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HomeMy WebLinkAbout09-10-2018 Council PacketAgenda for Council Meeting Set for Monday, September 10, 2018, 7:00 P.M. Orono Council Chambers, 2780 Kelley Parkway, Orono, MN 55356 952-249-4600 / www.ci.orono.mn.us The public is invited to address the council regarding any item on the regular agenda. If your topic is not on the agenda, you may speak during the Public Comments section. Roll Call Pledge of Allegiance Approval of Agenda Consent Agenda 1. Council Meeting Minutes of August 27, 2018 2. Council Work Session Minutes of August 27, 2018 3. Claims/Bills 4. Approval of One Day Temporary Liquor License for On -Sale Liquor — 8 To A Lamp Charity Benefit — Otten Brothers Nursery 5. Approval to Remove LMCD Orono Representative 6. Request to Hire Part — Time Police Officer 7. Approval to Dispose of Bicycles 8. Approval to Dispose of Forfeited Vehicle 9. Sanitary Sewer Pump Replacements 10. LAI 8-000067 — Kevan Nitzberg, 1212 Briar Street, Variances — Resolution 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 Hearing 11. Orono Oaks Private Road Maintenance 12. LAI 8-000069 — Gordon James Construction o/b/o Jason Pitts, 225 Old Crystal Bay Road S, Conditional Use Permit (grading) Public Hearing — Resolution Planning Department's Report (Planning Commission Representative — Bob Erickson) 13. LA 18-000059 — City of Orono Text Amendment, Sign Ordinance Mayor/Council Report City Administrator's Report City Attorney's Report Adjournment Sign up for email notifications at www.ci.orono.mn.us — follow links for Stay Connected & Email Notification Agenda for Council Meeting Set for Monday, September 10, 2018, 7:00 P.M. Orono Council Chambers, 2780 Kelley Parkway, Orono, MN 55356 952-249-4600 / www.ci.orono.mn.us Upcoming Events 2018 09-17-18 Planning Commission Meeting, 6:30 p.m. (Wendy Dankey) 09-24-18 City Council Work Session, Monday, 5:00 p.m. 09-24-18 City Council Meeting, Monday, 7:00 p.m. 10-08-18 City Council Meeting, Monday, 7:00 p.m. 10-15-18 Planning Commission Meeting, Monday, 6:30 p.m. (Dennis Walsh) 10-22-18 City Council Work Session, Monday, 5:00 p.m. 10-22-18 City Council Meeting, Monday, 7:00 p.m. 11-05-18 Park Commission Meeting, Monday, 6:30 p.m. 11-06-18 General Election Day 11-12-18 Official Holiday - City Offices Closed 11-13-18 City Council Meeting, Monday, 7:00 p.m. 11-19-18 Planning Commission Meeting, Monday, 6:30 p.m. 11-22-18 Official Holiday - City Offices Closed 11-23-18 Official Holiday - City Offices Closed 11-26-18 City Council Work Session, Monday 5:00 p.m. 11-26-18 City Council Meeting, Monday, 7:00 p.m. Sign up for email notifications at www.ci.orono.mn.us — follow links for Stay Connected & Email Notification MINUTES OF THE CITY COUNCIL MEETING Monday, August 27, 2018 7:00 o'clock p.m. 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, Wendy Dankey, Aaron Printup, and Victoria Seals. Representing Staff were City Administrator Dustin Rief, Finance Director Ron Olson, Community Development Director Jeremy Barnhart, Public Works Director/City Engineer Adam Edwards, City Attorney Soren Mattick, 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 AUGUST 13, 2018 2. CLAIMSBILLS 3. ANNUAL PARK GUN CLUB PERMIT 4. APPROVAL OF RENTAL LICENSE 5. APPROVAL TO ACCEPT DONATION 6. APPROVAL TO HIRE 2018 SEASONAL EMPLOYEE 7. PHOTO COPIER LEASE 8. LA18-000034 — APEX HOLDINGS, LLC (SANJEEV MANAGALICK), 2635 KELLEY PARKWAY, FINAL PLAT, FINAL MASTER DEVELOPMENT PLAN, AND REZONING — RESOLUTION NO. 9. LA18-000066 — FRANZEL ADDITION FINAL PLAT — RESOLUTION NO. 9A. APPROVAL OF UTILITY AND DRIVEWAY ACCESS AND MAINTENANCE AGREEMENT 9B. ACCEPT FIVE PERCENT SALARY INCREASE FOR ORONO POLICE CHIEF 10. APPROVAL TO PURCHASE REPLACEMENT HOSE DUE TO HOSE FAILURES Crosby moved, Seals seconded, to approve the Consent Agenda as revised, with the addition of Item No. 10, 9A, Utility and Driveway Access and Maintenance Agreement and Item 9B, accept five percent salary increase for Police Chief effective September 1, 2018. VOTE: Ayes 5, Nays 0. Page 1 of 7 MINUTES OF THE CITY COUNCIL MEETING Monday, August 27, 2018 7:00 o'clock p.m. PUBLIC COMMENTS Ron Miller, 270 North Willow Drive, stated the situation with the bump in the road in front of the fire station has continued to get worse and worse and that he has been unable to get it resolved. Between 3,800 to 4,000 cars go over that bump every day and approximately one percent of those vehicles weigh over 60,000. Miller stated every time those vehicles travel over the bump, it shakes his house and that he is now starting to get some cracks in his house, which he has attempted to fix his house in 2014, 2015, and it is now back with a vengeance. This matter was brought to the attention of Staff two and a half months ago but very little input on what is going on with it has been received. Miller stated Adam Edwards came out there this year and witnessed a truck going over the bump, which then caused a boom and the soil to shake. Miller indicated he has gone over the engineering plan and the soil study shows that the ground in that area is liquid. Every time a truck goes over this bump, it shakes the soil, which then runs into the house and shakes the house. Hennepin County's soil survey said extra footings would be required, and that when he built his house, he put a two -foot deep footing in the back of the house, installed cables in the house, and the uprights were placed every four feet. Miller stated he is very concerned about vehicles going over that bump 40 times a day shaking the area and that he would like it fixed. Miller commented it would take very little to fix the problem and that it likely would take a grinder one hour to get rid of 80 percent of the problem. Miller noted he has emails going back to 2014 regarding this issue and that in his view the road authority has the responsibility to take care of any potholes and other things like that that can cause damage. Miller stated he is concerned about the damage to his house, and that in his view it has gone past ordinary negligence and it is now running into gross negligence. Miller stated it should not take two and a half months to grind off a little piece of something and fix it. Edwards indicated he has received one quote so far but a number of companies have refused to bid on the project. Miller stated in one of the emails he indicated he had gone and obtained prices to rent a bobcat with a grinder on it and that it was reasonably inexpensive. In addition, information about the liquidity of the soil and the U.S.D.A. soil survey has been provided. Miller indicated he has also taken pictures of the bump and that he has been in places where the speed bumps are smaller than this bump. Miller stated the situation is worse this year than it was two or three years ago and that he would like something done. Miller indicated he can obtain a bid if the City would like. Walsh encouraged Mr. Miller to follow up with City Administrator Rief and Public Works Director Edwards on the bid and the process going forward. FIRE DEPARTMENT REPORT 11. 2019 LONG LAKE FIRE DEPARTMENT OPERATING BUDGET James Van Eyll reviewed the 2019 Long Lake Fire Department operating budget, noting that there is approximately a seven percent increase being proposed. Approximately 3.5 percent of that is due to the new Minnetonka Beach contract, resulting in a net operating increase of 3.33 percent to Long Lake and Orono. Based on the current budget and allocation formula, the cost to the City of Orono amounts to a little over $402,000, which is about a 3.27 percent increase over 2018. Page 2 of 7 MINUTES OF THE CITY COUNCIL MEETING Monday, August 27, 2018 7:00 o'clock p.m. 11. 2019 LONG LAKE FIRE DEPARTMENT OPERATING BUDGET — Continued Walsh stated it appears Long Lake is going up approximately five percent, Orono is going up approximately three percent, and Medina is going up less than one percent. Walsh asked if costs related to miscellaneous replacement items are included in the general operating budget. Van Eyll stated that is correct, and because the equipment is getting a little bit older, there are some increases along with a 15 percent increase in personal health insurance. The fuel category has been reduced. Walsh noted it is broken down between Station 1 and Station 2 and that neither station is deficient at this point. Van Eyll stated the budget for Station 2 is less because it is a newer station and has fewer people. Crosby asked whether any agreement has been reached with the City of Long Lake on sharing of the fuel costs. Rief stated not yet. Van Eyll stated the cost savings have not been there for the fuel because there has been a significant increase in the price per gallon. Walsh stated one of the goals is to make sure that everything is adequately funded. City Administrator Rief indicated they have gone through the budget since the end of June and that there are little incremental changes here and there in the budget. Rief stated some of the extra costs relate to items that need to be replaced. Van Eyll stated the Fire Department's AEDs need to be replaced because they are now 15 years old and that they did receive a grant from the Lions Club in the amount of $9,200, which was almost enough money to purchase one AED and a gear drier. Walsh stated he would like to make sure they stay on top of things that will need to be replaced in the future and that he would like the Fire Commission to talk about everything that needs to get fixed or replaced and then come up with a comprehensive plan. Walsh stated he would like to be proactive and have the fire chief make sure he has everything the fire department needs. Van Eyll stated in his view they have done a good job at keeping the costs down and that they will continue to do that. Printup moved, Crosby seconded, to approve the 2019 Long Lake Fire Operating Budget. VOTE: Ayes 5, Nays 0. Page 3 of 7 MINUTES OF THE CITY COUNCIL MEETING Monday, August 27, 2018 7:00 o'clock p.m. 12. 2019 LONG LAKE FIRE DEPARTMENT CAPITAL IMPROVEMENT PLAN James Van Eyll reviewed the 2019 Long Lake Fire Department Capital Improvement Plan. Van Eyll noted they purchased new SCBAs in 2004 and that the bottles are only good for 15 years, which means they need to be replaced in the near future. Van Eyll stated it is better and more efficient to buy the entire pack so they get all the upgrades, which is on the agenda for 2019. The Fire Department has attempted to replace them by obtaining an Assisted Fire Grant for the last two years but they were not successful in securing the grant. Van Eyll indicated they will apply for the grant again this fall and that they should hear back hear sometime in the springtime. If the grant is received, there would be a five percent match for the size department and city they are. Van Eyll noted the $250,000 is an estimate to replace the packs that the fire department has and that they will have four fewer spares than they currently have because they now have one more engine. Orono's share of that item is $213,276. Printup moved, Crosby seconded, to approve the 2019 Long Lake Fire Capital Improvement Plan. Walsh suggested the motion be amended to include the caveat that any item to be purchased costing over $5,000 come before the Orono City Council for formal approval. Printed moved, Crosby seconded, to amend the motion approving the 2019 Long Lake Fire Capital Improvement Plan to include the caveat that any item to be purchased costing more than $5,000 has to come before the Orono City Council for formal approval. Vote: Ayes 5, Nays 0. Van Eyll reported the new engine is now at Station 2, which was purchased for a little over $448,000. The idea was to have $450,000 for the truck and the rest of the $475,000 for equipment to be mounted on the truck. The bulk of that is extraction equipment. Crosby asked if the list of desired equipment has been compiled. Van Eyll stated they have a generic list at this time and that they are attempting to whittle it down to fit within the budget. That list is almost complete and will be provided to the City Council. The extraction equipment comes to approximately $18,000, with the rest of the costs being for the mounting of radios and other loose equipment such as chain saws. Van Eyll stated they are attempting to use some equipment from a prior truck. Crosby asked whether the City Council should approve the equipment costs at this time. Rief asked when Chief Van Eyll expects the truck to be in service. Van Eyll stated they are planning on having a ceremony on September 11 but that he is not sure the truck will be ready to go into service that day. Van Eyll stated it will probably be about three weeks before they receive some LDH. Rief stated he would prefer to wait with a motion until they have the list. Page 4 of 7 MINUTES OF THE CITY COUNCIL MEETING Monday, August 27, 2018 7:00 o'clock p.m. PLANNING DEPARTMENT REPORT 13. CONSIDER NARROWS DUMPSTER ENCLOSURE Barnhart reviewed his Staff report regarding a proposal by the Narrows Saloon to place a dumpster enclosure in the Navarre parking lot, which is city -owned property. In 2013, the City Council approved Resolution 6353, which approved an amendment to the existing Conditional Use Permit for the Narrows Saloon and a second Conditional Use Permit for a Class 11 restaurant. That site plan included two outdoor patios and a dumpster enclosure. That plan was amended in 2014 to adjust the entryway to the two businesses. The site plan identifies the location of a dumpster enclosure approximately 15 feet to the north of the patio for the Lake Room. The property owner has expressed a concern with the dumpster enclosure being located in such close proximity to the outdoor patio and has proposed a location on city property toward the far northern portion of the parking lot adjacent to Lyric Avenue. This location would separate the patio from the dumpster enclosure. The applicant, at their cost, will build a three -bay dumpster enclosure, two bays for the Narrows/Lake Room and the third bay is proposed as compensation for using public property. Barnhart noted relocating the enclosure would likely cause the loss of three spaces in that location but three spaces currently striped as no parking for the existing dumpster could be added closer to the Narrows and Lake Room businesses. The third bay could be used to coordinate trash collection for the businesses surrounding the parking lot, which may be beneficial if and when plans to readjust the parking lot move forward. Crosby suggested the dumpster be moved down toward the west since the proposed area is near the open enrollment bus stop. Crosby stated if it is slid down a bit, they could slide it in front of the tree area toward the west, and that in his view that location would be fine. If there is the possibility of other businesses using the dumpster, perhaps the City should consider adding a fourth stall. Walsh asked when the Lake Room will be open. Gary Anderst, Narrows Saloon, stated since he has become involved in June, he has tried to make the process move forward based on the family's wishes to open up the Lake Room. Progress is being made and hopefully in two weeks the Department of Health will be in there to look at the kitchen and address the red tag on the Narrows side. If everything works out great, they would like to open up the Lake Room in February, but that it has been a real challenge to get qualified trades people to do the construction. Crosby stated the back part of the parking lot would be better for the enclosure as long as it is moved further west. Crosby stated the dumpsters will have lids on them to keep everything contained and the trees will help screen the area. Walsh commented it makes sense for the City to do what they can to help make this area look better. Dankey stated her concern is about the location given the bus stop in the area. Dankey noted a lot of times people are parked in those spaces because they are dropping off kindergarteners but sometimes they have to park further away and then the children run across the parking lot. Dankey stated she does not want to lose one space up there since those spaces are used several times a day. Page 5 of 7 MINUTES OF THE CITY COUNCIL MEETING Monday, August 27, 2018 7:00 o'clock p.m. 13. CONSIDER NARROWS DUMPSTER ENCLOSURE — Continued Barnhart stated from an efficiency standpoint, they would like to square off the corner and cut into the hill a little, and the other concern is not locating it too far from the Narrows. If the dumpster is out of sight from the restaurant, there may be a safety concern and that they could perhaps put it by the light pole. Anderst stated that spot is also quite a distance from the restaurant to haul garbage and that they are looking at providing some type of device to use, but that it becomes a lot more difficult in the wintertime. Walsh stated the feedback he is hearing is that the City Council is generally supportive of relocating the dumpsters but that they need to find a good spot for it. Crosby commented the area a little bit to the west would be the best spot and that they could mark the lines and erect signs saying there is absolutely no parking in those spots. Dankey stated they could also restrict parking in that area to certain times. Barnhart stated there may be a challenge enforcing it. Crosby stated he would like to make it a no parking area. Seals commented it might be better to take an overall look at the area. Dankey commented all the other buses pick up at Lunds and it is a nightmare. Crosby noted the rest of the lot is pretty well open. Dankey pointed out there is also a park in the area, which attracts children. Printup stated the upgrades made at the Narrows Saloon has helped get the ball rolling for improving the area and that he would like to thank them for doing this. Dankey noted the reason why the bus stop is in that spot is because it is in Orono. Rief asked if the City Council would like to look at more of a master plan. Walsh indicated he would prefer that option. Anderst stated their goal is to open up the Lake Room shortly after the first of the year and a condition of the Conditional Use Permit is that the dumpster enclosure be in place. Anderst stated they are trying to be compliant with that. Walsh stated the City will attempt to work as quickly as they can but that there are a number of issues that need to be looked at. Walsh stated the City Council can work with the Conditional Use Permit and the issues surrounding that. The City Council took no formal action on this item. Page 6 of 7 MINUTES OF THE CITY COUNCIL MEETING Monday, August 27, 2018 7:00 o'clock p.m. MAYOR/COUNCIL REPORT Dankey had nothing to report. Seals noted the beginning of the school year is almost here and summer is unfortunately coming to a close, but that Leonard Skynard performed on Lake Minnetonka a few weeks ago, which was a lot of fun. Crosby recognized the passing of Senator John McCain and his service to the country. Printup encouraged everyone to drive careful with the students going back to school. Walsh commented the upgrades to Old Crystal Bay Road will be great and should be ready for the start of school. Walsh stated he had the opportunity to stop in and visit Orono's sister city, which is Orono, Maine, and that they gave him and his family a bunch of gifts to bring back, including a hat, a coin, and junior police and fire badges. Walsh stated Orono, Maine, has no mayor there, and that this is the first time someone from the Orono City Council has ever visited there. The pictures from the visit have been posted on the Facebook site. CITY ADMINISTRATOR'S REPORT Rief reported Staff has been busy working on the 2019 budget and that it should be ready to be formally presented to the City Council in the next month or two. Rief stated he met with the neighbors on West Lafayette to discuss some of their concerns with the project and that he would like to thank them for their patience and understanding. The neighbors ultimately agreed the project is great but that they would like to see the construction come to an end. Rief noted the contractor is hoping to put asphalt down this Wednesday on Old Crystal Bay Road provided the weather cooperates. Rief noted today is his 365t' day at Orono. CITY ATTORNEY REPORT Mattick stated he had nothing to report. ADJOURNMENT Crosby moved, Printup seconded, to adjourn the Orono City Council meeting at 7:49 p.m. VOTE: Ayes 5, Nays 0. ATTEST: Anna Carlson, City Clerk Dennis Walsh, Mayor Page 7 of 7 Orono City Council Work Session Monday, August 27, 2018 Council Chambers 5:00 p.m. PRESENT: Mayor Dennis Walsh, Council Members Richard F. Crosby II, Wendy Dankey, Aaron Printup and Victoria Seals. Representing staff were City Administrator Dustin Rief, Police Chief Coffey Farniok, Finance Director Ron Olson, Director of Public Works/City Engineer Adam Edwards, Community Development Director Jeremy Barnhart, Accountant Maggie Ung, and City Clerk Anna Carlson. GUESTS: Greg & Jewel Vitas Meeting Start Time: 5:00 p.m. 1. Budget Discussion Finance Director, Ron Olson presented the 2019 budget memorandum. Olson mentioned that city staff has made a number of changes since July under direction of the Council. In July, there was a large deficit in Revenues. Staff has looked into administrative charges to the Enterprise Funds, determined what the overhead costs were for those funds and how they would be recovered. This resulted with staff allocating the funds across the board rationally. Olson noted that wages, zoning code official, and the one-time fee for rewriting the Zoning and Subdivision Code is reflected in the budget. Council Member Victoria Seals asked if there is a way to write into the contracts or create a fund or merit pay schedule based on performance of employees that the City could use for unions. Olson referred to a merit pay system and how it is a difficult system to use, especially how it could affect discrimination. Seals is would like further information on a performance based system and would like to have the discussion about performance based raises. If employees are going above and beyond their job description they should be rewarded for it. There was discussion of different ways to improve and look into a performance based raise system. Olson requested guidance on the amount Council is comfortable with for a tax levy increase. Olson noted that in September, the preliminary levy needs to be adopted by law and once it is adopted there can be no increases made afterwards. Mayor Dennis Walsh is comfortable with the tax levy and the direction the city is going. Olson explained that the Insurance Fund began approximately 20 years ago, the City goes through the League of Minnesota Cities Insurance Trust and it pays dividends as years pass by. Olson noted that money used to go into the General Fund. A previous Finance Director created the Insurance Fund to keep track of the dividends. As years have gone by the Insurance Fund has grown considerably. City Administrator Dustin Rief noted that Council should consider putting a cap on the fund, by policy. Rief noted that by putting it in writing and by saying it in a public forum it will force future Councils to follow the plan. Orono City Council Work Session Monday, August 27, 2018 Council Chambers 5:00 p.m. 1. Budget Discussion — Continued Walsh agreed that by having a policy addressing it that it would help prevent the fund from getting down too low. Seals mentioned that she and Council Member Printup met with Rief regarding the Code Enforcement Official and would like more information before they would approve of this position being added. Seals has a hard time seeing the head count, and struggles with approving this without getting all the details and understanding what the City has and what it is currently working with. Seals mentioned that they would like to know why staff wants or needs the position. Walsh mentioned that we need to see all the pieces prior to approving the decision to add more positions. Walsh noted that the Council wants to make sure we have enough people to do the job. 2. Stormwater Planning Discussion Director of Public Works/ City Engineer Adam Edwards presented the Stormwater Planning item. Edwards discussed the current practice, current issues and the request of guidance on the decision of whether the City should take a broader approach. Edwards explained that tonight he wanted to discuss two particular issues: County Side West and Orono Oaks Drive. Country Side West suffers nuisance flooding during intense rainfalls. It was studied in 2014 and the recommendation was to perform maintenance on structures and the channel that the structures feed. Then, to proceed with culvert replacements. Edwards noted that in 2018 that the pond pipe clogged and we did do an emergency maintenance to clear the clogged pipe. Walsh asked what the immediate issue is. Edwards explained that immediate issue is should the city take in work that is within our public right of way to upsize that culvert. Rief introduced resident Greg Vitas in which he visited with and walked the culverts to get a better idea of the issue. Resident Greg Vitas, thanked Rief and Printup for meeting with him and letting him speak today. He describes the issue relating to the drainage and how it is affecting and flooding his property. Vitas is concerned that this could become a serious issue. The water level in the pond is 8 feet above where is should be. Vitas mentioned that they have water flowing east to west on his property. Vitas noted that we are looking at water covering up to 30 to 40 feet of our yard and our sump pumps are working everyday all year. Dustin mentioned that the question from staff is if this is the Home Owners Association's responsibility. Walsh discussed that we all should take some responsibility for it and fix the culverts. Resident Jewel Vitas noted that there is more water coming in from many different directions that has changed from previous years. Vitas feels that it is a mess, and nobody knows where it is going. Orono City Council Work Session Monday, August 27, 2018 Council Chambers 5:00 p.m. 2. Stormwater Planning Discussion — Continued Vitas mentioned that when the city comes to mow, she has to go clean out the ditch so that the water can get to the culvert and they feel that the City's maintenance of that ditch has not been sufficient. Walsh mentioned let's get back to the CIP. We would like to take care of a problem if it needs to be taken care of. If we have to pull a few dollars from the CIP to fix and take care of the problem than we should do that. Rief mentioned that part of the problem with that ditch is due to the length and width of it in its current state. Walsh would like to take care of it the first time and to get it done right. We do not want to have to revisit it again after the fact. Walsh noted if we are going to do it lets spend the money correctly the first time. Edwards mentioned that we are looking for direction as to what the City stance is on the issue. Council Member Richard F. Crosby noted that the biggest part of this is that the ponds and the drainage needs to be solved first before the problem can fully be fixed. 3. Orono Oaks Drive Discussion Edwards presented Orono Oaks and the need for repair, bill and assess. The city maintains the easements on private roads. When it becomes an issue of Public Safety, the city needs to take over the maintenance and the road. Rief mentioned that we have the following options: we could do all the repairs and assess the residents and it remains a private road; we could do all the repairs and assess the residents and make it a public road; or we could do the minimum amount of work needed to repair it. Discussion followed and the group determined that a public hearing should be taking care of as soon as we can to take care of this issue. Meeting End 6:14 p.m. ATTEST: Anna Carlson, City Clerk Dennis Walsh, Mayor AGENDA ITEM Item No.: 3 Item Description: Claims/Bills Date: September 10, 2018 Presenter: Ron Olson Agenda Consent Agenda Finance Director Section: 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 110264 to 110350, totaling $1,4,52,558.22. 3. Noteworthy Payments. Vendor Amount Description of Payment #110284 Aspen Equipment $136,924.50 Payment for the box and accessories for truck #427. The Chassis was paid for earlier. The total cost of the truck was $234,117.30 #110302 GMH Asphalt $1,023,739.40 Payment for RFP #3 of the Old Crystal Bay Road Project. #110333 Park Construction $131,414.20 Payment for RFP#1 of the Leaf Street Improvement Project. 