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03-12-2018 Council Packet
Agenda for Council Meeting Set for Monday, March 12, 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 February 26, 2018 2. Council Work Session Minutes of February 26, 2018 3. Claims/Bills 4. Approval of 2018 Massage Therapy License Renewal 5. 2017 Sanitary Sewer Pay Request No. 1 - Final 6. Wayzata Blvd (CSAH 112) Phase 2 Landscape Design Proposal 7. Golf Course Clubhouse Foundation Waterproofing 8. Authorization for Disposal of Firearms 9. Authorization to Replace Squad #230 10. #LA18-000004 — Gates General Contractors o/b/o Chris & Leslie Neugent, 710 Big Island, Variances — Resolution 11. #LA18-000006 — Elevation Homes o/b/o Whitehall II, 1390 Fox Street, Variance — Resolution 12. Assignment of Development Agreement — Crystal Bay Business Center 13. Local 12 Union Contract Language Adjustment - Repeal and Replace 14. #LA18-000001 — Allen Merrill, 1161 Elmwood Ave, Right of Way Vacation of Grand View Avenue — Resolution 15. Authorization to Amend City Ordinance Related to Septic Rules. 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. Mayor/Council Report City Administrator's Report City Attorney's Report 16. Closed Meeting to the Discuss Collective Bargaining Agreement with International Union of Operating Engineers, Local 49, AFL-CIO Adjournment Sign up for email notifications at www.ci.orono.mn.us — follow links for Stay Connected & Email Notification Agenda for Council Meeting Set for Monday, March 12, 2018, 7:00 P.M. Orono Council Chambers, 2780 Kelley Parkway, Orono, MN 55356 952-249-4600 / www.ci.orono.mn.us Upcoming Events 2018 03-13-18 Parks Commission Meeting, Monday, 6:30 p.m. 03-16-18 Big Island Steering Committee Meeting, Friday, 2:00 p.m. 03-19-18 Planning Commission Meeting, Monday, 6:30 p.m. (Victoria Seals) 03-20-18 City Council Work Session, Tuesday, 5:00 p.m. 03-20-18 City Council Meeting, Tuesday, 7:00 p.m. 04-09-18 City Council Meeting, Monday, 7:00 p.m. 04-16-18 Planning Commission Meeting, Monday, 6:30 p.m. (Wendy Dankey) 04-18-18 Open Book Meeting, Wednesday 4:00 p.m. 04-23-18 City Council Work Session, Monday, 5:00 p.m. 04-23-18 City Council Meeting, Monday, 7:00 p.m. 05-07-18 Park Commission Meeting, Monday, 6:30 p.m. 05-14-18 City Council Meeting, Monday, 7:00 p.m. 05-21-18 Planning Commission Meeting, Monday, 6:30 p.m. (Dennis Walsh) 05-28-18 Memorial Day, City Offices Closed 05-29-18 City Council Work Session, Tuesday, 5:00 p.m. 05-29-18 City Council Meeting, Tuesday, 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, February 26, 2018 7:00 o'clock p.m. ROLL CALL The Orono City Council met on the above-mentioned date with the following members present: Mayor Dennis Walsh, City Council Members Richard Crosby, III, Wendy Dankey, and Aaron Printup. Representing Staff were City Administrator Dustin Rief, Community Development Director Jeremy Barnhart, Finance Director Ron Olson, City Engineer/Public Works Director Adam Edwards, Consulting City Engineer David Martini, 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 Item No. 4 was removed from the Consent Agenda. CONSENT AGENDA 1. CITY COUNCIL MEETING MINUTES OF FEBRUARY 12, 2018 2. CLAIMSBILLS 3. SEASONAL WEIGHT RESTRICTIONS RESOLUTION NO. 6834 4. PUBLIC WORKS FENCING This item was removed from the Consent Agenda. 5. APPOINTMENT OF 2018 SEASONAL EMPLOYEES 6. SNOW AND ICE POLICY REVISION 7. REHABILITATION OF LIFT STATION #9 (1580 BOHNS POINT ROAD) AND GRINDER STATION #2 (1082 FERNDALE ROAD WEST) Crosby moved, Dankey seconded, to approve the Consent Agenda as submitted. VOTE: Ayes 4, Nays 0. PUBLIC COMMENTS Dean Patterson, 300 Lindawood Lane, Long Lake, asked if there are any plans to discuss the lockdown that occurred at the Orono Schools last week. Walsh noted the Orono School Board is meeting tonight and will likely be discussing that item. In addition, the City Council had a workshop discussion with the School Superintendent Police Chief earlier this evening and will be meeting again in the future to discuss school safety. Walsh stated the school and the police department will be taking the lead on that item. Page 1 of 13 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, February 26, 2018 7:00 o'clock p.m. PRESENTATION 8. FINANCIAL REPORT Financial Director Olson noted he presented a fairly comprehensive financial report approximately one month ago. At that time the City had not yet received all the invoices for 2017 and had not received the final tax payment so the numbers had not been totally finalized. Olson stated at this point, the only time an expenditure would apply to 2017 is if it was a significant expenditure and that any outstanding smaller invoices for 2017 will be applied toward 2018. Olson noted overall the City's revenues ended up at 106 percent of budget, with licenses and permits and pass-through charges for services helping to push that number up. Olson stated that had a lot to do with a very healthy housing market in Orono. In addition, the Orono Golf Course generated $45,000 more in revenue than what was anticipated. Olson noted the City has increased that budget from $100,000 two years ago to $180,000 in 2018. As it relates to 2018 revenues, the first quarter revenues are typically low but then start to go up the beginning the second quarter. As it relates to expenditures, the City ended the year at approximately 98.52 percent of the budget. Some department budgets were over budget due to some lawsuits and the process involved with the hiring of a new city administrator. Olson reviewed the City's 2017 top ten vendors, noting that a detailed list will be included in next quarter's report. PUBLIC WORKS/CITY ENGINEER REPORT 4. PUBLIC WORKS FENCING Edwards stated the intent of this item is to approve the quote for a fence and gate at the Public Works facility. Edwards indicated the fence would separate the public portion of the parking lot from the Public Works facility and is needed to prevent unauthorized vehicles from driving into that area. The existing gate would be replaced and the new fence and gate would sit back a little further. Walsh asked how people would be able to access the gate. Edwards indicated there would be a key pad with a code similar to what the police department has. Walsh requested the City Council members be provided with that code. Crosby moved, Dankey seconded, to accept the quote from Northern Specialties, Inc., to install security fencing and a gate at the public works facility. VOTE: Ayes 4, Nays 0. Page 2 of 13 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, February 26, 2018 7:00 o'clock p.m. 9. 2018 ROAD MAINTENANCE PROJECT — APPROVAL TO SOLICIT BIDS Edwards provided an update to the City Council on the 2018 street maintenance projects. Edwards noted given the engineer's preliminary estimate, there is insufficient funding to complete all of the roads. Staff is recommending one of the roads be included in the bid as an alternate. If the bids come in lower than anticipated, that road could then be included along with the projects. Edwards recommended the alternate road be Forest Arms Lane since the cost is right around the number that the City is short and the condition of the road could reasonably be expected to last another year. The anticipated total for the 2018 road projects is approximately $2 million. Edwards noted $400,000 of the additional City revenue from 2017 has been included in the estimate and that they are looking at a balance from last year in the Pavement Management Fund of approximately $233,000. Walsh stated given those two numbers, the City has $633,000 total to work with. Edwards noted there would also be the levy of $383,000. Walsh stated with all those numbers added together, it comes to a little over a million dollars. Walsh noted Forest Arms Lane is estimated at approximately $367,000. Edwards stated during the design process, the soil borings came out worse than what was projected underneath the pavement, which added significantly to the cost estimate for Forest Arms Lane. Wildhurst and West Lafayette also came in higher than what was originally projected. Walsh commented the City has figured out the problems with the various roads but that it is going to cost more to fix them and as a result, they might only be able to complete six road projects this year. Crosby asked if North Arms is not as dire. Rief indicated it is in slightly better condition than the other roads and the other reason is to delay one project rather than a number of smaller projects. Walsh asked if the funding estimate also takes into account the extra $100,000 from the tower revenue. Olson indicated it does not. Dankey moved, Printup seconded, to authorize the solicitation of bids for the 2018 road improvement projects, with North Arms Road being included as an alternate bid. VOTE: Ayes 4, Nays 0. 10. LEAF STREET — APPROVAL TO SOLICIT BIDS Edwards stated Leaf Street has been kept separate from Item No. 9 because it is an MSA road. The cost projections are slightly lower than what Staff originally anticipated. Dankey moved, Crosby seconded, to approve the plans for the improvements to Leaf Street and to authorize Staff to solicit bids. VOTE: Ayes 4, Nays 0. Page 3 of 13 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, February 26, 2018 7:00 o'clock p.m. PLANNING DEPARTMENT REPORT 11. #18-3998 JAMES AND MARY JUNDT, 1400 BRACKETTS POINT ROAD, PRELIMINARY PLAT, STREET VACATION — RESOLUTION NOS. 6835 & 6836 Barnhart reviewed his Staff report regarding a request for preliminary plat approval and right-of- way/easement vacation associated with a proposed 5 -lot subdivision located at 1400 Bracketts Point Road. All lots meet the requirements of the zoning ordinance in terms of lot width and size and the plan is consistent with the Comprehensive Plan. The main feature of the project is the relocation of a portion of public Bracketts Point Road from the western edge of the peninsula to the center of the peninsula. This relocation will require vacation of the existing right-of-way and the sanitary sewer easement along this road. The proposed configuration and cul-de-sac improve the circulation in the area, allows for a more efficient turnaround, removes hardcover away from the lake, and creates a more logical route for access to the three lots to the south of the point. The Planning Commission voted 5-0 on two separate motions; one, to approve the right-of-way and the easement vacation; and two, to approve the preliminary plat as recommended in the staff report. During the public hearing a neighboring property owner commented that the private portion of Bracketts Point Road should be converted to a public road. Since that meeting that property owner has contacted city hall with a petition to convert the road from private to public. The road is currently proposed simply as a relocation of an existing public road and is proposed to remain public. Staff will investigate the condition of that road and report back to the City Council in the future. Staff recommends approval of the preliminary plat and vacation of the road and easements subject to the conditions outlined in the staff report. Barnhart noted the DNR supports the vacation as well. Chuck Algon, Developer, stated they accept the staff report as presented and there are no additions or corrections. Dankey asked if the City would perform the work to relocate the sewer line. Barnhart indicated the developer will complete the work to City specifications at their expense and the City will approve the work after completion. Walsh commented the application is pretty straight forward. Printup moved, Crosby seconded, to adopt RESOLUTION NO. 6835, a Resolution Approving Preliminary Plat for Southways, and to adopt RESOLUTION NO. 6836, a Resolution Vacating a Portion of Brackett's Point Road and Sanitary Sewer Easement, subject to Staff recommendations. VOTE: Ayes 4, Nays 0. 12. #17-3984 CITY OF ORONO, TEXT AMENDMENT, SHORT-TERM (VACATION) RENTALS — ORDINANCE NO. 204, THIRD SERIES Barnhart noted at the February 12 meeting, the City Council directed Staff to draft an ordinance that requires a license of all residential rental property and a prohibition of any rental term less than 30 days, except for a homesteaded property owner may rent up to two rooms of their home while occupied by the Page 4 of 13 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, February 26, 2018 7:00 o'clock p.m. 12. #17-3984 CITY OF ORONO, TEXT AMENDMENT, SHORT-TERM (VACATION) RENTALS — ORDINANCE NO. 204, THIRD SERIES — Continued property owner. In addition, the City Attorney added some language provisions relating to suspending, revoking, non -renewals, or denial of a license. Barnhart noted the draft ordinance received by the City Council on Friday included some language relating to building and fire safety codes involved with a license. Staff from the beginning has looked at the ordinance as a means to obtain information about who is renting in the City and the extra level of building code inspection was not the intention. Barnhart noted he sent a new draft out earlier today without that language. Staff recommends the Council consider two additional exceptions in addition to the homesteaded property renting a room, group homes, etc.: 1. Snowbird rentals, which allows a snowbird to rent their home up to 120 days without a license. The homeowner must occupy the home the remainder of the year. 2. Activity Duty Military, which allows an active duty service person to rent their home without a license. Barnhart noted the draft ordinance does not require a license for a resident to rent up to two rooms for up to three unrelated persons. The exception does not limit the number or age of renters due to enforcement challenges. The proposed license is for two years. Barnhart stated overall it is Staff's belief the ordinance does what the City Council would like to accomplish in relation to rentals. Dankey asked if it will cost the City $50,000 to implement this ordinance. Barnhart indicated that is his best estimate and that he has included a summary of the anticipated costs in the Council packet. In addition, implementing a licensing program will require an amendment to the City's fee schedule. Assuming 500 rental properties, Staff estimates a cost of approximately $100 per rental unit, which amounts to $50 per year for each two-year license. If the Council desires a lower per year cost, the license term could be extended to three years. In addition, Staff recommends a reinstatement fee of $750, plus the license fee. The reinstatement fee is intended to offset the additional investigation and process costs expected in a revocation or suspension process. Dankey commented it appears the people renting are getting a deal since it is costing the City a significant amount of money. Dankey stated she is still concerned about the ordinance. Walsh stated the City is looking to recuperate those costs through the licensing fee. Crosby noted the ordinance will also have a waiver for military and snowbirds. Walsh stated those items are up for discussion. Page 5 of 13 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, February 26, 2018 7:00 o'clock p.m. 12. #17-3984 CITY OF ORONO, TEXT AMENDMENT, SHORT-TERM (VACATION) RENTALS — ORDINANCE NO. 204, THIRD SERIES — Continued Dankey asked if the outlined costs are for every two years. Walsh noted it would be a two-year cost of $50,000. Dankey stated in her view there will be fewer than 500 people to cover the costs. Walsh stated that is a reason to review the ordinance periodically. Rief noted the costs are on a per unit basis and that Staff just used 500 as an example. Dankey stated due to the requirement of 30 days or more, the number of rentals may go way down. Crosby stated he is in favor of the carve out for the military. Walsh stated the biggest issue is the City obtaining information on who is renting in the City. Walsh noted the very last page of the ordinance has Item A where it states that no person can rent for less than 30 days. Walsh stated he understands not every snowbird house will be homesteaded and that he would recommend eliminating the word homesteaded and simply say the house has to be owner -occupied. Walsh asked if anyone from the public would like to comment on this item. George Funk, 540 Old Crystal Bay Road, stated he is an Airbnb host and that he has attempted to follow this process. Funk noted he lives across from Bruce Lemke, who is on the Planning Commission, and that he was not aware of any problem. Funk stated Staff also does not think this is a problem, and that he is a little concerned about passing an ordinance when there does not seem to be a problem. Funk stated the ordinance is well written but wordy and that it does not seem it applies to him. Funk indicates he lives in his home and rents approximately 100 days a year. Funk indicated he would not be able to live there without that income, and as a citizen, he would like the City Council to take that into account. Funk noted Airbnb has good background checks and that he has not experienced any problems. Walsh asked if he rents out a room or two. Funk indicated it is a room. Walsh stated the ordinance would not apply to him. Funk commented he does not know if the ordinance has been well thought through There were no further public comments. Page 6 of 13 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, February 26, 2018 7:00 o'clock p.m. 12. #17-3984 CITY OF ORONO, TEXT AMENDMENT, SHORT-TERM (VACATION) RENTALS — ORDINANCE NO. 204, THIRD SERIES — Continued Printup moved, Crosby seconded, to adopt ORDINANCE NO. 204, Third Series, an Ordinance Amending the Orono Municipal Code by Adding Article IV to Chapter 26 Regarding Rental Licensing and a Prohibition of Short -Term Rentals, with removal of 2680-E, and 2686A to eliminate the word homesteaded and to only say owner -occupied. VOTE: Ayes 3, Nays 1, Dankey opposed. Printup moved, Crosby seconded, to adopt ORDINANCE NO., Third Series, an Ordinance Amending the 2018 Fee Schedule. VOTE: Ayes 3, Nays 1, Dankey opposed. 