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HomeMy WebLinkAbout05-29-2018 Council PacketAgenda for Council Meeting Set for Tuesday, May 29, 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 May 14, 2018 2. Council Work Session Minutes of May 14, 2018 3. Claims/Bills 4. Approval of Rental Licenses 5. Garbage Hauler Licenses 6. Golf Course Drainage 7. Right Of Way Ordinance Update 8. Seasonal Employee Appointments 9. Hiring Part-time (Seasonal) Community Service Officer 10. Compensation Study 11. #18-3997 — Rehkamp Larson, 1300 Bracketts Point Road, Amend Approved Plan — Resolution 12. LAI 8-000025 — 3635 Togo Road, Final Plat — Resolution 13. LAI 8-000048 — 800 North Arm, Franzel Addition, Preliminary Plat Extension — 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. Presentation 14. Westonka Historical Society and Museum 15. Life Saving Recognition Public Works/City Engineer Report 16. East Long Lake Road Disposition — Discussion 17. Old Crystal Bay Road (CSAR 112-CSAH 6) Award 18. 2019 Street Maintenance and Engineering Planning Department Report 19. Consider a Petition to Convert a Portion of Bracketts Point Road from Private Ownership to the Public Road Mayor/Council Report Sign up for email notifications at www.ci.orono.mn.us — follow links for Stay Connected & Email Notification Agenda for Council Meeting Set for Tuesday, May 29, 2018, 7:00 P.M. Orono Council Chambers, 2780 Kelley Parkway, Orono, MN 55356 952-249-4600 / www.ci.orono.mn.us City Administrator Report City Attorney Report 20. 1440-1442 Shoreline Drive Rental License Adjournment Upcoming Events 2018 06-11-18 City Council Meeting, Monday, 7:00 p.m. 06-18-18 Planning Commission Meeting, Monday, 6:30 p.m. (Richard F. Crosby II) 06-25-18 City Council Work Session, Monday, 5:00 p.m. 06-25-18 City Council Meeting, Monday 7:00 p.m. 07-02-18 Park Commission Meeting, Monday, 6:30 p.m. 07-04-18 Official Holiday, City Offices Closed 07-09-18 City Council Meeting, Monday, 7:00 p.m. 07-16-18 Planning Commission Meeting, Monday, 6:30 p.m. (Aaron Printup) 07-23-18 City Council Work Session, Monday, 5:00 p.m. 07-23-18 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 ORONO CITY COUNCIL MEETING Monday, April 23, 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, IIl, Wendy Dankey, Aaron Printup, and Victoria Seals. Representing Staff were City Administrator Dustin Rief, Community Development Director Jeremy Barnhart, Finance Director Ron Olson, City Planners Melanie Curtis and Laura Oakden, 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 APRIL 23, 2018 2. CITY COUNCIL WORK SESSION MINUTES OF APRIL 23, 2018 3. CLAIMS/BILLS 4. APPROVE RENTAL LICENSES This item was removed from the Consent Agenda. 5. TRANSIENT MERCHANT LICENSE — LAKES ICE CREAM AND TREATS 6. ANTOINE PARK PLAYGROUND BORDER 7. APPOINTMENT OF 2018 SEASONAL EMPLOYEES 8. SUPERVISORY CONTROL AND DATA ACQUISITION (SCADA) UPGRADE 9. LURTON PARK TRAIL IMPROVEMENTS 10. NAVARRE PARK SPORTS COURT 11. AUTHORIZATION TO PURCHASE SCALES 12. APPROVAL TO ACCEPT RESIGNATION OF SGT. SCOTT BORIS 13. PHONE SYSTEM REPLACEMENT 14. RESOLUTION TO REASSIGN RESPONSIBILITIES OF BIG ISLAND — RESOLUTION NO. 6863 This item was removed from the Consent Agenda. Page 1 of 16 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, April 23, 2018 7:00 o'clock p.m. CONSENT AGENDA — Continued 15. LA8-000033 (18-4000) JEFF MARTINEAU,1335 ARBOR STREET, VARIANCE This item was removed from the Consent Agenda. 16. LA18-000035 — K. RYAN HASSE, NICOLE SPECK AND GARY JOHNSON, 3800 SHORELINE DRIVE, CONDITIONAL USE PERMIT AND SITE PLAN REVIEW, RESOLUTION NO. 6865 17. 18-3997 —1300 BRACKETTS POINT ROAD, AMEND APPROVED PLAN — RESOLUTION NO. 6866 (REVISED) This item was removed from the City Council Agenda. 22. LA18-000012 — MARK STIPAKOV, OUTLOT A, PHILLIPS WOODLAND TERRACE 3'D, AMEND PRELIMINARY PLAT RESOLUTION NO. 4202 — RESOLUTION NO. 6867 25. 16-3822 — EISINGER MEADOWS (3425 WAYZATA BLVD), PRELIMINARY PLAT EXTENSION — RESOLUTION NO. 6868 27. LA18-000024 — CITY OF ORONO, TEXT AMENDMENT: DEFINITIONS — ORDINANCE 206, THIRD SERIES 28. HR SOFTWARE — HR WIZE 29. MUNICIPAL SERVICES SUPPORT REPRESENTATIVE 30. COMPENSATION PLAN ADJUSTMENT — DEPUTY CHIEF Items No. 4 and 15 were removed from the Consent Agenda; Items No. 22, 25, 27, 28, 29, and 30 were added to the Consent Agenda; and Items No. 14, 17, and 24 were removed from the City Council Agenda. Printup moved, Seals seconded, to approve the Consent/City Council Agenda as revised. VOTE: Ayes 5, Nays 0. PUBLIC COMMENTS Matt Johnson, 1432 Shoreline Drive, stated he wanted to bring to the City Council's attention late night deliveries. Johnson indicated he last reported this to Staff on October 8, 2017, when there was a 12:30 p.m. delivery that occurred with lights and sirens. Johnson stated he did not pursue it because he did not get a lot of cooperation to get anything resolved. Another late-night delivery occurred on May 13. Johnson noted they were instructed by the Orono police chief on October 9 not to make any other late- night deliveries after 10:00 p.m. but that they are now happening again. Page 2 of 16 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, April 23, 2018 7:00 o'clock p.m. PUBLIC COMMENTS — Continued Johnson stated he thought he would put it on the record again. Johnson indicated he did call the police department but that the deliveries take place within a short period of time and are gone before the police can respond there. Johnson stated this has been occurring for a number of years. City Administrator Rief asked whether any have occurred this week other than May 13. Johnson indicated there has been just one delivery so far this week. Jahn Dyvik, 1780 Martha Lane, Long Lake, noted he is a Long Lake City Council member. Dyvik stated he would like to speak to a clean water initiative concerning Tanager Lake subwatershed, sometimes called the Long Lake Creek subwatershed, that Medina, Orono, and Long Lake shares. The subwatershed includes Tanager, Long Lake, Holy Name, Mooney and Hadley. Dyvik stated there is a concern about the water quality of that subwatershed and that the Long Lake Waters Association has come up with a plan to initiate a study to help address it. Dyvik noted he submitted a request last week asking for Orono's support and that he received some resistant in response to it. Dyvik noted the City of Orono had already passed a resolution regarding this partnership twice. The first time was April 25, 2016, and it refers to the total maximum daily load, which relates to the level of pollutants such as phosphorus that gets into the lake. The City of Orono in the resolution says it is required to show progress towards meeting the allocation of TMDLs. The minutes reflect that Council Member Walsh moved, Printup seconded, to adopt the resolution, which seeks to partner with other intergovernmental agencies in seeking grants and to improve the water quality in the Long Lake Creek Watershed. The motion passed unanimously. In February of 2017, the City of Orono passed another resolution that was very similar to the first resolution, but this resolution included the phrase "by studying the impact of carp." Dyvik stated the reason for that language was because they were starting to establish a plan and they wanted to focus on the carp in the subwatershed first. That motion also passed unanimously. Staff's report relating to that resolution stated that the Minnesota Pollution Control Agency had set a reduction goal of 125 pounds per year for Orono and that the Cities of Medina, Long Lake, Hennepin County, and MN/DOT have also been assigned nutrient reduction goals. In this resolution Staff included a financial element from Orono for the project, which was $20,000 over three years, and the Capital Improvement Plan budgets $50,000 for TMDL work per year. Dyvik noted Staff identified the source of funding in their report for TMDL reductions. Dyvik stated they are now at the point where the Long Lake Waters Association has put details to a plan and that time is of the essence here since the carp will start spawning soon and they have obtained the permit from the DNR. Phase I of the plan includes a financial Medina, Long Lake, Minnehaha Creek and significant private donations. Dyvik stated the funds have already been authorized by the Orono City Council back in February of 2017 and that he would like to clarify whether Orono recognizes the resolution and financial commitment from February of 2017. Dyvik stated when he sent the resolution to the Mayor and the rest of the Council, the Mayor's response was that it looks like we've done our job and we do not need to do more. Mayor Walsh noted public comments are limited to five minutes. Page 3 of 16 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, April 23, 2018 7:00 o'clock p.m. PUBLIC COMMENTS — Continued Dyvik stated he would like to receive clarification on the resolution for the Long Lake Waters Association and that they are willing to work with Staff on this item. Dyvik stated Orono is the final piece of the puzzle in the partnership. PRESENTATION 18. RECOGNITION OF SGT. SCOTT BORIS Crosby moved, Printup seconded, to adopt RESOLUTION NO. 6862, a Resolution Recognizing Sergeant Scott Boris for his 26 Years of Dedicated Service as a Police Officer to the City of Orono. VOTE: Ayes 5, Nays 0. 19. HENNEPIN COUNTY UPDATE — COMMISSIONER JAN CALLISON Hennepin County Commissioner Jan Callison provided an update to the Orono City Council on the 2018 legislative platform for Hennepin County. Callison noted there is only one week left of the 2018 legislative session and that the one outstanding item is the bonding request for the new medical examiner's facility. The current facility is in downtown Minneapolis and is in need of updating. Callison stated they should know by the end of this week whether that will be approved. Callison stated the larger facility is also necessary to help deal with the opiate crisis that is occurring in America currently. Callison noted Hennepin County has appointed someone to be a coordinator in Hennepin County to work collaboratively with other cities to address the opiate problem. Hennepin County is also looking to redo their ordinance giving residents the option for organics recycling. Callison stated if Orono has any input on this program, she would encourage they speak with Hennepin County Staff and provide that. Callison noted she also provided written information to the City Council about Hennepin County's work force. As the population is getting older, the unemployment rate is going down. Currently Hennepin County employs approximately 9,000 employees, with 62 percent being female. Callison commented as the baby boomers start to retire, various cities and counties will lose a lot of institutional knowledge. Callison noted in the next five years Hennepin County will have approximately 56 percent of its directors eligible for retirement and 62 percent in the next ten years. Callison stated Pathways is a program that was put into place to help meet the needs of certain employment areas. Hennepin County has worked with some nonprofit providers in creating curricula around employment areas that are challenging to fill, such as 911 telecommunicators, commercial drivers, and health care clerical. Callison stated the new hires done by Hennepin County have become more diverse over the years, with 65.5 percent of new hires in 2017 in Hennepin County being people of color. Callison stated they also wanted to understand if the Pathways program is effective and so they looked at 66 Pathways participants and followed them for 12 months. After 12 months 88 percent were still being retained by Hennepin County and their starting income level increased. Callison noted the Step -To -It Challenge is currently taking place and that Orono is in second place with 146,000 steps with two weeks left to go. Maple Plain is currently in first place with approximately 148,000 steps. Page 4 of 16 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, April 23, 2018 7:00 o'clock p.m. PRESENTATION 19. HENNEPIN COUNTY UPDATE — COMMISSIONER JAN CALLISON — Continued Walsh noted improvements to County Road 15 and 19 are scheduled for next year. Walsh stated that intersection has a number of issues and that he appreciates the money Hennepin County has set aside for that project. Walsh stated Orono and Three Rivers has also been working to connect the trail from the Luce Line to the Navarre area. Printup thanked Callison for her work on the opiate epidemic and child protection. 20. TOUR DE TONKA — TIM LITFIN Tim Litfin, Tour de Tonka, noted Saturday, August 4, is the date for the 2018 Tour de Tonka and that they will be traveling through 24 cities this year, with participants coming from 42 states, and 108 agencies working collaboratively on this event. Litfin reported they had 616 volunteers last year, with 773 riders completing the 100 -mile stretch. Litfin stated they have riders from all age groups and 166 different communities participating. Minnetonka is the number one community for riders and Orono comes in at number 25. Litfin stated the youngest rider last year was four years old who rode 16 miles without training wheels and the oldest rider was 88 years old. Litfin noted over the years Tour de Tonka has raised over $60,000 for the ICA food shelf and that they appreciate the assistance they receive from the local fire and police departments. Litfin thanked the City of Orono for all they do to help the event. PUBLIC WORKS/CITY ENGINEER REPORT 21. OLD CRYSTAL BAY ROAD (CSAH 112-CSAH 6) ROAD PROJECT Edwards stated he is looking for City Council approval of a resolution that authorizes the advancement of Municipal State Aid funds for this project as well as approval of the cooperative agreement with the Orono School District. Edwards stated bids for the project will be opened May 23 and brought to the City Council at their May 28 meeting. Edwards noted Staff did separate out the tree trimming portion of the work in preparation for Excel Energy to relocate their utility poles and that work began today. The overall estimate for the project is $3,192,655, with approximately $800,000 coming from the school, $1.4 million in state aid, and the remainder coming from the Community Investment Fund and the City's stormwater and sewer and water funds. Walsh noted this project was originally anticipated to take two summers due to the amount of new infrastructure going in, but that they now believe it can be accomplished in one summer. Edwards stated that is the goal. Rief stated the major driving portions of the roadway are expected to be ready by the start of school. 21. OLD CRYSTAL BAY ROAD (CSAH 112-CSAH 6) ROAD PROJECT Page 5 of 16 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, April 23, 2018 7:00 o'clock p.m. 21. OLD CRYSTAL BAY ROAD (CSAH 112-CSAH 6) ROAD PROJECT — Continued Walsh noted the City will be using MSA dollars for this project and that the funds will not be coming out of the City's road fund or general fund. Walsh stated over the past four or five years the City has redone most of the City's MSA roads. Crosby commented the road should be a lot safer once it is improved. Printup stated the City has received a lot of great cooperation from the School District on this project. Printup commented he has compiled a number of photographs of the area that show how Old Crystal Bay Road has basically stayed the same from 1920 even though the population of the area has dramatically increased. Printup moved, Crosby seconded, to adopt RESOLUTION NO. 6870, a Resolution For and to Advance Municipal State Aid Funds, and to approve the Cooperative Agreement between the City of Orono and the Orono School District. VOTE: Ayes 5, Nays 0. 4. RENTAL LICENSES Seals stated she did have a question about the list of questions that applicants are required to fill out and that Staff has provided that list to her. Seals stated she had recommended to Staff that language be included on the form calling out the fact that the City does not allow short-term rentals under 30 days so the residents are aware of that. Barnhart indicated that language has been added to the check -off sheet. Seals moved, Printup seconded, to approve the rental licenses as listed in Exhibit A for the license period of May 14, 2018, to December 31, 2019. VOTE: Ayes 5, Nays 0. PLANNING DEPARTMENT'S REPORT — JON RESSLER, REPRESENTATIVE 15. LA18-000033 (18-4000) JEFF MARTINEAU, 1335 ARBOR STREET, VARIANCE, RESOLUTION NO. 6864 Printup stated he requested this be removed from the Consent Agenda because he was wondering whether construction parking could be onsite given the narrow streets. Martineau, Applicant, stated he wants to be reasonable and that he does not want to create a disaster situation. Martineau indicated it will be a house on a smaller lot and that he knows they cannot block the streets. Martineau indicated his goal is to do proactive grading on the site to allow for parking of as many vehicles on the property but that it will be a construction zone with materials being delivered periodically. Martineau stated he is not in a position to offer a specific off-street parking spot or erecting no parking signs. Printup noted Briar is posted no parking and the streets are narrow in the area so he would like the applicant to be cognizant of that. Page 6 of 16 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, April 23, 2018 7:00 o'clock p.m. 15. LA18-000033 (18-4000) JEFF MARTINEAU, 1335 ARBOR STREET, VARIANCE, RESOLUTION NO. 6864 — Continued Martineau stated what could potentially happen is that someone might end up parking over at the Art Center. Martineau stated he will try to ensure that the laws regarding parking on the streets are abided by and that he is not looking for any special parking permits. Martineau noted if all construction parking is prohibited on the street, that will create a problem, and that he is willing to work with Staff, the police department, the fire department, and the school buses. Martineau indicated there might be one or two days where materials will be delivered to the site but most days there will be just the subcontractors and those vehicles can be accommodated on site. Printup moved, Crosby seconded, to adopt RESOLUTION NO. 6864, a Resolution Approving a Variance from Municipal Zoning Code Sections 78-420-78-305, for the property located at 1335 Arbor Street, File No. LA18-000033 (18-4000). Vote: Ayes 5, Nays 0. 23. RENTAL LICENSE 1440-1442 SHORELINE DRIVE Barnhart stated at the last meeting the City Council tabled the review of the licenses for 1440 and 1442 Shoreline Drive due to some questions regarding parking between the residential structures and the adjacent marina -based businesses, including Your Boat Club. Barnhart indicated he has pulled some information from the initial approval of the marina, including the site plan from 1989 that was approved. At the time of the marina approval, the City Council asked the property owner to identify parking. The owner identified 26 parking on the gravel or rock surface located at 1440 and 1442 Shoreline. A conditional use permit was then put in place for that parking. In 2011, Your Boat Club asked for a conditional use permit to operate its business at the site, which was approved, utilizing that parking plan generated in 1989 as the basis. Currently there are two conditional use permits operating on this property, one for the marina sales and one for Your Boat Club. Through the years the two residential structures have remained in place and are currently being renovated. The property owner at this time is asking for a rental license to rent those two spaces out. From Staff's perspective, parking is a requirement of a rental license and two parking spaces per rental dwelling must be provided. Barnhart noted this requirement applies to all rentals throughout the city. These two parcels do provide 26 parking spaces, which exceeds the parking requirement, with the parking spaces also being able to be used by Your Boat Club and the marina. Barnhart indicated Staff did perform an analysis of the parking requirements based on the number of slips and the size of the space, which was initially approved in 1989 and then again in 2011. That analysis has not been redone since there was no request to change the parking on either of the two residential lots. From Staff's perspective, the two rental properties do meet the parking requirements and therefore Staff is recommending approval. Seals asked if the 1989 conditional use permit has 26 parking spots. Barnhart stated it shows parking for 26 cars on the two subject parcels and consists of rock/gravel and is not striped. Page 7 of 16 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, April 23, 2018 7:00 o'clock p.m. 23. RENTAL LICENSE 1440-1442 SHORELINE DRIVE — Continued Seals asked if the slips were approved for the docks. Barnhart stated to his belief in 2011 there were some modifications with the expansion of boat slips and at that point the City Council used the analysis done in 1989 and came to the conclusion that no additional parking was required. Seals asked how many slips there are currently. Barnhart stated to his knowledge there are 97, with 20 of them being for rental boats. Rief noted the 26 parking spaces are only on the two residential properties. Seals commented people are parking all over the road and that she does not see how they will have parking space for someone in a rental. Mattick stated the City Council cannot unwind something from 2011. Mattick stated the number of parking stalls had been met when they applied for their conditional use permit, and that even though there have been complaints, Staff has found no violations from 1989 or 2011. Mattick noted the rental just requires two parking stalls per property and each lot has that. Mattick stated the concern appears to be that it seems they0 are double dipping on the other 26. Seals commented she is not trying to change what happened in 1989 or in 2011, but that she does not see an additional four parking stalls for the rentals based on the current use. Walsh stated there is nothing that stops them from using those parking spots and that they do not need to provide an additional four spaces. Walsh stated the conditional use permit was written poorly that long ago and basically has no restrictions on how the parking can be used. Mattick stated they are not exclusive parking stalls and there is no way for the City to contest that there are not two parking stalls for the tenant. Seals stated the no parking areas should be enforced. Mattick stated if the City could relook at the intensity of the use, it is likely some of those things would not be allowed, but that a lot of those things cannot now be undone. Mattick noted if the rental meets the requirements, the City is obligated to allow it. Walsh stated it is a matter of enforcing the no parking along the street and the late-night deliveries. Crosby asked if the rental license crosses over into commercial. Barnhart stated the two residences are on residentially zoned parcels. Crosby commented they are basically being used in a commercial aspect. Page 8 of 16 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, April 23, 2018 7:00 o'clock p.m. 23. RENTAL LICENSE 1440-1442 SHORELINE DRIVE — Continued Mattick stated the two lots are correctly zoned for what they are requesting they be used for. Mattick stated while it does seem like a cross use, a decision was made to allow it in 2011. Walsh stated the City has to enforce the rules that are currently in place. Walsh stated he assumes the police department is aware of the issues, and if they are aware of them, they should be driving by, especially on the weekends, to make sure that the parking rules are enforced. Walsh commented it is not a safe area. Dankey commented it is also an inconvenience for people trying to get home because boats are backing out on the road. Matt Johnson, 1432 Shoreline Drive, noted item number two in Staff's report is background and summary, and Paragraph 2 it reads: In 1989, a conditional use permit was issued to the previous owners. Johnson stated he is presuming that what is attached as the exhibit is what Staff referenced from 1989. Barnhart indicated he attached the resolution and site plan. Johnson noted 2674 is the resolution number. The summary in Staff's report of the resolution calls it a conditional use permit, but when he looks at the document, it is actually a variance application. Johnson indicated he has had this conversation before with Staff, but that this is some of the ongoing misunderstanding that he continues to have. Johnson asked how this constitutes a conditional use permit versus a variance application for a B2 zoning district that is approved to have a marina and where they were obtaining variances for setbacks, hardcover, and parking because they did not have the required parking with the necessary screening. Johnson noted it is now being called a conditional use permit and he would like to know what it is. Barnhart indicated there were a number of requests in 1989 and in 2011 and that a copy of the resolution and site plan was provided to the City Council for their review tonight. Barnhart stated he does not see a conditional use permit in the paperwork that was provided to the City Council and that he was trying to recreate the history and provide the information that is pertinent to the site plan. Barnhart stated the 2011 document is the most recent conditional use permit and is the one where the analysis of the parking was done. Barnhart stated to his understanding there is actually a conditional use permit predating 1989. Crosby asked if conditional use permits automatically go from business to business. Barnhart indicated they stay with the property. Mattick noted the approvals given in 1989 and 2011 stay with the property regardless if the property is sold and a variance is a demonstration that there is a hardship and runs with the land. Barnhart stated he provided the 1989 site plan because there was not a good site plan from 2011. Johnson stated there is some confusion between the conditional use permit and variance because the enforcement is different. Johnson noted the City approved a conditional use permit with respect to the boat club only and not the whole marina. The conditional use permit is specific to the boat club and Page 9 of 16 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, April 23, 2018 7:00 o'clock p.m. 23. RENTAL LICENSE 1440-1442 SHORELINE DRIVE — Continued specifically addresses the use of having a boat club and there was conversation about whether the boat club requires more parking. Johnson stated in his view Staff is conflating the two. Johnson asked whether this is the active site plan for the property. Barnhart indicated this is the site plan attached to the 1989 approval. Johnson stated this is the site plan that the City would be enforcing if the property still exists. Johnson indicated on August 17 he filed a complaint with the City of Orono stating that they are parking boats in front of the building where there are supposed to be pine trees and there is no screening between the parking spots that is required. Johnson noted both areas are supposed to have screenage and it is not being complied with. Johnson stated the City needs to enforce the site plan. Johnson indicated on the overhead the big blue building and the areas where there is supposed to be screening. Johnson stated the marina uses that area as a big circular parking lot and the City knew at that time to require screening, which would have prevented that and would have created some separation between residential and commercial. Johnson noted the screenage is still not there. Seals commented she is unaware of whether the evergreens were ever there. Walsh asked if the screening was actually part of the approval. Johnson stated it is in the resolution that it is required. Barnhart indicated it is pretty common when a new business comes forward that there is landscaping associated with a site plan. In theory, if a tree dies, it should be replaced to be consistent with the site plan, but in reality Staff does not have time to review site plans with current conditions. Barnhart stated he is not sure when any of the landscaping was removed. Walsh asked if someone comes to the City and says that there is supposed to be landscaping between two properties, whether the City can do anything. Mattick stated the problem with site plans routinely is that if at the time they were approved the area was planted, then in some respects they satisfied the site plan. Mattick indicated he has reviewed the rental licensing application but that he did not review the file back to 1989. Mattick stated site plans are usually a starting point, and if a tree dies, the City does not go out there and require it be replaced. Walsh commented this is a different situation since there should be a demarcation between a commercial use and a residential use. Johnson stated the language calls it screenage, and if it dies, it should be put back in. Walsh stated the City maybe needs to look at it a little harder. Page 10 of 16 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, April 23, 2018 7:00 o'clock p.m. 23. RENTAL LICENSE 1440-1442 SHORELINE DRIVE — Continued Mattick noted the City cannot re -require something but that they can enforce the original terms. Mattick noted what is before the City Council tonight are the two rentals but that what they are talking about right now is the business. Mattick stated the Council could look at enforcing the parking. Walsh stated that is what the Council is saying. Mattick stated the Council needs to be careful about mixing the two issues, and that before the City Council tonight is the rental license application. Johnson stated he wants the record to accurately depict what is really going on and that the marina has a very specific parking requirement and they are all related to something. If they use four parking spots for a rental, they will lose some parking spaces for the business and the number of boat slips should be reduced. Johnson noted the next paragraph of the resolution states that in 2011, Your Boat Club received a conditional use permit. The conditional use permit confirmed the number of spaces required was 70 stalls and the number available was 81. Johnson noted what the conditional use said was that there was a potential for that many and that the City did not investigate it because the City Council determined there was not a requirement for additional parking for the boat club. According to the minutes, after some discussion, the City Council made the decision that they will not require additional parking spaces just because there was a boat club. Johnson stated when they are saying in the document that the City Council confirmed, that is actually not what it says in the conditional use permit because it says potential, which means the parking was not confirmed. Johnson noted further down in the paragraph it says that they ultimately need 74 spaces and the spaces identified in the 1989 and 2011 conditional use permits show they have more than that. Johnson noted when you go to the 1989 variance and not the conditional use permit, under Item A it says that they have 73 stalls. Johnson stated there were not parking spaces in excess of 74 because there were only 73, which means there is not enough parking to allow for both residences to be rented out under Orono's rental clause. Johnson stated in the 1989 application, it says that they are being provided a variance of four stalls because they fell four stalls short at the time and did not have enough then. The next paragraph says, there is no modification to an existing conditional use permit proposed that the City may not initiate an amendment to the conditional use permit. Johnson asked what it takes or what has to occur to initiate an amendment to a conditional use permit. Mattick stated it is issued to the land and that a change in zoning cannot initiate an amendment to the conditional use permit. If violations occur to the conditional use permit, the City Council can initiate to revoke the conditional use permit. Johnson stated whether it would constitute a violation of the conditional use permit if the City Council finds out that the boat club can only have 20 boats but they are actually advertising 24. Mattick stated the advertisement by itself cannot but the filling of 24 stalls possibly would. Page 11 of 16 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, April 23, 2018 7:00 o'clock p.m. 23. RENTAL LICENSE 1440-1442 SHORELINE DRIVE — Continued Johnson noted Staff was supposed to check on that last year but he was not able to obtain a copy of what the results were. Johnson commented this situation has been going on for years. Johnson stated the City is trying to do the right thing by placing limits on certain things but that they are not devoting the resources to ensure compliance. Johnson stated he does not underestimate the complexity of the situation and that he was told by Staff to read the writing on the wall when he asked what he can do about it. Johnson stated he is going to keep coming here because he believes the City wants to do the right thing in the end. Johnson stated there are a lot of misunderstandings about what exactly exists there, but everybody in the area knows it is a problem site. Johnson stated the City can address the known violations and get the screenage back in and have them move the equipment. Johnson stated the parking lot has gotten bigger and bigger over the years. Johnson stated those are simple things the City can do to let them know that the City is watching what is happening on the site. Johnson stated someone who wants to build a brand-new house has to submit a brand-new survey to prove exactly what is existing but this commercial building can do whatever they want and the City keeps saying there is nothing they can do. Crosby commented the City cannot turn back the clock on certain issues but that the City should be able to specifically define the parameters and figure out what is enforceable. Walsh stated he is basically hearing two things. One, the road issues are a police enforcement item and the City can make them aware of them. Walsh stated the second thing the City can do is perhaps direct the City Attorney to do a full review of the documents and determine what they are allowed to do. Once that is done, the City will know what they have, but that right now it sounds like there are a lot of question marks. Johnson stated it should also make it clear to Staff what violations equate to reviewing the conditional use permit status. Walsh stated the City needs to have a complete understanding of the situation, and once that is done, the City Council can decide what needs to be done to make sure they are in compliance. Seals stated she just looked at Your Boat Club on her phone and they say they have 25 boats in the water. Mattick stated if there is a concern they are violating something, Staff should be made aware of it. Walsh stated understanding what the exact issues are would be helpful. Johnson stated EOF is the applicant for the rental property and Your Boat Club is the holder of the conditional use permit. Johnson noted the next paragraph down says the use of a once vacated residential structure is not an intensification of use. Johnson stated they have a vacant building that the City has told them they cannot use in any capacity for commercial use, but now they have fixed it up, got a permit halfway through the process, and then now that it is finished, they are entitled to have at least two more vehicles there. Johnson stated when he reads that going from a vacant property to a rental property is not an Page 12 of 16 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, April 23, 2018 7:00 o'clock p.m. 23. RENTAL LICENSE 1440-1442 SHORELINE DRIVE — Continued intensification of use, he would like to know where the City's definition of intensification of use comes from. Crosby commented Mr. Johnson has made some valid points and that the City Attorney needs to look into it. Johnson stated he is growing tired of this situation, but that his last point is that he has been made to feel when he brings a complaint that he is a problem citizen and that he is wasting Staff's time. Johnson stated the truth is that Staff is wasting his time and that he is stuck here trying to find a solution and spending money on legal fees to try to understand his legal rights. Johnson stated they are bad stewards and need to play within the rules. Johnson stated the prior decisions tried to limit the use in the past but that the City needs to reel it back in. Johnson requested Staff display the pictures he submitted. Johnson noted the first two pictures are from today and were not staged. The other picture is from Saturday when he heard screeching tires for the hundredth time. Johnson noted the area is full of boats for sale, which is typical, and the pontoon to the left is clearly parked on the area where the screening is supposed to be. Johnson noted they removed some of the rock so the pontoon can be rolled over. The cars are double stacked on the residential property that is going to be a rental property. Johnson indicated the last picture shows three cars parking on top of the crosswalk on the road. Johnson noted that picture was taken on Saturday. The boat down at the end is a River Valley & Power Sports boat that is parked partially in the street and was backed down the street. Johnson stated he also has a video about some guy complaining that it happens every time he goes by the marina. Johnson stated River Valley was just recognized as one of the top 100 dealers in the nation and that a typical marina has a certain amount of activity but that this is all year long at this site. Johnson encouraged the City Council to continue to table the rental application so they do not get into another hole. Johnson stated in his view there is not any onus on the City to hurry on this application. Walsh commented there are a number of issues that should be looked into. Mattick stated the City Council has to ask themselves if they are denying it for other people's transgressions. Mattick stated he does not know the answer to who owns what. Crosby stated they need to look deeper into the variances and conditional use permit and what was expected and still enforceable. Mattick stated if the concern is with the conditional use permit and the variance, he can look at it. The next question is, based on what is found as part of the conditional use permit and variance approvals, does any of that impact the City's ability to deny the rental licenses. Mattick stated currently Staff cannot see how those two can be tied together. Crosby stated the rental license requires four more vehicles and if they are at capacity right now, the City has to ask where those four parking stalls are going to come from. Page 13 of 16 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, April 23, 2018 7:00 o'clock p.m. 23. RENTAL LICENSE 1440-1442 SHORELINE DRIVE — Continued Mattick stated under the ordinance, they require two parking stalls for the rental. Barnhart noted the person requesting the rental license is EOF, who is the same owner of the property. Barnhart stated the City actually required in 2011 that the same entity own all three parcels, which is the case today. Mattick stated he can take a look at it, but from his standpoint, it appears there are issues with the business and parking and not necessarily the rental. Walsh stated asked whether he could take a look at this in the next two weeks. Mattick indicated he can. Printup stated they need to take a look at it so everyone understands the situation. Dankey commented it is also a safety issue. Rief stated he is going to provide the photographs to the police department in the morning and ask that the officers monitor it through the summer. Mattick stated it helps to know what the concerns and complaints are and that he will look at the terms and conditions of the conditional use permit and variance. Walsh requested Mr. Johnson provide a list of bullet points of his concerns to Staff. Printup moved, Crosby seconded, to table Item No. 23, Rental License for 1440-1442 Shoreline Drive. VOTE: Ayes 5, Nays 0. 24. CONSIDER A PETITION TO CONVERT A PORTION OF BRACKETTS POINT ROAD FROM PRIVATE OWNERSHIP TO THE PUBLIC ROAD This item was removed from the City Council Agenda at the request of the applicant. 26. LA18-000036 — ORONO APARTMENTS, LLC, 2745 KELLEY PARKWAY, COMPREHENSIVE PLAN AMENDMENT, ZONING CHANGE AMENDMENT, SITE PLAN, RESOLUTION NO. 6869 Barnhart stated this is a request for a 56 -unit, two and a half story apartment building located off of Kelley Parkway. Barnhart noted the City Council reviewed this as a concept plan earlier in the year. The proposal requires an amendment to the Comprehensive Plan to change the land use from office to high density residential, a zoning map amendment, and site plan approval. Access will be off of Kelley Parkway from two driveways in a horseshoe type configuration. The main entrance will face to the north off of Kelley Parkway. The existing driveway on the northwest corner of the property will continue to serve the dentist office and there will be some shared parking in that area. The number of required parking spaces is met, with the majority of the parking being located in a below Page 14 of 16 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, April 23, 2018 7:00 o'clock p.m. 26. LA18-000036 — ORONO APARTMENTS, LLC, 2745 KELLEY PARKWAY, COMPREHENSIVE PLAN AMENDMENT, ZONING CHANGE AMENDMENT, SITE PLAN, RESOLUTION NO. 6869 — Continued ground parking garage. The proposal meets required setbacks and building height. The floor area ratio standard is also met. Barnhart stated the main concern expressed at the Planning Commission meeting was the amount of traffic on Kelley Parkway. Hennepin County will not permit access directly onto Wayzata Boulevard. Staff feels the issues that are currently being observed will be addressed with the improvements to Highway 112 and the intersection of Old Crystal Bay Road and County Road 6. Once that project is taken care of, traffic levels in the area should decrease. Walsh noted this property is currently vacant and was originally zoned for office building. Walsh stated what is being proposed will generate a lot less traffic than an office building. Barnhart stated in addition there was some concern from the neighboring residents about the number of occupants in each apartment. The City does not have an ordinance that restricts that number and it is generally established by Fire Code based on the number of exits. The final concern expressed at the Planning Commission meeting regarded parking on Kelley Parkway. The applicants exceed the parking requirements based on two parking spaces per unit. Staff recommends approval subject to the ten conditions outlined in Staff report. Seals asked what the definition is of market rate apartments. Barnhart stated it is whatever the market will bear and that the building owner is not requesting any subsidies from the City. Walsh commented there is a need for one and two-bedroom apartments in Orono and that this building will help fill some of that need. Printup moved, Crosby seconded, to adopt RESOLUTION NO. 6869, a Resolution Approving the General Concept Plan and Granting Zone Change, and Community Management Plan Amendment Approval for Property Located at 2745 Kelley Parkway, File No. LA18-000036, subject to the ten conditions outlined in Staffs report. VOTE: Ayes 5, Nays 0. MAYOR/COUNCIL REPORT Seals stated the Park Commission and Staff are doing a fabulous job at getting a number of projects done at the local parks and that the Park Commission is very motivated. Seals stated the number of roads that are being improved is also amazing. Seals noted the list of roads to repair is massive and it is difficult to get them all done in a short period of time given a limited budget but that the City is making progress. Printup noted the City Council received an email recently about the Metropolitan Council and the fact that they will be raising sewer rates 17 percent this year. Printup stated that is a good reason to support the resolution that Orono and other communities have recently passed about the Metropolitan Council and that deregulation and a common-sense approach is the way to go. Page 15 of 16 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, April 23, 2018 7:00 o'clock p.m. MAYOR/COUNCIL REPORT — Continued Dankey commented she recently spent two weeks in China and learned a lot about their government and that she is happy to live in this country. Crosby stated he went to Missouri over the weekend to watch his daughter graduate from college. Crosby congratulated this year's graduates. Walsh commented he hopes everyone had a great Mother's Day. Walsh noted the City recently had a Comprehensive Plan Update open house and that there is a 90 -day period for residents to submit comments regarding the plan. Walsh stated there was also a Navarre group meeting that was held regarding all the good things that are going on in Navarre and the upcoming County Road 15 and 19 road project. CITY ADMINISTRATOR'S REPORT None CITY ATTORNEY'S REPORT 31. CLOSED SESSION Crosby moved, Dankey seconded, to enter into closed session at 8:52 p.m., as permitted by the attorney-client privilege to discuss a threat of litigation. VOTE: Ayes 5, Nays 0. (The City Council went into closed session from 8:52 p.m. to 9:28 p.m.) Walsh asked to bring back Item 14 to approve the item. Printup moved, Walsh seconded, to adopt RESOLUTION NO. 6863, a Resolution Reassigning Responsibilities. VOTE: Ayes 5, Nays 0. ADJOURNMENT Printup moved, Walsh seconded, to adjourn the Orono City Council meeting at 9:28 p.m. VOTE: Ayes 5, Nays 0. ATTEST: Anna Carlson, City Clerk Dennis Walsh, Mayor Page 16 of 16 Orono City Council Work Session Monday, May 14, 2018 Council Chambers 6:00 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, Finance Director Ron Olson, and City Clerk Anna Carlson. GUESTS: Long Lake Fire Department Chief, James Van Eyll and Scott Weske Meeting Start Time: 6:00 p.m. 1. Discuss Fire Department City Administrator Dustin Rief introduced the item by reading out loud a letter he developed in which he intends to send to Long Lake City Council regarding the Long Lake Fire Agreement. The letter laid out three possible options for action related to the agreement. Rief stated that he would like to have a formal discussion about the agreement to get input from the City Council. There was discussion regarding the pros and cons of each option laid out in the letter and the affects each option may or may not have on the Long Lake Fire Department and the City's they provide service to. Mayor Dennis Walsh noted that presenting this letter with the options laid out to Long Lake is a good start to developing a plan for any future services for an agreement. Walsh also noted that there is a need for further research for Option Two if it would be the decided option and that Option One would be a good choice and a manageable. Council Member Richard F. Crosby II, noted that the letter should state that Option Three, to do nothing, is the complete last resort for Orono. Crosby mentioned that Option One or Two or some variation of each would be preferable. Rief modified the letter to reiterate Crosby's request. Walsh would like to hear feedback from the other City's involved. End: 6:35 p.m. AGENDA ITEM Item No.: 3 Item Description: Claims/Bills Date: May 29, 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 109561 to 109638, totaling $141,388.29. 3. Noteworthy Payments. Vendor Amount Description of Payment #109568 BRS Enterprises $ 5,231.12 Payment for waterproofing the basement of the golf course clubhouse. Refund of estimated SAC charges collected for the #109606 Michael Kuruvilla $ 6,970.00 Montesorris School. Mr. Kuruvilla paid for 6 units in December, the final SAC determination was for only 4 units. #109629 THN Enterprises $ 4,500.00 Payment for the seasonal installation of the docks at Big Island Park. 