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 Exhibit A. Check Register Prepared By: SYC9 Reviewed By: 5?1C9 Approved By: -TgX City of Orono Check Register - COUNCIL REPORT Check Issue Dates: 8/28/2018 - 9/10/2018 Check Check Invoice Invoice GL Account Description Department Payee Issue Date Number Number SANDIE LARSON 08/28/2018 110247 081418 101-41410-331 Reimb for Lunch Delivery - Elections Elections Total 110247: SANDIE LARSON 08/28/2018 110264 081418-1 101-41410-331 Reimb for Lunch Delivery - Elections Elections Total 110264: A La Carte Creative Group 09/10/2018 110276 40219 101-42110-352 Business Cards, S. Schultz Police Department Total 110276: ADVANCED IMAGING SOLUTIO 09/10/2018 110277 365215367 101-41900-413 CH Copier Lease 8/20/18-9/20/18 Central Services ADVANCED IMAGING SOLUTIO 09/10/2018 110277 365229996 101-42110-413 Police Copier 8/20/18 - 9/20/18 Police Department Total 110277: ALLSTREAM 09/10/2018 110278 15517565 101-42110-321 Phone service Police Department ALLSTREAM 09/10/2018 110278 15517565 101-41900-321 Phone Service Central Services ALLSTREAM 09/10/2018 110278 15517565 601-49400-321 Phone Service Water ALLSTREAM 09/10/2018 110278 15517565 602-49450-321 Phone Service Sewer Total 110278: American Environmental LLC 09/10/2018 110279 1067 602-16500 CCTV Inspection of Sewer - 2018 Sewer Maint. American Environmental LLC 09/10/2018 110279 1067 101-43280-319 CCTV Inspection of Sewer - 2709 Walters Port Special Services Total 110279: AMERICAN TIRE DISTRIBUTOR 09/10/2018 110280 S111932814 101-42110-402 #240 tires Police Department Total 110280: AMERITINT OF MINNESOTA 09/10/2018 110281 18-148 101-42110-223 Vinyl Film Office Sidelights Police Department Total 110281: APPRIZE TECHNOLOGY SOLUT 09/10/2018 110282 16638 101-41900-319 Administrative Fee 09/18 Central Services Page: 1 Sep 06, 2018 10:57AM Invoice Amount 15.00- 15.00- 8.18 8.18 330.00 330.00 1,511.76 491.75 2,003.51 298.79 418.30 69.72 209.15 995.96 16,203.39 350.00 16,553.39 516.40 516.40 140.00 492.00 City of Orono Check Register - COUNCIL REPORT Check Issue Dates: 8/28/2018 - 9/10/2018 Check Check Invoice Invoice GL Account Description Department Payee Issue Date Number Number Total 110282: ARC DOCUMENT SOLUTIONS L 09/10/2018 110283 54MN190094 101-43280-319 Reprint of Microfilm Special Services Total 110283: ASPEN EQUIPMENT 09/10/2018 110284 10190649-1 701-49800-402 Repair Unit #426 Underbody Plow Credit ASPEN EQUIPMENT 09/10/2018 110284 10192396 701-49800-222 Deflector on Snow Plow Unit #424 ASPEN EQUIPMENT 09/10/2018 110284 10193188 405-48500-550 #427 Box, Plows, Lighting Total 110284: BIFFS INC 09/10/2018 110285 W689874 101-45200-415 Bederwood Park Parks BIFFS INC 09/10/2018 110285 W689875 101-45200-415 Summit Beach Parks BIFFS INC 09/10/2018 110285 W689876 101-45200-415 Hackberry Park Parks BIFFS INC 09/10/2018 110285 W689877 101-45210-415 Orono Golf Course Golf Course BIFFS INC 09/10/2018 110285 W689878 101-45200-415 Crystal Bay Playground Parks BIFFS INC 09/10/2018 110285 W689879 101-45200-415 Navarre Playground Parks BIFFS INC 09/10/2018 110285 W689880 101-45200-415 French Creek Preserve Parks BIFFS INC 09/10/2018 110285 W689881 101-45200-415 Lurton Park Parks Total 110285: BRAUN INTERTEC 09/10/2018 110286 8140530 402-48055-304 OCB Road Project 18-021 OCB Road Reconstruction Total 110286: BUDGET PRINTING 09/10/2018 110287 7782 101-42110-352 PD Stickers/Tatoos Police Department Total 110287: CAPITOL BEVERAGE SALES L.P 09/10/2018 110288 2156621 101-45210-091 beer for resale Golf Course Total 110288: CARDMEMBER SERVICE 09/10/2018 110289 080118-1 101-42110-240 Mouth Pieces for PBT's Police Department CARDMEMBER SERVICE 09/10/2018 110289 080818-2 101-45200-212 Non Oxygenated Fuel for Big Island Boat/Mower Parks CARDMEMBER SERVICE 09/10/2018 110289 080818-3 101-45200-212 Non Oxygenated Fuel for Big Island Boat/Mower Parks CARDMEMBER SERVICE 09/10/2018 110289 080818-4 101-41410-439 Cookies for Election Judges Elections Page: 2 Sep 06, 2018 10:57AM Invoice Amount 492.00 254.00 254.00 1,000.00- 350.50 136,924.00 136,274.50 160.00 125.00 62.78 62.50 160.00 aq Fn 855.28 13,249.75 13,249.75 540.65 540.65 16.00 14.40 7.98 City of Orono Check Register - COUNCIL REPORT Page: 3 Check Issue Dates: 8/28/2018 - 9/10/2018 Sep 06, 2018 10:57AM Payee Check Issue Date Check Number Invoice Number Invoice GL Account Description Department Invoice Amount CARDMEMBER SERVICE 09/10/2018 110289 080918-1 101-45200-223 Big Island Camera Batteries Parks 25.77 CARDMEMBER SERVICE 09/10/2018 110289 081318-1 101-41110-439 CC Meeting Cookies for 8/13/18 Mayor & Council 8.93 CARDMEMBER SERVICE 09/10/2018 110289 081418-2 101-41410-439 Water for Election Judges Elections 10.00 CARDMEMBER SERVICE 09/10/2018 110289 081418-3 101-41410-439 Election Judge Meals for Election Day Elections 645.15 CARDMEMBER SERVICE 09/10/2018 110289 082018-1 101-45210-223 GC Irrigation/Drainage Repairs Golf Course 359.78 CARDMEMBER SERVICE 09/10/2018 110289 082118 101-45210-223 Drain Tile - Golf Drainage Golf Course 44.95 CARDMEMBER SERVICE 09/10/2018 110289 082218 101-43000-212 Gas for Z Cycle Engines Public Works Department 17.00 CARDMEMBER SERVICE 09/10/2018 110289 082818 101-43000-240 Nails and rebar ties for generator pads Public Works Department 33.92 CARDMEMBER SERVICE 09/10/2018 110289 082818 602-49450-240 Nails and rebar ties for generator pads Sewer 33.92 CARDMEMBER SERVICE 09/10/2018 110289 082918 101-41300-489 Food for 23rd Annual Staff Development Administration 739.23 CARDMEMBER SERVICE 09/10/2018 110289 083018 101-45200-212 Non Oxygenated Fuel for Big Island Boat/Mower Parks 16.69 CARDMEMBER SERVICE 09/10/2018 110289 090418 101-42110-201 Printer Ribbons for ID Card Printer Police Department 101.72 Total 110289: 2.013.18 CENTURY LINK 09/10/2018 110290 081918 101-45210-321 GC phone/internet 8/19-9/18/18 Golf Course 209.12 Total 110290: 209.12 CHRISTINE MATTSON 09/10/2018 110291 082918 101-41300-489 Reimbursement - Staff Development Administration 49.65 Total 110291: 49.65 CHUNKS LAKESHORE AUTO 09/10/2018 110292 0015955 101-42110-402 #249 Service Police Department 148.24 CHUNKS LAKESHORE AUTO 09/10/2018 110292 0015977 101-42110-402 #843 service Police Department 44.68 CHUNKS LAKESHORE AUTO 09/10/2018 110292 0015988 703-49960-379 Taillight Replacement 388.76 CHUNKS LAKESHORE AUTO 09/10/2018 110292 0015993 101-42110-402 #256 service Police Department 48.29 Total 110292: 629.97 CINTAS CORPORATION 09/10/2018 110293 4004674437 101-43000-226 Uniforms Public Works Department 114.95 CINTAS CORPORATION 09/10/2018 110293 4004822935 101-43000-226 Uniforms Public Works Department 115.90 CINTAS CORPORATION 09/10/2018 110293 4009055080 101-43000-226 Uniforms Public Works Department 63.96 CINTAS CORPORATION 09/10/2018 110293 4009315312 101-43000-226 Uniforms Public Works Department 63.96 CINTAS CORPORATION 09/10/2018 110293 4009351014 101-41900-401 Gray Mats and Air Svc Central Services 21.92 CINTAS CORPORATION 09/10/2018 110293 4009351097 101-41900-401 Mat Service - CH Central Services 10.80 CINTAS CORPORATION 09/10/2018 110293 9032484266 101-43000-226 Uniforms - Credit Inv 4004674437 Public Works Department 50.99- CINTAS CORPORATION 09/10/2018 110293 9032484276 101-43000-226 Uniforms - Credit Inv 4004822935 Public Works Department 53.34- City of Orono Check Register - COUNCIL REPORT Check Issue Dates: 8/28/2018 - 9/10/2018 Check Check Invoice Invoice GL Account Description Payee Issue Date Number Number Total 110293: CITY OF BLOOMINGTON 09/10/2018 110294 1800212 601-49400-489 Bacterial Water Testing CITY OF BLOOMINGTON 09/10/2018 110294 1800243 601-49400-405 Well #3 Bacteria Testing Total 110294: CITY OF ST PAUL 09/10/2018 110295 IN00030543 101-42110-437 PDI Training - J. Barnes Total 110295: DAVE KLITZKE 09/10/2018 110296 082618 101-41300-489 Water & Pop Total 110296: DPC INDUSTRIES 09/10/2018 110297 827001509-1 601-49400-216 Chlorine DPC INDUSTRIES 09/10/2018 110297 827001625-1 601-49400-216 Chemicals Total 110297: EARL F ANDERSON & ASSOC 09/10/2018 110298 0118106 -IN 101-45200-223 New Backboards/Rims Crystal Bay Park EARL F ANDERSON & ASSOC 09/10/2018 110298 0118277 -IN 101-43000-224 Tonka Ave St Name Sign Total 110298: ECM PUBLISHERS INC 09/10/2018 110299 621250 101-42400-340 PH Ad August ECM PUBLISHERS INC 09/10/2018 110299 623063 235-45690-352 TIF Disclosure ECM PUBLISHERS INC 09/10/2018 110299 623303 101-45210-352 Job Ad Newspaper- Parks/Golf Seasonal ECM PUBLISHERS INC 09/10/2018 110299 624957 101-45210-352 Parks Job Ad ECM PUBLISHERS INC 09/10/2018 110299 626462 101-42400-340 PH Ad August Total 110299: FASTENAL 09/10/2018 110300 MNPLY1052 101-43000-224 Nylon Sign Mounting Supplys Total 110300: GENUINE PARTS COMPANY/NA 09/10/2018 110301 410258 101-45210-403 Grease Gun Fitting Department Water Water Police Department Administration Water Water Parks Public Works Department Building & Zoning Golf Course Golf Course Building & Zoning Public Works Department Golf Course Page: 4 Sep 06, 2018 10:57AM Invoice 287.16 31.50 10.50 1,450.55 56.62 275.00 9.38 City of Orono Check Register - COUNCIL REPORT Check Issue Dates: 8/28/2018 - 9/10/2018 Check Check Invoice Invoice GL Account Description Payee Issue Date Number Number Total 110301: GMH ASPHALT 09/10/2018 110302 C13.114606. 402-48055-590 OCB Road Improvements request 3 GMH ASPHALT 09/10/2018 110302 C13.114606. 402-20600 OCB Road Improvements request 3 Total 110302: GOPHER STATE ONE CALL 09/10/2018 110303 8080635 601-49400-489 locates GOPHER STATE ONE CALL 09/10/2018 110303 8080635 602-49450-489 locates Total 110303: GREAT LAKES COCA-COLA 09/10/2018 110304 3638207127 101-45210-092 beverages for concessions Total 110304: Hentges, Anne 09/10/2018 110305 082418 101-41300-433 Notary Recording Fee Total 110305: JACKIE YOUNG 09/10/2018 110306 082918 101-41300-319 CC meetings 8/13/18 JACKIE YOUNG 09/10/2018 110306 082918 101-41300-319 CC meetings 8/27/18 JACKIE YOUNG 09/10/2018 110306 082918 101-42400-319 PC Meeting 8/20/18 Total 110306: KELLY HERZOG 09/10/2018 110307 082818 101-41300-489 Reimbursement - Staff Development Total 110307: LAKE MTKA CONSERVATION DI 09/10/2018 110308 072618 101-41110-433 3rd Qtr 2018 LMCD Levy Total 110308: LAKESCAPE LLC 09/10/2018 110309 358 101-45200-404 Beach Weed Control Total 110309: Laura Oakden 09/10/2018 110310 090418 101-42400-433 APA Membership Department OCB Road Reconstruction Water Sewer Golf Course Administration Administration Administration Building & Zoning Administration Mayor & Council Parks Building & Zoning Page: 5 Sep 06, 2018 10:57AM Invoice Amount 9.38 1,077,620.42 53,881.02- 688.50 285.36 285.36 20.00 190.00 165.00 165.00 22.20 22.20 14,042.75 14,042.75 632.50 632.50 95.00 City of Orono Check Register - COUNCIL REPORT Check Issue Dates: 8/28/2018 - 9/10/2018 Check Check Invoice Invoice GL Account Description Department Payee Issue Date Number Number Total 110310: LEAGUE OF MN CITIES 09/10/2018 110311 090118 101-41110-433 2018-2019 Membership Dues - City of Orono Mayor & Council Total 110311: LONG LAKE TRUE VALUE 09/10/2018 110312 090118 602-49450-221 To Clear Account Sewer LONG LAKE TRUE VALUE 09/10/2018 110312 A45530 101-45200-223 Park Tools/Keys Parks LONG LAKE TRUE VALUE 09/10/2018 110312 B476606 101-45210-240 Irrigation Tools Golf Course LONG LAKE TRUE VALUE 09/10/2018 110312 B476977 101-43000-224 Sign Supplies Public Works Department LONG LAKE TRUE VALUE 09/10/2018 110312 B478034 701-49800-222 Shop Supplies LONG LAKE TRUE VALUE 09/10/2018 110312 B479463 101-43000-224 Unit 431 Rear Mesh/Supplies Public Works Department LONG LAKE TRUE VALUE 09/10/2018 110312 B479473 101-42110-221 Nuts & Bolts Police Department LONG LAKE TRUE VALUE 09/10/2018 110312 B480775 601-49400-240 Tower Water Total 110312: MANSFIELD OIL COMPANY 09/10/2018 110313 20932556 101-42110-212 Unleaded Fuel Police Department MANSFIELD OIL COMPANY 09/10/2018 110313 20932557 701-49800-212 Diesel Fuel MANSFIELD OIL COMPANY 09/10/2018 110313 20932559 101-42110-212 Unleaded Fuel Police Department Total 110313: MARGARET UNG 09/10/2018 110314 08302018 101-41500-331 Mileage 8/9-8/30/18 Finance Department Total 110314: MEDIACOM 09/10/2018 110315 082118 614-49840-329 Internet 9/1/18-9/30/18 Cable Franchise Total 110315: METRO WEST INSPECTIONS S 09/10/2018 110316 1639 101-42400-310 Inspection Services July 2018 Building & Zoning Total 110316: MINNESOTA EQUIPMENT 09/10/2018 110317 E02763 101-45200-223 Parks Push Mower Parks MINNESOTA EQUIPMENT 09/10/2018 110317 P72391 701-49800-222 029 Fuel Vent MINNESOTA EQUIPMENT 09/10/2018 110317 P72695 101-45210-403 Blade Sharpening & Tire Repair Golf Course MINNESOTA EQUIPMENT 09/10/2018 110317 P73585 101-43000-403 Overpaid Replacement Chainsaw Bar Unit 867 Public Works Department Page: 6 Sep 06, 2018 10:57AM Invoice Amount 95.00 7,829.00 7,829.00 28.96 25.48 5.29 13.37 7.30 2.89 1.99 642.91 3,908.04 29.98 1,187.00 12.81 78.95 4.00- City of Orono Check Register - COUNCIL REPORT Check Issue Dates: 8/28/2018 - 9/10/2018 Page: 7 Sep 06, 2018 10:57AM Payee Check Issue Date Check Number Invoice Number Invoice GL Account Description Department Invoice Amount Total 110317: 444.41 MINNESOTA EXTERIORS INC 09/10/2018 110318 082818 101-32510 Permit Refund RBG18-000034 503.67 Total 110318: 503.67 MINNESOTA UI FUND 09/10/2018 110319 12093958 101-43000-142 Unemployment - Rice Public Works Department 1,937.69 Total 110319: 1,937.69 MINT ROOFING 09/10/2018 110320 754166 101-41900-404 City Hall roof repair Central Services 360.00 MINT ROOFING 09/10/2018 110320 754172 101-42110-404 PD roof repair Police Department 600.00 Total 110320: 960.00 MN DEPT OF TRANSPORTATIO 09/10/2018 110321 P00009421 402-48055-404 OCB Material Testing OCB Road Reconstruction 155.47 Total 110321: 155.47 MN MAYORS ASSOCIATION 09/10/2018 110322 090118 101-41110-433 2018-2019 Membership -D. Walsh Mayor & Council 30.00 Total 110322: 30.00 MOUND TRUE VALUE 09/10/2018 110323 154749 101-42110-221 Nuts & Bolts Police Department 3.25 MOUND TRUE VALUE 09/10/2018 110323 154855 101-42110-240 NNO Boys Bike Police Department 175.75 MOUND TRUE VALUE 09/10/2018 110323 154896 101-42110-221 Nuts & Bolts Police Department 10.32 MOUND TRUE VALUE 09/10/2018 110323 155081 101-42110-240 Hitch Pin Police Department 2.99 Total 110323: 192.31 MTI DISTRIBUTING INC 09/10/2018 110324 1164105-00 101-45200-489 Freight Charge Parks 14.91 MTI DISTRIBUTING INC 09/10/2018 110324 1181329-00 101-45210-404 Irrigation Control Panel Repair Golf Course 1,032.30 Total 110324: 1,047.21 MTI Distributing Inc 09/10/2018 110325 080818 101-45210-403 Irrigation Winterization Golf Course 907.46 Total 110325: 907.46 City of Orono Check Register - COUNCIL REPORT Page: 8 Check Issue Dates: 8/28/2018 - 9/10/2018 Sep 06, 2018 10:57AM Payee Check Issue Date Check Number Invoice Number Invoice GL Account Description Department Invoice Amount Natural Shore Technologies Inc 09/10/2018 110326 3981 101-45200-225 Seven Nations Plant Parks 298.50 Total 110326: 298.50 NAVARRE HARDWARE 09/10/2018 110327 312031 101-45200-223 Park Locks Parks 77.94 NAVARRE HARDWARE 09/10/2018 110327 312157 101-45210-201 Clubhouse Cleaning Supplies Golf Course 19.27 NAVARRE HARDWARE 09/10/2018 110327 312483 701-49800-222 Key Rings/Retract Knife 28.34 NAVARRE HARDWARE 09/10/2018 110327 312527 101-45200-221 Lurton Park Keys Parks 13.93 NAVARRE HARDWARE 09/10/2018 110327 312533 701-49800-222 Clamp Unit #428 5.49 NAVARRE HARDWARE 09/10/2018 110327 312685 101-43000-224 Hold and Transport Flags Public Works Department 37.99 Total 110327: 182.96 NCPERS MINNESOTA 09/10/2018 110328 6732918 101-21710 Pera life 09/2018 208.00 Total 110328: 208.00 NEWEGG INC 09/10/2018 110329 1301481176 101-41900-221 Monitors/Flash Drives Central Services 191.74 NEWEGG INC 09/10/2018 110329 1301481414 101-42110-221 Flashdrives Police Department 33.15 NEWEGG INC 09/10/2018 110329 1301482110 101-42110-221 Adaptor for EOC Police Department 27.03 NEWEGG INC 09/10/2018 110329 1301483729 101-41900-401 Power Strips Central Services 20.98 NEWEGG INC 09/10/2018 110329 1301483729 101-42110-401 Power Strips Police Department 20.98 NEWEGG INC 09/10/2018 110329 1301512863 101-42110-575 Returned Laptop Police Department 479.00- NEWEGG INC 09/10/2018 110329 1301514350 101-41900-221 Laptop Central Services 310.99 NEWEGG INC 09/10/2018 110329 1301514350 101-42110-570 Laptop Police Department 310.99 NEWEGG INC 09/10/2018 110329 1301523639 101-42110-221 External USB Police Department 37.98 Total 110329: 474.84 NORLINGS 09/10/2018 110330 34263 101-45200-404 Navarre Park Sodding/Watering Parks 4,860.00 Total 110330: 4,860.00 NUTRI GREEN 09/10/2018 110331 62988 101-45210-223 Fairway Fungicides Golf Course 201.61 Total 110331: 201.61 OFFICE DEPOT 09/10/2018 110332 1895833600 101-42110-201 Office Supplies Police Department 101.60 OFFICE DEPOT 09/10/2018 110332 1895908440 101-42110-201 Scissors Police Department 2.29 OFFICE DEPOT 09/10/2018 110332 1908333850 101-41900-201 Office Supplies Central Services 508.06 City of Orono Check Register - COUNCIL REPORT Check Issue Dates: 8/28/2018 - 9/10/2018 Check Check Invoice Invoice GL Account Description Payee Issue Date Number Number Total 110332: PARK CONSTRUCTION COMPA 09/10/2018 110333 RFP #1 LEA 402-48058-590 RFP #1 Leaf Street Improvements PARK CONSTRUCTION COMPA 09/10/2018 110333 RFP #1 LEA 402-20600 RFP #1 Leaf Street Improvements Total 110333: PROLAWNS 09/10/2018 110334 14946 101-45200-404 Round Up Hackberry Ballfield Total 110334: RDO EQUIPMENT 09/10/2018 110335 W25053 701-49800-403 Unit #471 Inspection/Repair Total 110335: Reed Wholesale & OCS 09/10/2018 110336 9518 101-45210-094 concessions Resale Total 110336: Sharp Exteriors 09/10/2018 110337 29 408-48800-520 Brush Site Interior Finishing Total 110337: SONICLEAR 09/10/2018 110338 080918 101-41900-416 Annual Support - Recording Software Total 110338: SunTrust Bank 09/10/2018 110339 SS -94726 101-42110-311 Subpoena for JBW Developments Inc Total 110339: TALLEN AND BAERTSCHI 09/10/2018 110340 082218 101-41600-306 Prosecution Services -08/2018 Total 110340: The Mulch Store 09/10/2018 110341 104007807 101-45200-223 Mulch Total 110341: Department Parks Golf Course Central Services Police Department Law/Legal Services Parks Page: 9 Sep 06, 2018 10:57AM Invoice Amount 611.95 138,330.74 6,916.54- 131,414.20 199.00 199.00 159.48 159.48 103.90 103.90 1,775.00 1,775.00 373.00 373.00 14.10 14.10 2,703.02 2,703.02 62.00 62.00 City of Orono Check Register - COUNCIL REPORT Check Issue Dates: 8/28/2018 - 9/10/2018 Check Check Invoice Invoice GL Account Description Department Payee Issue Date Number Number TL STEVENS 09/10/2018 110342 9471 101-45200-404 Drinking Well Repair Parks Total 110342: TWIN CITY STRIPING 09/10/2018 110343 090418 101-43000-408 Striping OCB, Willow, Brown, McCulley, Spring Hill Public Works Department Total 110343: U.S. AutoForce 09/10/2018 110344 2094614 101-42110-402 Squad 249/250 Tires Police Department Total 110344: US HEALTHWORKS 09/10/2018 110345 0089290 -MN 101-42110-319 TB Skin Testing Hway Police Department Total 110345: VANGUARD CLEANING SYSTE 09/10/2018 110346 61230 101-41900-407 Janitorial service Central Services VANGUARD CLEANING SYSTE 09/10/2018 110346 61230 101-42110-407 Janitorial service Police Department Total 110346: Vonco II LLC 09/10/2018 110347 0000045915 402-48055-319 Profile Fee for OCB Road Project OCB Road Reconstruction Total 110347: WAYZATA BAY CAR WASH 09/10/2018 110348 16268 101-42110-402 #235 Car Wash Police Department Total 110348: Yamaha Golf & Utility 09/10/2018 110349 01-217066 101-45210-415 Golf Cart Repair Golf Course Total 110349: YAMAHA MOTOR CORP. 09/10/2018 110350 647455 101-45210-415 18 Golf Carts -Lease Golf Course Total 110350: BURWELL, BARBARA 08/31/2018 110266 08302018 101-22205 Escrow refund 2017-00206 1515 Green Trees Rd Page: 10 Sep 06, 2018 10:57AM Invoice Amount 1,647.00 2,500.00 City of Orono Check Register - COUNCIL REPORT Check Issue Dates: 8/28/2018 - 9/10/2018 Check Check Invoice Invoice GL Account Description Payee Issue Date Number Number Total 20130080: CITY OF ORONO PETTY CASH 08/31/2018 110267 2618CASCO 101-22205 Escrow -Apply to Inv 20140620/20141087 CITY OF ORONO PETTY CASH 08/31/2018 110267 2618CASCO 101-22205 Escrow - Apply to UB 1-126180-00 Total 20130081: Eric & Elizabeth Vogstrom 08/31/2018 110268 08302018 101-22205 Escrow Refund 2015-00006/2015-00967 2618 Casc Total 20130082: GONYEA HOMES 08/31/2018 110269 08302018 101-22205 escrow refund 2017-00563 600 Pinehurst Ct Total 20130083: Kuhlman, Meredith 08/31/2018 110270 08302018 101-22205 Refund Escrow 2017-01081/17-3950 1760 Shorelin Total 20130084: Lee, Jacqueline 08/31/2018 110271 08302018 101-22205 Escrow Refund 2017-00563 600 Pinehurst Ct Total 20130085: Majkrzak, Jeffrey 08/31/2018 110272 08302018 101-22205 Escrow Refund 2016-01209 770 Lakeview Pkwy Total 20130086: McNae, Robert 08/31/2018 110273 08302018 101-22205 Escrow Refund 2017-00386 1840 Fox Street Total 20130087: Shaw, Lyle & Gretchen 08/31/2018 110274 08302018 101-22205 Escrow Refund 2017-00149/16-3874 1750 Shadyw Total 20130088: White, Tim 08/31/2018 110275 08302018 101-22205 Escrow Refund 16-01491 2170 Prospect Avenue Total 20130089: Department Page: 11 Sep 06, 2018 10:57AM Invoice Amount 2,500.00 358.75 164.19 522.94 1,977.06 1,977.06 2,500.00 2,500.00 10,000.00 7,500.00 7,500.00 10,000.00 10,000.00 2,500.00 2,500.00 City of Orono Check Register - COUNCIL REPORT Check Issue Dates: 8/28/2018 - 9/10/2018 Check Check Invoice Invoice GL Account Payee Issue Date Number Number Description Page: 12 Sep 06, 2018 10:57AM Department Invoice Amount Grand Totals: 1,452,558.22 AGENDA ITEM Item No.: 4 Date: September 10, 2018 Item Description: Approval of One Day Temporary Liquor License for On -Sale — 8 To A Lamp Charity Benefit — Otten Brothers Nursery Presenter: Anna Carlson, Agenda Consent Agenda City Clerk Section: 1. Purpose. The purpose of this action item is to approve the One Day Temporary Liquor License for On -Sale for 8 To A Lamp Charity Benefit at Otten Brothers Nursery. The event will be held on September 29, 2018 from 6:00 p.m. to 9:00 p.m. 2. Background. The One Day Temporary Liquor License applicant has met the requirements and have all submitted a complete application. 3. Staff Recommendation. Staff is recommending approval of the One Day Temporary Liquor License. COUNCIL ACTION REQUESTED Motion to approve the One Day Temporary Liquor License for On -Sale for 8 To A Lamp. Prepared By: AMC Reviewed By: AMC Approved By: _19 AGENDA ITEM Item No.: Date: September 10, 2018 Item Description: Approval to Remove LMCD Orono Representative Presenter: Dustin Rief, Agenda Consent Agenda City Administrator Section: Purpose. The purpose of this action item is to remove Mark Kroll as the LMCD Representative for Orono. 2. Staff Recommendation. Staff recommends removal of Mark Kroll as the LMCD Representative for Orono COUNCIL ACTION REQUESTED Motion to remove Mark Kroll as the LMCD Representative for Orono. Prepared By: Sb Reviewed By: -Sb�6Z Approved By: JS)�W AGENDA ITEM Item No.: 6 Date: September 10, 2018 Item Description: Request to Hire Part -Time Police Officer Presenter: Correy Farniok Agenda Section: Consent Agenda Police Chief 1. Purpose. The purpose of this action item is to gain approval to hire a part-time police officer. An opening exists for a part-time police officer. 2. Background. Aleah Lange is currently working as a police reserve officer with our department. Lange has been a reserve with our department since June 2016. Lange has an Associate's Degree in Law Enforcement from Alexandria Technical College and is currently attending St. Cloud State to complete a Bachelor's Degree in Criminal Justice. Lange is excited about the opportunity to work for the Orono Police Department. A conditional job offer has been extended to Lange upon successful completion of a Psychological and Physical (Pre-employment medical) exam. Upon successful completion of these examinations the start date would be September 24, 2018. 3. Staff Recommendation. I recommend to hire Aleah Lange as a part-time police officer at the starting rate of $26.63 per hour with a start date of September 24, 2018. COUNCIL ACTION REQUESTED Motion to approve the hiring of Aleah Lange as a part-time police officer at the rate of $26.63 per hour with a start date of September 24, 2018, upon successful completion of a psychological and medical examinations. Prepared By: Correy Farniok Reviewed By: _Sb)R Approved By: -TV CITY OF ORONO RESOLUTION OF THE CITY COUNCIL A RESOLUTION TO DECLARE THAT THE PART-TIME POSITION HELD BY ALEAH LANGE IS THAT OF A POLICE OFFICER AS DEFINED FOR PURPOSES OF PERA PENSION ELIGIBILITY WHEREAS, that Public Employees Retirement Association Police and Fire Fund excludes part-time police officers unless a resolution is adopted by the governing body to authorize eligibility for coverage in the Police and Fire Fund. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Orono, Hennepin County, Minnesota that effective September 24, 2018, the position Aleah Lange holds is that of a police officer as defined in Minnesota Statutes, Section 353.64, pursuant to which said employee shall become a member of the Public Employees Retirement Association Police and Fire Fund. Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held September 10, 2018. ATTEST: Anna Carlson, City Clerk Dennis Walsh, Mayor AGENDA ITEM Item No.: 7 Item Description: Approval to Dispose of Bicycles Date: September 10, 2018 Presenter: Correy Farniok Agenda Section: Consent Agenda Police Chief 1. Purpose. The purpose of this action item is to gain approval for the disposal of bicycles. 2. Background. The Orono Police Department has 10 bicycles that have been turned in to the department. The bikes were found or abandoned within the city. The following bicycles have not been claimed. All of the bicycles and have been in the department's possession for more than 60 days. The police department considers the bicycles as abandoned property and would like to dispose of them by donating them to Mound True Value. Mound True Value will repair the bicycles and give them to WeCan (Western Communities Action Network, Inc.). WeCan will give the bicycles to children and young adults in the community that are in need of a bicycle. The bicycles that cannot be fixed/used will be destroyed by Orono Public Works. 3. Project Scope. Disposal of bicycles. 17-14752 item 1 bicycle 18-4079 item 1 bicycle 18-5825 item 1 bicycle 18-6373 item 1 bicycle 18-8675 item 1 bicycle 18-8841 item 1 bicycle 18-8953 item 1 bicycle 18-8959 item 1 bicycle 18-9270 item 1 bicycle 18-9590 item 1 bicycle Staff Recommendation. Recommend a motion to approve the disposal of the bicycles to Mound True Value and WeCan. Prepared By: Correy Farniok Reviewed By: -Sb)R Approved By: -TV AGENDA ITEM Item No.: 8 Date: September 10, 2018 Item Description: Approval to Dispose of Forfeited Vehicle Presenter: Correy Farniok Agenda Section: Consent Agenda Police Chief 1. Purpose. The purpose of this action item is to gain approval for the disposal of a forfeited vehicle. 2. Background. The Police Department has a forfeited vehicle that can be disposed. The vehicle was seized and forfeited by the Orono Police Department from a driver that had multiple violations for Driving While Intoxicated. The police department would recommend vehicle be sent to an auto auction. 3. Project Scope. Disposal of a forfeited vehicle. 2005 Ford Explorer VIN#FMDU73K85UA90084 4. Staff Recommendation. I recommend that the disposal of a forfeited vehicle. COUNCIL ACTION REQUESTED Motion to dispose of a forfeited vehicle. Vehicle will be sent to an auto action. Prepared By: Correy Farniok Reviewed By: -Sb)R Approved By: -TV AGENDA ITEM Item No.: Date: September 10, 2018 Item Description: Sanitary Sewer Pump Replacements Presenter: Scott Oberaigner Agenda Consent Agenda Utilities Supervisor Section: 1. Purpose. The purpose of this council action is to gain council approval to replace sewer pumps at Lift Station 1 and Lift Station 23. 2. Background. This year's lift station inspections have reveled two lift stations that require pump replacements. 3. Scope. Replacement of fours pumps and accessories and installation at Lift Stations 1 and 23. 4. Cost. The cost to replace the 4 pumps is $ 31,700. 5. Funding. This equipment will be funded through the Sanitary Sewer Fund. The estimated balance at then Endo of year 2018 is $1,797,833. There is a positive balance this year from our 2018 Lift Station rehabilitations that will cover the expense of these pump replacements. Also Lift Station one is scheduled for a rehabilitation next year which would have included pump replacement. 6. Staff Recommendation. Staff Recommends replacement of the three pumps by Quality Flow Systems. Quality Flows proposal includes KSB pumps which is common to others in our system and includes installation, training and warrantee. COUNCIL ACTION REQUESTED Motion to accept the proposal from Quality Flow Systems Inc for the replacement of three sewer pumps for $ 31,700. Prepared By: Reviewed By: Approved By: -TV AGENDA ITEM Item No.: 10 Date: September 10, 2018 Item Description:LA18-000067 — Kevan Nitzberg, 1212 Briar Street, Variance — Resolution Presenter: Laura Oakden Agenda Consent Agenda Planner Section: 1. Purpose. The applicant is requesting a side yard setback, front yard setback and a detach structure forward of the principle structure for a single car garage. 2. 15.99 Deadline A complete application was submitted July 29, 2018. This application will expire after September 27, 2018 3. Background/ Summary. The applicant is proposing a detached single car garage forward of the principle building and within the front and side yard setback. Currently, there is no garage located on the property. The applicant has stated this garage is necessary due to the extreme weather conditions and safety for the livability of his home. The new garage will be placed over an existing paved parking pad. They will also be removing excess blacktop from the site bringing the lot into conformance with the hardcover Tier 2 standards (30%). The City has previously considered lack of garage parking satisfies practical difficulty. The proposed garage will match the existing home's exterior and with added landscaping around the structure. 4. Planning Commission Vote and Comment. The Planning Commission discussed the proposed placement of the structure and the possibility of moving it on the property to meet the 10 foot side yard setback requirement. Commissioners voted 4-0 in favor of the variances requested. 