13. VERIZON AUTHORIZATION FOR CONDITIONAL USE PERMIT APPLICATION Barnhart stated City ordinance allows telecommunication antenna or devices to be located on city -owned structures other than a water tower with a conditional use permit. The conditional use permit is issued to the property and not the applicant. In this situation Verizon has approached the City requesting permission to put an antenna at two locations and they require the permission from the property owner, which is the City. Barnhart noted Staff is not able to give that permission and so the request has been brought before the City Council. If the request is approved, Verizon will go through the conditional use permit process, including a public hearing, and then final approval by the City Council. Barnhart stated Verizon would like to erect a tower near or at the Orono Golf Course. Mounted at the base of the tower would be the equipment within a fenced area. Placement of a tower on the golf course may impact future plans of the golf course. The weather warning siren map depicts a hole in that location. The second location is near French Creek Preserve off of Old Crystal Bay Road. There is an existing tower and siren at that location and Verizon is proposing to relocate the existing siren and pole from the drive to the park about 450 feet to the northeast. The replacement pole is proposed to be 90 feet in height. City ordinance allows for a maximum of 75 feet. Staff supports authorization for an application at the golf course. Staff does not support a conditional use permit for the 90 -foot tower at French Lake Preserve. Walsh asked if the City has standards for the siren. Police Chief Farniok stated when locating warning sirens, they look at the impacts to the City. Typically the sirens are located in concentrated, denser areas. Farniok stated that does not mean the siren would not be effective at the proposed location since the City has several gaps that the weather sirens currently do not cover. Walsh asked if it would be his recommendation to install a siren there. Farniok indicated it would be a benefit because it would alert users of the Luce Line and the golf course. Farniok noted sirens vary in decibels emitted and that he would recommend contacting the City's vendor Page 7 of 13 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, February 26, 2018 7:00 o'clock p.m. 13. VERIZON AUTHORIZATION FOR CONDITIONAL USE PERMIT APPLICATION —Continued that is used for maintenance of these systems and speak to them about the appropriate size and fit for that area. Printup asked whether they would go on existing infrastructure. Barnhart indicated at French Creek Preserve Verizon is proposing to erect a new 90 -foot pole in a new location and the existing pole would be removed. A brand-new pole would be erected at the golf course. Walsh asked how big the pole is currently. Barnhart stated to his knowledge it is a telephone pole. Crosby asked what the benefit is to Verizon. Barnhart stated Verizon has identified some connectivity issues. Dankey asked how many cell phone towers are currently in the City. Barnhart stated it is his belief that each of the City's water towers have an antenna but that he does not have the exact number. Ron Viera, Verizon representative, stated Verizon has coverage basically everywhere but some areas are lacking capacity. These two areas have been pinpointed because they are lacking in capacity. Viera indicated they are looking at a stealth type application at the golf course where the equipment is internal to the pole. A flag can be mounted on the pole as well. Viera stated in some cases they make the tower look like a pine tree. Walsh asked if this would strictly be for Verizon. Viera stated the two antennas would be for Verizon but that there is room for another vendor's equipment as well. Dankey asked who would own the tower and manage it. Viera stated the City would own the land and Verizon would pay a monthly fee. Viera stated Verizon rents a space on the water tower. Dankey asked how long the lease would be. Viera stated it would be a long-term lease and would cover 25 years. Viera noted the higher pole is needed to get above the pine trees. Printup asked whether the tower at the golf course would resemble a pine tree. Viera stated that is one option. Page 8 of 13 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, February 26, 2018 7:00 o'clock p.m. 13. VERIZON AUTHORIZATION FOR CONDITIONAL USE PERMIT APPLICATION — Continued Barnhart displayed a photograph of the proposed tower at the golf course. Barnhart pointed out the tower will be relatively well screened from the road but would be visible to people on the golf course. Crosby asked what the permitting process is on this type of request. Barnhart indicated it would be a conditional use permit. City Attorney Mattick stated typically the City handles the lease and the conditional use permit at the same time. Printup asked whether it would be an IUP or a CUP. Barnhart stated it would be a long-term lease and would require a conditional use permit. Printup commented he can understand the need for more bandwidth and that he has less concern after seeing the simulation, but that he also understands how people will not want to look at them. Crosby stated from the photos, the towers look like evergreens. Crosby asked whether other companies would be able to utilize the towers. Viera indicated one other company would be able to utilize the tower. Walsh asked whether anyone from the public would like to comment on this item. Marsha Rockey, 180 Orono Orchard Road, noted she lives in the area of the golf course and that she is adamantly opposed to this. Rockey indicated she currently receives fine service from Verizon and that she can also hear the warning sirens just fine even though she is hard of hearing. Rockey stated she has lived here for 45 years and that the area is zoned residential. Rockey stated she is adamantly opposed to any conditional use permit that would change the atmosphere in their neighborhood. Rockey commented the golf course has always been a park and a wonderful asset for the community and that it should not be an area for commercial business. Gordon Stilfer, 190 Orono Orchard Road, stated his concerns revolve mostly around environmental and safety issues. Stilfer commented it is a beautiful area and the natural beauty is why they relocated to this area. Stilfer stated he is worried about his kids and that he does not want a cell phone tower located 100 feet from his house due to safety and environmental concerns. Stilfer noted he is an AT&T customer and that he has fine service, which makes him wonder why Verizon is having problems, and that he can also hear the weather sirens. Stilfer stated it seems a little strange to combine the weather siren with the cell phone antennas and that he is curious to know how much money is involved here. Stilfer stated he is vehemently opposed to the request and that commercial uses should be confined to more commercial areas. Page 9 of 13 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, February 26, 2018 7:00 o'clock p.m. 13. VERIZON AUTHORIZATION FOR CONDITIONAL USE PERMIT APPLICATION — Continued Jane Delaney, 1315 Woodhill Avenue, stated she lives across from the golf course. Delaney indicated she has brought some visuals of the golf course tower. Delaney displayed a picture of the proposed tower closer up. Delaney commented that it looks like a crematorium or something given the huge pipe with a flag on the end. The second picture is also from Verizon's proposal. Delaney indicated she measured the height of the club house and that the pole would be more than twice as high as the club house. Delaney commented she has worked with the Stay the Course committee and that they have put a lot of work into improving the golf course. In addition, the City has put a lot of money into the golf course in the last few years and that she would hate to have this monstrosity at the golf course. Delaney noted the City is talking about constructing a new deck at the golf course, which may be impacted now due to the tower. Delaney commented they have been working to make the golf course a wonderful place to go, and if the City Council allows this, the users of the golf course are going to look up and see this gigantic tower. Delaney stated in her view it would be a travesty. Delaney noted the Orono Golf Course will be celebrating its 100th anniversary in 2024 and that to clutter it up with something to help one company get cell service will not benefit the golf course. Walsh noted this is the first time the City Council has heard about this request. Delaney stated it also appears there will be quite a bit of tree loss. Delaney noted the other interesting thing is on the footprint map it says there is an existing forest behind the tower, but most of it is overgrown buckthorn that needs to be removed. Delaney stated she is hoping this does not proceed forward and that she does not see any benefit for the City. Printup asked how big the base of the tower is roughly. Delany indicated it appears to be a 30' x 13' enclosure and then they would also need room for the gate to open in addition to a retaining wall. Delaney commented she imagines the brush will be wiped out when they install it. Barnhart noted Staff has not analyzed the site plan or landscaping at this point and that they are looking for direction from the City Council on whether Verizon can proceed with a conditional use permit. Crosby asked whether this could be delayed until the weather improves and the City Council can physically visit the sites. Barnhart stated Staff can bring it back in May or June and that there is no formal application at this point. Crosby stated public safety is an important issue and technology is an asset, but if it is intrusive to the neighbors, that needs to be taken into consideration. Delaney stated there are also questions about RF waves and whether they are good or bad for you. Delaney noted they cannot turn a cell tower off and that it will be emitting all day and all night. Delaney noted all three of them have bedroom level rooms that would be at the emitting level. Printup indicated he understands the need for public safety and the desire for better technology, but that he would be fine without a tower and siren given the visual and environmental issues for the neighbors. Page 10 of 13 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, February 26, 2018 7:00 o'clock p.m. 13. VERIZON AUTHORIZATION FOR CONDITIONAL USE PERMIT APPLICATION — Continued Delaney asked if the siren could be installed on any telephone pole. Walsh stated if it was just a siren issue, the City could deal with that by themselves. Delaney commented the siren should not be a selling point for buying into this. Viera stated cell phone towers are a necessary evil and that Verizon is limited in their sites where a tower can be installed. Viera stated unfortunately people and businesses cannot have good coverage without cell phone towers. Rockey noted she currently has coverage and she has Verizon. Walsh commented the process seems a little backwards and that he would like it to go before the Planning Commission and the Park Commission before it comes to the City Council. Barnhart stated this process is a little unorthodox because the City is typically not the landowner. Walsh stated in his view Verizon should go through the conditional use permit process so the City Council can receive more input from the public and Staff. Barnhart asked whether Staff should wait until May to bring this item back before the City Council. Walsh stated he would be okay with approving the conditional use permit process. Printup stated he does not see the need for the towers and questioned whether the City would be wasting time and energy by going through the application process. Walsh commented it would be a good process to go through and that it would be helpful to get more feedback. Crosby stated with more people eliminating their landlines, cell phone towers have become more important. Rief stated part of the concern is the lack of coverage in the Wayzata area and the Highway 112 corridor. Delaney stated she would like to see some data that people are losing cell phone service in this area since she has not experienced that. Walsh stated that would be part of the public hearing process. Delaney stated if someone's cell phone coverage does not work, they could go with a provider where it works. Page 11 of 13 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, February 26, 2018 7:00 o'clock p.m. 13. VERIZON AUTHORIZATION FOR CONDITIONAL USE PERMIT APPLICATION — Continued Crosby moved, Dankey seconded, to authorize Staff to be a co -applicant with Verizon on a conditional use permit application requesting permission to place cellular antenna on city -owned property. Vote: Ayes 4, Nays 0. MAYOR/COUNCIL REPORT Dankey thanked the Orono Police Department, the Orono School District, and Karen Orcott for their quick thinking and their joint efforts in keeping the kids safe during the lockout. Crosby stated he would like to second that comment and that the residents appreciate the Police Department. Crosby congratulated the U.S. Women's hockey team for winning gold. Crosby noted his neighbor, Sidney Moran, was on the team. Crosby noted Neil Gessey and Jim Elder have retired from the Long Lake Fire Department and that he would like to thank them for their service. Printup stated he would echo those sentiments, and that based on his knowledge of the efforts taken by everyone, he feels safer today than he did a week ago and a month ago. Walsh stated he happened to be out of the country at the time but was in touch with City Staff and that he appreciates everyone's efforts in keeping the students safe. Walsh noted he did receive a number of comments from people who said it was very ironic that Orono was named Minnesota's safest city just a few days before the event happened but that the teams Orono has in place help illustrate why Orono is the safest. Walsh stated he posted on his mayoral website and the City's website the picture of the support canine that Orono