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: `qj(9 Reviewed By: 571V Approved By: 11 City of Orono Check Register - COUNCIL REPORT Page: 1 Check Issue Dates: 5/15/2018 - 5/29/2018 May 24, 2018 01:54PM Total 109567: Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number 101-45210-404 Golf Course Clubhouse basement waterproofing ma Golf Course Amount ADVANCED IMAGING SOLUTIO 05/29/2018 109567 INV166537 602-49450-401 Printers 5/10/18-6/9/18 Sewer 52.14 ADVANCED IMAGING SOLUTIO 05/29/2018 109567 INV166537 101-41900-401 Printers 5/10/18-6/9/18 Central Services 104.30 ADVANCED IMAGING SOLUTIO 05/29/2018 109567 INV166537 101-42110-401 Printers 5/10/18-6/9/18 Police Department 104.30 Total 109567: 260.74 BRS ENTERPRISES LLC 05/29/2018 109568 1252 101-45210-404 Golf Course Clubhouse basement waterproofing ma Golf Course 5,231.12 Total 109568: 5,231.12 BUDGET PRINTING 05/29/2018 109569 7077 101-45210-352 Golf Cards Golf Course 60.93 BUDGET PRINTING 05/29/2018 109569 7212 101-42110-240 Scott Boris Retirement Plate Police Department 5.00 Total 109569: 65.93 CAMPBELL KNUTSON 05/29/2018 109570 043018-001 101-43280-307 LA18-000016 - 1370 Cherry Place Special Services 50.00 CAMPBELL KNUTSON 05/29/2018 109570 043018-01 101-43280-307 LA18-000015 - 3186 NSD Special Services 50.00 CAMPBELL KNUTSON 05/29/2018 109570 043018-010 601-49400-307 Chlorine Release Water 46.50 CAMPBELL KNUTSON 05/29/2018 109570 043018-1 101-43280-307 LA18-000013 - 601 Minnetonka Highlands Special Services 50.00 CAMPBELL KNUTSON 05/29/2018 109570 043018-10 101-41600-307 Easement 200 Bederwood Law/Legal Services 42.50 CAMPBELL KNUTSON 05/29/2018 109570 043018-137 101-42110-307 Police Matters 4/2018 Police Department 77.50 CAMPBELL KNUTSON 05/29/2018 109570 043018-148 101-41600-307 General Legal Review 4/18 Law/Legal Services 348.42 CAMPBELL KNUTSON 05/29/2018 109570 043018-148 101-41600-307 Gift Law Matters Law/Legal Services 558.00 CAMPBELL KNUTSON 05/29/2018 109570 043018-148 101-41600-307 Union Matters Law/Legal Services 96.00 CAMPBELL KNUTSON 05/29/2018 109570 043018-148 101-41600-307 Fire Contract Law/Legal Services 294.50 CAMPBELL KNUTSON 05/29/2018 109570 043018-3 101-43280-307 18-3998 - 1400 Bracketts Point Rd Special Services 100.00 CAMPBELL KNUTSON 05/29/2018 109570 043018-32 101-42400-307 Staff Meetings 4/2018 Building & Zoning 418.50 CAMPBELL KNUTSON 05/29/2018 109570 043018-71 101-41600-307 Recordings 4/18 Law/Legal Services 644.37 CAMPBELL KNUTSON 05/29/2018 109570 043018-82 101-41600-307 Litigation 4/18 Law/Legal Services 1,472.50 CAMPBELL KNUTSON 05/29/2018 109570 2717546G-1 101-43280-307 LA18-000019 - 2697 Casco Point Rd Special Services 50.00 CAMPBELL KNUTSON 05/29/2018 109570 2717-547G-1 101-43280-307 LA18-000020 - 2280 Fox St. Special Services 50.00 CAMPBELL KNUTSON 05/29/2018 109570 2717-548G-1 101-43280-307 LA18-000022 - 825 Old Crystal Bay Rd S Special Services 200.00 CAMPBELL KNUTSON 05/29/2018 109570 2717-549G-1 101-43280-307 LA18-000014 Ivy Place Special Services 175.00 CAMPBELL KNUTSON 05/29/2018 109570 2717-550G-1 101-43280-307 LA18-000025 3635 Togo Rd Special Services 175.00 CAMPBELL KNUTSON 05/29/2018 109570 2717-551G-1 101-43280-307 LA18-000034 - 2635 Kelley Parkway Special Services 1,025.00 CAMPBELL KNUTSON 05/29/2018 109570 2717-801 G-3 101-41600-307 Council Meetings 4/2018 Law/Legal Services 1,038.50 CAMPBELL KNUTSON 05/29/2018 109570 2717-802G-3 101-42400-307 B&Z Assistance 4/2018 Building & Zoning 341.00 CAMPBELL KNUTSON 05/29/2018 109570 2717-803G-3 101-41600-307 Ordinances 4/2018 Law/Legal Services 2,464.50 City of Orono Check Register - COUNCIL REPORT Page: 2 Check Issue Dates: 5/15/2018 - 5/29/2018 May 24, 2018 01:54PM Payee Check Issue Date Check Number Invoice Number Invoice GL Account Description Department Invoice Amount Total 109570: 9,767.79 CAPITOL BEVERAGE SALES L.P 05/29/2018 109571 2106498 101-45210-091 beer for resale Golf Course 195.50 Total 109571: 195.50 CARDMEMBER SERVICE 05/29/2018 109572 0051218 101-42110-439 Food items for Civilian use of Force training Police Department 13.17 CARDMEMBER SERVICE 05/29/2018 109572 0051418 101-42110-439 Food & Supplies for Scott Boris Retirement Party Police Department 65.26 CARDMEMBER SERVICE 05/29/2018 109572 051018 101-42400-439 Comprehensive Plan Open House Snacks Building & Zoning 35.89 CARDMEMBER SERVICE 05/29/2018 109572 051218 101-42110-402 Carwash for #235 Police Department 10.00 CARDMEMBER SERVICE 05/29/2018 109572 051418 101-42110-439 Cake & Food for Scott Boris Retirement Party Police Department 74.57 CARDMEMBER SERVICE 05/29/2018 109572 051518 101-45210-340 GC Website Renewal Golf Course 23.98 CARDMEMBER SERVICE 05/29/2018 109572 85738419 101-45210-221 Irrigation Repair Parts Golf Course 61.60 CARDMEMBER SERVICE 05/29/2018 109572 85738419 101-45210-223 Grass Seed Golf Course 125.32 Total 109572: 409.79 CEMSTONE 05/29/2018 109573 C1886181 101-43000-224 storage bins Public Works Department 780.00 Total 109573: 780.00 CENTURY LINK 05/29/2018 109574 1435055192 614-49840-329 Internet 3/2-3/7/18 Cable Franchise 214.29 Total 109574: 214.29 Century Link 05/29/2018 109575 050418 601-49400-321 Water Plant Phone/Internet 5/4-6/3/18 Water 132.07 Total 109575: 132.07 Centuryl-ink 05/29/2018 109576 1437510078 614-49840-329 Internet 3/8-4/7/18 Cable Franchise 1,000.00 Total 109576: 1,000.00 CHUNKS LAKESHORE AUTO 05/29/2018 109577 0015632 101-42110-402 #249 Service Police Department 43.70 CHUNKS LAKESHORE AUTO 05/29/2018 109577 0015643 101-42110-402 #243 service Police Department 43.70 CHUNKS LAKESHORE AUTO 05/29/2018 109577 0015649 101-42110-402 #244 Service Police Department 146.61 CHUNKS LAKESHORE AUTO 05/29/2018 109577 0015652 101-42110-402 #247 Service Police Department 49.69 CHUNKS LAKESHORE AUTO 05/29/2018 109577 0015656 101-42110-402 #244 Service Police Department 743.79 CHUNKS LAKESHORE AUTO 05/29/2018 109577 0015672 101-42110-402 #246 Service Police Department 127.46 City of Orono Invoice Amount Police Department 43.70 Check Register - COUNCIL REPORT Public Works Department 65.91 Central Services 21.92 Central Services Check Issue Dates: 5/15/2018 - 5/29/2018 Public Works Department Check Check Invoice Invoice GL Account Description Payee Issue Date Number Number CHUNKS LAKESHORE AUTO 05/29/2018 109577 0015675 101-42110-402 #248 Service Total 109577: CINTAS CORPORATION 05/29/2018 109578 4005870464 101-43000-226 Uniforms CINTAS CORPORATION 05/29/2018 109578 4005906421 101-41900-401 Mats/Air Service - City Hall CINTAS CORPORATION 05/29/2018 109578 4005906477 101-41900-401 Mat Service - CH CINTAS CORPORATION 05/29/2018 109578 4006062466 101-43000-226 Uniforms Total 109578: CITY OF MINNETONKA BEACH 05/29/2018 109579 051518 101-35105 2018 Admin Fines Total 109579: CITY OF MOUND 05/29/2018 109580 ADMIN2018 101-35105 2018 -Admin citations Total 109580: City of Wayzata\DMV 05/29/2018 109581 052218 405-48500-550 PW Truck Registration Total 109581: CIVIC SYSTEMS LLC 05/29/2018 109582 CVC16583 101-41500-437 Training - Finance Software Total 109582: COMMERCIAL ASPHALT 05/29/2018 109583 180515 101-43000-224 Asphalt for Black Top Repairs Total 109583: CORE & MAIN 05/29/2018 109584 1823029 651-49910-404 Irrigation Pond Check Valve Total 109584: David Delaney 05/29/2018 109585 052218 101-32510 Refund Overpayment RPS18-000006 Total 109585: DELTA DENTAL 05/29/2018 109586 7289060 101-15998 003722072- June 2018- Dental Page: 3 May 24, 2018 01:54PM Department Invoice Amount Police Department 43.70 1,198.65 Public Works Department 65.91 Central Services 21.92 Central Services 10.80 Public Works Department 63.96 162.59 1,582.50 1,582.50 3,770.68 3,770.68 Finance Department 2,180.06 2,180.06 Public Works Department 419.60 419.60 Storm Water 241.74 23.75 23.75 539.00 City of Orono Check Register - COUNCIL REPORT Check Issue Dates: 5/15/2018 - 5/29/2018 Check Check Invoice Invoice GL Account Description Payee Issue Date Number Number DELTA DENTAL 05/29/2018 109586 7289060 101-21709 003722072- June 2018- Dental Total 109586: DPC INDUSTRIES 05/29/2018 109587 DE82000037 601-49400-216 Chlorine Total 109587: ECM PUBLISHERS INC 05/29/2018 109588 596019 101-42400-340 Comprehensive Plan Open House Ad ECM PUBLISHERS INC 05/29/2018 109588 596020 101-42400-340 PH Ad 05-21-18 ECM PUBLISHERS INC 05/29/2018 109588 597956 402-48055-352 Old Crystal Bay Road Project Total 109588: EGAN 05/29/2018 109589 JC10173262 101-43000-408 Traffic Light - CR 12 & 6 Total 109589: GENUINE PARTS COMPANY/NA 05/29/2018 109590 3270-401047 701-49800-221 Oil Filter #460 GENUINE PARTS COMPANY/NA 05/29/2018 109590 3270-402613 701-49800-224 Task 18334, Truck 210 GENUINE PARTS COMPANY/NA 05/29/2018 109590 3270-402652 701-49800-224 Anti Freeze, Task 18334, Unit 210 Total 109590: GROUP HEALTH INC 05/29/2018 109591 W814374 101-41900-489 EAP health for 11/2017 Total 109591: Henn county Community Correcti 05/29/2018 109592 1000110570 101-41600-309 Jail Charges Henn county Community Correcti 05/29/2018 109592 1000110835 101-41600-309 Jail Charges Total 109592: HENNEPIN COUNTY ATTORNEY 05/29/2018 109593 052318 231-35610 30% proceeds - Case #17-002127 Total 109593: HENNEPIN COUNTY INFOR TE 05/29/2018 109594 1000110217 101-41900-319 Network Support 05-2018 HENNEPIN COUNTY INFOR TE 05/29/2018 109594 1000110334 101-43000-414 PW Radios 04/18 Department Water Building & Zoning Building & Zoning OCB Road Reconstruction Public Works Department Central Services Law/Legal Services Law/Legal Services Central Services Public Works Department Page: 4 May 24, 2018 01:54PM Invoice Amount 49.13 44.70 131.04 465.49 465.49 7A 17 161.67 55.00 55.00 1,746.80 1,689.19- 246.98 162.08 City of Orono Check Register - COUNCIL REPORT Check Issue Dates: 5/15/2018 - 5/29/2018 Page: 5 May 24, 2018 01:54PM Department Check Check Invoice Invoice GL Account Description Payee Issue Date Number Number Central Services 263.00 1,499.90 Police Department 1,499.90 Police Department 15.67 Total 109594: 15.67 Police Department 47.00 JANE SZCZEPANIK 05/29/2018 109595 052018 101-42110-226 Investigation Uniforms Total 109595: JJ TAYLOR DIST LF MN JJ TAYL 05/29/2018 109596 2791384 101-45210-091 beer for resale -GC Total 109596: JR'S ADVANCED RECYCLERS 05/29/2018 109597 94862 603-49500-442 Spring Clean Up Total 109597: KYLE RUSSETH 05/29/2018 109598 051618 101-42110-437 1st Responder Lunch Total 109598: L-3 COMMUNICATIONS 05/29/2018 109599 0316526 -IN 101-42110-550 VLX Transmitter Battery Total 109599: LANO EQUIPMENT 05/29/2018 109600 03-559073 701-49800-224 BPA supplies Total 109600: LOGIS 05/29/2018 109601 45267 101-41900-329 Backups 4/18 LOGIS 05/29/2018 109601 45267 101-42110-310 Police Records 4/18 LOGIS 05/29/2018 109601 45267 101-42110-329 Internet 4/18 LOGIS 05/29/2018 109601 45267 101-41900-329 Internet 4/18 LOGIS 05/29/2018 109601 45328 602-49450-401 Scada Issue LOGIS 05/29/2018 109601 45328 101-41900-401 ASA/Firewall Total 109601: LONG LAKE TRUE VALUE 05/29/2018 109602 B445646 101-42110-240 Hardware LONG LAKE TRUE VALUE 05/29/2018 109602 8445947 101-42110-240 Seal Tape Page: 5 May 24, 2018 01:54PM Department Invoice Amount Police Department 213.08 Police Department 54.38 Central Services 54.38 Golf Course 263.00 Central Services 263.00 1,499.90 Police Department 1,499.90 Police Department 15.67 15.67 Police Department 47.00 47.00 163.73 163.73 Central Services 917.00 Police Department 6,917.00 Police Department 205.50 Central Services 205.50 Sewer 90.00 Central Services 180.00 8,515.00 Police Department 1.94 Police Department 6.96 City of Orono Check Register - COUNCIL REPORT Check Issue Dates: 5/15/2018 - 5/29/2018 Check Check Invoice Invoice GL Account Description Payee Issue Date Number Number Total 109602: MACQUEEN EQUIPMENT 05/29/2018 109603 W02528 701-49800-403 Unit 460 Repairs & Main Total 109603: MANSFIELD OIL COMPANY 05/29/2018 109604 20732183 101-42110-212 Unleaded Fuel MANSFIELD OIL COMPANY 05/29/2018 109604 20732217 701-49800-212 Diesel Fuel Total 109604: MHSRC/Range 05/29/2018 109605 629430-6370 101-42110-437 EVOC Law Enforcement Trg-J. Barnes Total 109605: Michael Kuruvilla 05/29/2018 109606 052418 101-20809 SAC Refund Michael Kuruvilla 05/29/2018 109606 052418 101-20807 SAC Refund Total 109606: Mike Summers 05/29/2018 109607 052118 101-42110-489 Case #17-010773 Refund Total 109607: MINNEAPOLIS OXYGEN COMPA 05/29/2018 109608 00025063 101-43000-415 oxygen & acetylene MINNEAPOLIS OXYGEN COMPA 05/29/2018 109608 00025064 101-42110-221 Medical Oxygen MINNEAPOLIS OXYGEN COMPA 05/29/2018 109608 00025065 101-42110-221 Medical Oxygen MINNEAPOLIS OXYGEN COMPA 05/29/2018 109608 20064501 101-42110-221 Medical Oxygen Total 109608: MINNESOTA EQUIPMENT 05/29/2018 109609 P65955 701-49800-224 Chop Saw Blade MINNESOTA EQUIPMENT 05/29/2018 109609 P66159 101-45210-221 Tee Box Mower Battery MINNESOTA EQUIPMENT 05/29/2018 109609 P67125 101-45210-221 John Deere 455 Hydraulic Filter Total 109609: MN CITY COUNTY MGMT ASSO 05/29/2018 109610 D REIF 2018 101-41300-433 18/19-Membership-MCMA-D. Rief Department Police Department Police Department Police Department Public Works Department Police Department Police Department Police Department Golf Course Golf Course Administration Page: 6 May 24, 2018 01:54PM Invoice A-- 8.90 -- 8.90 2,463.30 2,463.30 2,862.78 384.97 415.00 415.00 4,970.00 2,000.00 6,970.00 39.11 39.11 26.10 34.80 14.40 95.71 171.01 24.99 124.81 6.71 156.51 138.12 City of Orono Check Register - COUNCIL REPORT Page: 7 Check Issue Dates: 5/15/2018 - 5/29/2018 May 24, 2018 01:54PM Check Check Invoice Invoice GL Account Description Payee Issue Date Number Number Total 109610: MN DEPT OF REVENUE -WIRE 05/29/2018 109611 043018 101-34210 Sales Tax 4/2018 MN DEPT OF REVENUE -WIRE 05/29/2018 109611 043018 101-34650 Sales Tax 4/2018 MN DEPT OF REVENUE -WIRE 05/29/2018 109611 043018 601-39610 Sales Tax 4/2018 MN DEPT OF REVENUE -WIRE 05/29/2018 109611 043018 601-20806 Sales Tax 4/2018 MN DEPT OF REVENUE -WIRE 05/29/2018 109611 043018 101-37910 Sales Tax 4/2018 MN DEPT OF REVENUE -WIRE 05/29/2018 109611 043018 101-37920 Sales Tax 4/2018 MN DEPT OF REVENUE -WIRE 05/29/2018 109611 043018 101-37930 Sales Tax 4/2018 MN DEPT OF REVENUE -WIRE 05/29/2018 109611 043018 101-37940 Sales Tax 4/2018 MN DEPT OF REVENUE -WIRE 05/29/2018 109611 043018 101-37990 Sales Tax 4/2018 MN DEPT OF REVENUE -WIRE 05/29/2018 109611 043018 101-19999 Correction on Sales Tax Return Total 109611 MOUND TRUE VALUE 05/29/2018 109612 152190 101-42110-240 Oscillating Fan - PD MOUND TRUE VALUE 05/29/2018 109612 152389 101-42110-221 Squad supplies Total 109612: MTI DISTRIBUTING INC 05/29/2018 109613 1163210-00 101-45210-404 Irrigation Repair Golf Course MTI DISTRIBUTING INC 05/29/2018 109613 1163210-01 101-45210-221 Hole Cutter Replacement MTI DISTRIBUTING INC 05/29/2018 109613 1163446-00 101-45210-403 Golf Course Irrigation Start Up Total 109613: NAVARRE HARDWARE 05/29/2018 109614 309647 101-43000-226 Dust Mask NAVARRE HARDWARE 05/29/2018 109614 309650 101-43000-224 Speed Hump Install Nuts/Bolts NAVARRE HARDWARE 05/29/2018 109614 309714 101-43000-226 PPE for Brian Clark Total 109614 O SULLIVANS HOLIDAY 546 05/29/2018 109615 APRIL 2018 101-42110-402 04/18 Car Washes Total 109615: O SULLIVANS HOLIDAY 547 05/29/2018 109616 APRIL 2018 101-42110-402 04/18 Car Washes Department Invoice Amount 138.12 .vv 13.00 436.00 905.00 340.00 5.00 1.00 2.00 5.00 Police Department 36.99 Police Department 14.26 Golf Course 362.78 Golf Course 43.00 Golf Course 390.00 Public Works Department 7.99 Public Works Department 49.51 Public Works Department 17.99 Police Department 93.50 93.50 Police Department 230.67 City of Orono Check Register - COUNCIL REPORT Page: 8 Check Issue Dates: 5/15/2018 - 5/29/2018 May 24, 2018 01:54PM Payee Check Issue Date Check Number Invoice Number Invoice GL Account Description Department Invoice Amount Total 109616: 230.67 Oath Inc. 05/29/2018 109617 371564-1800 101-42110-311 Oath File #371564, Case #18001319 Police Department 40.00 Total 109617: 40.00 OFFICE DEPOT 05/29/2018 109618 1262147600 101-41900-201 Magnetic Board Central Services 41.99 - OFFICE DEPOT 05/29/2018 109618 1360842470 101-42110-201 Office Supplies Police Department 90.95 OFFICE DEPOT 05/29/2018 109618 1360844780 101-42110-201 Office Supplies Police Department 38.27 Total 109618: 87.23 OLSEN CHAIN AND CABLE INC 05/29/2018 109619 618695 101-43000-224 Chains to pull out trucks Public Works Department 627.77 Total 109619: 627.77 Perry's Truck Repair 05/29/2018 109620 17219 701-49800-402 Tow /#431 150.00 Perry's Truck Repair 05/29/2018 109620 17252 701-49800-402 Tow /#431 150.00 Perry's Truck Repair 05/29/2018 109620 48136 101-42110-402 Tow /#428 Police Department 417.00 Perry's Truck Repair 05/29/2018 109620 48147 101-42110-402 Tow /#428 Police Department 65.00 Total 109620: 782.00 PLEAA 05/29/2018 109621 HGEHLEN 101-42110-437 2018 Spring Conference - H. Gehlen Police Department 35.00 PLEAA 05/29/2018 109621 JWERDER 101-42110-437 2018 Spring Conference - J. Werder Police Department 35.00 PLEAA 05/29/2018 109621 KHERZOG 101-42110-437 2018 Spring Conference - K. Herzog Police Department 35.00 Total 109621: 105.00 QUALITY FLOW SYSTEMS INC 05/29/2018 109622 35126 602-16500 LS #9 Rehab 8,570.00 QUALITY FLOW SYSTEMS INC 05/29/2018 109622 35127 602-16500 GS#2 Rehab 5,346.00 Total 109622: 13,916.00 R.D. & Associates Specialized Ser 05/29/2018 109623 103338 101-43000-408 Remove Hazardous Oak Tree - Highwood Ln/Rd & Public Works Department 2,338.75 Total 109623: 2,338.75 Reed Wholesale & OCS 05/29/2018 109624 050918 101-45210-093 concessions Resale Golf Course 103.20 City of Orono Check Register - COUNCIL REPORT Page: 9 Check Issue Dates: 5/15/2018 - 5/29/2018 May 24, 2018 01:54PM Payee Check Issue Date Check Number Invoice Number Invoice GL Account Description Department Invoice Amount Total 109624: 103.20 Reliable Tree Service 05/29/2018 109625 051618 402-48055-590 OCB Project OCB Road Reconstruction 20,000.00 Total 109625: 20,000.00 SRF CONSULTING GROUP INC 05/29/2018 109626 11400.00-1 408-48800-590 CSAH 112 PH2 Landscape 225.57 Total 109626: 225.57 STREICHERS POLICE EQUIP 05/29/2018 109627 11309592 101-42110-226 Pepper Spray & Smart Charger Holder Police Department 93.94 STREICHERS POLICE EQUIP 05/29/2018 109627 11309821 101-42110-226 Equipment Police Department 377.90 STREICHERS POLICE EQUIP 05/29/2018 109627 11309871 101-42110-226 Equipment Police Department 9.99 STREICHERS POLICE EQUIP 05/29/2018 109627 11310086 101-42110-226 uniforms Police Department 61.98 STREICHERS POLICE EQUIP 05/29/2018 109627 11310966 101-42110-226 Charger Cord & Holder Police Department 36.98 STREICHERS POLICE EQUIP 05/29/2018 109627 11310981 101-42110-226 uniforms Police Department 6.00 STREICHERS POLICE EQUIP 05/29/2018 109627 11311098 101-42110-226 uniforms Police Department 40.00 STREICHERS POLICE EQUIP 05/29/2018 109627 11312391 101-42110-550 Replace Rear Hatch Light & Surface Mount LED Lig Police Department 111.99 STREICHERS POLICE EQUIP 05/29/2018 109627 11312468 101-42110-226 uniforms Police Department 169.98 STREICHERS POLICE EQUIP 05/29/2018 109627 11313067 101-42110-226 uniforms Police Department 189.99 Total 109627: 1,098.75 SUN LIFE FINANCIAL 05/29/2018 109628 0518LIFE 101-15998 Life Ins-May/2018 123.00 SUN LIFE FINANCIAL 05/29/2018 109628 0518LIFE 1 01-21 71 0 Life Ins-May/2018 1,083.65 SUN LIFE FINANCIAL 05/29/2018 109628 0518STD 101-21714 STD-May/2018 695.85 SUN LIFE FINANCIAL 05/29/2018 109628 0618LIFE 101-21710 Life Ins-June/2018 1,018.50 SUN LIFE FINANCIAL 05/29/2018 109628 0618LIFE 101-15998 Life Ins-June/2018 123.00 SUN LIFE FINANCIAL 05/29/2018 109628 0618STD 101-21714 STD-Jun/2018 636.00 Total 109628: 3,680.00 THIN ENTERPRISES 05/29/2018 109629 1946 101-45200-404 Big Island Dock Transport Parks 4,500.00 Total 109629: 4,500.00 VARNER MOBILE SERVICES LL 05/29/2018 109630 6384 701-49800-402 Wire Trucks & Trailer Electrical Plugs 733.39 City of Orono Check Register - COUNCIL REPORT Page: 10 Check Issue Dates: 5/15/2018 - 5/29/2018 May 24, 2018 01:54PM Payee Check Issue Date Check Number Invoice Number Invoice GL Account Description Department Invoice Amount Total 109630: 733.39 VERIZON WIRELESS 05/29/2018 109631 9806692295 101-42110-321 Internet 04/7-5/6/18 Police Department 1,462.22 VERIZON WIRELESS 05/29/2018 109631 9806692295 101-41900-321 Internet 04/7-5/6/18 Central Services 117.75 VERIZON WIRELESS 05/29/2018 109631 9806692295 101-42400-321 Internet 04/7-5/6/18 Building & Zoning 32.71 VERIZON WIRELESS 05/29/2018 109631 9806692295 101-43000-321 Internet 04/7-5/6/18 Public Works Department 88.31 VERIZON WIRELESS 05/29/2018 109631 9806692295 101-45210-321 Internet 04/7-5/6/18 Golf Course 80.82 VERIZON WIRELESS 05/29/2018 109631 9806692295 601-49400-321 Internet 04/7-5/6/18 Water 113.53 VERIZON WIRELESS 05/29/2018 109631 9806692295 602-49450-321 Internet 04/7-5/6/18 Sewer 80.82 VERIZON WIRELESS 05/29/2018 109631 9806692295 101-41900-221 City Admin-Pad/Keyboard Central Services 384.98 VERIZON WIRELESS 05/29/2018 109631 9806692295 101-43000-221 PW Brush Site Pad Public Works Department 377.48 VERIZON WIRELESS 05/29/2018 109631 9806692295 101-45200-321 Internet 04/7-5/6/18 Parks 32.71 Total 109631: 2,771.33 VESSCO INC 05/29/2018 109632 72973 601-49400-405 N. Waterplant Chemical Feed System Rpr Water 1,954.73 Total 109632: 1,954.73 Warning Lites of MN 05/29/2018 109633 200467 101-43000-415 Road Closure East Long Lake Blvd Public Works Department 562.00 Total 109633: 562.00 WASTE MANAGEMENT RECYC 05/29/2018 109634 0040360-280 603-49500-316 Reccycling 05/2018 9,144.32 Total 109634: 9,144.32 WESTSIDE WHOLESALE TIRE 05/29/2018 109635 811198 701-49800-402 Repair Bobcat tire & Replace Unit 427 tire 333.67 Total 109635: 333.67 WILLIAMS TOWING 05/29/2018 109636 148196 231-45650-436 tow case #OR18004989 155.00 Total 109636: 155.00 Winning Edge Inc 05/15/2018 109556 65936 101-42110-226 Orono PD Retirement Award Police Department 49.60 - Total 109556: 49.60- City of Orono Check Register - COUNCIL REPORT Check Issue Dates: 5/15/2018 - 5/29/2018 Check Check Invoice Invoice GL Account Description Payee Issue Date Number Number Winning Edge Inc 05/15/2018 109561 65936 101-42110-226 Orono PD Retirement Award Winning Edge Inc 05/15/2018 109561 65936 101-42110-226 Orono PD Retirement Award Total 109561: Witt's End Landscaping 05/29/2018 109637 2699 234-45680-530 Lurton Dog Park Gravel Trails Material Total 109637: Wright -Hennepin Coop Electric 05/29/2018 109638 050118 101-43000-386 Electical Service 4/1-5/1/18 Total 109638: Grand Totals: Page: 11 May 24, 2018 01:54PM Department Invoice Amount Police Department 49.60 Police Department 156.45 206.05 18,450.00 18,450.00 Public Works Department 196.14 196.14 141,388.29 AGENDA ITEM Item No.: 4 Item Description: Approval of Rental License Date: May 29, 2018 Presenter: Anna Carlson, Agenda Consent Agenda City Clerk Section: 1. Purpose. The purpose of this action item is to approve the Rental License for the license period of May 29, 2018 to December 31, 2019. 2. Staff Recommendation. Staff recommends approval of the rental license as listed in Exhibit A for the license period of May 29, 2018 to December 31, 2019. The Rental License Applicants in Exhibit A have submitted all of the requested documents and have met all requirements. COUNCIL ACTION REQUESTED Motion to approve the rental license listed in Exhibit A for the license period of May 29, 2018 to December 31, 2019. Exhibits Exhibit A. Listing of Rental License Prepared By: AMC Reviewed By: AMC Approved By: -TV License# Istatus lAddress I Licensee I Fees I Payments I Balance Due RL18-000063 jUnder Review 1860 BROWN RDS lEthan de Naray I lool 1001 0 AGENDA ITEM Item No.: 5 Date: May 29, 2018 Item Description: Approval of Garbage Hauler Licenses Presenter: Anna Carlson, Agenda Consent Agenda City Clerk Section: 1. Purpose. The purpose of this action item is to approve the Garbage Hauler Licenses for the license period of June 1, 2018 to May 31, 2019. 2. Staff Recommendation. Staff recommends approval of the Garbage Hauler licenses as listed in Exhibit A for the license period of June 1, 2018 to May 31, 2019. The Garbage Hauler License Applicants in Exhibit A have submitted all of the requested documents and have met all requirements. COUNCIL ACTION REQUESTED Motion to approve the Garbage Hauler licenses listed in Exhibit A for the license period of June 1, 2018 to May 31, 2019. Exhibits Exhibit A. Listing of Garbage Hauler Licenses Prepared By: AMC Reviewed By: AMC Approved By: JS)�W License# Business Name Total License Fees License Type GH18-000004 Veit Container Corp DBA Veit Disposal Systems 90 Garbage Hauler License GH18-000005 Randy's Sanitation, Inc. 390 Garbage Hauler License GH18-000006 Baldy Sanitation Inc. 90 Garbage Hauler License GH18-000007 lWaste Management I 135 Garbage Hauler License AGENDA ITEM Item No.: Item Description: Golf Course Drainage Date: May 29, 2018 Presenter: Jason Goehring Agenda Consent Agenda Parks and Golf Course Supervisor Section: 1. Purpose. The purpose of this action item is to gain approval to proceed with preparation of a project to improve the drainage on the golf course. 2. Background. For the past several years the Golf Course has been suffering from drainage issues. The system of drain tiles that do exist are very old and no longer serve their purpose. Public Works undertook a project 3 years ago to rebuild the main drainage line which now appears to be functioning well. However the smaller drain tiles that feed it are not functioning. Installation of these small drain tiles is not within Public works core competences and therefore should be performed by an experienced contractor. In 2017 the Golf Course Superintendent solicited quotes from several contractors. Based on the cost and the impact to the golf course we decided to phase the project over several years. Last year we completed Fairway #9. This year we intend to complete fairway #1. 3. Project Scope. Install drain tiles on #1 fairway, regrade and install catch basins. 4. Cost. The City received two quotes. Contractor Quote Duininck Golf $13,900.00 Hartman Companies $13,940.00 5. Funding. This project will be funded through the Park Enterprise Fund. The Stormwater fund has an estimated EOY18 balance of $1,410,101. 6. Staff Recommendation. I recommend that the council accept the quote from Duininck Gold for $13,900. COUNCIL ACTION REQUESTED Motion to accept the quote from Duininck Golf for $13,900 to install drain tile in fairway #1 Prepared By: JG Reviewed By:� Approved By: �L AGENDA ITEM Item No.: Item Description: Right of Way Ordinance Update Date: May 29, 2018 Presenter: Adam T. Edwards, P.E. Agenda Consent Agenda Public Works Director/City Engineer Section: 1. Purpose. The purpose of this action item is to adopt an updated Right of Way (ROW) Ordinance. 2. Background. In 2017 the State of Minnesota adopted legislation impacting how municipalities may regulate their right of ways with respect to small wireless facilities. In order to address the new state requirements staff developed a ROW ordinance (Exhibit A). The draft ROW ordinance is based on a League of Minnesota Cities (LMC) template that was adapted to Orono's situation by the City Attorney and Engineer. Background information from the LMC on the state legislation and its impact to ROWS is at Exhibit B. 3. Summary. The attached ordinance updates the existing ROW ordinance by providing direction on the process for ROW permits, the conditions of the permit, fees, and inspections. Permits are broken into three categories: excavation, obstruction and small cell. 4. Staff Recommendation. Staff recommend that adoption of the attached ordinance change. COUNCIL ACTION REQUESTED Motion to adopt the resolution at Exhibit A. Exhibits Exhibit A. Draft ROW ordinance. Exhibit B. 2017 Telecommunications Right -of -Way User Amendments Permitting Process for Small Wireless Facilities Prepared By: Reviewed By: -Sb)R Approved By: -T) ORDINANCE NO. CITY OF ORONO HENNEPIN COUNTY, MINNESOTA AN ORDINANCE REPEALING AND REPLACING IN ITS ENTIRETY CITY CODE TITLE III, CHAPTER 18, ARTICLE IV REGARDING RIGHT-OF-WAY MANAGEMENT THE CITY COUNCIL OF ORONO ORDAINS: SECTION 1. Orono City Code Title I11, Chapter 18, Article IV is repealed in its entirety and replaced with the following language: ARTICLE IV. - RIGHT-OF-WAY MANAGEMENT Section 18-171. - Election to Manage the Public Right -of -Way. Pursuant to the authority granted to the city under state and federal statutory, administrative and common law, the city hereby elects, pursuant to Minnesota Statutes Section 237.163 to manage the right-of-way within its jurisdiction. Section 18-172. - Definitions. The definitions included in Minnesota Statutes Section 237.162 and Minnesota Rules 78 10.0 100 subparts 1 through 25 are hereby adopted by reference and are incorporated into this chapter as if set out in full. Section 18-173. - Permit Requirement. (a) Permit Required. Except as otherwise provided in this code, no person may obstruct, excavate or install or place any facilities in any right-of-way without first having obtained the appropriate right-of-way permit from the city to do so. (1) Excavation Permit. An excavation permit is required to excavate that part of the right-of-way described in such permit and to hinder free and open passage over the specified portion of the right-of-way by placing facilities described therein to the extent and for the duration specified therein. (2) Obstruction Permit. An obstruction permit is required to hinder free and open passage over the specified portion of right-of-way by placing equipment described therein on the right-of-way, to the extent and for the duration specified therein. An obstruction permit is not required if a person already possesses a valid excavation permit for the same project. 196937v1 (3) Small Wireless Facility Permit. A small wireless facility permit is required to erect or install a wireless support structure or collocate a small wireless facility, or to otherwise install a small wireless facility in the specified portion of the right-of-way, to the extent specified therein, provided that such permit shall remain in effect for the length of time the facility is in use unless lawfully revoked. (b) Permit Extension. No person may excavate or obstruct or install or place any facilities in the right-of-way beyond the date or dates specified in the permit unless (i) such person makes a supplementary application for another right-of-way permit before the expiration of the initial permit, and (ii) the new permit or permit extension is granted. (c) Delay Penalty. In accordance with Minnesota Rule 7819.1000 subp. 3 and notwithstanding subd. b of this section, the city shall establish and impose a delay penalty for unreasonable delays in right-of-way excavation, obstruction, patching, or restoration and in placing new wireless support structures and small wireless facilities. (d) Permit Display. Permits issued under this chapter shall be conspicuously displayed or otherwise available at all times at the indicated work site and shall be available for inspection by the city. Section 18-174. - Permit applications. Application for a permit is made to the city. Right-of-way permit applications shall contain, and will be considered complete only upon compliance with the requirements of the following provisions: (a) Submission of a completed permit application form including all required attachments, and scaled drawings showing the location and area of the proposed project and the location of all known existing and proposed facilities, and the following information: (1) Each permittee's name, Gopher One -Call registration certificate number, address and email address, if applicable, and telephone and facsimile numbers. (2) The name, address, and email address, if applicable, and telephone and facsimile numbers of a local representative or designee shall be available at all times. (3) A certificate of insurance or self-insurance: 196937v1 i. Verifying that an insurance policy has been issued to the permittee by an insurance company licensed to do business in the State of Minnesota, or a form of self-insurance acceptable to the city. ii. Verifying that the permittee is insured against claims for personal injury, including death, as well as claims for property damage arising out of the a) Use and occupancy of the right-of-way by the permittee, its officers, agents, employees and permittees, and b) Placement and use of facilities and equipment in the right- of-way by permittee, its officers, agents, employees and permittees including, but not limited to, protection against liability arising from completed operations, damage of underground facilities and collapse of property; iii. Naming the city as an additional insured as to whom the coverages required herein are in force and applicable and for whom defense will be provided as to all such coverages; iv. Requiring that the city be notified thirty (30) days in advance of cancelation of the policy or material modification of a coverage term; V. Indicating comprehensive liability coverage, automobile liability coverage, workers compensation and umbrella coverage established by the city in amounts sufficient to protect the city and the public and to carry out the purposes and policies of this chapter; vi. The city may require a copy of the actual insurance policies; vii. If the person is a corporation, a copy of the certificate required to be filed with the Secretary of State as recorded and certified to by the Secretary of State. viii. A copy of the person's order granting a certificate of authority from the Minnesota Public Utilities Commission or other authorization or approval from the applicable state or federal agency to lawfully operate, where the person is lawfully required to have such certificates from said commission or other state or federal agency. (b) Payment due the city for: 196937v1 (1) Permit fees, estimated restoration fees and other management costs; (2) Prior obstructions, excavations, and installations and placements of wireless support structures and small wireless facilities. (3) Any undisputed loss, damage, or expense suffered by the city because of applicant's prior excavations or obstructions of the right-of-way or installation of new wireless support structures or collocation of small wireless facilities; (4) Franchise fees or other charges, if applicable. Sec. 18-175. - Issuance of Permit; Conditions. (a) Permit Issuance. If the applicant has satisfied the requirements of this chapter, the city shall issue a permit. (b) Conditions. The following conditions shall apply to all permits: (1) Barricades, warning signs and warning lights on all street excavations shall be placed in accordance with the Minnesota Uniform Traffic Control Service Manual. (2) A permittee shall take precautions to avoid creating unsafe or unsanitary conditions. (3) A permittee shall not obstruct a public right of way, except as expressly authorized by a permit, so as to hinder the natural, free and clear passage of water through the gutters or other waterways. (4) A permittee shall provide owners of property abutting the right of way where work will occur written notice 48 hours in advance of such work. (5) A permittee shall provide proper trench protection as required by O.S.H.A. to prevent any cave-in, injury to property or persons, or enlargement of the excavation. (6) Excavations, trenches and jacking pits off the roadway surface area or adjacent to the roadway or curbing shall be sheathed and braced. When unattended, all excavations, trenches and jacking pits shall be protected to prevent erosion from surface drainage. (7) A permittee shall protect the root growth of significant trees and shrubbery located within the public right of way and adjacent thereto. A permittee 196937v1 shall protect sprinkler systems, pet containment systems, and sod located adjacent to the public right of way. (8) A permittee shall coordinate project work and installation of facilities in co -locations with other public right of way users. (9) A permittee shall maintain access to all properties and cross streets during project work, including emergency vehicle access. (10) A permittee shall physically locate property lines abutting the project work. The permittee shall replace, with the services of a Minnesota licensed surveyor, any property corners or monuments disturbed as a result of the project. (11) A permittee shall remove daily all dirt from sidewalks, trails, public and private roadway surfaces and curbs and gutters during project work. (12) Fiber facilities shall be buried in a proper conduit and at a depth of no less than three feet deep and no more than four feet deep; copper facilities below concrete or bituminous paved roadway surfaces shall be buried no less than three feet deep and no more than four feet deep, and all other copper facilities shall be buried no less than 30 inches deep and no more than four feet deep. (13) All underground facilities which cross streets or hard surfaced driveways shall be bored and installed in conduit when requested by the City. Gas mains and services do not need to be installed in conduit. (14) When using trenchless installation methods to cross an area where an existing utility is located or when directed by the City, the permittee shall excavate an observation hole to expose the existing utility prior to crossing such utility to ensure that existing utilities are not damaged. When an observation hole must be excavated in an existing pavement section, the pavement must be cut using the coring method. Saw cutting, jack hammering or any other means of excavating the observation hole shall be strictly prohibited without prior approval from the City Engineer. (15) Unless approved by the City Engineer, all above ground appurtenances: shall be located no closer than 10 feet to City hydrants, waterline valves, manholes, lift stations, catch basins; shall be located no closer than two feet from sidewalks or trails; and shall not be located in front of any city or private sign, monument or amenity for facilities or parks. 196937v1 (16) Underground facilities shall not be installed within five feet of hydrants, waterline valves, lift stations, manholes or catch basins unless approved by the City Engineer. (17) The city may impose reasonable conditions upon the issuance of the permit and the performance of the applicant thereunder to protect the health, safety and welfare or when necessary to protect the right-of-way and its current use. (18) A permittee shall comply with all requirements of local, state and federal laws, including but not limited to Minnesota Statutes §§ 216D.01-.09 (Gopher One Call Excavation Notice System) and Minnesota Rules Chapter 7560. (c) Trenchless Excavation. As a condition of all applicable permits, permittees employing trenchless excavation methods, including but not limited to Horizontal Directional Drilling, shall follow all requirements set forth in Minnesota Statutes, Chapter 216D and Minnesota Rules Chapter 7560, and shall require potholing or open cutting over existing underground utilities before excavating as determined by the city. (d) Small wireless facility conditions. In addition to subdivisions (b) and (c), the erection or installation of a wireless support structure, the collocation of a small wireless facility, or other installation of a small wireless facility in the right of way, shall be subject to the following conditions: (1) A small wireless facility shall only be collocated on the particular wireless support structure, under those attachment specifications, and at the height indicated in the applicable permit application. (2) No new wireless support structure installed within the right of way shall exceed fifty (50) feet above ground level in height without the city's written authorization, provided that a wireless support structure that replaces an existing wireless support structure in the public right of way that is greater than fifty (50) feet above ground level in height may be placed at the height of the existing wireless support structure, subject to such conditions or requirements as may be imposed in the applicable permit. (3) No wireless facility may extend more than ten (10) feet above its wireless support structure. (4) Where an applicant proposes to install a new wireless support structure in the right of way, the city may impose separation requirements between such structure and any existing wireless support structure. 196937v1 (5) Where an applicant proposes collocation on a decorative wireless support structure, sign, or other structure not intended to support small wireless facilities, the city may impose reasonable requirements to accommodate the particular design, appearance, or intended purpose of such structure. (6) Where an applicant proposes to replace a wireless support structure, the city may impose reasonable restocking, replacement, or relocation requirements on the replacement of such structure. (e) Small wireless facility agreement. A small wireless facility shall only be collocated on a wireless support structure owned or controlled by the city, or any other city asset in the right of way, after applicant has executed a standard small wireless facility collocation agreement with the city. The standard collocation agreement may require payment of the following: (1) Management costs; (2) Rent on the city structure as provided in Minnesota Statutes § 237.163 subd. 6(g); (3) Maintenance associated with the collocation as provided in Minnesota Statutes § 237.163 subd. 6(g); (4) A monthly fee for electrical service as provided in Minnesota Statutes § 237.163 subd. 6(g). The standard collocation agreement shall be in addition to, and not in lieu of, the required small wireless facility permit provided, however, that the applicant shall not be additionally required to obtain a license or franchise in order to collocate. Issuance of a small wireless facility permit does not supersede, alter or affect any then -existing agreement between the city and applicant. (f) Deadline for action. The city shall approve or deny a small wireless facility permit application within ninety (90) days after receiving a complete application. The small wireless facility permit, and any associated encroachment or building permit shall be deemed approved if the city fails to approve or deny the application within the review periods established in this section. (g) Consolidated applications. An applicant may file a consolidated small wireless facility permit application addressing the proposed collocation of up to fifteen (15) small wireless facilities, or a greater number if agreed by the city, provided that all small wireless facilities in an application: (1) are located within a two-mile radius; (2) consist of substantially similar equipment; and 196937v1 (3) are to be placed on similar types of wireless support structures. In rendering a decision on a consolidated permit application, the city may approve some small wireless facilities and deny others, but may not use denial of one or more permits as a basis to deny all small wireless facilities in the application. (h) Tolling of deadline for action. The ninety (90) day deadline for action may be tolled if: (1) The city receives applications within a single seven-day period from one or more applicants seeking approval of permits for more than thirty (30) small wireless facilities. In such case, the city may extend the ninety (90) day deadline for all such applications by an additional thirty (30) days by informing the affected applicants in writing of such extension. (2) The applicant fails to submit all required documents or information and the city provides written notice of incompleteness to the applicant within thirty (30) business days of receipt of the application, clearly and specifically delineating all missing documents or information. Information delineated in the notice is limited to documents or information publicly required as of the date of application and reasonably related to the city's determination whether the proposed equipment falls within the definition of a small wireless facility and whether the proposed deployment satisfies all health, safety, and welfare regulations applicable to the small wireless facility permit request. Upon applicant's submittal of additional information in response to a notice of incompleteness, the city has ten (10) days to notify the applicant in writing of any information requested in the initial notice of incompleteness that is still missing. Second or subsequent notices of incompleteness may not specify documents or information that were delineated in the original notice of incompleteness. Requests for information not requested in the initial notice of incompleteness do not toll the ninety (90) day deadline for action. (3) The city and applicant may agree in writing to toll the review period. See. 18-176. - Permit Fees. (a) Excavation Permit Fee. The city shall establish an excavation permit fee in an amount sufficient to recover the following costs: (1) City management costs; (2) Degradation costs, if applicable. (b) Obstruction Permit Fee. The city shall establish the obstruction permit fee and shall be in an amount sufficient to recover city management costs. 196937v1 (c) Small Wireless Facility Permit Fee. The city shall impose a small wireless facility permit fee for the placement of small wireless facilities and wireless support structures in the public right-of-way in an amount sufficient to recover: (1) management costs; and (2) city engineering, make-ready, and construction costs associated with collocation of small wireless facilities. (d) Cost of initial work associated with collocation. Any initial engineering survey and preparatory construction work associated with collocation must be paid by the cost causer in the form of a onetime, nonrecurring, commercially reasonable, nondiscriminatory, and competitively neutral charge to recover costs associated with a proposed attachment. (e) Payment of Permit Fees. No excavation permit, obstruction permit or small wireless facility permit shall be issued without payment of excavation, obstruction, or small wireless facility permit fees. The city may allow applicant to pay such fees within thirty (30) days of billing. (f) Nonrefundable. Permit fees that were paid for a permit that the city has revoked for a breach as stated in Section 18.184 are not refundable. (g) Application to Franchises. Unless otherwise agreed to in a franchise, management costs may be charged separately from and in addition to the franchise fees imposed on a right-of-way user in the franchise. 196937v1 Sec. 18-177. - Right -of -Way Patching and Restoration. (a) Timing. The work to be done under the excavation permit, and the patching and restoration of the right-of-way as required herein, must be completed within the dates specified in the permit, increased by as many days as work could not be done because of circumstances beyond the control of the permittee or when work is prohibited as unseasonal or unreasonable. (b) Patch and Restoration. Permittee shall patch its own work. The city may choose either to have the permittee restore the right-of-way or to restore the right-of-way itself. (1) City Restoration. If the city restores the right-of-way, permittee shall pay the costs thereof within thirty (30) days of billing. If, following such restoration, the pavement settles due to permittee's improper backfilling, the permittee shall pay to the city within thirty (30) days of billing, all costs associated with correcting the defective work. (2) Permittee Restoration. If the permittee restores the right-of-way itself, it shall at the time of application for an excavation permit, post a construction performance bond in accordance with the provisions of Minnesota Rule 7819.3000. (3) Degradation Fee in Lieu of Restoration. In lieu of right-of-way restoration, a right-of-way user may elect to pay a degradation fee. However, the right-of-way user shall remain responsible for patching and the degradation fee shall not include the cost to accomplish these responsibilities. (c) Standards. The permittee shall perform excavation, backfilling, patching and restoration according to the standards and with the materials specified by the city and shall comply with Minnesota Rule 7819.1100. (d) Duty to Correct Defects. The permittee shall correct defects in patching or restoration performed by permittee or its agents. The permittee upon notification from the city shall correct all restoration work to the extent necessary, using the method required by the city. Said work shall be completed within five (5) calendar days of receipt of the notice from the city, not including days during which work cannot be done because of circumstances constituting force majeure or days when work is prohibited as unseasonable or unreasonable. (e) Failure to Restore. If the permittee fails to restore the right-of-way in the manner and to the condition required by the city, or fails to satisfactorily and timely complete all restoration required by the city, the city at its option may do such work. In that event, the permittee shall pay to the city, within thirty (30) days of 196937v1 billing, the cost of restoring the right-of-way. If permittee fails to pay as required, the city may exercise its rights under the construction performance bond. Sec. 18-178. - Supplementary Applications. (a) Limitations on Area. A right-of-way permit is valid only for the area of the right- of-way specified in the permit. No permittee may do work outside the area specified in the permit, except as provided herein. Any permittee which determines that an area greater than that specified in the permit must be obstructed or excavated must, before working in that greater area, make application for a permit extension and pay any additional fees required thereby, and be granted a new permit or permit extension. (b) Limitation on Dates. A right-of-way permit is valid only for the dates specified in the permit. No permittee may begin its work before the permit start date or, except as provided herein, continue working after the end date. If a permittee does not finish the work by the permit end date, it must apply for a new permit for the additional time it needs, and receive the new permit or an extension of the old permit before working after the end date of the previous permit. This supplementary application must be submitted before the permit end date. Sec. 18-179. - Denial of Permit. The city may deny a permit for failure to meet the requirements and conditions of this chapter or if the city determines that the denial is necessary to protect the health, safety, and welfare or when necessary to protect the right-of-way and its current use. Any denial of a right-of-way or small wireless facility permit shall be in writing and must document the basis for the denial. The city must notify the telecommunications right-of-way user within three (3) business days of the decision to deny the permit. If the permit application is denied, the telecommunications right-of- way user may cure the deficiencies identified by the city and resubmit its application. If the telecommunications right-of-way user resubmits the application within thirty (30) days of receiving written notice of the denial, it may not be charged an additional filing or processing fee. The city must approve or deny the revised application within thirty (30) days after the revised application is submitted. Sec. 18-180. - Installation Requirements. The excavation, backfilling, patching and restoration, and all other work performed in the right- of-way shall be done in conformance with Minnesota Rules 7819.1100 and 7819.5000 and other applicable local requirements, in so far as they are not inconsistent with the Minnesota Statutes, Sections 237.162 and 237.163. Installation of service laterals shall be performed in accordance with Minnesota Rules Chapter 7560 and these ordinances. Service lateral installation is further 196937v1 subject to those requirements and conditions set forth by the city in applicable permits and/or agreements referenced in Section 18.185 (b) of this ordinance. Sec. 18-181. - Inspection. (a) Notice of Completion. When the work under any permit hereunder is completed, the permittee shall furnish a completion certificate in accordance with Minnesota Rule 7819.1300. (b) Site Inspection. Permittee shall make the work -site available to the city and to all others authorized by law for inspection at all reasonable times during the execution of and upon completion of the work. (c) Authority of City. (1) At the time of inspection, the city may order the immediate cessation of any work which poses a serious threat to the life, health, safety or well- being of the public. (2) The city may issue an order to the permittee for any work that does not conform to the terms of the permit or other applicable standards, conditions, or codes. The order shall state that failure to correct the violation will be cause for revocation of the permit. Within ten (10) days after issuance of the order, the permittee shall present proof to the city that the violation has been corrected. If such proof has not been presented within the required time, the city may revoke the permit pursuant to Sec. 18.184. Sec. 18-182. - Work Done Without a Permit. (a) Emergency Situations. Each permittee shall immediately notify the city of any event regarding its facilities that it considers to be an emergency. The owner of the facilities may proceed to take whatever actions are necessary to respond to the emergency. Excavators' notification to Gopher State One Call regarding an emergency situation does not fulfill this requirement. Within two (2) business days after the occurrence of the emergency, the owner shall apply for the necessary permits, pay the fees associated therewith, and fulfill the rest of the requirements necessary to bring itself into compliance with this chapter for the actions it took in response to the emergency. If the city becomes aware of an emergency regarding facilities, the city will attempt to contact the local representative of each facility owner affected, or potentially affected, by the emergency. In any event, the city may take whatever 196937v1 action it deems necessary to respond to the emergency, the cost of which shall be borne by the person whose facilities occasioned the emergency. (b) Non -Emergency Situations. Except in an emergency, any person who, without first having obtained the necessary permit, obstructs or excavates a right-of-way must subsequently obtain a permit and, as a penalty, pay double the normal fee for said permit, pay double all other fees required by the city ordinance, deposit with the city the fees necessary to correct any damage to the right-of-way, and comply with all of the requirements of this chapter. Sec. 18-183. - Supplementary Notification. If the obstruction or excavation of the right of way begins later or ends sooner than the date given on the permit, permittee shall notify the city of the accurate information as soon as this information is known. Sec. 18-184. - Revocation of Permits. (a) Substantial Breach. The city reserves its right, as provided herein, to revoke any right-of-way permit without a fee refund, if there is a substantial breach of the terms and conditions of any statute, ordinance, rule or regulation, or any material condition of the permit. A substantial breach by permittee shall include, but shall not be limited to, the following: (1) The violation of any material provision of the right-of-way permit; (2) An evasion or attempt to evade any material provision of the right-of-way permit, or the perpetration or attempt to perpetrate any fraud or deceit upon the city or its citizens. (3) Any material misrepresentation of fact in the application for a right-of- way permit; (4) The failure to complete the work in a timely manner, unless a permit extension is obtained or unless the failure to complete work is due to reasons beyond the permittee's control; or (5) The failure to correct, in a timely manner, work that does not conform to a condition indicated on an order issued pursuant to Sec. 18-181. (b) Written Notice of Breach. If the city determines that the permittee has committed a substantial breach of a term or condition of any statute, ordinance, rule, regulation or any condition of the permit, the city shall make a written demand upon the permittee to remedy such violation. The demand shall state that continued violations may be cause for revocation of the permit. A substantial 196937v1 breach, as stated above, will allow the city, at its discretion, to place additional or revised conditions on the permit to mitigate and remedy the breach. (c) Response to notice of breach. Within 24 hours of receiving notification of the breach, the permittee shall provide the city with a plan acceptable to the city that will cure the breach. The permittee's failure to so contact the city, or the permittee's failure to submit an acceptable plan, or the permittee's