5. Public Comment. The neighbors to the south submitted an email of support. The application also collected signatures for other property owners in the neighborhood in support of the request. 6. Staff Recommendation. Staff recommends approval. COUNCIL ACTION REQUESTED Motion to adopt or amend the approval resolution approving the variance as requested. Exhibits References Exhibit A. Draft Resolution PC Exhibits Exhibit B. Proposed Survey and Plans Exhibit A. Application Exhibit C. PC Staff Report Exhibit B. Practical Difficulties Documentation Form Exhibit D. Draft PC Minutes Exhibit C. Proposed Survey Exhibit D. Proposed Plans and Elevations Exhibit E. Submitted Hardcover Calculations Exhibit F. Neighbor Submitted Comments Exhibit G. Pictures and Ariel Views Exhibit H. Property Owners List and Map Prepared By: J. Barnhart Reviewed By: -Sb)R Approved By: -TV CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. A RESOLUTION APPROVING A VARIANCE FROM MUNICIPAL ZONING CODE SECTION 78-1405, 78-1435, 78-1511 FILE NO. LA18-000067 WHEREAS, on July 29, 2018, Kevan Nitzberg ("Applicant"), applied for a variance from the City Code for the property addressed 1212 Briar Street and legally described as: Lot 18, and the North Half of Lot 17, Block 2, MAXWELL'S ADDITION TO CRYSTAL BAY (hereinafter the "Property"); WHEREAS, the Applicants have made application to the City of Orono for a variance to Orono Municipal Zoning Code Section 78-1405 to allow a 5 foot side yard setback and WHEREAS, the Applicants have made application to the City of Orono for a variance to Orono Municipal Zoning Code Section 78-1435 to allow an accessory structure to be forward of the principle structure and WHEREAS, the Applicants have made application to the City of Orono for a variance to Orono Municipal Zoning Code Section 78-1511 to allow a 20 foot front yard setback and WHEREAS, on August 20, 2018, after published and mailed notice in accordance with 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 August 20, 2018, the Planning Commission recommended approval of the variances; and WHEREAS, on September 10, 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: CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 1. This application was reviewed as Zoning File # LA18-000067. 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 -1 B Zoning District. 3. The Property contains 0.24 acres in area and has a defined lot width of 75 feet. 4. The Property is within Tier 2 and hardcover is limited to 30% according to the Stormwater Quality Overlay District. 5. Applicant has applied for the following variance[s]: a. Side yard setback b. Accessory structure forward of the principle structure c. Front setback 6. 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 proposed single detached garage is in harmony with the intent of the City Code. The proposed location on a substandard lot forward of the principle home and located in the front and side setbacks should not impede sightlines or change of character of the neighborhood, which follows the general intent of the ordinance. 2. "Variances shall only be permitted . . . when the variances are consistent with the comprehensive plan." Adding a detached single car garage as an accessory structure where no garage is located on the property is consistent with the comprehensive plan. 3. "Variances may be granted when the applicant for the variance establishes that there are practical difficulties in complying with the zoning ordinance. `Practical difficulties,' as used in connection with the granting of a variance, means that: a. The property owner in question proposes to use the property in a reasonable manner, however, the proposed use is not permitted by the official controls. CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. Currently the property does not have any garage space, adding a single car garage in the proposed location on a substandard lot is reasonable. b. The plight of the landowner is due to circumstances unique to his property not created by the landowner. The lot is substandard in area and width to the zoning district limiting the buildable area on the site c. The variance, if granted, will not alter the essential character of the locality. " The neighborhood has many substandard lots with structures places within the setbacks of the zoning district. Adding a single stall garage to this property will not alter the character of the neighborhood. 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 detached garage is an allowed use in the RR -113 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." Most of the properties in the area already have garages, this property is unique with no current garage structure and the substandard lot and limited building envelope. 9. "The conditions do not apply generally to other land or structures in the district in which the land is located." The applicant believed this to be true. 10. "The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant." The applicant has explained this to be true to use a detach garage is necessary to the use and safety of the property. CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 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." The proposed location on a substandard lot should not impede sightlines or change of character of the neighborhood. 12. "The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty." The applicant has stated this to be true. 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 781405, 78-1435, 78-1511 to allow a detached garage in the required side yard and front yard as well as forward of the principle structure on the property, 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 July 16, 2018 and building plans submitted by the Applicants and annotated by City staff, attached to this Resolution as Exhibit 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 new construction 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 (September 10, 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 CERTIFICATE OF SURVEY FOR KEVIN NITZBERG IN LOTS 17-18, BLOCK 2, MAXWELL'S ADDITION TO CRYSTAL BAY HENNEPIN COUNTY, MINNESOTA 50 (949.0) (950.2) 50 LU tZ ,O U O v J O M O' (92.5) O MANHOLE 0 O ..-....... S 89019' 58" E FENCE $572 -- ON--- ON--- (955 �a1 � WELL T(F) a � 3 z to � U / CONCRETE 1 BLA6KTOP I— 20.0 DRIVEWAY to PROPOSED o (G) I� H �I j II� zo0.___.J .- ( ) GARAGE o. 20-0 — ;p p ;(r; ui• 14 0.0 0 ................. (951.2) 1.2 FLOOR ASSOCIATES, LEVEL= (957.9) 1.6 EXISTING Pli 445 NORTH WILLOW DRIVE LONG LAKE, MN. 55356 HOUSE 1.9 #1212 1.9 28.4 DECK (C) (955.3) ,o PAVER a PATIO (D) ;o o� 54.1) 12.1 21.3 nEXISTING ,, � B) 12 HED 06 (956.1) 9 PAVER PATIO (957.9) EXISTING DRIVEWAY TO BE REMOVED WOOD PRIVACY FENCE N 89019' 58" W 140.00 ............. ------------------------------- LEGAL --------------------------- LEGAL DESCRIPTION OF PREMISES Lot 18, and the North Half of Lot 17, Block 2, MAXWELL' S ADDITION TO CRYSTAL BAY o : denotes iron marker (908.3) : denotes existing spot elevation, mean sea level datum - - 917 - - : denotes existing contour line, mean sea level datum Bearings shown are based upon an assumed datum. This survey intends to show the boundaries of the above described property, RECEIVED the location of an existing house and shed, and all visible "hardcover", and the proposed location of a proposed garage thereon. It does not purport to JUL 18 2018 show any other improvements or encroachments. NOTE: ACCURACY OF HARDCOVER LOCATION, AND EXTENT OF ADDITIONAL HARDCOVER IS LIMITED BY ICE AND SNOW COVER. 18-245 GRONBERG AND ASSOCIATES, INC. CONSULTING ENGINEERS, LAND SURVEYORS, & SITE PLANNERS 445 NORTH WILLOW DRIVE LONG LAKE, MN. 55356 952-473-4141 (951.6) 0 0 L6 7-16-18: PROPOSED GARAGE I hereby certify that this plan, specification, or report SCALE was prepared by me, or under my direct supervision, 111=20' and that I am a duly Licensed Land Surveyor under the laws of the State of Minnesota. I DATE 3-2-12 JOB NO. Mark S. Gronberg Minnesota Licen Number 12755 18-245 From: KEVAN NITZBERG Owner To: Laura Oakden Subject: Re: Information needed for Variance Request Date: Thursday, July 26, 2018 11:10:20 PM Hi Laura, Here are the proposed neasurements: Eaves = 12" Slope = 22.5 degrees Peak = 12' Thanks, Kevan ----- Original Message ----- From: Laura Oakden <loakden@ci.orono.mn.us> To: knitzberg999@centurylink.net Sent: Thu, 26 Jul 2018 09:28:14 -0400 (EDT) Subject: Information needed for Variance Request Hello Kevin, I am working with Melanie and I will be handling your variance application for your detached garage. I am looking for a little bit more information for you application. I have attached a letter that outlines all the items that I need. Please feel free to give me a call. I would be happy to answer any questions. Thank you Laura Oakden Planner City of Orono Direct 952.249.4602 2750 Kelley Parkway, Orono, MN 55356 www.ci.orono.mn.us<hU://www.ci.orono.mn.us/> Summer Office Hours: Monday -Thursday: 7:30 am to 5:00 pm Fridays: 7:30 am to 11:30 am All Permitting is done through our new online portal LINK<https://www2.citizenserve.com/orono>! 00'SL R -V M „0-b ,-b L 000 S o m 0'SZ ? 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Staff Recommendation: Planning Department Staff recommends approval Background The applicant is proposing a detached single car garage forward of the principle building and within the front and side yard setback. Currently, there is no garage located on the property. The applicant has stated this garage is necessary due to the extreme weather conditions and safety for the livability of his home. The garage will provide additional storage for the property. The new garage will be placed over an existing paved parking pad. They will also be removing excess blacktop from the site bringing the lot into conformance with the hardcover Tier 2 standards (30%). The applicant has stated that due to the home being located at the end of the road it will not alter the aesthetics of the neighborhood and the proposed garage will match the existing home's exterior and with added landscaping around the structure. LOT ANALYSIS WORKSHEET Section 78-1435 and 1405 - Setbacks: DISTRICT RR -1B Detach Garage <750 sq -ft. Setbacks Required Proposed Front 57' (House Setback) 20' Rear 10' 100' Side (north) 10' 55' Side (South) 10' S' Section 78-420 - Lot Area/Width: DISTRICT Lot Area Lot Width Required 87,120 s.f. (2 acres) 200' Actual 10,500 s.f. (0.24 acre) 75' Section 78-1403- Structural Coverage: Total Lot Area Total Structural Coverage 10,500 s.f. (0.24 acre) Allowed: 2,100 s.f. (20%) Proposed:1,598 s.f. (15.2%) LA18-000067 August 20, 2018 Page 2 of 4 Section 78-1700 -Hardcover Calculations: Stormwater Total Area in Allowed Existing Proposed Overlay District Zone Hardcover Hardcover Hardcover Tier 3,150 s.f. 3,223 s.f. 3,132 s.f. Tier 2 10,500 s.f. (30 %) (30.6%) (29.8%) Applicable Regulations: Side Yard Setback (78-1405 a.6.) The applicant is requesting a 5 foot side yard setback, where 10 feet is required, to maintain access and a second parking location on the property. Garage forward of the principle structure (78-1435) The applicant is requesting the garage be located 20 feet from the front property line which is forward of the principle structure, located roughly 57 feet from the front of the property. Front and Side Yard Setback (78-1511) Within all R districts, all vehicles normally owned or kept by the occupants on the premises must have a garage stall or open parking space on the some lot as the principal use served. Garaae stalls accessory to residential structures may be located anvwhere on the lot other than a required yard area, except that such garages maybe located to within ten feet of an interior side lot line and to within ten feet of a rear lot line subject to this chapter. Open parking spaces on lots must have a location other than a required yard, except that such parking may be located in a rear yard to within ten feet of an interior side lot line and to within ten feet of a rear lot line. The applicant is requesting the garage be located 20 feet from the front property line, where 50 feet is required and requesting a 5 foot side yard, were 10 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 proposed single detached garage is in harmony with the intent of the City Code. The proposed location on a substandard lot forward of the principle home and located in LA18-000067 August 20, 2018 Page 3 of 4 the front and side setbacks should not impede sightlines or change of character of the neighborhood, which follows the general intent of the ordinance. 2. The variance is consistent with the comprehensive plan. Adding a detached single car garage as an accessory structure where no garage is located on the property is 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; Currently the property does not have any garage space, adding a single car garage in the proposed location on a substandard lot is reasonable. b. There are circumstances unique to the property not created by the landowner; The lot is substandard in area and width to the zoning district limiting the buildable area on the site and c. The variance will not alter the essential character of the locality. The neighborhood has many substandard lots with structures places within the setbacks of the zoning district. Adding a single stall garage to this property will not alter the character of the neighborhood. Additionally City Code 78-123 provides additional parameters within which a variance may be granted as follows: 4. 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 detached garage is an allowed use in the RR -1B 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. Most of the properties in the area already have garages, this property is unique with no current garage structure and the substandard lot and limited building envelope. 9. The conditions do not apply generally to other land or structures in the district in which the land is located. The applicant believed this to be true. 10. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. The applicant has explained this to be true to use a detach garage is necessary to the use and safety of the property. 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. The proposed location on a substandard lot should not impede sightlines or change of character of the neighborhood. 12. The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty. The applicant has stated this to be true. The Commission may recommend or Council may impose conditions in granting of variances. LA18-000067 August 20, 2018 Page 4 of 4 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. 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 Analysis Staff finds the request for a detached single car garage in the proposed location is reasonable. The City has previously considered lack of garage parking satisfies practical difficulty. Due to access and the substandard size of the lot the applicant has stated this is the most reasonable location for the structure. Alternatives include placing the garage in the rear yard. There is currently paved blacktop in this location and the applicant will remove any access blacktop and bring the hardcover into conformance with the City Code. Placing the structure and driveway in the rear of the lot would potentially increase the amount of overall hardcover on the property. A Garage will increase to usability, safety and storage for the home on the property making the site more useable for the property owners. Engineer Comments 1. The plan does not depict any changes to grade. 2. The structure and/or any grading done immediately around the structure must not direct surface runoff onto the neighboring property. Public Comments The neighbor to the south at 1224 Briar has submitted an email in support of the request. The applicant has also submitted signatures from other neighboring properties on the road in support of the request. Please see Exhibit F. Issues for Consideration Does the Planning Commission find that that the property owner proposes to use the property in a reasonable manner which is not permitted by an official control? Does the Planning Commission find that the variance(s), if granted, will not alter the essential character of the neighborhood? Planning Staff Recommendation Staff would support a recommendation for approval if the Planning Commission agrees with the proposed findings meeting the variance requirements. List of Exhibits Exhibit A. Application Exhibit B. Practical Difficulties Documentation Form Exhibit C. Proposed Survey Exhibit D. Proposed Plans and Elevations Exhibit E. Submitted Hardcover Calculations Exhibit F. Neighbor Submitted Comments Exhibit G. Pictures and Ariel Views Exhibit H. Property Owners List and Map Exhibit D MINUTES OF THE LA18-000067 ORONO PLANNING COMMISSION MEETING Council Monday, August 20, 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, Bruce Lemke, 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. Acting Chair Lemke called the meeting to order at 6:30 p.m., followed by the Pledge of Allegiance. 2. LAI 8-000067 KEVAN NITZBERG, 1212 BRIAR STREET, VARIANCES, 6:31 P.M. — 6:38 P.M. Kevan Nitzberg, Applicant, was present. Oakden stated the applicant is requesting a side yard setback, front yard setback, and a 20 -foot front yard setback in order to construct a single -car detached garage forward of the principal building. Currently there is no garage located on the property. The applicant has stated this garage is necessary due to the extreme weather conditions and safety for the livability of his home. The garage will provide additional storage for the property. The new garage will be placed over an existing paved parking pad. The applicant will also be removing excess blacktop from the site bringing the lot into conformance with the hardcover Tier 2 standards. A 5 -foot side yard setback is proposed for the south side of the property where 10 feet is required along with a 20 -foot front yard setback. The garage will be located in front of the principal structure and located approximately 57 feet from the front of the property. Staff finds the request for a detached single -car garage in the proposed location to be reasonable. The City has previously considered lack of garage parking satisfies practical difficulty. Due to access and the substandard size of the lot, the applicant has stated this is the most reasonable location for the structure. Alternatives include placing the garage in the rear yard but that could potentially create additional hardcover for access. There is currently paved blacktop in this location and the applicant will remove any excess blacktop and bring the hardcover into conformance with the City Code. A garage will increase the usability, safety and storage for the home on the property making the site more useable for the property owners. The neighbor to the south at 1224 Briar has submitted an email in support of the request. The applicant has also submitted signatures from other neighboring properties on the road in support of the request. Planning Staff recommends approval of the request if the Planning Commission agrees with the proposed findings. The Planning Commission had no questions for Staff. Kevan Nitzberg, Applicant, stated Staff has done a great job. Nitzberg noted they do not currently have a garage and that previous owners went through the same process for a two -car detached garage but then decided to sell the property. In their view a 20' x 24' structure would be too big and cover up too much of the house so they are instead proposing a single -car garage at 14' x 20'. Page 1 of 2 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, August 20, 2018 6:30 o'clock p.m. Thiesse asked if the applicant is happy with the 20 feet deep. Nitzberg stated he is and that they are proposing the 20 feet to accommodate off-street parking for guests. Thiesse stated his only concern is that a 20 -foot deep garage may not be deep enough to accommodate some vehicles. Nitzberg indicated he and his wife both drive compact cars. Lemke asked why a 5 -foot setback is proposed rather than the required 10 feet. Nitzberg stated it is partially aesthetic since the garage would cover up more of the house if it was at ten feet. Chair Thiesse opened the public hearing at 6:36 p.m. There were no comments relating to this application. Chair Thiesse closed the public hearing at 6:36 p.m. Ressler commented the application appears to be fine. In regards to the 5 -foot setback, if the applicants were proposing a two -car garage, they would need to go over that far to accommodate it. Lemke stated he has a little bit of an issue with the 5 -foot setback and that he does not see a practical difficulty for it. Thiesse noted a 10 -foot setback would place the garage more in front of the house. Lemke moved, Ressler seconded, to recommend approval of Application No. 18-000067, Kevan Nitzberg, 1212 Briar Street, granting of a side yard setback and a front yard setback to permit the construction of a one -car detached garage. VOTE: Ayes 4, Nays 0. Page 2 of 2 AGENDA ITEM Item No.: 11 Date: September 10, 2018 Item Description: Orono Oaks Private Road Maintenance Presenter: Adam T. Edwards Agenda Public Hearing Director of Public Works/City Section: Engineer 1. Purpose. The purpose of the council action is to address the lack of maintenance and safety issues with Orono Oaks Drive. 2. Background. Orono Oaks Drive is a private road with in the City of Orono. Per the Declaration of Covenants, Conditions and Restrictions for the Orono Oaks Association, Inc, dated November 30t'', 1978, the homeowners association (HOA) is responsible for the maintenance of the roadway and the stormwater/ drainage improvements. The covenants and easements do allow for the City to intervene if the HOA fails to maintain the street and drainage (Exhibit A). A resident raised concerns with the conditions of the road to city staff (Exhibit B). Staff inspected the roadway and found that the roadway had been compromised by a partially excavated culvert. This excavation presents a safety risk to the public. The pavement is in poor condition and should be repaired/ replaced. Vegetation is growing over the side of the paved road along some segments of the road. The cul-de-sac has been encroached by the abutting wetland, assumedly because of the failed culvert. City staff and Council discussed the issue at the August 27' Work Session. Notice of a Public Hearing for September 10' were published and a letter sent to each homeowner within the development (Exhibit C). 3. Issues. a. The partially excavated roadway poses a safety hazard to the public and could hamper the ability of emergency and service vehicles to access the residences at the end of the road. b. The pavement and right of way is in need of repair and maintenance. 4. Options. a. The City could make emergency repairs to replace the culvert and path the street above it. b. The City could replace the pavement/ repair the culvert and manage the vegetation in the right of way. c. If petitioned by the residents, the City could make the road a public road. In doing so the road would be brought up to current City standards with all necessary repairs being made. While initial expenses might be borne by the residents of Orono Oaks, the long term maintenance including winter maintenance would then be borne by the City. 5. Process. Should the City decide to take action the process is outlined in Section 14 of the covenants (Exhibit A) In summary the city can: a. Step 1. Hold a public hearing to define the procedures for the HOA to correct any deficiencies. b. Step 2. If the HOA does not correct the deficiencies within 30 days the city can correct the deficiencies and bill the HOA. c. Step 3. If the HOA does not pay the bill the City may assess the residents. 6. Staff Recommendation. Staff recommends the HOA and council agree upon a procedure to repair the culvert and associate hole in the pavement as soon as possible. COUNCIL ACTION REQUESTED 1. Establish produces to repair Orono Oaks Drive in accordance with the development covenants. 2. Move to direct staff to repair the culvert and associated pavement should the HOA fail to do so. Prepared By: Reviewed By: Approved By: -TV Exhibits Exhibit A. Declaration of Covenants, Conditions and Restrictions for the Orono Oaks Association, Inc., dated November 30th, 1978. Exhibit B. Email from concerned resident Exhibit C. Letter to residents, dated August 28th, 2018. Prepared By: Reviewed By: :-'Y- Approved By: -TV RESOLUTION NO. 957 A RESOLUTION APPROVING THE PLAT OF ORONO OAKS a R-0 WHEREAS, the City of Orono is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS the City Council of -the City of Orono has adopted subdivision -regulations for the orderly, economic and safe development of land, within the. City; and -WHEREAS, the. City. Council has considered the -application for a subdivision plat by Richard Neslund (Colpeppe* r Land Company) ...and Ralph Carlson Companies, Inc., the subdivider; and WHEREAS, the subdivider has completed all requirements of the platting regulations of the City, including: Platting of the property into Single Family Residential •.lots e ing e t* , the. zoning code performance standards for the mzoning ` 47 RR -1B zohin . use. -district, including a density ratio RR 9 of at least 2.0 acres of .-dry-buildable land per dwelling unit and site investigation to determine on-site .sewage treatment ,.,4.system capabilities on each such lot. 2. Dedication on the plat of rights of way -for public streets and roads,. shown as Orono Orchard Road North. 3. Creation of a new, vrivate road shown an the plat as Outlot A, to be 'Known henceforth as Orono Oaks Drive. Concurrent with the creation of this private road the subdivider has dedicated to the City, a Road and Utilities Easement (Exhibit A) granting to the City permanent access, improvement and utility easements over said Outlot. The City does not intend to acquire or - open said road as a public roadway but does intend to ,: ; ,';:.; ; .,., assure permanent access for emerg ency vehicles, public service vehicles And other invited guests of the individual owners' of said road. 4. Creation of a new Private Driveway Easement Exhibit B) for ingress, egress• and utility purposes Over Lots 10 & 13 in -favor of. Lots 9 & 10. R-0 t _ Resolution No'. Page 2 5. Creation of a Homeowner's Association to be known "Orono - as Oaks Association, Inc.", for purposes to include the "owning, managing, maintaining, repairing, replacing and operating" of the Private Road and other �.` -commonly owned properties, which maintenance shall ensure a continuing standard of quality equal to the quality.*approved by the City as a part of this Subdivision or as otherwise may be required from time to time by Ordinance of ..he City. b. Dedication on the plat of "drainage easements" and "drainage and utility easements". 3 T. Dedication to the City of a Flowage and Conservation Easement (Exhibit C) providing for limitations on the use of wetlands and/or drainageways described therein and.shown on the plat as "wetland" and/or "drainage -easements". 8. ExecrLion of an Improvement Agreement providing'forthe installation and/or payment for the installation of »; certain Roadway Improvements to Orono � Orchard Road Y involving the change of grade of said Rdad to improv;,_ the safety of the intersection of said Road with the new Private Road. 9.. Payment to the City of a Park Dedication Fee in the amaunt of $3,250.00. 10. Payment of all ,Variable Additional Costs incurred b the in y City processing and review of this subdivision application according to Ordinance. '..NOW, the City THEREFORE, BE IT RESOLVED, that the City Council of of Orono hereby approves the, plat of Orono Oaks, Hennepin County, Minnesota; subject -to the following conditio.zs; Pending completion of the agreed upon Improvements i r to Orono Orchard Road, the subdivider shall close to all _.. traffic the permanent intersection on Outlot A and shall`` provide a temporary intersection and roadway across lot 12 to connect Orono Orchard Road and the new Private Road. ,,, Upon completion of the Improvements { s; satisfactory to the City, 'the existing temporary intersL-etioti across lot. 12 shall � .be closed and removed by the subdivider and/or the owner of lot 12, and the intersectio permanent " 'r , Asha n on Outlot ll be opened to use. { Resolution No. Page 3 2» 'No access or curb cut shall be permitted onto Orono Orchard Road except for the new Private Road (for Lots 1-9, lj & 12) and the new Private Driveway (for Lots, 9, 10 & 13). '3. Installation of septic systems on most lots may require additional testing and./or installation of innovative designs such as mound systems, which testing and/or design will be required before issuance of any building permit. This condition is required for compliance with Ordinance 210 because the subdivider has not provided complete soil boring a information for determination of water table depth and because the areas previously tested for percolation on certain lots have been disturbed during site grading operations„ 4. Because of overall lot density, Lots I & 3, Block 1, are approved as building sines even though being less than 2.0 acres of dry land with the s;iptilation that all setback distances shall be met and no setback variances will be permitted. 