adopted last week and that the outpouring of likes and comments was more than he has ever had. Walsh stated Orono is a huge dog community, which is nice to see. CITY ADMINISTRATOR'S REPORT City Administrator Rief stated he would also like to thank Police Chief Farniok and that it was phenomenal to see all the departments work together to achieve the best possible outcome. CITY ATTORNEY'S REPORT 14. CLOSED MEETING Crosby moved, Printup seconded, to enter into closed session as permitted by attorney-client privilege to discuss the lawsuit between Mary McKenzie versus the City of Orono. VOTE: Ayes 4, Nays 0. Page 12 of 13 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, February 26, 2018 7:00 o'clock p.m. (The City Council went into closed session from 8:21 p.m. to 8:56 p.m.) ►�010 90lLVA I D1 0" Printup moved, Crosby seconded, to adjourn the Orono City Council meeting at 8:56 p.m. VOTE: Ayes 4, Nays 0. ATTEST: Anna Carlson, City Clerk Dennis Walsh, Mayor Page 13 of 13 Minutes of the Orono City Council Work Session Monday, February 26, 2018 Council Chambers 5:00 p.m. PRESENT: Mayor Dennis Walsh, Council Members Richard F. Crosby II, Wendy Dankey, and Aaron Printup. Representing staff were Development Director Jeremy Barnhart, Police Chief Correy Farniok, Director of Public Works/City Engineer Adam Edwards, and City Clerk Anna Carlson. Meeting Start Time: 5:05 p.m. 1. Trails — Maintenance of Dakota Trail Director of Public Works/ City Engineer Adam Edwards began presentation of the Trails and the city's process for maintaining its trails. Edwards noted that there is a program within Three Rivers that allows municipalities to opt in to perform winter maintenance of their trail system. To do so, the city would need to fill out an application and identify which section of the trail we intend to do maintenance and what kind of maintenance the city plans to do on that portion of the trails and why. The City would also need to submit a proof of insurance and sign a waiver accepting liability for damages that may occur on the trails during maintenance. Edwards reached out to Three Rivers to find out what other cities opt in for winter maintenance on the trails, finding that there are none that opt in. It's not our asset, The group collectively discussed the liability issues that could arise from maintaining the trails and the issues that it could create with the inconsistency of maintenance along the trails. 2. Hiring & Training Standards City Administrator, Dustin Rief presented a Human Resources Update. Rief mentioned that he has been searching for ways to improve our process internally. Rief mentioned that Standards for training and hiring has already begun within the Public Works Department. Edwards mentioned that there are three main areas for hiring and training standards within Public Works. The city has implemented a hiring process that relates to maintenance works comprised of a series of two interviews. The city has altered the second interview into a performance based interview. During the second interview candidates are asked to do two exercises. The first exercise includes identifying certain tools and explain how it's used, or how it works. The second exercise is an equipment exercise, and candidates use equipment and judgement is based off of the subject's ability to do the task. Edwards felt that it was a very good way of filtering the candidates and that it showed their potential, their willingness to ask questions, and their abilities to perform a task and operate equipment. 2. Hiring & Training Standards — Continued Mayor, Dennis Walsh asked if they tell the candidates that they will be tested beforehand. Edwards answered yes. Rief mentioned that the city has come up with a list of questions to help distinguish information that the new employee may need to learn and be safe. Edwards mentioned the biggest challenge is to find out if one would actually pass the test outside of the classroom. To attempt to tackle this issue, we have created a spreadsheet of tasks to check off as the employee progresses through employment. Council Member, Wendy Dankey mentioned that she likes how they are currently doing this process, are they using it in all and other areas. Rief mentioned that we would like to work on it with every department. We intend to work on the finance department first and simultaneously work on the other departments. 3. Orono Schools Event Update — Correy Farniok Orono Schools Superintendent, Karen Orcutt started off with a huge thank you. Orcutt noted that the team worked great together. The support of the schools and the police department was incredible. Orono Police Chief, Correy Farniok started by addressing the various partnerships that were used during the School Lock Down. Without having those partnerships developed it would have been very difficult to work out a solution. Building those relationships early on is key in working out a successful solution for this situation. When the situation came about a helpful team of four investigators from Minnetonka, Hennepin County Sheriff's Office and FBI task forces showed up to help out. Farniok mentioned that the partnerships between the City, School, and Police Department made this situation successful. Farniok noted some of the positives that came from this situation. We had peer support, and others that could envision various aspects of the issue which was useful in coming up with a plan and critically solve the problem. There were some positive things like the school sending out updates every 15 minutes. We learned relaying the same message from the school, city and police department instead of separate updates could be more beneficial for future purposes. The focus was the kid's safety and that was the priority. The Police Department tried to work around the inconveniences, but the safety of the kids and school staff was the priority. Farniok also described the central meeting area for parents and the updates that went on there. Farniok noted that the communication was great. It was good to have a city official there. The school staff working in that situation was phenomenal. 3. Orono Schools Event Update — Correy Farniok — Continued Farniok mentioned possible areas for improvement. We could have set up of EOC differently and more efficiently for any possible future situations. We should consider the Media staging area to be set up in a different than what was used in this situation. Using the Council Chambers could have been used instead of the EOC area for a press conference. Orcutt mentioned that they have a team structure for emergencies in place and crisis teams running out of the school as well preparing for any kind of action needed for any situation. Council Member Aaron Printup mentioned the GoFundMe me page. He would like to focus on the positive side of the situation and encourages the council stay on the positive side. Walsh mentioned that team work and alliances with the school, city, and police collaboration building that partnership made this situation work. Council Member, Richard Crosby mentioned that the collaboration was great. Crosby felt that the Police Department and special task forces did an outstanding job protecting the kids and staff along with establishing and achieving other objectives. Farniok mentioned that we should take the positive things that have come from this situation and share it. Orcutt noted that the GoFundMe me page was not put on by the school. The information released on this page was both true and false and the information was not released by the school. Orcutt also mentioned that the Blue Ribbon Committee will look at themselves, and prioritize needs and wants for this type of committee. Council Member, Aaron Printup would like to relook at this type of committee after some time has passed. We need to continue passing the positive scenario message. Meeting End Time: 6:55 p.m. ATTEST: Anna Carlson, City Clerk Dennis Walsh, Mayor AGENDA ITEM Item No.: 3 Item Description: Claims/Bills Date: March 12, 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 109124 to 109195, totaling $337,011.37. 3. Noteworthy Payments. Vendor Amount Description of Payment # 109132 Bob's Repair of Mayer $7,050.00 Payment for the purchase of the Big Island Park mower. #109136 Cargill Salt $14,048.34 Payment for the purchase of road salt. #109194 Insituform $207,134.50 Payment number 1 and Final for the 2017 Sewer Improvement Project. 4. Staff Recommendation. Staff recommends approval of a motion authorizing payment to the claims list as presented. COUNCIL ACTION REQUESTED Motion to approve the claims list as presented. Exhibits Exhibit A. Check Register Prepared By: `q1W Reviewed By: JqJ(9 Approved By: -19 City of Orono Check Register - COUNCIL REPORT Check Issue Dates: 2/27/2018 - 3/12/2018 Check Check Invoice Invoice GL Account Description Department Payee Issue Date Number Number Advance Auto Parts 03/12/2018 109124 6974-315549 701-49800-403 Snow Plow Markers Total 109124: ADVANCED IMAGING SOLUTIO 03/12/2018 109125 351815170 101-41900-413 CH Copier Lease 2/20/18-3/20/18 Central Services ADVANCED IMAGING SOLUTIO 03/12/2018 109125 351837356 101-42110-413 Police Copier Lease 02/20/18-03/20/18 Police Department Total 109125: ALLSTREAM 03/12/2018 109126 15193171 101-42110-321 Phone service Police Department ALLSTREAM 03/12/2018 109126 15193171 101-41900-321 Phone Service Central Services ALLSTREAM 03/12/2018 109126 15193171 601-49400-321 Phone Service Water ALLSTREAM 03/12/2018 109126 15193171 602-49450-321 Phone Service Sewer Total 109126: ALTEC INDUSTRIES, INC. 03/12/2018 109127 10903965 101-45210-221 Golf Sprayer Parts Golf Course Total 109127: ANOKA COUNTY SHERIFF'S OF 03/12/2018 109128 022618 101-42110-437 Dynamics of Officer/Citizen Encounters Training Police Department Total 109128: ASPEN EQUIPMENT 03/12/2018 109129 10186617-A 701-49800-221 Snow Plow Unit 709 ASPEN EQUIPMENT 03/12/2018 109129 10186617-B 701-49800-221 Snow Plow Parts ASPEN EQUIPMENT 03/12/2018 109129 10187196 701-49800-402 Unit 424 Driver Step Support Total 109129: BCA TRAINING & DEVELOPMEN 03/12/2018 109130 022718 101-42110-437 DMT -G online recert, Jason Barnes Police Department BCA TRAINING & DEVELOPMEN 03/12/2018 109130 030518 101-42110-437 DMT -G online recert-M. Fournier Police Department Total 109130: BIFFS INC 03/12/2018 109131 W669807 101-45200-319 Lurton Restroom Parks Total 109131: Bob's Repair of Mayer Inc. 03/12/2018 109132 94408 405-48500-580 Big Island Mower Page: 1 Mar 09, 2018 07:43AM Invoice Amount 140.84 140.84 1,238.21 299.51 419.32 69.89 998.38 781.00 75.00 7,050.00 City of Orono Check Register - COUNCIL REPORT Page: 2 Check Issue Dates: 2/27/2018 - 3/12/2018 Mar 09, 2018 07:43AM Check Check Invoice Payee Issue Date Number Number Total 109132: Invoice GL Account Description Department Invoice Amount 7.050.00 BOLTON & MENK INC. 03/12/2018 109133 0208710 602-16500 2017 Sewer Improvements Public Works 4,264.00 BOLTON & MENK INC. 03/12/2018 109133 0210008 101-43170-304 Willow Trail Maintenance Engineering 3.00 BOLTON & MENK INC. 03/12/2018 109133 0210017 101-43280-304 Orono Preserve Special Services 1,444.00 BOLTON & MENK INC. 03/12/2018 109133 0212222 651-49910-304 GIS Stormwater Storm Water 129.60 BOLTON & MENK INC. 03/12/2018 109133 0212222 101-43170-304 GIS Updates Engineering 488.00 BOLTON & MENK INC. 03/12/2018 109133 0212668 101-43170-304 2017 Bridge Inspections Engineering 1,680.00 Total 109133: 101-43000-224 Road salt Public Works Department 1,668.78 CARGILL SALT 8,008.60 BUSINESS ESSENTIALS 03/12/2018 109134 OE -468688-1 101-41900-201 Office Equipments - Standing Desk Central Services 359.00 Total 109134: 109136 2903905472 101-43000-224 Road salt Public Works Department 359.00 CARDMEMBER SERVICE 03/12/2018 109135 022218 101-43000-240 Shop Supplies - Lef handed drill bits Public Works Department 36.49 CARDMEMBER SERVICE 03/12/2018 109135 022418 101-42110-402 carwash for #235 Police Department 10.00 CARDMEMBER SERVICE 03/12/2018 109135 022618 101-42110-201 Receipt, Inventory and Return forms for search warr Police Department 88.00 CARDMEMBER SERVICE 03/12/2018 109135 0226181 101-41110-439 Cookies for CC Meeting 2/26/18 Mayor & Council 6.99 CARDMEMBER SERVICE 03/12/2018 109135 022818 101-42110-201 Kitchen supplies Police Department 4.30 CARDMEMBER SERVICE 03/12/2018 109135 030118 101-42110-221 Audio converting software for PD (Kelly) Police Department 39.95 CARDMEMBER SERVICE 03/12/2018 109135 0301181 101-42110-221 Audio converter for PD (Heather) Police Department 39.95 CARDMEMBER SERVICE 03/12/2018 109135 0301182 101-42110-319 case #17-014452 Theft by Swindle/Fraud Case, Ad Police Department 15.00 CARDMEMBER SERVICE 03/12/2018 109135 0301183 101-42110-439 Coffee for meeting/PD activities Police Department 7.99 CARDMEMBER SERVICE 03/12/2018 109135 030718 101-42110-404 Replacement water filters Police Department 64.09 CARDMEMBER SERVICE 03/12/2018 109135 0307180 101-42110-439 Treats for Police Commission meeting Police Department 18.56 Total 109135: 331.32 CARGILL SALT 03/12/2018 109136 2903749114 101-43000-224 Road salt Public Works Department 1,436.51 CARGILL SALT 03/12/2018 109136 2903755333 101-43000-224 Road salt Public Works Department 1,800.47 CARGILL SALT 03/12/2018 109136 2903796901 101-43000-224 Road salt Public Works Department 1,512.05 CARGILL SALT 03/12/2018 109136 2903843465 101-43000-224 Road salt Public Works Department 2,141.39 CARGILL SALT 03/12/2018 109136 2903847224 101-43000-224 Road salt Public Works Department 2,104.81 CARGILL SALT 03/12/2018 109136 2903881187 101-43000-224 Road salt Public Works Department 1,668.78 CARGILL SALT 03/12/2018 109136 2903901937 101-43000-224 Road salt Public Works Department 1,652.52 CARGILL SALT 03/12/2018 109136 2903905472 101-43000-224 Road salt Public Works Department 1,731.81 City of Orono Check Register - COUNCIL REPORT Check Issue Dates: 2/27/2018 - 3/12/2018 Page: 3 Mar 09, 2018 07:43AM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount Total 109136: 14,048.34 CENTERPOINT ENERGY MAIN 03/12/2018 109137 012218 602-49450-381 LS Generator 12/18-1/18 Sewer 26.99 CENTERPOINT ENERGY MAIN 03/12/2018 109137 022018 602-49450-381 LS Generator 1/18-2/16 Sewer 26.75 CENTERPOINT ENERGY MAIN 03/12/2018 109137 022618 601-49400-381 Gas Service 1/19-2/16/18 Water 871.90 CENTERPOINT ENERGY MAIN 03/12/2018 109137 022618 602-49450-381 Gas Service 1/19-2/16/18 Sewer 756.84 CENTERPOINT ENERGY MAIN 03/12/2018 109137 022618 101-41900-381 Gas Service 1/19-2/16/18 Central Services 1,823.20 CENTERPOINT ENERGY MAIN 03/12/2018 109137 022618 101-42110-381 Gas Service 1/19-2/16/18 Police Department 585.74 CENTERPOINT ENERGY MAIN 03/12/2018 109137 022618 101-45210-381 Gas Service 1/19-2/16/18 Golf Course 262.83 Total 109137: 4,354.25 CHRIS FISCHER 03/12/2018 109138 030418 101-42110-226 Remiburse-clothing Police Department 40.57 Total 109138: 40.57 CHUNKS LAKESHORE AUTO 03/12/2018 109139 0015442 101-42110-402 #240 service Police Department 46.28 CHUNKS LAKESHORE AUTO 03/12/2018 109139 0015444 101-42110-402 #243 service Police Department 43.16 CHUNKS LAKESHORE AUTO 03/12/2018 109139 0015446 101-42110-402 #248 service Police Department 43.16 CHUNKS LAKESHORE AUTO 03/12/2018 109139 0015447 101-42110-402 #245 Service Police Department 46.28 CHUNKS LAKESHORE AUTO 03/12/2018 109139 0015448 101-42110-402 #250 service Police Department 43.16 CHUNKS LAKESHORE AUTO 03/12/2018 109139 0015466 101-42110-402 #241 service Police Department 43.16 Total 109139: 265.20 CINTAS CORPORATION 03/12/2018 109140 4004043786 101-43000-226 Uniforms Public Works Department 64.32 CINTAS CORPORATION 03/12/2018 109140 4004197240 101-43000-226 Uniforms Public Works Department 78.72 Total 109140: 143.04 CORREY FARNIOK 03/12/2018 109141 030318 101-42110-226 reimb clothing Police Department 172.85 Total 109141: 172.85 DataWorks Plus LLC 03/12/2018 109142 18-253 101-42110-240 New Livescan Photo Backdrop Police Department 100.00 DataWorks Plus LLC 03/12/2018 109142 18-303 101-42110-575 New Live Scan Printer Police Department 1,843.86 Total 109142: 1,943.86 City of Orono Check Register - COUNCIL REPORT Check Issue Dates: 2/27/2018 - 3/12/2018 Page: 4 Mar 09, 2018 07:43AM Payee Check Issue Date Check Number Invoice Number Invoice GL Account Description Department Invoice Amount DELTA DENTAL 03/12/2018 109143 7195785 101-21709 003722072- March 2018- Dental 2,560.00 DELTA DENTAL 03/12/2018 109143 7195785 101-15998 003722072- March 2018- Dental 611.50 Total 109143: 3,171.50 ECM PUBLISHERS INC 03/12/2018 109144 574347 101-45210-340 Publ Online Multi Positions Golf Course 92.50 Total 109144: 92.50 FASTENAL 03/12/2018 109145 MNPLY9980 701-49800-224 Shop supplies, Nuts & Bolts 29.48 FASTENAL 03/12/2018 109145 MNPLY9981 701-49800-224 Shop supplies - Nuts & Bolts 7.27 FASTENAL 03/12/2018 109145 MNPLY9985 701-49800-224 Shop supplies - Nuts & Bolts 1.63 FASTENAL 03/12/2018 109145 MNPLY9985 701-49800-224 Shop supplies - Nuts & Bolts 60.89 FASTENAL 03/12/2018 109145 MNPLY9988 701-49800-224 Snow Plow Bolts 19.25 FASTENAL 03/12/2018 109145 MNPLY9993 701-49800-224 Snow Plow Bolts & Nuts 93.10 Total 109145: 211.62 FSSolutions 03/12/2018 109146 FL00196430 101-41900-319 annual subscription fee Central Services 250.00 Total 109146: 250.00 GRAINGER INC 03/12/2018 109147 9670624114 701-49800-221 Reflective Tape 160.31 GRAINGER INC 03/12/2018 109147 9692721146 701-49800-224 welding room 69.06 GRAINGER INC 03/12/2018 109147 969379574 101-43000-403 Wall Anchors, Plow Strands Public Works Department 32.99 GRAINGER INC 03/12/2018 109147 9693797558 101-43000-404 Oil Room Rack (storage) Public Works Department 288.85 GRAINGER INC 03/12/2018 109147 969891994 101-45210-221 Golf Sprayer Valve Golf Course 143.50 Total 109147: 694.71 HEATHER GEHLEN 03/12/2018 109148 030118 101-42110-437 Training/Meal at Logis Police Department 26.03 HEATHER GEHLEN 03/12/2018 109148 030118 101-42110-441 Notary Filing Fee Police Department 20.49 Total 109148: 46.52 HENNEPIN COUNTY SHERIFF 03/12/2018 109149 1000108060 101-41600-309 jail charges-Feb/2018 Law/Legal Services 585.00 Total 109149: 585.00 HERC U LIFT 03/12/2018 109150 S0082908 101-43000-404 Pallet Racking for Pwrks Building Public Works Department 3,753.00 City of Orono Check Register - COUNCIL REPORT Check Issue Dates: 2/27/2018 - 3/12/2018 Page: 5 Mar 09, 2018 07:43AM Payee Check Issue Date Check Number Invoice Number Invoice GL Account Description Department Invoice Amount Total 109150: 3,753.00 INSITUFORM TECHNOLOGIES 03/09/2018 109194 RFP#1 AND 602-16500 2017 Sewer Projects 207,134.50 Total 109194: 207,134.50 JACKIE YOUNG 03/12/2018 109151 030618 101-41300-319 CC meeting 2/12 Administration 240.00 JACKIE YOUNG 03/12/2018 109151 030618 101-41300-319 CC meeting 2/12 Administration 165.00 JACKIE YOUNG 03/12/2018 109151 030618 101-42400-319 CC meeting 2/12 Building & Zoning 165.00 Total 109151: 570.00 JAMI WITTKE 03/12/2018 109152 020218 101-42110-439 Awards Dinner for PD, gifts Police Department 12.89 Total 109152: 12.89 L-3 COMMUNICATIONS 03/12/2018 109153 0313171 -IN 101-42110-550 New Squad Build #241 Police Department 4,661.00 Total 109153: 4,661.00 LANO EQUIPMENT 03/12/2018 109154 02-545874 701-49800-403 Unit 451 Compressor Repair 27.49 LANO EQUIPMENT 03/12/2018 109154 02-545912 701-49800-403 Unit 451 Compressor Repair 27.49- LANO EQUIPMENT 03/12/2018 109154 02-545993 701-49800-403 Unit 451 Repairs 78.03 LANO EQUIPMENT 03/12/2018 109154 03-545870 701-49800-403 Unit 451 Repair Parts 556.39 Total 109154: 634.42 LOGIS 03/12/2018 109155 44797 614-49840-401 Century Link Internet Cable Franchise 330.00 Total 109155: 330.00 LONG LAKE TRUE VALUE 03/12/2018 109156 8439153 101-43000-221 Bolts Public Works Department 1.79 LONG LAKE TRUE VALUE 03/12/2018 109156 B439174 101-43000-221 Handsaw / Hack Blade Public Works Department 27.36 LONG LAKE TRUE VALUE 03/12/2018 109156 B439864 101-43000-224 Hardware Public Works Department 1.78 LONG LAKE TRUE VALUE 03/12/2018 109156 8440219 101-45200-225 Golf Course Hardware Parks 1.75 LONG LAKE TRUE VALUE 03/12/2018 109156 B440979 101-45210-221 Golf Garage - Hardware Golf Course 5.79 LONG LAKE TRUE VALUE 03/12/2018 109156 8441133 101-43000-221 Shop supplies Public Works Department 14.99 LONG LAKE TRUE VALUE 03/12/2018 109156 B441419 101-43000-224 Nuts & Bolts Public Works Department 6.68 LONG LAKE TRUE VALUE 03/12/2018 109156 8441436 101-41900-221 IT Supplies Central Services 20.98 City of Orono Check Register - COUNCIL REPORT Check Issue Dates: 2/27/2018 - 3/12/2018 Page: 6 Mar 09, 2018 07:43AM Payee Check Issue Date Check Number Invoice Number Invoice GL Account Description Department Invoice Amount LONG LAKE TRUE VALUE 03/12/2018 109156 8442116 601-49400-221 Sewer wetwell key Water 8.78 LONG LAKE TRUE VALUE 03/12/2018 109156 B442361 101-43000-221 Hardware Public Works Department 9.49 Total 109156: 99.39 LUBE TECH ESI 03/12/2018 109157 1110053 701-49800-212 Oil for Truck Hoist 240.40 LUBE TECH ESI 03/12/2018 109157 1111730 701-49800-212 Oils for vehicle, main equipment 1,028.55 LUBE TECH ESI 03/12/2018 109157 1111731 101-43000-404 Pump out flammable waste trap Public Works Department 475.00 Total 109157: 1,743.95 MAILFINANCE 03/12/2018 109158 N7000085 101-41900-401 postage meter lease -03/16/18-6/15/18 Central Services 376.50 Total 109158: 376.50 MANSFIELD OIL COMPANY 03/12/2018 109159 20624790 101-42110-212 Unleaded Fuel Police Department 2,992.02 MANSFIELD OIL COMPANY 03/12/2018 109159 20624791 701-49800-212 Diesel Fuel 1,217.50 MANSFIELD OIL COMPANY 03/12/2018 109159 20624793 701-49800-212 Diesel Fuel 309.51 MANSFIELD OIL COMPANY 03/12/2018 109159 20625072 701-49800-212 Diesel Fuel 309.51 - MANSFIELD OIL COMPANY 03/12/2018 109159 20625073 701-49800-212 Diesel Fuel 327.71 MANSFIELD OIL COMPANY 03/12/2018 109159 20645891 101-42110-212 Unleaded Fuel Police Department 834.71 MANSFIELD OIL COMPANY 03/12/2018 109159 20645892 701-49800-212 Diesel Fuel 1,549.80 MANSFIELD OIL COMPANY 03/12/2018 109159 20646050 101-42110-212 Unleaded Fuel Police Department 1,686.97 Total 109159: 8,608.71 MARGARET UNG 03/12/2018 109160 030118 101-41500-331 Mileage 2/16-3/1/18 Finance Department 17.99 Total 109160: 17.99 MEDIACOM 03/12/2018 109161 022118 614-49840-329 Internet 3/1/18-3/31/18 Cable Franchise 593.50 MEDIACOM 03/12/2018 109161 022118 101-41900-329 Internet 3/1/18-3/31/18 Central Services 296.75 MEDIACOM 03/12/2018 109161 022118 101-42110-329 Internet 3/1/18-3/31/18 Police Department 296.75 Total 109161: 1,187.00 METRO WEST INSPECTIONS S 03/12/2018 109162 1416 101-42400-310 Inspection Services Jan 2018 Building & Zoning 7,923.50 Total 109162: 7,923.50 City of Orono 167.60 Police Department 455.00 Police Department Check Register - COUNCIL REPORT Police Department 27.98 27.98 Golf Course Check Issue Dates: 2/27/2018 - 3/12/2018 Check Check Invoice Invoice GL Account Description Payee Issue Date Number Number 44.49 MINNEAPOLIS OXYGEN COMPA 03/12/2018 109163 00020969 101-43000-415 oxygen & acetylene MINNEAPOLIS OXYGEN COMPA 03/12/2018 109163 00020970 101-42110-221 Medical Oxygen MINNEAPOLIS OXYGEN COMPA 03/12/2018 109163 00020971 101-42110-221 Medical Oxygen Total 109163: MINNESOTA EQUIPMENT 03/12/2018 109164 P56569 701-49800-221 Backhoe Bucket Pin Snap Ring - Unit 432 MINNESOTA EQUIPMENT 03/12/2018 109164 P65197 101-45210-221 Tee Box Mower Parts MINNESOTA EQUIPMENT 03/12/2018 109164 P65218 701-49800-221 Parts for Pole Chainsaw - Unit 862 Total 109164: MN CHIEF OF POLICE ASSN 03/12/2018 109165 8045 101-42110-437 ETI registration Tony Wittke MN CHIEF OF POLICE ASSN 03/12/2018 109165 8210 101-42110-437 Conference Registration -non-member Total 109165: MN LAW ENFORCEMENT EXPL 03/12/2018 109166 4437 101-42110-229 2018 MN Explorer Conference 9 Attendees Total 109166: MOUND TRUE VALUE 03/12/2018 109167 150453 101-42110-402 Apple 3' Sync Cable Total 109167: MTI DISTRIBUTING INC 03/12/2018 109168 1152501-00 101-45210-404 sharpen & repair mower Total 109168: NAPA Auto Parts 03/12/2018 109169 3270391612 701-49800-221 Snowplow/Snow Plow Marker Pole NAPA Auto Parts 03/12/2018 109169 3270-393492 701-49800-402 Unit 710 - Stock NAPA Auto Parts 03/12/2018 109169 3270-393991 701-49800-221 424 Grease Gun/Grease NAPA Auto Parts 03/12/2018 109169 3270394418 701-49800-403 Unit 715 Steamer NAPA Auto Parts 03/12/2018 109169 3270-394466 701-49800-221 Return Snow Plow/Snow Plow Marker Pole NAPA Auto Parts 03/12/2018 109169 3270-394478 701-49800-221 Unit 715 Steamer Repair Parts Total 109169: NCPERS MINNESOTA 03/12/2018 109170 6732318 101-21710 Pera life 03/2018 Page: 7 Mar 09, 2018 07:43AM Department Invoice Amount Public Works Department 26.97 Police Department 29.29 Police Department 22.42 20.92 Golf Course 115.36 31.32 167.60 Police Department 455.00 Police Department 155.00 610.00 Police Department 2,495.00 2,495.00 Police Department 27.98 27.98 Golf Course 346.69 346.69 65.98 19.11 20.65 44.49 65.98- 22.20 106.45 112.00 City of Orono Check Register - COUNCIL REPORT Check Issue Dates: 2/27/2018 - 3/12/2018 Page: 8 Mar 09, 2018 07:43AM Payee Check Issue Date Check Number Invoice Number Invoice GL Account Description Department Invoice Amount Total 109170: 112.00 NEWEGG INC 03/12/2018 109171 1301122791 101-41900-221 Monitors -Accountant Central Services 279.98 Total 109171: 279.98 NOVA COMMUNICATIONS 03/12/2018 109172 120874 101-41900-401 Phone message change Central Services 45.00 Total 109172: 45.00 OFFICE DEPOT 03/12/2018 109173 1030410350 101-41900-201 Office Supplies Central Services 86.00 OFFICE DEPOT 03/12/2018 109173 10304116001 101-41900-201 Air Freshners Central Services 9.98 OFFICE DEPOT 03/12/2018 109173 11031692800 101-42110-201 Office Supplies Police Department 3.99 OFFICE DEPOT 03/12/2018 109173 11031702600 101-42110-201 Office Supplies Police Department 130.77 OFFICE DEPOT 03/12/2018 109173 9974854560 101-42110-201 Office Supplies Police Department 12.39 Total 109173: 243.13 PERRYS TRUCK REPAIR 03/12/2018 109174 17178 231-45650-436 Tow Hyundai Elantra 140.00 Total 109174: 140.00 Phil & Darcy Otto 03/12/2018 109175 022218 101-22205 2017-00774 4116 Highwood Road - Phil & Darcy Ott 2,500.00 Total 109175: 2,500.00 PROLAWNS 03/12/2018 109176 011018 101-45200-319 Parks fertilization/herbicide applications Parks 8,125.20 Total 109176: 8,125.20 R.D. & Associates Specialized Ser 03/12/2018 109177 103324 101-43000-408 Tree Trimming and Removal Public Works Department 2,148.00 Total 109177: 2,148.00 RANDYS ENVIRONMENTAL SER 03/12/2018 109178 021918 101-41900-404 Garbage Service Feb/2018 Central Services 327.01 RANDYS ENVIRONMENTAL SER 03/12/2018 109178 021918 101-45200-404 Garbage Service Feb/2018 Parks 403.10 Total 109178: 730.11 City of Orono Check Register - COUNCIL REPORT Check Issue Dates: 2/27/2018 - 3/12/2018 Page: 9 Mar 09, 2018 07:43AM Payee Check Issue Date Check Number Invoice Number Invoice GL Account Description Department Invoice Amount RDO EQUIPMENT 03/12/2018 109179 P37791 701-49800-403 Unit #430 Repair Parts 59.91 Total 109179: 59.91 SPPD EXPLORER POST 454 03/12/2018 109180 030118 101-42110-229 Orono - 2 teams Police Department 50.00 Total 109180: 50.00 STA SAFE LOCKSMITH 03/12/2018 109181 00207747 101-42110-404 Re -do doors at PD Police Department 700.80 STA SAFE LOCKSMITH 03/12/2018 109181 00207755 101-42110-404 Re -do doors at PD Police Department 650.30 Total 109181: 1,351.10 SUN LIFE FINANCIAL 03/12/2018 109182 0218 LIFE 101-21710 Life Ins-Feb/2018 1,150.80 SUN LIFE FINANCIAL 03/12/2018 109182 0218 LIFE 101-15998 Life Ins-Feb/2018 123.00 SUN LIFE FINANCIAL 03/12/2018 109182 0218 STD 101-21714 STD-Feb/2018 671.85 SUN LIFE FINANCIAL 03/12/2018 109182 0318 LIFE 101-21710 Life Ins-Mar/2018 1,150.80 SUN LIFE FINANCIAL 03/12/2018 109182 0318 LIFE 101-15998 Life Ins-Mar/2018 123.00 SUN LIFE FINANCIAL 03/12/2018 109182 0318 STD 101-21714 STD-Mar/2018 671.85 Total 109182: 3,891.30 TALLEN AND BAERTSCHI 03/12/2018 109183 022118 101-41600-306 Prosecution Services -02/2018 Law/Legal Services 2,679.14 Total 109183: 2,679.14 THE HARTFORD 03/12/2018 109184 5231352934 101-21710 Life insurance 03/2018 1,675.32 Total 109184: 1,675.32 THE HOME DEPOT 03/12/2018 109185 1367 101-45210-221 GC Storage Golf Course 72.33 THE HOME DEPOT 03/12/2018 109185 3273 101-45210-221 Golf Sprayer Parts Golf Course 74.35 THE HOME DEPOT 03/12/2018 109185 7695 101-45210-221 GC Well & Furnace Repair Golf Course 81.44 Total 109185: 228.12 TWIN CITIES TRANSPORT & RE 03/12/2018 109186 612357 101-42110-436 case 18-1325 2013 Chevrolet Tahoe Police Department 306.40 Total 109186: 306.40 City of Orono Check Register - COUNCIL REPORT Check Issue Dates: 2/27/2018 - 3/12/2018 Check Check Invoice Invoice GL Account Description Payee Issue Date Number Number VANGUARD CLEANING SYSTE 03/12/2018 109187 57888 101-41900-407 March Cleaning Service VANGUARD CLEANING SYSTE 03/12/2018 109187 57888 101-42110-407 March Cleaning Service Total 109187: VERIZON WIRELESS 03/12/2018 109188 020118 101-42110-321 Cell Phones 12/7/17-2/6/18 Total 109188: WASTE MANAGEMENT RECYC 03/12/2018 109189 0038015-280 603-49500-316 Reccycling 02/2018 Total 109189: WILLIAMS TOWING 03/12/2018 109190 6529621 231-45650-436 tow case #OR18001830 Total 109190: WSB 03/09/2018 109191 05 101-42400-319 navarre are plan WSB 03/12/2018 109191 05 101-42400-319 navarre are plan WSB 03/09/2018 109191 5 101-42400-319 navarre area pan WSB 03/12/2018 109191 5 101-42400-319 navarre area pan Total 109191: WSB 03/09/2018 109195 05 101-42400-319 navarre are plan Total 109195: ZAHL EQUIPMENT 03/12/2018 109192 0233994 -IN 101-43000-403 Vehicle Hoist Repair Total 109192: ZARNOTH BRUSH WORKS 03/12/2018 109193 0168529 -IN 701-49800-403 Sweeper Broom Replacement Total 109193: Grand Totals: Page: 10 Mar 09, 2018 07:43AM Department Invoice Amount Central Services 1,435.50 Police Department 1,039.50 Police Department L,4/7.VV L,'F4L.4V �, 144.JL I Z)L). V V Building & Zoning 5,835.00 - Building & Zoning 5,835.00 Building & Zoning 5,835.00 - Building & Zoning 5,835.00 Building & Zoning 5,835.00 Public Works Department 303.75 296.00 296.00 337, 011.37 City of Orono Check Register - COUNCIL REPORT Check Issue Dates: 2/27/2018 - 3/12/2018 Page: 11 Mar 09, 2018 07:43AM AGENDA ITEM Item No.: 4 Date: March 12, 2018 Item Description: Approval of Massage Therapy License Renewal Presenter: Anna Carlson, Agenda Consent Agenda City Clerk Section: 1. Purpose. The purpose of this action item is to approve a 2018 Massage Therapy License Renewal. 2018 ANNUAL MASSAGE THERAPY LICENSE RENEWAL — APPLICANT • MK Nail SPA Ngoc Tran Anh Ho 2377 Shadywood Drive Wayzata, MN 55391 The 2018 Massage Therapy License Applicant has submitted all the requested documents and have met all requirements. COUNCIL ACTION REQUESTED Motion to approve the above Massage Therapy License renewal for 2018. Prepared By: AMC Reviewed By: AMC Approved By: -SbV AGENDA ITEM Item No.: Date: March 12, 2018 Item Description: 2017 Sanitary Sewer Pay Request No. 1 - Final Presenter: Adam T. Edwards Agenda Consent Agenda Public Works Director/City Engineer Section: 1. Purpose. The purpose of this action item is to close out the 2017 Sanitary Sewer Rehabilitation Proj ect. 2. Background. Metropolitan Council Environmental Services (MCES) provide sanitary sewer treatment for the majority of communities (including Orono) in metropolitan area. Since 2005, MCES has identified Orono as one of the communities who contribute excessive Inflow and Infiltration (I & I) to MCES's system and assessed a surcharge fee ($ 82,564 for 2017) against the city. This charge can be offset by any I & I improvement projects the city undertakes. The City has been executing a sanitary sewer rehabilitation project annually to reduce I&I. Council approved the project and Bolton and Menk project engineering fees in December 2016. Bids were opened on September 5', 2017. The project was awarded on September 11', 2017. The project was completed in December 2017. 3. Project Scope. The sanitary sewer rehabilitation project consisted of Cured in Place Pipe (CIPP) lining approximately 5026 feet of aged sanitary sewer pipe. 4. Cost. The construction cost is $ 207,134.50. The bid price was for $215,177.90 from Insituform. 5. Funding. This project will be funded through the Sanitary Sewer Enterprise Fund. 6. Status. The project is complete. 