failure to reasonably implement the approved plan, shall be cause for immediate revocation of the permit. (d) Revocation. Revocation of a right of way permit or small wireless facility permit shall be made in writing within three (3) business days of the decision to revoke the permit and shall document the basis for the revocation. (e) Reimbursement of City Costs. If a permit is revoked, the permittee shall also reimburse the city for the city's reasonable costs, including restoration costs and the costs of collection and reasonable attorneys' fees incurred in connection with such revocation. See. 18-185. - Mapping Data. (a) Information Required. Each permittee shall provide mapping information required by the city in accordance with Minnesota Rules 7819.4000 and 7819.4100. Within ninety (90) days following completion of any work pursuant to a permit, the permittee shall provide the city accurate maps and drawings certifying the "as - built" location of all equipment installed, owned and maintained by the permittee. Such maps and drawings shall be provided consistent with the city's electronic mapping system. Failure to provide maps and drawings pursuant to this subsection shall be grounds for revoking the permit. (b) Service Laterals. All permits issued for the installation or repair of service laterals, other than minor repairs as defined in Minnesota Rules 7560.0150 subpart 2, shall require the permittee's use of appropriate means of establishing the horizontal locations of installed service laterals and the service lateral vertical locations in those cases where the city reasonably requires it. Permittees or their subcontractors shall submit to the city evidence satisfactory to the city of the installed service lateral locations. Compliance with this subdivision (b) and with applicable Gopher State One Call law and Minnesota Rules governing service laterals installed after December 31, 2005 shall be a condition of any city approval necessary for (1) Payments to contractors working on a public improvement project including those under Minnesota Statutes Chapter 429; and 196937v1 (2) City approval under development agreements or other subdivision or site plan approval under Minnesota Statutes Chapter 462. The city shall reasonably determine the appropriate method of providing such information. Failure to provide prompt and accurate information on the service laterals installed may result in the revocation of the permit issued for the work or future permits to the offending permittee or its subcontractors. Sec. 18-186. - Location Facilities. (a) Placement, Location, Relocation. Placement, location, and relocation of facilities must comply with the Act, with other applicable law, and with Minnesota Rules 7819.3100, 7819.5000 and 7819.5 100, to the extent the rules do not limit authority otherwise available to cities. (b) Corridors. The city may assign a specific area within the right-of-way, or any particular segment thereof as may be necessary, for each type of facilities that is or, pursuant to current technology, the city expects will someday be located within the right-of-way. All excavation, obstruction, or other permits issued by the city involving the installation or replacement of facilities shall designate the proper corridor for the facilities at issue. Any permittee who has facilities in the right-of-way in a position at variance with the corridors established by the city shall, no later than at the time of the next reconstruction or excavation of the area where the facilities are located, move the facilities to the assigned position within the right-of-way, unless this requirement is waived by the city for good cause shown, upon consideration of such factors as the remaining economic life of the facilities, public safety, customer service needs and hardship to the registrant. (c) Nuisance. One year after the passage of this chapter, any facilities found in the right-of-way that have not been registered shall be deemed a nuisance. The city may exercise any remedies or rights it has at law or in equity, including, but not limited to, abating the nuisance or taking possession of the facilities and restoring the right-of-way to a useable condition. (d) Limitation of Space. To protect health, safety, and welfare, or when necessary to protect the right-of-way and its current use, the city shall have the power or prohibit or limit the placement of new or additional facilities within the right-of- way. In making such decisions, the city shall strive to the extent possible to accommodate all existing and potential users of the right-of-way, but shall be guided primarily by considerations of the public interest, the public's needs for 196937v1 the particular utility service, the condition of the right-of-way, the time of year with respect to essential utilities, the protection of existing facilities in the right- of-way, and future city plans for public improvements and development projects which have been determined to be in the public interest. Sec. 18-187. - Pre -excavation Facilities Location. In addition to complying with the requirements of Minnesota Statutes Sections 216D.01-.09 ("One Call Excavation Notice System") before the start date of any right-of-way excavation, each permittee who has facilities or equipment in the area to be excavated shall mark the horizontal and vertical placement of said facilities. Any permittee whose facilities are less than twenty (20) inches below a concrete or asphalt surface shall notify and work closely with the excavation contractor to establish the exact location of its facilities and the best procedure for excavation. Sec. 18-188. - Damage to Other Facilities. When the city does work in the right-of-way and finds it necessary to maintain, support, or move a permittee's facilities to protect it, the city shall notify the local representative as early as is reasonably possible. The costs associated therewith will be billed to the facility owner and must be paid within thirty (30) days from the date of billing. Each facility owner shall be responsible for the cost of repairing any facilities in the right-of-way which it or its facilities damage. Each facility owner shall be responsible for the cost of repairing any damage to the facilities of another permittee caused during the city's response to an emergency occasioned by the permittee's facilities. Sec. 18-189. - Right -of -Way Vacation. If the city vacates a right-of-way that contains facilities, the facility owner's rights in the vacated right-of-way are governed by Minnesota Rules 7819.3200. Sec. 18-190. - Indemnification and Liability. By applying for and accepting a permit under this ordinance, a permittee agrees to defend and indemnify the city in accordance with the provisions of Minnesota Rule 7819.1250. Sec. 18-191. - Abandoned and Unusable Facilities. a. Discontinued Operations. A permittee who has determined to discontinue all or a portion of its operations in the city must provide information satisfactory to the city that the permittee's obligations for its facilities in the right-of-way under this ordinance have been lawfully assumed by another permittee. b. Removal. Any person who has abandoned facilities in any right-of-way shall remove them from the right-of-way if required in conjunction with other right -of - 196937v1 way repair, excavation, or construction, unless this requirement is waived by the city. Sec. 18-192. - Appeal. A right-of-way user that has been denied a permit; has had a permit revoked; believes that the fees imposed are invalid; or disputes any determination of the city under this ordinance may have the denial, revocation, fee imposition, or decision reviewed, upon written request, by the city council. The city council shall act on a timely request at its next regularly scheduled meeting. A decision by the city council affirming the denial, revocation, or fee imposition will be in writing and supported by written findings establishing the reasonableness of the decision. Sec. 18-193. - Reservation of Regulatory and Police Powers. A permittee's rights are subject to the regulatory and police powers of the city to adopt and enforce general ordinances as necessary to protect the health, safety and welfare of the public. Sec. 18-194. - Severability. If any portion of this ordinance is for any reason held invalid by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portions thereof. Nothing in this ordinance precludes the city from requiring a franchise agreement with the applicant, as allowed by law, in addition to requirements set forth herein. SECTION 2. SECTION 3. The ordinance shall be effective immediately upon its passage and publication. ADOPTED this 29th day of May, 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. 196937v1 �0 LEAGUE OF CONNECTING & INNOVATING MINNESOTA SINCE 1913 CITIES 2017 Telecommunications Right -of -Way User Amendments Permitting Process for Small Wireless Facilities Publication Date: August 1, 2017 (For information on related federal laws see LMC Information Memo "Cell Towers, Small Cell Technologies, and Distributed Antenna Systems") Introduction: On May 30, 2017, Gov. Dayton signed into law a bill' amending Minnesota's Telecommunications Right - of -Way User Law2. The amendments cleared up any confusion about whether wireless providers are treated the same as other telecommunications right-of-way users under state law, but created a separate, streamlined permitting system for placement of small wireless facilities on city -owned structures in rights of way. Most of the bill provisions became effective on May 31, 2017, with the exception that the prohibition on moratoria does not take effect until January 1, 2018 for those cities that did not have a right- of-way ordinance in place on or before May 18, 2017, to give those cities an opportunity to enact an ordinance regulating their public rights-of-way. Also, the amendments allow cities to enter collocation agreements with telecommunications right-of-way users, if they choose, as long as the collocation agreement for small wireless facilities is made available in a substantially complete form no later than six months after the effective date of this act or three months after receiving a small wireless facility permit application from a wireless service provider. Where can I read the new law? Until revisions of the state statute occur to include bills passed this session, cities can find the amendments at 2017 Laws, Chapter 94. Does the law require cities to do anything differently when regulating wireless providers attaching their equipment to city structures in the rights of way? Yes, the amendments create a separate permit process for small wireless facilities. The below checklist was prepared to serve as a guide for cities to use when amending existing telecommunications ordinances, but does necessarily cover all nuances of the new law and should not replace working with city attorneys to draft or amend existing ordinances. What is the purpose of Minnesota's Telecommunication Right -of -Way User Law? 1 Chapter 94, Article 9 of the 2017 Regular Session, effective May 31, 2017. Z Minn. Stat. §§ 237.162, 237.163. LEAGUE OF MINNESOTA CITIES 145 UNIVERSITYAVE. WEST PHONE: (651) 281-1200 FAx: (651) 281-1298 INSURANCE TRUST ST. PAUL, MN SS103-2044 TOLL FREE: (800) 925-1122 WEB:WWW.LMC.ORG In 1997, the Minnesota Legislature recognized the need for a state law providing local government units with the authority to regulate the use of public rights of way by telecommunications right-of-way users. The resulting Minnesota Telecommunications Right -of -Way User Law allows telecommunications right-of-way users to construct, maintain, and operate conduit, cable, switches (and now small wireless facilities), and related appurtenances and facilities along, across, upon, above, and under any public right of way, but subjects those users to local regulations by cities to manage their rights of way and to recover management costs. Can a city manage its right of way without doing anything? No, the city must adopt an enabling ordinance. A local government unit is not required to manage its rights of way, but most want to do so. As such, the local government authority must pass an ordinance exercising this authority. Many cities find that having a separate telecommunications right-of-way user ordinance (in addition to a general right-of-way ordinance) allows for better regulation of cell towers, small cell and other telecommunications equipment. Did the amendments in the 2017 laws impact all telecommunications right-of-way users? Some of the amendments impacted cities' regulations on all telecommunications right-of-way users, but the amendments also created a distinct set of regulations specifically for placement of small wireless facilities. With respect to the regulations that apply to all telecommunications right-of-way users, the law: ✓ Requires all telecommunications right-of-way users seeking to excavate or obstruct a public right of way to obtain a right-of-way permit to do so. ✓ Requires a telecommunications right-of-way user using, occupying, or seeking to use or occupy a public right of way for providing telecommunications services to register with the local government unit by providing the local government unit with specific information (set forth in the statute), and including authorization for periodic updates. ✓ Requires telecommunications right-of-way users to submit plans for construction and major maintenance, to provide reasonable notice of projects that may require excavation and obstruction of public rights of way. ✓ Provides for restoration by the telecommunication right-of-way user after excavation occurs, either in the form of doing the restoration work or reimbursing the local governmental unit for the cost of the restoration work. ✓ Allows recovery of right-of-way management costs through a fee for registration, a fee for each right- of-way permit or, when appropriate, a fee applicable to a telecommunications right-of-way user when that user causes the local government unit to incur costs because of actions or inactions of that user. Can a city charge a fee for using the right of way? Yes, because when cities manage rights of way, they incur costs. However, when cities charge right-of-way users, the fees must be calculated on a competitively neutral basis, and based on the actual costs incurred by the city in managing the public right of way. A fee for the cost of managing the right-of-way should reflect an allocation among all users of the public right-of-way, including the city itself. Can a city charge rent if a right-of-way user places equipment in the right of way? Yes. Nothing in the law prohibits a city from charging rent for the placement of technology or equipment by a telecommunications right-of-way user on a city owned structure. However, cities are limited in the amount 2 of rent they can charge for collocation of small wireless facilities on city -owned structures. Fee limitations are described in the statute. If a city does not have an ordinance, can it pass a moratorium on processing any applications it receives until it can pass an ordinance? Probably not. The law prohibits cities from establishing a moratorium with respect to filing, receiving, or processing applications for right-of-way or small wireless facility permits, or for issuing or approving right- of-way or small wireless facility permits. However, for cities that did not have an ordinance enabling it to manage its right-of-way before or on May 18, 2017, the prohibition on moratoria does not take effect until January 1, 2018, giving those cities an opportunity to enact an ordinance regulating its public rights-of-way. Can a city still deny applications for siting of telecommunications equipment in its right of way? Generally, yes, however, any denial or revocation of either a right-of-way permit or a small wireless facility permit must be done in writing and must document the basis for the denial, including the health, safety and welfare reasons for the denial. The local government unit must notify the telecommunications right-of-way user, in writing, within three business days of the decision to deny or revoke a permit. If the city denies a permit application, the telecommunications right-of-way user may cure the deficiencies identified by the local government unit and resubmit its application. If the telecommunications right-of-way user resubmits the application within 30 days of receiving written notice of the denial, the city may not charge an additional filing or processing fee. The local government unit must approve or deny the revised application within 30 days after the submission of the revised application, or it is deemed granted. Can cities treat the siting of all cell equipment the same? It depends. If the city plans to regulate cell sitings and require telecommunications right-of-way users to get permits, then the 2017 amendments to the law create a separate permit system for small wireless facility technology that places additional limitations on a city's ability to regulate those specific types of technology. Does the new law mean our city cannot enter into a separate agreement with telecommunications right- of-way users who want to place equipment on city owned structures? The amendments do not require cities to have separate agreements, and some cities may choose to put these provisions in their ordinance or permit instead. For cities that want a separate `collocation agreement' in place, they must develop and make that collocation agreement available no later than six months after May 31, 2017 (the effective date of the act) or three months after receiving a small wireless facility permit application from a wireless service provider. "Collocate" or "collocation" means to install, mount, maintain, modify, operate, or replace a small wireless facility on, under, within, or adjacent to an existing wireless support structure that is owned privately or by a local government unit. The template of the agreement must be made available in a substantially complete form. The parties to the separate small wireless facility collocation agreement always may incorporate additional mutually agreed upon terms and conditions. Also, the law now clearly classifies any small wireless facility collocation agreement between a local government unit and a wireless service provider as public data accessible to the public under Minnesota's Data Practices Law. 3 What type of equipment is subject to the special requirements on small cell technology? The statute defines type of equipment, which include: "Small wireless facility": (1) A wireless facility that meets both following qualifications: (i) Each antenna is located inside an enclosure of no more than six cubic feet in volume or, in the case of an antenna that has exposed elements, the antenna and all its exposed elements could fit within an enclosure of no more than six cubic feet. (ii) All other wireless equipment associated with the small wireless facility, excluding electric meters, concealment elements, telecommunications demarcation boxes, battery backup power systems, grounding equipment, power transfer switches, cutoff switches, cable, conduit, vertical cable runs for the connection of power and other services, and any equipment concealed from public view within or behind an existing structure or concealment, is in aggregate no more than 28 cubic feet in volume. (2) A micro wireless facility. "Wireless support structure" means a new or existing structure in a public right of way designed to support or capable of supporting small wireless facilities, as reasonably determined by a local government unit. "Collocate" or "collocation" means to install, mount, maintain, modify, operate, or replace a small wireless facility on, under, within, or adjacent to an existing wireless support structure that is owned privately or by a local government unit. What additional requirements must cities consider to comply with Minnesota's Telecommunications Right -of -Way User Law, as amended? The law sets forth specific requirements related to placement of small wireless facilities or installation of new wireless support structures. The below information highlights items cities will want to consider when drafting an ordinance or amending an existing ordinance. Again, cities should work with their city attorneys to ensure full compliance with the law. NEW STATE LAW REQUIREMENTS GOVERNING PLACEMENT OF SMALL WIRELESS FACILITIES IN RIGHTS OF WAY If a city decides to regulate or require permits for placement of a new wireless support structure or collocation of a small wireless facility, then the city should be aware that: ❑ Small wireless facilities and wireless support structures are a permitted use, except that in districts zoned as single-family residential use or district identified as historic (either by federal law or ordinance), a local government unit can require a conditional use permit. 4 ❑ Cities must not require an applicant for a small wireless facility permit to provide any information that the applicant previously had provided to the city in a different application for a small wireless permit (which the applicant must identify by specific reference number). ❑ Cities must not require an application to provide information that is not reasonably necessary to review a permit application for compliance with generally applicable and reasonable health, safety, and welfare regulations, or to demonstrate compliance with applicable Federal Communications Commission regulations governing radio frequency exposure, or other information required by this section. ❑ Permits for small cell facility collocation or placement of a new wireless support structure must specify that the term of a small wireless facility permit equals the length of time that small wireless facility is in use, unless the permit is revoked under this section. ❑ The total application fee for a small wireless facility permit must comply with the statutory requirement regarding costs related to the permit. ❑ The city must allow applicants for small wireless facility permits to file a consolidated permit application to collocate up to 15 small wireless facilities (or a greater number if agreed to by a local government unit), provided that all the small wireless facilities in the application are located within a two-mile radius, consist of substantially similar equipment, and are to be placed on similar types of wireless support structures. ❑ The city has 90 days after the date a small wireless facility permit application is filed to issue or deny the permit, or the permit is automatically issued. ❑ To toll the 90-day clock, the city must provide a written notice of incompleteness to the applicant within 30 days of receipt of the application, identifying all missing documents or information, and providing the applicant with a time to cure that complies with the statute'. ❑ If the city receives applications within a single seven-day period from one or more applicants seeking approval of permits for more than 30 small wireless facilities, the city may extend the 90-day deadline by an additional 30 days. If a city elects to invoke this extension, it must inform in writing any applicant to whom the extension will be applied. ❑ A city cannot require placement of small wireless facilities on any specific wireless support structure other than the one proposed in the permit application. ❑ A city must not limit the placement of small wireless facilities, either by minimum separation distances between small wireless facilities or maximum height limitations, except that each wireless support structure installed in the right of way after the effective date of this act shall not exceed 50 feet above ground level (unless the local government unit agrees to a greater height). 'Minn. Stat. §237.163, Subd. 3c(b). 5 ❑ A city can set forth in its ordinance separation requirements for placement of wireless support structures in relation to other wireless support structures. ❑ A city still may deny permit for health, safety, and welfare reasons or for noncompliance with decorative wireless support structures or signs. ❑ A city cannot require a person to pay a small wireless facility permit fee, obtain a small wireless facility permit, or enter into a small wireless facility collocation agreement solely in order to conduct routine maintenance of a small wireless facility; replace a small wireless facility with a new facility that is substantially similar or smaller in size, weight, height, and wind or structural loading; or install, place, maintain, operate, or replace micro wireless facilities suspended on cables strung between existing utility poles in compliance with national safety codes. ❑ A city cannot require an applicant to apply for or enter any individual license, franchise, or other agreement with the local government unit or any other entity, other than the optional standard small wireless facility collocation agreement. ❑ A city may require notice of any work that will obstruct a public right of way. OPTIONAL PROVISIONS FOR SMALL WIRELESS FACILITIES ❑ A city is not required to have a separate agreement, but can choose to enter collocation agreements with applicants locating small wireless facilities onto city owned structures to address terms and conditions of the use of the structures. If a city chooses to do so, then it must make the agreement available to the public in a substantially complete format no later than six months after the effective date or three months after receiving a small wireless facility permit application from a wireless service provider. ❑ A city may elect to charge each small wireless facility attached to a wireless support structure owned by the local government unit a fee (rental fee), in addition to other fees or charges allowed under the law, consisting of. (1) up to $150 per year for rent to occupy space on a wireless support structure; (2) up to $25 per year for maintenance associated with the space occupied on a wireless support structure; and (3) an additional monthly fee for electricity used to operate a small wireless facility, if not purchased directly from a utility, at the rate set forth in the statute.' ' Minn. Stat. 237.163, Subd. 6 (d). 2 rote LEAGUE of MINNESOTA CITIES INFORMATION MEMO Cell Towers, Small Cell Technologies & Distributed Antenna Systems Learn about large and small cell tower deployment and siting requests for small cell, small wireless and distributed antenna systems (DAS) technology. Better understand the trend of the addition of DAS, small wireless or small cell equipment on existing utility equipment. Be aware of common gaps in city zoning, impact of federal and state law, reasons for collocation agreements and some best practices for dealing with large and small cell towers, small wireless facilities and DAS. RELEVANT LINKS 47 U.S.C. § 253 (commonly known as Section 253 of Telecommunications Act). 47 U.S.C. §332 (commonly known as Section 332 of Telecommunications Act). FCC Website. 47 U.S.C. § 253 (commonly known as Section 253 of Telecommunications Act). 47 U.S.C. § 332 (commonly known as Section 332 of Telecommunications Act). Deployment of large cell towers or antennas A cell site or cell tower creates a "cell" in a cellular network and typically supports antennas plus other equipment, such as one or more sets of transceivers, digital signal processors, control electronics, GPS equipment, primary and backup electrical power and sheltering. Only a finite number of calls or data can go through these facilities at once and the working range of the cell site varies based on any number of factors, including height of the antenna. The Federal Communications Commission (FCC) has stated that cellular or personal communications services (PCS) towers typically range anywhere from 50 to 200 feet high. The emergence of personal communications services, the increased number of cell providers, and the growing demand for better coverage have spurred requests for new cell towers, small cell equipment, and distributed antenna systems (DAS) nationwide. Thus, some cellular carriers, telecommunications wholesalers or tower companies, have attempted to quickly deploy telecommunications systems or personal wireless service facilities, and, in doing so, often claim federal law requires cities to allow construction or placement of towers, equipment, or antennas in rights of way. Such claims generally have no basis. Although not completely unfettered, cities can feel assured that, in general, federal law preserves local zoning and land use authority. A. The Telecommunications Act and the FCC The Telecommunications Act of 1996 (TCA) represented America's first successful attempt to reform regulations on telecommunications in more than 60 years, and was the first piece of legislation to address internet access. Congress enacted the TCA to promote competition and higher quality in American telecommunications services and to encourage rapid deployment of new telecommunications technologies. This material is provided as general information and is not a substitute for legal advice. Consult your attorney for advice concerning specific situations. 145 University Ave. West www.lmc.org 8/1/2017 Saint Paul, MN 55103-2044 (651) 281-1200 or (800) 925-1122 © 2017 All Rights Reserved RELEVANT LINKS: FCC Website interpreting The FCC is the federal agency charged with creating rules and policies under Telecommunications Act of 1996. the TCA and other telecommunications laws. The FCC also manages and licenses commercial users (like cell providers and tower companies), as well as non-commercial users (like local governments). As a result, both the TCA and FCC rulings impact interactions between the cell industry and local government. The significant changes in the wireless industry and its related shared wireless infrastructures, along with consumer demand for fast and reliable service on mobile devices, have fueled a frenzy of requests for large and small cell/DAS site development and/or deployment. As a part of this, cities find themselves facing cell industry arguments that federal law requires cities to approve tower siting requests. Companies making these claims most often cite Section 253 or Section 332 47 U.S.C. § 253 (Section 253 of Telecommunication Act). of the TCA as support. Section 253 states "no state or local statute or regulation may prohibit or have the effect of prohibiting the ability of any 47 U.S.C. § 332(c)(7). entity to provide any interstate or intrastate telecommunications service." FCC 09-99, Declaratory Section 332 has a similar provision ensuring the entry of commercial mobile Ruling (Nov. 18, 2009). services into desired geographic markets to establish personal wireless service facilities. 47 U.S.C. § 253(c)(e) These provisions should not, however, be read out of context. When (Section 253 of Telecommunications Act). reviewing the relevant sections in their entirety, it becomes clear that federal law does not pre-empt local municipal regulations and land use controls. 47 U.S.C. § 332(c)(7). Specifically, the law states "[n]othing in this section affects the authority of a state or local government to manage the public rights of way or to require FCC 09-99, Declaratory Ruling (Nov. 18, 2009). fair and reasonable compensation from telecommunications providers, on a competitively neutral and nondiscriminatory basis, for use of public rights of way ..." and that "nothing in this chapter shall limit or affect the authority of ... local government ... over decisions regarding the placement, construction, and modification of personal wireless service facilities". Sprint Spectrum v. Mills, Courts consistently have agreed that local governments retain their 283 F.3d 404 (2nd Cir. 2002). regulatory authority and, when faced with making decisions on placement of towers, antenna or new telecommunication service equipment on city USCOC of Greater Missouri v. Vill. Of Marlborough, 618 facilities, they generally have the same rights that private individuals have to F.Supp.2d 1055 (E.D. Mo. deny or permit placement of a cellular tower on their property. This means 2009). cities can regulate and permit placement of towers and other personal FCC 09-99, Declaratory wireless service facilities, including, in most situations (though some state Ruling (Nov. 18, 2009). law restrictions exist regarding regulations of small wireless support structures), controlling height, exterior materials, accessory buildings, and even location. Cities should be careful to make sure that local regulations don't have the effect of completely banning all cell towers or personal wireless service facilities. Such regulation could run afoul of federal law (not to mention state law as well). League of Minnesota Cities Information Memo: 8/1/2017 Cell Towers, Small Cell Technologies & Distributed Antenna Systems Page 2 RELEVANT LINKS: Some cellular companies try to gain unfettered access to city right of way by Vertical Broadcasting v. claiming they are utilities. The basis for such a claim usually follows one of Town of Southampton, 84 F. two themes—either that, as a utility, federal law entitles them to entry; or, in Supp.2d 379 (E.D.N.Y. 2000). the alternative, under the city's ordinances, they get the same treatment as other utilities. Courts have rejected the first argument of entitlement, citing to the specific directive that local municipalities retain traditional zoning discretion. B. State law In the alternative, the argument that a city's local ordinances include towers Paging v. Ba. of Zoning Appealsfor Montgomery as a utility has, on occasion and in different states, carried more weight with Cry., 957 F.supp. 805 (w.D. a court. To counter such arguments, cities may consider specifically Va. 1997). excluding towers, antenna, small cell, and DAS equipment from their ordinance's definition of utilities. The Minnesota Department of Commerce, in a letter to a wireless infrastructure provider, cautioned one infrastructure company that its certificate of authority to provide a local niche service did not authorize it to claim an exemption from local zoning. The Minnesota Department of Commerce additionally requested that the offending company cease from making those assertions. In Minnesota, to clear up confusion about whether wireless providers Letter from Minnesota Department of Commerce to represent telecommunications right-of-way users under state law and to Mobilitie. address concerns about deployment of small wireless technology, the Minn. stat. § 237.162 Legislature amended Minnesota's Telecommunications Right -of -Way User Minn. Stat. § 237.163 statutes, or Minnesota Telecom ROW Law, in the 2017 legislative session to Chapter 94, Art. 9, 2017 Regular session. specifically address small wireless facilities and the support structures on which those facilities may attach. Minnesota Public Utilities Commission, Meeting Agenda (Nov. 3, 2016). Because of these amendments, effective May 31, 2017 additional specific state statutory provisions apply when cities, through an ordinance, manage their rights of way, recover their right-of-way management costs (subject to certain restrictions), and charge rent for attaching to city -owned structures in public rights of way. Rent, however, is capped for collocation of small wireless facilities. State law defines "collocate" or "collocation" as a means to install, mount, maintain, modify, operate, or replace a small wireless facility on, under, within, or adjacent to an existing wireless support structure that is owned privately or by a local government unit. The Minnesota Telecom ROW Law allows cities to require Minn. stat. § 237.162. Minn. Stat. § 237.163 telecommunications right-of-way users to get a permit for use of the right of Chapter 94, Art. 9, 2017 way; however, it creates a separate permitting structure for the siting of Regular Session. small wireless facilities. League of Minnesota Cities Information Memo: 8/1/2017 Cell Towers, Small Cell Technologies & Distributed Antenna Systems Page 3 RELEVANT LINKS: Because of the recent significant changes in the state law and the specific requirements for deployment of small wireless facilities that do not apply to other telecommunications right-of-way users, cities should work with their city attorneys to review and update their ordinances. C. Limitations on cities' authority 1. Federal law Although federal law expressly preserves local governmental regulatory authority, it does place several substantive and procedural limits on that authority. Specifically, a city: USCOC of Greater Missouri • Cannot unreasonably discriminate among providers of functionally v. Vill. Of Marlborough, 618 F.Supp.2d 1055 (E.D. Mo. equivalent services. 2009). • Cannot regulate those providers in a manner that prohibits or has the Minnesota Towers Inc. v. effect of prohibiting the provision of telecommunications services or City of Duluth, 474 F.3d 1052 (8`h Cir. 2007). personal wireless services. • Must act on applications within a reasonable time. NE Colorado Cellular, Inc. v. City of North Platte, 764 • Must document denial of an application in writing supported by F.3d 929 (8th Cir. 2014) "substantial evidence." (denial of CUP for tower must be "in writing" but need not be a separate finding from the reasons in the denial). Smith Comm. V. Washington proof that the local zoning authority's decision furthers the applicable local Cty, Ark., 785 F.3d 1253 (8th Cir. 2015) (substantial zoning requirements or ordinances satisfies the substantial evidence test. evidence' analysis involves Municipalities cannot cite environmental concerns as a reason for denial, whether the local zoning authority's decision is however, when the antennas comply with FCC rules on radio emissions. In consistent with the applicable the alternative, cities can request proof of compliance with the FCC rules. local zoning requirements and can include aesthetic reasons). Bringing an action in federal court represents the recourse available to the cellular industry if challenging the denial of a siting request under federal law. Based on the limitations set forth in the federal law on local land use and zoning authority, most often, when cities deny siting requests, the challenges to those denials claim one of the following: FCC 09-99, Declaratory • The municipal action has the effect of "prohibiting the provision of Ruling, Nov. 18, 2009. personal wireless service." Tower and Antenna siting • The municipal action unreasonably discriminates among providers of FAQ sheet from FCC. functionally equivalent services (i.e., cell providers claiming to be a type T -Mobile West V. Crow, of utilitythe et thetreatment as a utility under No. CV08-1337 (D. AZ. so Y can g same Y uner city Dec. 16, 2009). ordinance). League of Minnesota Cities Information Memo: 8/1/2017 Cell Towers, Small Cell Technologies & Distributed Antenna Systems Page 4 RELEVANT LINKS: League of Minnesota Cities Information Memo: 8/1/2017 Cell Towers, Small Cell Technologies & Distributed Antenna Systems Page 5 2. State law Minn. stat. § 237.162 In addition to mirroring some of the federal law requirements, such as the Minn. Stat. § 237.163 Chapter 94, Art. 9, 2017 requirement of equal treatment of all like providers, state law permits cities, Regular Session. by ordinance, to further regulate "telecommunications right-of-way users." Minnesota's Telecom ROW Law expressly includes wireless service providers as telecommunications right-of-way users, making the law applicable to the siting of both large and small, wire -lined or wireless telecommunications equipment and facilities, in the rights of way. See further discussion of State law places additional restrictions on the permitting and regulating of state law restrictions in Section H -A, below small wireless facilities and wireless support structure placement. Accordingly, cities should work with city attorneys when drafting, adopting, or amending their ordinance. The Telecom ROW Law still expressly protects local control, allowing cities to deny permits for reasonable public health, welfare, and safety reasons, with no definitions of or limitations on what qualifies as health, welfare, and safety reasons. D. Court decisions Minnesota Towers Inc. v. The 81h U.S. Circuit Court of Appeals (controlling law for Minnesota) City of Duluth, 474 F.3d 1052 (8- Cir. 2007). Smith recognizes that cities do indeed retain local authority over decisions Comm. V. Washington Cty, regarding the placement and construction of towers and personal wireless Ark., 785 F.3d 1253 (8th Cir. 2015). service facilities. voicestream PCS11 Corp. v. The 8th Circuit also has heard cases where a carrier or other City of St. Louis, No. 4:04CV732 (E.D.Mo. August telecommunications company argued they are a utility and should be treated 3, 2005) (city interpretation as such under local ordinances. Absent a local ordinance that includes this of city ordinance treats communication facility as a type of equipment within its definition of utilities, courts do not necessarily Utility). deem cell towers or other personal communications services equipment functionally equivalent to utilities. Additionally, courts have found that the federal law anticipates some USCOC of Greater Missouri v. Vill. Of Marlborough, 618 disparate application of the law, even among those deemed functionally F.Supp2d 1055,1064 (ED. equivalent. For example, courts determined it reasonable to consider the Mo. 2009) (TCA explicitly contemplates some location of a cell tower when deciding whether to approve tower discrimination amount construction (finding it okay to treat different locations differently), so long providers of functionally equivalent services). as cities do not allow one company to build a tower at a specific location at the exclusion of other providers. League of Minnesota Cities Information Memo: 8/1/2017 Cell Towers, Small Cell Technologies & Distributed Antenna Systems Page 5 RELEVANT LINKS: For regulation of telecommunications right-of- way users, see Appendix A, Sample Ordinances and Agreements. For regulation of city right- of-way generally, see LMC information memo, Regulating City Rights of Way, and Right of Way Regulation, LMC Model Ordinance. Minn. Stat. 237.163, Subd. 2 (f). Chapter 94, Art. 9, 2017 Regular Session. E. City approaches Regulation of placement of cell towers and personal wireless services can occur through an ordinance. The Minnesota Telecom ROW Law provides cities with comprehensive authority to manage their rights of way. With the unique application of federal law to telecommunications and the recent changes to state law, along with siting requests for locations both in and out of rights of way, many cities find having a separate telecommunications right-of-way user ordinance (in addition to a right-of-way ordinance) allows cities to better regulate towers and other telecommunications equipment, as well as collocation of small wireless facilities and support structures. Some cities also have modified the definitions in their ordinances to exclude cell towers, telecommunications, wireless systems, DAS, small cell equipment, and more from utilities to counter the cell industry's requests for equal treatment or more lenient zoning under the city's zoning ordinances. In addition to adopting specific regulations, many city zoning ordinances recognize structures as conditional uses requiring a permit (or many of these regulations include a provision for variances, if needed). While cities may require special permits or variances to their zoning for siting of large cell facilities, under state law, small wireless facilities and wireless support structures accommodating those small wireless facilities are deemed a permitted use. The only exception to the presumed, permitted use for small wireless is that a city may require a special or conditional land use permit to install a new wireless support structure in a residentially zoned or historic district. Cities will want to review their zoning to make sure it complies with the Minnesota Telecom ROW Law. II. Deployment of small cell technologies and DAS Small cell equipment and DAS both transmit wireless signals to and from a defined area to a larger cell tower. They are often installed at sites that support cell coverage either within a large cell area that has high coverage needs or at sites within large geographic areas that have poor cell coverage overall. League of Minnesota Cities Information Memo: 8/1/2017 Cell Towers, Small Cell Technologies & Distributed Antenna Systems Page 6 RELEVANT LINKS: Minn. Stat. § 237.162. Minn. Stat. § 237.163. Chapter 94, Art. 9, 2017 Regular Session. See Appendix A, Sample Ordinances and Agreements. See League FAQ on Minnesota 2017 Telecommunication Right of Way User Amendments (July 2017). See Appendix A, Sample Ordinances and Agreements Situational needs dictate when cell providers use small cell towers, as opposed to DAS technology. Generally, cell providers install small cell towers when they need to target specific indoor or outdoor areas like stadiums, hospitals, or shopping malls. DAS technology, alternatively, uses a small radio unit and an antenna (that directly link to an existing large cell tower via fiber optics). Installation of a DAS often involves cell providers using the fiber within existing utility structures to link to its larger cell tower. Cities sometimes are asked to provide the power needed for the radios, which the city can negotiate into the leasing agreement with the cell provider. A. Additional zoning and permitting needs under state law Historically, many cities' ordinances address large cell sites, but not small cell towers or DAS. With the recent changes to state law, cities should work with their city attorney to review their ordinances in consideration of the new statutory permit process for the siting of small wireless facilities. Cities can charge rent (up to a cap for small wireless siting) under the statute for placement of cell technology or DAS on existing or newly installed support structures, like poles or water towers; and, also, can enter into a separate agreement to address issues not covered by state law or ordinance. Cities should work with their city attorney to get assistance with drafting these agreements and any additional documents, like a bill of sale (for transfer of pole from carrier to city), if necessary. The terms and conditions of these agreements, called collocation agreements, for siting of small wireless facilities, most likely will mirror agreements formerly referred to as master licensing agreements, often including provisions such as: • Definitions of scope of permitted uses. • Establishment of right-of-way rental fee (note statutory limitations). • Protection of city resources. • Provision of contract term (note statutory limitations). • Statement of general provisions. • Maintenance and repair terms. • Indemnity provisions. • Insurance and casualty. • Limitation of liability provision. • Terms for removal. League of Minnesota Cities Information Memo: 8/1/2017 Cell Towers, Small Cell Technologies & Distributed Antenna Systems Page 7 RELEVANT LINKS: Minn. Stat. § 237.162 Minn. Stat. § 237.163 Chapter 94, Art. 9, 2017 Regular Session. See League FAQ on Minnesota 2017 Telecommunication Right of Way User Amendments (July 2017). State law does not require a separate agreement, and some cities have chosen to put these provisions in their ordinance or permit instead. For cities that choose to have a separate agreement in place, they must develop and make that agreement publicly available no later than November 31, 2017 (six months after the effective date of this act) or three months after receiving a small wireless facility permit application from a wireless service provider. The agreement must be made available in a substantially complete form; however, the parties to the small wireless facility collocation agreement can incorporate additional mutually agreed upon terms and conditions. The law classifies any small wireless facility collocation agreement between a local government unit and a wireless service provider as public data, not on individuals, making those agreements accessible to the public under Minnesota's Data Practices Law. Additionally, the new amendments to Minnesota's Telecom ROW Law set forth other requirements that apply only to small cell wireless facility deployment. The 2017 amendments changed Minnesota's Telecom ROW Law significantly, the details, of which, can be found in the League's FAQ on Minnesota 2017 Telecommunication Right of Way User Amendments (July 2017). However, after the amendments, the law now generally provides: • A presumption of permitted use in all zoning districts, except in districts zoned residential or historical districts. • The requirement that cities issue or deny small wireless facility requests within 90 days, with a tolling period allowed upon written notice to the applicant, within 30 days of receipt of the application. • An allowance to batch applications (simultaneously submit a group of applications), with the limitation to not exceed 15 small wireless requests for substantially similar equipment on similar types of wireless support structures within a two-mile radius. • Rent not to exceed $150 per year with option of an additional $25 for maintenance and allowances for electricity, if cities do not require separate metering. • The limitation that cities cannot ask for information already provided by the same applicant in another small cell wireless facility application, as identified by the applicant, by reference number to those other applications. • A restriction that the height of wireless support structures cannot exceed 50 feet, unless the city agrees otherwise. • A restriction that wireless facilities constructed in the right of way may not extend more than 10 feet above an existing wireless support structure in place. League of Minnesota Cities Information Memo: 8/1/2017 Cell Towers, Small Cell Technologies & Distributed Antenna Systems Page 8 RELEVANT LINKS: League of Minnesota Cities Information Memo: 8/1/2017 Cell Towers, Small Cell Technologies & Distributed Antenna Systems Page 9 • A prohibition on moratoriums with respect to filing, receiving, or processing applications for right-of-way or small wireless facility permits; or issuing or approving right-of-way or small wireless facility permits. For cities that did not have a right-of-way ordinance in place on or before May 18, 2017, the prohibition on moratoria does not take effect until January 1, 2018, giving those cities an opportunity to enact an ordinance regulating its public rights-of-way. NOTE: These additional state law requirements do NOT apply to collocation on structures owned, operated maintained or served by municipal utilities. Also, the small wireless statutory requirements do not invalidate agreements in place at the time of enactment of the 2017 amendments (May 31, 2017). 