5. The aforesaid plat shall be filed with. the Hennepin County R.ecurder"s office on or before May 14, 1479 together with a certified original copy of this Resolution and executed copies of Exhibits A, B, & C at mated above. {' 'the approval granted by this Resolution shall expire if the plat has not been filed by the date specified above_ In that event, it Will °.` be necessary to file a new application with the City of Orono for subdivision review. luted this fourteenth day of November t � iq 74 �'. '�. �, % �' :: ' , iii � L•�e William B. Van west, Mayor ATTESrz t. ,we., dal ter R. ev,4zfi, Clerk/Ad.-ainistrat-or STATE OF MINNESOTA. COLWTY OF HMEPIN CITY OF ORONO . The undersigned duly qualified and acting'City Clerk/Administrator of the City, of Orono hereby certifies that attached hereto is a true and correct copy of the- original heoriginal Resolution passed bar the City -Council of the City of Orono as November 18 19 78 approving - the �. _. Plat of Orono a s on file in the office of the City Clerk/Administrator, City of Orono. 'WalterR. sora, Clerk/Administrator tY <. Dated this Nineteenth day. of December � 1978 5 i3 1. j r rte.. STATE OF MINNESOTA. COLWTY OF HMEPIN CITY OF ORONO . The undersigned duly qualified and acting'City Clerk/Administrator of the City, of Orono hereby certifies that attached hereto is a true and correct copy of the- original heoriginal Resolution passed bar the City -Council of the City of Orono as November 18 19 78 approving - the �. _. Plat of Orono a s on file in the office of the City Clerk/Administrator, City of Orono. 'WalterR. sora, Clerk/Administrator tY <. Dated this Nineteenth day. of December � 1978 5 i3 1. j r a Pw VgW ggg UTI .iTIES -ASSENT THIS I1 -DENT UPF', made this day of by' and between Ralph Carlson ConPanies, Inc_ . " a -tea corporation hereinafter referred to as "Grant.or{sj, and the City of Orono, a municipal ..orporation, under the laws of the State of Minnesota, hereinafter referred to as "Grantee". WIT;`i£SSETH, that Grantor (s) , in consideration of the sum of One Dollar ($1.00 and for other good and valuable considera- tion given by.Grantee, the receipt of which is acknowledged by Grantor(s), do(es) hereby grant, bargain, sell and convey to Grantee, its successors and assigns, an easenent for public ingress, egress, access, road and utilities purposes and uses, on, across and under the land in the County of Hennepin and State of Minnesota as follows: Outlot A, Orono aks, as filed and of record in the office of the Recsistrar of Titles,.in and for Hennepin County, Minnesota including, but not by Way of limitation, a full and free right and authority to enter upon said land to construct, instull, maintain, operate and repair a sanitary sewer lift, station, sanitary sever irterc ptor, sanitary sewer main or ]vine, ;ravel or ;graved road and any, ani all appurtenances incidental arn3 related thereto, ` (such are ber a of ter collectively referrer to as the Improvement) , and the Grantee shall have the 'right to make such use knf said land as is reasonably neces ary and advisable to the installation, maintenance, operation and repair of the Improvement. In addition to any other remedy the Grantee may have, Vic covenants and restrictions contained hereiA may be enforced by injtinction. I Ap TO HP.Vt'Ah'D TO HOLD said easenent unto said Grantee, its successors -and assigns, perr-anently. The Grantors) herein certify that the lands herein described are free and clear of all encuMbrances except: IN WITNESS WH-EREOF, said Grantor(s) have set hand (s) on the day and year first above written. R 1ph arlson its President STATE OF MINNESOTA COUNTY OF HENNEPIN On this day of _119membe- 197a_, before me personally.appeared Ralph Carlson to me known to be the per in and whZi-sig7n--ed the foregoing instrument, and acknow1edged that they executed same as their free act and deed. (;CRALD 9. IwJAUER r.0TARy pUS, r*v'13 �th WRIGHT COUN-Y­ C �klrt v My Ccmmission EvLwes Ap:i 7. g NotaryPublic STATE DEED TAX .DUE HEREON.- Exer,,pt This.Instrument was Drafted By: HAIK, SCHNOBRICH, . XAUFIKAN DOTY, Ltd. 4344 IDS Center Minneapolis, Minnesota 335-9331 ff - i.. i s NECGE c J`: t, fi � t 1. �✓O DECLARATION OF C01VENANTS, CUliDITIO'IS ,�23D RESTRICTIONS NOV :3 1978 FOR ORONO OAKS ASSOCIATION, INC. MY OF ORONO THIS DECLARATION, made this,�Xh' day of November, 1978,�� by Ralph Carlson Companies, Inc., a Hinnesota corporation, herein- afte.: called "Declarant"; WITHES SETH : r WHEREAS; Declarant is the owner in fee of certain areal property located in the County of Hennepin, State of Minnesota, :legally described as follows, to -wit: t: Lots 1 through 3.3 , both inclusive, Block 1, and Outlot ° R all in Orono Oaks,.Henne in County Minnesota according -to the recorded plat thereof: Asaid land hereinafter sometimes referred to as the "Property") r ; _ arida r.>• a WHEREAS, Declarant intends that the Prop--rty be y.+` developed for single family residential purposes arid, for that �c purpose wishes to provide for the preservation of the value and ,X F: amenities in said Property and for the maintenance of certain ease- emnts•,and common access as -herein defined, and to this end is sub-- jecting the Property - to the covenants, conditions, restrictions, „�- ` ?ht easements', charges and liens hereinafter set forth, each and all of t`i', which is and are for the benefit of said Property and each Owner { V0. ,r thereof las hereinafter defined)- NOW, efined);NOW, THEREFORE, Declarant declares hereby that! the said. Prope'.4y is and shall be, held, transferred, conveyed, sold, and occupied :subject to the foll6wing covenants, conditions, restrictions, zeasements, charges and liens which are for the purpose of protecting 1, Vc-,., ,' the value, desirability and. attractiveness of the Property and which shall xxtn with .the Property and be binding upon all. parties having any right, title or interest in 'Uhe property, their heirs, successors and assigns,, and .shall inure to the benefit r;f each Owner thereof and the hears, succosuors and uttigns of each Owner, and z►:re imposed 4 upon the Property as a servitude in favor of each of said Lots: 1. Definitions. The following words when used in this Declaration (unless the context shall prohibit) shall have the following meanings: A. "Property" shall mean Lots 1 through 13, both inclusive, Block 1, and Outlot A, all in Orono Oaks, Hennepin County,.Minnesota, according to the recorded plat thereof. B. "Owner" shall mean the record owner, whether one or more persons or entitles, of a fee simple title to any Lot which is a part of the Property including contract sellers, but exc3udine those having.such interesL merely a:: security for the performance of an obligation .Sri- X '•t, y t.< C. "Common Roadway" shall mean Outlot A, Oronc Jaks, Hennepin County, Minnesota, and shall be converted to the Association ` prior to the first conveyance of a Lot by Declarant. D. "Common Driveway" shall mean a 30_0 foot strip over .t" and across that part of Lots 10 and 13, Block 1, Orono Oaks, Hennepin County, *Minnesota, according to tha recorded plat thereof , being 15.0 feet on each side of the following described line: Commencing at the most southerly corner of said Lot .13; g Y thence on anassumed bearing of North 47 degrees 22 minutes 34 seconds West, along the southwesterly line line of said Lot 13 a distance of 198.02 feet to the- point hepoint of beginning; thence North 67 degrees East, 245.00 feet; thence North 41 degrees East, 190-00 feet:; thence North 55 degrees East, 60.00.flet; thence North 76 degrees East, 55.00 feet; thence North 84 degrees East,115.00 feet; thence North 57 degrees East, 50 feet and said line there terminating. "Drainage Easements" shall mean those certain portions of Lots so designated on the plat of Orono Oaks, but not in- cluding "utility and drainage easements" as therein designated. F. "Utility and'Drainage Easements" shall mean those H,t certain portions of Lots so designated on the plat of Orono Oaks, but ;4 not including "rirainage easements" as therein designated. G. "Lot' shall mean any of the following: l Lots 1 through 13, bt>th inclusive, Block 1, Orono �,'.. Oaks, Hennepin County, Minnesota. I -2- + .. H. "Association" shall mean Orono Oaks Association, Inc., a Minnesota non-profit corporation. I. "Member" shall mean any Owner who is a member of the Association as provided herein. J. "Declarant" shall mean Ralph Carlson Companies, Inc..., a Minnesota corporation, its successors and assigns if such successors or assigns should acquire more than -one undeveloped. Lot frau the Declarant for the purpose of development. K. "Declaration" shall mean and refer to this Declaration.of Covenants, Conditions and Restrictions. 2. Easements. Every Owner shall have a non-exclusive F right and easement for ingress and egress to his Lot and for,utility, water, drainage and sewer installations serving-his Lot,` over and ;.; upon the Common Roadway and for utility, . water, drainage and sewer installations serving his Lot, over and upon the Utility and Drainage MeA° Easements.: In addition, every Owner shall have anon-exclusive right '. and easement for drainage purposes over and upon the. Drainage Easements. The Owners of Lots '9, 10, and 13 shall each have a non-exclusive right and easement for ingress and egress.to'hi:s Lot and for 'atility, water and sewer installations serving his Lot, over and 'upon the .Common �F Driveway The rights Drihts and easements hereby Y Y granted shall be appurtenant •�F to and shall pass with the title to every Lot, and shall be subject Y . 3 . to +..he i::lawing Conditions: •Q,; ; A. The right of the Association. to pass reasonable <z rules with respect to the use of the Common Roadway, Conmon Driveway and other easements for the health, comfort, safety and welfare of ;, persons using the same. _,. B. The right of the Association to levy assessmentrt as provided in this Declaration; to ; C. The rights of the Associaticn, Declarant and City ; of Orono reserved hereinbelow. "Any Owner may delegate in accordance with the By-laws of �5 i.,;.:the Association. his rights of enjoyment herein granted to residents .of his Lot,. including membere of his family, his tenants or contract ,.. purchasers. -3- Driveway. 3. Association's Riahts in Common Roadway and Common A. The Association shall have the right and duty to manage, build, reconstruct, repair, maintain and improve the Common Roadway (and to pay all taxes and assessments separately assessed against the same); the. Common Driveway, .the Utility and Drainage Easement and the Drainage Easement, but in each case only to the extent not inconsistent with easement rights and restrictions granted contemporaneously herewith in favor of the City of Orono. B. The Association shall have an easement over and upon the Common Roadway and Common Driveway for the installation an zAd maintenance of •� y and all pipes, wires and other conduits of matter of energy necessary or desirable to serve any Lot. C. The Association shall have the right to dedicate or ' transfer all or any part of the Common Roadway and its easement rights in the Common Driveway to the City of Orono or its successors, ; .nd shall have the right to dedicate or transfer easement and access w; 'rights in all or any part of the Common Roadway and Common Driveway to any governmental subdivision or public agency or utility. No such'dedication or transfer under the provisions of this paragraph shall, however, be effective unless assented to in writing by owners � sof all of the Lots abutting the Compton Roadway or the Co=on Driveway,, ." (as the case may be) and unless approved and accepted by the City of Orono or its successors. 4. Declarant's Rights in Common Roadway and Common Driveway { A. Declarant'.s agents, employees, guests and invitees V shall have the right of access over and across the Common Roadway a..r_d ,-.Common Driveway so long as Declarant owns any unsold bots, and .:Declarant shall have the same rights an any other Owner as to Lots aYA i . owned by it from time to time, except as otherwise specified herein. B. For the period of one year from and after the date of --filing of this Declaration, the Declarant shall have the right by ', instrument duly recorded within -that time to grant to any governmental r bodies or. any public or privpte utilities perpetual or limited fir, •r; . unsements over, under, or across the Common Roadway, Common Driveway and.t'tility and Drainage Easements for -the installation and main- tenance.of elec':.ical and telephone conduit and lines, natural gas pipes, sanitary sewers, storm sewers, water pipes, cable television or other utility services to serve any Lot. S. No Dedication to Public Use_ Nothing contained in this Declaration shall be .construed or be deemed to coi.:stitute dedication, express or implied, of any part of the Common Roadway or. Common Driveway to or for any public use or purpose whatsoever. 6. Membership and Votinq Rights in AssociatSon. A. Membership_, Every owner of a Lot subject to assess- ment, except as herein provided to the contrary, shall be entitled and required to be a member of the Association. If title to a Lot ;y is held by more than one person, each of such persons shall be a member. An Owner of more than one Lot shall be entitled to one membership for each such Lot. Each such mesinbershin shall hp appurtenant to the Lot .upon which . it .is based and shall transfer automatically by voluntary or involuntary conveyance of the title of that Lot. No person or entity other than an Owner or Declarant L.w, ., .7•.i. ' may be a member of tee Association, and a membership in the Associa- tion may not be transferred except in connection with the transfer s�.• of title to that Lot. B. Transfer_ It shall be the responsbility of each owner, upon becoming entitled to membership, to so notify the Association in waiting, and until so notified, the Association may `-• continue to carry the name of the former Owner as a member, in its ' sole discretion. in the Event the Owner of any Lot should fas.l 4 refuse, to transfer the membership registered in his name to the transferee of the title of such Lot, the Association shall have the right : to . record the transfer upon' the books of the Association and . issue a new membership to the transferee, and thereupon the old membership outstanding in the name of the transferor shall be null ins•_;,. =and void as though the same had been surrendered, -5- C. Voting. All members shall be entitled to one vote for each Lot owned. When more than one person holds an interest in any Lot, all such persons shall be members. The vote for such Lot shall be exercised as they among themselves determines, but in no event shall more than one vote be cast with respect to any one Lot. TI -ere can be no split vote. In the case of Lots owned by a corporation, partnership or trust, or by more than one individual, prior to or at the time of any meetinct at which a vote is to be taken, each co --Owner or other person entitled to a votQ at such meeting shall file with the Secretary of the Association the name of the.voting co -Owner or other person entitled to a vote at such ` meeting, unless such co -Owner or other persons have filed a general .,. voting authority with the Secretary applicable to all votes until rescinded. D. Suspension of Voting Rights. In the event any q;.:.. Owner shall be in arrears in the payment of any amount due under !A' any of the provisions of this Declaration for a period of fifteen ' (15) days, or shall be in default in the performance of any of the terms of this Declaration for a period of fifteen (15) days, such owner's right to vote as a member of the Association shall be � y suspended and shall remain suspended until all payments are brought y current and all defaults remedied. 7. Assessments. rY, A. Personal Obligation. Declarant, for each Lot owned it within the Property, hereby covenants, and each Owner -of a Let by accegtar_.:e o"title by deed or otherwise therefor; whether or. not.it shall be so expressed: in any instrument of conveyance,. off' ,,,.; .• .� shall be and is deemed to covenant and hereby agrees to pay to the =`. Association:a) annual assessments or charges, which shall be �4 payable in regular installmt:nts and shall include, but not be ,,S limited to, hazard and ?lability insurance for common property .- (if, any), and an ac:equate reserve fund for maintenance, repairs and =' :zaplac:ement of those elements of the common property that must replaced on aperiodic basis, and (b) special assessments for capital improvements, such cssesstt;,:nts to be established and collected as hereinafter.Drovided. Any assessments authorized herein, together with interest, costs and reasonable attorneys' fees, shall be a continuing lien from the date payable against the Owner's fee interest in the Lot assessed. Each assessment, together with interest, costs and reasonable attorneys' fees, shall also be the personal obligation of the person who was the Owner of such Lot on the date said assessment became due and payab}e. Such personal obligation of an Owner shall not pass to his .successors in title or interest unless ,R.. expressly assumed by them or unless prior to such transfer, a notice :of lien'for such assessments: shall have been filed in writing with the appropriate office of real estate records for Hennepin Ccunty, i Minnesota. No Owner shall escape liability for the assessments which fell due while he was the owner by reason of non-use of the _. Common Roadway or Common Driveway or non-use, transfer or abandon - ,.,.a... ire2-it 'of his Lot. r g� B. Purpose of Assessments. The assessments levied by the:Association shall be usind exclusively to promote the health, t safety and welfare of the Owners and residentii; 'of the -Property, and toconstruct, manage, improve, maintain, repair and administer ' � f rw;ra the Common Roadway, Common Driveway and all improvements, roads, landscaping, and pipes, wires or other conduits of matter or energy located upon either, or upon the UtiYity and Drainage Base- rients and to maintain the Drainage Easements. C. Annual Assessments. The Board of Directors shall fix the annual assessment each year in accordance with.the pro- visions set forth in the By -Laws of the Association. D. Special Assessments. In addition to the :annual assessments authorized above,"the Association may levy, in. any ssment year, a special assessment for the purpose of defraying, in whole or in part, the cost of any construction, reconstruction, repair or replacement of a capital improvement upon the Common .Roadwa or Common Driveway, including fixtures .and Y � personal X `'t property related thereto, provided that any such assessment shall have the assent of the owners of all of the Lots abutting the _7_ the Common Roadway or Common Driveway (as the case may be) voti:ig in p-zson.or by proxy at a meeting duly called for this purpose. E. Notic,, and Quorum. written notice of any meeting called for the purpose of taking any action authorized under para- graphs C and D above, shall be sent to all Members not less than ,1J s thirty (30) days nor more than sixty (60) days in advance of. the :a meeting. At the opening of such meeting, the presence in person or by proxy of Members entitled to cast sixty percent (60%) of the - . : votes of the membership shall constitute a quorum, if the required quorum is not present, another meeting may be called subject to the R same notice requirement, and the required quorum at the subsecrue;nt n., meeting shall be one --half (1/2) of the required quorum at the pre- ceeding meeting. No such subsequent meeting shall be held more than sixty '60) days followingthe preceding meeting. , 4 F. Rate of Assessment. Assessments relating to the 7e , .1 y -• —, •..' . ti Common Roadway shall be assessed at a uniform rate against Lots 1, f r 2',-3, 9,'5, 6, .7, 8, 11 and 12, Block 1, Orono Oaks, provided that of an:'improved accessway is constructed by or at the direction of ,the Owner of Lot 9 onto_Outlot A (other than for temporary construction:, - s`.�.purposes),,,then Lot 9 shall also thenceforth be included in such r uniformassessment. Assessments relating to the Common Driveway s shall be -assessed at a unform rate against Lots 9, 10 and 13, pro- vided that the. Owner of Lot 9 (with the written consent of the holder of any then outstanding first mortgage) may relinquish its rights, in . the Cornton Driveway, and shall thereafter be relieved of , V' future assessments. Assessments relating to the Utility and Drainage w i Easements or to any other proper purpose of the Association shall be assessed at`a uniform rate for all Lots. Nothing herein contained `shall i• t r-revent the Association from performing services not inconsistent • s ;_ with this Declaration at the instance of one or more Owners for the J C- ` xT particular benefit of their Lets, and to charge the cost thereof only �? to such Lets. Declarant, in lieu of paying assessments for Lots owned T� '�` • by 'it, may elect y to pay the deficit, if any, between the assessments Iy� , collected and the budgeted expenses_ Annual assessments shall be #`r�=7 ? 0, >a �-collected on a semi-annual basis and special assessments shall be ,t,.collected as the Board determines. G. date of Commencement of Annual Assessments: Due Dates. 3 The annual assessments provided for herein shall commence as to all Lots on. the first day of the month following the recording of -this.. sr, Declaration, subject to the abatements specified above. The first '-, annual assessment shall be adjusted according to the number of months remaining in the calendar year. wY• H,Commencement of Annual Assessments. B November 30 h { y :'. x of each year the Board shall fix the amount of annual assessments, against each Lot„for .the following calendar year and shall send a written notice, thereof to each Owner. The due date. for payment of annual assessments shall be as set by the Board. At the time the 1, Board (races the amount of annual assessments it shall.adopt.a rt: budget for the following calendar year and cause a copy -of such ` u 4. ; . ht budget in treasonable detail to be furnished to each Owner---, xr 1. Proof of Payment. Upon written demand of an Owner oz. Mortgagee at any time, and for a reasonable charge, the Association { shalla written certificate signed by an officer of the. y ,furnish ' Association setting forth whether there are any then unpaid annual tr 4 or special assessments levied against such Owner's or Mortgagee's Lot.�'Sudh certificate shall be conclusive evidence of payment of : :JsF�_I,any annual or special assessments not stated therein as unpaid... y�,yl� %-/�'4y,L�� ,A y•. i. Non a ent of Assessments. Any assessments which are paid :when due shall be deemed delinquent. if an assessment is paid, within thirty (30) days after the delinquency date, it '• shall bear interest from the delinquency dare at the rate of six -"..percent (6%) per annum and shall become a continuing lien in favor. *;:of .the.Association on the Lot against which assessed and the improve - 3 }ments thereon and the Association (or any Owner.ac:ting in the name r ;and for the benefit of the Association) may bring an action at law or.in-equity against the person persoi..�lly obligated to pay the including interest, costs and reasonable attorneys, .fees for Yam y such action, which shall be added to the amount of .such assess- est j ad included in any judgment rendered in such action, and the ition may also enforce and foreclose any lien it has .or which st for its benefit. '•'� K. Recording and Enforcement of Liens. To evidence for sums assessed pursuant to this Declaration the Association :pare a written notice of lien setting forth the amount of ;essment, the date due, the amount remaining unpaid, the name Owner of the Lot, the name of the person personally obligated the'same and a description of the Lot. Such a notice shall :ed by 'an officex of the Association and it or a notice of claim thereof may be recorded in the appropriate office of ;tate records for Hennepin County, M.I,nnesota. No notice of ►all'be recorded until there is a delinquency in a p ymestt of ;essment for thirty. (30) days. Upon such a delinquency for � :(30)...days, the Association shall proceed promptly to enforce !n. or, in its discretion, to sue the person personally liable the ,lien for the delinquency. Such lien shall be enforced by in the same manner in which mortgages on real property may be )sed in .Minnesota. in any. such foreclosure, the person ._ ally obligated to pay the lien shall be required to pay all'. :)f foreclosure including reasonable attorneysfees. All _such .;' ind expenses shall be secured by the lien being foreclosed hall also rson personally obligated to pay the lien sbe �? ad.to pay to the Association any assessments against the Lot,; shall become due during the period of foreclosure. The ation shall have the right and power to bid at the foreclosure r'other legal sale and to acquire, hold, convey, lease, rent, er,,use and otherwise deal with the foreclosed int::rest in t as the Owner thereof. L. Subordination of Lien. The. lien of the assessments ed for herein shall be subolydinate to the lien of any'`3.rst ge, and to tax liens and liens for special assessments in of any taxing and ,assessing unit of government. Sale or:transfer Lot or any interest therein shall not affect the assessment. -10- q 4 lien except that he sale or transfer of any Lot pursuant to mortgage foreclosure or remedies provided in the mortgage, or any proceeding r- f, in lieu thereof, shall. extinguish the lien of such assessments as to charges which accrued prior to such sales or transfer. No suc.^, s sale or transfer shall relieve a Lot from liability for any assess 4a��`; m e n t s thereafter becoming due or from the lien thereof or shall .,relieve the person personally obligated to pay the lien of personal liability for assessments due prior to such sale or transfer or acquisition of. premises. a nesidual Power of Declarant. Upon the conveyance of ` the last Lot to an Owner other than Declarant, .all surviving powers of Declarant, if any, which are created by this Declaration and are 2J peculiar.to Declarant shall pass to the Association,. but Declarant shall enjoy the same rights as any other. Owner as to Lots from ' tame to time owned by it thereafter. 0^ . �` 9 , :.; Compliance with Laws. All uses of the land herein described shall comply with all applicable laws, ordinances and t •xagulati,ons of the City of Orono, the County of Hennepin and .the e.. State of Minnesota. Said laws, ordinances and regulations shall f , govern if inconsistent herewith and if more restrictive than these If( 'covenants, but only to the extent actually inconsistent and more ' `restrictive. if not inconsistent herewith, the restrictions herein '-M''_., contained shall be considexed as requirements in addition to said " r' '" x, haws, ordinances and regulations. �j'; �JA� • a s''`'• 10. Enforcement. The Association, or any. Owner, shall t have the right to enforce, by any proceeding at law or in equity, all restrictions, conditions, covenants, reservations, liens and charges now or hereafter imposed by the provisions of this x Declaration. Failure by the Association or by an Owner to enforce t. any covenant or restriction herein contained shah in no event be- deemed a waiver of the right to do so thereafter. l �--- -- 11. Term and Amendment. The covenants and restrictions ~+? of. this Declaration shall run with the land, and shall be binding .k' on all owners of the Lots and all persons claiming under them, for :� n• a period of 30 years from the date this Declaration is recorded, after which time said covenants shall be automatically extended for successive periods of 10 years unless an instrument, signed by the then Owners of not less than 75%. of the Lots and by the City j of :Orono, has been recorded agreeing to change said Declaration in whole or in part. :s r i 12. Annexation. Additional residential property and �` }+ , common land.m'ay be annexed to the Property with the written consent of the then Owners of not less than 75% of the Lots and of the City of Orono. 13. Merger and )issolution. The Association may be ' rnra�inn of similar purposes or dissolved merged with a non-profit cozy____. p p but only in each case with the assent given in writing and signed ►. "..t by. not less than 75% of the members.. 