7. Staff Recommendation. I recommend council authorize payment. COUNCIL ACTION REQUESTED Motion to approve Pay Request No. I -Final to the contractor Insituform in the amount of $207,134.50 for the 2017 Sanitary Sewer Rehabilitation Project. Exhibits Exhibit A. Pay Request Prepared By: 7E Reviewed By: Ac— Approved By: .2)- OBOLTON & MENK Real People. Real Solutions. February 20, 2018 Mr. Adam Edwards, Public Works Director City of Orono 2700 Kelley Parkway Orono, MN 55356 RE: 2017 Sewer Improvements BMI Project No. C13.112902 Pay Request No. 1 and Final Dear Mr. Edwards: 2638 Shadow Lane Suite 200 Chaska, MN 55318-1172 Ph: 19521 448-8838 Fax: (9521448-8805 Bolton-Menk.com Please find enclosed Pay Request No. 1 and Final from Insituform Technologies for work completed on the 2017 Sewer Improvements Project from October 23, 2017 through December 29, 2017. We have received and reviewed the Contractor's close out documents including IC 134 Labor compliance, Lien Releases and Surety Releases, and are satisfied that the Contractor has met their requirements to make final payment on the project. We have reviewed the contractor's request, verified quantities and recommend payment in the amount of $207,134.50 to Insituform Technologies which is full payment including retainage and the Contract is now considered complete. Sincerely, Bolton & Menk, Inc. Brian D. Simmons, P.E. Project Manager Bolton & Menk is an equal opportunity employer. DATE: 111612018 CONTRA R'S PAY REQUEST NO. 1 & Final CONTRACTOR Insituform Technologies 2017 SEWER IMPROVEMENTS OWNER City of Orono BMI PROJECT NO. C13.112902 ENGINEER Bolton & Menk FOR WORK COMPLETED FROM 10/23/2017 THROUGH 12/2912017 TOTALAMOUNT BID................................................................................................................................................... $ 223,328.30 APPROVED CHANGE ORDERS ................. ....................... ........... .......................................... I .......... ..... $ - CURRENT CONTRACT AMOUNT .................... .............................................. ............. I .... ..................... .. $ 223,328.30 TOTAL, COMPLETED WORK TO DATE....................................................................................................................... $ 207,134.50 TOTAL, STORED MATERIALS TO DATE-- ............ — ............................................................ ............... ................. $ DEDUCTION FOR STORED MATERIALS USED IN WORK COMPLETED.. ... .......... ............................................ $ - TOTAL, COMPLETED WORK & STORED MATERIALS............................................................................................... $ 207,134.50 RETAINED PERCENTAGE ( 0% ) ............. ... $ TOTAL AMOUNT OF OTHER DEDUCTIONS.......................................................................................................... $ - NET AMOUNT DUE TO CONTRACTOR TO DATE...................................................................................................... $ 207,134.50 TOTAL AMOUNT PAID ON PREVIOUS ESTIMATES................................................................................................... $ PAY CONTRACTOR AS ESTIMATE NO. 1................................................................................................................... $ 207,134.50 Certificate for Final Payment I hereby certify that, to the best of my knowledge and belief, all Items quantities and prices of work and material shown on this Estimate are correct and that all work has been performed in full accordance with the terms and conditions of the Contract for this project between the Owner and the undersigned Contractor, and as amended by any authorized changes, and that the foregoing is a true and correct statement of the amount for the Final Estimate, that the provisions of M. S. 290.92 have been complied with and that all claims against me by reason of the Contract have been paid or satisfactorily secured. Contractor: Insituform Technologies 580 Goddard Ave //�� "Chhesterlield, MO 63005 By /.�__.___ Regional Administrator Name Title Travelers Casualty and Surety Company of America Surety Date 1/19/2018 CHECKED AND APPROVED AS TO QUANTITIES AND AMOUNT: BOLTON & MENK, INC., ENGINEERS, 2638 SHADOW LN, SUITE 200, CHASKA MN 55318 By PROJECT ENGINEER Brian D. Simmons Date 01/20/2018 APPROVED FOR PAYMENT: Owner: CITY OF Orono By Name Title Date DATE: PROJECT: CONTRACTOR: F—P— H:\ORNO\C13112902\7 Co ,.,i..T Pav Aoolicatimie\f2018-1-10 112902 Pavi lim 1 IRA. WPR1 REQUEST FOR PAYMENT 2017 SANITARY SEWER IMPROVEMENTS INSITUFORM TECHNOLOGIES REQUEST NO.: 1 & Final ITEM NO. BID ITEM ORIGINAL BID COMPLETED UNIT BID QUANTITY UNIT PRICE THIS MONTH TO DATE QUANTITY1 AMOUNT QUANTITY AMOUNT 1 MOBILIZATION 2 TRAFFIC CONTROL 3 CURED IN PLACE PIPE (CIPP) APPROXIMATELY 8" MEASURE 4 CURED IN PLACE PIPE (CIPP) APPROXIMATELY 9" MEASURE 5 CURED IN PLACE PIPE (CIPP) APPROXIMATELY 10" MEASURE 6 LATERAL REINSTATEMENT (ANY SIZE) 7 PROTRUDING TAP TRIMMING (NON -IRON, ANY SIZE) 8 PROTRUDING TAP TRIMMING (IRON, ANY SIZE) 9 SHORT LINER REPAIR (4' LENGTH) 10 SHORT LINER REPAIR (ADDITIONAL LENGTH) LS LS LF LF LF EACH EACH EACH EACH LF 1 1 3,817 1,009 353 54 1 1 15 10 11728.20 1 1 3977 1015 53 13 $11,728.20 1 1 3977 1015 53 13.00 $11,728.20 544.80 $4,544.80 $4,544.80 26.40 $104,992.80 $104,992.80 $27.00 $27,405.00 $27,405.00 $28.30 $117.10 $6.206.30 $6,206.30 $687.60 687.60 $4019.80 r 52 257.40 $52,257.40 $105.80 $223,328.30 $207,134.50 $207,134.50 CONSENT OF SURETY TO FINAL PAYMENT AIA DOCUMENT G707 (Instructions on reverse side) Bond No. 106789918 TO (OWNER) (Name and address) City of Orono 2750 Kelly Parkway / PO Box 66 Orono, MN 55356-0066 OWNER ARCHITECT CONTRACTOR _ SURETY _ OTHER ARCHITECT'S PROJECT NO: PROJECT: (Name and address) 2017 Sanitary Sewer Improvements Contract For: Contract Date: 9/14/2017 In accordance with the provisions of the Contract between the Owner and the Contractor as indicated above, the (here insert name and address of Surety ) Travelers Casualty And Surety Company Of America One Tower Square Hartford, CT 06183 SURETY, on bond of (here insert name and address of Contractor) INSITUFORM TECHNOLOGIES USA, LLC 17988 Edison Avenue Chesterfield, MO 63005 CONTRACTOR, hereby approves of the final payment to the Contractor, and agrees that final payment to the Contractor shall not relieve the Surety Company of any of its obligations to (here insert name and address of Owner) City of Orono 2750 Kelly Parkway / PO Box 66 Orono, MN 55356-0066 OWNER, as set forth in the said Surety Company's bond. IN WITNESS WHEREOF, the Surety Company has hereunto set its hand this 22nd day of January, 2018. (Insert in writing the month following by the numeric date and year) rti Travelers Casualty And Surety Company Of America ©THE AMERtirAN INSTI'PUrTEi0F ARCHITECTS, 1735 NEW YORK AVE., NW State of Missouri County of St. Louis On January 22, 2018, before me, a Notary Public in and for said County and State, residing therein, duly commissioned and sworn, personally appeared Barbara Pannier known to me to be Attorney -in - Fact of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA the corporation described in and that executed the within and foregoing instrument, and known to me to be the person who executed the said instrument in behalf of said corporation, and he duly acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year stated in this certificate above. Andrea MpClaAhy, Notary ANDREA MCCARTHY Notary Pablic — Notary seal State of Missouri, St. Charles County Commission # 15636518 My Commission Expires July 30, 2019 My Commission Expires: Travelers Casualty and Surety Company of America TRAVELERS Travelers Casualty and Surety Company St. Paul Fire and Marine Insurance Company POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That Travelers Casually and Surety Company of America, Travelers Casually and Surety Company, and Sl. Paul Fire and Marine Insurance Company are corporations duly organized under the laws of the State of Connecticut (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint Barbara Pannier, of Chesterfield, Missouri, their true and lawful Attorney -in -Fact to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this Instrument to be signed, and their corporate seals to be hereto affixed, this 3rd day of February, 2017. O"XR-i-)x V��iY ANO E a State of Connecticut City of Hartford ss. By: Robert L. Raney, Se or Vice President On this the 3rd day of February, 2017, before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of Travelers Casually and Surety Company of America, Travelers Casually and Surety Company, and St. Paul Fire and Marine Insurance Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. In Witness Whereof, I hereunto set my hand and official seal. My Commission expires the 30th day of June, 2021�- This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Travelers Casualty and Surety Company of America, Travelers Casually and Surety Company, and Sl. Paul Fire and Marine Insurance Company, which resolutions are now in full force and effect, reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys -in -Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the pourer given him or her; and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys -in -Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any.. Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Pourer of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in -Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. 1, Kevin E. Hughes, the undersigned, Assistant Secretary of Travelers Casually and Surety Company of America, Travelers Casualty and Surety Company, and Sl. Paul Fire and Marine Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which remains in full force and effect. Dated this 22 day of January . 201 C,. o(E.E.- ��arWNN� ,d{Y Kevin i lant Secretary To verity the bufh��ef YYtlry'ofythis P, bwer of Attorney, please call us at 1-800-411-3880. Please refer to the above-na!rfed Alkorneyln-Factand the details of the bond to which the power is attached Page 1 of 1 M 7 DEPARTMENT OF REVENUE Contractor Affidavit Submitted Thank you, your Contractor Affidavit has been approved Confirmation Summary Confirmation Number: 1-098-545-344 Submitted Date and Time: 6 -Feb -2018 8:55:00 AM Legal Name: INSITUFORM TECHNOLOGIES USA LLC Federal Employer ID: 43-1319597 User Who Submitted: MN -ITU Type of Request Submitted: Contractor Affidavit Affidavit Summary Affidavit Number: 866017280 Minnesota ID: 3560426 Project Owner: CITY OF ORONO Project Number: 102406 Project Begin Date: 01 -Oct -2017 Project End Date: 29 -Dec -2017 Project Location: 2017 SANITARY SEWER IMPROVEMENTS Project Amount: $207,134.50 Subcontractor Summary Name ID Affidavit Number HYDRO KLEAN LLC 2177531 1271341056 AMERICAN ENVIRONMENTAL, LLC 1250560 1301176320 Important Messages A copy of this page must be provided to the contractor or government agency that hired you. Contact Us If you need further assistance, contact our Withholding Tax Division at 651-282-9999, (toll-free) 800-657-3594, or (email) withholding.tax@state.mn.us. Business hours are 8:00 a.m. - 4:30 p.m. Monday - Friday. Please print this page for your records using the print or save functionality built into your browser. https://www.mndor.state.mn.us/tp/eservices/ /Retrieve/0/c-/sAlMhrkuyWhWYM_z15jS8Q_... 2/6/2018 Pages 1 of 1 DEPARTMENT OF REVENUE Gvntractvr Atfidavit SUbMitted Thank you, your contractor Affidavit has "Been approved. COnTlrmatlotr 5atrttrtaty Confirmabun Number. Submitted Date and Time: Legal Name: Federal Emplvycr ID: User Who Submitted: Type of Request Submitted: Affidavit Summary ATnca.it NornBer: Minnesota iD: Project Owner: Prujuct Number- Pruju�-t Bugin Datu: Project End Date Project Location. Project Amocnt: Subcontractors - 0 -952-189-632 5 -Feb -2018 4:39:08 PM HYDROXLEAN, LLC 45-2473053 Hydrokleen Contractor Affidavit 1271341056 2177531 CITY OF ORONO 102406 19-0c;t-2017 1zr-0ec-c0 i r 2017 SANITARY SEWER IMPROVEMENTS ORONO, MN $25,535.77 No Subcontractors Important Messages A copy of thin page must be pm.ided to the ntra�=.r ur gu.emment agency that hired you. Contact Us If you need further assistance: contact oar Withholding Tax Division at 651-282-9999, (toll -true) 800-657-3594. or (email) _ithhuIding.ta„ Q3tat.-. nn.u3. Bo3ines3 hoara aru 8:00 a.m. - 4:30 p.m. Monaay - Friday. Please or it this Baae for yuor records acing the print ur save functionality built int.- your bro.aer. 0 1`A a # 0 Contractor Affidavit SubmOtted Thank you, your Contractor Affidavit has been approved. Confirmation Summary Confirmation Number: 1-969-102-016 Submitted Date and Time: 23 -Jan -2018 10:24:51 AM Legal Name: AMERICAN ENVIRONMENTAL LLC Federal Employer ID: 27-0776037 User Who Submitted: americanenviro Type of Request Submitted: Contractor Affidavit Affidavit Summary Affidavit Number: Minnesota ID: Project Owner: Project Number: Project Begin Date: Project End Date: Project Location: Project Amount: Subcontractors: 1301176320 1250560 CITY OF ORONO 102406 01 -Oct -2017 30 -Oct -2017 2017 SANITARY SEWER IMPROVEMENTS $25,986.00 No Subcontractors Important Messages A copy of this page must be provided to the contractor or government agency that hired you. Contact Us If you need further assistance, contact our Withholding Tax Division at 651-282-9999, (toll-free) 800-657-3594, or (email) with holding.tax@state.mn.us. Business hours are 8:00 a.m. - 4:30 p.m. Monday - Friday. Please print this page for your records using the print or save functionality built into your browser. Insituform Technologies USA, LLC 17988 Edison Avenue Chesterfield, MO 63005 FINAL LIEN WAIVER Reference that certain Agreement between Insituform Technologies USA, LLC as Contractor and City of Orono Minnesota as Owner, on Project known as: 2017 Sanitary Sewer Improvements, for work to be performed by said Contractor. Reference also that certain Invoice No(s) of Contractor to said Owner in the amount of $207,134.50 work, labor and materials installed in or furnished for said Project by and through Insituform Technologies USA, LLC, of which Owner has made payment in the amount of $207,134.50, leaving an unpaid balance in the amount of $0.00. Contractor acknowledges receipt of Owners remittance for the amount of $207,134.50 as final payment and contingent upon the final clearance and payment of said remittance, and further Contractor agrees to and does hereby waive and release said Property, Project, Owner and Owner from any and all liens, statutory or otherwise, for any and all work, labor and materials furnished by or through Insituform Technologies on said project to and including the work, labor and materials to the extent of payment in the amount of $207,134.50. . The remittance of Owner identified as payment of $207,134.50 marked "paid" or otherwise canceled by the bank against which said remittance was drawn shall constitute conclusive proof that amount was paid and that said payment thereof was received by Contractor and this Lien Waiver shall become effective automatically and without requirement of any further act, acknowledgement or receipt on the part of the Contractor named herein. Dated this 6th day of February, 2018 Insituform Technologies USA, LLC By: 7 Title: Senior Controller Subscribed and sworn to before me, the undersigned Notary Public within and for the State of Missouri, and the County of Saint Charles, this 6th day of February, 2018 in the City of Saint Charles. Notary Public within and for said County and State: My commission expires: March 19, 2019 EN . HECKENKAMP c •Notary Seal MISSOURI les County pires: Mar. 19,2019 N 15025720 Hydro-Klean LLC; 21040 Commerce Blvd Rogers, MN 55374 FINAL LIEN wArvER Reterence that certain Agreement between Hydro-Klean LLC: as Subcontractor and Insitutorm Tuchnologieb USA, LLC ab ContlaMi. on P,gjeet know„ as: 2017 Sanitary Sewer Improvements, City of Urono Minnesota, for work to be performed by said Subcontractor. Reference also that certain invoice No(b) of SubwutiaCtvi to paid Co,ltlaCIrJI u, the amount of $25,535.77 Tor work, labor and materials installed in or turnished for said Project by and through Insitutorm Technologies USA, LLL, of which Lontractor has made payment in the a,,,ou„t of $25;535.77; leaving an u„paid balance in the amount of $0.0U. subcontractor acknowledges receipt of Contractors remittance fo, the amount of $25;535.77 ao final payment and contingent upon the tinal clearance and payment of said remittance, and further Subcontractor agrees to and does hereby waive and release said Property, Project, Uwner and Contractor from any and all limb, btatutory u, othe, wine, fu, any and all wo,k, labu, and materials furnished by or through Insitutorm Technologies on said project to and including the work, labor and materials to the extent of payment in the amount of $257535.77.. The remittance or C;ontractor identified as payment of $25;535.77 ,naked "paid” u, uthe,wiae canceled by the bank against which said remittance was drawn shall constitute conclusive proot that amount was paid and that said payment thereot was received by Subcontractor and this Lien Waive, ,hall beco,ne tfteutive automatically and without requirement of any further act, acknowledgement or receipt on the part of the Subcontractor named herein. Dated this .