be located for inspection purposes. (101) Gates, when proposed, must meet the following requirements: a. The gate must open into the property not outward towards the right-of-way, and b. Gates serving two or fewer residences shall have a minimum horizontal width of 14 feet in the full open position, and c. Gates serving three or more residences shall have a minimum horizontal width of 20 feet in the full open position, and d. For all properties, gate height may not exceed the height of the monument, measured from grade, unless principal structure setbacks are met (if monuments are not proposed then gate height shall be regulated in accordance with the fence height regulations of section 78-1405(8), and e. For locked and/or secured gates a knox box, meeting the standards set forth by the police and fire department, must be provided for emergency access, and f. On major thoroughfares the monuments and gates must be located 40 feet from the paved, traveled road to allow for vehicle stacking. A major thoroughfare for the purposes of this section means any county road or state highway. (b) The following shall not be considered to be encroachments on structure height requirements: (1) Parapet walls that extend no more than three feet above the height of the building. (2) HVAC cooling towers. (3) Elevator penthouses. SECTION 23. Section 78-1406. - Additional yard provisions shall be amended by adding and deleting text to read as follows: Sec. 78-1406. - Additional yard provisions. Required yards in the districts specified shall be subject to the following additional requirements: (1) Through lots. Through lots in any district shall have a required front yard on each street. (2) B and I districts: adjacent lots. In the B and I districts, where the average depth of at least two existing front yards for buildings within 150 feet of the lot in question are less or greater than the minimum front yard depth required for the district, required front yards shall not be less than the average depth of such existing front yards; however, the depth of a front yard shall not be less than five feet nor be required to exceed 50 feet. (3) R districts: adjacent lots. In any R district, where the average depth of at least two existing front yards for buildings within 150 feet of the lot in question and within the same block front is less or greater than the minimum front yard depth required for the district, the required front yard shall not be less than the average depth of such existing front yards; however, the depth of a front yard shall not be less than ten feet nor be required to exceed 50 feet. (4) R districts: Side Yards adjacent to unimproved rights-of-way. In any residential district, the setback for side yards adjacent to unimproved rights-of-way shall be the same as the applicable interior side yard setback. Unimproved in this section shall be interpreted to mean not improved or maintained by the city or county for vehicular travel. SECTION 24. Section 78-1431. - Accessory buildings and structures on through lots shall be amended by adding and deleting text to read as follows: Sec. 78-1431. - Accessory buildings and structures on through lots. All accessory buildings and structures on through lots located in R districts shall meet the following requirements: (1) The building or structure shall meet the principal building setbacks that are established under sections 78-230, 78-255, 78-305, 78-330, 78-350, 78-370, 78-395, 78-420, 78- 444. (2) No negative impacts to adjacent neighbors or public right-of-way result in the placement of the building or structure, determined at the discretion of the City Administrator planning director. Should the City Administrator planning director determine that item (2) above cannot be met an accessory structure or building may be permitted by conditional use permit if the planning commission determines no negative impacts result in the placement of the building or structure. The planning commission may apply reasonable conditions as part of the approval. SECTION 25. Section 78-1432. - Time of construction shall be amended by adding and deleting text to read as follows: Sec. 78-1432. - Time of construction. No accessory building or structure shall be constructed on any lot prior to the time of construction of the principal building to which it is accessory. At the time of demolition of the principal building, all nonconforming accessory structures must be removed. Accessory structures, which comply with this title, are allowed to remain contingent on a signed agreement stating the following: (1) Applicants agree to obtain a building permit for construction of the replacement residence within 60 days of demolition; to begin construction on the new residence within 120 days of demolition; and to complete all exterior work within one year of building permit issuance and interior work within two years of building permit issuance. (2) In the event that any activity described in item (1) has not been accomplished within the defined timeframe, the applicants shall remove the accessory structures at the applicants' expense, or the applicants shall apply for an extension of this agreement. (3) If one of the item (1) events occurs and the applicants fail to perform their removal obligations per item (2), the applicants hereby agree as follows: a. The city may enter upon the property and remove the accessory building(s). b. The city may assess the costs of removal to the property. (4) The agreement shall be binding upon current and future owners of the property, and shall be filed within the chain of title of the property. (5) Fee owner(s) of the property, if not the applicants, consent to the execution of the agreement and to its terms, as shown by his/her/their signature(s) upon the document. (6) Applicants shall indemnify and hold harmless the city, the city council, and the agents and employees of the city from and against all claims, damages, losses or expenses, including attorney fees, which the city, city council and agents and employees of the city may suffer or for which it may be held liable, arising out of or resulting from the assertion against them of any claims, debts or obligations in consequence of the performance of the terms of this agreement. SECTION 26. Section 78-1433. - Height Restrictions shall be amended by adding and deleting text as follows: Sec. 78-1433. - Height restrictions. This section purposely left blank No accessory building or structure in an R district