1pon dissolution of the ;M� Association, ether than incident to a merger or consolidation, the Q, assets of-the Association shall be dedicated to an appropriate public agency to. be used for purposes similar to those for whish this R s' Association was created, provided, however, (if such agency' not r .theCity of Orono) that the City of Orono be given 30 days prior written notice thereof, and during said 30 days the City may elect to Ireceive such dedication on the same terms and conditions as those acceptable, to such other public agency. In the event that such dedication is refused. acceptance, such assets shall be granted, conveyed and assigned to any . non-profit .corporation, association, trust or other organization to be devoted to such similar purposes_ 14. Action by City to Cure Deficiencies. In the event the Association fails to maintain the Common Roadway, Common Drive-- �a" way and Drainage Easements in.good repair or fails to pay taxes or assessment on said.common properties as.tney become due,-the City e of Orono may issue a notice to said Association setting forth the _--nature of the Association's deficiencies and shall set a hearing to discuss said deficiencies. This hearing shall be conducted by the y ,City Council no.sooner than ten (10) days nor later than thirty —12— Fs after a notice, setting forth the date, time and place of ring, is published in the official newspaper of the City. ten (10) days after the hearing, the City Council shall, by r vote, define the procedures ,to be undertaken by the :ion to correct said defi^iencies. In the event the :ion does not correct the, deficiencies as defined, within :30j days, the City Council shall arrange to have the ivies corrected and shall.bill the Association for all including the City's'administrative expenses. If the :ion does not reimburse the City within thrity (30) days pt of said bill; the City shall have the right.to assess sex for his pro rata share.of said expenses. Such assess- .ogether with interest thereon and costs of collection, a.lien on each Lot against which such assessment is made addition, each assessment shall also be the personal on of the person who was the Owner of such Lot at the time ssment fell due - 1 5. ue_1S. Notices. Any notice required or permited to be A any Owner by the Association under the provisions of this ion shall be deemed to have been nrropexly sent when. postage prepaid, .to the last known address of such Owner g on the.records of the Association at the time of ,such IN WITNESS WHEREOF, the said Ralph Carlson Companies, Minnesota Corporation, has caused this document to be as of the day and year first a written. RALP RLSO COMPANI S, n . By Its And Its -13- ' STATE OF MINNESOTA) COUNTY OF HENNEPIN) °K. The foregoing instrument was acknowledged before mi this !F�-da} of November, 1978, by andtespectively the and of Ralg+h Carlson comnani.es, * .Inc.^a Minnesota corporation, on behalf of `the corporation.in.� 5 Notary Public yi •'r.t t -14- 1 # w y i�� yyif tk,. i {yid s,:i Ve .r lei ;.i; .a. o t� C r (y y J N .tet t i • N %y ` ULAA • y :1 Ilk! .� �q E; M1 IN \ \ s a �y n\ 5.'• �'t ��i'�'„'�:r ��x` �'£+'� d�:' ii`a�yw#' u- " � Rfi r. � Q� i � C + i:,� � '• � - � 'y% a -da ?i'� , ��% i It`'fi .t � Y i i r 4 { y �•` � ; � h.. > � _.. � � T� � $ i O G • „ .. b •- O e ti,. . ro, •r uC « U L' Na «1 M �i.. •u r � y .` ! " .. � w j� a w, .fie � Yi , ,y+1• y[ • N %y ` ULAA • y :1 Ilk! .� �q E; M1 IN \ \ s a �y n\ 5.'• �'t ��i'�'„'�:r ��x` �'£+'� d�:' ii`a�yw#' u- " � Rfi r. � Q� i � C + i:,� � '• � - � 'y% a -da ?i'� , ��% i It`'fi .t � Y i i r 4 { y �•` � ; � h.. > � _.. � � T� � $ i l w 1.978.. , by and between Ralnh Carlson Companies, Inc., a Minnesota cor ration , �'^r• its hears, assigns, successors her e1naf ter collectively xeferxed to as the Grantor(s)) and the City of Orono, its suc- ;;A- cessors and assigns, a municipal corporation under the laws of. the State of Minnesota (hereinafter referred to as the Grantee). ? WITNESSETH, Grantor(s), for and in consideration of the sun of One Dollar ($1.00) .and, other valuable consideration, hereby covenant, grant, gift, quit claim and convey to Grantee � + the xigbt to restrict and Gr.antor (s) agree to limit and pre- •. clude ILbe use, improvement and development, under the condi.- r, tions and covenants herein contained, the following described �•.� :Vii. 7i Larid- in the County of .Hennepin and State of 24i»nesota:• those certain areas designated as "Drainage Easement" (and not ,including areas designated. as "utility and ' -drains a easement") on the plat of Orono Oaks, Hennepin .! County,, Minnesota and affecting portions of. Lots •1, 2, 3, 4, 5, 7, 8 and 9, Block . 1, said subdivision 'syr �a tier c, }y 'f•S R'• as follows: �''' t and a r (sl - 1. Grantors) hereby couenan g ee .. No structures shall be constructed, erected,'or :. placed upon, above; or beneath the Land including without Iimit- a<;• ation, fences, fireplaces, steps, docks, piers, hard -rover or �• 'y '� roads of eny nature whatsoever, or any other structure -or ,improve A& i "' men inconsistent the natural state of the Land.* 7. .with B. No trees, shrubs or other vegetation shall be a.e .. destroyed, cut or removed from the Land except as`authorized FLOWAGE AND COXSERVATION EASEMEI%"r b .written. consent of Grantee. y 'f .• AND WAIVER • OF bAMAGES ` �, 4++ natural material or substance shall be moved or removed from ". " .t+R 111DENTURE, made and entered into this day of THIS without the written concent of Grantee. 1.978.. , by and between Ralnh Carlson Companies, Inc., a Minnesota cor ration , �'^r• its hears, assigns, successors her e1naf ter collectively xeferxed to as the Grantor(s)) and the City of Orono, its suc- ;;A- cessors and assigns, a municipal corporation under the laws of. the State of Minnesota (hereinafter referred to as the Grantee). ? WITNESSETH, Grantor(s), for and in consideration of the sun of One Dollar ($1.00) .and, other valuable consideration, hereby covenant, grant, gift, quit claim and convey to Grantee � + the xigbt to restrict and Gr.antor (s) agree to limit and pre- •. clude ILbe use, improvement and development, under the condi.- r, tions and covenants herein contained, the following described �•.� :Vii. 7i Larid- in the County of .Hennepin and State of 24i»nesota:• those certain areas designated as "Drainage Easement" (and not ,including areas designated. as "utility and ' -drains a easement") on the plat of Orono Oaks, Hennepin .! County,, Minnesota and affecting portions of. Lots •1, 2, 3, 4, 5, 7, 8 and 9, Block . 1, said subdivision 'syr �a tier c, }y 'f•S R'• as follows: �''' t and a r (sl - 1. Grantors) hereby couenan g ee .. No structures shall be constructed, erected,'or :. placed upon, above; or beneath the Land including without Iimit- a<;• ation, fences, fireplaces, steps, docks, piers, hard -rover or �. �+ ,• roads of eny nature whatsoever, or any other structure -or ,improve A& i "' men inconsistent the natural state of the Land.* 7. .with B. No trees, shrubs or other vegetation shall be a.e .. destroyed, cut or removed from the Land except as`authorized >f �: , ,4 ., , b .written. consent of Grantee. y ` C. *No'earth, loam, peat, gravel, soil or any other 4++ natural material or substance shall be moved or removed from the Land and there shall be no dredging or excavation of any nature whatsoever or any change of the topography of the Land +"' without the written concent of Grantee. °;p,�• ,�• ",•:. 'L �..a? .r t.�.2, :a�tii�i, Ey1,a:1�Lx U1 Vl,.�i :,LiJ:ri.�iil�:i:.Ltl ....t,....... ®.� �as�lan3f•ill shall be placed, dumped'.or stored upon the Land and no waste, trash or garbage s?call be placed, d=ped or stored. Wupon the Land-. E. No use shall be made of the Land except uses, if ;.any, which will not change or alter the natural condition of the Land, and no use which would tend to change the drainage+ flood control, water conservation, erosion control,. soil con- `% servation, fish and, wildlife habitat characteristics shall be made of the Land or the water situated thereon. F. Grantee may enter upon the Land for the purposes _., of inspection and enforcement: of the covenants contained herein . ' and to cause to be removed from the Land without any liability j: any structures, uses, materials,substances, or unnatural mat-- ,W ter inconsistent. with the covenants contained herein and the ` natural state of the Land.. :r 2. Gra:itor (s) hereby grant, gift, quit Clain and convey to Grantee, a perpetual flowage easement and right and privilege to trespass with water, over and upon any or all of the Land. ,,z•, 3. Grantors) herein do hereby, remiss; release, acquit t and forever discharge, forever, the .Grantee and any and all of its officers and employees of `and from any and all claims, demands or causes of action of any kind or nature whatsoever which may arise or accrue. by virtue of any flowage `or trespass with water within terms of these agreements., y in addition to any other remedy the Grantee may have, the covenants and restrictions contained herein may be .enforced t 4 by Injunction. ?£~ Grantor (s) do not intend that the public should have any �.Iff N g interest. -in the above land by virtue of • this_ .indenture or other-= wise, except as hereinabove set forth. . The Grantors) heYein*certify that the land herein ��, �.' f �r �y described are free and clear of all encumbrances except: }w/ jr k a of All the 3�rovis•ions hereof shall run with the land and shall extend to and bind the. heirs` successors, -representatives, grantees or assigns of the respective parties hereto. Ralph'"on on Comps ies nc. By 'STATE OF MINNESOTA ) p arlson Its .President COUNTY OF ;]3ENNEPIN ) ay of November , .1578 , before e, a On this dsit Notary Public within and for said County and .tate, personally ' appeatecl -Ralph Carlson ? known to me to be the,person(s) described iF and who executed the foregoing izzstruanent, and acknowledged that they executed saic;P.ati�,own fre act «r %deed. land GERALD C. HAUER � i;OTt..:Y FU-RtC F4 yr.c::,'•Y•• � r.>z;s'�r couNTY �lotary ub is Ger-:ac J3• N:t C --ice �. y Aly cornmissi:n %*bites Avr i 7, 9V a'.. t 4 •. �y7mvr,rri�... t•.. Y State Deed Tax Due F�ereon: Exempt , ; - t This instrument was drafted by: ` POpFAM, HAIR, SCHNOBRICH, KAUFMAN & t;OTY, Ltd. 4144 IDS Center, Minneapolis, Minnesota 55402 ,E�J 8 T Adam Edwards From: Sent: Friday, August 17, 2018 6:47 AM To: Adam Edwards; Subject: Road Maintenance of Orono Oaks Drive Follow Up Flag: Follow up Flag Status: Flagged Good morning, Adam. Thank you for taking the time to visit with me yesterday. I took the advice I was given and submitted a complaint at the City's website, but it doesn't really allow for much detail. So I thought I could send the details to you and you could share them with other members of the City Office, as you deem appropriate. Orono Oaks Drive is a private road and should be maintained by the Home Owners Association, but regrettably, such maintenance hasn't been done in many years. As a result, I believe the road has become a safety hazard. My specific concerns are: 1) At the north end of Orono Oaks drive, a culvert beneath the road collapsed, preventing rain runoff from flowing. In an effort to replace the culvert one of the residents started hired a contractor to dig up the road and install a temporary culvert to allow the water to recede as it had begun to cover the road. When others objected, the project stopped, leaving the roadway in a state of disrepair. While it's true that cars can drive over the temporary aggregate pushed into the opening, I certain that large vehicles, like a fire truck or a school bus, could not travel over this area. This is a safety hazard. 2) The condition of the road has deteriorated so that there are several areas with large potholes and fractures in the road. This is a safety hazard to the public travelling on this road. 3) The roadside has not been maintained and vegetation and trees have been allowed to grow out over the road right of way, which makes it difficult for drivers to clearly see others using the road, particularly when turning on and off Orchard Drive. This is a hazard to public safety. 4) Residents have been allowed to place large rocks close to the roadway, which would be hazardous to traffic and public safety. 5) No provision is made for snow removal during the winter. One of the residents has used his own equipment to remove snow the past several years, but does so at his own discretion and without any obligation or compensation. This does not ensure access to the road in times of heavy snowfall and may prevent emergency vehicles from reach our neighborhood during an emergency. You would think that the residents would engage the Home Owners Associate to remedy these issues, but the HOA is disfunctional and continues to fail in its duty to maintain the road. I have lived in the neighborhoodwmmyears and nothing has been done in that time to properly maintain the road. I have been told that the HOA stopped functioning, didn't have annual meetings, didn't appoint a Board of Directors and so on for many years, perhaps dating back more than a decade before I moved here. I would ask that the City of Orono intervene and make the necessary repairs to insure public safety. Thank you, Adam. August 28, 2018 RE: Orono Oaks culvert / road failure Dear E,<1A,6. 7 - TY OF ORONO It has been brought to City's attention that your roadway has fallen into a state of disrepair. Of particular concern is the failure at the culvert crossing near the cul-de-sac. As of the writing of this letter there was an open trench across approximately '/z of the traveled road surface. This condition poses a risk to any travelers along the roadway. As Orono Oaks Drive is a private road the responsibility for maintenance falls on the residents of the road through your Home Owners Association. This is laid out in the Declaration of Covenants, Conditions and Restrictions for the Orono Oaks Association, Inc, dated November 30`x', 1978. As the City does not have a record of who the Association board members are at present, this letter is being sent to all residents of Orono Oaks. In accordance with your homeowners association covenants the City will hold a public hearing at 7PM on September 10`h, 2018 at City Hall to determine a remedy for the maintenance deficiencies noted along the roadway. Sincerely, Dustin Rief City Administrator City of Orono Encls. Declaration of Covenants, Conditions and Restrictions for the Orono Oaks Association, Inc, dated November 30`x', 1978 AGENDA ITEM Item No.: 12 Date: September 10, 2018 Item Description: LAI 8-000069 — Gordon James Construction o/b/o Jason Pitts, 225 Old Crystal Bay Road S, Conditional Use Permit (grading) Public Hearing — Resolution Presenter: Melanie Curtis Agenda Public Hearing Planner Section: Purpose. This application requires two motions: a. Waive Planning Commission review (requires unanimous approval) b. Consider a Conditional Use Permit to allow import of material in excess of 500 cubic yards in conjunction with the construction of a new home. 2. MN§15.99 Application Deadline. The application was received and considered complete on August 15, 2018. Therefore the 60 -Day review period expires on October 14, 2018. 3. Background. The owner's architect and builder worked with planning staff to develop plans for the new home at 225 Old Crystal Bay Road South. The plans were designed to conform to all of the applicable zoning requirements. The building permit application was submitted and after review was shown to meet all setbacks, height, hardcover, and other lot requirements for the RR - 113 district. The builder's plan during pre -application discussions identified the plan to import fill to the site specifically so as to review building height with staff. However the plans for discussion did not call out the quantity of fill; nor did the City's review quantify or specifically identify the import as excessive. There will be 285 cubic yards cut out of the foundation excavation with a total of 2,399 cubic yards of fill needed. The net import will be 2,114 cubic yards, which exceeds what is customary for a new building. During discussions with the builder, staff became aware of the quantities and the need for the conditional use permit. The property is approximately 1.8 acres in area and the grading of the site does not appear to result in a home which would be out of character in the neighborhood or create drainage concerns. 4. Planning Commission Process — Request Waiver The Planning Commission has not reviewed this application. The need for the conditional use permit to address 2,114 cubic yards of material brought to the site was not realized until the builder submitted for building permit. Due to timing of the discovery of the grading CUP, and the minimal impact to the surrounding neighborhood, the applicant is requesting that the City Council hold the public hearing. The City Council may waive reference of a conditional use permit application to the Planning Commission for the public hearing according to City Code 78-912 (Exhibit I). A unanimous vote is required in order to waive the Planning Commission's review. The legal notice was published to allow for a public hearing by the City Council at the September 10' meeting. If the Council votes to waive the Planning Commission's review, and holds the public hearing; staff has prepared an approval resolution for the conditional use permit for consideration. 5. Public Comment. To date, no comments from the public were received regarding this application. 6. Staff Recommendation. Staff recommends approval. COUNCIL ACTION REQUESTED The action requested for this application is as follows: Prepared By: MOO Reviewed By: J. Barnhart Approved By: 5bV AGENDA ITEM 1. The Council should first consider a motion to waive the Planning Commission's public hearing and hold the public hearing at the September 10' meeting. 2. Following an affirmative vote to hold the public hearing, the Council should open the public hearing and receive comments. 3. Finally, the Council should consider a motion to adopt or amend the approval resolution as drafted regarding the CUP. Exhibits Exhibit A. Draft Resolution Exhibit B. Application Summary Exhibit C. Project Narrative Exhibit D. Proposed Grading Plan/Survey Exhibit E. Conditional Use Permit Analysis Exhibit F. Proposed House Plans Exhibit G. Certified Property Owner List Exhibit H. Map Exhibit I. City Code Sections Exhibit J. Legal Notice Prepared By: MOO Reviewed By: J. Barnhart Approved By: 5bV CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. A RESOLUTION APPROVING A CONDITIONAL USE PERMIT PURSUANT TO MUNICIPAL ZONING CODE SECTIONS 78-916 AND 78-967 FILE NO. LA18-000069 WHEREAS, on August 15, 2018, Gordon James Construction, on behalf of Jason Pitts, the property owner, (hereinafter the "Applicant"), applied for a conditional use permit pursuant to the City Code for the property addressed 225 Old Crystal Bay Road South and legally described as: That part of Lot 10 lying South of the North 371.35 feet of said Lot 10 and East of the West 685.18 feet of said Lot 10; That part of Lot 11 lying East of the West 685.18 feet of said Lot 11, Auditor's Subdivision No. 230, Hennepin County, Minnesota (hereinafter the "Property"); WHEREAS, the Applicants have made application to the City of Orono for a conditional use permit pursuant to Orono Municipal Zoning Code Section 78-967 in order to allow the import of approximately 2,200 cubic yards of fill material into the Property; and WHEREAS, on September 10, 2018, pursuant to City Code Section 78-912, the City Council unanimously voted in favor of waiving the Planning Commission's review of the application; and WHEREAS, on September 10, 2018, after published and mailed notice in accordance with Minnesota Statutes and the City Code, the City Council 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 September 10, 2018, the City Council reviewed the application and the recommendations of the City staff and recommended approval of the conditional use permit; and NOW, THEREFORE, BE IT RESOLVED that the City Council of Orono, Minnesota hereby approves the requested conditional use permit 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 #LA18-000069. The analysis contained within staff memos and the exhibits attached to the aforesaid memos, all minutes from the CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 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 -1113 Rural Residential Zoning District. 3. The Property contains 1.77 acres in area and has a defined lot width of approximately 295 feet. 4. Applicant has applied for a conditional use permit for grading 5. In considering this application for a conditional use permit, the Council has considered the advice and recommendation of the Planning Commission and the effect of the proposed conditional use permit 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. CONDITIONAL USE PERMIT ANALYSIS: The City Council may grant a conditional use permit as it was applied for or in modified form. On the basis of the application and the evidence submitted, the city finds that the proposed use at the Property is or will be: 1. Consistent with the community management plan; The intent for the proposed grading is residential in nature, is consistent with the permitted uses for the Property, and is compliant with the zoning code and comprehensive plan. 2. Compliant with the zoning code, including any conditions imposed on specific uses as required by article V, division 3 of the City Code; The proposed grading is residential in nature which is consistent with the permitted uses for the Property. 3. Adequately served by police, fire, roads, and stormwater management; This statement is true. 4. Provided with an adequate water supply and sewage disposal system; This statement is true. 5. Not expected to generate excessive demand for public services at public cost; This statement is true. 6. Compatible with the surrounding area as the area is used both presently and as it is planned CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. to be used in the future; This criteria relates to whether the proposed grades resulting from the earth movement are appropriate and in character with the surrounding land and neighborhood. The grading of the Property will be in conformance with the neighborhood. Once completed, the grading will have no impact on surrounding lands. The grades, once vegetated and landscaped should not have an adverse impact on the neighborhood. 7. Consistent with the character of the surrounding area, unless a change of character is called for in the community management plan; The proposed grades will help to facilitate stormwater runoff down property lines, and not toward adjacent properties as is the current condition. The proposed grades should not result in a negative impact to neighboring properties. 8. Compatible with the character of buildings and site improvements in the surrounding area, unless a change of character is called for in the community management plan; The Applicant is proposing to elevate the land to accommodate a walk out which is not out of character for the neighborhood. It is likely adjacent properties will not be impacted. The site grading will be reviewed and monitored closely by the City's engineer to assure that all existing drainage patterns are maintained and adjacent properties are not adversely impacted. 9. Not expected to substantially impair the use and enjoyment of the property in the area or have a materially adverse impact on the property values in the area when compared to the impairment or impact of generally permitted uses; This standard requires that the proposed grading and improvements must not substantially impair the use and enjoyment of the properties in the area or have an adverse impact on the property values in the area when compared to the impairment or impact of generally permitted uses. The result of the proposed grading will not change the intended residential use of the Property so there should be no change in the use and enjoyment of adjacent properties resulting from the export of fill materials. However, activity of exporting approximately 2,100 cubic yards of fill and active grading of the Property can have a temporary adverse impact on neighbors. The applicant is proposing to bring the material in to the site slowly to allow for settling. The grading work on the Property as well as the forthcoming construction of the proposed home could result in additional noise, dust, vibration and traffic on the haul routes and immediate neighbors. To the degree possible, negative impacts should be limited and mitigated. 10. Provided with screening and buffering adequate to mitigate undesirable views and activities likely to disturb surrounding uses; The finished grade will be vegetated and landscaped; it should blend into the Property and the neighboring properties. The project, once completed, should not result in undesirable views requiring mitigation. CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 11. Not create a nuisance which generates smoke, noise, glare, vibration, odors, fumes, dust, electrical interference, general unsightliness, or other means; See #9 above. 12. Not cause excessive non-residential traffic on residential streets, parking needs that cause a demonstrable inconvenience to adjoining properties, traffic congestion, or unsafe access; The Applicant shall be required to keep debris off of the public roadways. The noise resulting from the trucks hauling and equipment moving the material in and around the site should be minimized to the extent possible. The grading and construction project will be monitored by the City Engineer and planning staff so as to minimize nuisances during the project. 13. Designed to take into account the natural, scenic, and historic features of the area and to minimize environmental impact; This standard requires that the project be designed to take into account the natural, scenic, and historic features of the area and to minimize environmental impact. The long term effect of the project should result in minimal environmental impacts. The project will be monitored by the City, to prevent erosion from the site. 14. All exterior lighting shall be so directed so as not to cast glare toward or onto the public right-of-way or neighboring residential uses or districts; There should be no lighting orglare resulting from the grading project, and 15. Not detrimental to the public health, public safety, or general welfare. The Applicant will be required to keep debris off of the public roadways. The noise resulting from the trucks hauling and equipment moving the material in and around the site should be minimized to the extent possible. The grading project will be monitored by the City Engineer and planning staff so as to minimize nuisances during the project. 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 78-967 to allow for the import of approximately 2,200 cubic yards of material, 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 July 19, 2018 and revised on August 7, 2018 by Sathre Bergquist and building plans submitted by the Applicants and annotated by City staff, attached to this Resolution as Exhibits A & B. 3. Any amendments to the plans which are not in conformity with City codes may require further Planning Commission and City Council review. CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 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 new construction 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 (September 10, 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 10'" day of September, 2018. ATTEST: CITY OF ORONO: Anna Carlson, City Clerk Dennis Walsh, Mayor S F w d gg �be a63�Eo d 'U 33p ahJ A x s OO Z!n 0Lu Z � m � s w� m< w _ _o6 mBa�E'�� SOpIO 94£55 NW 'ONOJO S (3,Vo J l98 l01S 1?10 410 4ZZ 30N3aIsaN Sllld --. �� ��--� cr x xaJ, s ,y, Ng Jj1'i @ ,Q p ly,l III,I III,, Vi,l IIIIIIIIIIIIIIIIIIIII �li,l;�liil���iflr•�Ilfil� iJ i,l i,l. 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TNS ^M.......,. sa® i«a,.«e.c Imljjr' s 1E33 a in sgy 3ON30 SaN 91114 95£45 NW 'ONONO pl S CVON .I.VG Iris kNo 4"10 4ZZ we g d li 3ON3al93zl 9111d o s�ssl e E ' p@© 9Qm;m' oo 9ao ;�a�=mos 2� a 9111.1 ~ ; ) 4 ! ■ _ a«, m ' o o gao} | ) #< a@� { N9\�o�/�; � ;A \k )f ! ■ ] ) #< \k )f ! saute94E54 NW'ONONO .1 im;mtt0 x0 � I � 'S (nvo2!l JIVIS -lvll9.-kNo (310 Qzz Land Use Application Summary Application Date: 08/15/2018 Address: 225 OLD CRYSTAL BAY RD S LONG LAKE, MN 55356 Parcel Number: 0411723240002 Land Use Number: LA 18-000069 Application Submitted By: Agent on behalf of property owner Owner: Name: JASON K PITTS Address: 18100 87TH AVE N MAPLE GROVE, MN 55311 Applicant: Name: Will Haack Address: 5159 Hwy 12 MAPLE PLAIN, MN 55359 Contact Information: Associated Contact: EJ Wirtz Associated Contact: Jeff Tritch Associated Contact: Associated Contact: Project Description: CUP Fill +501 CY Land Use Application Type: Amendmend Application Appeal of Admin Decision Concept Application Conditional Use Permit Site Plan Application Subdivision Application Subdivision Exception Vacation Application Variance Application Applicant Signature: or on aures I)FSIi;N B1111.I3 RENOVNI'1 225 Old Crystal Bay Road Narrative 8-15-18 The owners of the property at 225 Old Crystal Bay Road looked for a few years to find an affordable property in the Orono School District where they could build a new home and be close to the schools. They also wanted a home with a least a partial walkout basement. This property has an existing septic system which has been certified and is very convenient to the school, however to accommodate a walkout basement there is the need to bring in over 500 cubic yards of dirt to bring the grade up to the elevation of the home. The fill will be brought in over a period of time during the build to allow for settlement and to alleviate any continuous flow of trucking. Will Haack Gordon James Construction 5159 Main Street - PO Box 3o6 Maple Plain, Minnesota 55359 Ph 763-479-3117 Gordon-James.com MN Lic. BC531961 '�1 /� I / I'(/ L rN fi I /1 T u I FIELD CREW NO. BY ALL 1 EMW DRAWN 2 EMW EMW 3 EMW CHECKED 4 EMW DBP LIGHT POLE /1T A DATE FOUND 6-26-18 SANITARY CLEANOUT L_U I I I / \ 262.3 9886 988.9 24" B 6 WET B - _.