- day of 1%40 4Y , 2UI8 Hy Tit Subscribed and sworn to betore me, the undersigned Nota,y Public within and for the State of �VOytict , and the County of t-16 LIL- , this 541~ day of 2u 1 ii in the uityof 'Z>es Kdoy%e Notary ublic within and for said County and State: My commission expires: Ra.yudlu. St. ZOZ© American Environmental, LLC 3086 Walden Drive Chaska, MN 55318 FINAL LIEN WAIVER Reference that certain Agreement between American Environmental, LLC as Subcontractor and Insituform Technologies USA, LLC as Contractor, on Project known as: 2017 Sanitary Sewer Improvements, City of Orono Minnesota, for work to be performed by said Subcontractor. Reference also that certain Invoice No(s) of Subcontractor to said Contractor in the amount of $25,968.00 work, labor and materials installed in or furnished for said Project by and through Insituform Technologies USA, LLC, of which Contractor has made payment in the amount of $25,968.00, leaving an unpaid balance in the amount of $0.00. Subcontractor acknowledges receipt of Contractors remittance for the amount of $25,968.00 as final payment and contingent upon the final clearance and payment of said remittance, and further Subcontractor agrees to and does hereby waive and release said Property, Project, Owner and Contractor from any and all liens, statutory or otherwise, for any and all work, labor and materials furnished by or through Insituform Technologies on said project to and including the work, labor and materials to the extent of payment in the amount of $25,968.00. . The remittance of Contractor identified as payment of $25,968.00 marked "paid" or otherwise canceled by the bank against which said remittance was drawn shall constitute conclusive proof that amount was paid and that said payment thereof was received by Subcontractor and this Lien Waiver shall become effective automatically and without requirement of any further act, acknowledgement or receipt on the part of the Subcontractor named herein. Dated this 5 t day of JAMAA.- t , 2018 American Environmental, LLC By: - Title: ont r Subscribed and sworn to before me, the undersigned Notary Public within and for the State of and the County of <G -f7-7- this ;2,3 A`6 day of N✓ , 2018 in the City of 44 -1/!U6 - Notary ublic within and for said County and State: My commission expires;, 3 a"" KATERINA HOOKER 4 Notary Public State of Minnesota My Commission Expires o January 31, 2023 AGENDA ITEM Item No.: Date: March 12, 2018 Item Description: Wayzata Blvd (CSAH 112) Phase Two Landscaping Design Proposal Presenter: Adam T. Edwards Agenda Consent Agenda Public Works Director/City Engineer Section: 1. Purpose. The purpose of this item is to gain City Council authorization for SRF Consulting Group, Inc to execute the design of the CSAH 112 Phase Two landscaping. 2. Background. Hennepin County intends to improve CSAH 112 from Highway 12 to 6th Avenue in joint effort with Long Lake and Orono. The majority of the project is funded with State Turn Back Funding. The overall project is broken into three phases. Currently we are construction portion of phase two which includes the stretch of CSAH 112 from Wolf Pointe Trail to Wayzata Blvd West. In January all parties approved the cooperative agreement. The cooperative agreement assigns Orono the task of managing the phase two landscaping. Long Lake is responsible for the phase one landscaping. 3. Scope. The landscaping project will be primarily focused around the Old Long Lake CSAH 112 Intersection area as this is where the most vegetative impact is expected. This landscape project does not include the restoration (Grass Seed / Sod) that will be undertaken as part of the main roadway project. 4. Cost. The Cooperative agreement budgeted $70,000 for the landscaping project. SRF provided a proposal attached to design the project for $14,119. 5. Funding. The landscaping project is funded by the phase two turn back budget. 6. Staff Recommendation. I recommend approval of the SRF proposal. I directly solicited the quote from SRF as they are already intimately knowledgeable about the project as they were the design firm hired by Hennepin County for the overall design. COUNCIL ACTION REQUESTED: Move to authorize SRF to begin design work for the CSAH 112 Phase Two landscaping plan. Exhibit Exhibit A. SRF Proposal for Services Prepared By: Reviewed By: Approved By: .2)- SBF P11400.PP February 22, 2018 Mr. Adam Edwards, PE Public Works Director/City Engineer City of Orono 2700 Kelley Parkway Orono, MN 55356 Subject: Proposal for Professional Services for Wayzata Boulevard (County Road 112) Phase 2 Landscape, Orono, MN Dear Mr. Edwards: Based on your request, SRF Consulting Group, Inc. (SRF) is pleased to submit this proposal to provide professional services for preparing preliminary and final landscape plans for Wayzata Boulevard consistent with Phase 2 of Hennepin County's roadway reconstruction project. Scope of Services We propose to carry out the work ("Scope of Services"), set forth in Attachment B, attached hereto and incorporated into this Agreement. Assumptions SRF will prepare the plans based on the final design plans for the roadway project and requests that the City confirm authorization from the County to utilize the electronic data from that project. The City will also provide basemapping and construction limits for the drainage and erosion work of the ravine area north of Old Long Lake Road where additional plantings are envisioned. Schedule We will complete this work within a mutually agreed-upon time schedule based on the City's initially stated goal of having plans prepared for bidding in late 2018 and 2019 installation. Basis of Payment/Budget We propose to be reimbursed for our services on an hourly basis for the actual time expended. Other direct project expenses such as printing, supplies, reproduction, etc., will be billed at cost and mileage will be billed at the current allowable IRS rate for business miles. Invoices are submitted on a monthly basis for work performed during the previous month. Payment is due within 30 days. Based on our understanding of the project and our scope of services, we estimate the cost of our services to be $14,119, which includes both time and expenses. Changes in the Scope of Services It is understood that if the scope or extent of work changes, the cost will be adjusted accordingly. Before any out -of -scope work is initiated, however, we will submit a budget request for the new work and will not begin work until we receive authorization from you. www.srfconsuIting.com One Carlson Parkway North, Suite 150 1 Minneapolis, MN 55447-4453 1 763.475.0010 Fax: 1.866.440.6364 An Equal Opportunity Employer Mr. Adam Edwards City of Orono Standard Terms and Conditions February 22, 2018 Page 2 The attached Standard Terms and Conditions (Attachment A), and Scope of Services (Attachment B), together with this proposal for professional services, constitute the entire agreement between the Client and SRF Consulting Group, Inc. and supersede all prior written or oral understandings. This agreement may only be amended, supplemented, modified, or canceled by a duly executed written instrument. Acceptance/ Notice to Proceed A signed copy of this proposal, mailed or emailed to our office, will serve as acceptance of this proposal and our notice to proceed. The email address is mjischke@srfconsulting.com. We sincerely appreciate your consideration of this proposal and look forward to working with you on this project. Please feel free to contact us if you have any questions or need additional information. Sincerely, SRF CONSULTING GROUP, INC. Michael Jischke, ASLA, PLA (MN) Senior Associate MJ/KJG/cw Attachment A — Standard Terms and Conditions Attachment B — Scope of Services Approved (signature) Name Title Date Fqq Ken J. Grieshaber, ASLA, PLA (MN IA ND) Principal This cost proposal is valid for a period of 90 days. SRF reserves the right to adjust its cost estimate after 90 days from the date of this proposal. S:\Marketing\Pmpo als\2018 LetterPropo als\11400.PP_OranoCA112Ph2_Landscape\SIiFProposal-CSAM12-PhaseMandscupe-Orono.docx ATTACHMENT A STANDARD TERMS AND CONDITIONS The Standard Terms and Conditions together with the attached Proposal for Professional Services constitute the entire Agreement between the CLIENT and SRF Consulting Group, Inc. ("SRF") and supersede all prior written or oral understandings. This Agreement may only be amended, supplemented, modified, or canceled by a duly executed written instrument. 1. STANDARD OF CARE a. The standard of care for all professional services performed or furnished by SRF under this Agreement will be the care and skill ordinarily used by members of SRF's profession practicing under similar circumstances at the same time and in the same locality. SRF makes no warranties, expressed or implied, under the Agreement or otherwise, in connection with SRF's service. b. The CLIENT shall be responsible for, and SRF may rely upon, the accuracy and completeness of all requirements, programs, instructions, reports, data, and other information furnished by CLIENT to SRF pursuant to this Agreement. SRF may use such requirements, reports, data, and information in performing or furnishing services under this Agreement. 2. INDEPENDENT CONTRACTOR All duties and responsibilities undertaken pursuant to this Agreement will be for the sole and exclusive benefit of the CLIENT and SRF and not for the benefit of any other party. Nothing contained in this Agreement shall create a contractual relationship with or a cause of action in favor of a third party against either the CLIENT or SRF. SRF's services under this Agreement are being performed solely for the CLIENT's benefit, and no other entity shall have any claims against SRF because of this Agreement or the performance or nonperformance of services hereunder. PAYMENT TO SRF Invoices will be prepared in accordance with SRF's standard invoicing practices and will be submitted to the CLIENT by SRF monthly, unless otherwise agreed. Invoices are due and payable within thirty (30) days of receipt. If the CLIENT fails to make any payment due SRF for services and expenses within forty-five (45) days after receipt of SRF's invoice thereafter, the amounts due SRF will be increased at the rate of 1-1/2% per month (or the maximum rate of interest permitted by law, if less). In addition, SRF may, after giving seven days written notice to the CLIENT, suspend services under this Agreement until SRF has been paid in full of amounts due for services, expenses, and other related charges. 4. OPINION OF PROBABLE CONSTRUCTION COST Any opinions of costs prepared by SRF represent its judgment as a design professional and are furnished for the general guidance of the CLIENT. Since SRF has no control over the cost of labor, materials, market condition, or competitive bidding, SRF does not guarantee the accuracy of such cost opinions as compared to contractor or supplier bids or actual cost to the CLIENT. 5. INSURANCE SRF will maintain insurance coverage for Workers' Compensation, General Liability, Automobile Liability and Professional Liability and will provide certificates of insurance to the CLIENT upon request. 6. INDEMNIFICATION AND ALLOCATION OF RISK a. To the fullest extent permitted by law, SRF agrees to indemnify and hold harmless the CLIENT, their officers, directors and employees against all damages, liabilities or costs (including reasonable attorneys' fees and defense costs) to the extent caused by SRF's negligent acts under this Agreement and that of its subconsultants or anyone for whom SRF is legally liable. b. To the fullest extent permitted by law, the CLIENT agrees to indemnify and hold harmless SRF, their officers, directors and employees against all damages, liabilities or costs to the extent caused by the CLIENT's negligent acts under this Agreement and anyone for whom the CLIENT is legally liable. 7. TERMINATION OF AGREEMENT Either party may at any time, upon seven days prior written notice to the other party, terminate this Agreement. Upon such termination, the CLIENT shall pay to SRF all amounts owing to SRF under this Agreement, for all work performed up to the effective date of termination. OWNERSHIP AND REUSE OF DOCUMENTS All documents prepared or furnished by SRF pursuant to this Agreement are instruments of service, and SRF shall retain an ownership and property interest therein. Reuse of any such documents by the CLIENT shall be at CLIENT's sole risk; and the CLIENT agrees to indemnify, and hold SRF harmless from all claims, damages, and expenses including attorney's fees arising out of such reuse of documents by the CLIENT or by others acting through the CLIENT. Page 1 of 2 (MN Standard Terms and Conditions) Rev: March 5, 2014 USE OF ELECTRONIC MEDIA a. Copies of Documents that may be relied upon by the CLIENT are limited to the printed copies (also known as hard copies) that are signed or sealed by SRF. Files in electronic media format of text, data, graphics, or of other types that are furnished by SRF to the CLIENT are only for convenience of the CLIENT. Any conclusion or information obtained or derived from such electronic files will be at the user's sole risk. b. When transferring documents in electronic media format, SRF makes no representations as to long-term compatibility, usability, or readability of documents resulting from the use of software application packages, operating systems, or computer hardware differing from those used by SRF at the beginning of this Assignment. c. If there is a discrepancy between the electronic files and the hard copies, the hard copies govern. d. Because data stored in electronic media format can deteriorate or be modified inadvertently or otherwise without authorization of this data's creator, the party receiving electronic files agrees that it will perform acceptance tests or procedures within sixty (60) days, after which the receiving party shall be deemed to have accepted the data thus transferred. Any errors detected within the sixty (60) day acceptance period will be corrected by the party delivering the electronic files. SRF shall not be responsible to maintain documents stored in electronic media format after acceptance by the CLIENT. 10. FORCE MAJEURE SRF shall not be liable for any loss or damage due to failure or delay in rendering any service called for under this Agreement resulting from any cause beyond SRF's reasonable control. 11. ASSIGNMENT Neither party shall assign its rights, interests or obligations under this Agreement without the express written consent of the other party. 12. BINDING EFFECT This Agreement shall bind, and the benefits thereof shall inure to the respective parties hereto, their legal representatives, executors, administrators, successors, and assigns. 