47 U.S.C. § 332 (commonly The siting of DAS or new small cell technologies also must comply with the known as Section332 of Telecommunications Act). same restrictions under federal law that apply to large cell sitings. Specifically, a city: FCC 09-99, Declaratory Ruling (Nov. 18, 2009). • May not unreasonably discriminate among providers of functionally equivalent services. FCC 14-153, Report & Order • May not regulate in a manner that prohibits or has the effect of (October 21, 2014). prohibiting the provision of personal wireless services. • Must act on applications within a reasonable time. • Must make any denial of an application in writing supported by substantial evidence in a written record. Because of the complexities in the state law and the overlay of federal regulations, some cities have found it a best practice to adopt or amend a telecommunications right-of-way ordinance separate from their general right-of-way management ordinance. Cities that do not choose to adopt separate ordinances, at a minimum, should work with their attorney to review and amend their existing right-of-way ordinances, if necessary, to accommodate for telecommunications right-of-way users and the recent state law amendments for small wireless facilities. For example, since state law now recognizes small wireless facilities as a permitted use, zoning ordinances that require conditional use permits for these facilities likely will need amending. Since wireless providers seek to attach their small cell and DAS equipment to city -owned structures, many cities choose to have a separate agreement in place to address terms and conditions not included in ordinances or permits. Minn. Stat. § 237.163, If the city chooses to do so, the law requires the city to have these Subd.3a(f). agreements available in a substantial form so applicants can anticipate the Chapter 94, Art. 9, 2017 Regular session. terms and conditions. Again, cities should work with the city attorney to draft a template agreement governing attachment of wireless facilities to See Appendix A, Sample Ordinances and Agreements. municipally owned Structures in the right of way. League of Minnesota Cities Information Memo: 8/1/2017 Cell Towers, Small Cell Technologies & Distributed Antenna Systems Page 9 RELEVANT LINKS: Section 6409(a) of the Middle Class Tax Relief and Joe Creation Act of 2012, codified at 47 U.S.C. § 1455. FCC Public Notice AD 12- 2047 (January 25, 2013). FCC 14-153, Report & Order (October 21, 2014). FCC Public Notice AD 12- 2047 (January 25, 2013). FCC Public Notice AD 12- 2047 (January 25, 2013). City of Arlington Texas, et. al. V. FCC, et. al., 133 S.Ct. 1863„ 1867 (2013) (90 days to process collocation application and 150 days to process all other applications, relying on §332(c)(7)(B)(ii)). This model ordinance and other information can be found at National Association of Counties Website. With the nationwide trend encouraging deployment of these new technologies, if a city denies an application, it must do so in writing and provide detailed reasonable findings that document the health, welfare, and safety reasons for the denial. With the unique circumstances of each community often raising concerns about sitings, cities may benefit from proactively working with providers. B. Modifications of existing telecommunication structures If a siting request proposes modifications to and/or collocations of wireless transmission equipment on existing FCC -regulated towers or base stations, then federal law further limits local municipal control. Specifically, federal law requires cities to grant requests for modifications or collocation to existing FCC -regulated structures when that modification would not "substantially change" the physical dimensions of the tower or base station. The FCC has established guidelines on what "substantially change the physical dimensions" means and what constitutes a "wireless tower or base station." Once small cell equipment or antennas gets placed on that pole, then the pole becomes a telecommunication structure subject to federal law and FCC regulations. Accordingly, after allowing collocation once, the city then must comply with the more restrictive federal laws that allow modifications to these structures that do not substantially change the physical dimensions of the pole, like having equipment from the other cell carriers. Under this law, it appears cities cannot ask an applicant who is requesting modification for documentation information other than how the modification impacts the physical dimensions of the structure. Accordingly, documentation illustrating the need for such wireless facilities or justifying the business decision likely cannot be requested. Of course, as with the other siting requests, state and local zoning authorities must take prompt action on these siting applications for wireless facilities (60 -day shot clock rule). Two wireless industry associations, the WIA (formerly known as the PCIA) and CTIA, collaborated with the National League of Cities, the National Association of Counties, and the National Association of Telecommunications Officers and Advisors to: (1) develop a model ordinance and application for reviewing eligible small cell/DAS facilities requests under federal law; (2) discuss and distribute wireless siting best practices; (3) create a checklist that local government officials can use to help streamline the review process; and (4) hold webinars regarding the application process. League of Minnesota Cities Information Memo: 8/1/2017 Cell Towers, Small Cell Technologies & Distributed Antenna Systems Page 10 RELEVANT LINKS: Minn. Stat. § 237.163, Subd. 2(d). Chapter 94, Art. 9, 2017 Regular Session. III. Moratoriums The cellular industry often challenges moratoriums used to stall placement of cell towers, as well as small cell/DAS technology, until cities can address regulation of these structures. Generally, these providers argue that these moratoriums do one of the following: Prohibit or have the effect of prohibiting the provision of personal wireless services. Violate federal law by failing to act on an application within a reasonable time. State law now prohibits moratoriums with respect to: (1) filing, receiving, or processing applications for right-of-way or small wireless facility permits; or (2) issuing or approving right-of-way or small wireless facility permits. For cities that did not have an ordinance enabling it to manage its right-of-way on or before May 18, 2017, the prohibition on moratoria does not take effect until January 1, 2018, giving those cities an opportunity to enact an ordinance regulating its public rights-of-way. IV. Conclusion With the greater use of calls and data associated with mobile technology, cities likely will see more new cell towers, as well as small cell technology/DAS requests. Consequently, it would make sense to proactively review city regulations to ensure consistency with federal and state law, while still retaining control over the deployment of structures and the use of rights of way. League of Minnesota Cities Information Memo: 8/1/2017 Cell Towers, Small Cell Technologies & Distributed Antenna Systems Page 11 AGENDA ITEM Item No.: Date: May 29, 2018 Item Description: Appointment of 2018 Seasonal Employees V5.1 Presenter: Jason Goehring Agenda Public Works Director/ Parks and Golf Course Supervisor Section: City Engineer's Report 1. Purpose. The purpose of this action item is to gain Council approval of seasonal employees. 2. Background. The hourly pay is proposed to be $10.00-12.00 for the Golf Course Clubhouse Attendants; $10-$15 for Parks and Golf Course Maintenance Employees, and $10-15 for Utilities Maintenance Workers; $12.00-$15.00 for the Brush Site Attendants; and a pay range of $15.00- $20.00 for the Assistant Superintendent and Clubhouse Manager. The Clubhouse Manager will be enrolled in the coordinated PERA plan. All other seasonal employees will fall under the 6 month PERA Classification and are therefore excluded from PERA membership. 3. Seasonal Employee Appointments and Candidates. 4. Staff Recommendation. I recommend approval to hire of the seasonal employees in Table 3. COUNCIL ACTION REQUESTED Motion to approve hiring the seasonal employee as in the list above. Prepared By: JG Reviewed By: Approved By: Name Position Wage Remarks ($/hr) v Robert Howells G.C. Clubhouse Manager $19.00 Returnee o N Paul Tolzmann G.C. Clubhouse Attendant $12.00 Returnee cRebecca Anderson Utilities Maintenance Worker $12.00 Returnee w `N° Calvin Schmidt Parks and Golf Maintenance $11.00 Returnee Marshall Hambro G.C. Clubhouse Attendant $12.00 Returnee Diana Otrey G.C. Clubhouse Attendant $11.00 Returnee 0 c William Fischer G.C. Clubhouse Attendant $10.00 Returnee James Berg G.0 Clubhouse Attendant $10.00 New Marie Jorland G.C. Clubhouse Attendant $10.00 New d � Cody Dickhausen Parks and Golf Maintenance $10.00 New Ronald Steffenhagen Parks and Golf Maintenance $10.00 New Ed Kvam Parks and Golf Maintenance $11.00 Returnee Danielle Middendorf G.C. Clubhouse Attendant $10.00 New N pp a � N CL � Tami Campbell G.C. Clubhouse Attendant $10.00 New � y N Stuart Mayer Brush Site Attendant $12.00 New Requesting A royal Scott Prochow IG.C. Clubhouse Attendant 1 $10.00 New 4. Staff Recommendation. I recommend approval to hire of the seasonal employees in Table 3. COUNCIL ACTION REQUESTED Motion to approve hiring the seasonal employee as in the list above. Prepared By: JG Reviewed By: Approved By: AGENDA ITEM Prepared By: JG Reviewed By: Approved By: AGENDA ITEM Item No.: 9 Date: May 29, 2018 Item Description: Hiring Part-time (Seasonal) Community Service Officer Presenter: Correy Farniok Agenda Consent Agenda Police Chief Section: 1. Purpose. The purpose of this action item is to gain approval to hire a Part-time (seasonal) Community Service Officer. 2. Background. The Police Department currently has a Full-time Community Service Officer that works Monday through Friday. As the activity picks up during the summer season the police department could use assistance with parking complaints, park checks and other minor tasks on the weekends. This position would be temporary or seasonal. At the end of the summer the position would be evaluated to see if it would continue in 2019. A job description is attached to this council action. Nathaniel Schultz has been a police reserve officer with Orono Police Department since May of 2015. Nathaniel was also has experience as a police dispatcher since 2006 and worked for Hennepin County as a dispatcher for more than 7 years. 3. Staff Recommendation. I recommend that Nathaniel Schultz be hired as a Part-time (seasonal) Community Service Officer. Position would be 12-20 hours per week. COUNCIL ACTION REQUESTED Motion to approve Nathaniel Schultz be hired as a Part-time (seasonal) Community Service Officer effective May 30, 2018 at a starting hour wage of $16.59. Exhibits Exhibit A. Part-time Community Service Officer Job Description Prepared By: Correy Farniok Reviewed By: JS)�a Approved By: _19a ORONO POLICE DEPARTMENT "Dedicated to fairness, service, pride and quality" POLICY: EFFECTIVE DATE: May 30, 2018 REVIEW DATE: APPROVED BY: Title: Community Service Officer - Part Time (Seasonal) Position Description Accountable to Deputy Chief/ Chief of Police Distribution: Sworn and Non -Sworn Personnel 4006.01 Primary Objective of Position Provide support services for the Police Department in a manner consistent with the mission and goals of the Orono Police Department. 4006.02 Essential Duties and Responsibilities 1. Apply Orono's community -oriented policing philosophy in the course of regular duties. 2. Responsible for enforcing park regulations at Dog Park. 3. Monitor Orono brush drop off site 4. Monitor and take appropriate action related to parking concerns at or near marinas and public boat launches. 5. Must be available most weekends from Memorial Day through Labor Day. 6. Responsible for animal complaints including: citation, capture, detention, disposal or transportation to designated veterinary shelter 7. Assist with care and maintenance of all Police Department equipment. 8. Write clear and complete police reports in accordance with department policy. 9. Assist other city departments as needed. CSO PT Position Description Page 2 of 2 10. Perform tasks associated with jail activities including prisoner fingerprinting, intake, mandatory jail checks and the maintenance of jail supplies. 11. Assist in returning property, recovered or used as evidence to owner. 12. Perform other duties and assume other responsibilities as directed by department personnel. 13. Position will work approximately 16-20 hours per week. Majority of hours will be weekends. 4006.03 Minimum Oualifications ■ 18 years of age ■ High School graduate or GED ■ Valid MN driver's license ■ Possess a general knowledge of department operations. ■ Must demonstrate a commitment to teamwork when working with department members and city staff. ■ Ability to communicate effectively, both verbally and in writing. ■ Must have no felony or theft convictions ■ Must pass thorough background investigation. 4006.04 Desirable Oualifications ■ Ability to comprehend directions set forth in federal, state statutes, city ordinances and department policies and procedures. ■ Computer experience. ■ Ground maintenance ■ Ability to operate a boat, tractor and other mowing equipment. AGENDA ITEM Item No.: 10 Item Description: Compensation Study Date: May 29, 2018 Presenter: Dustin Rief, Agenda Consent Agenda City Administrator Section: 1. Purpose: The Office and Professional Employees International Union, Local No. 12, AFL- CIO agreement required that a compensation study be completed before the end of 2018. 2. Background: in 2015 ABDO, Eick & Meyers, AEM Financial Solutions conducted a compensations study. This study identified a number of pay gaps for specific positions. However, this compensation study excluded the majority of the City's employees in the police department. The compensation also reviewed all positions for compliance to the Minnesota Equal Pay act, yet recommendations for pay increases of non-union employees were less than union causing the most recent realignment of the Deputy Chief pay from grade 14 to grade 15 approved on May 14, 2018. In March of 2018 the City also approved the bargaining agreement with the Office and Professional Employees International Union, Local No. 12, AFL-CIO which also requires a compensation study be conducted. 3. Cost: The cost of this study is $9,900 and will be paid from Central Services, professional services account. 4. Staff Recommendation. I recommend approval of the Compensation Study Proposal by AEM Workforce Solutions, LLC COUNCIL ACTION REQUESTED Motion to approve the Compensation Study Proposal by AEM Workforce Solutions, LLC Exhibits Exhibit A. Compensation Study Proposal Prepared By: �bGa Reviewed By: jl�a Approved By: -Sb9a City of Orono Submitted May 2, 2018 AEM Wakforw Solutions, LLC 100 Warren Street, Suite 600 Mankato, Minnesota 56001 507.524.4282 Contact Person: Leah R. Davis, CPA 507.524.2347 leah.davis@aemws.com AO ICK F���►I�11_� -'I a 1 .►4 ,I.I AEM Workforce chit ons— 11177 b( I-, TABLE OF CONTENTS Letter of Transmittal Executive Summary Welcome to ABDO, EICK & MEYERS, LLP Firm Qualification and Experience Governmental Client Services Organization Chart Project Outline and Timeline Proposed Schedule Approach and Scope of Work City Expectations Service Guarantee Price Guarantee City Financial Investment Quality Assurance Conclusion Similar Engagements with Other Governmental Entities Appendix A Proposer Warranties B Professional Biographies 2 3 5 6 7 8 8 8 9 9 9 9 9 10 ff"ABDO EICK j' MEYERSLH AEM WorkforceSolutions- LETTER OF TRANSMITTAL We are pleased to submit our proposal to the City of Orono (the City) and are confident the City will find AEM Workforce Solutions, LLC (AEMWS) to have the experience and expertise to exceed your expectations. The primary contact for this engagement will be Leah Davis, CPA, President of AEMWS. Leah's contact information is listed below. Leah Davis, CPA 100 Warren Street, Suite 600 Mankato, MN 56001 leah.davis@aemws.com 507.524.4282 In the event the City selects the AEMWS proposal, AEMWS is prepared to enter into an agreement with the City to provide services outlined in the proposal. -2- EXECUTIVE SUMMARY City of Orono 2750 Kelley Parkway Orono, MN 55356 Dear Dustin, Thank you for the opportunity to submit this proposal to the City of Orono (the City) for preparing a compensation study. Based on our previous experience with the type of work outlined in the proposal, we are confident our experience and expertise will allow us to exceed your expectations. Our proposal will demonstrate to you that AEM Workforce Solutions, LLC (AEMWS) will be the service provider of choice for your City. Our success has been driven by utilizing staff that is experienced and well trained in human resources management, market wage analysis, and governmental planning and operations. We understand attention to detail, project approach, management plan and quality work product are important factors in your selection process. We are confident in our ability to help the City achieve its desired project outcomes. Our approach to this project is to engage with City staff to ensure we have an exceptional understanding of the project, each individual's role in the project, overall expectations and desires as well as exceptions to standard operations. Throughout the project there will be periodic meetings with City staff to share information, solicit input and provide updates. Based on our experience, we will structure each phase of the project to emphasis efficiencies and streamline processes. • Ability to successfully complete all requirements - A component of our mission statement is a philosophy that we will assist clients in reaching their maximum potential by open communications and teamwork. This means we will do the following for you: o Present to you a clear project plan o Use portal technology to share and collaborate documents o Provide an environment that solicits and welcomes ideas and strategies from the City team o Present recommendations in clear, concise and non-technical terms to all members of the City team o Collaborate with the City team and software vendor to ensure alignment o Return phone calls and emails promptly Experience with similar projects - We believe our experience with similar projects and our expertise in human resources management, governmental accounting, operational effectiveness, analysis, process and planning is greater than any other CPA or related advisory Firm in Minnesota. -3- ABO ro*' I' IKMEW H,1' EXECUTIVE SUMMARY City of Orono 2750 Kelley Parkway Orono, MN 55356 Dear Dustin, Thank you for the opportunity to submit this proposal to the City of Orono (the City) for preparing a compensation study. Based on our previous experience with the type of work outlined in the proposal, we are confident our experience and expertise will allow us to exceed your expectations. Our proposal will demonstrate to you that AEM Workforce Solutions, LLC (AEMWS) will be the service provider of choice for your City. Our success has been driven by utilizing staff that is experienced and well trained in human resources management, market wage analysis, and governmental planning and operations. We understand attention to detail, project approach, management plan and quality work product are important factors in your selection process. We are confident in our ability to help the City achieve its desired project outcomes. Our approach to this project is to engage with City staff to ensure we have an exceptional understanding of the project, each individual's role in the project, overall expectations and desires as well as exceptions to standard operations. Throughout the project there will be periodic meetings with City staff to share information, solicit input and provide updates. Based on our experience, we will structure each phase of the project to emphasis efficiencies and streamline processes. • Ability to successfully complete all requirements - A component of our mission statement is a philosophy that we will assist clients in reaching their maximum potential by open communications and teamwork. This means we will do the following for you: o Present to you a clear project plan o Use portal technology to share and collaborate documents o Provide an environment that solicits and welcomes ideas and strategies from the City team o Present recommendations in clear, concise and non-technical terms to all members of the City team o Collaborate with the City team and software vendor to ensure alignment o Return phone calls and emails promptly Experience with similar projects - We believe our experience with similar projects and our expertise in human resources management, governmental accounting, operational effectiveness, analysis, process and planning is greater than any other CPA or related advisory Firm in Minnesota. -3- • Understanding of the project and ability of the firm to complete the expected scope or work on schedule and within budget - AEMWS is committed to providing a team environment that gives us the ability to complete projects on time and on budget. We leverage our staff to ensure the work is being completed by the appropriate individuals, reviewed by the President and signed off on by the CEO. We understand the parameters and expectations of this project and will complete the expected scope of work on schedule and within budget. Provide objective and unbiased findings - as an impartial third party, AEMWS is committed to performing all aspects of the compensation study and analysis objectively and with a focus on factual market wage information and experienced interpretation of position responsibilities. While our team may engage with City staff to answer questions and provide insight, we can guarantee that our final report will be solely intended to provide all stakeholders with accurate and unbiased findings and recommendations. • Accomplishing project objectives - Our approach to a project is heavily dependent on communication and technology. We believe that listening to our clients' needs, concerns and challenges is of utmost importance for a successful project. Our experience in internal operations, compensation analysis, processes, procedures, analysis of market conditions and knowledge of applicable rules and regulations allows us to partner with the City to implement a robust Compensation study that will be easy to maintain after initial implementation. We use portal technology to share and collaborate on documents. This allows us to expedite our work product, provide answers to staff questions quickly and communicate instantaneously with City staff. We look forward to meeting with you to discuss our proposal, and appreciate this opportunity to present AEMWS for your consideration. We will contact you within two weeks to discuss your interest in our services and provide any further information you may need. Sincerely, AEM Workforce Solutions, LLC Steven R. McDonald, CPA Leah Davis, CPA CEO President, AEM Workforce Solutions, LLC People +Wocess GoinCF Beer-lidtl, -4- �u.riil�et Welcome to ABDO, EICK & MEYERS, LLP "The investments into our People and Process make a difference foryou,ourvaluedclient. We focus on the challenges andneeds that are relevant to your business or government agency. This allows us to be thoughtful in our approach in providing you with the best solutions, and leaves you assured in the value of our deliverable. " We focus recruiting efforts on Minnesota state colleges and universities. Innovative recruiting strategies, including a strong social media presence, allow us to attract top talent. Steve McDonald - Managing Partner We've invested in a state-of-the-art, on-site training facility and a full-time Learning Director to ensure our team is prepared to exceed your expectations. People +Process Going Beyond the Numbers We focus on client results and reward our team based on specific goals, not hours billed. Our process begins with listening. We invest time to better understand your goals and challenges. Active engagement with DFK International and domestic industry associations allows us to provide maximum value to your organization. 'i I N T E R N A T 1 0 N A L I U S A 1978-2013 511 Combing our internal expertise and technological resources with what we've learned about you allows us to deliver a solution that exceeds your expectations. FIRM QUALIFICATIONS AND EXPERIENCE For over 50 years, we've helped local governments throughout Minnesota serve their communities more efficiently. As the leading governmental auditing firm in the state, we provide accounting, financial, and audit services to over 200 governmental entities. In 2016, we established AEM Workforce Solutions, LLC (AEMWS) a company dedicated to providing day-to-day and strategic level human resources management and payroll services for many types of employers, including local governments. With a staff of 10 team members, comprised of CPAs, HR experts, and payroll specialists, and over 75 years of combined experience, AEMWS provides clients with a depth of perspective and experience that is unparalleled, resulting in creative and effective labor solutions. As an integral part of your team, we work with you to deliver one -of -a -kind solutions for improving best practices in your entire organization. You can expect to work with our partners and managers to resolve issues ranging from operational effectiveness to long term planning and workflow. AEMWS is a division of Abdo, Eick & Meyers, LLP (the Firm). Overall the Firm has a professional staff of more than 150 in its Edina and Mankato offices. AEMWS specializes in the in Human Resources Management and Payroll outsourcing and advisory services. The following summarizes the type of services we provide. Governmental Client Services Our governmental client base is composed of cities, municipalities and other public entities. They are as follows: • Compensation analysis • Compensation Program Development and Implementation Support (Step/Grade, Performance based, etc.) • HR/Payroll Process Development and Analysis • HR Compliance Consulting • Full Service Human Resources Outsourcing • Full Service Payroll Outsourcing • Integrated HR/Payroll/Timekeeping/Accounting Software Utilization and Implementation Support • Affordable Care Act Compliance • Labor and Talent Development Programs I on People +Wocess. Goiil B nd th,! NLunbers FIRM QUALIFICATIONS AND EXPERIENCE - CONTINUED Organization Chart Each component of our work encompasses a detailed analysis of work performed by all staff members ending with a final sign off based on compliance with our internal requirements. The organizational chart below outlines the roles and responsibilities of our team members. Partner Quality Review Final signoff MA President Primary Contract Point Quality Review Negotiations Request for proposal development Review and analysis of position classification and compensation Project management Communication Senior Accountant/CPA Position classification and compensation analysis Market condition review Classification analysis Analysis of outputs Data analysis HR Specialist Federal and state compensation regulations Position analysis Analysis of outputs Data analysis People +Pr«r�cc_ Peyv dth.!� Numbers PROJECT OUTLINE AND TIMELINE Proposed Schedule For most cities it is very important to work with a firm that has a clear implementation process that will ensure that the project is completed on time. AEMWS has provided our detailed implementation plan Appendix C of the proposal that outlines exactly how we will ensure a smooth implementation. AEMWS has update meetings with the City Management team proposed in the implementation plan. These meetings will be designed to provide updates, solicit comments, review progress and address any challenges. The schedule identifies a completion date of 90 days following the project start date, depending on the City's internal timelines. Approach and Scope of Work The following information outlines the approach we will take for the project and the overall scope of work. Introduction and Project Orientation The first step to this project is to review and analyze data provided by the City. This includes the existing job descriptions and compensation system, union contracts and any other data the City has available. After this review, we will meet with the City management team to discuss overall project expectations, outcomes and timelines. We believe it is important to hold a kickoff meeting with the City management team. This meeting may be held by a conference call or in person, depending on availability of all involved. The purpose of the kickoff meeting is to share the steps in the process for the compensation study, and outline expectations of the City as well for the overall project. This is also an opportunity for the City management team to ask for clarification on the project and address any questions they may have. Limited Position classification, ranking, grades and evaluation Using the existing job descriptions and pointing methodology, we will evaluate and reassign position point values, using the existing point assignment methodology, for the specifically identified positions (listed below). In addition, we will complete a full wage/labor market survey and utilize the Minnesota Local Government Salary and Benefit Survey put out by the League of Minnesota Cities to do a comparative compensation analysis. This analysis will also include recommendations for maintaining marketable wage scales into future years as well as best practices for managing multiple union and non-union scales. Positions to be Reviewed & Re -pointed: Management Assistant Police Chief Deputy Police Chief Police Sergeant Police Officer Community Service Officer Planning Assistant Municipal Services Support Representative Develop Formal Position Review Request Process In an effort to ensure consistent and unbiased position evaluation, point assignment, and step/grade scale placement, as well as providing structure to the request process, we will work with City management to develop and implement a formal employee request process and procedure for future position review and re -pointing requests. This recommendation will also include suggested timelines and processes for ongoing review to ensure that all positions are regularly evaluated and updated. Final documents All documents will be reviewed with the City Management team in draft format before finalization and distribution. Once approved by the City Management team, a presentation will be given to City Council. Final documents include compensation analysis, overall methodology utilized in the project, data outputs and presentations. City Expectations As part of the Compensation Analysis, the City agrees to: • Devote uninterrupted time to working with us as needed • Make candid representations about your plans and expectations • Make all management decisions and perform all management functions • Provide an individual responsible to review and accept our work People +Wocess. Goiil B nd th,! -g- NLunbers PROJECT OUTLINE AND TIMELINE - CONTINUED Service Guarantee Our work is guaranteed to the complete satisfaction of the customer. If you are not completely satisfied with the services performed by AEMWS, we will, at the option of the City, either refund the price or accept a portion of said price that reflects the City's level of value received. Upon payment of each of your scheduled payments, we will judge you have been satisfied. Price Guarantee Furthermore, if you ever receive an invoice without first authorizing the service, payment terms, and price, you are not obligated to pay for that service. City Financial Investment Position Description Review and Re -pointing - 8 positions $ 1,800.00 Full Market Wage Analysis and Report - all positions 6,900.00 Position Review and Re -pointing Request Process Development and Implementation 1,200.00 Total Investment $ 9,900.00 Additional Services: Should the City request services in addition to the Contracted Services, the Contractor will provide the City with proposed fees for the services to be provided. The City shall provide a written or electronic confirmation prior to the proposed services implementation. Quality Assurance Quality is critical the success and integrity of this project. Our internal processes ensure that all work is reviewed and approved prior to moving to the next phase of a project. Our processes require that work is reviewed by a staff member at a higher level than the person that completed it and ultimately the work is signed off on by the AEMWS President. Conclusion Throughout this process we will be in constant communication with the City team to ensure their needs are being met. By utilizing our implementation and operational experience as well as our knowledge of compensation analysis, job evaluations, and governmental accounting, our experience providing services to Minnesota municipalities and our knowledge of regulations in the State of Minnesota, we can partner with the City to have an incredibly successful Compensation Study. We are excited about this opportunity and the benefits the City will recognize as this study is finalized. Services will be conducted by phone conversations and information provided by the City to AEMWS. Information to be gathered during the Compensation study includes market conditions and market comparables. We will use the Hayes methodology for job pointing, analyze comparable City market information, comparable union information and national indices to provide a complete analysis for the compensation study. The final compensation analysis will be delivered in an on-site visit to review and discuss the report with the City Council. -9- People +Process. Goiil B nd th,! NLunbers SIMILAR ENGAGEMENTS WITH OTHER GOVERNMENTAL ENTITIES We have long-term relationships with many cities in Minnesota and have provided a sample of references of those we have completed a compensation analysis for. Additional references are available upon request. Compensation Analysis referrals: St. Cloud Metropolitan Transit Commission Ryan Daniel 1320.251.1499 Engagement Partner - Jean McGann City of Rogers Stacy Scharber 1763.428.2253 Engagement President - Leah Davis City of Orono Ron Olson 1952.249.4611 Engagement Partner - Steve McDonald City of Montrose Margaret McCallum 1 763.575.7422 Engagement President - Leah Davis City of Sebeka Cheryl Hahn 1218.837.5773 Engagement President - Leah Davis People +Wocess. Going Beyondth.!� Numbers People +Pr©cm Going Peyondth.� Numbers PROPOSER WARRANTIES Proposer Warranties 1. Proposer warrants that it is willing and able to comply with State of Minnesota laws with respect to foreign (non -State of Minnesota) corporations. 2. Proposer warrants that it is willing and able to obtain an "errors and omissions" insurance policy providing a prudent amount of coverage for the willful or negligent acts, or omissions of any officers, employees or agents thereof. 3. Proposer warrants that it will not delegate or subcontract its responsibilities under an agreement without the prior written permission of the City of Dilworth located in Dilworth, Minnesota. 4. Proposer warrants that all information provided in this proposal is true and accurate Signature of Official: A& -,� y'A Name (typed): Steven R. McDonald, CPA Title: CEO Firm: AEM Workforce Solutions, LLC Date: April 12, 2018 Signature of Official: Name (typed): Leah R. Davis, CPA Title: President Firm: AEM Workforce Solutions, LLC Date: April 12, 2018 People ID.. .. ........ $eyondtn,,! NLunbers People +Wocess. Going BcN6ndth� Numbers Leah joined the firm in 2016 as President President of AEM Workforce Solutions after owning and operating her own Direct line 507.524.2347 business, providing outsourced Human leah.davis@aemws.com Resources and payroll support, for over 10 years. She also has several years of Qualifications experience in public accounting, 0 Experience in Human Resources Management, Regulatory Compliance, focusing on business tax and financial Employee Benefit Plans, including the Affordable Care Act, Workers institutions. Compensation, Payroll, and Employee Compensation • Works extensively with multiple integrated HR/Payroll/Timeclock systems When not working, Leah enjoys, (ADP, Paychex, Ceridian, etc.) and Benefit Administrative platforms volunteering, being outdoors and Other services including Incentive and Compensation plan spending time with her husband and development/analysis, Specialized Labor Cost Analysis, and HR Process 4 daughters. Some of her favorite Development and Implementation. pastimes include reading, live music and sporting events, cooking, and Professional Memberships travel. • American Institute of Certified Public Accountants (AICPA) • Minnesota Society of Certified Public Accountants • Society for Human Resources Management (SHRM) Education Bachelor of Science in Accounting and Business Administration, Minnesota State University, Mankato o Graduated Summa Cum Laude • Continuing professional education IS ABDO wit EICK & i % ME EIRS LLP People +Process. AEM workforce Solutions'" Going Beyondthe Numbers Megan joined the firm as part of AEM Payroll and HR Specialist Workforce Solutions in 2016 and brings over 10 years of experience working Direct line 507.524.2348 closelywith clients and employees in a megan.schwanz@aemws.com wide variety of HR and payroll functions. Megan has also owned and operated Qualifications her own small business since 2010. 0 Experience in Human Resources Management& Compliance, Employment Process Development& Implementation, Payroll, Benefits Administration, When not working, Megan enjoys COBRA and Workers Compensation. spending time both at home and 0 Works extensively with ADP Software, Quickbooks, Microsoft Office and outdoors with her husband and three Google Apps for Business young children. Some of her favorite pastimes include photographyand Education travel. Bachelorof Science in Counseling, Minnesota State University, Mankato. Me; ABDO wJ EICK & p� ��11J UP People +Process Going AEM workforce Solutions'" Beyondt>>e Numbers Colette Drager joined the firm in 2016 Senior Human Resources Consultant as an HR consultant to service the clients of AEM Workforce Solutions. A Direct line 5073046850 past business owner and HR executive, colette.drager@aemws.com she offers her clients over 20 years of practical experience aligning people Qualifications strategies with business leadership's An accomplished HR leader acquainted with both established and fast initiatives and goals. growth companies in multiple industry settings and disciplines • Experienced in strategic to operational level execution of human capital When not working, Colette values time management needs with her husband, a crop and livestock o Workforce initiatives and programs farmer, and their two grown children. o Specialized and outcome driven incentive and compensation programs for both entry, sales, and executive levels o Guidance on complex or difficult personnel issues o Leadership/Management training and development o Compliance training and process implementation Professional Memberships • Society of Human Resources Management • Registered Nurse • MRCI — Board Member (2015) • SMIF/Maple River AAA Foundation — Board Chair (2004-2012) • Maple River Schools — Member and Vice Chair (2004-2012) Education • Bachelor of Arts Degree, St Catherine University r -UDO '~leo le EIK +�P (rssa MEYERUS LI -P Going a Certified Public Accou.ruaras &- C)utu/turas Be'4'ond t.hr. Nffi lei :s AGENDA ITEM Item No.: 11 Date: May 29, 2018 Item Description: # 18-3997 — Rehkamp Larson, 1300 Bracketts Point Road, Amend Approved Plan — Resolution (revised) Presenter: Melanie Curtis Agenda Consent Agenda Planner Section: 1. Purpose. This application is regarding an amendment to a variance approved in February 2018 to permit modification to a portion of the roof of the home within the average lake setback. 2. Background. An average lakeshore setback variance was granted in February for additions/modifications to the home. While finalizing the plans for construction, the applicant discovered they would like to make minor modifications to the roof over a portion of the home resulting in less encroachment in some areas and a slightly greater encroachment in others (slightly wider addition, approved pitched roof to flat roof, etc). For a more clear/colorized visualization of the changes, please refer to Exhibit B. This revision has not been reviewed by the Planning Commission; staff believes it to be a minor alteration of an approved plan and a lesser encroachment than approved. Public Comment. No additional comments from the public were received regarding this application. 4. Staff Recommendation. Staff recommends approval. The Council may also refer this change to the Planning Commission through the public hearing process. COUNCIL ACTION REQUESTED Make a motion to adopt or amend the resolution with the revised plans. Exhibits Exhibit A. Draft Resolution Exhibit B. Revised Plans References Council Packet 02/21/18 PC Packet 01/16/18 Prepared By: VY1GG Reviewed By: J. Barnhart Approved By: -bV CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. A RESOLUTION AMENDING VARIANCES FROM MUNICIPAL ZONING CODE SECTION 78-1279 FILE NO. 18-3997 WHEREAS, on December 13, 2017, on behalf of the property owner, Ferndale Properties LLC, Rehkamp Larson Architects (hereinafter the "Applicant"), applied for variances from the City Code for the property addressed 1300 Bracketts Point Road and legally described as: Lot 4, Rearrangement of Orono Point except that part of vacated Center Avenue as said Center Avenue was dedicated to the public in the plat of Rearrangement of Orono Point, lying northerly of a line drawn westerly perpendicular to the west line of said Lot 4 from a point on said west line distant 182.29 feet northerly from the southwest corner of said Lot 4, Hennepin County, Minnesota (hereinafter the "Property"); WHEREAS, on February 12, 2018, the Orono City Council approved Resolution No. 6832 which granted a variance to Orono Municipal Zoning Code Section 78-1279 to allow modification of the roof within the 75 -foot lake setback; and a variance to Orono Municipal Zoning Code Section 78-1279 to allow modification of the roof within the average lakeshore setback. WHEREAS, the Applicant has requested an amendment to Resolution No. 6832 to allow modifications to the previously approved plans for the 2nd story addition over the garage within the average lakeshore setback resulting in a larger 2nd story and a flat roof; and WHEREAS, on May 29, 2018, the City Council reviewed the request and the recommendations of the City staff; and WHEREAS, the City Council's decision was based on the following findings and recommendations of the Planning Commission, reports by City staff, comments by the Applicants and the public, and the effect of the proposed variances on the health, safety and welfare of the community as well as the impact on properties in the vicinity. NOW, THEREFORE, BE IT RESOLVED that the City Council of Orono, Minnesota hereby amends Resolution No. 6832 and grants variances from Orono Municipal Zoning Code Section 78-1279 to allow modification of the roof within the 75 -foot lake setback; and a variance to Orono Municipal Zoning Code Section 78-1279 to allow modification of the roof within the average lakeshore setback. CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. FINDINGS OF FACT: 1. This application was reviewed as Zoning File #18-3997. The analysis contained within staff memos and the exhibits attached to the aforesaid memos, all minutes from the above mentioned meetings, and any and all other materials distributed at these meetings are hereby incorporated by reference. 2. The Property is located in the LR -1A One Family Lakeshore Residential Zoning District. 3. The Property contains 3.0 acres in area and has a defined lot width of 320 feet. 4. The Property is within Tier 1 and hardcover is limited to 25% according to the Stormwater Quality Overlay District. 5. Applicant has applied for the following variances: a. Lake Setback Variance b. Average Lakeshore Setback Variance 6. In considering this application for variances, the Council has considered the advice and recommendation of the Planning Commission and the effect of the proposed variances 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: "Variances shall only be permitted when they are in harmony with the general purposes and intent of the ordinance .... The requested average lakeshore setback variance is in harmony with the Ordinance as the most adjacent neighbors are situated so that their lake views will not be impacted by the changes to the existing home. The additional mass of the roof areas within the 75 -foot lake setback will not be closer to the lake than existing and will not negatively impact the views into the Property from the lake. This criterion is met. 2. "Variances shall only be permitted ... when the variances are consistent with the comprehensive plan." The variances resulting in a permit for construction of modifications to the residence, without footprint expansions, within the setbacks in a residential zone are consistent with the Comprehensive Plan. This criterion is met. CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 3. "Variances may be granted when the applicant for the variance establishes that there are practical difficulties in complying with the zoning ordinance. `Practical difficulties,' as used in connection with the granting of a variance, means that: a. The property owner in question proposes to use the property in a reasonable manner, however, the proposed use is not permitted by the official controls. The request to permit modification of the roof lakeward of the average lakeshore setback and within the 75 -foot lake setback appear to be reasonable as the owners of the adjacent properties previously stated no objection to the plans; the mature vegetation, topography, and home orientation separate the Property from the adjacent neighbors. This criterion is met. b. The plight of the landowner is due to circumstances unique to his property not created by the landowner. Based on the curvature of the shoreline, the Property, and therefore the subject home, extends further into the lake than the neighboring properties. Also because of the shoreline curvature, the home to the north is set back further from the lake than the subject home resulting in the severe average lakeshore setback applied to the Property. This criterion is met c. The variance, if granted, will not alter the essential character of the locality. " The requested variances will not result in the subject home being out of character with the neighborhood; will not expand the footprint of the home; or result in additional encroachment into the setbacks toward the lake. This criterion is met. 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 improvements to a residential structure is an allowed use in the LR -1A Zoning 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. CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 8. "The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property." The extreme curve of the shoreline results in the average lakeshore setback line encumbering the Property. The proximity of the existing home to the lake is an existing condition setback of the subject home and is generally not in character with the immediate neighborhood. This criterion is met. 9. "The conditions do not apply generally to other land or structures in the district in which the land is located." The shoreline's curve results in the extreme average lakeshore setback which encumbers the Property. The proximity of the existing home to the lake is an existing condition; the setback of the subject home is not in character with all of the homes the immediate neighborhood. This criterion is met. 10. "The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant." Due to the location of the house and the applied setbacks, no improvement which expand beyond the existing footprint and walls of the existing home can be conducted without variances. This criterion is met. 11. "The granting of the proposed variance will not in any way impair health, safety, comfort or morals, or in any other respect be contrary to the intent of this chapter." Granting the requested variances will not adversely impact health, safety, comfort, or morals; nor will it be contrary to the intent of the Code. 12. "The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty." The shoreline, topography, and location of the subject home as well as the adjacent homes create practical difficulties affecting the Property; the variances are necessary and not merely serve as a convenience to the owners. This criterion is met. CONCLUSIONS, ORDER AND CONDITIONS: The approvals for the additions and modifications to the home stated above are 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 02/17/2017 and building plans dated 12/13/2017, and the amended sheets dated 04/21/18, submitted by the Applicant 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 by February 12, 2019, one year from the date of Council approval of Resolution No. 6832, or the variances will expire on that date. 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 14' day of May, 2018. 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BRICK BELOW BV -12", F.O. FASCIA BY -16" '0 r FMA REVISED DESIGN AREA RMA APPROVED UNUSED VARIANCE AREA NOTE: NEW WALLS TO BE 7" SET IN FROM F.O. BRICK North 2 PAVILLION PLAN - DESIGN OPTION Scale: 1/4"=1'-0" on 24x36 (1/8"=1'41" on 11x17) r LuLu LL! LL! 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ALIGNS STRUCTURE W/ EXISTING WALLS BELOW. /NEW STUCCO--'�, WALL FINISH NEW ASPHALT SHINGLES NEW GUTTERS TO MATCH REST OF HOUSE �—NEW CLAD WINDOW & DOOR UNITS W/ WOOD TRIM AT PAVILION —TPO W1 GRAVEL, VFY ;BI�111TK'T. G PAINTED REMAIN C3 -�L� 2A NORTH ELEVATION - CURRENT DESIGN Scale: 1/4"= 1'-0" on 24x36 (1/8"=1'-0" on 11x17) IF F10 90 ■ ■ - ■ ■ ■ING AT Nwo P1011 11 �® it - ■ I===_===_=�== = � ■I------------ ■ I _____=__= ===== ■ -��--------------- ----- �— - ■■n� ■ =--p__=== __==DOOR .1 SCREENz 2a NORTH ELEVATION - DESIGN OPTION Scale: 1/4"= 1'-0" on 24x36 (1/8"= 1'-0" on 11x17) 00 _o N r N LO 0 U o Z r H � ti z w 000 H N = to N l.► Q Q X O llam^^ LL N VJ LO -0 N J� LO 0. 00 CNI N_ = N M = w N F- A32 PILLION ELEVS DESIGN OPTION AGENDA ITEM Item No.: 12 Date: May 29, 2018 Item Description: LAI 8-000025 — David Knaeble, 3635 Togo Road, Final Plat and Development Agreement — Resolution Presenter: Melanie Curtis, Agenda Consent Agenda Planner Section: 1. Purpose. This application is for final plat approval for a subdivision of the property to create a total of 3 lots for single family homes where one lot currently exists with PRD flexibility. 2. Background. This preliminary plat creating 3 residential lots was approved via Resolution No. 6831 on February 12, 2018. The Final Plat is consistent with the Preliminary Plat. 3. Staff Recommendation. Staff recommends approval of the plat and the Development Agreement. COUNCIL ACTION REQUESTED Council should consider a motion to adopt or amend the approval resolution. Exhibits Exhibit A. Draft Final Plat Resolution Exhibit B. Final Plans Exhibit C. Engineer Comments Exhibit D. Draft Development Agreement Exhibit E. Resolution No. 6831 References 1. #18-3994 Council Memo & Exhibits -Preliminary Plat 02/21/18 2. #18-3994 PC Packet -Preliminary Plat 01/16/18Map Prepared By: VY1GG Reviewed By: J. Barnhart Approved By: _bV CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. A RESOLUTION APPROVING THE PLAT OF BENNETTS WOODS FILE NO. LA18-000025 WHEREAS, the City of Orono (hereinafter the "City") 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 (hereinafter "City Council") has adopted subdivision and land development regulations for the orderly, economic and safe development of land within the City; and WHEREAS, on December 12, 2017, David Knaeble, (the "Owner") submitted an application for approval of a preliminary approval of a Planned Residential Development Plat of the Property located at 3635 Togo Road in the City of Orono and legally described as: That part of Lot 6, Block 10, Townsite of Langdon Park described as follows: commencing at a point on the west line of said Lot 6 distance 150.0 feet north of the southwest corner thereof; thence at right angles east 50.0 feet; thence at right angles south 146.6 feet, more of less to the southerly line of said Lot 6; thence easterly along said southerly line of Lot 6, 214.0 feet, more or less, to the southeast corner of said Lot 6; thence north to the northeast corner of said Lot 6; thence west along the north line of said Lot 6, 124.0 feet, more or less, to a point 140.0 feet east of the northwest corner of said Lot 6; thence south parallel with the west line of lot 6, 250.0 feet; thence west parallel with the north line of Lot 6, 140.0 feet; thence south 120.0 feet, more or less, to the point of beginning, according to the plat thereof on file and of record in the Office of the Register of Deeds in and for Hennepin County, Minnesota. Including adjoining Northern Avenue vacated and subject to the easements described in book 1472 of Deeds, page 21. Abstract property, Hennepin County, Minnesota, (hereinafter the "Property"); WHEREAS, at its regular meeting on February 12, 2018, the Orono City Council granted approval for the Preliminary Plat per the findings and conditions of Resolution No. 6831; and WHEREAS, on February 28, 2018 the Developer made formal application for final plat approval for the Property; and WHEREAS, the Developer has agreed to comply with all conditions of Resolution No. 6831 and has completed or has agreed to complete all other requirements of the platting regulations of the City. CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. NOW, THEREFORE, BE IT RESOLVED that based on the findings of Resolution No. 6831, the City Council of the City of Orono does hereby approve the plat of BENNETTS WOODS, Hennepin County, Minnesota (a copy of which is attached as Exhibit A) subject to the following conditions: Development within BENNETTS WOODS is subject to the Conclusions, Orders and Conditions enumerated within Preliminary Plat Resolution No 6831, and subject to the provisions of the Development Contract for BENNETTS WOODS dated May 29, 2018. 