- �` 24 990.1 V 996.346 FND IP 1 1/2 POST 981.1 _ \ ,- 989.2 11 \ JUDICIAL • SURVEY MONUMENT FOUND 0 SURVEY CONTROL POINT (LANDMARK- -- LIGHT POLE /1T A /1T -1 r\ ".J FOUND ® SANITARY CLEANOUT L_U I I L_XJ 972.5 EXISTING GROUND ELEVATION I PROPOSED GROUND ELEVATION ® STORM DRAIN uTL STORM MANHOLE x98� 91906 � 9 ��S _ - X84 9 K x 9 x � � � E 98 x 96 98 �� x �� \ 83 983.1 _ 82 99L738 END IP OPEN 0988 \ S89004'55"E 261.95 \ \ m � 991.0 � � REVISION USE (INCLUDING COPYING, DISTRIBUTION, AND/ORCT CONVEYANCE OF INFORMATION) OF THIS PRODUCT IS STRICTLY PROHIBITED WITHOUT SATHRE-BERGQUIST INC.'s I hereby certify that this survey, plan or report was prepared Land Surveyor under the laws of the State of Minnesota. y by me or under my direct supervision and that I am a duly Licensed RS so ��� RL 1� 4025 � O O 00 N W O 0 O O Z 99d 3 989.1--/-986.1 `b / 989.9 / I / 24" 984 983.1 FND I ' B 1 / 10 984.3 �9 FND Ihp OPE 989.2 / 987.0I 1 B 84.6 \ 9WgE.?9q . 14" 5 C�985.2 WET A-3 9112.3- 82X� WE=1T 7 A �d 8 - 98 8E2T 0 8,5 9829 A -I 5 1 \------ EDGE OF WETLAND 66 I I x9 _ X 68% F-BSBL-BSBL-BSBL-BSL-BSBL-BSBL� L-BBBL -BBBL- BML -BSBL-BBBL-BSBL-BSBL �BSBL-BSBL-BSBL-BSBL-BSBL-BSeL-BBBL-BSBL� .�%� 98 .2x, x I c 61 A LOT 10 X 98 2 I xs S13 WO DS \ 86.5 FU SEPTIC E WETLAND \ I o / SETBACK AUD. I SUB. NO. 230 \ \ x 988 0 I / x h -\ \ 9 836 x9 _x I0 029 .3 x I ( \ , i 36 I I 990.6 \ \ �4 x \ 24" I , \ x 9,9 98s 0991.2 Q F \ xx SJ 0 11 ss1. \\EX,,,S- PTIC-MOUND -- \ 98 \\ o 2811 \ \ �, 991.8 20"x 991.7 ` 702 � S/L T \ 993,633 0 9836 991.6 `��( CPNL/TOP �I 70 > SB PROP TANK y4� 0984. 59 I se986.7 -----I i- CPIP ----- �I 1 O� ------- ' - ----- ` 986. o WOODS I _ b gas CONSTRUCTION ENTRANCE 34 m -�-------- �� �� 990 986 I o ON 993.3 989.5 �-992.52x ��990.8 � 0 LOT 11 EXISTING GRA 6 �ss O / � Q -----------50------t---yi x ,99// 9� 9 !� -- n / 990.4 989.5 996 I--1 ............ 4 LO ............... ................... 18. -.:::.-. -.-.-.-.........-:::....-:::.-. ::.-..-::..- .-.-.-::..-:.. .. .. .......:. -:::... -.9 o, 28 ..:....................:.: 00 I . Q � 98 .l BITUMINOUS �.. 5) x X(��0 : 99 1 r'�9� 8.2 ( 0 m ..0 ..........::: N m %..............::.:::: :.:::: r3 : .:: :..... ............................................................................................................................................................. _ 0 989.5:::::; :::; :::; ::::.:::::; ::::::::::; :::::::;:::: OI v oo \ ................................................................................ 93.937 ' Z „-� � cn S :... +.�.. ;;-:;-::- �: CPIP o p x 44"(::;:: _ SEPTIC I �1 .......... CIA........... 990.8 ................................ n r MAN ES - 0 ........... `� o N x o z �: 42„ i c Q) _ 994.0 m o o :....:::::::: `' 989. r 8 o I ro� / I moo z2.09'_.?_.:........._ LLJ N ' oCn :: X:::O S 89.9 o- \/1 OI I1.0 J 0os 91966991.2 . 6 990.9 oO I I c x 9 I 228 A'ROp 91 2 m x 336"994.6 I 1 99j A DECK 0�0 CR Sr wj` lS 4 x�� 8� 9895LIJ \ s x I w q� 6 oUT 36 0 990 4 x \ I W X92 I 992 11.2 % ROgo O Is �--{ h �. �9N \92 N . x 2/4 9903 P PO D W LL I I I O "8 I J w SEP IC CLEANOUT m m 993.3 x98 .6 4.0 co 994 \�- I g94 99 �ECk o x 9909 \ I SB DECK 28 0 0 4.0 X 9906 I 394.7 se 993.5 WOODS m - x 9`9, s X(gg5 0) a°j� x 0886 I41 \ I/ �b m x -9 \ \ 936 \ S/L T FENCE I ��ese-lase-lase-iese -nese-lase lase -lase -lase -lase -'nese- tee -less -nese -tee -nese -fie -lase -nese x nese- gse-lase-ieseJ 99S \ / x 3 x 9 ^ 36 `\ x y93 / x \ 28„ o I x 89.2 I 984 995.6 ) 99 991.1 o j \ 0 36 x x 32" \ WOODS s o.1 990 9886 x 9 993.4 I f 98 \ 996.413 WOODS \ \ 9 32" STCONC. I 6S FEO x9 FND IP OPEN 30"993.8 'i / j 988.6 1 0997.1 \ \ � it g� 989.6 1 989 OrsO / ��h Ax A 9Q o x 09 \ \ 991.3 g 26" c i 996:4 910 \� 9895 x 12" DATE 7/20/2018 7/23/2018 7/23/2018 8/7/2018 • x 30 "0 996.9 N89°25' 16"W \ 262.3 9886 988.9 24" B 6 4047 - _.- �` 24 990.1 V 996.346 FND IP 1 1/2 POST HYDRANT \ ,- 989.2 11 \ JUDICIAL • SURVEY MONUMENT FOUND 0 SURVEY CONTROL POINT (LANDMARK- -- LIGHT POLE cC-) /1T -1 r\ ".J L� N It FOUND ® SANITARY CLEANOUT L_U I I L_XJ 972.5 EXISTING GROUND ELEVATION C PROPOSED GROUND ELEVATION ® STORM DRAIN uTL STORM MANHOLE T A I 1� /\ �� I_ > /1 n n n n n I T I n fN I � WELL f14 \-/ L U L) /-\ LJ L,/ I I _ � o N � c REVISION USE (INCLUDING COPYING, DISTRIBUTION, AND/ORCT CONVEYANCE OF INFORMATION) OF THIS PRODUCT IS STRICTLY PROHIBITED WITHOUT SATHRE-BERGQUIST INC.'s I hereby certify that this survey, plan or report was prepared Land Surveyor under the laws of the State of Minnesota. y by me or under my direct supervision and that I am a duly Licensed RS so ��� RL 1� EROSION CONTROL ADDED SEPTIC SITES V ry DESCRIPTION OF PROPERTY SURVEYED (PER CERTIFICATE OF TITLE NO. 1106747) That part of Lot 10 Lying South of the North 371.35 feet of said Lot 10 and East of the West 685.18 feet of said lot 10; That part of Lot 11 lying East of the West 685.18 feet of said Lot 11, Auditor's Subdivision No. 230, Hennepin County, Minnesota. NOTES 1. Site Address: 225 Old Crystal Bay Road South, Orono, MN, 55356 PID: 04-117-23-24-00-02 2. Flood Zone Information:This property is contained in Zone X (Areas outside the 1 -percent annual chance floodplain, areas of 1% annual chance sheet flow flooding where average depths are less than 1 foot, areas of 1% annual chance stream flooding where the contributing drainage area is less than 1 square mile, or areas protected from the 1% annual chance flood by levees. No Base Flood Elevations or depths are shown within this zone. Insurance purchase is not required in these zones.) per Flood Insurance Rate Map, Community Panel No. 27053CO301E, effective date of September 2, 2004. 3. Parcel Area Information: The Gross land area is 77,486+/- square feet or 1.77 +/- acres. 4. Benchmark: Elevations are based on MNDOT GEODETIC MONUMENT #81490 (2713 AF) ELEVATION= 1030.628 feet (NAVD88) 5. Zoning Information: The current Zoning for the subject property is RR -1B per the City of Orono zoning map. The setback, height, and floor space area restrictions for said zoning designation were obtained from the City of Orono web site. SETBACKS: Front = 50 Feet Side = 30 Feet Rear = 50 Feet Please note that the general restrictions for the subject property may have been amended through a city process. We could be unaware of such amendments if they are not in a recorded document provided to us. We recommend that a zoning letter be obtained from the Zoning Administrator for the conclusive restrictions for this site. 6. We have shown the location of utilities on the surveyed property by observed evidence only. 7. The wetland delineation was performed by Kjolhaug Environmental Services on May 5th, 2015, and the delineation flags were located on May 8th, 2015. Proposed Elevations Proposed Garage Floor Elevation = 998.25 Proposed Top of Foundation Elevation = 998.00 Proposed Basement Floor Elevation = 989.00 Proposed Coverage Lot Area = 77,486 S.F. House Area = 4,534 S.F. Lot Coverage = 5.85% Proposed Excavation Volumes Cut Volume = 285 Cu. Yd. Fill Volume = 2,399 Cu. Yd. Net Volume = 2,114 Cu. Yd. Fill needed EXPRESS WRITTEN AUTHRIZATION. USE WITHOUT I SAIDAUTHORIZATION CONST TOUTTES AN ILLEGITIMATE USE AND Dated this 19th day o uly, 2018. 1 �, SAT H R E- 6 E RG Q U I ST, INC. ADDRES, PID REVISIONS � / \ CITY COMMENTS SHALL THEREBY INDEMNIFY SATHRE-BERGQUIST, INC. OF 150 SOUTH BROADWAY WAYZATA, MN. 55391 (952) 476-6000 ALL RESPONSIBILITY. SATHRE-BERGQUIST, INC. RESERVES 1 cmc `�'co THE RIGHT TO HOLD ANY ILLEGITIMATE USER OR PARTY �p C N � WWW.SATHRE.COM 1</ LEGALLY RESPONSIBLE FOR DAMAGES OR LOSSES David B. Pemberton PLS Minnesota License No. 40344 RESULTING FROM ILLEGITIMATE USE. GFRs PLP�� pemberton@sathracom O• CAST IRON MONUMENT I3 CATCH BASIN 4 11GH �l/. - �� - _.- < V "Cf HYDRANT 0 SURVEY MONUMENT SET • SURVEY MONUMENT FOUND 0 SURVEY CONTROL POINT © LIGHT POLE cC-) POWER POLE ❑H SANITARY MANHOLE ® SANITARY CLEANOUT -� SIGN 972.5 EXISTING GROUND ELEVATION C PROPOSED GROUND ELEVATION ® STORM DRAIN uTL STORM MANHOLE ❑A I O WELL f14 ) ) ��-•-•-•- f E N Ff. - f) CV•�) iY. S_,- �r .; SC��ubs' �� �S A A D' �o , �I = P D E r'- I =F ) O• CAST IRON MONUMENT I3 CATCH BASIN 4 FLARED END SECTION D4 GATE VALVE < GUY WIRE "Cf HYDRANT 0 SURVEY MONUMENT SET • SURVEY MONUMENT FOUND 0 SURVEY CONTROL POINT © LIGHT POLE cC-) POWER POLE ❑H SANITARY MANHOLE ® SANITARY CLEANOUT -� SIGN 972.5 EXISTING GROUND ELEVATION (972.5) PROPOSED GROUND ELEVATION ® STORM DRAIN uTL STORM MANHOLE ❑A A/C UNIT O WELL TWPA 17-RGE.23-SEC.04 20 10 0 10 20 40 SCALE IN FEET SURVEY LEGEND WOE WALKOUT ELEVATION FFE FIRST FLOOR ELEVATION GFE GARAGE FLOOR ELEVATION TOF TOP OF FOUNDATION ELEV. LOE LOWEST OPENING ELEV. © CABLE TV PEDESTAL ❑E ELECTRIC TRANSFORMER O ELECTRIC MANHOLE OE ELECTRIC METER © GAS METER © GAS VALVE ❑H HAND HOLE oHu SOIL BORING ' ' ' ' ' ' ' TREE CONIFEROUS > TREE DECIDUOUS OT TELEPHONE MANHOLE ❑T TELEPHONE PEDESTAL uTL TRAFFIC SIGNAL Ou UTILITY MANHOLE ❑u UTILITY PEDESTAL BITUMINOUS -s-�-�- BUILDING SETBACK LINE CTv CABLE TV CONCRETE CURB a. ". CONCRETE -960 - CONTOUR EXISTING 9so CONTOUR PROPOSED �-ovov GUARD RAIL DT DRAIN TILE ELc ELECTRIC UNDERGROUND -X-X- FENCE FO FIBER OPTIC UNDERGROUND cAS GAS UNDERGROUND oHu OVERHEAD UTILITY ' ' ' ' ' ' ' RAILROAD TRACKS > SANITARY SEWER STORM SEWER TEL TELEPHONE UNDERGROUND uTL UTILITY UNDERGROUND WATERMAIN Hennepin County CERTIFICATE OF SURVEY ORONO, PREPARED FOR: MINNESOTA GORDON JAMES CONSTRUCTION FILE NO. 31380-021 1 � CONDITIONAL USE PERMIT ANALYSIS: The City Council may grant a conditional use permit as it was applied for or in modified form. On the basis of the application and the evidence submitted, the city finds that the proposed use at the Property is or will be: 1. Consistent with the community management plan; The intent for the proposed grading is residential in nature, is consistent with the permitted uses for the Property, and is compliant with the zoning code and comprehensive plan. 2. Compliant with the zoning code, including any conditions imposed on specific uses as required by article V, division 3 of the City Code; The proposed grading is residential in nature which is consistent with the permitted uses for the Property. 3. Adequately served by police, fire, roads, and stormwater management; This statement is true. 4. Provided with an adequate water supply and sewage disposal system; This statement is true. 5. Not expected to generate excessive demand for public services at public cost; This statement is true. 6. Compatible with the surrounding area as the area is used both presently and as it is planned to be used in the future; This criteria relates to whether the proposed grades resulting from the earth movement are appropriate and in character with the surrounding land and neighborhood. The grading of the Property will be in conformance with the neighborhood. Once completed, the grading will have no impact on surrounding lands. The grades, once vegetated and landscaped should not have an adverse impact on the neighborhood. 7. Consistent with the character of the surrounding area, unless a change of character is called for in the community management plan; The proposed grades will help to facilitate stormwater runoff down property lines, and not toward adjacent properties as is the current condition. The proposed grades should not result in a negative impact to neighboring properties. 8. Compatible with the character of buildings and site improvements in the surrounding area, unless a change of character is called for in the community management plan; The Applicant is proposing to elevate the land to accommodate a walk out which is not out of character for the neighborhood. It is likely adjacent properties will not be impacted. The site grading will be reviewed and monitored closely by the City's engineer to assure that all existing drainage patterns are maintained and adjacent properties are not adversely impacted. 9. Not expected to substantially impair the use and enjoyment of the property in the area or have a materially adverse impact on the property values in the area when compared to the impairment or impact of generally permitted uses; This standard requires that the proposed grading and improvements must not substantially impair the use and enjoyment of the properties in the area or have an adverse impact on the property values in the area when compared to the impairment or impact of generally permitted uses. The result of the proposed grading will not change the intended residential use of the Property so there should be no change in the use and enjoyment of adjacent properties resulting from the export of fill materials. However, activity of exporting approximately 2,100 cubic yards of fill and active grading of the Property can have a temporary adverse impact on neighbors. The applicant is proposing to bring the material in to the site slowly to allow for settling. The grading work on the Property as well as the forthcoming construction of the proposed home could result in additional noise, dust, vibration and traffic on the haul routes and immediate neighbors. To the degree possible, negative impacts should be limited and mitigated. 10. Provided with screening and buffering adequate to mitigate undesirable views and activities likely to disturb surrounding uses; The finished grade will be vegetated and landscaped; it should blend into the Property and the neighboring properties. The project, once completed, should not result in undesirable views requiring mitigation. 11. Not create a nuisance which generates smoke, noise, glare, vibration, odors, fumes, dust, electrical interference, general unsightliness, or other means; See #9 above. 12. Not cause excessive non-residential traffic on residential streets, parking needs that cause a demonstrable inconvenience to adjoining properties, traffic congestion, or unsafe access; The Applicant shall be required to keep debris off of the public roadways. The noise resulting from the trucks hauling and equipment moving the material in and around the site should be minimized to the extent possible. The grading and construction project will be monitored by the City Engineer and planning staff so as to minimize nuisances during the project. 13. Designed to take into account the natural, scenic, and historic features of the area and to minimize environmental impact; This standard requires that the project be designed to take into account the natural, scenic, and historic features of the area and to minimize environmental impact. The long term effect of the project should result in minimal environmental impacts. The project will be monitored by the City, to prevent erosion from the site. 14. All exterior lighting shall be so directed so as not to cast glare toward or onto the public right-of- way or neighboring residential uses or districts; There should be no lighting or glare resulting from the grading project; and 15. Not detrimental to the public health, public safety, or general welfare. The Applicant will be required to keep debris off of the public roadways. The noise resulting from the trucks hauling and equipment moving the material in and around the site should be minimized to the extent possible. The grading project will be monitored by the City Engineer and planning staff so as to minimize nuisances during the project. BOTTOM OF TRUSS MAIN FLR - TOP OF PLYWD ' TOP OF WDW 511 EXP. BOARDS LOWER FLR - TOP OF CONCRETE � I LI J I I I I I I I I I I I I L= - - - L - - - - - - - - - I _ I- - - - - - - - - - - - - - - - - - - - - - - - - - - - - I- - - - - - - - - - f-' - - - - - - - - - 1 �' - - - - IZ - - - - - - - - - - T '- - - - -I T - - - - - - - - - - - - - - I1 - - - - LI - - - - - - - - - - - - - J T L- - - - - - - - - - - - - - - - - - - - - - J - - - - - - - - I - - - - - - - - - - L- - - - - - - - - - J - - - - - -L - - - - - - - - - - -L - - - - - J - - - - - - - - - - - - - - I - - - - - -I - - - - - - - - - - - - - - 1 FRONT ELEVATION 1/4"=1'-0" GENERAL. CONSTRUCTION NOTES: wolf 1, THESE DRAWINGS ARE THE INSTRUMENT OF SERVICE AND REMAIN THE PROPERTY OF TRITCH DESIGN LLC AND 11THE CLIENT". THEY ARE NOT TO BE REPRODUCED Cog OR ALTERED IN ANY WAY, NOR DISCLOSED OR ASSIGNED TO ANY THIRD PARTY WITHOUT THE EXPRESSED WRITTEN CONSENT OF TRITCH DESIGN LLC. 2. VERIFY AND COORDINATE ALL CONDITIONS AND DIMENSIONS PRIOR TO CONSTRUCTION. REPORT AND/OR REVIEW ALL QUESTIONS, DISCREPANCIES, AND CONDITIONS WITH OWNER AND/OR TRITCH DESIGN LLC FOR DIRECTION AND APPROVAL PRIOR TO PROCEEDING WITH WORK, 3. MATERIALS SELECTIONS SHALL COMPLY WITH "STANDARD OF INDUSTRY" FOR CUSTOM FABRICATED RESIDENCES. - BOTTOM of TRUSS 4, ALL CONSTRUCTION WORK SHALL CONFORM TO ALL APPLICABLE LOCAL CODES, COVENANTS AND ORDINANCES AND BE IN COMPLIANCE WITH CATEGORY ONE CONSTRUCTION. REFER ALSO TO DETAILS NOTED FOR RIM JOIST CONDITIONS IN RELATION TO FOUNDATIONS AND WALL FRAMING. 5, SEE ALSO BUILDING SECTIONS FOR ADDITIONAL INFORMATION. t wolf 6. WINDOWS SHOWN INDICATE MARVIN CLAD WITH LOW E GLAZING. SUPPLIER TO CONFIRM TEMPERED GLAZING LOCATIONS, EGRESS COMPLIANCE, ROUGH OPENINGS 0 AND VENT WINDOW REQUIREMENTS, ETC. GENERAL CONTRACTOR TO VERIFY ROUGH OPENINGS AS NOTED PRIOR TO CONSTRUCTION. i. WINDOW MANUFACTURER TO SUBMIT SHOP DRAWINGS FOR ALL CUSTOM WINDOW UNITS SHOWN (IF APPLICABLE) TO CONTRACTOR AND TRITCH DESIGN LLC PROIR LAP TO FRAMING ROUGH OPENINGS OF SAME. NO I 8, ALL SOIL, MECHANICAL, ELECTRICAL, FLOOR TRUSS, GIRDER AND LVL BEAM DESIGN AND THE ENGINEERING OF SYSTEMS, SIZES AND LAYOUTS SHALL BE BY RESPECTIVE SUB CONTRACTOR AND/OR SUPPLIER OF THOSE SYSTEMS OR BY OTHER NECESSARY CONSULTANTS AND SHALL BE COORDINATED BY THE GENERAL CONTRACTOR, MAIN FLR - TOP OF PLYWD INFORMATION SHOWN IN REGARD TO THESE CONCERNS IS ONLY SCHEMATIC AND IS INTENDED TO PROVIDE DESIGN INTENT ONLY. ANY MAJOR ALTERATIONS THAT AFFECT m�r 4&S THE OVERALL DESIGN SHALL BE REVIEWED WITH TRITCH DESIGN LLC FOR APPROVAL PRIOR TO PROCEEDING WITH WORK, ' TOP OF WDW S. STRUCTURAL INFORMATION PROVIDED BY OTHERS. GIRDER AND ROOF TRUSS CONFIGURATIONS AND LOCATIONS TO BE VERIFIED WITH TRUSS MANUFACTURER AND COORDINATED WITH GENERAL CONTRACTOR AS TO PROVIDE PROPER BEARING AS REQUIRED. COLUMN SIZING AND LOCATIONS TO BE DETERMINED BY OTHERS. PLANS INDICATE ASSUMED LOCATIONS ONLY AND ARE TO BE VERIFIED WITH RESPECTIVE SUB CONTRACTOR AND/OR SUPPLIER OF THOSE SYSTEMS, TRITCH DESIGN LLC ASSUMES NO RESPONSIBILITY FOR THE STRUCTURAL INFORMATION GIVEN BY OTHERS AND MUST BE VERIFIED BY CONTRACTOT PRIOR TO CONSTRUCTION. 10, UNLESS OTHERWISE NOTED, DIMENSIONS ARE TO FACE OF WALL STUD, ROUGH CONCRETE SURFACES OR FACE OF MASONRY AT EXTERIOR, INTERIOR DIMENSIONS ARE TO FACE OF WALL STUDS AND BEAM MEMBERS. 11, ALL WATERPROOFING, FLASHING AND PROPER MOISTURE PREVENTION SHALL BE PROVIDED BY RESPECTIVE SUB CONTRACTORS AS TO ENSURE ALL POSSIBLE MOISTURE INTRUSION IS AVERTED. LOWER FLR - TOP OF CONCRETE G - - - - - - ASPALT SHINGLES GARAGE (FRONT) REVISIONS s }� h 1--1 v! O VJ O O CV N a N kqk 6 v C4 M � U m � E U E, N aH W a xa Q zo £� z z �A �I VJ M F �i a 3 A w "x x N PATE= 01/03/18 COPYRIGHTED PLANS: USE OF THESE PLANS ARE PROHIBITED WITHOUT WRITTEN PERMISSION. THESE PLANS REFLECT SPATIAL AND AESTHETIC INTENTIONS AS DESIGNED WITH THE SPECIFIC CLIENT IN MIND. ANY STRUMRAL NOTES ARE TO BE VERIFIED BY BUILDER FOR ENGINEERED INTEGRITY. THE DESIGNER OF THESE PLANS IS NOT RESPONSIBLE FOR THE STRUMRAL NOTES OR STRUCTURAL MTEGRITY OF THIS PLAN, SHEET Al of 9 BOTTOM OF TRUSS MAIN FLR - TOP OF PLYWD 1 TOP OF WDW OWER FLR =TOP OF CONCRETE _ BOTTOM OF TRUSS MAIN FLR - TOP OF PLYWD TOP OF WDW O - _1 O W LI L I I I I I I I 11 _ LOWER FLR - TOP OF CONCRETE IL — — — — — — — — — _ — — — — — — — — — — — — — — — — — — -- - - - - - - - - - - - - - - - - - - -- --- - - - - - - - - - - - - - - - - - - r J L T L '� II L L - REAR ELEYATION 1��n_Il�u ASPALT SHINGLES EXP. )ARDS GARAGE (SIDE) GARAGE (REAR) 1/4"=I'-0" - I/4" =I'-011 .L I' EXP, BOARDS U/ REVISIONS 0 (z_ VJ O Q VJ � � O � O O Lti CV CV b n V N kT e 0 F-1 � V v iii aOD V ch U r S w 0 a �• Ink �z UF z e w w z A F•I m m F C� a F M N DATE: 07/03/18 COPYRIGHTED PLANS: USE OF THESE PLANS ARE PROHIBITED WITHOUT WRITTEN PERMISSION. THESE PLANS REFLECT SPATIAL AND AESTHETIC INTENTIONS AS DESIGNED WITH THE SPECIFIC CLIENT IN MIND, ANT STRUCTURAL NOTES ARE TO BE VERIFIED BY BUILDER FOR ENGINEERED INTEGRITY, THE DESIGNER OF THESE PLANS IS NOT RESPONSIBLE FOR THE 8TRUCTURAL NOTES OR STRUCTURAL INTEGRITY OF THIS PLAN. SHEET A2 of 9 BOTTOM OF TRUSS MAIN FLR - TOP 0 Q ' TOP OF WDW I O w L _ _ J - LOWER FLR - TOP OF CONCRETE L BOTTOM OF TRUSS MAIN FLR - TOP OF PLTWD 1 TOP OF WDW 1 L L_ L L L I I I I I I II I I I I I II I I I r - I -F — -Ll T 1 L L- _ -L � -- T_ _ _ _ _ _ _ _ _ _ _ _ _ 1.1 _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _I _ _ _ _ _ _ _ _ _ _ _ , - - - - - _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ .._ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _I _ _ _ _ _ _ _ _ _ _ _ _ - — — LOWER FLR --TOP OF CONCRETE — — — — — — — — — — — — — — — — — — — — — — — — —I — — — — — — — — — — — — — — I — — — — — — — — — — — — — — — — — — L- -I �RIGHTTELEVATION- L - - - - - - - - - - - - - - - - - - - - - - - - - - - IT LI �! I/4"=11-0��-———————————————————————————— �——— — — — — —— REV IS IONS N Ju i VJ O J -L LU 0 wn JU v / O OrO O O M I N N b O t\ V N T H � V v xi � ci M �t1 F N n U N S w a z xa z z H y S w � A H m x F a w a x N DATE: 01/03/18 COPYRIGHTED PLANS: USE OF THESE PLANS ARE PROHIBRED WITHOUT WRITTEN PERMISSION. THESE PLANS REFLECT SPATIAL AND AESTHETIC INTENTIONS AS DESIGNED WITH THE SPECIFIC CLIENT IN MIND. ANY STRUCTURAL NOTES ARE TO BE VERIFIED BY BUILDER FOR ENGINEERED INTEGRITY. THE DESIGNER OF THESE PLANS IS NOT RESPONSIBLE FOR THE STRUCTURAL NOTES OR STRUCTURAL INTEGRITY OF THIS PLAN. SHEET �3 of 9 REVISIONS 0 M jr VJ Q O J -ll 1--L VJ O VJ O O J-1 N N b O n Q M w � � V a x z a � $ UH �� Z < w EIQi xQ W . F C C� > 3 A i z w F x DATE: 0i/03/18 COPYRIGHTED PLANS: USE OF THESE PLANS ARE PROHIBITED WITHOUT WRITTEN PERMISSION. THESE PLANS REFLECT SPATIAL AND AESTHETIC INTENTIONS AS DE51GNED WITH THE SPECIFIC CLIENT IN MIND, ANY 5TRLCTURAL NOTES ARE TO BE VERIFIED BY BUILDER FOR ENGINEERED INTEGRITY. THE DESIGNER OF THESE PLANS 15 NOT RESPONSIBLE FOR THE STRUCTURAL NOTES OR STRUCTURAL INTEGRITY OF THIS PLAN. SI -l1= -ET A4 of 8 REVISIONS tL 0 }: r VJ 1--L O � Q � � O U � � O � O N N a 0 N O� �i � V W Yi M l/L O U N �F WW F a xa �� z i OF x N� Q w F p z O � F A a [ m F z 0 €x DATE: 01/03/18 COPYRIGHTED PLANS: USE OF THERE PLANS ARE PROHIBITED WITHOUT WRITTEN PERMISSION. THEBE PLANS REFLECT SPATIAL AND AESTHETIC INTENTIONS AS DESIGNED WITH THE SPECIFIC GLI ENT IN MIND. ANY STRUCTURAL NOTES ARE TO BE VERIFIED BY BUILDER FOR ENGINEERED INTEGRITY. THE DESIGNER OF THESE PLANS IS NOT RESPONSIBLE FOR THE STRUCTURAL NOTES OR STRUCTURAL INTEGRITY OF THIS PLAN. SHEET A5 of 9 RAILING DECK PLAN _ 1� I I I I I I ❑ I� - L -i L _ V I I I I � p I 0 I � I I � I I I I I I I I I I I I I EXERCISE STORACxE DECK FOOTINGS n BOTTOM OF TRUSS 17'- - - - - MAIN FLR - TOP OF PLYWD TOP OF WDW O - O [� LOWER FLR - TOP OF CONCRETI I BOTTOM OF TRUSS MAIN FLR - TOP OF PLYWD I TOP OF WDW - - - �- - - - - - O - _MI O W LOWER FLR TOP OF CONCRETE I SECTION 1/4":II-0" SECTION 1/4":1'-0" SECTION 114. -0 REVISIONS 0 rd ` L v' J l--1 O LU , ti U Lu � � 0 � O 111 c� N e K N kTk e Z • Q � V w a ap V V! U x E m U in a z z H H S z a m H q z Na �� 0 a i z x N DATE. 01/03/18 COPYRIGHTED PLANS: USE OF THESE PLANS ARE PROHIBITED WITHOUT WRITTEN PERMISSION. THESE PLANS REFLECT SPATIAL AND AESTHETIC INTENTIONS ASDESIGNED WITH THE SPECIFIC CLIENT IN MIND, STRUCTURAL NOTES ARE TO BE VERIFIED BT BUILDER FOR ENGINEERED INTEGRITY. THE DESIGNER OF THESE PLANS IS NOT RESPONSIBLE FOR THE STRUCTURAL NOTES OR STRUCTURAL INTEGRITY OF THIS PLAN. SHEET A& of 9 BOTTOM OF TRU55 MAIN FLR - TOP OF PLTWD TOP OF WDW LOWER FLR - TOP OF CONCRETI SECTION 1/4"=1'-0" BOTTOM OF TRUSS MAIN FLR -TOP OF PLYWD - - �M W ®- - - - - - - j LOWER FLR - TOP OF CONCRETE I ' I 01 0 01 0 Wo Wo Wo Wo IU Ili I I U FRONT PORTICO SECTION - 1/4".4-0" O 411 411 TYR COLUMN REV 1510N6 V 0 i_ VJ Q O l--1 VJ O VJ O 0 N N Hi e I a x a W 0 F-1 k] x . o � V N ^ ap V w a x U x�• m a xa z � V z z z OF �� w w x q F g � . > 3 q y F i x N DATE: 01/03/IS COPYRIGHTED PLANS: 115E OF THESE PLANS ARE PROHIBITED WITHOUT WRITTEN PERMISSION. THESE PLANS REFLECT SPATIAL AND AESTHETIC INTENTIONS A5 DESIGNED WITH THE SPECIFIC CLIENT IN MMD. ANY STRUCTURAL NOTES ARE TO BE VERIFIED BY BUILDER FOR ENGINEERED INTEGRITY. THE DESIGNER OF THESE PLANS IS THE STRUCTURAL NOT RESPONSIBLE FOR VOTES OR STRUCTURAL INTEGRITY OF THIS PLAN. SHEET Al oP 9 12 TERMINATE RADON PVC 12" 12 14 ABOVE ROOF. PROVIDE 14 FLASHING COLLAR AT ROOF, TYPICAL ROOF TYPICAL ROOF 2ro" - ASPHALT SHINGLES 2611 - ASPHALT SHINGLES ELECT. FOR o.N. - ROOF FELT A5 REM) o.N. - ROOF FELT A5 REQID FURURE FAN - ICE4 WATER SHIELD A5 REQID - ICE4 WATER SHIELD A5 REM)- R-60 BLOWN INSULATION - R-60 BLOWN INSULATION - VAPOR BARRIER - VAPOR BARRIER - 5/8" CDX SHEATHING - 5/811 CDX SHEATHING - AIR CHUTES, I" AIR SPACE - AIR CHUTES, 1" AIR SPACE I �- - - - - - - - -- - - - - - - -'IOAL .FASG.l4- - - - - -- - 5/48 (SMOOTH) "HARDIE" - 5/48 (SMOOTH) "HARDIE" - Ix3 (5MOOTH) "HARDIE" - Ix3 (SMOOTH) "HARDIE" - 1/4" "HARDIE" SOFFIT - 1/4" "HARDIE" SOFFIT - CONTINOU5 VENT - CONTINOU5 VENT II II II I I r 11 /1 TYPICAL UJALL TYPICAL UJALL \ " _ - w 3 PVC - 7t HARDIE HORIZONTAL LAP SIDING OR STONE PER ELEVATION _ - HARDIE HORIZONTAL LAP SIDING OR STONE PER ELEVATION z RADON PIPE - HOUSE WRAP z - HOUSE WRAP U PATHTO CONTRACTOROOF - 1/2" CDX PLYWOOD SHEATHING - 1/2" CDX PLYWOOD SHEATHING PER - 2x6 STUD WALL 6 1611 O.C, j - 2x6 STUD WALL f 16" O.C. - ICYNENE SPRAY FOAM (CLOSED CELL), R-20 - ICYNENE SPRAY FOAM (CLOSED CELL), R-20 1 / - 1/2" GYPSUM BOARD - 1/2" GYPSUM BOARD II II TYPICAL RIM TYPICAL RIM - 1/2" CDX PLYWOOD SHEATHING / - 1/211 CDX PLYWOOD SHEATHING - SPRAY FOAM ICYNENE IN5ULATION(CLO5ED CELL), R-20 - SPRAY FOAM ICYNENE IN5ULATION(CL05ED CELL), R-20 3/4" PLYWD SUBFLR - 2x RIM PER TRU55 MANUFACTURER 3/4" PLYWD SUBFLR - 2x RIM PER TRU55 MANUFACTURER - - — - - - - - - ---2x6 TRE-ATE"LL -FATE - - - - - -- - - - - - - - - -22x6 1RE-ATEO-StLL -Pt ATE - - - - - - - - SILL SEALER - SILL SEALER m 20" ENGINEERED FLR TRUSS - 1/2" ANCHOR BOLT ID 12" O.C. ' 20" ENGINEERED FLR TRUSS - 1/2" ANCHOR BOLT 12" O.C. WINDOW HEADER - - - - - LOCATED IN RIM - - - - - - - - - - - - ® TYPICAL FOUNDATION ° - 2" CERTISTUD EXTERIOR INSULATION - 811 POURED CONCRETE WALL (+) BRICK LEDGE PER ELEVATION TYPICAL INTERIOR OF WALL FOUNDATION :fff- #6 BARS VERTICAL �' 3011 O.C. / - INTERIOR AIR BARRIER TO BE CONTINOU5 OVER TOP OF CONCRETE WALL - RIGID INSULATION WITH FOIL BACK, ALL SEAMS TO BE Ir / SEALED - VERTICAL, SLAB AND SILL PLATE INTERFACE °EmuIT TYPICAL INTERIOR OF WALL FOUNDATION -LAYER OF GYPSUM BOARD TO MEET THERMAL o. INTERIOR AIR BARRIER TO BE CONTINOU5 O BARRIER REQUIREMENT SEAL JOINT AT FOUNDATION WALL AND SLAB 11-R ff 11 co z OVER TOP OF CONCRETE WALL a� z - 2x4 STUD WALL T 1611 O.C. - RIGID INSULATION WITH FOIL BACK, ALL SEAMS TO BE - R-13 BATT INSULATION SEALED - VERTICAL, SLAB AND SILL PLATE INTERFACE - 1/2" GYP. BRD - LAYER OF GYPSUM BOARD TO MEET THERMAL �jlzl °% BARRIER REQUIREMENT EXT, PA551VE RADONff- - SEAL JOINT AT FOUNDATION WALL AND SLAB JAMB PVC PIPE CONNECTED ° - 2x4 STUD WALL @ 16" O.C. TYPICAL FOUNDATION TO SEALED SUMP BASKET- R-13 BATT INSULATION ° - 2" CERTI5TUD EXTERIOR INSULATION 4" CONCRETE FLR \ ° - 1/2" GYP BRD 4" CONCRETE FLR °.811 1 : 8" POURED CONCRETE WALL (+) BRICK LEDGE PER ELEVATION 11 T1_11 Ti -OYER 6 MIL POLY OVER 6 MIL POLY 6 BARS VERTICAL 30" O.C. o ° °o ° z SEALED SUMP ° BASKETol TYPICAL FOOTING°rO' - - 8x20 CONTINOUS CONCRETE FT"G W/ (2) "5 REBAR 1_1 - 4" DRAINTILE SET IN GRAVEL ° . ° o °. TYPICAL FOOTINTI E_Tr TI-ITG - 8x20 CONTINOU5 CONCRETE FT11G W/ (2) #5 REBAR - 4" DRAINTILE SET IN GRAVEL _ TYPICAL FULL FOUNDATION WALL _ TYPICAL LOOKOUT FOUNDATION WALL 1/2"a'-0" - 1/2"=I'-0" REVISIONS 0 ed 0 l--1 � 0 CA �- � � 0 OL � O j 0 (V CV a N ,a W W N VL U N Ci WW T V F C I z x F'9 a � it 1z, h z < w Fa iQ H W . F t A i m [ m F x N DATE: 0-1/03/I0 COPYRIGHTED PLANS: USE OF THESE PLANS ARE PRO4157ED WRHOUT WRITTEN PERMISSION. THESE PLANS REFLECT SPATIAL AND AESTHETIC INTENTIONS AS DESIGNED WITH THE SPECIFIC CLIENT IN '1111), ANY STRUCTURAL NOTES ARE TO BE VERIFIED BY BUILDER FOR ENGINEERED INTEGRITY, THE DESIGNER OF THESE PLANS 15 NOT RESPONSIBLE FOR TIE STRUCTURAL NO -ES OR STRUCTURAL INTEGRITY OF THIS PLAN. SHEET o48 of 9 REVISIONS 0 JU mi) VJ Q O a) Lu J-1 ) Q JU VJ O VJ O Q O O J -L ) N N a 0 N q • Q � w (� N Ilk AS OF Q za xa �� Q w � V z 6 w F a xQ H � U W . F z 3 A m w F z a x N DATE: 07/03/18 COPYRIGHTED PLANS: 115E OF THESE PLANS ARE PROHIBITED WITHOUT WRITTEN PERMISSION. THESE PLANS REFLECT SPATIAL AND AESTHETIC INTENTIONS AS DESIGNED WITH THE SPECIFIC CLIENT IN MIND. ANY STRUCTURAL NOTES ARE TO BE VERIFlED BY BUILDER FOR ENGINEERED INTEGRITY. THE DESIGNER OF THESE PLANS 18 NOT RESPONSIBLE FOR THE STRUCTURAL NOTES OR STRUCTURAL INTEGRITY OF THIS PLAN, SNEET A9 of 9 RUN DATE: 08/21/2018 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM (PROPERTY OWNERS LIST) PAGE: 1 38 04-117-23 12 0017 38 04-117-23 21 0012 38 04-117-23 24 0014 M GUALTIERI & S JOHNSON LANCE B & MEREDITH C FIRST J K CUMMING & E CRESPO 2755 COUNTRYSIDE DR W 2920 SOMERSET LA 2860 DEER RUN TR ORONO MN 55356 ORONO MN 55356 ORONO MN 55356 MICHAEL GUALTIERI LANCE B & MEREDITH C FIRST JOHN K CUMMING SHAWNA JOHNSON 2920 SOMERSET LA 2860 DEER RUN TR 2755 COUNTRYSIDE DR W LONG LAKE MN 55356 LONG LAKE MN 55356 LONG LAKE MN 55356 MARK E & KIRSTIN E WILSON DREW M KETTWICK 38 04-117-23 12 0018 38 04-117-23 21 0013 T A ALEXANDER/H L ALEXANDER T R TRANGSRUD/J G TRANGSRUD 2735 COUNTRYSIDE DR W 2850 SOMERSET LA ORONO MN 55356 ORONO MN 55356 TIMOTHY A ALEXANDER JON G & TERESA R TRANGSRUD HUE L ALEXANDER 2850 SOMERSET LA 2735 COUNTRYSIDE DR W LONG LAKE MN 55356 LONG LAKE MN 55356 38 04-117-23 12 0019 38 04-117-23 21 0014 M E