13. SEVERABILITY AND WAIVER OF PROVISIONS Any provisions or part of the Agreement held to be void or unenforceable under any laws or regulations shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon the CLIENT and SRF, who agree that the Agreement shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. Non -enforcement of any provision by either party shall not constitute a waiver of that provision, nor shall it affect the enforceability of that provision or of the remainder of this Agreement. 14. SURVIVAL All provisions of this Agreement regarding Ownership of Documents and Reuse of Documents, Electronic Media provisions, Indemnification and Allocation of Risk, and Dispute Resolution shall remain in effect. 15. DISPUTE RESOLUTION If negotiation in good faith fails to resolve a dispute within the thirty (30) days of notice of the dispute, or time period specified by applicable law, then the parties agree that each dispute, claim or controversy arising from or related to this Agreement or the relationships which result from this Agreement shall be subject to mediation as a condition precedent to initiating legal or equitable actions by either party. Unless the parties agree otherwise, the mediation shall be in accordance with the Commercial Mediation Procedures of the American Arbitration Association then currently in effect. A request for mediation shall be filed in writing with the American Arbitration Association and the other party. No legal or equitable action may be instituted for a period of ninety (90) days from the filing of the request for mediation unless a longer period of time is provided by agreement of the parties. Cost of mediation shall be shared equally between the parties. Mediation shall be held in a location mutually agreed upon by the parties. The parties shall memorialize any agreement resulting from the mediation in a mediated settlement agreement, which agreement shall be enforceable as a settlement in any court having jurisdiction thereof. 16. CONTROLLING LAW This Agreement is to be governed by the law of the principal place of business of SRF. 17. SITE SAFETY SRF shall not at any time supervise, direct, control or have authority over or charge of, nor be responsible for, the construction means, methods, techniques, sequences or procedures, or for safety and security precautions and programs in connection with the work performed by any Contractor for the Project, nor for any failure of any Contractor to comply with laws and regulations applicable to such Contractor's work, since these are solely the Contractor's rights and responsibilities. SRF shall not be responsible for the acts or omissions of any Contractor or Owner, or any of their agents or employees, or of any other persons (except SRF's own employees and consultants), furnishing or performing any work for the Project, except as specifically outlined in SRF's scope of services. Page 2 of 2 (MN Standard Terms and Conditions) Rev: March 5, 2014 2@2/2018 SRF Consulting Group, Inc. Client: City of Orono Project: Wayzata Boulevard (County Road 112) - Phase 2 Landscaping Subconsultants: TASK NO. SUMMARY OF TASKS 1.0 Project Management 2.0 Public Involvement 3.0 Preliminary Design and Visualizations 4.0 Landscape Construction Plans 5.0 Specifications 6.0 Cost Estimates 7.0 Bidding Support 8.0 Construction Support(OPTIONAL TASK) Attachment B - Scope of Services 9601N,9 Consulting Oruup, I— P11400 Project Overview: Design for Phase 2 of the Hennepin County Road 112 Roadway Reconstruction project in Orono and Long Lake is complete and construction will start in 2018. As a separate but related project, the City of Orono wants to develop a landscape plan forthe affected areas of the 112 project which are generally focused around the intersection of CSAH 112 and Old Long Lake Road and the new connection to the Luce Line State Trail. It will also include reforestation of impacted areas along the nearby ravine area where the City is planning to implement drainage and erosion control improvements. The area includes a proposed stormwater treatment pond and the surrounding land use is predominantly residential. SRF will complete the landscape plan in Fall 2018 for bidding in late fall/early winter and potential construction in Spring 2019, contingent on roadway construction completion. Pagel of 6 11400-CSAH 112-Ph2landscape-Orono.xlsx SRF CONSULTING GROUP, INC. ENGINEERS AND PLANNERS MINNEAPOLIS. MN 2@2/2016 SRF Consulting Group, Inc. Client: City of Orono Project: Wayzata Boulevard (County Road 112) - Phase 2 Landscaping TASK NO TASK DESCRIPTION 1.0 Project Management Assumptions: - General coordination ofthe project will include developingthe project schedule, scheduling agency coordination and public meetings as required, and monitoring the budget. Task also comprises routine communications, including telephone calls, emails, and/or meetings with the City's Project Manager to develop the nrnipnt annrnnch and nrnvidp nmorpss undnrec_ Client Deliverables: Feedback on proposed schedule and project approach 1.1 Prepare a project schedule and work approach. Assure the project work is completed on time and within budget through the monitoring of task performance. 1.2 Coordinate activities with other governmental agencies as required. (Does not include meetings.) - City of Long Lake - Hennepin County - MnDOT State Aid 1.3 Review budget regularly and process monthly invoices. 1.4 Prepare for and facilitate up to three meetings with City staff and/or other stakeholders. Meetings to be held at SRF Consulting Group's Plymouth office. SRF Deliverables: - Project schedule and work approach SUBTOTAL -TASK 1 2.0 Public Involvement Assumptions: - One public meeting will be held to take residents feedback on the proposed preliminary design. Client Deliverables: Provide meeting location and notifications to public. 2.1 Prepare for and attend one public meeting. SRF Deliverables: - Open house display boards SUBTOTAL - TASK 2 3.0 Preliminary Design and Visualizations Assumptions: - Proposed landscaping will be limited to trees, shrubs, perennials, and other ground covers. - Final design plans for CSAH 112 Phase 2 Roadway Reconstruction will be utilized for existing conditions basemapping, including existing and proposed utilities. - One round of revisions is assumed for all exhibits listed below based on City and public feedback. - Tasks below include all internal design coordination and meetings. ork Tasks and Person -Hour Estimates R 111S I ConsullIng Group, Inc. P11400 PRINCIPAL SR. ASSOC. ASSOCIATE SR. PROF PROF. TECHNICAL CLERICAL TOTALS EST. FEE 1 1 0 0 0 0 0 2 $346 0 4 0 0 0 0 0 4 $616 0 2 0 0 0 0 0 2 $308 0 6 0 1.5 1.5 0 0 9 $1,220 1 13 0 1.5 1.5 0 0 17 $2,490 0 3 0 0.5 0.5 0 0 4 $561 0 3 0 0.5 0.5 0 0 4 $561 Page 2 of 6 11400-CSAH 112-Ph2landscape-Orono.xlsx SRF CONSULTING GROUP, INC. ENGINEERS AND PLANNERS MINNEAPOLIS. MN 2122/2018 Page 3 of 6 SRF Consulting Group, Inc. Work Tasks and Person -Hour Estimates; Client: City of Orono Project: Wayzata Boulevard (County Road 112) - Phase 2 Landscaping ConsullIng Group, Inc. P11400 TASK NO. TASK DESCRIPTION PRINCIPAL SR. ASSOC. ASSOCIATE SR. PROF PROF. TECHNICAL CLERICAL TOTALS EST. FEE Client Deliverables: - Confirm authorization from Hennepin County to utilize electronic data from the CSAH 112 roadway project. - Plans for drainage and erosion control improvements in nearby ravine north of Old Long Lake Rd. (by other) - Available information for proposed redevelopment of the parcel immediately to the west ofthe CSAH 112/Old Long Lake Rd. intersection within Long Lake limits - Review of exhibits and preliminary plans for compliance with project goals, City of Orono standards, and maintenance requirements. 3.1 Visit site and document existing conditions of nearby surroundings with 0 0 0 1 1 0 0 2 $197 photographs. 3.2 Prepare existing conditions basemapping (aerial and CAD). 0 0 0 0 2 0 0 2 $182 3.3 Develop an illustrative Preliminary Landscape Layout Plan. 0 1 0 10 10 0 0 21 $2,124 3.5 Create one 3D photo -realistic visualization ofthe proposed design overlayed on a 0 0 0 0 12 0 0 12 $1,092 photo background of the surroundings. 3.6 Prepare a Preliminary Construction Cost Estimate. 0 0.5 0 0.5 4 0 0 5 $494 SRF Deliverables: - Preliminary Landscape Layout Plan - One 3D photo -realistic visualization - Preliminary Construction Cost Estimate SUBTOTAL - TASK 3 0 1.5 0 11.5 29 0 0 42 $4,089 4.0 Landscape Construction Plans Assumptions: - Landscape Plan will be based on CSAH 112 phase 2 Roadway Reconstruction which includes permanent turf establishment of impacted areas. - Plans will be submitted for review at 75% and 100% completion for review by City, Hennepin County, and MnDOT State Aid in electronic pdf format. - Tasks below include all internal design coordination and meetings. Client Deliverables: - City standard terms and conditions for bidding documents - Review of plans, specifications, bidding documents 4.1 Prepare Draft 75% Complete Plans. 0 1 0 8 16 0 0 25 $2,458 4.2 Prepare Final 100% Complete Plans. 0 1 0 6 12 0 0 19 $1,882 4.3 Perform internal quality review of plans. 0 2 0 0 0 0 0 2 $308 SRF Deliverables: - Draft 75% Complete Plans - Final 100% Complete Plans SUBTOTAL -TASK 4 0 4 0 14 28 0 0 46 $4,648 5.0 Specifications Assumptions: - SRF will prepare the necessary Division S Special Provisions to supplement the 2018 MnDOT Standard Specifications. - SRF will prepare the necessary Special Provisions to amend or supplement the 2018 MnDOT Standard Specifications for Plant Installation. 11400-CSAH 112-Ph2landscape-Orono.xlsx SRF CONSULTING GROUP, INC. ENGINEERS AND PLANNERS MINNEAPOLIS. MN 2122/2018 Page 4 of 6 SRF Consulting Group, Inc. Work Tasks and Person -Hour Estimates; Client: City of Orono Project: Wayzata Boulevard (County Road 112) - Phase 2 Landscaping ConsullIng Group, Inc. P11400 TASK N0. TASK DESCRIPTION PRINCIPAL SR. ASSOC. ASSOCIATE SR. PROF PROF. TECHNICAL CLERICAL TOTALS EST. FEE Client Deliverables: - City of Orono will prepare all standard terms and conditions for the contract. 5.1 Prepare Draft 75% Complete Specifications. 0 0 0 4 0 0 0 4 $424 5.2 Prepare Final 100% Complete Specifications. 0 0 0 2 0 0 0 2 $212 5.3 Perform internal quality review of specifications. 0 1 0 0 0 0 0 1 $154 SRF Deliverables: - Draft 75% Complete Specifications - Final 100% Complete Specifications SUBTOTAL -TASK 5 0 1 0 6 0 0 0 7 $790 6.0 Cost Estimates Assumptions: - SRF will prepare an estimate of construction costs at 75% and 100% plan completion based on anticipated 2019 construction. - Estimate will be formatted as a unit cost project with pay items based on the MnDOT standard list. Client Deliverables: None 6.1 Prepare Draft 75% Complete Construction Cost Estimate. 0 0 0 0.5 4 0 0 4.5 $417 6.2 Prepare Final 100% Complete Construction Cost Estimate. 0 0 0 0.5 2 0 0 2.5 $235 SRF Deliverables: - Draft 75% Complete Construction Cost Estimate - Final 100% Complete Construction Cost Estimate SUBTOTAL -TASK 6 0 0 0 1 6 0 0 7 $652 7.0 Bidding Support Assumptions: - City will prepare administrative bidding documents and post project for public bidding per local requirements. - City will make all arrangements for the pre-bid meeting. Client Deliverables: None 7.1 Attend pre-bid meeting. 0 0 0 2 0 0 0 2 $212 7.2 Prepare responses to Contractor questions and addenda if necessary. 0 0 0 2 4 0 0 6 $576 SRF Deliverables: - Draft 75% Complete Construction Cost Estimate - Final 100% Complete Construction Cost Estimate SUBTOTAL - TASK 7 0 0 0 4 4 0 0 8 $788 8.0 Construction Support (OPTIONAL TASK) Assumptions: - Construction will take place in Spring 2019 11400-CSAH 112-Ph2landscape-Orono.xlsx SRF CONSULTING GROUP, INC. ENGINEERS AND PLANNERS MINNEAPOLIS. MN 2@2/2018 SRF Consulting Group, Inc. Client: City of Orono Project: Wayzata Boulevard (County Road 112) - Phase 2 Landscaping Work Tasks and Person -Hour Estimates R1"SI CunsullIng Group, Inc. P11400 TASK N0. TASK DESCRIPTION PRINCIPAL SR. ASSOC. ASSOCIATE SR. PROF PROF. TECHNICAL CLERICAL TOTALS EST. FEE - Construction Contractor will be required to follow the MnDOTstandard two-year plant establishment procedures. - City will be the main administrator of the construction contract, including pay requests, requests for information, change orders, and other required documentation. SRF will only serve in a technical support role to facilitate plant installation and establishment in comnliance with the bid documents. Client Deliverables: None 8.1 Facilitate an on-site pre -construction meeting and an initial contractor 0 0 0 3 0 0 0 3 $318 competency demonstration. 8.2 Review Contractor credentials and plant sourcing submittals. 0 0 0 1 0 0 0 1 $106 8.3 Review plant materials for compliance with plans and specifications when 0 0 0 3 0 0 0 3 $318 delivered to the project site. 8.4 Review regular Contractor scouting reports over the two-year establishment 0 0 0 6 0 0 0 6 $636 period. 8.5 Perform three punchlist walk-throughs with the City and Construction Contractor - 0 0 0 12 0 0 0 12 $1,272 after completion of initial installation, at the end of the first establishment year, and at the end ofthe two-year establishment period for final project closeout. SRF Deliverables: - Documentation of the tasks listed above. SUBTOTAL - TASK 8 0 0 0 25 0 0 0 25 $2,650 * NOTE: TASK 8 NOT INCLUDED IN TOTAL ESTIMATED FEE BELOW TOTAL ESTIMATED PERSON -HOURS 1 23 0 39 69 0 0 131 AVERAGE HOURLY BILLING RATES $192 $154 $123 $106 $91 $83 $68 ESTIMATED LABOR AND OVERHEAD $192 $3,465 $0 $4,081 $6,279 $0 $0 $14,017 ESTIMATED DIRECT NONSALARY EXPENSES $102 TOTAL ESTIMATED FEE $14,119 Page 5 of 6 11400-CSAH 112-Ph2landscape-Orono.xlsx SRF CONSULTING GROUP, INC. ENGINEERS AND PLANNERS MINNEAPOLIS. MN 2@2/2016 SRF Consulting Group, Inc. Client: City of Orono Project: Wayzata Boulevard (County Road 112) - Phase 2 Landscaping TASK NO TASK DESCRIPTION ESTIMATE OF DIRECT NON -SALARY EXPENSES: MILEAGE: REPRODUCTION: COMMUNICATIONS: ESTIMATED DIRECT NON -SALARY EXPENSES SUMMARY OF COSTS: 1.0 Project Management 2.0 Public Involvement 3.0 Preliminary Design and Visualizations 4.0 Landscape Construction Plans 5.0 Specifications 6.0 Cost Estimates 7.0 Bidding Support Work Tasks and Person -Hour Estimates R 1"S I CunsullIng Group, Inc. P11400 PRINCIPAL SR. ASSOC. ASSOCIATE SR. PROF PROF. TECHNICAL CLERICAL TOTALS EST. FEE Personal Vehicles 100 Miles @ $0.545 $55 Copy Duplication 100 Copies @ $0.10 $10 Color Copies 50 Copies @ $0.35 $18 Mail, Express, Etc. $20 $102 PRINCIPAL SR. ASSOC. ASSOCIATE SR. PROF PROF. TECHNICAL CLERICAL TOTALS $ 192 $ 2,002 $ - $ 159 $ 137 $ - $ - $ 2,490 $ - $ 462 $ - $ 53 $ 46 $ - $ - $ 561 $ - $ 231 $ - $ 1,219 $ 2,639 $ - $ - $ 4,089 $ - $ 616 $ - $ 1,484 $ 2,548 $ - $ - $ 4,648 $ - $ 154 $ - $ 636 $ - $ - $ - $ 790 $ - $ - $ - $ 106 $ 546 $ - $ - $ 652 $ - $ - $ - $ 424 $ 364 $ - $ - $ 788 $14,017 Page 6 of 6 11400-CSAH 112-Ph2landscape-Orono.xlsx SRF CONSULTING GROUP, INC. ENGINEERS AND PLANNERS MINNEAPOLIS. MN AGENDA ITEM Item No.: 7 Date: March 12, 2018 Item Description: Golf Course Clubhouse Foundation Waterproofing Presenter: Jason Goehring Agenda Consent Agenda Parks and Golf Supervisor Section: 1. Purpose. The purpose of this action item is to gain approval to proceed with the restoration of the south golf course clubhouse wall. 2. Background. For the past several years the Golf Course club house has been suffering from water seepage through the south basement wall. Previous efforts to redirect surface runoff from the parking lot have improved the situation but not solved it. Prior to adding a deck to the clubhouse it is imperative that all foundation issues be resolved. This project is one of a series of golf course improvements planned for the 2018 construction season. 3. Project Scope. Waterproof Clubhouse basement, install drain tile, install sump pump. 4. Cost. The City received two quotes listed below. Contractor Quote Basement Repair Specialists $10,462.24 DBS $19,650.00 5. Funding. This project will be funded through the GC Operating and Maintenance Budget. Fund Quote Estimate CIP Estimate Park Operating and Maintenance 1 $10,462.24 $ 10,000 6. Staff Recommendation. I recommend that the council accept the quote from Basement Repair Specialists for $10,462.24. COUNCIL ACTION REQUESTED Motion to accept the quote from Basement Repair Specialists for $10,462.24 to water proof the clubhouse foundation. Prepared By: JG Reviewed By: Approved By:.2)`�iZ AGENDA ITEM Item No.: Date: March 12, 2018 Item Description: Authorization for Disposal of Firearms Presenter: Correy Farniok, Agenda Consent Agenda Police Chief Section: 1. Purpose. The purpose of this action item is to gain approval to proceed with the disposal of firearms. 