2. Dedication on the plat of the perimeter Drainage and Utility Easement as required in Resolution 6831. The portions of Togo Road and Northern Avenue as dedicated in the plat of BENNETTS WOODS, are hereby declared open as public roadways and shall be owned and maintained by the City. 3. The approvals granted in this Resolution shall become effective only when all conditions of approval requiring actions by the Developer have been satisfied. 4. Building height determination shall be determined by the proposed grades as shown on the Preliminary Grading Plan dated 12/12/17. The grading plan as approved establishes new existing grades for building pads. 5. Minnehaha Creek Watershed District (MCWD) approved permits for the grading, stormwater management facilities, storm water pollution prevention plan (SWPPP) and erosion control plan shall be submitted. 6. An executed maintenance agreement meeting the MCWD's requirements to outline responsibility for all future maintenance activities related to the stormwater facilities and the Conservation Plan shall be submitted. 7. A title opinion for the Property and certified copies of all recorded easements currently affecting the Property shall be submitted. 8. A Development Contract including provision of financial security including a Letter of Credit and escrow to ensure that all site improvements are installed and maintained to the City's specifications and satisfaction, and to establish conditions for future development of the site shall be executed. 9. The aforementioned Letter of Credit shall be submitted. 10. Payment of Development Fees: a. Park Dedication Fee: $11,100. CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. b. Stormwater and Drainage Trunk Fee: $9,075.00. c. Municipal Water Connection Charge: $4,240.00. d. Final Plat Application Fee: $500.00. 11. The City Clerk shall release the plat documents for filing only upon certification by the City Attorney, Community Development Director and City Engineer that all requirements of the platting regulations have been satisfied. 12. The aforesaid plat shall be filed by the City of Orono with Hennepin County on or before November 29, 2018 together with a certified original copy of this resolution and executed copies of the easements and covenants pertinent thereto. ADOPTED by the Orono City Council on this 29th day of May, 2018. ATTEST: Anna C CITY OF ORONO: ,inis Walsh, Mayor I 0 0 LU co � �9 co sqp 111 ss 1-1 T° III V J—.— I J",_0 00i 76 - ILS M.TE.—OON W "/7 L on - - - - - - - - - - - - - - _F - ------- - - - T- -- 924 eF Er M2- - Na, � �9 co 111 ss 1-1 T° III V J—.— I J",_0 00i 76 - ILS M.TE.—OON W "/7 L on - - - - - - - - - - - - - - _F - ------- - - - T- -- M2- - co 111 ss 1-1 T° III V J—.— I J",_0 00i 76 - W ---Northwest Corner of Lot 6 r- IF - I \/ I V I v 1/ I I L_ Southwest Corner of Lot 6�\ I , ' V lit li \A l 1. I I A I /1 \/ /1 A I I Y l/ /\ I 1 1 / I L_ \/ I \/ I Y i North Line of Lot 6 — 1 N /--Line Parralel to the i north line of Lot 6 MMMANNOMMMMM CB C=214.14 r� I I r I l ✓� /y r /, ✓� L 1 I L /\ I A/ I/ I/I/ I I \/ L_ L_ \/ V V J7_ Northeast Corner of I of 6 A=4013'38" 214.19 r ✓ r lel r, r, I -r I -r j— 0 O r1 I O I r it iv it L N C 0-0 0 c o a) J E w 7 O C O a� E C: rn � 0 0 UJ LL BENNETTS WOODS KNOW ALL PERSONS BY THESE PRESENTS: That Terra Development LLC, fee owner of the following described property situated in the State of Minnesota, County of Hennepin, to wit: That part of Lot Six (6), Block Ten (10), Townsite of Langdon Park described as follows: Commencing at a point on the West line of said Lot Six (6) distant One Hundred Fifty (150) feet North of the Southwest corner thereof; thence at right angles East Fifty (50) feet; thence at right angles South One Hundred Forty-six and Six Tenths (146.6) feet more or less to the Southerly line of said Lot Six (6); thence Easterly along said Southerly line of Lot Six (6) Two Hundred Fourteen (214) feet more or less to the Southeast corner of said Lot Six (6); thence North to the Northeast corner of said Lot Six (6); thence West along the North line of said Lot Six (6) One Hundred Twenty four (124) feet more or less to a point One Hundred Forty (140) feet East of the Northwest corner of said Lot Six (6); thence South parallel with the West line of Lot Six (6) Two Hundred Fifty (250) feet; thence West parallel with the North line of Lot Six (6), One Hundred Forty (140) feet; thence South One Hundred Twenty (120) feet more or less to beginning, according to the plat thereof on file and of record in the office of the Register of Deeds in and for Hennepin County, Minnesota. Including adjoining Northern Avenue vacated and subject to the easements described in Book 1472 of Deeds Page 21., Hennepin County, Minnesota. Have caused the same to be surveyed and platted as BENNETTS WOODS and do hereby dedicate to the public for public use, the public ways and the easements for drainage and utility purposes as shown on this plat. In witness whereof said Terra Development LLC, has caused these presents to be signed by its proper officers this Signed: Terra Development LLC By: Its: Member STATE OF MINNESOTA, COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me this day of 2018, By: David Knaeble Its: Member Notary Public, Hennepin County, Minnesota Notary Printed Name day of My Commission Expires: 2018. SURVEYORS CERTIFICATE I Rory L. Sysntelien do hereby certify that this plat was prepared by me or under my direct supervision; that I am a duly Licensed Land Surveyor in the State of Minnesota; that this plat is a correct representation of the boundary survey; that all mathematical data and labels are correctly designated on the plat; that all monuments depicted on the plat have been or will be set within one year; that all water boundaries and wet lands, as defined in Minnesota Statutes, Section 505.01, Subd. 3, as of the date of this certificate are shown and labeled on this plat; and all public ways are shown and labeled on this plat. Dated this day of , 2018. Rory L. Synstelien, Licensed Land Surveyor Minnesota License No. 44565 STATE OF MINNESOTA, COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me this day of Notary Public, Hennepin County, Minnesota Notary Printed Name ORONO, MINNESOTA 2018, by Rory L. Synstelien My Commission Expires: This plat of BENNETTS WOODS was approved and accepted by the City Council of Orona, Minnesota at a regular meeting held this day of , 2018. If applicable, the written comments and recommendations of the Commissioner of Transportation and the County Highway Engineer have been received by the City or the prescribed 30 day period has elapsed without receipt of such comments and recommendations, as provided by Minnesota Statutes, Section 505.03, Subdivision 2. City Council of Orono, Minnesota By: Mayor By: Clerk j RESIDENT AND REAL ESTATE SERVICES, Hennepin County, Minnesota I hereby certify that taxes payable in 2018 and prior years have been paid for land described on this plat. Dated this day of 2018. j Mark V. Chapin, Hennepin County Auditor By: Deputy SURVEY DIVISION, Hennepin County, Minnesota Pursuant to Minnesota Statutes Section 383B.565 (1969), this plat has been approved this Chris F. Mavis, Hennepin County Surveyor By: COUNTY RECORDER, Hennepin County, Minnesota I hereby certify that the within plat of BENNETTS WOODS was recorded in this office this Martin McCormick, County Recorder By: , Deputy 30 15 0 15 30 60 SCALE IN FEET Bearings are based on the Hennepin County Coordinate System • Found Iron Monument 0 1/2 inch by 14 Iron Monument Set Marked "RLS 44565" O Judicial Land Mark (d) Deed Dimension (m) Measured Dimension day of , 2018. day of , 2018, at o'clock—. M. DRAINAGE AND UTILITY EASEMENTS ARE SHOWN THUS: 5 5 ---o�-----� �-- of NOT TO SCALE Being 5 feet in width when adjoining side and rear lot lines, unless otherwise indicated, and 10 feet in width when adjoining right of way lines unless otherwise indicated, as shown on the plat. PROPERTY OWNER/DEVELOPER: DAVID KNAEBLE 227 SUNNYRIDGE LANE GOLDEN VALLEY, MN 55422 763-234-7523 DJKNAEBLE@GMAIL.COM ENGINEER / LANDSCAPE ARCHITECT: CIVIL SITE GROUP 4931 W 35TH STREET SUITE 200 ST LOUIS PARK, MN 55416 612-615-0060 ENNETTS WOODS ORONO, MINNESOTA ISSUED FOR: FINAL PLAT SUBMITTAL LAKE MINNETONKA MASTER LEGEND: --- - 1125 -------- EX. V CONTOUR ELEVATION INTERVAL s, Togo Rd Togo Rd _ _ Tagg Rd �4 j o® Kingdom Hall of �a1.26 SPOT GRADE ELEVATION (GUTTERTLOW LINE Jehovah's Witnesses ; 1 SPOT GRADE ELEVATION TOP OF CURB (GUTTER TOP) 1 1 1 S 891.00 BS/TS SPOT GRADE ELEVATION BOTTOM OF WALL —� DRAINAGE ARROW ST LOUIS PARK, MN 55416 i../ 612-615-0060 PROPOSED SANITARY SEWER 1 1 STABILIZED CONSTRUCTION ENTRANCE 1 1 I 1 SOIL BORING LOCATION Northern Aue EXISTING STORM SEWER rn, Uaketa.RaVFTrsil'�— tybTltil% Are _= _ 612-979-3542 'Dak0t6Rall--Trell D6klota'RaEP-Trail- Oiern Ave �_pakD is �i}1Tai1------ - .i'y.>.tal FI Crystal PI LivingsWfl Ave —E—E— rry a rn a -= Livngst n Ave a EXISTING MANHOLE q EXISTING STOPBOX,F EXISTING LIGHT ❑ EXISTING CATCH BASIN r SITE LOCATION SITE LOCATION MAP W EXISTING HYDRANT X EXISTING ELECTRIC BOX MASTER LEGEND: --- - 1125 -------- EX. V CONTOUR ELEVATION INTERVAL X 1137.12 EXISTING SPOT GRADE ELEVATION 1137 1.0' CONTOUR ELEVATION INTERVAL �a1.26 SPOT GRADE ELEVATION (GUTTERTLOW LINE UNLESS OTHERWISE NOTED) 89t00 G SPOT GRADE ELEVATION TOP OF CURB (GUTTER TOP) 891.00 TC SPOT GRADE ELEVATION TOP OF WALL 891.00 BS/TS SPOT GRADE ELEVATION BOTTOM OF WALL —� DRAINAGE ARROW pyk. Crystal Livingston Ave GOPHER STATE ONE CALL WWW.GOPHERSTATEONECALL.ORG (800) 252-1166 TOLL FREE (651) 454-0002 LOCAL SHEET INDEX SHEET NUMBER I SHEET TITLE 1 COAEXISTING SURVEY 6 0.2 EXISTING CONDITIONS PLAN C2.0 SITE AND GRADING PLAN C3.0 UTILITY PLAN C4.0 I TREE PRESERVATION PLAN SW1.0 SWPPP - EXISTING CONDITIONS SW1.1 SWPPP - PROPOSED CONDITIONS SW1.2 SWPPP- DETAILS SW1.3 SWPPP- NARRATIVE a a OO M p OMi EngineedngSurveying' Landscape Archite- 4931 W. 35th Street, Suite 200 St, Louis Park, MN 55416 civ iisiteg"P.cam 612-615-0060 0 0 0 w J O m z W U) O Z F— °a Y F— X Lu 0 Z O D H U W C3 a I HEREBY CERTIFY THAT THIS PLAN, SPECIFICATION, OR REPORT WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND THAT I AM A DULY LICENSED PROFESSIONAL ENGINEER UNDER THE LAWS OF THE STATE OF MINNESOTA. yn �� ) k -JL David J. Knaeble OATS 3/26/18 LICENSE NO. 48776 ISSUE/SUBMITTAL SUMMARY REVISION SUMMARY DATE DESCRIPTION TITLE SHEET C0.0 PROPOSED MANHOLE STORM SURVEYOR: PROPOSED CATCH BASIN OR CATCH BASIN MANHOLE EMERGENCY OVERFLOW H EOF=1135.52 CIVIL SITE GROUP PROPOSED FIRE HYDRANT 4931 W 35TH STREET .................... SILT FENCE/BIOROLL- GRADING LIMIT SUITE 200 /••7 ■ ■ INLET PROTECTION ST LOUIS PARK, MN 55416 i../ 612-615-0060 PROPOSED SANITARY SEWER GEOTECHNICAL ENGINEER: PROPOSED STORM SEWER STABILIZED CONSTRUCTION ENTRANCE HAUGO GEOTECHNICAL SERVICES, INC. 2825 CEDAR AVENUE SOUTH hS SOIL BORING LOCATION MINNEAPOLIS, MN 55407 EXISTING STORM SEWER 612-979-3542 EXISTING WATER MAIN CURB AND GUTTER (T.O=TIP OUT) pyk. Crystal Livingston Ave GOPHER STATE ONE CALL WWW.GOPHERSTATEONECALL.ORG (800) 252-1166 TOLL FREE (651) 454-0002 LOCAL SHEET INDEX SHEET NUMBER I SHEET TITLE 1 COAEXISTING SURVEY 6 0.2 EXISTING CONDITIONS PLAN C2.0 SITE AND GRADING PLAN C3.0 UTILITY PLAN C4.0 I TREE PRESERVATION PLAN SW1.0 SWPPP - EXISTING CONDITIONS SW1.1 SWPPP - PROPOSED CONDITIONS SW1.2 SWPPP- DETAILS SW1.3 SWPPP- NARRATIVE a a OO M p OMi EngineedngSurveying' Landscape Archite- 4931 W. 35th Street, Suite 200 St, Louis Park, MN 55416 civ iisiteg"P.cam 612-615-0060 0 0 0 w J O m z W U) O Z F— °a Y F— X Lu 0 Z O D H U W C3 a I HEREBY CERTIFY THAT THIS PLAN, SPECIFICATION, OR REPORT WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND THAT I AM A DULY LICENSED PROFESSIONAL ENGINEER UNDER THE LAWS OF THE STATE OF MINNESOTA. yn �� ) k -JL David J. Knaeble OATS 3/26/18 LICENSE NO. 48776 ISSUE/SUBMITTAL SUMMARY REVISION SUMMARY DATE DESCRIPTION TITLE SHEET C0.0 PROPOSED MANHOLE STORM PROPOSED CATCH BASIN OR CATCH BASIN MANHOLE STORM H PROPOSED GATE VALVE PROPOSED FIRE HYDRANT PROPOSED MANHOLE SANITARY �— PROPOSED SIGN 0- PROPOSED LIGHT PROPOSED SANITARY SEWER PROPOSED STORM SEWER PROPOSED WATER MAIN EXISTING SANITARY SEWER . > EXISTING STORM SEWER EXISTING WATER MAIN - EXISTING GAS MAIN —E—E— EXISTING UNDERGROUND ELECTRIC -= EXISTING UNDERGROUND CABLE EXISTING MANHOLE q EXISTING STOPBOX,F EXISTING LIGHT ❑ EXISTING CATCH BASIN H EXISTING GATE VALVE O EXISTING GAS METER W EXISTING HYDRANT X EXISTING ELECTRIC BOX 0 EXISTING GAS VALVE pyk. Crystal Livingston Ave GOPHER STATE ONE CALL WWW.GOPHERSTATEONECALL.ORG (800) 252-1166 TOLL FREE (651) 454-0002 LOCAL SHEET INDEX SHEET NUMBER I SHEET TITLE 1 COAEXISTING SURVEY 6 0.2 EXISTING CONDITIONS PLAN C2.0 SITE AND GRADING PLAN C3.0 UTILITY PLAN C4.0 I TREE PRESERVATION PLAN SW1.0 SWPPP - EXISTING CONDITIONS SW1.1 SWPPP - PROPOSED CONDITIONS SW1.2 SWPPP- DETAILS SW1.3 SWPPP- NARRATIVE a a OO M p OMi EngineedngSurveying' Landscape Archite- 4931 W. 35th Street, Suite 200 St, Louis Park, MN 55416 civ iisiteg"P.cam 612-615-0060 0 0 0 w J O m z W U) O Z F— °a Y F— X Lu 0 Z O D H U W C3 a I HEREBY CERTIFY THAT THIS PLAN, SPECIFICATION, OR REPORT WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND THAT I AM A DULY LICENSED PROFESSIONAL ENGINEER UNDER THE LAWS OF THE STATE OF MINNESOTA. yn �� ) k -JL David J. Knaeble OATS 3/26/18 LICENSE NO. 48776 ISSUE/SUBMITTAL SUMMARY REVISION SUMMARY DATE DESCRIPTION TITLE SHEET C0.0 W �D Q r_� aGi 1:24 F�rl azo �O Q4 E- W E, r , �wyW W w z �Oz �D WE- f= E- E- �Ir 1 CIO / E"IPr4/ S 00°02 30" j E Q ( J z � i✓ U M o W�D `T CoLo / E- W y I H ��✓y—a' OC) W 0 m • na.o , a w Z 7z d ' r ll W _00- O x Z / gm// IIII z�H I / a - 17-�n7 .1� ��---315' 10" PVC SANITARY M II I I I m • na.o , a w Z IM I` J i N 12 A .: / gm// IIII <' I I I I I / 1 - - - - s H II I WaZ 15 i 10 I i I I I �! 00002' 30" W \\- 1 REVISION SUMMARY DATE DESCRIPTION EXISTING SURVEY J z Z O z Q 572.441 �� I .......L.......1..-...1. 20' SANITAWY SEWER EASEMENT' / 250.00 O a d -- w - - 0 N 0) \\ OD H tt W I M II — 11 ✓_' Wy E- E- �\ N 1 , a I IM I` J i / .: / gm// IIII <' I I I I I / 1 I I I I 1 II I H II I WaZ I1�,IIIIx� I �..........4s.o-�......yl i I,.••I I I I I II I II o� I I I I I I I I 100 1 I II I, o•- t o -o N m 0 � C O o REVISION SUMMARY DATE DESCRIPTION EXISTING SURVEY J z Z O z Q 572.441 �� I .......L.......1..-...1. 20' SANITAWY SEWER EASEMENT' / 250.00 O a d -- w - - 0 N 0) \\ OD o ---#-- 150.0 -. ---------- - - 1 w o� rk N 00'02`-30" W 117.04 00 30 / yJ No . •5 �o 30 / �o a 0 � z4 I 100 / / I \ II H tt W I M II — 11 ✓_' Wy E- E- �\ N 1 , a IM I` J i I .: / gm// IIII <' I I I I ' I t e •- I F� 1 I I I I 1 II I H II I WaZ I1�,IIIIx� I �..........4s.o-�......yl i I,.••I I I I I II I II o� I I I I I I I I 100 1 I II I, o•- t o -o N m 0 � C O o I --I ai Q O ai J AD o o O OAU �J+I C O C W Z .71 �C) i J m o amimia V1 � ftl o� m m O.0 Op" J o I N C g� E m m A Q Z o o f mJo D o E N v W a o m c a oU.mc m wOt a;'o'm /y W m+ -o'6 Ns ,� W Z cr 3 :LO m o o= m C ��36:5 M O Z z TOL- Co NN,i- m m z W if] O mom' >v0+.- O N �' ° o Oct eai m C.ap. 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O m.+O mm Qm t° L c O> ° m - J Q c N O E oc E > m o`o> Uo� mdm... t m Com' O p m v C m o oa O" E [- Oct E U N �•�N 'm w CZ N 3,-�0.v 3 m o o a o o N U c rn m c 'O F-Q� o V o.0 o c c 0 C m o W O m„s m -o c c `o-° c O opao U` -"s..-- '.O - O. O O o"� c U p N 3 Z pi EO - o co ., o o -o c m o m W y m m - o- i J O y.,, J Zo U ^ m o O U E o m W oo7 to O o.3" o m a- .0 o m o- u O_ p -r: s _ o o 0 c O O fn - m 0 Li 'O�J �C o 0 Dim a O m.x -o w o.5 i= .- X C m 3 o 7 o c cL i,- C O_ - Z N O O T O U L0 O O N m -O O C O Q N -r+ U wow' UL O++mp m m C O m O -O� C Ri ��m. _.✓ o .. .. .. >.-Do )Lr O�p -.s-. ti 3 o,c m� Z Q O-� �O cY m m._ U C O � oZ °a•, o=m° m C O m axiom U2 TO EJ w o y o m N U C s OJT c UTO °c E� wa°o d E V1 ya o= U - �c o � t o 9 3 0 U Q v M N II Z W Ld w Q w U p Q Q U U of Q Q N O r U II N � U I Qa_LLj it II a' UQ Q w Of Z U Q Q ¢ J Z w r z U W Q o UN 0 v / O N / Z O x = w I \ Na \ X � \ W \ PZ X =10 " EX. ROW // W 0 7 --------, /CNXI C 00 Ni ' A / / "I N SEWER `T — -----------r--- ------_ ��---���-------------------�—�—moi f -----_----------//\F +-- t—/-.—�_��1-/.T�1-I-II , A\ x �v -i- loll --- - - - - - - x�Iv I\\v \vol�v �\\ x ----- \ 1"E r 250.00 �v I I� 1 mx / v: vA ,� v� x w � O n / Z 0 INV - 10 ( 932.9- a O X = ___ W \` -------------- ------------ m . I \ J i z \ \ S00°13'31"E 116.69 \\ \I / 1so _0 I i � I j I I \ I \ I EXISTING HARDCOVER INFO: HOUSE: 1110 SF GARAGE: 589 SF SHED: 89 SF DRIVEWAY: 3110 SF SIDEWALK: 160 SF TOTAL: 5058 SF Com, G3 OO NJ p CWi EngineedngSurveying' Landscape Archite , 4931 W. 35th Street, Suite 200 St, Louis Park, MN 55416 siteg"P.cOm 612-615-0060 0 0 w J Om Z w (A o z F_ °a Y F- x Lu 0 Zr I HEREBY CERTIFY THAT THIS PLAN, SPECIFICATION, OR REPORT WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND THAT I AM A DULY LICENSED PROFESSIONAL ENGINEER UNDER THE LAWS OF THE STATE OF MINNIE OTA. �� 91"A.""— yn David J. Knaeble OATS 3/26/18 LICENSE NO. 48776 ISSUE/SUBMITTAL SUMMARY O z I I REVISION SUMMARY Z o N ? a O W DATE DESCRIPTION W m Z QOf I to X 0 W EXISTING CONDITIONS I I GOPHER STATE ONE CALL PLAN I I W .GOPHEONECALL (800)252.1166 TOLL FREE (651) 4540002 LOCAL I I 151-0* 0 30'-0" C0.2 000PYRIGHT A17 CIVIL SITE G�� >�x ( `� \ I I Fy M 12 L5 / 0°13,31"E 22.1 I n /-/ ea , 17'7 O 1 0 \ \ \ \ J i z \ \ S00°13'31"E 116.69 \\ \I / 1so _0 I i � I j I I \ I \ I EXISTING HARDCOVER INFO: HOUSE: 1110 SF GARAGE: 589 SF SHED: 89 SF DRIVEWAY: 3110 SF SIDEWALK: 160 SF TOTAL: 5058 SF Com, G3 OO NJ p CWi EngineedngSurveying' Landscape Archite , 4931 W. 35th Street, Suite 200 St, Louis Park, MN 55416 siteg"P.cOm 612-615-0060 0 0 w J Om Z w (A o z F_ °a Y F- x Lu 0 Zr I HEREBY CERTIFY THAT THIS PLAN, SPECIFICATION, OR REPORT WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND THAT I AM A DULY LICENSED PROFESSIONAL ENGINEER UNDER THE LAWS OF THE STATE OF MINNIE OTA. �� 91"A.""— yn David J. Knaeble OATS 3/26/18 LICENSE NO. 48776 ISSUE/SUBMITTAL SUMMARY O z I I REVISION SUMMARY Z o N ? a O W DATE DESCRIPTION W m Z QOf I to X 0 W EXISTING CONDITIONS I I GOPHER STATE ONE CALL PLAN I I W .GOPHEONECALL (800)252.1166 TOLL FREE (651) 4540002 LOCAL I I 151-0* 0 30'-0" C0.2 000PYRIGHT A17 CIVIL SITE G�� NNG DING 555 TOGO ROAD_ EXISTING HOUSE #3645 I I ' � ISTING I\HOUSE #3637 , I / I 1 i I 1 I I II I I I II I j WETLA0 BUFFER SIGN, COORDINATE TYPE AND 1 LOCATION WI WATERSHED II PRIOR TO CONSTRUCTION, TYP. j I P32y j E11 RY 100 LF OR WHERE BUFFE CROSSES PROPERTY PS I LWE. I 4'05" 140.00 140. \ l \ �V A, S89°34'b5"W 124.00 TOGO LF II 20' ROW DEDICATION-` , \124.00' � -1 — 1 10'D 8 U EASE. I \ I I I I I ^ I \ \ o EXISTING HOUSE #3601 ,V rn \ x 8 I 3y Cp 1 3 I LOT 1, BLK 1 \ 22,506 SF -TOTAL ^ 1 22,506 SF -DRY 30' RSB L --- — — L-- vV A ( A 1 _ _ 124.00' I I I 6L86' 4a I \ OO / 'z o i //r - - - - ,WETLAND BUFFER INFO / i L 30' AVG. BUFFER AREA=14,952 SF PROP. BUFFER AREA =15,301SF 0 0 2 EXISTING WETLAND -L-1V `l' LDT 2, BLK, MANAGE 2 - %' 10.0 1h 40,960SF-TOTAL (30' BUFFER `3 AVG.) / N89°46'29" 1 22,449SF-DRY a� �gs36 (7,538 SF -DRY NORTH) LOT 3, 8LK 1 x-_______ '-_� 11 T (14,911 SF -DRY SOUTH) 35,575 SF -TOTAL m� _ 23,127SF-DRY 4 ------\— _ i� —- -i , a�x9yy7 I (10,481 SF-DRYNORTH) o / i'GAAAGE 91 I �� (12,646 SF -DRY SOUTH) aiS4 I 6 Xg,�� x9y zy xyyya ~ ETLAND BUFFER , COORDINATE TYPE AND N L CATION WI WATERSHED PRIOR O CONSTRUCTION, TYR 14 1 ®RT�tERN AVENUE C , #2171 3XI TING SHED TOA , OVED OUT OF B FER I \� I 11 #21]T I / I i I d Q i x'38" LSJXISTING HOUSE #3590 i PRELIMINARY PLAT NOTES: 1. PROPOSED NAME OF SUBDIVISION: BENNETTS WOODS 2. LEGAL DESCRIPTION OF THE PROPERTY: THE FOLLOWING DESCRIBED PROPERTY IS LOCATED IN THE COUNTY OF HENNEPIN, CITY OF WAYZATA, STATE OF MINNESOTA AS FOLLOWS: THAT PART OF LOT SIX (6), BLOCK TEN (10), TOWNSITE OF LANGDON PARK DESCRIBED AS FOLLOWS: COMMENCING AT A POINT ON THE WEST LINE OF SAID LOT 6 DISTANCE 150.0 FEET NORTH OF THE SOUTHWEST CORNER THEREOF; THENCE AT RIGHT ANGLES EAST 50.0 FEET; THENCE AT RIGHT ANGLES SOUTH 146.6 FEET, MORE OF LESS TO THE SOUTHERLY LINE OF SAID LOT 6; THENCE EASTERLY ALONG SAID SOUTHERLY LINE OF LOT 6, 214.0 FEET, MORE OR LESS, TO THE SOUTHEAST CORNER OF SAID LOT 6 THENCE NORTH TO THE NORTHEAST CORNER OF SAID LOT 6; THENCE WEST ALONG THE NORTH LINE OF SAID LOT 6,124.0 FEET, MORE OR LESS, TO A POINT 140.0 FEET EAST OF THE NORTHWEST CORNER OF SAID LOT 6; THENCE SOUTH PARALLEL WITH THE WEST LINE OF LOT 6,250.0 FEET; THENCE WEST PARALLEL WITH THE NORTH LINE OF LOT 6, 140.0 FEET; THENCE SOUTH 120.0 FEET, MORE OR LESS, TO THE POINT OF BEGINNING, ACCORDING TO THE PLAT THEREOF ON FILE AND OF RECORD IN THE OFFICE OF THE REGISTER OF DEEDS IN AND FOR HENNEPIN COUNTY, MINNESOTA. INCLUDING ADJOINING NORTHERN AVENUE VACATED AND SUBJECT TO THE EASEMENTS DESCRIBED IN BOOK 1472 OF DEEDS, PAGE 21. ABSTRACT PROPERTY. 3. SITE ADDRESS: 3635 TOGO ROAD, ORONO, MN 55391 4. PROPERTY OWNER: MARY SCHOMMER, 3635 TOGO ROAD, ORONO, MIN 55391 5. SUBDIVIDER: DAVID KNAEBLE, 227 SUNNI LANE, GOLDEN VALLEY, MN 55422 6. ENGINEER: CIVIL SITE GROUP, 4931 W 35TH ST, SUITE 200, ST. LOUIS PARK, MN 55416 7. SURVEYOR: MARK GRONBERG, RLS # 12755, GRONBERG AND ASSOCIATES, INC., 445 NORTH WILLOW DRIVE, LONG LAKE, MN 55356 8. CURRENT ZONING: LR -1C, ONE -FAMILY LAKESHORE RESIDENTIAL DISTRICT 9. THE GROSS LAND AREA IS 106,256 1- SQUARE FEET OR 2.44+/ -ACRES. ZONING NOTES: CURRENTZONING: LR-lC,ONE-FAMILY LAKESHORE RESIDENTIAL DISTRICT PROPOSED ZONING: LR -1C, ONE -FAMILY LAKESHORE RESIDENTIAL DISTRICT ZONING REGULATIONS MIN. LOT AREA: 21,780 SF (0.5 ACRES) [CONTIGUOUS DRY -BUILDABLE] MIN. LOT WIDTH: 100 FEET (MEAS. AT FSB) MIN. LOT DEPTH: NA MAX. HEIGHT: 30 FEET SETBACKS: FRONT YARD: 30 FEET SIDE YARD: 10 FEET REAR YARD: 30 FEET WETLAND NOTES: MINNEHAHA CREEK WETLAND BUFFER RULES MANAGE 3 WETLAND: 20 FEET MANAGE 2 WETLAND: 30 FEET MANAGE 1 WETLAND: 40 FEET PRESERVE WETLAND: 75 FEET 'BUFFER AVERAGING IS ALLOWED CITY OF ORONO WETLAND BUFFER RULES CITY OF ORONO REQUIRES AN ADDITIONAL 10 FEET SETBACK FROM BUFFER TYPE: MANAGE 2 WETLAND PLANNED RESIDENTIAL DEVELOPMENT FLEXIBILITY REQUESTS: MINIMUM LOT AREA THE PROPOSED PLAN WILL NOT BE PROVIDING THE REQUIRED 0.5 ACRES OF CONTIGUOUS DRY - BUILDABLE AREA, BUT WILL BE PROVIDING 0.5 ACRES OF NON-CONTIGUOUS DRY -BUILDABLE AREA. FRONT SETBACK IN AN ATTEMPT TO MINIMIZE POTENTIAL TREE IMPACTS AND TO MATCH WITH SURROUNDING PROPERTIES, THIS PROJECT IS REQUESTING A REDUCTION IN THE FRONT SETBACK FROM 30 FEET TO 20 FEET. SITE PLAN LEGEND PROPERTY LINE SETBACK LINE D 8 U EASEMENT LINE — WETLAND LINE WETLAND BUFFER AREA GOPHER STATE ONE CALL VERY 100 LF OR WHERE= BUFF R CROSSES PROPE�TY (800) 252-1166 TOLL FREE 252. FREE LINE (651) 454.0002 LOCAL It 0 o nZF 15'-0® _EXISTING— - HOUSE EXISTING #3640 HOUSE #3630- VA C A�,, 14 1 ®RT�tERN AVENUE C , #2171 3XI TING SHED TOA , OVED OUT OF B FER I \� I 11 #21]T I / I i I d Q i x'38" LSJXISTING HOUSE #3590 i PRELIMINARY PLAT NOTES: 1. PROPOSED NAME OF SUBDIVISION: BENNETTS WOODS 2. LEGAL DESCRIPTION OF THE PROPERTY: THE FOLLOWING DESCRIBED PROPERTY IS LOCATED IN THE COUNTY OF HENNEPIN, CITY OF WAYZATA, STATE OF MINNESOTA AS FOLLOWS: THAT PART OF LOT SIX (6), BLOCK TEN (10), TOWNSITE OF LANGDON PARK DESCRIBED AS FOLLOWS: COMMENCING AT A POINT ON THE WEST LINE OF SAID LOT 6 DISTANCE 150.0 FEET NORTH OF THE SOUTHWEST CORNER THEREOF; THENCE AT RIGHT ANGLES EAST 50.0 FEET; THENCE AT RIGHT ANGLES SOUTH 146.6 FEET, MORE OF LESS TO THE SOUTHERLY LINE OF SAID LOT 6; THENCE EASTERLY ALONG SAID SOUTHERLY LINE OF LOT 6, 214.0 FEET, MORE OR LESS, TO THE SOUTHEAST CORNER OF SAID LOT 6 THENCE NORTH TO THE NORTHEAST CORNER OF SAID LOT 6; THENCE WEST ALONG THE NORTH LINE OF SAID LOT 6,124.0 FEET, MORE OR LESS, TO A POINT 140.0 FEET EAST OF THE NORTHWEST CORNER OF SAID LOT 6; THENCE SOUTH PARALLEL WITH THE WEST LINE OF LOT 6,250.0 FEET; THENCE WEST PARALLEL WITH THE NORTH LINE OF LOT 6, 140.0 FEET; THENCE SOUTH 120.0 FEET, MORE OR LESS, TO THE POINT OF BEGINNING, ACCORDING TO THE PLAT THEREOF ON FILE AND OF RECORD IN THE OFFICE OF THE REGISTER OF DEEDS IN AND FOR HENNEPIN COUNTY, MINNESOTA. INCLUDING ADJOINING NORTHERN AVENUE VACATED AND SUBJECT TO THE EASEMENTS DESCRIBED IN BOOK 1472 OF DEEDS, PAGE 21. ABSTRACT PROPERTY. 3. SITE ADDRESS: 3635 TOGO ROAD, ORONO, MN 55391 4. PROPERTY OWNER: MARY SCHOMMER, 3635 TOGO ROAD, ORONO, MIN 55391 5. SUBDIVIDER: DAVID KNAEBLE, 227 SUNNI LANE, GOLDEN VALLEY, MN 55422 6. ENGINEER: CIVIL SITE GROUP, 4931 W 35TH ST, SUITE 200, ST. LOUIS PARK, MN 55416 7. SURVEYOR: MARK GRONBERG, RLS # 12755, GRONBERG AND ASSOCIATES, INC., 445 NORTH WILLOW DRIVE, LONG LAKE, MN 55356 8. CURRENT ZONING: LR -1C, ONE -FAMILY LAKESHORE RESIDENTIAL DISTRICT 9. THE GROSS LAND AREA IS 106,256 1- SQUARE FEET OR 2.44+/ -ACRES. ZONING NOTES: CURRENTZONING: LR-lC,ONE-FAMILY LAKESHORE RESIDENTIAL DISTRICT PROPOSED ZONING: LR -1C, ONE -FAMILY LAKESHORE RESIDENTIAL DISTRICT ZONING REGULATIONS MIN. LOT AREA: 21,780 SF (0.5 ACRES) [CONTIGUOUS DRY -BUILDABLE] MIN. LOT WIDTH: 100 FEET (MEAS. AT FSB) MIN. LOT DEPTH: NA MAX. HEIGHT: 30 FEET SETBACKS: FRONT YARD: 30 FEET SIDE YARD: 10 FEET REAR YARD: 30 FEET WETLAND NOTES: MINNEHAHA CREEK WETLAND BUFFER RULES MANAGE 3 WETLAND: 20 FEET MANAGE 2 WETLAND: 30 FEET MANAGE 1 WETLAND: 40 FEET PRESERVE WETLAND: 75 FEET 'BUFFER AVERAGING IS ALLOWED CITY OF ORONO WETLAND BUFFER RULES CITY OF ORONO REQUIRES AN ADDITIONAL 10 FEET SETBACK FROM BUFFER TYPE: MANAGE 2 WETLAND PLANNED RESIDENTIAL DEVELOPMENT FLEXIBILITY REQUESTS: MINIMUM LOT AREA THE PROPOSED PLAN WILL NOT BE PROVIDING THE REQUIRED 0.5 ACRES OF CONTIGUOUS DRY - BUILDABLE AREA, BUT WILL BE PROVIDING 0.5 ACRES OF NON-CONTIGUOUS DRY -BUILDABLE AREA. FRONT SETBACK IN AN ATTEMPT TO MINIMIZE POTENTIAL TREE IMPACTS AND TO MATCH WITH SURROUNDING PROPERTIES, THIS PROJECT IS REQUESTING A REDUCTION IN THE FRONT SETBACK FROM 30 FEET TO 20 FEET. SITE PLAN LEGEND PROPERTY LINE SETBACK LINE D 8 U EASEMENT LINE — WETLAND LINE WETLAND BUFFER AREA GOPHER STATE ONE CALL ONECALLORG WWW .GOPHE0) (800) 252-1166 TOLL FREE 252. FREE (651) 454.0002 LOCAL It 15'-0® Com, G3 OO NJ p CWI En9inaednBSurveying' Landscape ArchitecWre 4931 W. 35th Street, Suite 200 St, Louis Park, MN 55416 civiisitegmup.cam 612-615-0060 01 0 0 w J Z m W U) o Z F_ °a Y F- K W S a ZHr U w C3 a I HEREBY CERTIFY THAT THIS PLAN, SPECIFICATION, OR REPORT WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND THAT I AM A DULY LICENSED PROFESSIONAL ENGINEER UNDER THE LAWS OF THE STATE OF MINNESOTA. �,J- � ) _ q � David J. Knaeble GATE 3/26/18 LICENSE ND. 48776 ISSUE/SUBMITTAL SUMMARY REVISION SUMMARY DATE DESCRIPTION PRELIMINARY PLAT C1.01 ax TOGO TOGO ROAD_ _ 589°34' 5"W 124.00 \ x 1 I EOF=935. I r I I I 1 ISTING I\HOUSE #3637 , EXISTING HOUSE #3645 I 1 1 c WETLAND BUFFER SIGN, COORDINATE TYPE AND LOCATION WI WATERSHED PRIOR T [CONSTRUCTION,TYP. (I EV Ry 100 LF OR WHERE BUFFE CROSSES PROPERTY ' LINE. I I \\ , IV A EXISTING n \ \ HOUSE - to \ \ #3601 I I 1 � V 1 Jmae°° am I � a , , i a. raw+ i + +S+DAL+AME�`4N"%fARI�Ar + +I\ n �q7 eplIeo�o°n +++ + \+ + AMEND. SOIL#8832 SF+ r +++ + i+ + 77 +++ + + +\++ ++ + +++++ ++++/ ++ +++++ ..++++ _i++++ k+++++/ `T ++ + /+I++++++ +++�+1%+ /i I+ + + + ++++++ ++1 + J + Ic�an \ \ /\ ++ Os ++++ ,j + + t ++ ++ ++I \I + + 1 +I 4 + +1 ` / - + #2171 Eo 0 x9 A \ rel EXISTING WETLAND MANAGE 2 3 - bu. E e' (30' BUFFER AVG.) p Am 289°4629" 1 nm i --`- % g3� Xz3,1 EXTJMG/ moo n _ x";; I RAIN GARDEN QP GAAAGE _ I � BO N a ,b P x9.ys; BOOT 93 000 q5i` 9Jzl-1 g4° i s$ 0\ \ EOF=937.50 3'WIDEAVERF YR+ L 93 8 Y- 100 -YR HWL=937.37 xg�R ELEV.=937.0 z36- TOP OF BASIM-937.5 IN ALL RIP RAP AT OUTCE g34 ��Lt��� �-=903 CF � � CONSTRUCTION, TYP. w :RY 100 LF OR WHERE:., TO GRADE LE TO B PA9sQIN'°E11 -� - - 938,- 938.50 938.50 RP -939 50 LF -940.00 TB -949.00- 9, B 949.009 'wo - 'q38.5 X938 / /xg4b1-�Wa� ytiti 4 + 4 7 V A A EX_FES �' rr o e, '-C- B N87,'45b 38 ®RTtERN AVENUE EXISTING SHED T0,8C , REMOVED OUT OFYJIFFER I \� I � I /#2177 f� I I I / �3 kWEE OVERFLOW / EILEV.937.00 T POFB�!�IN=937.5g�� / INSTALL OUTLET d - p �/) GRADING NOTES: PROPOSED GRADES SHALL BE USED TO ESTABLISH BUILDING HEIGHT PER CITY OF ORONO ORDINANCES. NEW LOTS WILL BE CUSTOM GRADED AND CLEARED BY BUILDER. CITY OF ORONO SITE SPECIFIC NOTES: 1. WORK WITHIN PUBLIC RIGHT-OF-WAY MUST BE COORDINATED WITH THE PUBLIC WORKS DEPARTMENT. CONTRACTOR MUST PROVIDE A MINIMUM 48 HOUR NOTICE PRIOR TO ANY WORK BEING PERFORMED. 2. THE CONDITION OF NORTHERN AVENUE SHOULD BE REVIEWED BY THE CITY AND CONTRACTOR PRIOR TO ANY WORK, AND THE EXISTING CONDITION SHOULD BE DOCUMENTED WITH PICTURES. AFTER COMPLETION OF WORK, THE STREET SHOULD BE REVIEWED FOR DAMAGE, AND THE CONTRACTOR SHOULD BE REQUIRED TO REPAIR ANY DAMAGE DEEMED TO BE CAUSED BY SITE WORK. GENERAL GRADING NOTES: 1. GRADING AND EXCAVATION ACTIVITIES SHALL BE PERFORMED IN ACCORDANCE WITH PERMIT REQUIREMENTS OF THE CITY. 2. PROPOSED SPOT GRADES ARE FLOW -LINE FINISHED GRADE ELEVATIONS, UNLESS OTHERWISE NOTED. 3. GRADES OF WALKS SHALL BE INSTALLED WITH 5% MAX. LONGITUDINAL SLOPE AND 1% MIN. AND 2% MAX. CROSS SLOPE, UNLESS OTHERWISE NOTED. 4. PROPOSED SLOPES SHALL NOT EXCEED 3:1 UNLESS INDICATED OTHERWISE ON THE DRAWINGS. 5. PROPOSED RETAINING WALLS, FREESTANDING WALLS, OR COMBINATION OF WALL TYPES GREATER THAN 4' IN HEIGHT SHALL BE DESIGNED AND ENGINEERED BY A REGISTERED RETAINING WALL ENGINEER. DESIGN DRAWINGS SHALL BE SUBMITTED FOR REVIEW AND APPROVAL PRIOR TO CONSTRUCTION. 6. THE CONTRACTOR SHALL BE RESPONSIBLE FOR MAINTENANCE OF GRADE STAKES THROUGHOUT THE DURATION OF CONSTRUCTION TO ESTABLISH PROPER GRADES. THE CONTRACTOR SHALL ALSO BE RESPONSIBLE FOR A FINAL FIELD CHECK OF FINISHED GRADES ACCEPTABLE TO THE ENGINEERMNDSCAPE ARCHITECT PRIOR TO TOPSOIL AND SODDING ACTIVITIES. 7, IF EXCESS OR SHORTAGE OF SOIL MATERIAL EXISTS, THE CONTRACTOR SHALL TRANSPORT ALL EXCESS SOIL MATERIAL OFF THE SITE TO AN AREA SELECTED BY THE CONTRACTOR, OR IMPORT SUITABLE MATERIAL TO THE SITE. S. EXCAVATE TOPSOIL FROM AREAS TO BE FURTHER EXCAVATED OR REGRADED AND STOCKPILE IN AREAS DESIGNATED ON THE SITE. THE CONTRACTOR SHALL SALVAGE ENOUGH TOPSOIL FOR RESPREADING ON THE SITE AS SPECIFIED. EXCESS TOPSOIL SHALL BE PLACED IN EMBANKMENT AREAS; OUTSIDE OF BUILDING PADS, ROADWAYS AND PARKING AREAS. 9. FINISHED GRADING SHALL BE COMPLETED. THE CONTRACTOR SHALL UNIFORMLY GRADE AREAS WITHIN LIMITS OF GRADING, INCLUDING ADJACENT TRANSITION AREAS. PROVIDE A SMOOTH FINISHED SURFACE WITHIN SPECIFIED TOLERANCES, WITH UNIFORM LEVELS OR SLOPES BETWEEN POINTS WHERE ELEVATIONS ARE SHOWN, OR BETWEEN SUCH POINTS AND EXISTING GRADES. AREAS THAT HAVE BEEN FINISH GRADED SHALL BE PROTECTED FROM SUBSEQUENT CONSTRUCTION OPERATIONS, TRAFFIC AND EROSION. REPAIR ALL AREAS THAT HAVE BECOME RUTTED BY TRAFFIC OR ERODED BY WATER OR HAS SETTLED BELOW THE CORRECT GRADE. ALL AREAS DISTURBED BY THE CONTRACTOR'S OPERATIONS SHALL BE RESTORED TO EQUAL OR BETTER THAN ORIGINAL CONDITION OR TO THE REQUIREMENTS OF THE NEW WORK. 10. MAINTENANCE 10.1. THE CONTRACTOR SHALL PROTECT NEWLY GRADED AREAS FROM TRAFFIC AND EROSION, AND KEEP AREA FREE OF TRASH AND DEBRIS. 10.2. CONTRACTOR SHALL REPAIR AND REESTABLISH GRADES IN SETTLED, ERODED AND RUTTED AREAS TO SPECIFIED TOLERANCES. DURING THE CONSTRUCTION, IF REQUIRED, AND DURING THE WARRANTY PERIOD, ERODED AREAS WHERE TURF IS TO BE ESTABLISHED SHALL BE RESEEDED AND MULCHED. 10.3. WHERE COMPLETED COMPACTED AREAS ARE DISTURBED BY SUBSEQUENT CONSTRUCTION OPERATIONS OR ADVERSE WEATHER, CONTRACTOR SHALL SCARIFY, SURFACE, RESHAPE, AND COMPACT TO REQUIRED DENSITY PRIOR TO FURTHER CONSTRUCTION. SITE LAYOUT NOTES: 1. CONTRACTOR SHALL VERIFY LOCATIONS AND LAYOUT OF ALL SITE ELEMENTS PRIOR TO BEGINNING CONSTRUCTION, INCLUDING BUT NOT LIMITED TO, LOCATIONS OF EXISTING AND PROPOSED PROPERTY LINES, EASEMENTS, SETBACKS, UTILITIES, BUILDINGS AND PAVEMENTS. CONTRACTOR IS RESPONSIBLE FOR FINAL LOCATIONS OF ALL ELEMENTS FOR THE SITE. ANY REVISIONS REQUIRED AFTER COMMENCEMENT OF CONSTRUCTION, DUE TO LOCATIONAL ADJUSTMENTS SHALL BE CORRECTED AT NO ADDITIONAL COST TO OWNER. ADJUSTMENTS TO THE LAYOUT SHALL BE APPROVED BY THE ENGINEERILANDSCAPE ARCHITECT PRIOR TO INSTALLATION OF MATERIALS. STAKE LAYOUT FOR APPROVAL. 2. THE CONTRACTOR SHALL OBTAIN ALL NECESSARY PERMITS PRIOR TO CONSTRUCTION. 3. CONTRACTOR SHALL FIELD VERIFY COORDINATES AND LOCATION DIMENSIONS OF THE BUILDING AND STAKE FOR REVIEW AND APPROVAL BY THE OWNERS REPRESENTATIVE PRIOR TO INSTALLATION OF FOOTING MATERIALS. 4. CONTRACTOR SHALL REFER TO FINAL PLAT FOR LOT BOUNDARIES, NUMBERS, AREAS AND DIMENSIONS PRIOR TO SITE IMPROVEMENTS. 5. FIELD VERIFY ALL EXISTING SITE CONDITIONS, DIMENSIONS. SITE AND GRADING PLAN LEGEND: - - PROPERTY LINE SETBACK LINE D 8 U EASEMENT LINE WETLAND LINE WETLAND BUFFER AREA -------- 1125 -------- EX. 1' CONTOUR ELEVATION INTERVAL 1137 1.0' CONTOUR ELEVATION INTERVAL '-41:26 SPOT GRADE ELEVATION (GUTTER/FLOW LINE UNLESS OTHERWISE NOTED) 891.00 G SPOT GRADE ELEVATION GUTTER 891.00 TC SPOT GRADE ELEVATION TOP OF CURB 891.00 BS/TS SPOT GRADE ELEVATION BOTTOM OF STAIRS/TOP OF STAIRS CURB AND GUTTER (TO = TIP OUT) -------------------0 EMERGENCY OVERFLOW EOF=1135.52 GOPHER STATE ONE CALL WWW.GOPHERSTATEONELLN (8001252-1186 TOLL FREE 1 , (651) 454022 LOCAL 1" 15'-0® Com, G3 OO NJ p CM EngineedngSurveying' Landscape Archite- 4931 W. 35th Street, Suite 200 SL Louis Park, MN 55416 m sitegup.cOm 612-615-0060 01 0 0 w J z m �� W /�// V) 0 Z F- °a Y F- K Lu 0 Z 0 D 0 U U., K a I HEREBY CERTIFY THAT THIS PLAN, SPECIFICATION, OR REPORT WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND THAT I AM A DULY LICENSED PROFESSIONAL ENGINEER UNDER THE LAWS OF THE STATE OF MINNESOTA.. O -j Q David J. Knaeble DATE 3/26/18 LICENSE ND. 48776 ISSUE/SUBMITTAL SUMMARY REVISION SUMMARY DATE DESCRIPTION SITE AND GRADING C2.01 REAS30RAMGARD NS. FXISTING i' Fg #3590 GRADING NOTES: PROPOSED GRADES SHALL BE USED TO ESTABLISH BUILDING HEIGHT PER CITY OF ORONO ORDINANCES. NEW LOTS WILL BE CUSTOM GRADED AND CLEARED BY BUILDER. CITY OF ORONO SITE SPECIFIC NOTES: 1. WORK WITHIN PUBLIC RIGHT-OF-WAY MUST BE COORDINATED WITH THE PUBLIC WORKS DEPARTMENT. CONTRACTOR MUST PROVIDE A MINIMUM 48 HOUR NOTICE PRIOR TO ANY WORK BEING PERFORMED. 2. THE CONDITION OF NORTHERN AVENUE SHOULD BE REVIEWED BY THE CITY AND CONTRACTOR PRIOR TO ANY WORK, AND THE EXISTING CONDITION SHOULD BE DOCUMENTED WITH PICTURES. AFTER COMPLETION OF WORK, THE STREET SHOULD BE REVIEWED FOR DAMAGE, AND THE CONTRACTOR SHOULD BE REQUIRED TO REPAIR ANY DAMAGE DEEMED TO BE CAUSED BY SITE WORK. GENERAL GRADING NOTES: 1. GRADING AND EXCAVATION ACTIVITIES SHALL BE PERFORMED IN ACCORDANCE WITH PERMIT REQUIREMENTS OF THE CITY. 2. PROPOSED SPOT GRADES ARE FLOW -LINE FINISHED GRADE ELEVATIONS, UNLESS OTHERWISE NOTED. 3. GRADES OF WALKS SHALL BE INSTALLED WITH 5% MAX. LONGITUDINAL SLOPE AND 1% MIN. AND 2% MAX. CROSS SLOPE, UNLESS OTHERWISE NOTED. 4. PROPOSED SLOPES SHALL NOT EXCEED 3:1 UNLESS INDICATED OTHERWISE ON THE DRAWINGS. 5. PROPOSED RETAINING WALLS, FREESTANDING WALLS, OR COMBINATION OF WALL TYPES GREATER THAN 4' IN HEIGHT SHALL BE DESIGNED AND ENGINEERED BY A REGISTERED RETAINING WALL ENGINEER. DESIGN DRAWINGS SHALL BE SUBMITTED FOR REVIEW AND APPROVAL PRIOR TO CONSTRUCTION. 6. THE CONTRACTOR SHALL BE RESPONSIBLE FOR MAINTENANCE OF GRADE STAKES THROUGHOUT THE DURATION OF CONSTRUCTION TO ESTABLISH PROPER GRADES. THE CONTRACTOR SHALL ALSO BE RESPONSIBLE FOR A FINAL FIELD CHECK OF FINISHED GRADES ACCEPTABLE TO THE ENGINEERMNDSCAPE ARCHITECT PRIOR TO TOPSOIL AND SODDING ACTIVITIES. 7, IF EXCESS OR SHORTAGE OF SOIL MATERIAL EXISTS, THE CONTRACTOR SHALL TRANSPORT ALL EXCESS SOIL MATERIAL OFF THE SITE TO AN AREA SELECTED BY THE CONTRACTOR, OR IMPORT SUITABLE MATERIAL TO THE SITE. S. EXCAVATE TOPSOIL FROM AREAS TO BE FURTHER EXCAVATED OR REGRADED AND STOCKPILE IN AREAS DESIGNATED ON THE SITE. THE CONTRACTOR SHALL SALVAGE ENOUGH TOPSOIL FOR RESPREADING ON THE SITE AS SPECIFIED. EXCESS TOPSOIL SHALL BE PLACED IN EMBANKMENT AREAS; OUTSIDE OF BUILDING PADS, ROADWAYS AND PARKING AREAS. 9. FINISHED GRADING SHALL BE COMPLETED. THE CONTRACTOR SHALL UNIFORMLY GRADE AREAS WITHIN LIMITS OF GRADING, INCLUDING ADJACENT TRANSITION AREAS. PROVIDE A SMOOTH FINISHED SURFACE WITHIN SPECIFIED TOLERANCES, WITH UNIFORM LEVELS OR SLOPES BETWEEN POINTS WHERE ELEVATIONS ARE SHOWN, OR BETWEEN SUCH POINTS AND EXISTING GRADES. AREAS THAT HAVE BEEN FINISH GRADED SHALL BE PROTECTED FROM SUBSEQUENT CONSTRUCTION OPERATIONS, TRAFFIC AND EROSION. REPAIR ALL AREAS THAT HAVE BECOME RUTTED BY TRAFFIC OR ERODED BY WATER OR HAS SETTLED BELOW THE CORRECT GRADE. ALL AREAS DISTURBED BY THE CONTRACTOR'S OPERATIONS SHALL BE RESTORED TO EQUAL OR BETTER THAN ORIGINAL CONDITION OR TO THE REQUIREMENTS OF THE NEW WORK. 10. MAINTENANCE 10.1. THE CONTRACTOR SHALL PROTECT NEWLY GRADED AREAS FROM TRAFFIC AND EROSION, AND KEEP AREA FREE OF TRASH AND DEBRIS. 10.2. CONTRACTOR SHALL REPAIR AND REESTABLISH GRADES IN SETTLED, ERODED AND RUTTED AREAS TO SPECIFIED TOLERANCES. DURING THE CONSTRUCTION, IF REQUIRED, AND DURING THE WARRANTY PERIOD, ERODED AREAS WHERE TURF IS TO BE ESTABLISHED SHALL BE RESEEDED AND MULCHED. 10.3. WHERE COMPLETED COMPACTED AREAS ARE DISTURBED BY SUBSEQUENT CONSTRUCTION OPERATIONS OR ADVERSE WEATHER, CONTRACTOR SHALL SCARIFY, SURFACE, RESHAPE, AND COMPACT TO REQUIRED DENSITY PRIOR TO FURTHER CONSTRUCTION. SITE LAYOUT NOTES: 1. CONTRACTOR SHALL VERIFY LOCATIONS AND LAYOUT OF ALL SITE ELEMENTS PRIOR TO BEGINNING CONSTRUCTION, INCLUDING BUT NOT LIMITED TO, LOCATIONS OF EXISTING AND PROPOSED PROPERTY LINES, EASEMENTS, SETBACKS, UTILITIES, BUILDINGS AND PAVEMENTS. CONTRACTOR IS RESPONSIBLE FOR FINAL LOCATIONS OF ALL ELEMENTS FOR THE SITE. ANY REVISIONS REQUIRED AFTER COMMENCEMENT OF CONSTRUCTION, DUE TO LOCATIONAL ADJUSTMENTS SHALL BE CORRECTED AT NO ADDITIONAL COST TO OWNER. ADJUSTMENTS TO THE LAYOUT SHALL BE APPROVED BY THE ENGINEERILANDSCAPE ARCHITECT PRIOR TO INSTALLATION OF MATERIALS. STAKE LAYOUT FOR APPROVAL. 2. THE CONTRACTOR SHALL OBTAIN ALL NECESSARY PERMITS PRIOR TO CONSTRUCTION. 3. CONTRACTOR SHALL FIELD VERIFY COORDINATES AND LOCATION DIMENSIONS OF THE BUILDING AND STAKE FOR REVIEW AND APPROVAL BY THE OWNERS REPRESENTATIVE PRIOR TO INSTALLATION OF FOOTING MATERIALS. 4. CONTRACTOR SHALL REFER TO FINAL PLAT FOR LOT BOUNDARIES, NUMBERS, AREAS AND DIMENSIONS PRIOR TO SITE IMPROVEMENTS. 5. FIELD VERIFY ALL EXISTING SITE CONDITIONS, DIMENSIONS. SITE AND GRADING PLAN LEGEND: - - PROPERTY LINE SETBACK LINE D 8 U EASEMENT LINE WETLAND LINE WETLAND BUFFER AREA -------- 1125 -------- EX. 1' CONTOUR ELEVATION INTERVAL 1137 1.0' CONTOUR ELEVATION INTERVAL '-41:26 SPOT GRADE ELEVATION (GUTTER/FLOW LINE UNLESS OTHERWISE NOTED) 891.00 G SPOT GRADE ELEVATION GUTTER 891.00 TC SPOT GRADE ELEVATION TOP OF CURB 891.00 BS/TS SPOT GRADE ELEVATION BOTTOM OF STAIRS/TOP OF STAIRS CURB AND GUTTER (TO = TIP OUT) -------------------0 EMERGENCY OVERFLOW EOF=1135.52 GOPHER STATE ONE CALL WWW.GOPHERSTATEONELLN (8001252-1186 TOLL FREE 1 , (651) 454022 LOCAL 1" 15'-0® Com, G3 OO NJ p CM EngineedngSurveying' Landscape Archite- 4931 W. 35th Street, Suite 200 SL Louis Park, MN 55416 m sitegup.cOm 612-615-0060 01 0 0 w J z m �� W /�// V) 0 Z F- °a Y F- K Lu 0 Z 0 D 0 U U., K a I HEREBY CERTIFY THAT THIS PLAN, SPECIFICATION, OR REPORT WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND THAT I AM A DULY LICENSED PROFESSIONAL ENGINEER UNDER THE LAWS OF THE STATE OF MINNESOTA.. O -j Q David J. Knaeble DATE 3/26/18 LICENSE ND. 48776 ISSUE/SUBMITTAL SUMMARY REVISION SUMMARY DATE DESCRIPTION SITE AND GRADING C2.01 TOGO ROAD_ _ 589°3445"W TOGO 124.00 \ x ox \ I I I I I EU ISTING I HOUSE IV EXISTING ,\I #3637-- I\ I ��` HOUSE #3601 EXISTING HOUSE \ I #3645 FINS DING 555 w \ \ \ 1 i I / � I -- I I I I T A I II II mv= "!i EXISIfI G WETLAND 932.e I U LET'c832.901 / I I � I I I I� 589° I 0 4'05" Y4�.00 / � I � �� A I � I I _ , � I IE=934.50 TYP. #2171 ►1 / ,WETLAND BUFFER INFO 9 �� Z:ONNECT TQC zq,ERVICES�U$ _�NELDYE-FBS LOCATION x930. b/ 30, AVG. BUFFER AREA=14,952 SF PROP. BUFFER AREA =15,301 SF / T L 0 v `\ >> AS T _ X� �� __ ________ ________ _a_____ r _ \ X933. 2 /EXISTING WETLAND / ���-- /, DAYLIGHT DRAIN TILE IE=934.10 M /�A N /1A GE 2 ` 3� INSTALL CO NCRETE x301 ^� \% j wF HEADWALL AND ` BUFFER AVG.) N89 °46'29" / I RODENT SCREEN. DO I ra 1 NOT DAYLIGHT DRAIN I `y n / — g336 TILE IN WETLAND. I �� j EpSTwG PV' CONNECT TO o EXI TING SANITARY �4 FIELD VERIFY LOCATION EXIST #3640 8g363( CON EGTTO EX STIN A A FR FI V R L CATION x931 \ #2177 " PV(%PERF. DRAIN xg^bT I W/ROCK BED j ^ 0.50% I C111/1 xa3" LEANOUT / —JERN AVS G g� JLC FILT. 2P 7- CATCH BASIN IE=934.50 TYP. MANHOLE ►1 ONNEO� /I -, T61ING $}�NITAR,/ moi/ 9 �� Z:ONNECT TQC zq,ERVICES�U$ _�NELDYE-FBS LOCATION x930. VIC SZU�,. WATER MAIN ELD�7ERIF9`�� / LOCATION EXISTING HOUSE >> #3590 FES AND RIP RAP __ ________ ________ _a_____ r _ UTILITY LEGEND: GOPHER STATE ONE CALL CATCH BASIN GIRG WWW .00P(NO) MANHOLE ►1 GATE VALVE AND VALVE BOX -�- PROPOSED FIRE HYDRANT WATER MAIN SANITARY SEWER >> STORM SEWER FES AND RIP RAP GOPHER STATE ONE CALL GIRG WWW .00P(NO) 25-11667 L FREE (600) 252-1166 TOLL FREE (651) 4540002 LOCAL 15'-0® Com, G3 OO NJ p CN EngineedngSurveying' Landscape Architep 4931 W. 35th Street, Suite 200 St, Louis Park, MN 55416 m sitegup.cOm 612-615-0060 01 0 0 w J z m W U) o Z °a Y F- x Lu 0 ZH U w K a I HEREBY CERTIFY THAT THIS PLAN, SPECIFICATION, OR REPORT WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND THAT I AM A DULY LICENSED PROFESSIONAL ENGINEER UNDER THE LAWS OF THE STATE OF �MINNES�OT��A..,� Q w J- 9 rv""`.."" David J. Knaeble GATE 3/26/18 LICENSE ND. 48776 ISSUE/SUBMITTAL SUMMARY REVISION SUMMARY DATE DESCRIPTION UTILITY PLAN C3.01 PING DING 555 1 TO—GOR OAD EXISTING HOUSE #3645 /i / I I / I I / � I / 1 / / 1 / / � w / I o / / N89°46'29" 1 I 1 I _��— E�tS TjhfG GARAGE 93 ROPOSED TREE, FINAL L0 ,ATIOfy� T DETERMINED I4Y HOME BUILDER, TYP. I _ j I FISTING HOUSE #3637— '34-5"W 124.00 TOGO x P` -)A\ 2 PROPOSED TRT, FINAL LOCATION TOB 38�`•� '^ DETERMINED 8 HOME BUILDER, TYP. EXISTING \ HOUSE .A, A1h \\ \\ #3601 I \ / I — I I I I 1a III / Red o0 Al 00S 1 #2171 x WETLAND BUFFER INFO 30' AVG. BUFFER AREA =14,952 SF L / PROP. BUFFER AREA = 15,301 SF 2� EXISTING WETLAND Iaa, MANAGE 2 3 (30' BUFFER AVG.) I 1 J r o � EXISTNG— HOUSErge- #3640 HOUSE I a0 4a3 y (14 3, ®RTHERN AVENUE I #2177 i I I L__ 9'6 � -- 4 — LROPOSED TREE, FINAL' OCATION T0_D0 HOME / 10 prte4e�—(I 1T-'\ A� \ _ — � ° �V �` _ ,, �°r y,T,;y EXISTING HOUSE 71 #3590 a _— x. TREE NUMBER SIZE TYPE 4188 6.00 Red Oak 4189 12 Black Walnut 4190 9 Quaking Aspen TOGO x P` -)A\ 2 PROPOSED TRT, FINAL LOCATION TOB 38�`•� '^ DETERMINED 8 HOME BUILDER, TYP. EXISTING \ HOUSE .A, A1h \\ \\ #3601 I \ / I — I I I I 1a III / Red o0 Al 00S 1 #2171 x WETLAND BUFFER INFO 30' AVG. BUFFER AREA =14,952 SF L / PROP. BUFFER AREA = 15,301 SF 2� EXISTING WETLAND Iaa, MANAGE 2 3 (30' BUFFER AVG.) I 1 J r o � EXISTNG— HOUSErge- #3640 HOUSE I a0 4a3 y (14 3, ®RTHERN AVENUE I #2177 i I I L__ 9'6 � -- 4 — LROPOSED TREE, FINAL' OCATION T0_D0 HOME / 10 prte4e�—(I 1T-'\ A� \ _ — � ° �V �` _ ,, �°r y,T,;y EXISTING HOUSE 71 #3590 a _— x. TREE NUMBER SIZE TYPE 4188 8 Red Oak 4189 12 Black Walnut 4190 9 Quaking Aspen 4191 11 Quakin As en 4192 8 Green Ash 4193 9 Bur Oak 4194 8 Bur Oak 4195 8 Green Ash 4196 9 Green Ash 4197 9 Green Ash 4198 9 Green Ash 4199 11 Green Ash 4200 13 Box Elder 4301 11 Green Ash 4302 9 Box Elder 4303 10 Box Elder 4304 9 American Elm 4305 8 American Elm 4306 10 White Oak 4307 23 Cottonwood 4308 18 Quakin As en 4309 8 Paper Birch 4310 9 Green Ash 4311 9 Red Oak 4312 13 Red Oak 4313 9 Red Oak 4314 15 Red Oak 4315 15 Black Walnut 4316 30 Cottonwood 4317 8 Red Oak 4318 18 Bur Oak 4319 13 Red Oak 4320 11,12 Red Oak 4321 10 Green Ash 4322 24 Green Ash 4323 22 Cottonwood 4324 12 American Elm 4325 14 Box Elder 4326 8 Green Ash 4327 12 Big Tooth Aspen 4328 13 Black Willow 4329 14 Box Elder 4330 10 Box Elder 4331 13 Green Ash 4332 12 Green Ash 4333 13 Green Ash 4334 11 Green Ash 4335 11 Green Ash 4336 10 Green Ash 4337 34 Red Oak 4338 29 Green Ash 4339 47 Bur Oak 4340 48 Bur Oak 4341 16 Green Ash 4342 22 Green Ash 4342 31 Bur Oak 4343 16 Siberian Elm 4344 12 Green Ash 4345 12 Box Elder 4346 9 Eackberry 4347 13 Box Elder 4348 18 Green Ash 4349 20 Green Ash 4350 15 Box Elder 4351 10 Box Elder 4352 12 Green Ash 4353 9 Green Ash 4354 10 White Mulberry 4355 9 White Mulberry 4356 12 Box Elder 4357 13 White Mulberry 4358 28 Silver Maple 4359 24 Green Ash 4360 8 Basswood 4361 10 Basswood 4362 10 Green Ash 4363 9 White Oak 4364 10 Hackberry 4365 20 Red Oak 4366 11 Sugar Maple 4368 16 American Elm 4369 10 Silver Maple 4370 22 Red Oak 4371 23 Bur Oak 4373 17 Green Ash 4374 19 Red Oak 4375 14 Red Oak 4376 9 Basswood 4377 8 Red Oak 4378 8 Green Ash 4379 17 Bur Oak 4380 8 Green Ash 4381 9 Green Ash 4382 13 Cottonwood TREE PRESERVATION PLAN: DTREES TO BE REMOVED OTREES TO BE PROTECTED PROPOSED TREE SYMBOL (EITHER 2" CALIPER DECIDUOUS TREE OR 6' CONIFEROUS TREE TO BE PLANTED BY HOME BUILDER) TREE REPLACEMENT THE CITY OF ORONO REQUIRES 1 TREE FOR EVERY 40 LF OF FRONTAGE. FRONTAGE ALONG TOGO RD AND NORTHERN AVE = 336' TREES REQUIRED = 336'/40'= 9 TREES '3 TREES WILL BE PLANTED ON LOT 1 ALONG TOGO AVENUE AND 3 TREES WILL BE PLANTED ON BOTH LOTS 2 AND 3 ALONG NORTHERN AVENUE. FINAL LOCATIONS TO BE DETERMINED BY THE HOME BUILDER IN THE FIELD. GOPHER STATE ONE CALL WWW .GOPIWO) (800) 252-1166 TOLL FREE 21,11167 L FREE (651) 4540002 LOCAL 15'-0® Com, G3 OO IUJ p CM EngineedngSurveying' Landscape Archite , 4931 W. 35th Street, Suite 200 St. Louis Park, AN 55416 civiisitegmuP.— 612-615-0060 01 O O 2 W J Om /�//�� z LV V) O Z F_ °a Y F— K LU Z O D r U w K a I HEREBY CERTIFY THAT THIS PLAN, SPECIFICATION, OR REPORT WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND THAT I AM A DULY LICENSED PROFESSIONAL ENGINEER UNDER THE LAWS OF THE STATE OF MINNESOTA. �� 1 9 r'v"'"' David J. Knaeble GATE 3/26/18 LICENSE NO. 48776 ISSUE/SUBMITTAL SUMMARY REVISION SUMMARY DATE DESCRIPTION 1129/18 REV. TREE PRESERVATION PLAN TREE PRESERVATION C4.01 ax TOGO TOGO ROAD_ _ S89°34' 5"W 124.00 x ax `\ 1co�anwooe I I � j 1 PROPOSED TR , FINAL II I LOCATION TO B n DETERMINED B HOME — 1 — — BUILDER, TYP. I A I I I \\ \ EU ISTING A \ HOUSE IV EXISTING a \ #3637,— I\ 1 "` �\ \ \ HOUSE \ \ \ \ #3601 EXISTING �� A ` .m aq \VA HOUSE #3645 jPING DING sss W 1 0 1 \ slxnaEIm I I \ \ / n` 7 \ \ rY' El. Y 1 AREA DISTURB +\ SOIL + + + + +\ ++++++++ V A AMENDMENTS TO BE + \+ + + \+ + + + + \ I .' �Ii�d 'I I SEEDED WITH�MOWABLE +++++++++ ++++++++++ I `" I GLASS SEED. + + �+ + 7 , I II I + + + i+ + + + + + H +++++++ I A A / II l + + ++ ++,++++++ ++ +++ + + +'+ +'+ + 73I II 932.9 i I +i ++++++ ++� + 1+ + +/ IIP% \\ + + + + I+ + + �/+ +! I n 1 / I I / I I / � 1 % A / I / I / o / Xyy° i N89°46'29" I I� I 1 I \ T E� S T" G,A'i2AGE cFE=1 937-� g36 o♦�ROPOSED TREE, FINAL + + +1 + + + + 141b.00 / +++ +[ 4 + + + I+ I \\ ,mow ++ +14++ °^ I \ ++\ + ++1 ++ \ + +1 1 i nr ALL ISTURGED PORTIONS �� e OFTH n \ v ----- - BUILDER, EXCEPT AREAS - - - - __ .VVETLAND BUFFER INFO 30'AVG. BUFFER AREA =14,9525F e �� �' �A J. v RWETLAND BUFFER.'-- "T PROP. BUFFER AREA =15,301 SF �� E � 0` ' / 2 . As EXISTING WETLAND Elh, VAC MANAGE 2 �`v "=30'-0' (30'BUFFERAVG.) a0 CBN87°4jt'5 bfE 38 ,14 ®RTtERN AVENUE 331 v, — X9 9336 X '/""'\ #2171 pek �---� / n\ I I / I #2177 I I FRE GETATE WITHIN RTIONS OF / ISTURBED BUFFER �REA WITH NATIVE SEED I / IX MNDOT SEED 35-241 P,RAIN GARDEN / WITH NATIVE SEED MIX M�DOT SE♦ 34-262 t--- ��/1"�9j6/ - F OPOSED TREE, FINAL S CATION TO -DB �4M, %JHOME BUILDER, TYP. _ ALL ISTURGED PORTIONS �� e OFTH SITETOBESEEDED ��� a acaen+wooa �' \ ORSODDEDATTHt, #3590 DISCRETION OF THE o yya BUILDER, EXCEPT AREAS WITE IIN THE RAIN GARDEN `R RWETLAND BUFFER.'-- "T CO NG. RDINATE _EXIST _ HOUSE #3640 EXISTING V v '"'Ra --- ' -------- X (800) 252-1166 TOLL FREE (WI)21-1111T L FREE VAC ASD,, "=30'-0' 3,. n a0 CBN87°4jt'5 bfE 38 ,14 ®RTtERN AVENUE 9336 X '/""'\ #2171 pek �---� / n\ I I / I #2177 I I FRE GETATE WITHIN RTIONS OF / ISTURBED BUFFER �REA WITH NATIVE SEED I / IX MNDOT SEED 35-241 P,RAIN GARDEN / WITH NATIVE SEED MIX M�DOT SE♦ 34-262 t--- ��/1"�9j6/ - F OPOSED TREE, FINAL S CATION TO -DB �4M, %JHOME CLEARING & GRUBBING - INVASIVE BUCKTHORN: 1. VERIFY AREA OF VEGETATION REMOVAL 2. FOR LARGE AREAS TO BE REMOVED WITHIN GRADING LIMITS, USE EARTH WORK EQUIPMENT FOR REMOVALS OF BOTH TREE AND ROOTS, 3. FOR LIMITED PLANT MATERIAL a. REMOVE BY HAND, ENSURE MINIMAL SOIL DISTURBANCE WHERE POSSIBLE, APPLY HERBICIDE. b. FOR LARGER PLANT MATERIAL CUT STEM AT SOIL SURFACE AND TREAT DIRECTLY WITH HERBICIDE. 4. DO NOT REPLANT AREA FOR 14 DAYS, OR UNTIL HERBICIDE INSTRUCTION SPECIFY. 5. ADDITIONAL HERBICIDE APPLICATIONS MAY BE NECESSARY FOR UP TO 5 YEARS, DEPENDING ON ORIGINAL INFESTATION, MONITOR AREA AND SPOT APPLY AS PER PRODUCT INSTRUCTIONS. 6. GENERALLY, WHEN APPLYING HERBICIDES TO CONTROL WEEDS, LIMIT WORKTO FALLAND LATE FALL WHEN NATIVE PLANTS ARE DORMANT. LANDSCAPE NOTES: 1. PLANT MATERIALS SHALL CONFORM WITH THE AMERICAN ASSOCIATION OF NURSERYMEN STANDARDS AND SHALL BE OF HARDY STOCK, FREE FROM DISEASE, DAMAGE AND DISFIGURATION. CONTRACTOR IS RESPONSIBLE FOR MAINTAINING PLUMPNESS OF PLANT MATERIAL FOR DURATION OF ACCEPTANCE PERIOD. 2. UPON DISCOVERY OF A DISCREPANCY BETWEEN THE QUANTITY OF PLANTS SHOWN ON THE SCHEDULE AND THE QUANTITY SHOWN ON THE PLAN, THE PLAN SHALL GOVERN. 3. COORDINATE LOCATION OF VEGETATION WITH UNDERGROUND AND OVERHEAD UTILITIES, LIGHTING FIXTURES, DOORS AND WINDOWS. 4. ALL PLANT MATERIALS SHALL BE WATERED AND MAINTAINED UNTIL ACCEPTANCE. 5. SWEEP AND MAINTAIN ALL PAVED SURFACES FREE OF DEBRIS GENERATED FROM LANDSCAPE CONTRACTOR'S ACTIVITIES. LEGEND REMOVE EXISTING BUCKTHORN EXISTING MNDOT 34-262 WET PRAIRIE, PER MNDOT SEEDING HOUSE \ MNDOT 35-241 MESIC PRAIRIE, PER MNDOT SEEDING #3590 MANUAL SPECIFICATIONS (2014) PROPOSED TREE SYMBOL (EITHER 2' CALIPER DECIDUOUS TREE OR 6' CONIFEROUS TREE TO BE PLANTED BY HOME BUILDER). 3 TREES WILL BE PLANTED ON EACH LOT PER THE TREE PRESERVATION PLAN. _ STATE ONE CALL X (800) 252-1166 TOLL FREE (WI)21-1111T L FREE (651) 4540002 LOCAL "=30'-0' 15'-0® V X69 38 CLEARING & GRUBBING - INVASIVE BUCKTHORN: 1. VERIFY AREA OF VEGETATION REMOVAL 2. FOR LARGE AREAS TO BE REMOVED WITHIN GRADING LIMITS, USE EARTH WORK EQUIPMENT FOR REMOVALS OF BOTH TREE AND ROOTS, 3. FOR LIMITED PLANT MATERIAL a. REMOVE BY HAND, ENSURE MINIMAL SOIL DISTURBANCE WHERE POSSIBLE, APPLY HERBICIDE. b. FOR LARGER PLANT MATERIAL CUT STEM AT SOIL SURFACE AND TREAT DIRECTLY WITH HERBICIDE. 4. DO NOT REPLANT AREA FOR 14 DAYS, OR UNTIL HERBICIDE INSTRUCTION SPECIFY. 5. ADDITIONAL HERBICIDE APPLICATIONS MAY BE NECESSARY FOR UP TO 5 YEARS, DEPENDING ON ORIGINAL INFESTATION, MONITOR AREA AND SPOT APPLY AS PER PRODUCT INSTRUCTIONS. 6. GENERALLY, WHEN APPLYING HERBICIDES TO CONTROL WEEDS, LIMIT WORKTO FALLAND LATE FALL WHEN NATIVE PLANTS ARE DORMANT. LANDSCAPE NOTES: 1. PLANT MATERIALS SHALL CONFORM WITH THE AMERICAN ASSOCIATION OF NURSERYMEN STANDARDS AND SHALL BE OF HARDY STOCK, FREE FROM DISEASE, DAMAGE AND DISFIGURATION. CONTRACTOR IS RESPONSIBLE FOR MAINTAINING PLUMPNESS OF PLANT MATERIAL FOR DURATION OF ACCEPTANCE PERIOD. 2. UPON DISCOVERY OF A DISCREPANCY BETWEEN THE QUANTITY OF PLANTS SHOWN ON THE SCHEDULE AND THE QUANTITY SHOWN ON THE PLAN, THE PLAN SHALL GOVERN. 3. COORDINATE LOCATION OF VEGETATION WITH UNDERGROUND AND OVERHEAD UTILITIES, LIGHTING FIXTURES, DOORS AND WINDOWS. 4. ALL PLANT MATERIALS SHALL BE WATERED AND MAINTAINED UNTIL ACCEPTANCE. 5. SWEEP AND MAINTAIN ALL PAVED SURFACES FREE OF DEBRIS GENERATED FROM LANDSCAPE CONTRACTOR'S ACTIVITIES. LEGEND Com, Gm (m NJ p CWI En9inaedn9Surveyic9' Landscape ArchitecWre 4931 W. 35th Street, Suite 200 St. Louis Park, MN 55416 civiisitegmup.cOm 612-615-0060 0 0 w J z m W U) o Z F_ °a Y F— K ❑ LU 0 ° Z H U W K a I HEREBY CERTIFY THAT THIS PLAN, SPECIFICATION, OR REPORT WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND THAT I AM A DULY LICENSED PROFESSIONAL ENGINEER UNDER THE LAWS OF THE STATE OF MINNESOTA. �" J- IO 9 1'.JL David J. Knaeble OATS 3/26/18 LICENSE NO. 48776 ISSUE/SUBMITTAL SUMMARY REVISION SUMMARY DATE DESCRIPTION 1129/18 REV. TREE PRESERVATION PLAN LANDSCAPE PLAN L1.01 REMOVE EXISTING BUCKTHORN MNDOT 34-262 WET PRAIRIE, PER MNDOT SEEDING MANUAL SPECIFICATIONS (2014) \ MNDOT 35-241 MESIC PRAIRIE, PER MNDOT SEEDING MANUAL SPECIFICATIONS (2014) PROPOSED TREE SYMBOL (EITHER 2' CALIPER DECIDUOUS TREE OR 6' CONIFEROUS TREE TO BE PLANTED BY HOME BUILDER). 