shall exceed the height of the principal building, nor shall an accessory building or structure exceed 30 feet in height. SECTION 27. Section 78-1434. - Area restrictions shall be amended by adding and deleting text to read as follows: Sec. 78-1434. – Area Building Size Rrestrictions. In all R districts nNo accessory building shall exceed 1,000 square feet of footprint area; except that accessory structures buildings in excess of 1,000 square feet will be allowed under the following conditions: (1) Not more than one oversized accessory structure building (OASOAB) shall be permitted on any property. An oversized accessory structure OAB is defined as an accessory structurebuilding of footprint area in excess of 1,000 square feet. (2) An OAB is regulated by the following table: Lot Area (acres) Maximum Individual OAB Accessory Maximum Allowed Total of All Accessory Structure Footprint Area (square feet) Structure Building Footprint Areas* on a Property (square feet) 0—1.99 1,000 2,000 2.00—3.00 1,200 2,400 3.01—3.50 1,400 2,800 3.51—4.00 1,600 3,200 4.01—4.50 1,800 3,600 4.51—5.00 2,000 4,000 5.01—6.00 2,200 4,400 6.01—7.00 2,400 4,800 7.01—8.00 2,600 5,200 8.01—9.00 2,800 5,600 9.01 or more- - 10.00 3,000 6,000 10.01 – 11.00 3,200 6,400 11.01 – 12.00 3,400 6,800 12.01 – 13.00 3,600 7,000 13.01 – 14.00 3,800 8,000 14.01 or more 4,000 8,000 *Excluding nonroofed tennis courts, sport courts, pools, paddocks, arenas. (3) Any oversized accessory structure OAB shall be subject to the following conditions: a. No such accessory structure shall be located within an required yard area (pPrincipal structure building setbacks must be met). Further, no such structure OAB shall be nearer the front lot line than the front line of the principal residence building on the property, and no such accessory structure shall be located less than 30 feet from the side or rear lot line regardless whether less strict principal structure setbacks apply. b. The maximum height for such accessory structure building shall be 30 feet or the defined height of the principal residence structure building on the property, whichever is less. c. Such structure An OAB shall be allowed only when the property owner agrees and covenants in writing with the city as follows: 1. No future subdivision will be approved that places the OAB within a lot that has no principal structure building, except that the city in its subdivision approval may grant a finite time period in which the oversized accessory structure OAB may remain without a principal structure building, in order that a principal building may be constructed. At the end of this time period, the oversized accessory structure OAB must be removed if no principal structure building has been constructed. 2. If the property is subdivided, the oversized accessory structure OAB and principal structure building will be located together within a lot that meets the minimum lot area requirement for the given size of the oversized accessory structure OAB. 3. In subdivision approval, the setback required for the oversized accessory structure OAB shall remain. Such covenant shall be binding on current and future property owners and shall be filed in the chain of title of the property. SECTION 28. Section 78-1435. – Location shall be amended by adding and deleting text to read as follows: Sec. 78-1435. –Location Garages on lake lots. Accessory buildings on lake lots with garage doors facing a street shall meet the applicable principal structure setbacks for the district; Section 78-1681 Driveways, in general shall apply. Except as may be specifically provided, no detached garage or other accessory building shall be located nearer to the front or street lot line than the principal building on that lot. Detached garages or other accessory buildings on lots which have frontage on a lake may be located between the rear yards of such lots and the principal building only if setback requirements of section 78-305(b), section 78-330(b) and section 78-350(b) are met. Exception: Detached garages on lots that have frontage on a lake may be located ten feet from the street or rear lot line when doors face away from the street and an adequate vehicle turnaround is provided on the site. This section shall not apply to lakeshore lots that are divided by streets or private roads or are corner lots. SECTION 29. Section 78-1436. - Setbacks shall be amended by adding and deleting text to read as follows: Sec. 78-1436. - Setbacks. This section purposely left blank. Accessory structures in excess of 750 square feet footprint area but not exceeding 1,000 square feet footprint area shall be located at least 15 feet from any lot line. SECTION 30. Section 78-1437. - Plumbing shall be amended by adding and deleting text to read as follows: 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 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. SECTION 31. Section 78-1439. - Garages shall be amended by adding and deleting text to read as follows: Sec. 78-1439. - Garages. This section purposely left blank. Accessory buildings which are for the storage of automobiles shall have the doors 30 feet or more from the property line when the doors face on a public alley or street. SECTION 32. Section 78-1440. – Exterior materials shall be amended by adding and deleting text to read as follows: Sec. 78-1440. - Exterior materials. (a) Aan accessory building and the principal building shall be consistent in design and color. Except for accessory buildings that are less than 120 square feet in area or are located on lots two acres in area or larger. Detached garages located within the rear yard on lots that have frontage on a lake shall have windows or other ornamental features on the wall facing a street or private road. (b) Within RR-1A and RR-1B districts, an accessory building may be located streetward of the principal building provided the following conditions are met: a. Principal building setbacks shall be met; and b. The accessory building shall be consistent in design, color and exterior material with the principal building. EFFECTIVE DATE: This ordinance shall take effect immediately upon its passage and publication. ADOPTED this _____ day of _____, 2018 on a vote of __ ayes and __ nays by the City Council of Orono, Minnesota. ATTEST: ______________________________ _____________________________ Anna Carlson, City Clerk Dennis Walsh, Mayor Ordinance published in The Laker and The Pioneer newspapers the week of ________, 2018.