WILSON & K E WILSON D M KETTWICK & M J KETTWICK 2715 COUNTRYSIDE DR W 2805 SOMERSET LA ORONO MN 55356 ORONO MN 55356 MARK E & KIRSTIN E WILSON DREW M KETTWICK 2715 COUNTRYSIDE DR W MANDY JO KETTWICK LONG LAKE MN 55356 2805 SOMERSET LA LONG LAKE MN 55356 38 04-117-23 13 0005 38 04-117-23 21 0017 SCOTT BICKETT/HOLLY BICKETT OLD CRYSTAL BAY RD ASSOC INC 2695 COUNTRYSIDE DR W 38 ADDRESS UNASSIGNED ORONO MN 55356 ORONO MN 00000 SCOTT & HOLLY BICKETT ROBERT HARE 2695 COUNTRYSIDE DR W 1600 LONG LAKE BLVD LONG LAKE MN 55356 ORONO MN 55356 38 04-117-23 13 0008 38 04-117-23 21 0018 M WILSON & K ERICKSON WILSON PAUL F VIETH & JILL A VIETH 2780 DEER RUN TR E 80 WEAR LA ORONO MN 55356 ORONO MN 55356 MARK EDWARD WILSON PAUL F VIETH KIRSTIN M ERICKSON WILSON 80 WEAR LA 2715 COUNTRYSIDE DR W LONG LAKE MN 55356 ORONO MN 55356 38 04-117-23 13 0009 38 04-117-23 21 0019 JOAN E FIORE TRUST J W PFEIFFER & J R PFEIFFER 2760 DEER RUN TR E 70 WEAR LA ORONO MN 55356 ORONO MN 55356 JOAN E FIORE JASON W PFEIFFER 2760 DEER RUN TR E JONI R PFEIFFER LONG LAKE MN 55356 70 WEAR LA LONG LAKE MN 55356 38 04-117-23 13 0014 38 04-117-23 24 0002 PETER STAHL & CYNTHIA ARNOLD JASON K PITTS & JAMIE PITTS 2755 DEER RUN TR E 225 OLD CRYSTAL BAY RD S ORONO MN 55356 ORONO MN 55356 PETER O STAHL JASON K PITTS 2755 DEER RUN TR E 18100 87TH AVE N LONG LAKE MN 55356 MAPLE GROVE MN 55311 38 04-117-23 13 0015 38 04-117-23 24 0008 J A PRAUS & SANDRA L PRAUS ROSS B & NATALIE P WILLIAMS 2775 DEER RUN TR E 2815 DEER RUN TR ORONO MN 55356 ORONO MN 55356 JEFFREY A & SANDRA L PRAUS ROSS B & NATALIE P WILLIAMS 2775 DEER RUN TR E 2815 DEER RUN TR LONG LAKE MN 55356 LONG LAKE MN 55356 38 04-117-23 13 0016 38 04-117-23 24 0009 LARSON/HOFFMAN/PRAUS ET AL CHRISTINE & MARK ROBBINS 38 ADDRESS UNASSIGNED 2875 DEER RUN TR ORONO MN 00000 ORONO MN 55356 JACQUELINE R LARSON MARK S ROBBINS JAMES LARSON 2875 DEER RUN TR 2735 DEER RUN TRAIL E LONG LAKE MN 55356 ORONO MN 55356 38 04-117-23 21 0004 38 04-117-23 24 0013 SCOTT R MILLER ROBERT KACZKE & JILL KACZKE 85 OLD CRYSTAL BAY RD S 2900 DEER RUN TR ORONO MN 55356 ORONO MN 55356 SCOTT R MILLER ROBERT KACZKE & JILL KACZKE 85 OLD CRYSTAL BAY RD S 2900 DEER RUN TR LONG LAKE MN 55356 LONG LAKE MN 55356 38 04-117-23 24 0015 J REIMANN IV & K REIMANN 2820 DEER RUN TR ORONO MN 55356 JOHN REIMANN IV KRISTIN REIMANN 2820 DEER RUN TR LONG LAKE MN 55356 38 04-117-23 24 0017 OLD CRYSTAL BAY RD ASSOC INC 38 ADDRESS UNASSIGNED ORONO MN 00000 OLD CRYSTAL BAY RD ASSOC INC 14180 WEST 78TH ST STE 102 EDEN PRAIRIE MN 55344 38 04-117-23 24 0019 ANDREW J MILLS 2915 SOMERSET LA ORONO MN 55356 ANDREW MILLS 2915 SOMERSET LN LONG LAKE MN 55356 38 04-117-23 24 0020 A T SCHMUHL & J POONAWALA 2855 SOMERSET LA ORONO MN 55356 ANDREW THOMAS SCHMUHL JUMANA POONAWALA 2855 SOMERSET LA ORONO MN 55356 Hennepin County has developed electronic forms of certain property information databases. Hennepin County makes reasonable efforts to produce and publish the most current property information available. The viewer should understand, however, that Hennepin County makes no representation or warranties, either express or implied, or as to merchantability or fitness for a particular purpose regarding the accuracy and/or completeness of the information contained herein. Hennepin County Locate & Notify Map Date: 8/21/2018 (19i 70 t 2775 80 2755 270 2850 n3) 2920 2805 14) 2735 (18) 1171 rye •t_n U) x T (19) 2855 2715 (2D) 91 09) r T rJ 2695 O 2860 2820 2900 2780 fel 2760 (15) (14) 2820 2780 2860 (9) 3) 2900 276 TO 2A 151 freer 2775 Ei'9dil -1 2905 2875 t9i f 2755 3 Buffer Size: 500 feet 0 60 120 240 ft Map Comments: 1 1 1 1 1 1 1 1 1 225 Old Crystal Bay Road South This data (i) is furnished 'AS IS' with no representation as to completeness or accuracy; (ii) is furnished with no warranty of any kind; and (iii) is notsuitable for legal, engineering or surveying purposes. Hennepin County shall not be liable for any damage, injury or loss resulting from this data. For more information, contact Hennepin County GIS Office 300 6th Street South, Minneapolis, MN 55487 / gis.info@hennepin.us City Code Sections Sec. 78-912. - Reference to planning commission. Before the council may grant conditional use permits for such conditional uses as prescribed in the district regulations of this chapter, the request shall be referred to the planning commission for study concerning the effect of the proposed use on the ordinance and on the character and development of the neighborhood and for recommendation in regard to granting such conditional use and its conditions, if any, or for the denial of such conditional use. The council may by unanimous action waive reference to the planning commission. (Code 1984, § 10.09(2)) Sec. 78-916. - Granting of permit. (a) The planning commission may recommend and the council may grant a conditional use permit as the use permit was applied for or in modified form. On the basis of the application and the evidence submitted, the city must find that the proposed use at the proposed location is or will be: (1) Consistent with the community management plan; (2) Compliant with the zoning code, including any conditions imposed on specific uses as required by article V, division 3 of the City Code; (3) Adequately served by police, fire, roads, and stormwater management; (4) Provided with an adequate water supply and sewage disposal system; (5) Not expected to generate excessive demand for public services at public cost; (6) Compatible with the surrounding area as the area is used both presently and as it is planned to be used in the future; (7) Consistent with the character of the surrounding area, unless a change of character is called for in the community management plan; (8) Compatible with the character of buildings and site improvements in the surrounding area, unless a change of character is called for in the community management plan; (9) Not expected to substantially impair the use and enjoyment of the property in the area or have a materially adverse impact on the property values in the area when compared to the impairment or impact of generally permitted uses; (10) Provided with screening and buffering adequate to mitigate undesirable views and activities likely to disturb surrounding uses; (11) Not create a nuisance which generates smoke, noise, glare, vibration, odors, fumes, dust, electrical interference, general unsightliness, or other means; (12) Not cause excessive non-residential traffic on residential streets, parking needs that cause a demonstrable inconvenience to adjoining properties, traffic congestion, or unsafe access; (13) Designed to take into account the natural, scenic, and historic features of the area and to minimize environmental impact; (14) All exterior lighting shall be so directed so as not to cast glare toward or onto the public right- of-way or neighboring residential uses or districts; and (15) Not detrimental to the public health, public safety, or general welfare. (b) A conditional use permit may be granted subject to such conditions as the council may prescribe. (c) A conditional use permit shall remain in effect as long as the conditions imposed by the city council are observed, but nothing in this section shall prevent the city from enacting or amending official controls to change the status of conditional uses. (d) A certified copy of any conditional use permit shall be filed with the county recorder or registrar of titles. The conditional use permit shall include the legal description of the property included. (Code 1984, § 10.09(6); Ord. No. 77 3rd series, § 1, 7-12-2010) Sec. 78-967. - Exception. (a) The requirements of section 78-966 are not intended to govern the following land alteration activities: (1) Normal and customary grading in the area of an existing or a newly constructed building, or the grading of the driveway serving such building. (2) Any earth movement less than 500 cubic yards which does not adversely impact the existing drainage. (3) Grading, filling or excavating of 50 cubic yards or less within the shore setback zone of all lakes enumerated in article IX of this chapter. (4) The following unusual land alterations: a. Any unusual land alterations, including earth filling, removal or grading, proposed by a builder shall be subject to a permit. The following land alterations shall be considered as unusual land alterations: All excavations for foundations in excess of 12 feet average depth if any amount of the excess material removed below 12 feet depth is to be stockpiled on the site. Any additional fill brought on site outside the Shore land Overlay District, in excess of 500 cubic yards, except for fill required to raise grade for adequate frost footing protection, the intent being that structures shall not be artificially raised above the preexisting surrounding topography. Grading or alterations that would propose any changes in elevations within five feet of adjacent residential lot lines except for drainage swales and ditches. (b) Such grading and earth movement shall be subject to approval by the building inspector at the time of issuance of a building permit, provided that a plan showing proper drainage and protection of adjoining property has been submitted. Where such earth movement is not being performed in conjunction with a building permit, a separate land alteration permit shall be required. (c) The building inspector shall have the authority to refer any requests for land alteration permits to the city council for review and approval in instances where the land alteration appears to potentially create negative impacts or be not in keeping with the goals and policies of the community management plan. (Code 1984, § 10.03(21); Ord. No. 163 2nd series, § 2, 12-8-1997; Ord. No. 171 2nd series, § 1, 4-4-1998; Ord. No. 133 3rd series, § 1, 1-26-2015; Ord. No. 188 3rd series, § 2, 3-22-2017) CITY OF ORONO 2750 Kelley Parkway, P.O. Box 66 Crystal Bay, MN 55323 Phone (952) 249-4600 Fax (952) 249-4616 NOTICE The Orono City Council will hold a public hearing in the Orono Council Chambers at 2780 Kelley Parkway on September 10, 2018, beginning at 7:00 p.m. on the matter of reviewing the following land use applications: LA18-000069 Gordon James Construction, Inc., 225 Old Crystal Bay Road South, requests approval of a CUP for grading and filling activites in excess of 500 cubic yards in conjunction with construction of a new residence. All persons wishing to be heard are encouraged to attend these meetings. This is not a final agenda and is subject to change prior to the hearings. Written comments are accepted and should be submitted to the City of Orono by September 4, 2018 if possible. Interested persons may review the applications and proposed ordinance language at City offices or by visiting the City's Website at www.ci.orono.mn.us. For an appointment, please call (952) 249-4620. City of Orono Jeremy Barnhart, Community Development Director To be published in The Laker Pioneer Newspaper on August 25, 2018. Posted at: Orono City Offices Crystal Bay Post Office Long Lake Post Office AGENDA ITEM Item No.: 13 Date: September 10, 2018 Item Description: LAI 8-000059 — City of Orono Text Amendment, Sign Ordinance Presenter: Jeremy Barnhart Agenda Planning Department Community Development Director Section: Report 1. Purpose. The purpose of this agenda item is to consider an amendment to the City Code pertaining to Sign regulations. 2. Background. The Sign Ordinance was the 4t1i highest priority ordinance amendment identified by the Council and Planning Commission in the fall of 2017. The City Attorney's office drafted the proposed ordinance which repeals the existing regulations in favor of regulations that are content neutral, in part a response to recent Supreme Court ruling that prohibits regulations that are based on their content, as a violation of residents first amendment rights. The revised regulation retains many of the requirements of the current code, including: 1. The draft continues to prohibit pole signs, where free standing signs are allowed, they must be monument style. 2. The draft retains the 4 temporary sign permits annually. 3. The new regulations introduces a sign standard table (Table 1). This table is central to the "content neutral" goals of this ordinance. All signs in the various districts are regulated the same manner. 4. Table 1 on page 11 includes 5 districts. The District 4 correlates to the B-3 zoning district (Lunds Byerlys) and attempts to incorporate existing signage, ie not creating a nonconforming situation. An attempt to tailor Sign regulations in the other commercial districts to prevent non- conforming situations was made. 5. The draft allows up to 35% of changeable copy, either electric or manual. 6. The draft does not require a permit to change the face (text) of a sign. 3. 15.99 Deadline. Not applicable 4. Planning Commission Vote and Comment. The Planning Commission held the second of two public hearings on August 20'. The Commission voted 3-1 to approve the draft ordinance, but some members were concerned that a resident could post a sign advertising a commercial business on their residential property. Upon closer review, and confirmed by the City Attorney, a resident cannot post a sign advertising a business or activity not occurring on the property; this is classified as Outdoor Advertising Sign and is prohibited by proposed 78-1476 (8). 5. Public Comment. No comments have been received. 6. Staff Recommendation. Staff recommends adoption of the ordinance as drafted. COUNCIL ACTION REQUESTED Motion to approve the draft ordinance and the summary ordinance as presented. Exhibits Exhibit A. Draft Ordinance Exhibit B. Draft Summary Ordinance Exhibit C. PC August 20, 2018 Minutes draft Exhibit D. PC Staff report Prepared By: J. Barnhart Reviewed By: _Sb)R Approved By _T)a 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 ORDINANCE NO. CITY OF ORONO HENNEPIN COUNTY, MINNESOTA AN ORDINANCE REPEALING AND REPLACING IN ITS ENTIRETY CITY CODE TITLE VI, CHAPTER 78, ARTICLE X, DIVISION 4 REGULATING SIGNS THE CITY COUNCIL OF ORONO ORDAINS: SECTION 1. Orono City Code Title VI, Chapter 78, Article X, Division 4 is repealed in its entirety and replaced with the following language: Sec. 78-1465. - Recitals. This Division shall be known, cited and referred to as the Orono Sign Code, except as referred to herein, where it shall be known as "this Division." Sec. 78-1466. - Purpose. Purpose. This Sign Code is intended to establish a comprehensive and balanced system of sign control that accommodates the need for a well-maintained, safe, and attractive community, and the need for effective communications, including business identification. It is the intent of these sign regulations, to promote the health, safety, general welfare, aesthetics, and image of the community by regulating signs that are intended to communicate to the public in all areas of the City. It is not the purpose or intent of this division to regulate the message displayed on any sign. The purpose of this division is to authorize: Page 1 (1) Permanent signs which establish a high standard of aesthetics and are appropriate for the planned character in each sign district as established in Section 78-1478; (2) Signs that are compatible with their surroundings; (3) Signs that are designed, constructed, installed, and maintained in a manner that does not adversely impact public safety or create a hazard to motorists, pedestrians, or cyclists; (4) Signs that are proportioned to the scale of, and are architecturally compatible with, principal structures; (5) Permanent signs which give preference to the on -premise owner or occupant; 44 (6) Temporary commercial signs and advertising displays which provide an 45 opportunity to advertise while restricting signs that create visual clutter and 46 hazards at public right-of-way intersections; 47 48 (7) Minimize adverse effects on nearby property; and 49 50 (8) Provide for fair and consistent enforcement of the sign regulations set forth herein 51 under the authority of the City. 52 53 Sec. 78-1467. - Findings. 54 55 Findings. The City finds it is necessary for the promotion and preservation of the public 56 health, safety, welfare, and aesthetics of the community to control the construction, location, 57 size, and maintenance of signs. Further the City finds: 58 59 (1) Permanent and temporary signs have a direct impact on and relationship to the 60 image and aesthetic of the community; 61 62 (2) The manner of installation, location, and maintenance of signs affects the public 63 health, safety, welfare, and aesthetics of the community; 64 65 (3) An opportunity for viable identification of community businesses, residences, and 66 institutions must be established; 67 68 (4) The safety of motorists, cyclists, pedestrians, and other users of public streets and 69 property is affected by the number, size, location, and appearance of signs that 70 create a hazard for drivers; 71 72 (5) Installation of signs suspended from, projecting over, or placed on the tops of 73 buildings, walks, or other structures may constitute a hazard during periods of 74 high winds and an obstacle to effective fire -fighting and other emergency service; 75 76 (6) Uncontrolled and unlimited signs and sign types adversely impact the image and 77 aesthetic attractiveness of the community and thereby undermine economic value 78 and growth; 79 80 (7) Uncontrolled and unlimited signs, particularly temporary signs which are 81 commonly located within or adjacent to public right-of-way or are located at 82 driveway/street intersections, result in roadside clutter and obstruction of views of 83 oncoming traffic. This creates a hazard to drivers and pedestrians and also 84 adversely impacts a logical flow of information; 85 86 (8) Commercial signs are generally incompatible with residential uses and should be 87 strictly limited in residential zoning districts; and 88 Page 2 89 (9) The right to express noncommercial opinions in any zoning district must be 90 protected, subject to reasonable restrictions on size, height, location, and number. 91 92 Sec. 78-1468. - Scope of Regulations. 93 94 The sign regulations set forth in this Division shall apply to all structures and land uses. 95 This Division describes the signage standards for the sign districts that overlay the zoning 96 districts of the City. Specific additional regulations are established for signs which are unique in 97 purpose and not easily addressed by district regulations. No person, property owner, or lessee 98 shall place, erect, alter, modify, enhance, or change in any way a sign that does not conform to 99 the requirements of this Division and all other applicable regulations. 100 101 Sec. 78-1469. - Definitions. 102 103 For the purposes of this Division, the following words and terms are defined as follows: 104 105 Auxiliary sign means a sign that provides direction for internal circulation, parking or 106 entry, restrictions on parking, security warnings, or other similar primarily noncommercial signs 107 that are directed at people that are entering, exiting, or on a particular property. Auxiliary signs 108 do not include outdoor advertising signs. 109 110 Banner means any temporary sign of lightweight fabric or similar material mounted to a 111 pole or a building at one (1) or more edges. 112 113 Billboard means see "Outdoor advertising sign." 114 115 Canopy/awning sign means a message or logo on an awning or canopy which is 116 constructed according to the requirements of the building code, is an integral part of the building, 117 and is consistent with the architecture and design of the building. 118 119 Clear vision area means an area within a triangle that is measured along the edge of the 120 driving surface of the road starting at the intersection of two roads and driveways (public or 121 private) and extending thirty (30) feet in each direction from the intersection and then a line 122 connecting these two end points. 123 124 Changeable message sign means a message that is not permanently attached to the sign 125 face but is not a dynamic display. The message is changed manually. 126 127 Commercial message sign means any message which identifies a business or product or 128 promotes the sale of any product or service. 129 130 Dynamic display means any characteristics of a sign that appear to have movement or 131 that appear to change, caused by any method other than physically removing and replacing the 132 sign or its components, whether the apparent movement or change is in the display, the sign 133 structure itself, or any other component of the sign. This includes a display that incorporates a 134 technology or method allowing the sign face to change the image without having to physically or Page 3 135 mechanically replace the sign face or its components. This also includes, but is not limited to, 136 any rotating, revolving, moving, flashing, blinking, projecting, or animated display and any 137 display that incorporates rotating panels, LED lights manipulated through digital input, "digital 138 ink," or any other method or technology that allows the sign face to present a series of images or 139 displays. 140 141 Freestanding sign means a self-supporting sign usually held up by uprights placed in the 142 ground or any other base that is anchored to the ground. 143 144 Grand opening means commencement of operation of a new business. For purposes of 145 the ordinance, a grand opening is considered to occur if there is a business name change or 146 change in type of business or activity. 147 148 Graphic sign means a sculpture attached to or sign painted directly on a wall that is 149 primarily symbolic or representational in nature and not alpha or numeric in content or copy. 150 151 Illuminated sign means any sign, which has characters, letters, figures, designs or outlines 152 which are illuminated by an artificial light source. 153 154 Incidental sign means any sign that is generally not understandable or readable from 155 property other than where the sign is located, such as from adjacent property or a public street, as 156 determined by the City Administrator or their designee. 157 158 Lighting, backlit means an illuminated sign where the light source which illuminates the 159 wall behind individual sign letters is hidden from view. The sign letters are opaque and appear 160 as a silhouette against the lighted surface. 161 162 Lighting, external means the sign is illuminated by means of external light fixtures 163 directed at the sign. 164 165 Lighting, internal means an illuminated sign having the source of illumination located 166 inside a translucent panel and is not directly visible. 167 168 Monument sign means a freestanding sign with its sign face mounted on the ground or 169 mounted on a base at least as wide as the sign and is less than sixteen (16) feet in height. 170 171 On premise sign means a sign whose message is related to the property or the activity 172 and use occurring on the property on which the sign is located. On -premise signs include multi - 173 tenant identification signs that may advertise tenants on different property provided such tenants 174 are within the same approved PUD and parking is shared between properties. 175 176 Outdoor advertising sign means any sign that is located outdoors and that advertises a 177 product, business, service, event, or any other matter that is not available, or does not take place, 178 on the same premises as the sign. Outdoor advertising signs are commonly called billboards. An 179 outdoor advertising sign does not include a sign that is not readily understandable or readable Page 4 180 from property other than where the sign is located, such as from adjacent property or a public 181 street, as determined by the City Administrator or their designee. 182 183 Permanent sign means any sign that is not temporary. 184 185 Pole sign means a freestanding sign that is elevated off the ground by one or more poles. 186 187 Portable sign means a temporary sign with or without copy and graphic that is designed 188 or intended to be moved or transported but not including banner signs. Examples of portable 189 signs include, but are not limited to: A -frame or T -frame signs, sandwich signs; signs designed to 190 be transported by trailer or on wheels; and signs mounted on a vehicle for advertising purposes, 191 except signs identifying a business when the vehicle is being used in the normal day-to-day 192 operation of that business. A sign may be a portable sign even if it has wheels removed, was 193 designed without wheels, or is attached to the ground, a structure, or other sign. 194 195 Projecting sign means a sign, other than a wall sign, that is attached to and projects more 196 than eighteen (18) inches from the building fagade. 197 198 Public sign means a traffic control sign in Minnesota State Statutes; any identification 199 sign installed in a public park by a public authority; and any other identification, regulatory, or 200 warning sign approved by the City Council for installation on public land. 201 202 Re facing means the process of replacing the sign copy, message, logo, or graphic on a 203 sign without altering or moving the structure to which the sign face is attached. 204 205 Roof sign means a sign that is mounted on the roof of a building or on a parapet wall that 206 is above the roof line. 207 208 Rotating sign means a sign or a portion of a sign which moves in a rotating, oscillating or 209 similar manner other than changing signs. 210 211 Service area canopy means an open air roof -like structure that projects from the wall of a 212 building or is freestanding and is for the purpose of shielding equipment and/or people from the 213 elements; is often found covering service or gasoline station islands. 214 215 Sign means any written message, pictorial presentation, number, illustration, decoration, 216 banner or other device that is used to announce, direct attention to, identify, advertise or 217 otherwise make anything known. For purpose of maintenance or removal, the term "sign" shall 218 also include frames and support structures. 219 220 Sign area means the area in square feet of the smallest rectangle, circle, or triangle that 221 contains the sign copy. 222 223 Sign height means the distance measured perpendicular from the highest point of the sign 224 structure to the average grade at the base of the sign. Page 5 225 Temporary sign means a sign designed to be displayed for a limited period of time that is 226 not permanently affixed to the land or to a structure. 227 228 Wall sign means a sign attached to or erected against an exterior wall surface of a 229 building or structure. 230 231 Window sign means a sign mounted inside of a building within the window area that is 232 applied or fastened to the window in a manner that is intended to be viewed from outside the 233 building. 234 235 Sec. 78-1470. - Application Process. 236 237 An application for a sign permit shall be made on the City's permit platform. The 238 applicant shall provide all required information. 239 240 Sec. 78-1471. - Review Process. 241 242 The City Administrator or their designee shall approve or deny the sign permit 243 application in an expedited manner, no more than thirty (30) days from the receipt of the 244 completed application, including applicable fees. All complete permit applications not reviewed 245 within thirty (30) days shall be deemed approved. Applicants shall be notified in writing if the 246 application is denied, including the reasons for denial. 247 248 Sec. 78-1472. - Appeals Process. 249 250 Appeals shall be made as outlined in Sections 78-96 through 78-99 no later than 10 days 251 following the decision. 252 253 Sec. 78-1473. - Fees. 254 255 Sign permit fees and the impoundment fee shall be set by the City Council by ordinance 256 from time to time. 257 258 Sec. 78-1474. - Inspection and Enforcement. 259 260 (1) Inspection authority. All signs shall be subject to inspection by the City 261 Administrator or their designee, who is hereby authorized to enter upon any 262 property or premise to ascertain whether the provisions of this division are being 263 obeyed. Such entrance shall be made during business hours unless an emergency 264 exists. 265 266 (2) Signs in Disrepair. The City Administrator or their designee may order the 267 removal of any sign that is not maintained in accordance with the maintenance 268 provisions of this ordinance. Upon failure to comply with such notice within the 269 time specified in such order, the City Council may declare the sign to be a public Page 6 270 nuisance, impound it, and assess the cost of removal to the sign owner or the sign 271 owner's agent. 272 273 (3) Impoundment of signs on public property or within public right of way. The City 274 Administrator or their designee may, at any time and without notice, impound 275 signs that have been installed on public property, within the public right-of-way, 276 or within a public easement that are in violation of this division. The sign owner 277 or their agent may retrieve an impounded sign subject to the following rules: 278 279 a. Payment of an impoundment release fee. Any subsequent 280 impoundment(s), within one calendar year, for a particular property or 281 sign owner will require payment of double the initial impoundment release 282 fee. 283 284 b. Any impounded sign may be retrieved from the impounded area within 285 three (3) business days of the impoundment or the City Administrator or 286 their designee may dispose of it. The impoundment area can be located by 287 contacting City Hall. Any cost incurred by the City for disposal of an 288 impounded sign may be assessed to the sign owner or the sign owner's 289 agent. 