3 TREES WILL BE PLANTED ON EACH LOT PER THE TREE PRESERVATION PLAN. GOPHER STATE ONE CALL WNhY.GOPGRG (800) 252-1166 TOLL FREE (WI)21-1111T L FREE (651) 4540002 LOCAL "=30'-0' 15'-0® Com, Gm (m NJ p CWI En9inaedn9Surveyic9' Landscape ArchitecWre 4931 W. 35th Street, Suite 200 St. Louis Park, MN 55416 civiisitegmup.cOm 612-615-0060 0 0 w J z m W U) o Z F_ °a Y F— K ❑ LU 0 ° Z H U W K a I HEREBY CERTIFY THAT THIS PLAN, SPECIFICATION, OR REPORT WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND THAT I AM A DULY LICENSED PROFESSIONAL ENGINEER UNDER THE LAWS OF THE STATE OF MINNESOTA. �" J- IO 9 1'.JL David J. Knaeble OATS 3/26/18 LICENSE NO. 48776 ISSUE/SUBMITTAL SUMMARY REVISION SUMMARY DATE DESCRIPTION 1129/18 REV. TREE PRESERVATION PLAN LANDSCAPE PLAN L1.01 TOGO \\ \ \ 589°34' 5"W 124.00 \ I I I I < <n I E� ISTING v \ I HOUSE I I I IV � EXISTING HOUSE \ \ \ \ _ #3601 \ \ \ \v 1— " n1n / EXISTING AV A HOUSE v II ✓�) �se"'— VA #3645 F \ 1 DING 55211 w / I I X I I mv= I CONTRACTOR TO 9329 � INSTALL 2 ROWS / "v II F BIOROLL ALONG ' I c \ " V 0 j I WETLAND BUFFER II I a 140.00 ELSGE. #2171 AS AN X71 {x N89 46'29" _ I\ CONTRACTOR SHALL NOT ----- DISTURB THE MONO WH€N - PLACING.QMP$ CONTRACTOR TO — -- �:..� #2177 INSTALL ADDITIONAL .EROSION CONTROL I NTRACTOR / AT WETLAND EDGE � I HALL NOT IISTURB THE a3° WETLAND WHEN �-------�-�� `� LACING BMPS X B9 I ry PERIMETER ROSION CONTROL n $ i TCG n1 \ \ 9�,9°01 4� EXISTING _EXIST NG IS PING 7g� TVP. _ — HOUSE #3640 HOUSE \\ \\ / / ea 1 V/ \ /TO IN L i ONSTRUCTION CEFOR- -, .EAC HROtiS�7kMAP BUILI54A' n P38" _ y CB N87,'4'5VTI 5a ALL SPECIFIED EROSION AND SEDIMENT CONTROL PRACTICES, AND MEASURES CONTAINED IN THIS SWPPP ARE THE MINIMUM REQUIREMENTS. ADDITIONAL PRACTICES MAY BE REQUIRED DURING THE COURSE OF CONSTRUCTION. SWPPP NOTES 1. THIS PROJECT IS LESS THAN ONE ACRE OF DISTURBED AREA AND WILL NOT REQUIRE AN MPCA NPDES PERMIT. CONTRACTOR IS RESPONSIBLE FOR OBTAINING ANY EROSION CONTROL PERMITS REQUIRED BY THE CITY. 2. SEE SHEETS SW1.0 - SW1.3 FOR ALL EROSION CONTROL NOTES, DESCRIPTIONS, AND PRACTICES. 3. SEE GRADING PLAN FOR ADDITIONAL GRADING AND EROSION CONTROL NOTES. 4. CONTRACTOR IS RESPONSIBLE FOR SWPPP IMPLEMENTATION, INSPECTIONS, AND COMPLIANCE WITH NPDES PERMIT. CITY OF ORONO EROSION CONTROL NOTES: 1. PERIMETER EROSION CONTROL MEASURES AND PROTECTION FENCING SHALL BE INSTALLED BY CONTRACTOR AND INSPECTED BY CITY PRIOR TO ANY DEMOLITION OR LAND DISTURBANCE. CONTRACTOR MUST PROVIDE 24 HOURS NOTICE PRIOR TO INSPECTION. LEGEND: - -- - ---- 1125 -------- EX. T CONTOUR ELEVATION INTERVAL 1137 1.0' CONTOUR ELEVATION INTERVAL OLLLORG (600) 252-1166 TOLL FREE FREE DRAINAGE ARROW •..................• SILT FENCE/BIOROLL- GRADING LIMIT r••,r `••+ INLET PROTECTION STABILIZED CONSTRUCTION ENTRANCE EROSION CONTROL BLANKET GOPHER STATE ONE CALL WWW.GOPHERST2-1166 OLLLORG (600) 252-1166 TOLL FREE FREE (651) 454-0002 LOCAL 15'-0® Com, m O M JA CWI EngineeringSurveying' Landscape ArchitecWre 4931 W. 35th Street, Suite 200 St. Louis Park, MN 55416 civiisitegmuP.— 612-615-0060 01 0 0 w J z m W U) O Z F_ °a Y F- x Lu 0 Zr U w C3 a I HEREBY CERTIFY THAT THIS PLAN, SPECIFICATION, OR REPORT WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND THAT I AM A DULY LICENSED PROFESSIONAL ENGINEER UNDER THE LAWS OF THE STATE OF MINNESOTA.. k.J Q David J. Knaeble DATE 3/26/18 LICENSE ND. 48776 ISSUE/SUBMITTAL SUMMARY REVISION SUMMARY DATE DESCRIPTION SWPPP - EXISTING CONDITIONS SW1.01 ax TOGO_ ox I + \ II TOGO -RQAD- x � 1 I I EOF=935. I I \ I I I � ISTING I\HousE #3637 \ EXISTING HOUSE #3645 I I i 1 x"h 1 y„ ONSTRUCTION ---- / 1 I II I II I II I AMENDEDI�011 AREA SHALL BE DISTURBED, I SEEDED AND MULCHED II I WITHIN 48 HOURS. I II I INv- j CONTRACTOR TO? 11 9329 INSTALL 2 ROWS F BIOROLL ALONG II WETLAND BUFFER IZ (�95 L 140.00 GE. I I I / I I / � I / I \ T I I ooe I I i I I II �A I I v I IV EXISTING HOUSE \\ � � \ \ n1m #3607 \I \ \ I `� Gs• I � � I � 1I \ n= v v 11 _I vv v / AMEND. SO+N4IL#+88+32+ BE, + + ++++++ 7777s+s ++ +++ +++ + + ++++ +r /+++ +++++++ +I� I I n yI 4100 +++�++1I ++ ++/+++ +1+1 ++ +++ ++l + +1 %+)%%�+j `,``' +� \ #2171 + WETLAND BUFFER INFO 30'AVG. BUFFER AREA=14,952 SF It PROP. BUFFER AREA=15,301 SF E EXISTING WETLAND , MANAGE 2 3 3�" �'� N69e4bY9- 3., (30' BUFFER AVG.) CONTRACTOR / ,ha I uhhb SHALL NOT I THE OrWH MPS - CONTRACTOR TO INSTALL ADDITIONAL .EROSION CONTROL x"h 1 y„ ONSTRUCTION ---- _ — -- N T RANCll NTRANCE FOR rr AT WETLAND EDGE �/kEBAR ,h3 BUILl54 3 0--t a0 j ui'�' itis INLET PROTECTION � '. STABILIZED CONSTRUCTION ENTRANCE � � TT TT �/ / /1 / / ZI EROSION CONTROL BLANKET / yY 903 CFP. r T95 CONTRACTOR Tb -4 INSTALL ADDITIONAL TER SILT FENCD'w � FTER RAIN GARDEN CONSTRUCTIONV vA PERIMETER'---, EROSION CONTROL - #3640 HOUSE #3630 AVENUE m \� i � 2 I / I #2177 I NTRACTOR I / HALL NOT ISTURB THE WETLAND WHEN LACING BMPS / TRACTOR TO S� INITLL AD9LTIONAL O 'L= L NCE AFTER RAIN tGyIRDEN {-L C NSTRUCTION" = l EXISTING HOUSE / ixyasa #3590 1-x X i8 I e ALL SPECIFIED EROSION AND SEDIMENT CONTROL PRACTICES, AND MEASURES CONTAINED IN THIS SWPPP ARE THE MINIMUM REQUIREMENTS. ADDITIONAL PRACTICES MAY BE REQUIRED DURING THE COURSE OF CONSTRUCTION. SWPPP NOTES 1. THIS PROJECT IS LESS THAN ONE ACRE OF DISTURBED AREA AND WILL NOT REQUIRE AN MPCA NPDES PERMIT. CONTRACTOR IS RESPONSIBLE FOR OBTAINING ANY EROSION CONTROL PERMITS REQUIRED BY THE CITY. 2. SEE SHEETS SW1.0 - SW1.3 FOR ALL EROSION CONTROL NOTES, DESCRIPTIONS, AND PRACTICES. 3. SEE GRADING PLAN FOR ADDITIONAL GRADING AND EROSION CONTROL NOTES. 4. CONTRACTOR IS RESPONSIBLE FOR SWPPP IMPLEMENTATION, INSPECTIONS, AND COMPLIANCE WITH NPDES PERMIT. CITY OF ORONO EROSION CONTROL NOTES: 1. RESERVED FOR CITY SPECIFIC EROSION CONTROL NOTES. LEGEND: 1125 -------- V A a/TOINAtL 1137 ONSTRUCTION ---- OL FREE (800) 252-1168 TOLL FREE N T RANCll NTRANCE FOR rr - ,_,--EAOH�1'303US, �/kEBAR ,h3 BUILl54 3 0--t a0 j ui'�' itis INLET PROTECTION � '. STABILIZED CONSTRUCTION ENTRANCE � � TT TT �/ / /1 / / ZI EROSION CONTROL BLANKET AVENUE m \� i � 2 I / I #2177 I NTRACTOR I / HALL NOT ISTURB THE WETLAND WHEN LACING BMPS / TRACTOR TO S� INITLL AD9LTIONAL O 'L= L NCE AFTER RAIN tGyIRDEN {-L C NSTRUCTION" = l EXISTING HOUSE / ixyasa #3590 1-x X i8 I e ALL SPECIFIED EROSION AND SEDIMENT CONTROL PRACTICES, AND MEASURES CONTAINED IN THIS SWPPP ARE THE MINIMUM REQUIREMENTS. ADDITIONAL PRACTICES MAY BE REQUIRED DURING THE COURSE OF CONSTRUCTION. SWPPP NOTES 1. THIS PROJECT IS LESS THAN ONE ACRE OF DISTURBED AREA AND WILL NOT REQUIRE AN MPCA NPDES PERMIT. CONTRACTOR IS RESPONSIBLE FOR OBTAINING ANY EROSION CONTROL PERMITS REQUIRED BY THE CITY. 2. SEE SHEETS SW1.0 - SW1.3 FOR ALL EROSION CONTROL NOTES, DESCRIPTIONS, AND PRACTICES. 3. SEE GRADING PLAN FOR ADDITIONAL GRADING AND EROSION CONTROL NOTES. 4. CONTRACTOR IS RESPONSIBLE FOR SWPPP IMPLEMENTATION, INSPECTIONS, AND COMPLIANCE WITH NPDES PERMIT. CITY OF ORONO EROSION CONTROL NOTES: 1. RESERVED FOR CITY SPECIFIC EROSION CONTROL NOTES. LEGEND: 1125 -------- •-I 1137 1.0' CONTOUR ELEVATION INTERVAL OL FREE (800) 252-1168 TOLL FREE DRAINAGE ARROW ...-- ......... SILT FENCE/BIOROLL- GRADING LIMIT 0--t j ui'�' itis INLET PROTECTION � '. STABILIZED CONSTRUCTION ENTRANCE � � TT TT �/ / /1 / / ZI EROSION CONTROL BLANKET AVENUE m \� i � 2 I / I #2177 I NTRACTOR I / HALL NOT ISTURB THE WETLAND WHEN LACING BMPS / TRACTOR TO S� INITLL AD9LTIONAL O 'L= L NCE AFTER RAIN tGyIRDEN {-L C NSTRUCTION" = l EXISTING HOUSE / ixyasa #3590 1-x X i8 I e ALL SPECIFIED EROSION AND SEDIMENT CONTROL PRACTICES, AND MEASURES CONTAINED IN THIS SWPPP ARE THE MINIMUM REQUIREMENTS. ADDITIONAL PRACTICES MAY BE REQUIRED DURING THE COURSE OF CONSTRUCTION. SWPPP NOTES 1. THIS PROJECT IS LESS THAN ONE ACRE OF DISTURBED AREA AND WILL NOT REQUIRE AN MPCA NPDES PERMIT. CONTRACTOR IS RESPONSIBLE FOR OBTAINING ANY EROSION CONTROL PERMITS REQUIRED BY THE CITY. 2. SEE SHEETS SW1.0 - SW1.3 FOR ALL EROSION CONTROL NOTES, DESCRIPTIONS, AND PRACTICES. 3. SEE GRADING PLAN FOR ADDITIONAL GRADING AND EROSION CONTROL NOTES. 4. CONTRACTOR IS RESPONSIBLE FOR SWPPP IMPLEMENTATION, INSPECTIONS, AND COMPLIANCE WITH NPDES PERMIT. CITY OF ORONO EROSION CONTROL NOTES: 1. RESERVED FOR CITY SPECIFIC EROSION CONTROL NOTES. LEGEND: 1125 -------- EX. T CONTOUR ELEVATION INTERVAL 1137 1.0' CONTOUR ELEVATION INTERVAL OL FREE (800) 252-1168 TOLL FREE DRAINAGE ARROW ...-- ......... SILT FENCE/BIOROLL- GRADING LIMIT 0--t `..+ INLET PROTECTION STABILIZED CONSTRUCTION ENTRANCE � � TT TT �/ / /1 / / ZI EROSION CONTROL BLANKET GOPHER STATE ONE CALL WWW.GOPHERST2-1166 OL FREE (800) 252-1168 TOLL FREE (851) 454-0002 LOCAL 15'-0® Com, G3 OO NJ p Cil EngineedngSurveying' Landscape Archite- 4931 W. 35th Street, Suite 200 SL Louis Park, MN 55416 civiisitegmup.cOm 612-615-0060 ol O O zLu J O m z W U) O Z F— o Y F— x Lu 0 Z i - r U W C3 a I HEREBY CERTIFY THAT THIS PLAN, SPECIFICATION, OR REPORT WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND THAT I AM A DULY LICENSED PROFESSIONAL ENGINEER UNDER THE LAWS OF THE STATE OF MINNESOTA.. k -j Q David J. Knaeble DATE 3/26/18 LICENSE NO. 48776 ISSUE/SUBMITTAL SUMMARY REVISION SUMMARY DATE DESCRIPTION SWPPP-PROPOSED CONDITIONS ' IJ 72 OF IAt l:Ulttl IT NAT TOP OF SEMBLY CURB, PLATE, BOX, TE EXISTING GROUND SURFACE 3SEMBLY DIAMETER, 6" E 10" AT LOW POINT )W FABRIC NUI LS: 1. REPLACE INLET GRATE UPON COMPLETE INSTALLATION OF INLET PROTECTION FABRIC. 2. CONTRACTOR SHALL REMOVE ALL ACCUMULATED SEDIMENT AND DEBRIS FROM THE SURFACE OF THE SYSTEM AFTER EACH STORM EVENT AND AT THE COMPLETION OF THE CONTRACT. 3. REFERENCE APPLE VALLEY STANDARD PLATE EROI TO TER FABRIC AS SPECIFIED FILL UPSTREAM BASE EDGE WITH 2" OF DIRT OR COMPOST TO EMBED ROLL. DIRECTION OF FLOW WOODEN STAKES 1/2"X2"X16" MIN. PLACED 10'0.C. WHEN INSTALLED ON GROUND. IF INSTALLED ON PVMT. PROVIDE SANDBAGS BEHIND AND ON TOP AT MIN. 10' O.C. NOTE: 1. COMPOST FILTER LOGS (BIO ROLLS) SHALL BE FILTREXX EROSION CONTROL SOXX OR APPROVED EQUAL. 2. COMPOST FILLER TO BE MADE FROM A COMPOST BLEND 30%-40% GRADE 2 (SPEC 3890) AND 60%-70Y PARTIALLY DECOMPOSED WOOD CHIPS, PER MNDOT SPEC 3897. 3. FILTER FABRIC SHALL BE GEOTEXTILE KNITTED MATERIAL WITH MAX. OPENINGS OF 318". 4. IF MULTIPLE ROLLS NEEDED, OVERLAP BY MIN. 12" AT ENDS AND STAKE. 5. SILT SHALL BE REMOVED ONCE IT REACHES 80% OF THE HEIGHT OF THE ROLL OR AS DEEMED NECESSARY BY SITE CONTRACTOR TO MAINTAIN PROPER FUNCTION. CURB INLET FILTER SEDIMENT BIO -ROLL / COMPOST FILTER LOG 1 NTS 4 NTS 30FROM EDGE OF ROAD TO FRONT OF SPEED BUMP TO CONSTRUCTION AREA w 35'R 8" COMPOST /AMENDED SOIL. 0 EXISTING O FINISHED GEOTEXTILE FILTER CHIGH, 16"WIDE 0 w :ONSTRUCTION _ m AREA rn 11 PROFILE z z 7 (7 PLAN 35' R F 6" MIN CRUSHED STONE rn TO CONSTRUCTION AREA w 8" COMPOST /AMENDED SOIL. EXISTING 75' MINIMUM UNDISTURBED FINISHED GEOTEXTILE FILTER CHIGH, 16"WIDE ROADWAY GRADE FABRIC SPEED BUMP H III=III I� 11=1 I II III=III-I =III=III=III=III=III=III=11 =III=III=III=III=III=III=111- =1 =11 =11I-III-III-III=1 =1 =1 =1 - =1 =1 -I I-1111111111111- L=1 I I=1 1=1 I I=111=1 I I=11 L=1 I I=111=1 I I=111 -I I I=1 I I=111=1 I I=111=1 I I=11 L=1 I I=11I 1i1=1i1=1i1=1i1=Iii=1i1=1i1=1i1=1i1=1i1=1i1=1i1 T-1i1=1i1=1i1-1i1=1i1=millIii=11 Illlll �IIIIIIIII-Ili i� �II�fl 11 PROFILE NOTES: 1. PROVIDE APPROPRIATE TRANSITION BETWEEN STABILIZED CONSTRUCTION ENTRANCE AND UNDISTURBED ROADWAY. 2. THE ENTRANCE SHALL BE MAINTAINED INA CONDITION WHICH WILL PREVENT TRACKING OR FLOWING OF SEDIMENT ONTO UNDISTURBED ROADWAY. THIS MAY REQUIRE PERIODIC TOP DRESSING WITH ADDITIONAL STONE OR ADDING STONE TO THE LENGTH OF THE ENTRANCE. 3. REPAIR AND CLEANOUT MEASURES USED TO TRAP SEDIMENT. 4. ALL SEDIMENT SPILLED, DROPPED, WASHED, OR TRACKED ONTO UNDISTURBED ROADWAY SHALL BE REMOVED AS DIRECTED BY THE ENGINEER. 5. FINAL LOCATION AND INSTALLATION SHALL BE COORDINATED WITH THE CITY PRIOR TO CONSTRUCTION ACTIVITIES. 6. CRUSHED STONE SHALL BE 1-1/2" DIA. CLOSE GRADED, AND IN ACCORDANCE TO MNDOT SECTION 2118. FILTER FABRIC WITH WIRE SUPPORT NET AS SPECIFIED. METAL POST AS SPECIFIED. SUPPORT NET: 12 GAUGE 4" x 4" WIRE HOOKED ONTO - PREFORMED CHANNELS ON POSTS AS SPECIFIED. EXISTING GROUND SURFACE CARRY WIRE SUPPORT NET - DOWN INTO TRENCH I I FILTER FABRIC AS SPECIFIED SECURE TO WIRE SUPPORT NET WITH METAL CLIPS 12"O.C. ANCHOR FABRIC WITH SOIL, TAMP BACKFILL DIRECTION OF FLOW RIBBON CURB OR CURB CUT, SEE SITE AND GRADING PLANS SIDE SLOPE TREATMENTS, SEE GRADING OR LANDSCAPE PLANS GRASS PRE-TREATMENT STRIP OR PRE-TREATMENT STRUCTURE, SEE SEE GRADING PLAN FOR DEPTH UTILITY AND LANDSCAPE PLANS PLANT MATERIAL, SEE LANDSCAPE PLAN 3HaL MAX. -J n=11I IIh-III �� m-m-� I I UNDISTURBED, UNCOMPACTED INSITU SOIL 12 III -IIIA _ NON -WOVEN GEOTEXTILEMnDOT 3733 TYPE 1 -HIGH FLOW RATE) ) NET LESS EROSION BLANKET IN BOTTOM OF -III _ _ _4 - AROUND GRAVEL BLANKET- EXTENDING l.F BASIN. SLIT BLANKET TO ALLOW PLANT '' FROM UNDERDRAIN PIPE SIDES MATERIAL SURFACE IF PLUG PLANTING IS TO - - -III UNDERDRAIN GRAVEL BLANKET BE USED SEE GRADING AND LANDSCAPE -III= 1-1.5" DOUBLE WASHED STONE LAN - - NON LIMESTONE OR CONCRETE MATERIAL MIN. PLANTING MEDIUM DEPTH 12" PERFORATED UNDERDRAIN OUTLET PIPE WITH A WELL BLENDED MIXTURE (BY VOLUME): 6" DIAMETER RIGID, PERFORRATED PVC. 70% HOMOGENOUS CONSTRUCTION SAND SEE UTILITY PLAN 30% ORGANIC COMPOST MUST OVER EXCAVATE DOWN TO SUITABLE SOLS. FIELD TYPICAL SECTION VIEW VERIFY WITH SOI LS ENGINEER CONSTRUCTION SEQUENCING 1. INSTALL SILT FENCE ANDIOR OR OTHER APPROPRIATE TEMPORARY EROSION CONTROL DEVICES TO PREVENT SEDIMENT FROM LEAVING OR ENTERING THE PRACTICE DURING CONSTRUCTION. 2. ALL DOWN -GRADIENT PERIMETER SEDIMENT CONTROL BMP'S MUST BE IN PLACE BEFORE ANY UP GRADIENT LAND DISTURBING ACTIVITY BEGINS. 3. PERFORM CONTINUOUS INSPECTIONS OF EROSION CONTROL PRACTICES. 4. INSTALL UTILITIES (WATER, SANITARY SEWER, ELECTRIC, PHONE, FIBER OPTIC, ETC) PRIOR TO SETTING FINAL GRADE OF BIORETENTION DEVICE. 5. ROUGH GRADE THE SITE. IF BIORETENTION AREAS ARE BEING USED AS TEMPORARY SEDIMENT BASINS LEAVE A MINIMUM OF 3 FEET OF COVER OVER THE PRACTICE TO PROTECT THE UNDERLYING SOILS FROM CLOGGING. 6. PERFORM ALL OTHER SITE IMPROVEMENTS. 7. PLANT ALL AREAS AFTER DISTURBANCE. 8. CONSTRUCT BIORETENTION DEVICE UPON STABILIZATION OF CONTRIBUTING DRAINAGE AREA. 9. IMPLEMENT TEMPORARY AND PERMANENT EROSION CONTROL PRACTICES. 10. PLANT AND/OR ROCK MULCH BIORETENTION DEVICE. =N s° 11. REMOVE TEMPORARY EROSION CONTROL DEVICES AFTER THE CONTRIBUTING DRAINAGE AREA IS ADEQUATELY VEGETATED. METAL POSTS 8'-0" O.C. MAX. BIO -FILTRATION BASIN (RAIN GARDEN - TYP.) SEDIMENT FENCE 5NTS : NTS 02STABILIZED CONSTRUCTION ACCESS 6 AMENDED SOIL DETAIL NTS NTS 'B' TAMP THE TRENCH FULL OF SOIL. SECURE WITH ROW OF STAPLES, 10" SPACING, 4" DOWN FROM TRENCH r� 'C' OVERLAP: BURY UPPER E OF LOWER STRIP AS IN'A' ANDS'. OVERLAP END OF TOP STRIP 4" AND STAPLE.. 'D' EROSION STOP: FOLD OF MATTIt BURIED IN SILT TRENCH AND TAMPED. DOUBLEROW OF STAPLES. PLACE STAPLES 2 FEET APART TO KEEP MATTING FIRMLY PRESSED TO SOIL. 3 EROSION BLANKET NTS 'A' BURYTHETOPENDOFTHE MATTING INA TRENCH 4" OR MORE IN DEPTH NOTE: 1. PLACE STAPLES 2 FEET APART TO KEEP MATTING FIRMLY PRESSED TO SOIL. TYPICAL STAPLE #8 GAUGE WIRE GENERAL NOTES 1. IN THE EVENT THAT SEDIMENT IS INTRODUCED INTO THE BMP DURING OR IMMEDIATELY FOLLOWING EXCAVATION, THIS MATERIAL SHALL BE REMOVED FROM THE PRACTICE PRIOR TO CONTINUING CONSTRUCTION. 2. GRADING OF BIORETENTION DEVICES SHALL BE ACCOMPLISHED USING LOW -COMPACTION EARTH -MOVING EQUIPMENT TO PREVENT COMPACTION OF UNDERLYING SOILS. 3. ALL SUB MATERIALS BELOW THE SPECIFIED BIORETENTION DEPTH (ELEVATION) SHALL BE UNDISTURBED, UNLESS OTHERWISE NOTED. 'fl�fl��a Com, GS CO M p it Engineering' Surveying' Landscape A,c itecWre 4937 W. 35th Street, Suite 200 S . Louts Park, MN 55416 civiisitegmup.cam 612-615-0060 V! 0 O O 3: U) F_ W Z W co Lu J m W a Z Y a ❑ I HEREBY CERTIFY THAT THIS PLAN, SPECIFICATION, OR REPORT WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND THAT I AM A DULY LICENSED PROFESSIONAL ENGINEER UNDER THE LAWS OF THE STATE OF MINNESOTA. IO'-.,�,� �"J- 91'- David J. Knaeble OATS 3/26/18 LICENSE NO. 48776 ISSUE/SUBMITTAL SUMMARY REVISION SUMMARY DATE DESCRIPTION SWPPP - DETAI SW 1.2 PLANT GRASS SEED OR SOD 8" COMPOST /AMENDED SOIL. INCORPORATE 2" OF COMPOST TO AN 8" DEPTH. 4" SCARIFIED SUBSOIL H III=III I� 11=1 I NATIVE SOIL Illlll �IIIIIIIII-Ili i� �II�fl 02STABILIZED CONSTRUCTION ACCESS 6 AMENDED SOIL DETAIL NTS NTS 'B' TAMP THE TRENCH FULL OF SOIL. SECURE WITH ROW OF STAPLES, 10" SPACING, 4" DOWN FROM TRENCH r� 'C' OVERLAP: BURY UPPER E OF LOWER STRIP AS IN'A' ANDS'. OVERLAP END OF TOP STRIP 4" AND STAPLE.. 'D' EROSION STOP: FOLD OF MATTIt BURIED IN SILT TRENCH AND TAMPED. DOUBLEROW OF STAPLES. PLACE STAPLES 2 FEET APART TO KEEP MATTING FIRMLY PRESSED TO SOIL. 3 EROSION BLANKET NTS 'A' BURYTHETOPENDOFTHE MATTING INA TRENCH 4" OR MORE IN DEPTH NOTE: 1. PLACE STAPLES 2 FEET APART TO KEEP MATTING FIRMLY PRESSED TO SOIL. TYPICAL STAPLE #8 GAUGE WIRE GENERAL NOTES 1. IN THE EVENT THAT SEDIMENT IS INTRODUCED INTO THE BMP DURING OR IMMEDIATELY FOLLOWING EXCAVATION, THIS MATERIAL SHALL BE REMOVED FROM THE PRACTICE PRIOR TO CONTINUING CONSTRUCTION. 2. GRADING OF BIORETENTION DEVICES SHALL BE ACCOMPLISHED USING LOW -COMPACTION EARTH -MOVING EQUIPMENT TO PREVENT COMPACTION OF UNDERLYING SOILS. 3. ALL SUB MATERIALS BELOW THE SPECIFIED BIORETENTION DEPTH (ELEVATION) SHALL BE UNDISTURBED, UNLESS OTHERWISE NOTED. 'fl�fl��a Com, GS CO M p it Engineering' Surveying' Landscape A,c itecWre 4937 W. 35th Street, Suite 200 S . Louts Park, MN 55416 civiisitegmup.cam 612-615-0060 V! 0 O O 3: U) F_ W Z W co Lu J m W a Z Y a ❑ I HEREBY CERTIFY THAT THIS PLAN, SPECIFICATION, OR REPORT WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND THAT I AM A DULY LICENSED PROFESSIONAL ENGINEER UNDER THE LAWS OF THE STATE OF MINNESOTA. IO'-.,�,� �"J- 91'- David J. Knaeble OATS 3/26/18 LICENSE NO. 48776 ISSUE/SUBMITTAL SUMMARY REVISION SUMMARY DATE DESCRIPTION SWPPP - DETAI SW 1.2 GENERAL SWPPP REQUIREMENTS AND NOTES: THE CONTRACTOR AND ALL SUBCONTRACTORS INVOLVED WITH A CONSTRUCTION ACTIVITY THAT DISTURBS SITE SOIL OR WHO IMPLEMENT A POLLUTANT CONTROL MEASURE IDENTIFIED IN THE STORM WATER POLLUTION PREVENTION PLAN (SWEEP) MUST COMPLY WITH THE REQUIREMENTS OF THE NATIONAL POLLUTION DISCHARGE ELIMINATION SYSTEM (NPDES) GENERAL PERMIT (DATED AUGUST 1, 2013 # MNRI 00001 PAGES 1-35) AND ANY LOCAL GOVERNING AGENCY HAVING JURISDICTION CONCERNING EROSION AND SEDIMENTATION CONTROL. PART III STORMWATER DISCHARGE DESIGN REQUIREMENTS SWPPP (PART III.A) THE NATURE OF THIS PROJECT WILL BE CONSISTENT WITH WHAT IS REPRESENTED IN THIS SET OF CONSTRUCTION PLANS AND SPECIFICATIONS. SEE THE SWPPP PLAN SHEETS AND SWPPP NARRATIVE (ATTACHMENT A: CONSTRUCTION SWPPP TEMPLATE) FOR ADDITIONAL SITE SPECIFIC SWPPP INFORMATION. THE PLANS SHOW LOCATIONS AND TYPES OF ALL TEMPORARY AND PERMANENT EROSION PREVENTION AND SEDIMENT CONTROL BMP'S. STANDARD DETAILS ARE ATTACHED TO THIS SWPPP DOCUMENT. THE INTENDED SEQUENCING OF MAJOR CONSTRUCTION ACTIVITIES IS AS FOLLOWS: 1. INSTALL STABILIZED ROCK CONSTRUCTION ENTRANCE 2. NSTALLATION OF SILT FENCE AROUND SITE 3. INSTALL ORANGE CONSTRUCTION FENCING AROUND INFILTRATION AREAS. 4. CLEAR AND GRUB FOR TEMPORARY SEDIMENT BASIN / POND INSTALL 5. CONSTRUCT TEMPORARY SEDIMENT BASIN / POND (PART III.B) 6. CLEAR AND GRUB REMAINDER OF SITE 7. STRIP AND STOCKPILE TOPSOIL B. ROUGH GRADING OF SITE 9. STABILIZE DENUDED AREAS AND STOCKPILES 10. INSTALL SANITARY SEWER, WATER MAIN STORM SEWER AND SERVICES 11. INSTALL SILT FENCE / INLET PROTECTION AROUND CB'S 12. INSTALL STREET SECTION 13. INSTALL CURB AND GUTTER 14. BITUMINOUS ON STREETS 15. FINAL GRADE BOULEVARD, INSTALL SEED AND MULCH 16. REMOVE ACCUMULATED SEDIMENT FROM BASIN / POND 17. FINAL GRADE POND / INFILTRATION BASINS (DO NOT COMPACT SOILS IN INFILTRATION AREAS.) (PART III.C) 18. WHEN ALL CONSTRUCTION ACTIVITY IS COMPLETE AND THE SITE IS STABILIZED BY EITHER SEED OR SONLANDSCAPING, REMOVE SILT FENCE AND RESEED ANY AREAS DISTURBED BY THE REMOVAL. RECORDS RETENTION (PART III.E): THE SWPPP (ORIGINAL OR COPIES) INCLUDING, ALL CHANGES TO IT, AND INSPECTIONS AND MAINTENANCE RECORDS MUST BE KEPT AT THE SITE DURING CONSTRUCTION BY THE PERMITTEE WHO HAS OPERATIONAL CONTROL OF THAT PORTION OF THE SITE. THE SWPPP CAN BE KEPT IN EITHER THE FIELD OFFICE OR IN AN ON SITE VEHICLE DURING NORMAL WORKING HOURS. ALL OWNER(S) MUST KEEP THE SWPPP, ALONG WITH THE FOLLOWING ADDITIONAL RECORDS, ON FILE FOR THREE (3) YEARS AFTER SUBMITTAL OF THE NOT AS OUTLINED IN PART II.C. THIS DOES NOT INCLUDE ANY RECORDS AFTER SUBMITTAL OF THE NOT. 1. THE FINAL SWPPP; 2. ANY OTHER STORMWATER RELATED PERMITS REQUIRED FOR THE PROJECT; 3. RECORDS OF ALL INSPECTION AND MAINTENANCE CONDUCTED DURING CONSTRUCTION (SEE PART IV.E. INSPECTIONS AND MAINTENANCE); 4. ALL PERMANENT OPERATION AND MAINTENANCE AGREEMENTS THAT HAVE BEEN IMPLEMENTED, INCLUDING ALL RIGHT OF WAY, CONTRACTS, COVENANTS AND OTHER BINDING REQUIREMENTS REGARDING PERPETUAL MAINTENANCE; AND 5. ALL REQUIRED CALCULATIONS FOR DESIGN OF THE TEMPORARY AND PERMANENT STORMWATER MANAGEMENT SYSTEMS. SWPPP IMPLEMENTATION RESPONSIBILITIES: 1. THE OWNER AND CONTRACTOR ARE PERMITTEE(S) AS IDENTIFIED BY THE NPDES PERMIT. 2. CONTRACTOR SHALL BE RESPONSIBLE FOR ALL ONSITE IMPLEMENTATION OF THE SWPPP, INCLUDING THE ACTIVITIES OF ALL OF THE CONTRACTOR'S SUBCONTRACTORS. 3. CONTRACTOR SHALL PROVIDE A PERSON(S) KNOWLEDGEABLE AND EXPERIENCED IN THE APPLICATION OF EROSION PREVENTION AND SEDIMENT CONTROL BMPS TO OVERSEE ALL INSTALLATION AND MAINTENANCE OF BMPS AND IMPLEMENTATION OF THE SWPPP. 4. CONTRACTOR SHALL PROVIDE PERSON(S) MEETING THE TRAINING REQUIREMENTS OF THE NPDES PERMIT TO CONDUCT INSPECTION AND MAINTENANCE OF ALL EROSION PREVENTION AND SEDIMENT CONTROL BMPS IN ACCORDANCE WITH THE REQUIREMENTS OF THE PERMIT. ONE OF THESE INDIVIDUAL(S) MUST BE AVAILABLE FOR AN ONSITE INSPECTION WITHIN 72 HOURS UPON REQUEST BY MPCA. CONTRACTOR SHALL PROVIDE TRAINING DOCUMENTATION FOR THESE INDIVIDUAL(S) AS REQUIRED BY THE NPDES PERMIT THIS TRAINING DOCUMENTATION SHALL BE RECORDED IN OR WITH THE SWPPP BEFORE THE START OF CONSTRUCTION OR AS SOON AS THE PERSONNEL FOR THE PROJECT HAVE BEEN DETERMINED, DOCUMENTATION SHALL INCLUDE: 4.1. NAMES. OF THE PERSONNEL ASSOCIATED WITH THE PROJECT THAT ARE REQUIRED TO BE TRAINED PER PART III.F.I OF THE PERMIT. 4.2. DATES OF TRAINING AND NAME OF INSTRUCTOR AND ENTITY PROVIDING TRAINING. 4.3. CONTENT OF TRAINING COURSE OR WORKSHOP INCLUDING THE NUMBER OF HOURS OF TRAINING. 5. FOLLOWING FINAL STABILIZATION AND THE TERMINATION OF COVERAGE FOR THE NPDES PERMIT, THE OWNER IS EXPECTED TO FURNISH LONG TERM OPERATION AND MAINTENANCE (0 &M) OF THE PERMANENT STORM WATER MANAGEMENT SYSTEM. PART IV. CONSTRUCTION ACTIVITY REQUIREMENTS CONSTRUCTION ACTIVITY FIELD REQUIREMENTS: 1. ALL FIELD REQUIREMENTS SHALL BE PERFORMED IN ACCORDANCE WITH THE REQUIREMENTS OF THE NPDES PERMIT AND STORMWATER POLLUTION PREVENTION PLAN (SWPPP). 2. THE CONTRACTOR MUST IMPLEMENT THE SWPPP AND PROVIDE BMPS IDENTIFIED IN THE SWPPP IN AN APPROPRIATE AND FUNCTION MANNER. 3. THE CONTRACTOR SHALL RESPOND TO CHANGING SITE CONDITIONS AND IMPLEME14TISUPPLEMENT EROSION PREVENTION AND SEDIMENT CONTROL MEASURES UTILIZED TO PROVIDE ADEQUATE PROTECTION OF DISTURBED SOILS AND ADEQUATE PREVENTION OF SEDIMENT TRANSPORT OFFSITE. ATA MINIMUM, THE FOLLOWING STORMWATER POLLUTION PREVENTION CONSTRUCTION ACTIVITY FIELD REQUIREMENTS SHALL BE FURNISHED BY THE CONTRACTOR. EROSION PREVENTION (PART IV.B): THE CONTRACTOR IS RESPONSIBLE FOR PLANING FOR AND IMPLEMENTING APPROPRIATE CONSTRUCTION PHASING, VEGETATIVE BUFFER STRIPS, HORIZONTAL SLOPE GRADING, AND OTHER CONSTRUCTION PRACTICES THAT MINIMIZE EROSION, SO THAT THE INSPECTION AND MAINTENANCE REQUIREMENTS OF PART IV.E. ARE COMPLIED WITH. THE LOCATION OF AREAS NOT TO BE DISTURBED MUST BE DELINEATED (E.G. WITH FLAGS, STAKES, SIGNS, SILT FENCE ETC.) ON THE DEVELOPMENT SITE BEFORE WORK BEGINS. ALL EXPOSED SOIL AREAS MUST BE STABILIZED AS SOON AS POSSIBLE TO LIMIT SOIL EROSION BUT NO LATER THAN THE END OF THE NEXT WORK DAY WHEN EARTH -DISTURBING ACTIVITIES WILL CEASE FOR AT LEAST 14 DAYS. TEMPORARY STOCKPILES WITHOUT SIGNIFICANT SILT, CLAY OR ORGANIC COMPONENTS (E.G., CLEAN AGGREGATE STOCKPILES, DEMOLITION CONCRETE STOCKPILES, SAND STOCKPILES) AND THE CONSTRUCTED BASE COMPONENTS OF ROADS, PARKING LOTS AND SIMILAR SURFACES ARE EXEMPT FROM THIS REQUIREMENT BUT MUST COMPLY WITH PART V.C.5. SOILS WITHIN 200 FEET OF A PUBLIC WATER (AS DESIGNATED BY THE MINNESOTA DNR) MUST BE STABILIZED WITHIN 24 HOURS DURING FISH SPAWNING TIMES. THE NORMAL WETTED PERIMETER OF ANY TEMPORARY OR PERMANENT DRAINAGE DITCH OR SWALE THAT DRAINS WATER FROM ANY PORTION OF THE CONSTRUCTION SITE, OR DIVERTS WATER AROUND THE SITE, MUST BE STABILIZED WITHIN 200 UNEAL FEET FROM THE PROPERTY EDGE, OR FROM THE POINT OF DISCHARGE INTO ANY SURFACE WATER, STABILIZATION OF THE LAST 200 LINEAL FEET MUST BE COMPLETED WITHIN 24 HOURS AFTER CONNECTING TO A SURFACE WATER. STABILIZATION OF THE REMAINING PORTIONS OF ANY TEMPORARY OR PERMANENT DITCHES OR SWALES MUST BE COMPLETE WITHIN 14 DAYS AFTER CONNECTING TO A SURFACE WATER AND CONSTRUCTION IN THAT PORTION OF THE DITCH HAS TEMPORARILY OR PERMANENTLY CEASED. TEMPORARY OR PERMANENT DITCHES OR SWALES THAT ARE BEING USED AS A SEDIMENT CONTAINMENT SYSTEM (WITH PROPERLY DESIGNED ROCK DITCH CHECKS, BIO ROLLS, SILT DIKES ETC.) DO NOT NEED TO BE STABILIZED. THESE AREAS MUST BE STABILIZED WITHIN 24 HOURS AFTER NO LONGER BEING USED AS A SEDIMENT CONTAINMENT SYSTEM. PIPE OUTLETS MUST BE PROVIDED WITH TEMPORARY OR PERMANENT ENERGY DISSIPATION WITHIN 24 HOURS AFTER CONNECTION TO A SURFACE WATER. SEED NOTES (PART III.A.4.A): ALL SEED MIXES AND APPLICATION SHALL BE IN ACCORDANCE WITH THE MNDOT SEEDING MANUAL. GENERAL RECOMMENDATIONS: IMMEDIATELY BEFORE SEEDING THE SOIL SHALL BE TILLED TO A MINIMUM DEPTH OF 3INCHES. TEMPORARY EROSION CONTROL SEEDING, MULCHING & BLANKET. SEED • TEMPORARY SEED SHALL BE MNDOT SEED MIX 21-112 (WINTER WHEAT COVER CROP)FOR WINTER AND 21-111(OATS COVER CROP)FOR SPRING/SUMMER APPLICATIONS. BOTH SEED MIXES SHALL BE APPLIED AT A SEEDING RATE OF 100 LBS/ACRE. MULCH • IMMEDIATELY AFTER SEEDING, WITHIN 24 HOURS, MNDOT TYPE I MULCH SHOULD BE APPLIED TO PROTECT AND ENHANCE SEED GERMINATION. MULCH SHALL BE APPLIED AT 90% COVERAGE (2 TONS PER ACRE OF STRAW MULCH) SLOPES • 3:1 (HORIZ(VERT.) OR FLATTER MUCH SHALL BE COVERED WITH MULCH • SLOPES STEEPER THAN 3:1 OR DITCH BOTTOMS SHALL BE COVERED WITH EROSION CONTROL BLANKET. • SEE PLAN FOR MORE DETAILED DITCH AND STEEP SLOPE EROSION CONTROL TREATMENTS. SEDIMENT CONTROL (PART IV.C): SEDIMENT CONTROL PRACTICES MUST MINIMIZE SEDIMENT FROM ENTERING SURFACE WATERS, INCLUDING CURB AND GUTTER SYSTEMS AND STORM SEWER INLETS. S. TEMPORARY OR PERMANENT DRAINAGE DITCHES AND SEDIMENT BASINS THAT ARE DESIGNED AS PART OF A SEDIMENT CONTAINMENT SYSTEM (E.G., DITCHES WITH ROCK CHECK DAMS) REQUIRE SEDIMENT CONTROL PRACTICES ONLY AS APPROPRIATE FOR SITE CONDITIONS. b. IF THE DOWN GRADIENT TREATMENT SYSTEM IS OVERLOADED, ADDITIONAL UPGRADIENT SEDIMENT CONTROL PRACTICES OR REDUNDANT BMPS MUST BE INSTALLED TO ELIMINATE THE OVERLOADING, AND THE SWPPP MUST BE AMENDED TO IDENTIFY THESE ADDITIONAL PRACTICES AS REQUIRED IN PART III.AA A. THROUGH C. C . IN ORDER TO MAINTAIN SHEET FLOW AND MINIMIZE RILLS AND/OR GULLIES, THERE SHALL BE NO UNBROKEN SLOPE LENGTH OF GREATER THAN 75 FEET FOR SLOPES WITH A GRADE OF 3:1 OR STEEPER. SEDIMENT CONTROL PRACTICES MUST BE ESTABLISHED ON ALL DOWN GRADIENT PERIMETERS BEFORE ANY UPGRADIENT LAND DISTURBING ACTIVITIES BEGIN. THESE PRACTICES SHALL REMAIN IN PLACE UNTIL FINAL STABILIZATION HAS BEEN ESTABLISHED IN ACCORDANCE WITH PART IV.G. THE TIMING OF THE INSTALLATION OF SEDIMENT CONTROL PRACTICES MAYBE ADJUSTED TO ACCOMMODATE SHORT-TERM ACTIVITIES SUCH AS CLEARING OR GRUBBING, OR PASSAGE OF VEHICLES. ANY SHORT-TERM ACTIVITY MUST BE COMPLETED AS QUICKLY AS POSSIBLE AND THE SEDIMENT CONTROL PRACTICES MUST BE INSTALLED IMMEDIATELY AFTER THE ACTIVITY IS COMPLETED. HOWEVER, SEDIMENT CONTROL PRACTICES MUST BE INSTALLED BEFORE THE NEXT PRECIPITATION EVENT EVEN IF THE ACTIVITY IS NOT COMPLETE. ALL STORM DRAIN INLETS MUST BE PROTECTED BY APPROPRIATE BMPS DURING CONSTRUCTION UNTIL ALL SOURCES WITH POTENTIAL FOR DISCHARGING TO THE INLET HAVE BEEN STABILIZED. INLET PROTECTION MAYBE REMOVED FOR A PARTICULAR INLET IF A SPECIFIC SAFETY CONCERN (STREET FLGODING/FREEZING) HAS BEEN IDENTIFIED AND THE PERMITTEE(S) HAVE RECEIVED WRITTEN CORRESPONDENCE FROM THE JURISDICTIONAL AUTHORITY (E.G. CITY/COUNTY/TOWNSHIP/MNDOT ENGINEER) VERIFYING THE NEED FOR REMOVAL. THE WRITTEN CORRESPONDENCE MUST BE DOCUMENTED IN THE SWPPP OR AVAILABLE WITHIN 72 HOURS UPON REQUEST. WHEN WRITTEN CORRESPONDENCE CANNOT BE OBTAINED INATIMELYMANNER,THESPECIFIC INLET PROTECTION CAN BE REMOVED TO ALLEVIATE THE IMMEDIATE SAFETY CONCERN. HOWEVER, EFFORTS TO OBTAIN WRITTEN CORRESPONDENCE MUST BE DOCUMENTED IN THE SWPPP AND AVAILABLE WITHIN 72 HOURS UPON REQUEST. PERMISSION TO REMOVE INLET PROTECTION BASED ON A SPECIFIC SAFETY CONCERN MUST STILL BE OBTAINED FROM THE JURISDICTIONAL AUTHORITY WITHIN 30 DAYS OF REMOVAL. TEMPORARY SOIL STOCKPILES MUST HAVE SILT FENCE OR OTHER EFFECTIVE SEDIMENT CONTROLS, AND CANNOT BE PLACED IN SURFACE WATERS, INCLUDING STORMWATER CONVEYANCES SUCH AS CURB AND GUTTER SYSTEMS, OR CONDUITS AND DITCHES UNLESS THERE IS A BYPASS IN PLACE FOR THE STORMWATER. VEHICLE TRACKING OF SEDIMENT FROM THE CONSTRUCTION SITE (OR ONTO STREETS WITHIN THE SITE) MUST BE MINIMIZED BY BMPS SUCH AS STONE PADS, CONCRETE OR STEEL WASH RACKS, OR EQUIVALENT SYSTEMS. STREET SWEEPING MUST BE USED IF SUCH BMPS ARE NOTADEQUATE TO PREVENT SEDIMENT FROM BEING TRACKED ONTO THE STREET (SEE PART IV.E.4.D J. THE PERMITEE MUST MINIMIZE SOIL COMPACTION AND, UNLESS INFEASIBLE, PRESERVE TOPSOIL. MINIMIZING SOIL COMPACTION IS NOT REQUIRED WHERE THE FUNCTION OF THE SPECIFIC AREA OF THE SITE DICTATES THAT IT BE COMPACTED. METHODS FOR MINIMIZING COMPACTION INCLUDE THE USE OF TRACKED EQUIPMENT, AND STAYING OFF OF AREAS TO BE LEFT UN -COMPACTED. METHODS TO PRESERVE TOPSOIL INCLUDE STRIPPING AND STOCKPILING TOPSOIL PRIOR TO GRADING OR EXCAVATION OPERATIONS. THE PERMITTEE MUST INSTALL TEMPORARY SEDIMENTATION BASINS AS REQUIRED IN PART III.B. OF THIS PERMIT. DEWATERING AND BASIN DRAINING (PART IV.D): DEWATERING OR BASIN DRAINING (E.G., PUMPED DISCHARGES, TRENCH/DITCH CUTS FOR DRAINAGE) RELATED TO THE CONSTRUCTION ACTIVITY THAT MAY HAVE TURBID OR SEDIMENT LADEN DISCHARGE WATER MUST BE DISCHARGED TO A TEMPORARY OR PERMANENT SEDIMENTATION BASIN ON THE PROJECT SITE WHENEVER POSSIBLE. IF THE WATER CANNOT BE DISCHARGED TO A SEDIMENTATION BASIN PRIOR TO ENTERING THE SURFACE WATER, IT MUST BE TREATED WITH THE APPROPRIATE BMP'S SUCH THAT THE DISCHARGE DOES NOT ADVERSELY AFFECT THE RECEIVING WATER, DOWNSTREAM LANDOWNERS OR WETLANDS. THE CONTRACTOR MUST ENSURE THAT DISCHARGE POINTS ARE ADEQUATELY PROTECTED FROM ERGS ON AND SCOUR THE DISCHARGE MUST BE DISPERSED OVER NATURAL ROCK RIPRAP, SAND BAGS, PLASTIC SHEATHING OR OTHER ACCEPTED ENERGY DISSIPATION MEASURES. ADEQUATE SEDIMENTATION CONTROL MEASURES ARE REQUIRED FOR DISCHARGE WATER THAT CONTAINS SUSPENDED SOLIDS. FILTER BACKWASH WATERS MUST BE HAULED AWAY FOR DISPOSAL, RETURNED TO THE BEGINNING OF THE TREATMENT PROCESS, OR INCORPORATE INTO THE SITE IN A MANNERTHAT DOES NOT CAUSE EROSION. DISCHARGE OF THE BACKWASH WATER TO SANITARY SEWER IS ALLOWED WITH PERMISSION OF THE SANITARY SEWER AUTHORITY. INSPECTIONS AND MAINTENANCE (PART IV.E): THE CONTRACTOR IS RESPONSIBLE AT ALL TIMES FOR THE MAINTENANCE AND PROPER OPERATION OF EROSION AND SEDIMENT CONTROL FACILITIES. THE CONTRACTOR SHALL ATA MINIMUM, INSPECT, MAINTAIN AND REPAIR ALL DISTURBED SURFACES AND ALL EROSION AND SEDIMENT CONTROL FACILITIES AND SOIL STABILIZATION MEASURES ONCE EVERY SEVEN (7) DAYS DURING ACTIVE CONSTRUCTION AND WITHIN 24 HOURS FOLLOWING A RAINFALL OF 0.6 INCHES OR GREATER AND WITHIN 7 DAYS AFTER THAT. CONTINUE INSPECTION ACTIVITIES UNTIL LAND -DISTURBING ACTIVITY HAS CEASED. THEREAFTER THE CONTRACTOR SHALL PERFORM THESE RESPONSIBILITIES AT LEAST WEEKLY UNTIL VEGETATIVE COVER IS ESTABLISHED. INSPECTIONS MUST INCLUDE STABILIZED AREAS, EROSION PREVENTION AND SEDIMENT CONTROL BMP'S AND INFILTRATION AREAS. BASED ON INSPECTION RESULTS THE CONTRACTOR MAY MODIFY THE SWPPP IN ORDER TO PREVENT POLLUTANTS FROM LEAVING THE SITE VIA STORM WATER RUNOFF. THIS MODIFICATION MUST BE MADE WITHIN 7 CALENDAR DAYS OF THE INSPECTION UNLESS OTHERWISE REQUIRED BY THE TERMS OF THE PERMIT, LEGAL, REGULATORY, OR PHYSICAL ACCESS CONSTRAINTS. INSPECTION REPORTS MUST BE RECORDED WITHIN 24 HOURS IN WRITING AND KEPT ON FILE BY THE CONTRACTOR AS AN INTEGRAL PART OF THE SWPPP ON SITE AND THEN FOR AT LEAST 3 YEARS FROM THE DATE OF COMPLETION OF THIS PROJECT. ALL PERIMETER CONTROL DEVICES MUST BE REPAIRED, REPLACED OR SUPPLEMENTED WHEN THEY BECOME NONFUNCTIONAL OR THE SEDIMENT REACHES 112 OF THE HEIGHT OF THE DEVICE. THESE REPAIRS MUST BE MADE BY THE END OF THE NEXT BUSINESS DAY AFTER DISCOVERY, OR THEREAFTER AS SOON AS FIELD CONDITIONS ALLOW ACCESS. REMOVE ALL DELTAS AND SEDIMENT DEPOSITED IN SURFACE WATERS INCLUDING DRAINAGE WAYS CATCH BASINS AND OTHER DRAINAGE SYSTEMS, AND RESTABILIZE THE AREAS WHERE SEDIMENT REMOVAL RESULTS IN EXPOSED TOPSOIL. THIS REMOVAL AND STABILIZATION MUST TAKE PLACE WITHIN 7 DAYS OF DISCOVERY UNLESS PRECLUDED BY LEGAL, REGULATORY, OR PHYSICAL ACCESS CONSTRAINTS. SEE (ATTACHMENT A: CONSTRUCTION SWPPP TEMPLATE) FOR SITE SPECIFIC INSPECTIONS AND MAINTENANCE REQUIREMENTS. POLLUTION PREVENTION MANAGEMENT (PART IV.F): THE CONTRACTOR SHALL IMPLEMENT THE FOLLOWING POLLUTION PREVENTION MANAGEMENT MEASURES ON THE SITE: SOLID WASTE: COLLECTED SEDIMENT, ASPHALT AND CONCRETE MILLINGS, FLOATING DEBRIS, PAPER, PLASTIC, FABRIC, CONSTRUCTION AND DEMOLITION DEBRIS AND OTHER WASTES MUST BE DISPOSED OF PROPERLY AND MUST COMPLY WITH MINNESOTA POLLUTION CONTROL AGENCY (MPGA) DISPOSAL REQUIREMENTS. HAZARDOUS MATERIALS: OIL, GASOLINE, PAINT AND ANY HAZARDOUS SUBSTANCES MUST BE PROPERLY STORED, INCLUDING SECONDARY CONTAINMENT, TO PREVENT SPILLS, LEAKS OR OTHER DISCHARGE. RESTRICTED ACCESS TO STORAGE AREAS MUST BE PROVIDED TO PREVENT VANDALISM. STORAGE AND DISPOSAL OF HAZARDOUS WASTE MUST BE IN COMPLIANCE WITH MPCA REGULATIONS. E%TERNAL WASHING OF TRUCKS AND OTHER CONSTRUCTION VEHICLES MUST BE LIMITED TO A DEFINED AREA OF THE SITE. RUNOFF MUST BE CONTAINED AND WASTEWATER PROPERLY DISPOSED OF. NO ENGINE DEGREASING IS ALLOWED ON SITE, CONCRETE WASHOUT: ALL LIQUID AND SOLD WASTES GENERATED BY CONCRETE WASHOUT OPERATIONS MUST BE CONTAINED IN A LEAK PROOF CONTAINMENT FACILITY OR IMPERMEABLE LINER. A COMPACTED CLAY LINER THAT DOES NOT ALLOW WASHOUT LIQUIDS TO ENTER THE GROUND IS CONSIDERED AN IMPERMEABLE LINER. THE LIQUID AND SOLID WASTES MUST NOT CONTACT THE GROUND, AND THERE MUST NOT BE RUNOFF FROM THE CONCRETE WASHOUT OPERATIONS OR AREAS. LIQUID AND SOLID WASTES MUST BE DISPOSED OF PROPERLY AND IN COMPLIANCE WITH MPCA REGULATIONS. A SIGN MUST BE INSTALLED ADJACENT TO EACH WASHOUT FACILITY TO INFORM CONCRETE EQUIPMENT OPERATORS TO UTILIZE THE PROPER FACILITIES. CONCRETE WASHOUT MAY ALSO OCCUR OFF SITE ACCORDING TO THE APPROPRIATE REGULATIONS. FUELING OPERATION PLAN: ALL FUELING SHALL TAKE PLACE AT THE DESIGNATED FUELING LOCATION AND ACCORDING TO BEST PRACTICES FOR SITE FUELING OPERATIONS AS TO MINIMIZE THE POTENTIAL FOR SPILLS. SPILL PREVENTION PLAN: ALL SPILLS SHALL BE IMMEDIATELY CLEANED UP AFTER DISCOVERY. THE SITE SUPERINTENDENT, WHO IS RESPONSIBLE FOR DAY -TODAY ONSITE CONSTRUCTION OPERATIONS WILL BE THE SPILL PREVENTION COORDINATOR AND WILL BE RESPONSIBLE FOR IMPLEMENTING CLEANUP PROCEDURES, POSTING CLEANUP RECOMMENDATIONS, AND ENSURING PROPER CLEANUP TRAINING OF APPROPRIATE PERSONNEL. SANITARY AND SEPTIC WASTE: SANITARY/SEPTIC FACILITIES SHALL BE PROVIDED AND MAINTAINED IN A NEAT AND SANITARY CONDITION, FOR THE USE OF THE CONTRACTOR'S EMPLOYEES. A LICENSED SANITARY WASTE MANAGEMENT CONTRACTOR AS REQUIRED BY STATE REGULATIONS WILL COLLECT SANITARY WASTE FROM PORTABLE UNITS. FINAL STABILIZATION (PART IV.G): THE CONTRACTOR MUST ENSURE FINAL STABILIZATION OF THE SITE ACCORDING THE DEFINITIONS IN THE NPDES GENERAL PERMIT PART IV SECTION G. THE CONTRACTOR MUST SUBMIT A NOTICE OF TERMINATION (NOT.) WITHIN 30 DAYS AFTER FINAL STABILIZATION IS COMPLETE OR WITHIN 7 DAYS AFTER SELLING THE SITE OR PORTION OF THE SITE (THAT HAS NOT UNDERGONE FINAL STABILIZATION I TO ANOTHER PARTY. A COPY OF THIS NOTICE OF TERMINATION I PERMIT MODIFICATION FORM MUST GO TO THE NEW OWNER. THE ORIGINAL CURRENT OWNER MUST PROVIDE A SWPPP TO THE NEW OWNER THAT SPECIFICALLY ADDRESSES THE REMAINING CONSTRUCTION ACTIVITY. SEE THE SWPPP PLAN SHEETS AND SWPPP NARRATIVE (ATTACHMENT A: CONSTRUCTION SWPPP TEMPLATE) AND SWPPP PLAN SHEETS FOR FINAL STABILIZATION MEASURES TRAINING (PART III.A.2) OWNER INFORMATION (cgR�lgga DESIGN ENGINEER: DAVID J. KNAEBLE P.E. OWNER: a o U p TRAINING COURSE: DESIGN OF SWPPP TRAINING ENTITY: UNIVERSITY OF MINNESOTA DAVID KNAEBLE 227 SUNNYRIDGE LANE CiNI Engineering SurveyingLandscape A,c i - INSTRUCTOR: JOHN CHAPMAN GOLDEN VALLEY, MN 55422 4931 W. 35th Street, Suite 200 DATES OF TRAINING COURSE: 8/22/2012- 8/23/2012 CONTACT: Sc Louis Park, AN 554 TOTAL TRAINING HOURS: 12 61 .101612-615-0060 DATE OF RECERTIFICATION: 4119/16 EXPIRATION: 5/31/2019 SWPPP CONTACT PERSON CONTRACTOR: SWPPP INSPECTOR TRAINING: ALL SWPPP INSPECTIONS MUST BE PERFORMED BY A PERSON THAT MEETS THE TRAINING REQUIREMENTS OF THE NPDES CONSTRUCTION SITE PERMIT. TRAINING CREDENTIALS SHALL BE PROVIDED BY THE CONTRACTOR AND KEPT ON SITE WITH THE SWPPP PARTY RESPONSIBLE FOR LONG TERM OPERATION AND MAINTENANCE OF PERMANENT STORM WATER MANAGEMENT SYSTEM PERMANENT STORMWATER MANAGEMENT IS NOT REQUIRED AS PART OF THIS PROJECT TO MEET NPDES PERMIT REQUIREMENTS. THE PROPERTY OWNER IS RESPONSIBLE FOR THE LONG TERM OPERATION AND MAINTENANCE OF THE PROPOSED STORMWATER SYSTEM. SWPPP ATTACHMENTS (ONLY APPLICABLE IF SITE IS 1 ACRE OR GREATER): NA SUPPLEMENTARY SITE SPECIFIC EROSION CONTROL NOTES: THESE NOTES SUPERCEDE ANY GENERAL SWPPP NOTES. THIS PROJECT IS LESS THAN 1.0 ACRE SO AN NPDES PERMIT IS NOT REQUIRED. THE CONTRACTOR IS REQUIRED TO FOLLOW THE GUIDELINES IN THE NPDES PERMIT THROUGHOUT CONSTRUCTION. PROJECT NARRATIVE: PROJECT IS THE SUBDIVISION OF AN EXISTING PROPERTY INTO RESIDENTIAL LOTS. SITE IMPROVEMENTS WILL OCCUR. PROJECT INFORMATION: DISTRUBED AREA = 39,000 SF T o O O W LU �m Z (L U) O Z F- °a Y F- K ❑ W °a Z H- IA Iff It a I HEREBY CERTIFY THAT THIS PLAN, SPECIFICATION, OR REPORT WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND THAT I AM A DULY LICENSED PROFESSIONAL ENGINEER UNDER THE LAWS OF THE STATE OF MINNESOTA. �� 9 1'v""'"v L David J. Knaeble OATS 3/26/18 LICENSE NO. 48776 ISSUE/SUBMITTAL SUMMARY REVISION SUMMARY DATE DESCRIPTION SWPPP - NARRATI SW1.3 For the best experience, open this PDF portfolio in Acrobat X or Adobe Reader X, or later. Get Adobe Reader Now! (reserved for recording information) DEVELOPMENT CONTRACT and PLANNED RESIDENTIAL DEVELOPMENT AGREEMENT (Developer Installed Improvements) BENNETTs WooDs Project File Numbers I8-3994 & LA 18-000025 This DEVELOPMENT CONTRACT ("Contract") dated May 29, 2018, is by and between the CITY OF ORONO, a Minnesota municipal corporation ("City"), and ArtCraft Homes, Inc., a Minnesota corporation ( "Developer"). 1. REQUEST FOR PLAT AND PLANNED RESIDENTIAL DEVELOPMENT APPROVAL. The Developer has asked the City to approve a plat and a Planned Residential Development for "Bennetts Woods" ("Plat"). The land to be subdivided by the Plat ("Land") is situated in the City of Orono, County of Hennepin, State of Minnesota, and is legally described on Exhibit A attached hereto. 2. CONDITIONS OF PLAT AND PLANNED RESIDENTIAL DEVELOPMENT APPROVAL. The City hereby approves the Plat and Planned Residential Development on condition that the Developer enters into this Contract and furnishes the security required by it. The City will cause the Plat to be duly recorded in the office of the Registrar of Titles or County Recorder in and for Hennepin County, Minnesota, promptly after compliance by the Developer with all conditions precedent to such recording pursuant to this Contract, which conditions precedent the Developer shall cause to be satisfied within 180 days after the City Council approves the final Plat. 180976 1 196841A 3. RIGHT TO PROCEED. Within the plat or land to be platted, the Developer may not grade or otherwise disturb the earth, construct sewer lines, water lines, streets, utilities, public or private improvements, or any buildings until all the following conditions have been satisfied: 1) this Contract has been fully executed by both parties and filed with the City Clerk, 2) the necessary "security" has been received by the City, and 3) the City Planner has issued a letter that all conditions have been satisfied and that the Developer may proceed. 4. PHASED DEVELOPMENT. N/A 5. PRELIMINARY PLAT STATUS. N/A 6. CHANGES IN OFFICIAL CONTROLS. For two (2) years from the date of this Contract, no amendment to the City's Comprehensive Plan, or official controls shall apply to or affect the use, development density, lot size, lot layout or dedications of the Land unless required by state or federal law or agreed to in writing by the City and the Developer. Thereafter, notwithstanding anything in this Contract to the contrary, to the full extent permitted by state law, the City may require compliance with any amendments to the City's Comprehensive Plan, official controls, platting or dedication requirements enacted after the date of this Contract with respect to property which did not receive final plat approval prior to any such amendment. 7. DEVELOPMENT PLANS. The Plat shall be developed in accordance with the following plans (collectively, the "Plans"). The Plans shall not be attached to this Contract. The erosion control plan may also be approved by Hennepin County Environmental Services and Minnehaha Creek Watershed District (the "MCWD"). If the Plans vary from the terms of this Contract, the terms of this Contract shall control. The Plans are: Plan A — Plat of Bennetts Woods Plan B — Grading, Drainage, and Erosion Control Plan Plan C — Landscape Plan Plan D — SWPPP Plan Plan E —Conservation Plan Plan F — Tree Preservation Plan Plan G — Utility Plan Plan H — Stormwater Maintenance Plan 180976 196841A 2 8. IMPROVEMENTS. The Developer shall install and pay for the following as required to be built in accordance with the approved Plans (the "Improvements"): A. Site Grading, and Erosion Control B. Setting of Iron Monuments C. Surveying and Staking D. Stormwater Management Facilities, Ponding, & Raingardens E. Underground Utilities - Sanitary Sewer & Water Supply Systems F. Retaining Walls The Improvements shall be installed in accordance with the City subdivision ordinance; City standard specifications for utilities; and any other ordinances including those concerning erosion and drainage and any prohibiting grading, construction activity, and the use of power equipment. The Developer shall submit plans and specifications which have been prepared by a competent registered professional engineer to the City for approval by the City Engineer. The Developer shall instruct its engineer to provide adequate field inspection personnel to assure an acceptable level of quality control. In addition, the City may, at the City's discretion and at the Developer's expense, have one or more City inspectors and an engineer inspect the work as the City may reasonably determine. The Developer, its contractors and subcontractors, shall follow all instructions received from the City's inspectors. The Developer's engineer shall provide for on- site project management. The Developer's engineer is responsible for design changes and contract administration between the Developer and the Developer's contractor. The Developer or its engineer shall schedule a pre -construction meeting at a mutually agreeable time at the City Council chambers with all parties concerned, including the City staff, to review the program for the construction work. Within thirty (30) days after the completion of the Improvements and before the "security" is released, the Developer shall supply the City with a complete set of reproducible "as constructed" Plans, and an electronic file of the "as constructed" Plans in an auto CAD file based upon the Hennepin County coordinate system, all prepared in accordance with City standards. 9. IRON MONUMENTS. In accordance with Minnesota Statutes Section 505.021 and the Orono City Code, the final placement of iron monuments for all lot corners must be completed before the "security" is released. The Developer's surveyor shall submit a written notice to the City certifying that the monuments have been installed. 180976 3 196841A 10. PERMITS. The Developer shall obtain or require its contractors and subcontractors to obtain all necessary permits, including but not limited to the following to the extent required: • DNR for Dewatering • City of Orono for Building Permits, ROW Permits, Sewer & Water Permits • Minnehaha Creek Watershed District for erosion control permit and storm water management permit • NPDES Permits (National Pollutant Discharge Elimination Systems) issued by MPCA 11. DEWATERING. Due to the variable nature of groundwater levels and stormwater flows, it will be the Developer's and the Developer's contractors' and subcontractors' responsibility to satisfy themselves with regard to the elevation of groundwater in the area and the level of effort needed to perform dewatering and storm flow routing operations. All dewatering shall be in accordance with all applicable county, state, and federal rules and regulations. DNR regulations regarding appropriations permits shall also be strictly followed. 12. TIME OF PERFORMANCE. The Developer shall install all Improvements as contemplated by Section 8 and the approved Plans by December 31, 2019. The Developer may, however, request an extension of time from the City. If an extension is granted, it shall be conditioned upon updating the "security" to reflect cost increases and the extended completion date. 13. LICENSE. The Developer hereby grants the City, its agents, employees, officers and contractors a license to enter the Land to perform all work and inspections deemed appropriate by the City in conjunction with development of the Land. 14. EROSION CONTROL. Prior to initiating site grading, the storm water pollution prevention plan, and the erosion control plan shall be implemented by the Developer and inspected and approved by the City. The City may impose additional erosion control requirements if reasonably required. All areas disturbed by excavation and backfilling operations shall be reseeded within five (5) days after the completion of the work, weather permitting, or in an area that is inactive for more than ten (10) days unless authorized and approved by the City Engineer. Except as otherwise provided in the erosion control plan, seed shall be in accordance with the City's current seeding specification which may include certified oat seed to provide a temporary ground cover as rapidly as possible. All seeded areas shall be fertilized, mulched, and disc anchored as necessary for seed retention. The parties recognize that time is of the essence in controlling erosion. If the Developer does not comply with the erosion control plan and schedule or supplementary instructions received from the City, the City may take such action as it deems appropriate to control erosion. The 180976 4 196841A City will endeavor to notify the Developer in advance of any proposed action, but failure of the City to do so will not affect the Developer's and City's rights or obligations hereunder. If the Developer does not reimburse the City for any cost the City incurred for such work within ten (10) days, the City may draw down the "security" to pay any costs. No development, utility or street construction will be allowed and no building permits will be issued unless the Land is in full compliance with the approved erosion control plan. 15. GRADING. The Land shall be graded in accordance with the approved grading, drainage, and erosion control plan, Plan `B". The plan shall conform to City of Orono specifications. Within thirty (30) days after completion of the grading and before the City approves individual building permits the Developer shall provide the City with an "as constructed" grading plan certified by a registered land surveyor or engineer that all ponds, swales, and ditches for public drainage have been constructed on public easements or land owned by the City. Notwithstanding the foregoing, the City may issue building permits to the Developer, prior to completion of all grading, provided the City Engineer has determined that adequate erosion control measures are in place. The "as constructed" plan shall include field verified elevations of the following: a) cross sections of ponds; b) location and elevations along all swales, wetlands, wetland mitigation areas if any, and ditches, locations and dimensions of borrow areas/stockpiles, and installed "conservation area" posts; and c) lot corner elevations, and house pads. The City will withhold issuance of building permits until the approved certified grading plan is on file with the City and all erosion control measures are in place as determined by the City Engineer. The Developer certifies to the City that all lots with house footings placed on fill will have been monitored and constructed to meet or exceed FHA/HUD 79G specifications. 16. CLEAN UP. The Developer shall clean dirt and debris from streets that has resulted from construction work by the Developer, builders, subcontractors, their agents or assigns. Prior to any construction on the Land, the Developer shall comply with all recommendations of the City staff and City Engineer regarding site cleanup and restoration, including but not limited to contaminated soil removal, junk and debris removal, etc. Also, prior to any construction on the Land, the Developer shall identify in writing a responsible party and schedule for erosion control, street cleaning, and street sweeping. 17. OWNERSHIP OF IMPROVEMENTS. Upon completion of the work and construction required by this Contract and final acceptance by the City, the improvements lying within public easements shall become City property without further notice or action. 180976 o 196841A 18. CITY ENGINEERING ADMINISTRATION AND CONSTRUCTION OBSERVATION. The Developer shall pay a fee for engineering administration. City engineering administration will include monitoring of construction observation, consultation with Developer and its engineer on status or problems regarding the project, coordination for final inspection and acceptance, project monitoring during the warranty period, and processing of requests for reduction in the "security." Fees for this service shall be at standard hourly rates. These fees shall be billed monthly. Contemporaneously with the execution of this Contract, the Developer shall deposit $10,000.00 cash with the City ("Escrow"). All accrued interest, if any, shall be paid to the City to reimburse the City for its cost in administering the escrow account. The purpose of the Escrow is to guarantee reimbursement to the City for all out-of-pocket costs (including, but not limited to, planning, engineering oversight, or legal consultant review) the City has incurred or will incur related to the Development and for all out-of-pocket costs the City has incurred or will incur to assure that the work is completed in accordance with the Stormwater Pollution Prevention Plan and the provisions of Orono City Code Chapter 79. The Escrow may also be used by the City to eliminate any hazardous conditions associated with the work and to repair any damage to public property or infrastructure that is caused by the work associated with this Contract, if compliance with the terms of this Contract are not accomplished. As the City receives consultant bills for incurred costs, the City will in turn send a bill to the Developer. The Developer shall be responsible for payment to the City within 30 days of the Developer's receipt of bill. In the event that the Developer does not make payment to the City within the timeframe outlined in this Section, the City may immediately draw from the escrow account without further approval of the Developer to reimburse the City for eligible expenses the City has incurred. If the balance of the escrow account is insufficient to reimburse the City its costs under this Section, the Developer will promptly reimburse the City any additional costs. If the eligible expenses incurred by the City exceed the amount in escrow and are not promptly reimbursed by the Developer, the City shall have the right to certify the unpaid balance to the subject property pursuant to Minn. Stat. §§ 415.01 and 366.012. The Balance on deposit in the escrow, if any, shall be returned to the Developer when the Development has been completed and written notification is received from the Developer requesting the funds. 19. STORM WATER AND DRAINAGE TRUNK FEE. The Land is subject to the standard Storm Water and Drainage Trunk Fee for three new % acre lots at $6,050.00 per acre. $6,050.00 per acre x [3 lots at 0.5 acres each = 1.5 acres] = $9,075.00 180976 0 196841A 20. PARK DEDICATION FEE. The Land is subject to the standard Park Dedication Fee requirement for the City of Orono. Because the value of each newly created lot in the Plat will be in excess of the threshold value of $69,375.00, the eight percent (8%) park fee cap of $5,550.00 per lot will apply; therefore, the Park Dedication Fee is calculated as follows: 2 lots x $5,550.00 per lot = $11,100.00 21. WATER CHARGE. One additional water unit is due prior to the issuance of building permits resulting from the creation of two new lots. This charge is $4,240.00 per the 2018 Fee Schedule. 22. LANDSCAPING. All landscaping shall be installed in accordance with the approved landscape plan. Developer shall post a landscaping security at the time of final Plat approval to ensure that the landscaping is installed win accordance with the approved Plan. 23. SPECIAL PROVISIONS. The following special provisions shall apply to development of the Land: A. Implementation of and adherence to the findings and conditions listed in (1) Resolution No. 6831 approving the Preliminary Plat for Bennetts Woods File No. 18-3994, adopted by the Orono City Council on February 12, 2018; and (2) Resolution No. approving the Final Plat for Bennetts Woods, adopted by the Orono City Council on May 29, 2018. B. Implementation of and adherence to the Planned Residential Development plans submitted by the Developer and approved by the City. C. In lieu of conservation easements granted to the City over the wetlands on the Property, the Developer shall comply with the MCWD requirement that a Declaration establishing covenants, restrictions, easements, charges and liens regarding the Property. Before the City signs the Plat, the Developer shall provide the City with an appropriately executed Declaration in favor of the MCWD (the "Declaration"). D. Final Plat approval is subject to MCWD approval and permits as required. The City will not approve the Plat until the MCWD has approved the stormwater management plans and the Developer has provided evidence that all required MCWD permits have been obtained. E. The Plat shall adhere to the purpose and intent of the Orono Community Management Plan, as amended. F. 3. The Developer shall provide a maintenance agreement meeting the MCWD's requirements to outline responsibility for all future maintenance activities related to the stormwater facilities and the Conservation Plan. 180976 7 196841A G. The Developer shall pay to the city engineer the amounts incurred for the preparation of record construction drawings and City base map upgrading. H. The Developer shall submit the final Plat in electronic format. The Plat shall be created using Hennepin County Coordinates. The electronic format shall be Auto CAD file. The Developer shall also submit two complete sets of the Plat on Mylar (one copy for the City's records and one copy for recording with Hennepin County). The Developer shall also provide one copy reduced to F'= 200'. 24. SUMMARY OF SECURITY REQUIREMENTS. To guarantee compliance with the terms of this Contract, payment of the costs of all Improvements and construction of all Improvements, the Developer shall furnish the City with a letter of credit, in the form attached hereto (the "security"), from a bank for 150% of the cost of the Improvements, including any required landscaping The following is a summary of the security requirements due under this Contract, which must be in place at the time of final plat approval: Landscaping $2,700.00 Erosion Control 2,500.00 Improvements + 14,700.00 Total Security ($19,900 x 150%) 29 The bank shall be subject to the approval of the City Administrator. The City may draw down the security, upon five (5) business days' prior written notice to Developer, for any violation of the terms of this Contract. Amounts drawn shall not exceed the amounts necessary to cure the default. If the Improvements are not completed at least thirty (30) days prior to the expiration of the security, the City may also draw it down. If the security is drawn down, the proceeds shall be used to cure the default. Upon receipt of proof satisfactory to the City that work has been completed and financial obligations to the City have been satisfied, with City approval the security may be reduced from time to time by ninety percent (90%) of the financial obligations that have been satisfied. Ten percent (10%) of the amounts certified by the Developer's engineer, and approved by City's Engineer, shall be retained as security until all Improvements have been completed, all financial obligations to the City satisfied, the required "as constructed" Plans have been received by the City, a warranty security is provided, and the public Improvements are accepted by the City Council. The City standard specifications for utilities and street construction outline procedures for security reductions. 180976 196841A 25. SUMMARY OF CASH REQUIREMENTS AND FEES. The following is a summary of the cash requirements and fees due under this Contract, which must be paid in cash at the time of final plat approval and execution of this Contract by the City: Engineering, City Administration (escrow) $ 10,000.00 Park Dedication Fee $11,100.00 Storm Water and Drainage Trunk Fee $9,075.00 Final Plat Fee 500.00 Total Cash Requirements & Fees 26. WARRANTY. The Developer warrants all Improvements against poor material and faulty workmanship. The warranty period for underground utilities is two years and shall commence following completion and acceptance by the City Council. The Developer shall post a maintenance bond, letter of credit or cash deposit (the "Maintenance Security") in an amount reasonably determined by the City Engineer. The City Engineer shall examine the condition of the Improvements when determining the amount of the Maintenance Security. The City shall retain ten percent (10%) of the security until the Maintenance Security is furnished the City or until the warranty period expires, whichever first occurs. The retainage may be used to pay for warranty work. The City standard specifications for utilities identify the procedures for final acceptance of utilities. 27. RESPONSIBILITY FOR COSTS. A. Except as otherwise specified herein, the Developer shall pay all costs incurred by it or the City in conjunction with the development of the Land, including but not limited to Hennepin County Environmental Services and Minnehaha Creek Watershed District charges, legal, planning, engineering and inspection expenses incurred in connection with approval and acceptance of the Plat, the preparation of this Contract, review of construction plans and documents, and all costs and expenses incurred by the City in monitoring and inspecting development of the Land. B. The Developer shall hold the City and its officers, employees, and agents harmless from claims made by itself and third parties for damages sustained or costs incurred resulting from Plat approval and development of the Land. The Developer shall indemnify the City and its officers, employees, and agents for all costs, damages, or expenses which the City may pay or incur in consequence of such claims, including attorneys' fees. C. The Developer shall reimburse the City for reasonable costs incurred in the enforcement of this Contract, including engineering and attorneys' fees. 180976 9 196841A D. The Developer shall pay, or cause to be paid when due, and in any event before any penalty is attached, all special assessments referred to in this Contract. This is an obligation of the Developer and shall continue in full force and effect even if the Developer sells one or more lots, the Land, or any part of it. E. The Developer shall pay in full all bills submitted to it by the City for obligations incurred under this Contract within thirty (30) days after receipt. If the bills are not paid on time, the City may halt development and construction of the Land until the bills are paid in full. Bills not paid within thirty (30) days shall accrue interest at the rate of eight percent (8%) per year. F. In addition to the charges and special assessments referred to herein, other charges as required by City ordinance or via other agencies for which City acts as agent may be imposed such as, but not limited to, sewer access charges ("SAC"), City water access charges, and building permit fees. 28. DEVELOPER'S DEFAULT. In the event of default by the Developer as to any of the work to be performed by it hereunder, the City may, at its option, perform the work and the Developer shall promptly reimburse the City for any expense incurred by the City, provided the Developer, except in an emergency as determined by the City, is first given notice of the work in default, not less than forty-eight (48) hours in advance. This Contract is a license for the City to act, and it shall not be necessary for the City to seek a Court order for permission to enter the Land. When the City does any such work, the City may, in addition to its other remedies, assess the cost in whole or in part against any portion of the Land owned by the Developer or any successor in interest to the Developer. 29. MISCELLANEOUS. A. The Developer represents to the City that the Plat complies with all city, county, state, and federal laws and regulations, including but not limited to: subdivision ordinances, zoning ordinances, and environmental regulations. If the City determines that the Plat does not comply, the City may, at its option, refuse to allow construction or development work on the Land until the Developer does comply. Upon the City's demand, the Developer shall cease work until there is compliance. B. Third parties shall have no recourse against the City or Developer under this Contract. C. Breach of the terms of this Contract by the Developer shall be grounds for denial of building permits, including those for lots sold to third parties. 180976 10 196841A D. If any portion, section, subsection, sentence, clause, paragraph, or phrase of this Contract is for any reason held invalid, such decision shall not affect the validity of the remaining portions of this Contract. E. The action or inaction of the City shall not constitute a waiver or amendment to the provisions of this Contract. To be binding, amendments or waivers shall be in writing, signed by the parties and approved by written resolution of the City Council. The City's failure to promptly take legal action to enforce this Contract shall not be a waiver or release. F. This Contract shall run with the Land and may be recorded against the Land. The Developer covenants with the City, its successors and assigns, that the Developer is well seized in fee title of the Land and/or has obtained consents to this Contract, in the form attached hereto, from all parties who have an interest in the Land; that there are no unrecorded interests in the Land; and that the Developer will indemnify and hold the City harmless for any breach of the foregoing covenants. G. Developer shall take out and maintain or cause to be taken out and maintained until six (6) months after the City has accepted the public improvements, commercial general liability and property damage insurance covering personal injury, including death, and claims for property damage which may arise out of Developer's work or the work of its subcontractors or by one directly or indirectly employed by any of them. Limits for bodily injury and death shall be not less than $500,000 for one person and $1,000,000 for each occurrence; limits for property damage shall be not less than $200,000 for each occurrence; or a combination single limit policy of $1,000,000 or more. The City shall be named as an additional insured on the policy on a primary and noncontributory basis, and the Developer shall file with the City a certificate evidencing coverage prior to the City signing the plat. The certificate shall provide that the City must be given ten (10) days advance written notice of the cancellation of the insurance. H. Each right, power or remedy herein conferred upon the City is cumulative and in addition to every other right, power or remedy, express or implied, now or hereafter arising, available to the City, at law or in equity, or under any other agreement, and each and every right, power and remedy herein set forth or otherwise so existing may be exercised from time to time as often and in such order as may be deemed expedient by the City and shall not be a waiver of the right to exercise at any time thereafter any other right, power or remedy. I. The Developer may not assign this Contract without the written permission of the City Council. The Developer's obligations hereunder shall continue in full force and effect even if the Developer sells one or more lots in the Plat, the Land, or any part of it. Upon request, the 180976 11 196841A City shall provide, in recordable form, a release of any lot in the Plat from this Development Contract if the City determines that the terms and conditions of this Contract have been satisfied. J. Grading shall be completed prior to issuance of any building permits. K. If building permits are issued prior to the completion of all Improvements, the Developer assumes all liability and costs resulting in delays in completion of Improvements and damage to Improvements caused by the City, Developer, its contractors, subcontractors, material men, employees, agents, or third parties. No sewer and water connection permits may be issued and no one may occupy a building for which a building permit is issued on either a temporary or permanent basis until the utilities are accepted by the City Engineer in writing. L. Developer shall be responsible for all snow removal from vacant lots to the extent that City Ordinance requires snow removal. Developer shall be responsible for ensuring that all vacant lots comply with the City's Code regarding nuisances. M. Retaining walls that require a building permit shall be constructed in accordance with plans and specifications prepared by a structural or geotechnical engineer licensed by the State of Minnesota. Following construction, a certification signed by the design engineer shall be filed with the City Engineer evidencing that the retaining wall was constructed in accordance with the approved plans and specifications. All retaining walls required to be constructed by the Plans, or special conditions referred to in this Contract, shall be constructed before any Certificate of Occupancy is issued for a lot on which a retaining wall is required to be built. 30. NOTICES. Required notices to the Developer shall be in writing, and shall be either hand delivered to the Developer, its employees or agents, or mailed to the Developer by certified mail at the following address: 3581 Wilds Ridge NW, Prior Lake, MN 55372. Notices to the City shall be in writing and shall be either hand delivered to the City Administrator at the following address: 2750 Kelley Parkway, Long Lake, Minnesota 55356; or mailed to the City by certified mail in care of the City Administrator at the following address: Orono City Hall, P.O. Box 66, Crystal Bay, Minnesota 55323. Either party may change the address to which notices to such party thereafter shall be given, by providing to the other party notice of such change. (Signatures contained on following pages.) 180976 196841A 12 CITY OF ORONO (SEAL) 1.2 STATE OF MINNESOTA ) ( ss. COUNTY OF HENNEPIN ) Dennis Walsh, Mayor Dustin Rief, City Administrator The foregoing instrument was acknowledged before me this day of , 2018 by Dennis Walsh and by Dustin Rief, respectively the Mayor and City Administrator of the City of Orono, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. Notary Public 180976 196841A 13 DEVELOPER: ArtCraft Homes, Inc. Its STATE OF MINNESOTA ) ( ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 2018, by , the of ArtCraft Homes, Inc., a Minnesota corporation on behalf of the company. Notary Public DRAFTED BY: CAMPBELL KNUTSON Professional Association Grand Oak Office Center I 860 Blue Gentian Road, Suite 290 Eagan, MN 55121 Telephone: (651) 452-5000 ABS 180976 1968410 14 EXHIBIT "A" to Development Contract That part of Lot Six (6), Block Ten (10), Townsite of Langdon Park described as follows: Commencing at a point on the West line of said Lot Six (6) distant One Hundred Fifty (150) feet North of the Southwest corner thereof; thence at right angles East Fifty (50) feet; thence at right angles South One Hundred Forty-six and Six Tenths (146.6) feet more or less to the Southerly line of said Lot Six (6); thence Easterly along said Southerly line of Lot Six (6) Two Hundred Fourteen (214) feet more or less to the Southeast corner of said Lot Six (6); thence North to the Northeast corner of said Lot Six (6); thence West along the North line of said Lot Six (6) One Hundred Twenty four (124) feet more or less to a point One Hundred Forty (140) feet East of the Northwest corner of said Lot Six (6); thence South parallel with the West line of Lot Six (6) Two Hundred Fifty (250) feet; thence West parallel with the North line of Lot Six (6), One Hundred Forty (140) feet; thence South One Hundred Twenty (120) feet more or less to beginning, according to the plat thereof on file and of record in the office of the Register of Deeds in and for Hennepin County, Minnesota. Including adjoining Northern Avenue vacated and subject to the easements described in Book 1472 of Deeds Page 21., Hennepin County, Minnesota. 180976 15 196841A FEE OWNER CONSENT TO DEVELOPMENT CONTRACT TERRA DEVELOPMENT LLC, a Minnesota limited liability company, fee owners of all or part of the subject property, the development of which is governed by the foregoing Development Contract, affirms and consents to the provisions thereof and agrees to be bound by the provisions as the same may apply to that portion of the subject property owned by them. Dated this day of , 2018. STATE OF ( ss. COUNTY OF TERRA DEVELOPMENT LLC Its The foregoing instrument was acknowledged before me this day of , 2018, by , the of TERRA DEVELOPMENT LLC, a Minnesota limited liability company, on behalf of said company. NOTARY PUBLIC DRAFTED BY: CAMPBELL KNUTSON Professional Association Grand Oak Office Center I 860 Blue Gentian Road, Suite 290 Eagan, Minnesota 55121 651-452-5000 ABS 180976 1968410 16 IRREVOCABLE LETTER OF CREDIT TO: City of Orono 2750 Kelley Parkway Orono, Minnesota 55356 Dear Sir or Madam: No. _ Date: We hereby issue, for the account of and in your favor, our Irrevocable Letter of Credit in the amount of $ available to you by your draft drawn on sight on the undersigned bank. The draft must: a) Bear the clause, "Drawn under Letter of Credit No. dated , 2 , of(Name of Bank) " b) Be accompanied by an affidavit signed by the Mayor or City Administrator of the City of Orono certifying that is in default of the Development Contract with the City of Orono and that five (5) business days prior written notice has been given by the City to the Developer with respect to the existence of such default, and such default has not been cured. c) Be presented for payment at (Address of Bank) , on or before 4:00 p.m. on November 30, 2 This Letter of Credit shall automatically renew for successive one-year terms unless, at least forty-five (45) days prior to the next annual renewal date (which shall be November 30 of each year), the Bank delivers written notice to the Orono City Administrator that it intends to modify the terms of, or cancel, this Letter of Credit. Written notice is effective if sent by certified mail, postage prepaid, and deposited in the U.S. Mail, at least forty-five (45) days prior to the next annual renewal date addressed as follows: Orono City Administrator, Orono City Hall, 2750 Kelley Parkway, Orono, Minnesota 55356, and is actually received by the City Administrator at least thirty (30) days prior to the renewal date. This Letter of Credit sets forth in full our understanding which shall not in any way be modified, amended, amplified, or limited by reference to any document, instrument, or agreement, whether or not referred to herein. This Letter of Credit is not assignable. This is not a Notation Letter of Credit. More than one draw may be made under this Letter of Credit. This Letter of Credit shall be governed by the most recent revision of the Uniform Customs and Practice for Documentary Credits, International Chamber of Commerce Publication No. 600. This agreement shall be construed and interpreted under Minnesota Law. We hereby agree that a draft drawn under and in compliance with this Letter of Credit shall be duly honored upon presentation. 1= 180976 1968410 Its 17 CERTIFICATE OF INSURANCE LIABILITY & WORKERS' COMPENSATION This certificate is issued as a matter of information only and confers no rights upon the certificate holder. This certificate does not amend, extend or alter the coverage afforded by the policies listed below. PROJECT: CERTIFICATE HOLDER & ADDITIONAL INSURED: City of Orono ADDRESS: ARCH/ENGR: INSURED: ADDRESS: AGENT: ADDRESS: WORKERS' COMPENSATION COVERAGE POLICY # EFFECTIVE DATE—/—/ INSURANCE COMPANY: COVERAGE -Workers' Compensation, Statutory. Employers' Liability Limit $ Each Accident $ Disease Policy Limit $ ($500,000 Policy limit applies to both accident and disease) EXPIRATION DATE Disease Employee Limit GENERAL LIABILITY POLICY # EFFECTIVE DATE / / EXPIRATION DATE INSURANCE COMPANY: ( )Claims Made ( )Occurrence ( )Owner's & Contractors Protective LIMITS: General Aggregate Limit (Other Than Products -Completed Operations) $ Products -Completed Operations Aggregate Limit $ Personal & Advertising Injury Limit $ Each Occurrence $ 180976 1968410 ( ) Other 18 COVERAGE PROVIDED Operations of Contractor: Yes Operations of Sub -Contractor (Contingent): Yes Does Personal Injury Include Property Damage Liability Includes Claims Related to Employment: Yes Completed Operations/Products: Yes Contractual Liability (Broad Form): Yes EXCEPTIONS: Damage Due to Collapse No Government Immunity is Waived Yes No. No Property Damage Liability Includes Damage Due to Blasting Yes No No Damage Due to Collapse Yes No No Damage To Underground Facilities Yes No. No Broad Form Property Damage Yes No AUTOMOBILE LIABILITY POLICY # EFFECTIVE DATE: / / EXPIRATION DATE: INSURANCE COMPANY: ( )Any Auto ( )All Owned Autos ( )Hired Autos ( )Non -Owned Autos LIMITS: ( )Scheduled Autos Bodily Injury $ Each Person / $ Each Occurrence OR Combined Single Limit $ Property Damage $ Each Occurrence UMBRELLA EXCESS LIABILITY POLICY # EFFECTIVE DATE:—/—/ EXPIRATION DATE: INSURANCE COMPANY LIMITS: Single Limit Bodily Injury and Property Damage $ Each Occurrence $ Aggregate COVERAGE PROVIDED: Applies in excess of the coverages listed above for Employers' Liability, General Liability, and Automobile Liability: Yes No Are any deductibles applicable to bodily injury or property damage on any of the above coverages? Yes No If So, List Amount $ AGENT CARRIES ERRORS AND OMISSIONS INSURANCE: Yes No Should any of the above described policies be cancelled before the expiration date thereof, the issuing company will mail 30 days notice to the parties to whom this certificate is issued. Dated at: MN License # 180976 1968410 On: am 19 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 6 8 3 1 A RESOLUTION APPROVING A PRELIMINARY PLAT AND GRANTING A CONDITIONAL USE PERMIT TO ALLOW DEVELOPMENT AS A PLANNED RESIDENTIAL DEVELOPMENT (PRD) FOR THE PROPERTY LOCATED AT 3635 TOGO ROAD FILE NO. 18-3994 WHEREAS, David Knaeble, an individual (hereinafter the "Developer'), has an interest in the property within the City of Orono (hereinafter the "City") addressed 3635 Togo Road and legally described as: That part of Lot 6, Block 10, Townsite of Langdon Park described as follows: commencing at a point on the west line of said Lot 6 distance 150.0 feet north of the southwest corner thereof; thence at right angles east 50.0 feet; thence at right angles south 146.6 feet, more of less to the southerly line of said Lot 6; thence easterly along said southerly line of Lot 6, 214.0 feet, more or less, to the southeast corner of said Lot 6; thence north to the northeast corner of said Lot 6; thence west along the north line of said Lot 6, 124.0 feet, more or less, to a point 140.0 feet east of the northwest corner of said Lot 6; thence south parallel with the west line of lot 6, 250.0 feet; thence west parallel with the north line of Lot 6, 140.0 feet; thence south 120.0 feet, more or less, to the point of beginning, according to the plat thereof on file and of record in the Office of the Register of Deeds in and for Hennepin County, Minnesota. Including adjoining Northern Avenue vacated and subject to the easements described in book 1472 of Deeds, page 21. Abstract property, Hennepin County, Minnesota, (hereinafter the "Property"); WHEREAS, on December 12, 2017, the Developer filed a preliminary subdivision and conditional use permit applications with the City for preliminary approval of a three lot residential plat of the Property to be processed as a Planned Residential Development (hereinafter "PRD"); WHEREAS, on January 16, 2018, the Planning Commission opened a public hearing and recommended approval of the application; and WHEREAS, on February 12, 2018, after published and mailed notice in accordance with Minnesota Statutes and the City Code, the City Council continued the public hearing, at which time all persons desiring to be heard concerning this application were given the opportunity to speak thereon; and WHEREAS, on February 12, 2018, the City Council reviewed the application and the recommendations of the Planning Commission and City staff; and CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 6 8 31 NOW, THEREFORE, BE IT RESOLVED that the City Council of Orono, Minnesota hereby approves the preliminary plat and PRD 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 #18-3994. The analysis contained within staff memos and the exhibits attached to the aforesaid memos, all minutes from the above mentioned meetings, and any and all other materials distributed at these meetings are hereby incorporated by reference. 2. The Property is located in the LR -1C Single Family Lakeshore Residential Zoning District. 3. The Property contains 2.44 acres in total area; 1.73 acres dry, buildable and 0.71 acres wetland. 4. The Property is guided 2008-2030 Orono Community Management Plan (CMP) for Low - Medium Density (2-3 units per acre). The project has a prescribed density of 1.22 units per acre based on the gross area; 1.73 units per acre upon removal of the wetland acreage. The proposal is less dense than the prescribed maximum density contemplated within the CMP. 5. The Property is wooded with somewhat bowl -shaped topography due to the 0.71 acre centrally -located wetland. There is an existing home and detached garage located in the northern portion of the property, which may remain following the subdivision; the setbacks are met. There is an existing 20 foot drainage and utility easement on the eastern property line accommodating an existing sewer line. 6. The Developer is requesting flexibility to allow for noncontiguous lot areas and reduced front yard setbacks through Planned Residential District (PRD) authority. 7. The preliminary plat reflects flexibility in reduced front yard setbacks for Lots 2 and 3 off of Northern Avenue. Development as a PRD will allow for relaxing the normal front yard setback of 30 -feet to 20 -feet as proposed for Lots 2 and 3. 8. A delineated wetland near the center of the Property impacts buildable areas of the two proposed southern lots. All lots will be served by City sewer and water. City Code requires that each sewered lot provide 0.5 acres minimum of contiguous dry buildable area. All lots, as proposed, meet the acreage requirement, however the acreage for the two southern lots is not contiguous. CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 683 1 a. Proposed Lot 1 will be conforming with just over 1/2 acre in dry, contiguous area and 123 feet of frontage on Togo Road. This lot will conform to the LR -1 C setbacks of 30 feet on the front; 10 feet on the sides; and 30 feet on the rear. b. Proposed Lot 2 will be the western lot, and have 100 feet of frontage on Northern Avenue. It will have a total of 0.52 dry acres; only 0.35 acre are contiguous. This lot contains a 0.42 acre portion of the wetland and the dry acreage is noncontiguous. The buildable area, including the additional flexibility requested for a 20 foot front yard setback, will be approximately 85 feet deep by 80 feet wide. MCWD-approved buffer averaging will result in a wider wetland buffer on Lot 2 than on Lot 3 to accommodate a reasonable building envelope; the buffer on the northern portion of the lot will be approximately 45 -feet in width. The remaining wetland and LR -1C setbacks will be met. c. Proposed Lot 3 will be the eastern lot, and have 113 feet of frontage on Northern Avenue. This lot contains a 0.28 acre portion of the wetland; 0.30 acre contiguous area; and 0.53 acres of dry acreage is noncontiguous. MCWD-approved buffer averaging will result in a 15 foot wide wetland buffer on Lot 3 to accommodate a reasonable building envelope; the buffer on the northern portion of the lot will be approximately 45 -feet in width. The buildable area, including the additional flexibility requested for a 20 foot front yard setback, will be approximately 70 feet deep by 84 feet wide. The remaining wetland and LR -1 C setbacks will be met. 9. A 20 foot right-of-way dedication is shown along both Togo Road and Northern Avenue. Both are local roads, suggesting the need for 50 feet of right-of-way (25 feet on each side of Togo, 50 feet north of the rail line for Northern). However, dedication of 50 feet of right- Wetland Dry Contiguous, Dry Total Buildable 3635 Togo 0.71 acre / 1.73 acre / North 0.98 acre/ 42,686 s.f. 2.44 acres / 106,267 s.f. Road 30,875 s.f. * 75,392 s.f. South 0.75 acre / 32,709 s.f. Existing Lot 1 NA 0.51 acre/ 0.51 acre/ 22,337 s.f. 0.51 acre/ 22,337 s.f. 22,337 s.f. Lot 2 0.42 acre 0.52 acre / 0.35 acre / 15,355 s.f. 0.94 acres / 41,357 s.f. 22,870 s.f. Lot 3 0.28 acre 0.53 acre / 0.30 acre / 13,071 s.f. 0.82 acre / 35,822 s.f. 23,437 s.f. Northern Avenue ROW Dedication 0.098 acre / 4,283.6 s.f. Togo Road ROW Dedication 0.056 acre / 2,468 s.f. 9. A 20 foot right-of-way dedication is shown along both Togo Road and Northern Avenue. Both are local roads, suggesting the need for 50 feet of right-of-way (25 feet on each side of Togo, 50 feet north of the rail line for Northern). However, dedication of 50 feet of right- CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 68 of -way would make the proposed southern lots (Lots 2 and 3) unbuildable. The Developer has shown a 15 -foot right-of-way dedication beyond the existing Northern Avenue consistent with the Staff recommendation during the sketch plan review. 10. The Property is within Hardcover Tier 3 allowing 35% impervious surface. Per the tier assignment methodology established in Zoning Code Section 78-1701, all proposed lots will remain within Tier 3. Each lot can be developed well within the hardcover limitation of 35%, as in each case the entire lot including the wetland and buffer areas would be creditable toward hardcover. 11. Standard perimeter drainage and utility easements around all individual property boundaries in the plat will be required. 12. The City has no current plans for trails or parks that specifically require dedication of land from this property. The Comprehensive Plan does not suggest the need for parks or trails in this area, therefore, park dedication will be satisfied with a cash donation as required by City Code. 13. The City Engineer has reviewed the preliminary plat application materials and provided comments in a letter dated January 8, 2018. The Developer should prepare a final plat application which responds to and incorporates these recommendations. 14. The Developer will protect all the trees on the site as shown on the Tree Protection Plan and will plant the required boulevard trees on both Northern Avenue and Togo Road frontages. 15. The Property is located within the Metropolitan Urban Service Area (MUSA). The Property was served with City water in both Togo Road and Northern Avenue. 16. The City Council finds that the unique configuration and natural characteristics of the Property including the central location of the wetland, are sufficient justification to support the granting of a conditional use permit for Planned Residential Development of the site. 17. All proposed lots will contain suitable building areas meeting all established setback, requirements to allow the construction of single family residences. CONCLUSIONS, ORDER AND CONDITIONS: NOW, THEREFORE, BE IT RESOLVED, that based upon one or more of the findings noted above, the City Council of the City of Orono hereby grants Preliminary Plat Approval and a Conditional Use Permit for development as a Planned Residential Development CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 68 3 1 for a 3 -lot plat per the Preliminary Plat survey/drawing David Knaeble dated 12/12/17 and Bennetts Woods Plans dated 12/12/17 and attached hereto as Exhibits A through H, subject to the following conditions: 1. Council approval is based on the entire record, above Findings. 2. The Developer shall implement and adhere to the provisions of the Conservation Plan by Jacobson Environmental dated December 12, 2017. 3. The Developer shall provide a maintenance agreement meeting the Minnehaha Creek Watershed District's requirements to outline responsibility for all future maintenance activities related to the stormwater facilities and the Conservation Plan. 4. Existing grade for all lots for building height determination shall be the proposed grades as shown on the Preliminary Grading Plan dated 12/12/17 attached as Exhibit B. The grading plan as approved establishes new existing grades for building pads. 5. Development Fees a. Park Dedication - The Parks, Open Space and Trail Plan element of the Orono Comprehensive Plan does not specify the need for a neighborhood park at this location. A Park Dedication Fee in lieu of land would be appropriate per City Ordinance. The Park Fee is determined as 8% of the fair market value of the land being subdivided, but must be between a minimum of $3,250 and a maximum of $5,550 per residential dwelling unit. For the proposed lots, the Park Fee would be based on only the 2 new lots. The City's Assessor will be consulted to determine the market value of the land for establishing the amount of the fee. Park Fee Due $11,100. b. Stormwater and Drainage Trunk Fee. The development is subject to the 2018 Stormwater and Drainage Trunk Fee of $6,050 per acre. For the 1/2 -acre zoning districts, any lot exceeding 0.5 gross acres, including wetland, shall be charged a maximum trunk fee equal to the trunk fee for a 0.5 acre parcel. Therefore $6,050 x 1.5 [3 lots x 0.5 = 1.5 total acres] = $9,075.00. 6. Utilities. The property is within the MUSA. Sewer and water service is available to the Property. According to the as -built record sewer plan, the Property has one stub on Togo Road and two stubs at Northern Avenue. The property was fully assessed for 294 feet of front footage, which includes both Togo and Northern frontages. CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 683 1 a. At the time of building permit for each of the new lots a Met Council SAC fee in the amount of $2,485.00 and $50 sewer permit fee will be due for each lot. b. One additional water unit is due with the creation of two new lots. The 3rd water unit charge is $4,240.00 per the 2018 Fee Schedule. 7. City Engineer Approval. Approval is subject to the recommendations of the City Engineer in his comment letter dated January 8, 2018 and any forthcoming comments as may be warranted. 8. Plans and Specifications. The following plans and specifications shall be submitted for review and approval by the City and other appropriate jurisdictions, to ensure that the proposed plat will accomplish the intended purposes: a. Final plans and specifications for all proposed utility lines and services, including proposed revisions, if any, to existing service facilities. b. Final grading, drainage and erosion control plan showing existing and proposed contours, building locations, elevations, stormwater facilities and calculations, utilities and erosion control measures to be used during construction. Final Plat Approval will not be granted until the Minnehaha Creek Watershed District has approved the stormwater management plans. c. Sufficient detail to meet the recommendations of the City Engineer. 9. Drainage and Utility Easements shall be dedicated to the public on the final plat 10' along all exterior property lines, and 5' either side of interior property lines, and such easements shall be increased to accommodate drainage and utilities where required, subject to City staff approval. 10. Developers Agreement. Developer shall execute a Developer's Agreement for construction of improvements on the Property to ensure all site improvements are installed to the City's specifications and satisfaction. Said Developers Agreement may contain additional conditions not noted in this Preliminary Plat Approval resolution. No land alterations can take place until erosion control is established and the City is in receipt of a final grading. No improvements can begin until the City Engineer has approved all improvement plans. No improvements can begin until 24 hours after the final plat has been recorded with Hennepin County. A Letter of Credit must accompany a fully executed Developer's Agreement written to 150% of the cost of the proposed site improvements. No building permits will be issued until all drainage facilities and improvements have been installed. CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 683 1 FINAL SUBMITTALS The following list of final submittals must be submitted to the Planning Department at least 4 weeks prior to the desired regularly scheduled Council meeting on the second and fourth Monday of the month. These submittals are as follows: 1. Record plat drawings in the form of two (2) mylar copies (one copy for the City's records and one for filing with Hennepin County) and one (1) copy reduced to 1" = 200'. Drawing to include: a. Lot lines platted per preliminary plat survey/drawing by David Knaeble dated 12/12/17 attached hereto as Exhibit A, except as modified herein. b. Dedication of Drainage and Utility Easements 10' along exterior property lines and 5' along the interior property line, with exceptions and additions as noted herein. c. Dedication of Drainage and Utility Easements over all stormwater facilities. d. Dedication of Drainage Easements over areas shown as wetlands. e. Dedication of Drainage Easements over all drainageways. f. Naming of plat. 2. Legal documents required: a. Title opinion addressed to the City or a title insurance policy in favor of the City. All owners, mortgage holders or others with property interest indicated therein shall sign the plat and all other documents affected by such interest. b. The Developer must provide certified copies of all recorded easements currently affecting the Property. c. Signed Developers Agreement and Letter of Credit for construction of improvements, and a cash escrow which covers engineering inspections and other city costs. The City Engineer shall establish the amount to be provided in the Letter of Credit. CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 683 1 3. Plat approval fees to be paid: Total due: $24,915.00 a. Final plat fee: $500.00 b. Park Dedication Fee: $11,100.00 c. Stormwater and Drainage Trunk Fee: $9,075.00 d. Municipal Water Connection Charge: $4,240.00 4. This Approval shall be effective until February 12, 2019 per the provisions of Zoning Code Section 82-117. If Final Plat Approval is not granted by that date, the terms and conditions of this resolution shall be null and void. The City Council at its sole discretion may extend this effective period. ADOPTED by the Orono City Council on this 12th day of February, 2018. ATTEST: Anna Carlson, City Clerk 8 CITY OF ORONO: Dennis Walsh, Mayor 6831 Resol No. Exhibit A #18-3997 / —----,., ----- essai 2 � SII �F_ I 3sv6nva,N n BENNETTS WOODS a e °,; m n@ n� m��mp� zD p G'QG°0: 3 ] 5TOGO ROAD,ORONO.MN6— ;i A s>F �g�� DAVID KNAEBLE _ Y�� >a" 4 j.i• 227 SUNNYRIDGE LANE, GOLDEN VALLEY. MN z¢aL�iZ A tl�eM �p DZ 6013 S m> Q o 04 AWy Li NY o $ tt tt ps Q g z [ R 6 L � - m T c � m � m 5 n BENNETTS WOODS a e °,; m n@ n� m��mp� zD p G'QG°0: 3 ] 5TOGO ROAD,ORONO.MN6— ;i A s>F �g�� DAVID KNAEBLE _ Y�� >a" 4 j.i• 227 SUNNYRIDGE LANE, GOLDEN VALLEY. MN 6831 Resol No. Exhibit B #18-3997 0 0 a. m Z, Q, ............ C: C) M C) C.0 0 9r, - 8 mz lROJEll gm BENNETTS WOODS > c, z O I N35 TOGO ROAD. ORONO. UN 5MI DAVID KNAEBLE > > [l �� Z 227SUNNMDG—E.00WENV&LEY.MN6W2 I eb 6831 Resol No. Exhibit C #18-3997 I 0 0 0 0 0 D 0 �g o c r n OR r I I I m 0 o 04 � a 6, Ifi BENNETTS WOODS " �fp11 W <� s ° °b4ay 3836 TOGO ROAD, ORONO, MN 66381 � 19 DAVID KNAEBLE R.19 a� OD➢� Z < Im o$ ,U£ 237 SUNNVRIDGE IANE,GOLOEN VALLEY, MN 65112 ; F�fY o A P r Lj "I "If IN 6831 Resol No. Exhibit D #18-3997 0 0 O 111111W IIIIIe "e gp EJECT BENNETTS WOODS ir > 4 at°R3}`YM36 TOGO ROAD. ORONO, MN SM1 0 DAVID KNAEBLES' c(n NX O > Z_ 227 SUNNYRIDGE UNE GOLDEN V-Y. MN 56142 tl OR 6 § 3 Re d Na Exhibit E §18-3997 11§�Ildim .�-\\1 BENNET S WOODS -6 TOGO ROAD, ORONO, MN 55"1 _on__ 227 SUNNYRIDGE -. GOLDEN V&LEY MN �22 \, � \ ! 11§�Ildim .�-\\1 BENNET S WOODS -6 TOGO ROAD, ORONO, MN 55"1 _on__ 227 SUNNYRIDGE -. 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V1Yl01].YeYA1] TA�rIWxNGIroLxS:lx F%PMTXNI YJIFlCAIf_N: utgtfi OWNER INFORMATION oxx o Cdrt/GT VA EY. MN 55x]3 SWPPP CONTACT PERSON coxrBwcrw svwvwfEcroBrRu�xc I1L SWPW M.iEC11R15 WSTBE PEN«NFDBY w PARTY RESPONSIBLE FOR LONG TERM OPERATION AND MAINTENANCE OF PERMANENT STORM WATER MANAGEMENT SYSTEM SWPPP ATTACHMENTS (ONLY APPLICABLE IF SITE IS 1 ACRE OR GREATER): SUPPLEMENTARY SITE SPECIFIC EROSION CONTROL NOTES: PROJECT NMAATNE PROJECT INFORMATION: 'iviiSite SWPPP- NARRATIVEI SW1.3 7 0 m X z c m 68 R3soll No. Exhibit H #18-3997 C) 0 -D hl 9 1 1 ion BENNETTS WOODS IF ,, " 0 1 3835 TOGO ROADhOROWr MN 66391 i U) Z� DAVID KNAEBLE 227 SUNNYRIDGE LANE. GOLDEN —LEY. MN 55411 f 7 V m tl� _;c t Z 7 tr fi -D hl 9 1 1 ion BENNETTS WOODS IF ,, " 0 1 3835 TOGO ROADhOROWr MN 66391 i U) Z� DAVID KNAEBLE 227 SUNNYRIDGE LANE. GOLDEN —LEY. MN 55411 7 V m tl� _;c t Z 7 tr fi -D hl 9 1 1 ion BENNETTS WOODS IF ,, " 0 1 3835 TOGO ROADhOROWr MN 66391 i U) Z� DAVID KNAEBLE 227 SUNNYRIDGE LANE. GOLDEN —LEY. MN 55411 Z tr fi -D hl 9 1 1 ion BENNETTS WOODS IF ,, " 0 1 3835 TOGO ROADhOROWr MN 66391 i U) Z� DAVID KNAEBLE 227 SUNNYRIDGE LANE. GOLDEN —LEY. MN 55411 AGENDA ITEM Item No.: 13 Date: May 29, 2018 Item Description: LAI 8-000048 (800 North Arm), Franzel Addition Preliminary Plat Extension - Resolution Presenter: Jeremy Barnhart, Community Agenda Consent Agenda Development Director Section: 1. Purpose. Consider the l5t extension of the preliminary plat for Franzel Addition, a 3 lot single family residential subdivision at 800 North Arm Road. 2. 15.99 Deadline. Not applicable 3. Background/ Summary. Resolution 6774 approved the Preliminary plat for Franzel Addition on June 26, 2017. This approval expires on June 26, 2018. The property owner does not anticipate completing a final plat application by then, and is requesting an extension. This is the first of three permissible extensions. 4. Staff Recommendation. Staff recommends approval of the extension as requested. COUNCIL ACTION REQUESTED Motion to adopt resolution approving the preliminary plat extension for Franzel Addition. Exhibits Exhibit A. Resolution Draft Exhibit B. Original Preliminary Plat resolution Prepared By: J. Barnhart Reviewed By: JS)�a Approved By: -Sb9a A RESOLUTION GRANTING A ONE-YEAR EXTENSION TO THE EFFECTIVE PERIOD OF PRELIMINARY PLAT APPROVAL ESTABLISHED PER RESOLUTION NO. 6774 - FILE NO. 16-3883 WHEREAS, on June 26, 2017, the City Council of the City of Orono (the "City") adopted Resolution No. 6774 granting preliminary plat approval for subdivision of property located at 800 North Arm Road; and WHEREAS, City of Orono Municipal Code Section 82-117 establishes that preliminary plat approval is effective for one year from the date of such approval, and failure to file a complete final subdivision application within this time period shall be considered as formal withdrawal of the proposed subdivision; and WHEREAS, preliminary plat approval runs with the land, not the applicant; and WHEREAS, James Franzel has requested a one-year extension of the effective period of preliminary plat and general concept plan approval, to June 26, 2019. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Orono, Minnesota, as follows: 1. The effective period of preliminary plat approval is hereby extended to June 26, 2019; and 2. All other terms and conditions of Resolution No. 6774 are hereby reaffirmed. Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held on the 29' day of May, 2018. ATTEST: Anna Carlson, City Clerk Dennis Walsh, Mayor Page 1 of 1 Existing Certs 1383357 8oD n�IIlaar'.hIIDn^✓II<II Doc No T05464560 Certified, filed and/or recorded on Jul 27, 2017 4:30 PM Office of the Registrar of Titles Hennepin County, Minnesota Martin McCormick, Registrar of Titles Mark Chapin, County Auditor and Treasurer Deputy 122 Pkg ID 1581891M Document Recording Fee $46.00 Document Tota! $46.00 This cover sheet is now a permanent part of the recorded document. �U I� CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 6774 A RESOLUTION GRANTING PRELIMINARY PLAT AND REZONING APPROVAL FOR PROPERTY LOCATED AT 800 NORTH ARM ROAD FILE NO. 16-3883 WHEREAS, Kevin Anderson, an individual (hereinafter the "Developer") is the agent for James Franzel, an individual, the owner of the property at 800 North Arm Drive (hereinafter the "Owner") within the City of Orono (hereinafter the "City") and legally described as follows: Lot 9, Auditors Subdivision No. 362 and Outlot 1, Pirates Cove Hennepin County, Minnesota (hereinafter the "Property"); and WHEREAS, the Developer has requested Preliminary Plat Approval for subdivision of the Property for construction into 3 single family lots; and WHEREAS, on June 13, 2017 the Developer completed their application originally filed on October 19, 2016 for preliminary plat approval for the proposed subdivision of the Property; and WHEREAS, after due published and mailed notice in accordance with Minnesota Statutes 462.358 et. seq. and the City of Orono Zoning and Subdivision Codes, the Orono Planning Commission held a public hearing for the application and reviewed it on April 17, 2017, at which time all persons desiring to be heard concerning this application were given the opportunity to speak thereon; and WHEREAS, the Planning Commission on April 17, 2017 recommended on a vote of 6-0 that the Council approve the preliminary plat subject to a number of conditions and recommendations; and WHEREAS, the City Council hereby makes the following findings in regard to this application for Preliminary Plat approval: CITY OF ORONO RESOLUTION OF THE CITY COUNCIL 6774 NO. FINDINGS 1. The Property is located within the Metropolitan Urban Service Area (MUSA) and is intended to be developed using municipal sewer and water. Municipal sewer will serve the property. 2. The property contains approximately 4.02 gross acres. 3. Conservation Design. Pursuant to the City's Conservation Design ordinances the Developer has submitted a Conservation Development report prepared by ISG dated January 3, 2017. Key elements of the report include a Natural Resources Inventory of the non -developing portions of the site including review of the MLCCS Land Cover Classification data, wetland delineations (approved by the MCWD), site vegetation review, and outlining of a basic Conservation Design Master Plan. 4. Wetlands on Site and/or Impacted. The property contains a small wetland generally along the shoreline, primarily in Lot 1. This wetland is not proposed to be impacted. The reported MCWD base buffer width requirement is reported as 25 feet. The City code requires a minimum structure setback of 10' from the wetland buffer. The City will require a Conservation and Flowage Easement over the wetlands being preserved. 5. Streets. All 3 lots will be served by a new private cul de sac to be platted as an Outlot and be constructed by the developer to City standards. All 3 lots will have driveways accessing the new road system. 6. Easements Required. Standard perimeter drainage and utility easements around all property boundaries as well as conservation and flowage easements over the delineated wetlands will be required. A new easement is proposed to provide for vehicular access to the existing lift station serving the Project. 7. Park and Trail Dedication. There are no identifiable public parkland needs at this location. However, development of the proposed housing will generate additional use of existing City park facilities in the area. The Council finds that no park lands need to be dedicated and the park dedication should be in the form of a Cash Contribution in Lieu of Lands as allowed by the Municipal Code. Additionally, the Council finds that although no public trails along the property boundaries are planned. Park dedication will be $11,100.00 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. b774 8. Stormwater and Drainage Improvements & Fees. The property will be subject to the Stormwater and Drainage Trunk (SW&DT) Fee. The Trunk Fee established in the 2016 Fee Schedule for 1 -acre zoning districts is $5,250 per acre for each new lot being created, with a fee cap of 1.0 acre per new lot. Per Section 14-284, if the existing residence is intended to remain (on Lot 3), only Lots 1 and 2 would be subject to the SW&DT Fee. The total SW&DT Fee will be $10,500, based on the 2017 fee schedule. 9. Utility Locations/Availability/Assessments/Connection Fees. The property was assessed for 2 sewer units and 280 feet of frontage as part of the 1973 sewer project. For the proposed subdivision, no additional footage charge would be required, but a third sewer unit at the 2017 Connection Charge rate of $5,100 would be due upon final plat approval. 10. The applicant has provided a Certificate of Survey and Preliminary Plat attached to this Resolution as Exhibit B. Council finds that the plans submitted are generally sufficient to indicate the intent of the developer and the potential impacts of the project. CONCLUSIONS, ORDER AND CONDITIONS NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Orono hereby approves the Preliminary Plat for development of the property at 800 North Arm Drive subject to the following declarations and conditions: A. Project Specific Conditions 1) The width of Lot 1 may be 100 feet at the OHWL, rather than the required 140 feet. 2) Work with Public Works Department to identify, stake and show on survey an appropriate corridor through the property for sewer maintenance vehicle access. 3) House on Lot 3, if rebuilt, must completely meet 75' lake setback. 4) Average setback for each of the lots will be per the conceptual building pads shown on preliminary plat. However, once those initial homes are constructed, any future rebuild on any of those lots must meet the average setback established per the standard method based on then -existing adjacent lakeshore homes. B. General conditions imposed on preliminary plats shall apply, and are as follow: 1) Significant trees identified to remain shall be protected with snow fence at the drip line, and no material storage may occur within the fenced area. CITY OF ORONO RESOLUTION OF T� CIT ^ COUNCIL NO. r (( 't 2) Applicant to confirm with SHPO that that there are no archaeological sites within the property. 