290 291 C. The City shall have no obligation to notify a property owner that it has 292 impounded a sign. 293 294 d. The City shall not be held liable for any damage to an impounded sign. 295 296 Sec. 78-1475. - Exempt Signs. 297 298 All signs shall require an approved sign permit prior to placement except for the signs 299 specifically noted in this Section. Exempted signs shall not reduce the permitted signage for a 300 property. These exemptions shall not relieve the owner of the sign from the responsibility of its 301 maintenance and its compliance with the provisions of this division or any other law or 302 ordinance regulation the same. 303 304 (1) Government signs. All government signs, including but not limited to traffic 305 control and other regulatory purpose signs, street signs, identification signs, 306 informational signs, danger signs, and railroad crossing signs. 307 308 (2) Non-commercial signs in an election year. Signs of any size containing non - 309 commercial speech may be posted in any number beginning 46 days before the 310 state primary in a state general election year until ten (10) days following the 311 general election and thirteen (13) weeks prior to any special election until ten (10) 312 days following the special election provided that the signs are in compliance with 313 Minnesota Statutes. 314 Page 7 315 (3) Address signs. Address identification signs not exceeding four (4) square feet in 316 area for each structure or portion of a structure with an assigned address. Street 317 Signs with moving, swinging, revolving, or rotating parts. identification numbers are required in all sign districts and should be clearly 318 visible from the street. 319 Freestanding pole signs. 352 320 (4) Exempt residential signs. Properties in Sign District 1 shall be allowed up to eight 321 Roof signs. (8) square feet of signage provided that a single sign is no larger than six (6) 322 square feet, the signs are not illuminated, and freestanding signs are at least five 323 Projecting signs. (5) feet from any property line. 324 357 325 (5) Portable signs. Portable A -frame, T -frame, sandwich, or other similar signs that 326 supported in conformance with applicable building or other codes and regulations. do not exceed six (6) square feet in size, are not illuminated, are located within 327 fifteen (15) feet of the primary entrance to a building, and are displayed only 328 during the hours of business operation. No more than two of these signs shall be 329 in place at any given time. 330 331 (6) Incidental signs. Incidental signs or signs within a building provided the sign is 332 not readily visible from the public right-of-way and adjacent properties. 333 334 (7) Window signs. Window signs that are inside of a building shall not require a 335 permit but shall be in accordance with Section 78-1478, Table 1. 336 337 (8) Non-commercial signs. Any sign display or device allowed under this section may 338 contain any otherwise lawful noncommercial message that does not direct 339 attention to a business operated for profit, or to a commodity service for sale, and 340 that complies with the size, height, and lighting requirements of this Division. 341 342 (9) Change of copy. No permit shall be required to change the text of a sign provided 343 the sign structure and face is not otherwise enlarged, modified, enhanced or 344 altered in any way. 345 346 See. 78-1476. - Prohibited Signs. 347 The following signs shall be prohibited in all sign districts: 348 349 (1) Signs with moving, swinging, revolving, or rotating parts. 350 351 (2) Freestanding pole signs. 352 353 (3) Roof signs. 354 355 (4) Projecting signs. 356 357 (5) Noncompliant signs. Any sign not constructed, wired, assembled, attached, or 358 supported in conformance with applicable building or other codes and regulations. Page 8 359 360 (6) Signs in the right-of-way. Signs in the public right-of-way except as provided for, 361 by Minnesota Statutes, or allowed by the agency regulating the right-of-way. 362 363 (7) Signs attached to public utility poles, trees, street signs, stoplights, or fences. 364 365 (8) Permanent outdoor advertising signs, including billboards. 366 367 (9) Portable signs. Portable signs shall be prohibited, except for portable A -frame, T- 368 frame, sandwich, or other similar signs that do not exceed six (6) square feet in 369 size. 370 371 (10) Signs in the clear vision area. 372 373 (11) Signs imitating traffic control signs. Signs that are designed to resemble official 374 traffic signs except signs which are used to control traffic on private property. 375 376 (12) Any sign, sign type, sign lighting, or sign technology not specifically listed as 377 permitted in this Division shall be prohibited. 378 379 Sec. 78-1477. - Regulation by Sign District. 380 381 For the purpose of regulating signs, the following sign districts are adopted: 382 District Description 1 All residential properties zoned R-1 A, R-1 B, LR -1 A, LR -1 B, LR -1C, LR -1C-1, RR -IA, RR -113, RR -113-1, RS, PRD, RPUD 2 M-6, All nonresidential uses located in a residential district 3 B-1, B-2, B-4, B-5, B-6 4 B-3 5 I, PID 383 384 Sec. 78-1478. - Permitted Sign Type, Area, Height, and Illumination by Sign District 385 386 All signs shall conform to the applicable standards in Table 1: Sign Standards by Sign 387 District. The following provisions shall also apply: 388 389 (1) Wall Sign. Wall signs shall not extend more than eighteen (18) inches from the 390 wall they are attached to. 391 392 (2) Monument Signs. 393 394 a. No more than one monument sign shall be permitted on any site except in 395 cases where properties front more than one public street. For properties 396 that front more than one public street, one additional monument sign may Page 9 397 be permitted provided that the additional monument sign does not exceed 398 half the size of the maximum sign area allowed for a monument sign in the 399 underlying district. 400 401 b. The sign area of a monument sign shall only be calculated using one side 402 of the sign. If the two sides are different sizes, the larger side shall be used 403 for determining sign area. 404 405 C. Monument signs shall be located at least five (5) feet from any property 406 line and shall not project over the property line. Clear vision shall be 407 maintained from all streets and driveways. 408 409 d. The total area of a monument sign shall not exceed 1.5 times the permitted 410 sign copy area of a monument sign. The total sign area includes all sign 411 copy, graphics, and structure. 412 413 (3) Service Area Canopy. Each edge of a service area canopy facing a street is 414 permitted twenty-five (25) square feet of sign area in addition to all other sign 415 area permitted on the site. Such signage may be illuminated externally, internally, 416 or backlit, but no other part of the face of the canopy shall be illuminated. 417 418 (4) Awnings and Canopies. No part of an awning or sun canopy shall be less than 419 eight (8) feet or greater than twelve (12) feet above grade. Any sign area on the 420 awning, if illuminated, will be deducted from the permitted sign area. The fabric 421 or material used for the awning or canopy must be opaque and no internal 422 illumination is permitted. 423 424 (5) Adult Use Signs. In addition to this Division, all adult use oriented signs shall 425 comply with the sign requirements in the Sexually Oriented Business Ordinance. 426 427 Page 10 Table 1 78-1477 Table 1: Sign Standards by Sign District Sign Type District 1 District 2 District 3 District 4 District 5 Total Sign area on a parcel shall be in proportion to the lot frontage on a street, 5% of described by the ratio: 1 1:1 1:1 1:1 1:2.5 building foot of street frontage to X fagade feet of sign area, unless otherwise noted WALL Maximum sign copy area — 6 sf 20 sf 60 sf 100 sf 45 sf single sign Max Height wall height wall height wall height wall height wall height Lighting (a) E/I/B E/I/B E/UB E/I/B permitted FREESTANDING Type (b) M M M M M Total sign copy area 6 sf 32 sf 45 sf 45 sf 25 sf Max Height 8 ft. 8 ft. 12 ft. 20 ft. 8 ft. Lighting Witted E/I/B E/I/B E/IB E/I/B per GRAPHIC Total sign area 8 sf 20 sf 60 sf 60 sf 45 sf Max Height wall height wall height wall height wall height wall height Lighting E/I/B E/I/B E/IB E/I/B permitted WINDOW 35% of 35% of 35% of window window window Maximum coverage area Not Not area, nottoarea, nottoarea, notto permitted permitted exceed 5% exceed 5% exceed 5% of building of building of building facade facade facade AUXILIARY Max sign copy area per sign 8 sf 8 sf 8 sf 8 sf 8 sf Wall Height 4 ft. 6 ft. 6 ft. 8 ft. permitted Freestanding Height 4 ft. 4 tt. 6 ft. 6 ft. 8 ft. (a) E = external, I = internal, B = backlit (b) M = monument, P = pole (c) Single pole support only. Page 11 428 Sec. 78-1479. - Changeable Message Sign. 429 430 No more than thirty-five (35) percent of the actual sign area of a permitted sign in a non - 431 residential district shall be capable of displaying changing messages. The remainder of the sign 432 area shall not have the capability to change messages even if not used. 433 434 435 Sec. 78-1480. - Allocation of Permanent Signs on Multi -Tenant Development Sites. 436 437 In multi -tenant buildings or sites, the permitted sign area and sign types, except for 438 freestanding signs, may be installed by each individual business establishment that has exclusive 439 use of some portion of the street or otherwise primary level of the building and direct access to 440 the outside. Tenants located on the street or otherwise primary level in a center with a common 441 mall or atrium shall be considered to have direct access to the outside for the purpose of this 442 section. The management and ownership of any business establishment proposing to install 443 signage must be separate and distinct from the management and ownership of any other 444 establishment in the same building or on the same building lot. 445 446 (1) Multi -tenant buildings and properties sign allocation. Signage for establishments 447 occupying a multi -tenant building or site but not located on the street or primary 448 level of the building must be provided from the allocation of sign area and type to 449 the occupants of the street or primary level of the building as determined by the 450 property owner. 451 452 (2) Freestanding signs on multi -tenant buildings and properties. For freestanding 453 signs, a multi -tenant parcel shall be considered one parcel and freestanding signs 454 shall be permitted in accordance with Section 78-1478 Table 1. In the case of 455 multiple tenant sites, the permitted freestanding sign area shall be allocated by the 456 property owner among its tenants. 457 458 Sec. 78-1481. - Temporary On -premise Signs. 459 460 All temporary signs shall require an approved sign permit prior to placing the sign and 461 shall conform to the following: 462 463 (1) Temporary sign permit length. Temporary signs, including portable signs, 464 streamers, pennants, banners, inflatables, or other similar objects with a 465 commercial message may be displayed on (4) occasions per calendar year with a 466 maximum of ten (10) days for each occasion. The four (4) occasions may be used 467 consecutively with one permit. Temporary sign permits are nontransferable to 468 other properties or establishments on the same property. 469 470 (2) Single occupant parcels. 471 472 a. No more than one permitted temporary sign shall be permitted at any 473 given time. The area of the temporary signage shall not exceed one half of Page 12 474 the permitted sign area as allowed in Section 78-1478 Table 1 for a 475 particular sign type in the underlying sign district. 476 477 b. Freestanding temporary signs shall only be permitted in districts where 478 freestanding signs are permitted as allowed in Section 78-1478 Table 1. 479 480 (3) Multi -tenant parcels. 481 482 a. Each individual business establishment that has exclusive use of some 483 portion of the street or otherwise primary level of the building and direct 484 access to the outside qualifies for the temporary signs permitted in Section 485 78-1481 (1). Sign permits shall not be transferrable to other business 486 establishments. 487 488 b. Temporary wall signage may be permitted for each individual business 489 establishment that has exclusive use of some portion of the street or 490 otherwise primary level of the building and direct access to the outside. 491 The total temporary wall sign area for each tenant shall not exceed one 492 half of the permitted permanent wall sign area as allowed in Section 78- 493 1478 Table 1. Each business shall not have more than one wall or 494 freestanding temporary sign at a time. 495 496 C. One temporary freestanding sign may be permitted for each individual 497 business establishment that has exclusive use of some portion of the street 498 or otherwise primary level of the building and direct access to the outside. 499 The total area of all temporary freestanding signage for the parcel shall not 500 exceed one half of the permitted area of permanent freestanding signage 501 for the parcel as allowed in Section 78-1478 Table 1. The total permitted 502 temporary freestanding sign area shall be allocated by the property owner 503 or their designee among its tenants. 504 505 (4) Grand openings. New businesses with grand openings are eligible for one 506 additional temporary sign permit of any type permitted in the underlying sign 507 district with an approved permit. The sign may be in place for up to thirty (30) 508 days provided all other requirements in this section are met and the required 509 permits are obtained. This eligibility shall expire six months after the business 510 opens. 511 512 (5) Lease or vacant space. Buildings or parcels for sale or lease, or those with space 513 for sale or lease may obtain a temporary sign permit for one temporary wall or 514 monument sign that does not expire until seven (7) days after the building or 515 parcel is leased or sold. A wall sign shall not exceed thirty-two (32) square feet in 516 size and shall be used in place of a permanent wall sign. A freestanding sign shall 517 not exceed thirty-two (32) square feet in size All other provisions in this Section 518 78-1481 shall apply. 519 Page 13 520 (6) Residential, commercial, industrial developments. For the purpose of selling or 521 promoting a residential project of six or more dwelling units one sign not to 522 exceed 48 square feet; a commercial area three acres or more, or an industrial area 523 of ten acres or more, one sign not to exceed 96 feet of advertising surface may be 524 erected upon the project site. Such sign shall not remain after 90 percent of the 525 project is developed. 526 527 (7) Temporary sign height. A temporary sign shall not exceed the height limits listed 528 in Section 78-1478 Table 1 for a permanent sign of a particular sign type in a 529 given district, including inflatable signs and balloons. 530 531 (8) Sign installation. A temporary sign shall be secured and well -constructed so as 532 not to create a hazard to pedestrians or vehicles. 533 534 (9) Illumination. A temporary sign shall not be illuminated. 535 536 (10) Location. The permitted location of all temporary signs is subject to change as 537 determined by the City Administrator or their designee in order to protect the 538 public health, safety, welfare, and aesthetics. 539 540 Sec. 78-1482. — Sign Standard Adjustments. 541 542 Adjustments to the requirements and standards for the height, number, type, lighting, 543 area, and/or location of a sign or signs established by this division may be approved with a Site 544 Plan Review or Planned Unit Development process as described in Chapter 78, Article Il, 545 Division 4 and Chapter 78, Article VI of the Zoning Code. In order to approve any sign standard 546 adjustment, the following criteria of (1) or (2) shall be satisfied of this Section, and the necessary 547 criteria of (3) shall be satisfied: 548 549 (1) There are site conditions that require a sign adjustment to allow the sign to be 550 reasonably visible from a street immediately adjacent to the site. 551 552 (2) The sign adjustment will allow a sign of exceptional design or style that will 553 enhance the area or that is more consistent with the architecture and design of the 554 site. 555 556 (3) The sign adjustment will not result in a sign that is inconsistent with the purpose 557 of the zoning district in which the property is located or the current land use. 558 559 Sec. 78-1483. — Maintenance and Repair. 560 561 All signs shall be kept in good repair and free from peeling paint, rust, damaged or rotted 562 support, framework or other material, broken or missing faces or missing letters. Any structure 563 from which a sign has been moved or removed shall be repaired with materials and/or painted or 564 stained to match the existing background. 565 Page 14 566 (1) Sign permit not required. Activities considered normal maintenance and repair 567 and not requiring a sign or building permit shall include activities such as 568 replacing or repairing lamps, ballasts, transformers, trim, sign fasteners, nuts, or 569 washers; painting the pole of freestanding signs; and painting the cabinet of 570 freestanding signs or building signs. 571 572 (2) Sign permit required. For any sign that required a permit, the following activities 573 shall not be considered normal maintenance and repair and a permit shall be 574 required: 575 576 (1) 577 600 578 a. Removing the sign for the repair of the cabinet or any part thereof. 579 580 b. Changes made to a sign's size or illumination, including, but not limited 581 to, height, width, weight, area, adding or removing illumination. 582 (2) 583 C. Changes in poles, structural supports, bases or shrouds, footings, or anchor 584 bolts, moving the sign to a new location, or replacement of the interior or 585 exterior cabinet frame, except the sign face. 586 587 (3) Building permit. A building permit may be required for any signs involving the 588 construction of or changes to a sign structure and/or electrical connections as 589 determined by the Building Official. 590 591 Sec. 78-1484. - Nonconforming Signs. 592 593 It is the intent of this Division that nonconforming signs shall not be enlarged or 594 expanded, nor be used as grounds for adding other signs or uses prohibited elsewhere in the same 595 district. It is further the intent of this Division to permit legal nonconforming signs to remain 596 provided that such signs are safe, maintained so as not be unsightly, and have not been 597 abandoned or removed subject to the following provisions: 598 599 (1) Nonconforming sign continuance. A legal nonconforming sign may be continued 600 through repair, replacement, restoration, maintenance, or improvement but shall 601 not be expanded or moved to a new location. 602 603 (2) Nonconforming sign discontinuance. If the use of the nonconforming sign or sign 604 structure is discontinued for a period of one (1) year, the sign or sign structure 605 shall not be reconstructed or used except in conformity with the provisions of this 606 Division. 607 608 (3) Nonconforming sign damaged or destroyed. Should a nonconforming sign or sign 609 structure be damaged or destroyed by any means to an extent greater than fifty 610 (50) percent of its market value and all required permits for its reconstruction 611 have not been applied for within one -hundred eight (180) days of when the sign or Page 15 612 613 614 615 616 617 618 619 620 621 622 623 624 625 626 627 628 629 630 631 632 633 634 635 636 637 638 639 640 641 642 643 644 645 646 647 648 649 650 651 652 653 654 655 656 657 sign structure was damaged, it shall not be reconstructed or used except in conformity with the provisions of this Division. (4) Sign regulation conformance. Should a nonconforming sign or sign structure be permanently moved for any reason for any distance, it shall thereafter conform to the regulations for the sign district in which it is located after it is moved. (5) Loss of nonconforming land use. An existing sign devoted to a use not permitted by Chapter 78, Article IV of the Zoning Ordinance, in the zoning district in which it is located shall not be enlarged, expanded, or moved except in changing the sign to a sign permitted in the sign district in which it is located. (6) Loss of nonconforming status. When a building or use loses its nonconforming status, all signs devoted to the structure or use shall be removed and all signs painted directly on the structure shall be repainted in a neutral color or a color which will harmonize with the structure. Sec. 78-1485. - Severability. If any section, subsection, sentence, clause or phrase of this division 4 is for any reason held to be invalid by any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Division 4. The City Council hereby declares that it would have adopted this Division 4 in each section, subsection, sentence, or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases be declared invalid. SECTION 2. Orono City Code Section 78-832 is repealed in its entirety and replaced with the following language: Sec. 78-832. - Signage. (a) General provisions. All signs shall conform to the sign standards of City Code Title VI, Chapter 78, Article X, Division 4. SECTION 3. EFFECTIVE DATE: This ordinance shall take effect , 2018 after 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. Page 16 CITY OF ORONO HENNEPIN COUNTY, MINNESOTA SUMMARY ORDINANCE NO. AN ORDINANCE REPEALING AND REPLACING IN ITS ENTIRETY CITY CODE TITLE VI, CHAPTER 78, ARTICLE X, DIVISION 4 REGULATING SIGNS NOTICE IS HEREBY GIVEN that, on , 2018, Ordinance No. _ was adopted by the City Council of the City of Orono, Minnesota. NOTICE IS FURTHER GIVEN that, due to the lengthy nature of Ordinance No. , the following summary of the ordinance has been prepared for publication and approved by the City Council as authorized by state law. NOTICE IS FURTHER GIVEN that, Ordinance No. repeals and replaces in its entirety City Code Title Vi, Chapter 78, Article X, Division 4 pertaining to sign regulations. A printed copy of the whole ordinance is available for inspection by any person during the City's regular office hours or on the City's website. APPROVED for publication by the City Council of Orono, Minnesota this day of , 2018. CITY OF ORONO LM ATTEST: Anna Carlson, City Clerk Dennis Walsh, Mayor MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, August 20, 2018 6:30 o'clock p.m. 5. LA18-000059 CITY OF ORONO, TEXT AMENDMENT — SIGNS, 7:30 P.M. — 7:40 P.M. Barnhart stated this draft ordinance would delete and replace all of the sign regulations within the City Code. The ordinance is intended to remove sign regulations based on what the sign says, which is free speech concern. Another goal with the ordinance is to clarify the regulations. Sign regulations must be content neutral, regulations must apply based on the time, place, or manner of the speech rather than content. The city's current ordinance includes many references to the content of the sign. Barnhart noted the following: 1. The draft ordinance continues to prohibit pole signs. Where free-standing signs are allowed, they must be monument style. 2. The draft retains the four temporary sign permits annually. 3. The new regulations introduce a sign standard table. This table is central to the "content neutral" goals of this ordinance. All signs in the various districts are regulated the same manner. 4. Table 1 on Page 11 includes five districts. District 4 correlates to the B-3 zoning district and attempts to incorporate existing signage; i.e., not creating a nonconforming situation. An attempt to tailor sign regulations in the other commercial districts to prevent non -conforming situations was made. 5. The draft ordinance allows up to 35 percent of changeable copy, either electronic or manual. 6. The draft ordinance does not require a permit to change the face or text of a sign. A permit would be required if the sign is made bigger. Thiesse asked if the City currently has a requirement regarding the changeability. Barnhart indicated the City does not. Staff recommends approval of the ordinance as drafted. Chair Thiesse opened the public hearing at 7:34 p.m. There were no comments relating to this application. Chair Thiesse closed the public hearing at 7:34 p.m. Lemke asked if political signs are addressed. Barnhart indicated political signs are allows and would be covered on Page 10. As written, District 1 allows a certain amount of signage that is allowed in a residential district, such as a home occupation sign or a political sign. Lemke asked whether this addresses setback from property line or right-of-way. Page 1 of 2 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, August 20, 2018 6:30 o'clock p.m. Barnhart indicated there is a height limitation and a setback requirement. Thiesse asked if the City has the right to remove any noncompliant signs. Barnhart stated the City does have that right, and if the sign is a hazard, it will be removed immediately. People will also have the ability to get their sign back. Ressler noted at the last meeting there was a comment about advertising signs. Ressler asked whether there is a way to regulate that if the business is not located there. Barnhart stated the City cannot remove it because of what it says, and if the sign meets the size requirements, it would be allowed to stay. Ressler asked if that would be considered a temporary sign. Barnhart stated as long as it meets the size requirements, it can remain. Historically the City has regulated signs based on content, which is no longer allowed. Advertising a business that is not on that property would be allowed to stay since the new sign ordinance does not regulate based on content. Thiesse asked whether the City can prohibit it if it is a sign advertising a business and the person whose property it is on is getting paid to have the sign there. Barnhart stated it would be allowed. Ressler asked if the language can be changed to address those things. Barnhart stated they cannot since they would then be regulating based on content. Thiesse stated in his view that would be regulating based on commercial use. If someone is advertising a business, that is not necessarily content, and the City should be able to outlaw advertising a business in certain areas. Thiesse stated that is not regulating content but regulating what they are doing. Barnhart stated it would still be regulating based on content. Barnhart stated it is a huge departure from what the City has done in the past but that the City Attorney has advised that they cannot regulate based on content, and when you boil it down, it would be a disagreement with the sign based on what it says. Thiesse stated he disagrees with that since the sign is being used for something other than free speech and being used to advertise a business. Erickson moved, Lemke seconded, to recommend approval of Application No. 18-000059, City of Orono, Text Amendment — Signs. VOTE: Ayes 3, Nays 1, Ressler Opposed. Ressler commented he wished they could find a way to prohibit certain signs without violating the intentions of free speech. Page 2 of 2 To: Chair Thiesse and Planning Commission Members Dustin Rief, City Administrator From: Jeremy Barnhart, Community Development Director Date: August 20, 2018 Subject: #LA18-000059, City of Orono, Text Amendment related to Sign regulations. Public Hearing Application Summary: The draft ordinance would delete and replace all of the sign regulations within the city code. The ordinance is intended to remove sign regulations based on what the sign says, which is free speech concern. Other goals include clarifying the regulations. Staff Recommendation: Hold a public hearing, approve the document as presented. Background Sign regulations must be content neutral; regulations must apply based on the time, place, or manner of the speech, rather than content. Our existing ordinance includes many references to the content of the sign. The draft ordinance was developed by the City Attorney's office. This draft is offered to gather preliminary feedback prior to finalizing the document for adoption later this summer. A couple of notable sections: 1. The draft continues to prohibit pole signs, where free standing signs are allowed, they must be monument style. 2. The draft retains the 4 temporary sign permits annually. 3. The new regulations introduces a sign standard table (Table 1). This table is central to the "content neutral" goals of this ordinance. All signs in the various districts are regulated the same manner. 4. Table 1 on page 11 includes 5 districts. The District 4 correlates to the B-3 zoning district (Lunds Byerlys) and attempts to incorporate existing signage, ie not creating a nonconforming situation. An attempt to tailor Sign regulations in the other commercial districts to prevent non -conforming situations was made. 5. The draft allows up to 35% of changeable copy, either electric or manual. 6. The draft does not require a permit to change the face (text) of a sign. Public Comments To date, no public comments have been received. List of Exhibits Exhibit A. Draft Sign Ordinance