3) Appropriate traffic control signage within and pertinent to the site shall be installed by the Developer subject to the City Engineer's review and approval. 4) Applicant shall demonstrate to the satisfaction of the City Council that all requirements of the Minnehaha Creek Watershed District as administrator of the WCA regulations on Orono's behalf, are complied with. 5) Erosion control shall adhere to "Best Management Practices for Protecting Water Quality in Urban Areas" and to the approved SWPPP. All erosion controls as required by the City and the MCWD shall be in place prior to commencing grading and excavation on the site. All such erosion control measures shall be maintained in working order until the site is vegetated and stabilized. 6) The construction limits shall be clearly marked with adequate fencing to prevent any construction damage or disturbance of any trees and vegetation outside of the construction limits area. Developer shall identify trees to be preserved on site, shall mark them on a site plan, and shall take extraordinary measures such as fencing, signage, etc. to ensure they are not disturbed. 7) The applicable general engineering comments and or conditions provided by City Engineer Robert Bean dated July 21, 2016 and August 11, 2016 attached hereto as Exhibit C shall be suitably addressed by applicant in the development plan submittal. 8) This approval is based upon the known issues that may affect this project, but this approval does not limit the City from revising or amending these conditions as the review process continues. 9) This Approval shall be effective until June 26, 2018 per the provisions of Zoning Code Section 78-628. If General Development Plan and Final Plat Approval is not granted by that date, the terms and conditions of this resolution shall be null and void. The City Council at its sole discretion may extend this effective period. C. Plans and Specifications. The following plans and specifications shall be submitted for review and approval by the City and other appropriate jurisdictions: 1) Final plans and specifications for all proposed utility lines and services, including any proposed revisions to existing service facilities. Proposed plans shall be provided to the City for final review and approval with the Final Plan set. The Public Works Department and any other pertinent reviewing agencies shall review and approve all CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. b774 utility improvements. Final sanitary sewer and watermain plans shall be provided and are subject to approval by the Public Works Department and City Engineer. 2) Final Street and Storm Sewer Plans. 3) Final Grading, Drainage and Erosion Control Plan and SWPPP showing existing and proposed contours, building locations, elevations, stormwater facilities and calculations, utilities and erosion control measures to be used during construction. General Development Plan Approval will not be granted until the Minnehaha Creek Watershed District has approved the stormwater plans. 4) Any additional plans and specifications deemed necessary by the City as review progresses. D. Platting Process. Applicant shall complete all requirements for Final Plat Approval as follows. The following list of final submittals must be submitted to the City Administrator 2 weeks prior to the regularly scheduled Council meeting on the second and fourth Mondays of the month. These submittals are as follows: 1). Record plat drawings in the form of two (3) mylar copies (one copy for the City's records and one for filing with Hennepin County) and one (1) copy reduced to 1" _ 200'. Drawing to include: A. Lot lines platted per preliminary plat survey/drawing by Gronberg and Associates dated May 15, 2017attached hereto as Exhibit B, except as modified herein. B. Dedication of "drainage and utility easements" 10' along exterior property lines and 5' along the interior property lines. C. Dedication of areas shown as wetlands. D. Dedication of "Drainage Easements" over all drainageways E. Name of plat. 2). Legal documents required: A. Title opinion addressed to the City or a title insurance policy in favor of the City. All owners, mortgage holders or others with property interest indicated therein shall sign the plat and all other documents affected by such interest. B. The applicant must provide certified copies of all recorded easements currently affecting the property. C. Signed Conservation and Flowage Easement to be granted over all delineated wetlands on the plat. CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 6774 D. Signed Developers Agreement and Letter of Credit for construction of improvements. The City Engineer shall establish the amount to be provided in the Letter of Credit. E. Signed Trail Easement over the northerly 10 feet of the property. 3). Final plat approval fee to be paid: Total due: $ 700.00 E. Development Agreement. Development Approval is contingent upon the successful execution of a Development Agreement between the applicant and the City. Such Agreement shall address all specific City requirements for the development. F. Financial Guarantee. The Development Agreement shall include a financial guarantee by the applicant to ensure the completion of site improvements. The City Engineer shall complete an estimate of improvement costs, including but not limited to private streets, curb & gutter, sidewalks, storm sewers, landscaping, grading, erosion control, utilities, driveways and parking areas, trails, sidewalks, retaining walls and stormwater management facility construction, and the applicant shall provide to the City a financial guarantee of 150% of the improvement costs. G. Fees. The following fees are due at the time of Final Plat approval. Storm Water and Drainage Trunk Fee. The property will be subject to the Storrnwater and Drainage Trunk Fee, due at the time of final plat approval. The fee, based on the 2017 fee schedule, is 10,500.00. Park Dedication The City Code requires dedication of 8% of the land as public park, or payment of the equivalent value in cash. The City Council has determined there is no need for dedication of land from the proposed development. Therefore the park dedication due at the time of Final Plat is $11,100. Sewer Connection Charges. Based on 2017 fee schedule, the fees are $5,100. Adopted by the Orono City Council on this 2� day of ,lune , 2017. ATTEST: Anna Carlson, City Clerk Dennis Walsh, Mayor AGENDA ITEM Item No.: 14 Date: May 29, 2018 Item Description: Westonka Historical Society and Museum Update Presenter: Pam Meyers Purpose. Pam Meyers will be presenting this item. Prepared By: AMC Reviewed By: AMC Agenda Section: Presentation Approved By: -T)2 AGENDA ITEM Item No.: 15 Item Description: Life Saving Recognition Date: May 29, 2018 Presenter: Dustin Rief, Agenda Section: Presentation City Administrator Purpose. The purpose of this Agenda item is to recognize the listed responders for their efforts and assistance The Wayzata Police Department received a call for one with trouble breathing and asked that the Long Lake Fire Department be paged once they started CPR. The Long Lake Fire Department arrived on scene and assisted with CPR. They were successful in their resuscitation efforts. Long Lake Fire Department trains for thousands of hours and assist on hundreds of calls and most of the time you don't hear about the outcome. This is one of those special calls that LLFD was able to celebrate with the family. The City of Orono and Long Lake Fire Department would like to recognize the following responders for their efforts. Deputy Chief of Administration DJ Goman Deputy Chief of Training Cody Farley Fire Captain Chris Adams Battalion Chief Shane Gardner Assistant Chief John Hall Firefighter Derek Lee Firefighter Shaun Rioux Firefighter Thomas Aldrich Firefighter Bryan Frank Firefighter Ryan Hoster Firefighter Blair Mileski Firefighter Ben Rasmuson Wayzata Police Officer Brandon Haapoja Wayzata Police Officer Andrew Sharratt North RN Erick Shaft North Paramedic Thomas J Boucher COUNCIL ACTION REQUESTED No action requested, presented for discussion only. Prepared By: AMC Reviewed By: AMC Approved By: -Sb9a AGENDA ITEM Item No.: 16 Date: May 29, 2018 Item Description: East Long Lake Road Disposition — Discussion Presenter: Adam T. Edwards, P.E. Agenda Public Works Director/ Public Works Director/City Engineer Section: City Engineer's Report 1. Purpose. The purpose of this action item is to gain council guidance on the future disposition of East Long lake Road. 2. Background. Staff is also seeking direction from Council on the long term disposition of East Long Lake Road; particularly the norther section. East Long Lake Road is in extremely poor condition. The portion included in the 2019 road maintenance plan is only the southern —890 feet which connects the furthest worth resident to Old Long Lake road. The northern section of the road runs along the eastern shore of Long Lake. Portions of the road way are becoming undermined and the pavement is crumbling. The pavement is beyond pothole repair. The portion of the roadway just south of the Spring Hill intersection is low lying and prone to seasonal flooding requiring periodic closures of the roadway. The estimated cost to reconstruct this section of road is $ 600K+. The north section serves as a cut through for traffic from the County Road 6 in the north down to County Road 112 in the south. The average daily traffic along this road as counted in fall for 2017 is 324. 3. Courses of Actions (COA). A. Reconstruct the road. This course of action would include rebuilding the road way by stabilizing the lake shore, rebuilding the subgrade, raising the roadway elevation through the low areas, and repaving. (1). Pros: Brings the road up to a safe and functional level of repair; Restores the bank. (2). Cons: Costly; may not address safety concerns with shared use (transportation and recreation); and does not address resident concerns on speed and traffic volume in the area. (3). Estimated Cost: $1.3M (4). Way Forward: If COA A is selected council should direct staff to conduct a feasibility study with a goal of completion the reconstruction in 2019. B. Convert road to a bike trail. This course of action would include the removal of the existing asphalt, stabilizing the lakeshore where required, construction of an 8-1 Oft wide multifocal trail. Also a turnaround feature would be needed at the northern end of the southern section. (1). Pros: Provides recreational amenity. Restores lakeshore/improved water quality. Reduces traffic on neighboring city streets; grants available; and cost effective. (2). Cons: Removes a north -south transportation corridor; traffic pushed to Ferndale or Brown roads. (3). Estimated Cost: $500K. Grants available to cover portions of the cost. (4). Way Forward: If COA B is selected council should direct staff and the Parks Commission to develop plan with a goal of seeking grants in 2018/2019 and converting the road to a trail in 2019/2020. C. Do nothing. Keep road closed. (1). Pros: Cost effective. (2). Cons: Removes a north -south transportation corridor; traffic pushed to Ferndale or Brown; does not improve water quality; does not provide recreational amenity. (3). Estimated Cost: $0. By: Reviewed By:� Prepared Approved By: 2) 4. Public Input. Staff send mailer out to residents along the corridor soliciting input and inviting them to the meeting to provide input firsthand. Written input is provided at Exhibit B. 5. Staff Recommendation. Staff recommends course of action B. COUNCIL ACTION REQUESTED: Direction to Staff. Exhibits Exhibit A. Map and Photos Exhibit B. Resident input By: 7E Reviewed By: 7E Prepared Approved By: East Long Lake Road 7 '. � 4� i�'h ;� 1 • T T • 4 U a ��g 4 1� Y.Y "aa _:mss a ar L Northern section L}Ll} iy;; ;��;-;,� -- Southern section or S - ... JEv Fes• t � `t. AL S OF Typical lake bank condition 7 4. ".°� Typical lake bank condition a''R - b Northern end of road looking toward intersection with Spring Hill. This. area is often inundated with water. road level. ' - Long Lake water level near From: Mark Allen To: Adam Edwards Subject: east long lake road Date: Friday, May 18, 2018 7:09:37 PM As I have not been able to use east long lake road on my regular route recently, I decided to check Orono's website to see what the maintenance plan was for it. To my dismay, I came across a Public notice that indicates a discussion is to be held regarding possibly closing this access route. This route is used by us residents living in the north east portion of Orono to access many areas including the Summit Park Beach. Not only do we use this for daily commuting, but also as a bike route around the lake. This is not a low use road, I consistently see traffic on it and most of it is local residents. While I appreciate the great efforts that are being made to update our roadways in Orono after years of neglect and underfunding, I do not believe that the answer to the road issue is to decommission existing roadways. It is a short-term fix that will create traffic issues in the long run. If you have any questions, please feel free to contact me. Mark Allen 425 Hunter Pass Orono, MN 55391 952-388-3869 cell mark(@allenitc.com Adam Edwards From: NORM HAMMAN <normhamman@comcast.net> Sent: Tuesday, May 29, 2018 9:06 AM To: Adam Edwards Subject: Disposition of northerly section of East Long Lake Rd. May 29, 2018 City of Orono 2750 Kelley Parkway Orono, MN 55356 Adam Edwards, Re: Disposition of northerly section of East Long Lake Rd. We would like to provide the following comments regarding the disposition of the northerly section of East Long Lake Rd in Orono. Our family has lived at 450 East Long Lake Rd. for more than 50 years. In addition to the cost considerations regarding the reconstruction of the roadway, we also have concerns regarding the safety of this road. Cars often-times travel at unsafe speeds on this road and it can be dangerous when 2 cars meet each other on this narrow road as there is no margin for error and there are no shoulders or space for pedestrian traffic. This situation can be more serious when people are exiting from Summit Park Beach onto East Long Lake Rd as there is restricted visibility when exiting the park. In addition to the above-mentioned items, we encourage the city staff to confirm whether there are existing easements for this road. A title search for our property conducted several years ago revealed that no easement for the road existed relative to our property at that time. Based on the cost and the other issues as mentioned above, we would like to see the road closed to car traffic north of 550 East Long Lake Rd. Please feel free to contact Norm Hamman at 952-212-7442 for further questions or discussion as needed. Picase confirm receipt of this message and thank you for considering our comments. Betty Hamman Norm Hamman Greg Hamman Dan Hamman 450 East Long Lake Rd. Orono, MN 55391 normhamman@comcast.net AGENDA ITEM Item No.: 17 Date: May 29, 2018 Item Description: Old Crystal Bay Road (CSAH 112-CSAH 6) Award Presenter: Adam T. Edwards, P.E. Agenda Public Works Director/ Public Works Director/City Engineer Section: City Engineer's Report 1. Purpose. The purpose of this action item is to Award the contract for construction, approve the cooperative agreement with Orono School District, and approve Bolton and Menk's (BMI) construction management proposal for the Old Crystal Bay Road (OCB) road reconstruction project. 2. Background. For some time there have been concerns regarding the ability of OCB to handle the traffic associated with the Orono Public School operations. In particular, OCB and those roads that feed it suffer from heavy congestion during school drop off and pick up times. At the April 24, 2017 the work session the council directed staff to look at the road condition and congestion issues. On May 22nd staff presented some options to the City Council's School Committee and received guidance to proceed with requesting the county reconfigure the OCB-6 intersection to right in/ right out and to work toward a long term plan for the road with construction in 2018. In July Council authorized Bolton and Menk to complete a feasibility study of project. On November 27' the Council authorized staff to initiate design work. Council approved the preliminary design on January 22nd, 2018. Final Design was completed ad approved by the State on May 9th, 2018. Bid opening was on May 23rd, 2018. 3. Scope. The Project will consist of the reconstruction and reconfiguration of Old Crystal Bay Road between County Road 112 and County Road 6 and well as the replacement of associated water, sewer and storm water utilities. 4. Cost. The city solicited bids. GMH Construction provided a bid for $ 3,073,421.24. A cost breakdown for the project is at Exhibit A. In addition to the construction cost, Bolton and Menk provided an estimate for construction oversight for an amount not to exceed (NTE) $220,000. (Exhibit B) Who Work Cost Status Bolton Feasibility and Traffic Study NTE $ 24,900 Approved Jul 17 &Menk, Inc Community Investment Fund (Street Lighting) $ 167,493.10 $ 521,014 Bolton Design, Engineering and Bid prep NTE $ 247,500 Approved Nov 17 &Menk, Inc GMH Reconstruction of Old Crystal Bay $ 3,073,421.24 Pending award Road associated utilities Bolton Construction Oversight $ 220,000 Pending Approval &Menk, Inc TOTAL $ 3,565,421.24 5. Project Funding. Several funding sources are available to pay for the project including Municipal State Aid (MSA). In addition as this is project is in partnership with the school district a portion of the project will be funded by them. a. Funding. The table below contains bid cost from the Bid and funding source. Funding Source Bid Amount Estimated EOY 2018 Fund Balance Orono School District $ 901,596.57 NA Municipal State Aid $ 1,558,346.11 Requires 5yr Advance Community Investment Fund (Street Lighting) $ 167,493.10 $ 521,014 Prepared By: 7E Reviewed By: JS)�a Approved By: -Tga Stormwater $ 506,059.18 $ 1,410,101 Sewer and Water $ 599,419.38 $ 2,440,474 Total $ 3.565.421.24 b. School Funding. The Orono School District has requested that the City initially pay for the entire project. The District will reimburse the City for their share of the project cost, currently estimated at $839,367.50, over a period of 9 years at an interest rate of 2%. The city will provide funding for the school portion via an inter fund loan from the utility funds. 6. Cooperative Agreement. Since the project is a partnership between the City and the School District, a cooperative agreement laying out responsibilities is required. The agreement is at Exhibit B. 7. Timing. Nov 27, 2017 Feasibility report presentation / Design Fee Approval Nov -Jan Coordination meetings with School/ preliminary design development January 22, 2018 Authorization to complete detailed design April 2018 Solicit Bids; Cooperative agreement approval May 15, 2018 Tree Removal May 29, 2018 Award Jun -Sep 2018 Construction 8. Staff Recommendation. I recommend award to GMH Construction in the amount of $3,073,421.24, approve the cooperative agreement with the Orono School District and accept the proposal from Bolton and Menk for construction management for a fee not to exceed $ 220,000.00. COUNCIL ACTION REQUESTED: 1. Move to award the Old Crystal Bay construction contract to GMH Construction in the amount of $3,073,421.24; contingent upon the school district approving the cooperative agreement. 2. Move to approve the Cooperative Agreement with the Orono School District. 3. Move to accept the proposal from Bolton and Menk for construction services for an amount not to exceed $ 220,000; contingent upon the school district approving the cooperative agreement. Exhibits Exhibit A. Cooperative Agreement Exhibit B. Construction Services Proposal from BMI Prepared By: Reviewed By: -1ja Approved By: -�b) Agreement No. 2018-01 City Project No. 18-021 State Aid Project No. 152-102-017 Old Crystal Bay Road (MSAS102) City of Orono Orono Public School District CONSTRUCTION COOPERATIVE AGREEMENT THIS AGREEMENT, made and entered into this 29th day of May, 2018 by and between the City of Orono, a body politic and corporate under the laws of the State of Minnesota, hereinafter referred to as the "City", and the Orono Public School District, a body politic and corporate under the laws of the State of Minnesota, hereinafter referred to as the "School". WITNESSETH: WHEREAS, the City is preparing to improve Municipal State Aid Street No. (MSAS) 102 (Old Crystal Bay Road) from County State Aid Highway No. (CSAH) 6 to CSAH 112 in the City of Orono (City Project No. 18-021), as shown on the plan set marked exhibit "A"; and WHEREAS, the project includes construction of new accesses, removal of select access and alteration of school parking & traffic circulation facilities. WHEREAS, both the road improvements and school improvements are intended to work in concert to address congestion and safety issues associated with School drop-off and pickup traffic throughout the corridor; and WHEREAS, the City and the School have been negotiating to bring about the improvement of Old Crystal Bay Road as shown on the City Engineer's plans for City Project No. 18-021 which improvements contemplate and include grading, aggregate base, bituminous surfacing, drainage, watermain, sanitary sewer, curb and gutter, concrete walk, bituminous trail, parking lot, lighting, landscaping and other related improvements, and which shall hereinafter be referred to as the "Project"; and WHEREAS, the above described Project lies within the corporate limits of the City with portions on School Grounds; and WHEREAS, the City Engineer has heretofore prepared an Engineer's Estimate of quantities and unit prices for the above described Project in the sum of $ 3,565,421.24. A copy of said estimate, marked Exhibit "B", is attached hereto and by this reference made a part hereof, and WHEREAS, the City and School have indicated their willingness to participate in the construction and engineering costs of the Project as detailed herein; and -1- 197666v1 Agreement Old Crystal Bay Road WHEREAS, the construction costs for the Project shall be comprised of state aid funds, municipal utility funds, school district funds and local funds; and WHEREAS, it is contemplated that said work be carried out by the parties hereto under the provisions of Minnesota Statutes Section 471.59. NOW THEREFORE, IT IS HEREBY AGREED: 1. Cooperation. The City and the School shall cooperate in the development and construction of the Project. The cooperate development is pursuant to Minn. Stat. §471.59 et. SeMc . and other applicable statutes and express and implied powers of the parties. The power and responsibilities with respect to such joint endeavor shall be exercised by the City and School, through their City Council, School Board and authorized designees. 2. Location. The location of the project shall be set forth in the City and on School grounds as depicted on the attached Exhibit A. 3. Duties. a. The City will advertise for bids for the work and construction of the Project, receive and open bids pursuant to said advertisement and will enter into a contract with the successful bidder at the unit prices specified in the bid of such bidder, according to law. The contract will include the plans and specifications prepared by the City, which said plans and specifications are referenced and identified as S.A.P. 152-102-017 and approved by the Minnesota Department of Transportation (MnDOT). b. The City will administer the contract and inspect the construction of all the contract work contemplated herewith. However, the School's designated representative shall have the right, as the work progresses, to enter upon the job site to make any inspections deemed necessary and shall cooperate with the City Engineer and staff at their request to the extent necessary, but will have no responsibility for the supervision of the work. c. The School agrees that the City may make changes in the plans or in the character of said contract construction which are reasonably necessary to cause said construction to be in all things performed and completed in a satisfactory manner. It is further agreed by the School that the City may enter into any change orders or supplemental agreements with the City's contractor for the performance of any additional construction or construction occasioned by any necessary, advantageous or desirable changes in plans, within the original scope of the Project. Said changes may result in an increase or decrease to the School's cost participation estimated herein. d. The School shall have the right to review any proposed changes to the plans and specifications as they relate to the School's cost participation prior to the work being performed. The School's designated representative shall have the right to approve or reject any change orders or supplemental agreements prepared by the City that affect the School's share of the construction cost. -2- 197666v1 Agreement Old Crystal Bay Road e. The School further agrees that it will participate in the settlement of any claims from the City's contractor that involve delays attributable to unreasonable delays in approval by the School for plan or specification changes deemed necessary by the City Engineer or staff. The amount of School's participation in any such claims shall be commensurate with the percentage of delay directly attributable to the School's actions. f. The School shall provide all necessary permanent and temporary (Construction) easements required for the construction of the Project. Said property rights shall be granted at no cost to the City. 4. Financial Duties a. The School shall participate in the costs of the contracted construction work for the Project as set forth in said Exhibit "B". The respective proportionate shares of the pro -rata pay items included in Exhibit "B" shall remain unchanged throughout the life of this Agreement. For informational purposes only it is estimated that the School will pay the City $777,169.77 as its share of the construction costs. For informational purposes only it is estimated that the City of Orono will pay $2,831,317.77 as its share of the construction costs. b. The School also agrees to reimburse the City for the School's proportionate share of the design and construction engineering costs for the Project. The School's share of construction engineering costs shall be equal to no more than 25% of the total final amount of the School's share of contract construction costs for the Project. The amount of the School's share in the contract administration costs is estimated $124,426.80. The amount of the City's share in the contract administration costs is estimated $367,573.20. c. It is understood that the School's proportionate shares shown in Exhibit `B" are estimates and that the actual School's proportionate shares of the engineering design costs and contract administration costs will be computed using the total final amount of the School's share of the contract construction costs for the Project. It is further understood and agreed that the final quantities as measured by the City Engineer's designated representatives for contract pay items in which the School is participating in the cost shall be subject to the review and approval by the School's designated representative. d. School agrees to repay the City for its share of the project. The City will initially pay for the entire project with the School repaying its portion over a period of 9 years. An interest rate of 2% shall be applied to the balance of the amount the School owes the City. 5. Maintenance Responsibilities. a. It is understood and agreed that upon completion of the Project, all of the project improvements within the School property shall be the property of the School and all maintenance, restoration, repair or other work or services required thereafter shall be performed by the School at no expense to the City. Further any stormwater features such as catch basins that are located in the access ways or lead pipes attaching School catch basins to the City's stormwater system but within the City right of way -3- 197666v1 Agreement Old Crystal Bay Road shall be the maintenance responsibility of the School. It is understood that maintenance of cross culverts under School access points but within City right of way will be the responsibility of the School. b. The city shall be responsible for the maintenance of all of the project improvements within the City right of way less those outlined in Paragraph 5a above or as described in Orono City Code. c. It is understood by the parties hereto that the term `upon completion of the Project' as used in this agreement shall be defined as acceptance by the City Engineer of the construction work performed by the City's construction contractor that is to be maintained by the City and School as specified herein. All questions of maintenance responsibilities that may arise shall be jointly resolved by the City's Director of Public Works and the School Facilities and Safety Director. d. The City reserves the right not to issue any permits for a period of five (5) years after completion of the Project for any service cuts in the roadway surfacing of the city road included in said Project for any installation of underground utilities which would be considered as new work; service cuts shall be allowed for the maintenance and repair of any existing underground utilities. 6. Loss. Each party shall be solely responsible for any loss, damage or injury to any person or property arising out of the implementation of the Joint Powers Agreement and improvements thereon by any person or persons within its jurisdiction or authority; and each party shall hold the other harmless from and defend against any claim, demand or cause of action initiated to recover the amount of any such loss, damage or claim for which it is responsible pursuant to this Agreement. Both parties are required to maintain municipal liability coverage in an amount equal to or greater than the maximum liability of municipalities as set forth in Minnesota Statues, Section 466,04, subd. 1, as amended. Each party shall endorse the other party as an additional insured on its municipal liability coverage for claims that may arise under this Agreement. The provisions of the Municipal Tort Claims Act, Minn. Stat. Ch. 466, Minn. Stat. § 471.59, subd. 1 a, and other applicable laws govern liability of the parties. In the event of any claims or actions filed against either party, nothing in this Agreement shall be construed to allow a claimant to obtain separate judgments or separate liability caps from the individual parties. 7. Designated Representatives. a. In order to coordinate the services of the City with the activities of the School so as to accomplish the purposes of this Agreement, the City Engineer shall manage this Agreement on behalf of the City and serve as liaison between the City and the Schools. b. In order to coordinate the services of the School with the activities of the City and so as to accomplish the purposes of this Agreement, the School Facilities and Safety Director or designated representative shall manage this Agreement on behalf of the School and serve as liaison between the School and the City. -4- 197666v1 Agreement Old Crystal Bay Road 8. Reporting. The City Engineer or designated representative will prepare weekly progress reports for the Project as provided in the specifications. Copies of these reports will be furnished to the School upon request. 9. Agreement scope. It is understood and agreed that the entire Agreement between the parties is contained herein and that this Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof. All items referred to in this Agreement are incorporated or attached and are deemed to be part of this Agreement. Any alterations, variations, modifications, or waivers of provisions of this Agreement shall only be valid when they have been reduced to writing as an amendment to this Agreement signed by the parties hereto. 10. Auditing. a. Accounting Records. Each party agrees to establish and maintain accurate and complete accounts, financial records and supporting documents relating to the receipt and expenditure of the funding provided in accordance with this Agreement. Such accounts and records shall be kept and maintained by each party for a minimum period of six (6) years following the expiration of this Agreement. b. The books, records, documents and accounting procedures and practices of each party that are relevant to this Agreement are subject to examination by the County and the State Auditor for a minimum of six (6) years following the expiration of this Agreement. -5- 197666v1 Agreement Old Crystal Bay Road IN TESTIMONY WHEREOF, the parties hereto have caused this Agreement to be executed by their respective duly authorized officers as of the day and year first above written. (Seal) 197666v1 CITY OF ORONO By: Mayor Date: And: City Clerk Date: Agreement Old Crystal Bay Road IN TESTIMONY WHEREOF, the parties hereto have caused this Agreement to be executed by their respective duly authorized officers as of the day and year first above written. ORONO SCHOOL DISTRICT (Seal) 197666v1 By: School Board Chair Date: 01 Superintendent of Schools Date: -7- OBOLTON & MENK Real People. Real Solutions. May 23, 2018 City of Orono Attn: Adam Edwards PO Box 66 Orono, MN 55323 RE: Old Crystal Bay Road Improvements - Construction Services Dear Adam: 2638 Shadow Lane Suite 200 Chaska, MN 55318-1172 Ph: 19521 448-8838 Fax: (9521448-8805 Bolton-Menk.com As requested, we have prepared a scope of services and estimated fee for the construction services associated with the Old Crystal Bay Road Improvements Project. Scope of Services Public Coordination/Communications Bolton & Menk is committed to supporting the coordination requirements of this project with qualified staff and will proactively engage affected stakeholders and the general public with timely and accurate information via newsletters, website updates, and social media posts, as desired by the City. Construction Staking and Observation Construction staking will be provided along with full time construction observation. Duties of the Construction Observer will include the following: • Attendance at the pre -construction meeting and all construction -related meetings • Serve as a liaison between the City and the contractor • Review of the completed work to determine if the project is in general conformance with the plans and specifications • Review of all materials testing • Maintenance of construction documentation Communication with affected property owners, as necessary, to address their construction -related concerns and issues Construction Administration Construction administration duties will include the following: • Administering a pre -construction meeting • Review of shop drawings • Preparation of pay estimates • Contractor Communications • Liaison with City Staff and Council Record drawings detailing the completed improvements as recorded by the construction observer and the City of Orono's contractor will be completed and furnished to the City in hard copy and electronic format. Record plans will also be linked to the City mapping system. H:\ORNO\C13114606\1_Corres\C_To Others\OCB Construction Services 4-23-18.docx BoLLon & Menk is an Old Crystal Bay Road Improvements May 23, 2018 Page 2 Fee Estimate Based on the scope of services described above, we propose a not -to -exceed of $220,000 to be billed on an hourly basis. This fee accounts for the additional design services that were provided to evaluate drainage issues not included in the original scope of the project and includes coordinating the work of a geotechnical engineering firm to complete materials testing for the project. A separate proposal for materials testing services will be submitted to the City for Review. Please let me know if you have questions or need additional information. Sincerely, Bolton & Menk, Inc. --�D'Q ? V� David P. Martini, P.E. Principal Engineer H:\ORNO\C13114606\1_Corres\C_To Others\OCB Construction Services 4-23-18.docx BoLton & Menk is an AGENDA ITEM Item No.: 18 Date: May 29, 2018 Item Description: 2019 Street Maintenance Planning and Engineering Presenter: Adam T. Edwards Agenda Public Works Director/ Public Works Director/City Engineer Section: City Engineer's Report 1. Purpose. The purpose of this action item is to gain council approval to commence the planning and engineering of the 2019 Street Maintenance Project. 2. Background. At the March 22"d, 2017 Council Work Session the Council provided guidance on a way forward for road maintenance funding for road maintenance projects and funding. That guidance was used to prepare the Capital Improvement Plan (CIP). The CIP was in turn used to prepare this action item. Due to an increase in the required scope and a reduced funding availability in 2018 the Forest Arms Lane project is recommended to be deferred from 2018 to 2019. Engineering and design is already complete for this street and therefore not included in the engineering proposal for 2019. This proposal was presented at the April 23rd Council meeting and tabled to allow council members to drive the selected roads. 3. Scope. Planning and engineering will consist of topographic surveying, utility inspections, design, permitting, public input and solicitation of bids for select roads. 4. 2019 Recommended Roads. The table below list the streets identified on the Capital Improvement Plan (CIP) for projects in 2019. The first column provides the staffs recommended priority. The second column depicts council guidance from the May 29t' Work Session (to be updated after the work session). Prepared By: Reviewed By: Approved By: Street Type CIP Estimated Cost w ' o Pavement Stormwater Utilities Total d 1 Forest Arms Reconstruction Lane * $ 383,856 $ 13,101 $ 34,124 $ 431,081 2 East Long Lake Reconstruction Road (South) $ 166,900 $ 77,000 $ 243,900 3 Windjammer Reconstruction Lane $ 71,834 $ 7,200 $ 24,750 $ 103,784 4 Tonkaview Lane Mill and overlay $ 90,204 $ 9,000 $ 99,204 5 Lyman Avenue Mill and overlay $ 46,321 $ 4,600 $ 50,921 6 Chevy Chase Mill and Drive overlay $ 175,532 $ 17,500 $ 193,032 7 Kenwood Way Mill and overlay $ 22,795 $ 2,300 $ 25,095 8 Casco Circle Mill and overlay $ 120,435 $ 12,000 $ 132,435 2019 prqiects TOTAL $ 694,021 $ 129,600 $ 24,750 $ 848,371 TOTAL With Forest Arms $ 1,077,877 $ 142,701 $ 58,8741 $ 1,279,452 Prepared By: Reviewed By: Approved By: *The table also included Forest Arms Lane which was designed in 2018 but is recommended for execution in 2019 due to funding shortfalls in 2018. Forest Arms Lane Cost estimates are based on 2018 Bid Amounts. 5. East Long Lake Road (Northern Section). Staff is also seeking direction from Council on the long term disposition of East Long Lake Road. This is a separate council action for May 29th, 2018. 6. Resident Input. City staff has received a petition from the residents on Casco Circle asking the city to address road issues (Exhibit A). In addition Staff has received numerous appeals from residents on Chevy Chase and Lyman Avenue for maintenance. 7. Engineering and Design Cost. Bolton and Menk has provided a scope of services for a fee estimate not to exceed $165,000 (Exhibit B). The estimated construction cost for each project from the CIP is listed in the table below. 8. Funding. The engineering as well and the eventual projects will be funded with a combination of the Pavement Management Fund, Utility Funds, and Stormwater Fund. a. Funding Needs Estimates. Fund Cost Estimate Est. 2019 End of Year Fund Balance Pavement Fund $ 1,077,877 $ 120,053 Stormwater Fund $ 142,701 $ 1,366,573 Utility Funds $ 58,874 $ 1,594,158 Total $ 1,279,452 b. Pavement Fund. Adequate resourcing of the Pavement Fund continues to be of concern. See Pavement CIP/Funding Table at Exhibit C. Planning for 2019 and beyond is based on the funding guidance provide at the March 22nd, 2017 Council Work Session. Adequate funding for the 2019 projects is based on several assumptions: one, the pavement levy for 2019 is set at $750K; two, $450K is available for positive fund balances from 2018, and that $100K of water tower lease revenue is dedicated to street maintenance. COUNCIL ACTION REQUESTED: Move to: 1. Approve the 2019 Road Maintenance plan 2. Acceptance of the Bolton and Menk's proposal for design and engineering services for a fee not to exceed $ 165,000. Exhibits Exhibit A. Casco Point Petition Exhibit B. Bolton and Menk Construction Proposal Exhibit C. Pavement CIP/Funding Table January 26, 2018 Adam Edwards, Public Works Director David Goman, Supervisor for Streets, Storms and Sewers 2750 Kelly Parkway Orono, MN 55356 Mr. Edwards and Mr. Goman, RSCEIVED JAN 3 0 2018 CITY OF ORONO My wife and I have lived on Casco Circle for 40 years. We have enjoyed our time using the open spaces of the park, teaching our children to ride their bikes on the circle and just enjoying life in our neighborhood. This has recently changed, especially the condition of Casco Circle Road. It came to a head last summer. While walking around the circle several times a week, it became very obvious that we need to do something about the condition of Casco Circle, making riding bike and/or walking on the verge of being close to hazardous. A few years ago the rest of Casco Point Drive was updated and resurfaced, ending right at the start of Casco Circle. We started surveying our Casco Circle neighbors. Most would agree, especially those that have lived here for several years. We have attached copies of the postcard that those residents signed and gave to US. I am not completely sure of the next step that we need to take, but my wife and I would be willing to meet with you to discuss Orono's plans for the completion of the work on Casco Circle and what step we need to take next. Call us to discuss what you would suggest the next step should be. Lawrence Brustad 612-201-3906 3309 Casco Circle Orono, MN 55391 Ibrustad@aibme.com Jeanne Brustad. 612-201-2795 3309 Casco Circle Orono, MN 55391 ilbrus@mchsi.com a xu w �. o A ,.s O i1. h .d I• a MIJ a' ^ n n It L r -r f~D C CL C- rb = PK �'SC ►*� e fo ry,O. O f�D p U4 cam`s n O CL fnD ro �. .-r I i 0 ro i.:. 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NN, 'r el It - -3� MOP , � ' a LL - k -I Jn zr r7 "� � - '�, � � fS �• � �.£ � +gyp:' � a+�`�.`r. � ,��„�• s"t_ 5 Ail '+i '�^` _ y: '.�° CL Ss� *�r-L Z 2 1-.4n 0 tb � z ✓` CL ¢ �R ,.,_ •� ,'"- �`" �,,, � �' mac c " •*'It_ "fie � "� :. � .'�, .;4 • `was V Ft' rr m �~s iA CL w ro 7r" O QBOLTON & MENK Real People. Real Solutions. April 16, 2018 City of Orono Attn: Adam Edwards PO Box 66 Orono, MN 55323 RE: 2018 Street Improvements — Design and Bidding Services Dear Adam: 2638 Shadow Lane Suite 200 Chaska, MN 55318-1172 Ph: [9521448-8838 Fax: [9521448-8805 Balton-Menk.com As requested, we have prepared a scope of services and design fee estimate for the proposed 2019 Street Improvements Project. It is our understanding that the scope of the project will include the following: • East Long Lake Road — Reconstruction with minor drainage improvements • Windjammer Lane — Reconstruction with minor drainage improvements • Lyman Avenue — Mill and overlay • Tonkaview Lane — Mill and overlay • Chevy Chase Drive — Mill and overlay with minor drainage improvements • Kenwood Way — Mill and overlay • Casco Circle — Mill and overlay Proposed Scope of Engineering Services To assist the City with this improvement project, Bolton & Menk proposes the following Scope of Services: Topographic Survey and Soil Borings — We will document existing conditions within the right of way where necessary. Bolton & Menk will coordinate with a sub -consultant to collect and analyze soil borings along the alignment of the roads where necessary. Existing soil characteristics will be used to assist with the design of the pavement structure for the streets to be reconstructed. StaffDesjpn Meetings — Our team will work with City staff to develop the scope of the project and to get input on design details. The goal of these meetings is to ensure that the project is designed consistent with City standards and that the City's maintenance practices and operations are considered throughout the design process. C:\Users\jessicaka\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.0utlook\8G7WGMS2\Fee Estimate - 2019 Street Improvements.docx Bolton & Menk is an equal opportunity employer. 2019 Street Improvements April 16, 2018 Page 2 Detailed Design and Bidding — Once the final scope of the project is determined, Bolton & Menk will prepare detailed plans and specifications for the project. This work will include coordination with private property owners as needed. Upon authorization, the project will be advertised for competitive bids. Bolton & Menk will administer the bidding process and will ultimately make recommendations to the City Council about awarding the project. Fee Estimate Based on the scope of services described above, we propose a not -to -exceed fee of $165,000 to be billed on an hourly basis. A separate proposal for soil borings will be provided to the City for approval. Once the Construction Contract is awarded, Bolton & Menk will prepare a separate scope and fee estimate for construction phase services. Please let me know if you have questions or need additional information. Sincerely, Bolton & Menk, Inc. -P TYI David P. Martini, P.E. Principal Engineer C:\Users\jessicaka\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.0utlook\8G7WGMS2\Fee Estimate - 2019 Street Improvements.docx Bolton & Menk is an equal opportunity employer. Roads CIP Funding As of 18 Apr 18 Total $ 1,047,070 $ 1,302,021 $ 644,295 $ 1,073,300 $ 766,734 $ 340,656 $ 1,597,433 Balance 1 1 $ 118,930 1 $ 116,909 1 $ 322,615 1 $ 99,314 1 $ 182,580 1 $ 691,925 1 $ 55,508 Treatmen PCI Type Length 2018 2019 2020 2021 2022 2023 2024 Balance from previous year $ 233,000 $ 118,930 $ 116,909 $ 322,615 $ 99,314 $ 182,580 $ 691,925 Lev $ 383,000 $ 750,000 $ 750,000 $ 750,000 $ 750,000 $ 750,000 $ 750,000 Water Tower Lease $ 100,000 $ 100,000 $ 100,000 $ 100,000 $ 100,000 $ 100,000 $ 100,000 Other Funding $ 450,000 $ 450,000 $ - $ - $ - $ - $ - Starting Year Balance $ 1,166,000 $ 1,418,930 $ 966,909 $ 1,172,615 $ 949,314 $ 1,032,580 $ 1,541,925 Contracted Street Maint (striping and crackseal) $ 47,000 $ 50,000 $ 50,000 $ 50,000 $ 50,000 $ 50,000 $ 50,000 Preventive Maintenance (surface Treetments, Patching) $ - $ 150,000 $ 150,000 $ 150,000 $ 150,000 $ 150,000 $ 150,000 Feasibility Study for next years reconstructs $ 24,000 $ 24,000 $ 24,000 $ 24,000 $ 24,000 $ 24,000 $ 24,000 Forest Arm Lane Rehab 44 Residential 1700 384,000 Wildhurst Trail Rehab 55 Collector 2240 $ 525,084 Vine Place M&O 64 Residential 600 $ 26,643 West Lafayette (Shadywood to ei Rehab 54 Residential 1050 $ 259,918 Lyric Avenue (Livingston to Blain Rehab 60 Collector 615 $ 57,103 Minnetonka Highlands Lane M&O 62 Residential 1,100 $ 91,873 Linden Lane Rehab Residential 200 $ 15,449 East Long Lake Road S Rehab 45 Collector 962 $ 166,900 East Long Lake Road N Reconst 45- Collector 2738 $ 1,017,346 Windjamer North Arm to End Rehab 51 Residential 450 $ 71,834 Fox Street (Brown -Orono Orchar Rehab 60 Collector 4000 $ 418,271 Lyman Avenue M&O 63 Residential 1,000 $ 46,321 Tonkaview Lane M&O 63 Residential 1,850 $ 90,204 Townline Road (Shared with M&O 65 Collector 2,400 $ 140,426 Chevy Chase Drive M&O 67 Residential 3,000 $ 175,532 Kenwood Way M&O 67 Residential 550 $ 22,795 Kelley Parkway - OCB Rd to M&O 67 Collector 700 $ 72,666 Casco Circle M&O 69 Residential 2,600 $ 120,435 Dickenson Street M&O 70 Residential 1,300 $ 57,048 Glendale Drive M&O 70 Residential 600 $ 33,644 East Navarre Roads M&O 70 Residential 1,300 $ 181,019 Orchard Park Road M&O 70 Residential 2,650 $ 142,132 Rest Point Lane M&O 70 Residential 650 $ 28,524 North Arm Drive M&O 71 Collector 5,500 $ 299,747 Park Lane M&O 72 Residential 800 $ 29,255 Togo Road M&O 72 Residential 1,500 $ 73,138 Briar Street M&O 73 Residential 1,050 $ 43,517 Livingston & Navarre Aves M&O 73 Residential 1,700 $ 231,751 Willow Drive - Fox St- Brown M&O 73 Collector 4,500 $ 242,987 Forest Lake Drive M&O 74 Residential 1,000 $ 58,511 Smith Avenue M&O 75 Residential 1,500 $ 65,825 Navarre Parking Lot CS $ 12,050 Public Works Parking M&O $ 119,560 City Hall and Police Parking CS $ 35,000 Total $ 1,047,070 $ 1,302,021 $ 644,295 $ 1,073,300 $ 766,734 $ 340,656 $ 1,597,433 Balance 1 1 $ 118,930 1 $ 116,909 1 $ 322,615 1 $ 99,314 1 $ 182,580 1 $ 691,925 1 $ 55,508 AGENDA ITEM Item No.: 19 Date: May 29, 2018 Item Description: Consider a petition to convert a portion of Bracketts Point Road from Private ownership to the Public Road Presenter: Jeremy Barnhart, Community Agenda Planning Department Development Director Section: Report 1. Purpose. Consider a petition requesting the city convert the private portion of Bracketts Point Road to a public road. 2. Background/ Summary. This item was originally posted for the May 14' City Council meeting, but was pulled at the request of the applicant. On April 9th, the City Council received a petition from the property owners at the southern end of Bracketts Point Road to transfer that road from private to public. The Council tabled action at that time, and agreed to discuss the issue at their workshop on April 23' On April 23', the council discussed the issue; consensus was developed to not deviate from past practice and acquire private roads. 3. Staff Recommendation. Based on discussion and comments made on April 9th, staff has prepared a resolution formally denying the petition. COUNCIL ACTION REQUESTED Approve resolution denying the petition to transfer private Bracketts Point Road to Public. Exhibits Exhibit A. Resolution Reference A. Staff report to Council April 9, 2018, including attachments Prepared By: J. Barnhart Reviewed By: JS)�a Approved By: -Sb9a CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. A RESOLUTION DENYING THE PETITION TO CONVERT THE PRIVATE PORTION OF BRACKETTS POINT ROAD TO A PUBLIC STREET WHEREAS, Bruce Paddock, Mark Headrick, and Laurie Headrick ("Owners") are owners of three residential lots at the southern end of Bracketts Point Road, and WHEREAS, Bracketts point road, from its beginning at Shoreline Road, south approximately 1,760 feet is a public road. WHEREAS, Bracketts Point Road, from this point on to its southern terminus, serving the Owners three lots, is a private road, ("Road"). WHEREAS, on February 22, 2018, the Owners filed a petition requesting the private portion of Bracketts Point Road to be converted to Public Ownership; and WHEREAS, on April 9, 2018, the City Council reviewed the petition. The Owners were given the opportunity to speak. On April 9, the Council tabled action to discuss the request in workshop; and WHEREAS, on April 23, 2018, the City Council discussed the request and the potential need for a shift in policy, but electing not to deviate from current practice; and NOW, THEREFORE, BE IT RESOLVED that the City Council of Orono, Minnesota hereby denies the request as described above based on one or more of the following findings of fact concerning the Property: FINDINGS OF FACT: 1. 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 Private road width or right of way width is not to city standards. 3. The private cul de sac does not include the radii consistent with city standards. CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 4. The Road was built with the knowledge that the maintenance (repair, snow removal, etc.) were the responsibility of the Owners. 5. In considering this Petition, the Council feels that the request did not justify deviation from long standing policy regarding the conversion of roads. 6. The Council is concerned that deviation from policy would encourage more and more conversions. CONCLUSIONS, ORDER AND CONDITIONS: Based upon one or more of the above findings, the Orono City Council hereby denies the petition to convert the Road to a public road: ADOPTED by the Orono City Council on this 29th day of May, 2018. ATTEST: CITY OF ORONO: Anna Carlson, City Clerk Dennis Walsh, Mayor 2 AGENDA ITEM Item No.: 20 Date: May 29, 2018 Item Description: 1440-1442 Shoreline Drive Rental License Presenter: Soren Mattick, Agenda Section: City Attorney City Attorney Report Purpose. Soren Mattick will be presenting this item. Prepared By: AMC Reviewed By: AMC Approved By: -TV