2. Background. Over the last several years the police department has acquired several guns by various means. Some have been turned in for disposal, some have been taken during search warrants and others have been seized when used illegally. Orono Public Works will assist us by cutting up the weapons that will be destroyed. 3. Project Scope. Destroy the following firearms: 17-003019 - New Haven Model 2500, .22, SN# 22SI VLLR 17-005079 - Starter pistol, American DBL Action Started Pistol, No SN 17-005089 - Stevens Crackshot 26 revolver, .22 caliber, no SN 17-009643 - Stevens Model 940.410 ga, no SN 15-013243 - Hi -Point, 380 cal, Model CF -380, SN 8086539 4. Staff Recommendation. I recommend that the five (5) firearms listed above be destroyed and authorize staff from Public Works to assist with the destruction of these firearms. COUNCIL ACTION REQUESTED Motion to approve the authorization to destroy the five firearms and for Public Works to assist with the destruction and disposal of the 5 firearms listed above. Prepared By: Correy Farniok Reviewed By: -SbV Approved By:.2)`�iZ AGENDA ITEM Item No.: Date: March 12, 2018 Item Description: Authorization to Replace Squad #230 Presenter: Correy Farniok Agenda Section: Consent Agenda Police Chief Purpose. The purpose of this action item is to gain approval to replace a police vehicle #230. Background. Squad #230 was a 2013 Chevy Tahoe. On February 9, 2018 squad #230 was being used to deliver evidence to the BCA in St. Paul. A vehicle being pursued by MN State Patrol crossed over the center lane and struck #230. Insurance determined the vehicle as a total loss. League of MN Cities Insurance trust settled on the 2013 Chevy Tahoe for $19,875. The police department would like to replace #230 with a 2018 Dodge Durango Special Service AWD. Cost for the 2018 Durango is $26,062. Insurance will also cover the cost of graphics, tear down of #230 and the new equipment and building of the 2018 Dodge Durango. Insurance to pay a total of 27,624.28. Cost difference between the settlement of $19,875 for #230 and $26,062 for the 2018 Durango is $6,187. Cost. The City is using the state contracted pricing for the purchasing of this vehicle. Dodge of Burnsville will be used for the purchasing of this vehicle. Dealership Make Model Quote Dodge of Burnsville Dodge Durango $26,062.00 *plus tax, registration and other miscellaneous fees Funding. This purchase ($6,187) will be funded through the Automotive Equipment line of the police budget. Staff Recommendation. I recommend the replacement of #230 with a 2018 Dodge Durango. COUNCIL ACTION REQUESTED Motion to approve the purchase of a 2018 Dodge Durango from Dodge of Burnsville. Exhibits Exhibit A. Details of information related to replacing Squad #230 Exhibit B. Dodge Durango Quote Exhibit C. Details for squad teardown, setup and equipment, graphics and tow invoices. Prepared By: Correy Farniok Reviewed By: -�bja Approved By: 11V Orono Police Department Crash 02-09-18 Case #18-1325 Mark Stangler — Claims Adjuster 612-849-2313 2013 Chevy Tahoe 1GNSK2EOODR209089 Settled price $19,875 Deputy Registrar Title for new vehicle $21.75 Vehicle Setup Streicher's Durango $6,636.78 Tows Williams $170.75 Twin Cities Transport and Recovery, Inc. $ 50.00 Graphics Durango $870.00 $27624.28 Minus deductible $-2500.00 Total $25124.28 2018 Dodge Durango Special Service AWD $26,062.00 2013 Chevy Tahoe Insurance Settlement $19,875.00 Cost difference for replacement $6,187.00 DODGE OF BURNSVILLE INC 12101 35W SOUTH BURNSVILLE, MN 55337 Configuration Preview Date Printed: 2017-10-06 11:50 AM VIN: Quantity: 1 Estimated Ship Date: VON: Status: BA - Pending order FAN 1: 48786 STATE OF MINNESOTA, MATERIALS FAN 2: Client Code: Bid Number: TB8072 Sold to: Ship to: PO Number: DODGE OF BURNSVILLE INC (42832) DODGE OF BURNSVILLE INC (42832) 12101 35W SOUTH 12101 35W SOUTH BURNSVILLE, MN 55337 BURNSVILLE, MN 55337 Vehicle: 2018 DURANGO SPECIAL SERVICE AWD (WDEE75) Sales Code Description MSRP(USD) FWP(USD) Model: WDEE75 DURANGO SPECIAL SERVICE AWD Package: 2BX Customer Preferred Package 2BX ERC 3.6L V6 24V VVT Engine Upg I WESS DFT 8-Spd Auto 850RE Trans (Make) q Paint/Seat/Trim: ) %64W White Knuckle Clear Coat eld:c.I. _ Cx- S VJ APA Monotone Paint *H7 Cloth Low -Back Bucket Seats -X9 Black Options: 4DH Prepaid Holdback 4ES Delivery Allowance Credit MAF Fleet Purchase Incentive 5N6 Easy Order 4FM Fleet Option Editor 4FT Fleet Sales Order 174 Zone 74 -Denver 4EA Sold Vehicle Non Equipment: 4FA Special Bid -Ineligible For Incentive Bid Number: TB8072 Government Incentives Discounts: YG1 7.5 Additional Gallons of Gas Destination Fees: Total Price: Order Type: Fleet PSP MonthlWeek: Scheduling Priority: 1 -Sold Order Build Priority: 99 Customer Name: Customer Address: USA Instructions: 51 % ,u e Note: This is not an invoice. The prices and equipment shown on this priced order confirmation are tentative and subject to change or correction without prior notice. No claims against the content listed or prices quoted will be accepted. Refer to the vehicle invoice for final vehicle content and pricing. Orders are accepted only when the vehicle Is shipped by the factory. � Page 1 of 1 STREICHER'S service since 1953 SALES QUOTE www.Stroichers.com Emergency Vehicle Service 8904 Wentworth Ave S Sales Quote Number: Q324270 Bloomington, MN 55420 Sales Quote Date: 03/06/18 Phone: 763-546-9551 Page: 1 Fax: 763-582-0470 Sell 359 Ship To: Orono Police Dept. To: Orono Police Dept. Sgt. Wittke 2730 Kelley Pkwy 2730 Kelley Pkwy, Box 86 Long Lake, MN 55356 Crystal Bay, MN 55323 Phone: (952) 249-4700 Fax: (952) 476-3028 Ship Via SalesPerson Jeremy Jenniges Terms Net 15 Phone: 763-252-2502 E-mail: jeremyj@Streichers.com Item No. Description Unit Quantity Unit Price Total Price LABOR Teardown, 2013 Tahoe EA 1 240.00 240.00 LABOR Buildup, 2018 Durango EA 1 1,920.00 1,920.00 EVS-SUPPLIES Wire, loom, connectors, etc. EA 1 45.00 45.00 EVS-SWITCH Lit Rocker Switch EA 1 7.99 7.99 EVS-SUPPLIES Shore power outlet EA 1 89.99 89.99 EVS-BBUK Brake/Back-Up Light Kill System EA 1 39.99 39.99 EVS-LIGHT.R Rear Passenger Compartment Light: LED EA 1 24.99 24.99 SOS-ETFBSSN.P Flasher: FlashBack Alternating Rear Flasher EA 1 59.99 59.99 SOS-ETHFSS.SP, HEADLIGHT FLASHER: SELECT PATTERN, SOLID-STATE, ISO EA 1 69.99 69.99 FI -S2009 Speaker: Triton, 100W w/Bracket EA 1 139.99 139.99 FI -136009 Cobra L -Bracket EA 2 12.99 25.98 STRIEICHER' S service since 195 3 SALESQU�TE1 www.Strelchers.com Emergency Vehicle Service 8904 Wentworth Ave S Sales Quote Number: Q324270 Bloomington, MN 55420 Sales Quote Date: 03/06/18 Phone: 763-546-9551 Page: 2 Fax: 763-582-0470 Sell 359 Ship To: Orono Police Dept. To: Orono Police Dept. Sgt. W ittke 2730 Kelley Pkwy 2730 Kelley Pkwy, Box 86 Long Lake, MN 55356 Crystal Bay, MN 55323 Phone: (952) 249-4700 Fax: (952) 476-3028 Ship Via SalesPerson Jeremy Jenniges Terms Net 15 Phone: 763-252-2502 E-mail: jeremyj@Streichers.com Item No. Description Unit Quantity Unit Price Total Price SET-PB400K.DU Push Bumpers: Setina PB400 Alum, 2018 Dodge Durango EA 1 349.99 349.99 PSE-MR6FM.RB Surface Mount LED Light: MR6, Red/Blue EA 2 91.99 183.98 PSE-MR6FM.RW Surface Mount LED Light: MR6, Red/White Combo EA 2 89,99 179.98 PSE-MR6FM.BW Surface Mount LED Light: MR6, Blue/White Combo EA 2 91.99 183.98 JOT -6643 Contour Console: 2018 Dodge Durango SSV EA 1 529.99 529.99 GJ -7160.0323 Baseplate: 2018 Dodge Durango EA 1 129.99 129.99 STR-MMC1 Magnetic Mic Clip Conversion Kit EA 1 34.99 34.99 SET-10VSLRP Setina #10 -VS Partition: Coated P w/Rec Panel, EA 1 749.99 749.99 FRT -PART Partition Shipping Surcharge EA 1 150.00 150.00 SET- WB.DUR Window Barriers: Steel, Easy Install, Dodge Durango 2018 PAIR 1 200.99 200.99 SET-12VS Setina #12 -VS Partition: Rear Cargo Area METAL, Spec Vehicle EA 1 379.99 379.99 Emergency Vehicle Service 8904 Wentworth Ave S Bloomington, MN 55420 Phone: 763-546-9551 Fax: 763-582-0470 Sell 359 To: Orono Police Dept. Sgt. Wittke 2730 Kelley Pkwy, Box 86 Crystal Bay, MN 55323 Phone: (952) 249-4700 Fax: (952) 476-3028 Ship Via Terms Net 15 Item No. Description STREICHER'S UOT SALES service since 195 "3 Q www.Streichers.com Sales Quote Number: Q324270 Sales Quote Date: 03/06/18 Page: 3 Ship To: Orono Police Dept. 2730 Kelley Pkwy Long Lake, MN 55356 SalesPerson Jeremy Jenniges Phone: 763-252-2502 E-mail: jeremyj@Streichers.com Unit Quantity Unit Price Total Price GJ -7160.0318.00 Docking Station: Pan CF30/31, w/No RF & Std EA 1 899.00 899.00 Lock Quoted prices do not include Sales Tax. All quoted prices are valid for 60 days from the date of the quote. Total: 6,636.78 WAVA GRA Iro SHOPPE 3240 Mike Collins Drive Eagan, MN 55121 888-683-9665 Toll free 651-683-9740 Fax Bill To Orono Police Department Accounts Payable P.O. Box 86 Crystal Bay, MN 55323 Quotation Date Estimate # 3/2/2018 10926 Ship To Orono Police Department Mike Wocken 2730 Kelley Parkway Long Lake, MN 55356 - Terms Est. Delivery from art approval Rep Project Name Net 30 2 Weeks Shawn 2018 Dodge Durango Qty Description Price Total 1 Custom Reflective Kit for a Black 2018 Dodge Durango Unit Number 255 215.00 215.00 Lettering on Rear is SPRING PARK - MOUND MINNEKTONKA BEACH 1 12" Tall Roof Number 255 in White Non -Reflective 20.00 20.00 1 Set of 3M 1080 Gloss White Wrap for SIDE DOORS ONLY BELOW THE WINDOWS ONLY 450.00 450.00 1 Install at Orono PD DATE TBD 185.00 185.00 This estimate is based on plans and specifications provided at the time Subtotal $870.00 the estimate was given. Changes requested by the customer may cause a change in the quoted price. Freight will be added to the invoice unless other arrangements are made. This quote is valid for 30 days. Sales Tax (6.875%) $0.00 Total $870.00 Authorization Signature and Date Invoice Williams Towing 4250 Creekvlew Circle Minnetrista, Minnesota 55375 Phone; (952) 446-9650 Fax: (952) 446.9661 Customer ORONO POLICE DEPARTMENT 2730 Kelley Parkway Orono, Minnesota 55356 147665 09 -Feb -2018 li __11„1101 y Location; 535 Maryland Ave E Si Paul Destination: Orono P.D, Reason. Flat Bed Zone: Vehicle; Chevrolet Tahoe Owner: Squad # 230 Phone.- hone:VIN: VIN: Plate/Tag: Truck: 7 Mileage: Driver: RP 'terms; I I G/iA 10N iAiN(,n'ni 0in7 '71 'na I Invoice Twin Cities Transport & Recovery, Inc. 1396 Concordia Ave St Paul, Minnesota 55104 Phone: (651) 642-1446 Fax: (651) 642-0010 Customer City Of Orono 2730 Kelley Parkway Orono, Minnesota 55356 Invoice # Date Call # 612357 09 -Feb -2018 122 Location: Maryland & Bradley Destination: Move Around Corner For William's Towing Reason: Accident Zone: Concordia Vehicle: 2013 Chevrolet Tahoe K1500 Spec Srvc (Black) Owner: Orono Police Department Phone: Vehicle #: 230 Trailer #: VIN: 1GNSK2EOODR209089 Plate/Tag: POLICE MN Truck: 40;70 Mileage: Driver: JONJ;NIE ` Date Incident# ClubjPp # SemCe Quantity- ,Rate Att ount•: 09 -Feb -2018 18-1325 Tow Charge (40) 1.00 50.00 50.00 Bill to: Orono Police Department 2730 Kelley Pkwy Orono, MN 55356 Per Mike Wocken #566 Squad 230 952.249.4700 Case 18-1325 Called by the MN State Patrol. Requested by Mike #566 to clear the scene and move to a safe place for Williams Towing to come and tow the vehicle away, Our billing address has changed to our new corporate office: Sub Total 50.00 Twin Cities Transport & Recovery 3760 Flowerfield Road Blaine, MIN 55014 Please contact billing@tctr.com or call 763.283.5252 with any questions. TOTAL 50.00 Payments 0.00 Balance Owing 50.00 AGENDA ITEM Item No.: 10 Date: March 12, 2018 Item Description: #LA18-000004 — Gates General Contractors o/b/o Chris & Leslie Neugent, 710 Big Island, Variances — Resolution Presenter: Melanie Curtis Agenda Consent Agenda Planner Section: 1. Purpose. This application is regarding average lakeshore setback variances to permit expansion of the existing cabin. 2. MN§15.99 Application Deadline. The application was received on December 29, 2017 and considered to be complete on January 17"'. Therefore, the 60 -Day review period expires on March 181'. 3. Background/ Summary. The owners are requesting an average lakeshore setback variance to permit enlargement of two areas of their existing cabin; the screen porch expansion is 89 square feet and the mudroom expansion is 85 square feet. 4. Planning Commission Vote and Comment. On February 20' the Planning Commission held a public hearing. Following the public hearing the Planning Commission voted 5 to 0 on a motion to approve the requested variances. The Commission noted that the entire cabin is lakeward of the average lakeshore setback line and the improvements will not impact adjacent views. 5. Public Comment. Comments from the neighbors were received and are attached as Exhibit D. 6. Staff Recommendation. Staff recommends approval. COUNCIL ACTION REQUESTED Motion to adopt or amend the approval resolution. Exhibits Exhibit A. Draft Resolution Exhibit B. Proposed Plans Exhibit C. Draft PC Minutes Exhibit D. Public Comment Exhibit E. PC Staff Report References PC Exhibits 02120/18 Exhibit A. Application Exhibit B. Practical Difficulties Documentation Form Exhibit C. Existing & Proposed Survey Exhibit D. Proposed Plans and Elevations Exhibit E. Resolution 6627 Exhibit F. Property Owners List Exhibit G. Plat Map Prepared By: WGG Reviewed By: J. Barnhart Approved By: 11 6a CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. A RESOLUTION APPROVING VARIANCES FROM MUNICIPAL ZONING CODE SECTION 78-1279 FILE NO. LA18-000004 WHEREAS, on December 29, 2017, Christopher Neugent and Leslie Neugent (hereinafter the "Applicants"), applied for variances from the City Code for the property addressed 710 Big Island and legally described as: That part of Government Lot 6, Section 22, Township 117, Range 23 West, described as follows: Beginning at the intersection of the East line extended of Recreation Point (now vacated) with the shore of Lake Minnetonka; thence Westerly and Southerly along the shore line of said lake, to its intersection with the Southerly line extended of Lot H, said addition, vacated; thence Southeasterly through a point marked with a judicial monument distant 165 feet from the Southeast corner of said Lot H along the Southerly line thereof, to the Southeast corner thereof, which corner is marked by judicial monument; thence Southeasterly in a straight line to the Southwesterly corner of Lot T of said addition, vacated, which corner is marked by a judicial monument; thence Easterly along the Southerly line of said Lot T to the judicial monument,; thence North along the East line of said addition, vacated, through a point marked with a judicial monument distant 320 feet from said Southeast corner of said Lot t, to the point of beginning (hereinafter the "Property"); WHEREAS, the Applicants have made application to the City of Orono for a variance to Orono Municipal Zoning Code Section 78-1279 to allow expansion of a screen porch and creation of a mudroom addition, lakeward of the average lakeshore setback line; and WHEREAS, on February 20, 2018, after published and mailed notice in accordance with Minnesota Statutes and the City Code, the Planning Commission held a public hearing, at which time all persons desiring to be heard concerning this application were given the opportunity to speak thereon; and WHEREAS, on February 20, 2018, the Planning Commission recommended approval of the variances; and WHEREAS, on March 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. NOW, THEREFORE, BE IT RESOLVED that the City Council of Orono, Minnesota hereby approves the requested variances as described above based on one or more of the following findings of fact concerning the Property: FINDINGS OF FACT: 1. This application was reviewed as Zoning File # LA18-000004. 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 RS Zoning District. 3. The Property contains 2.38 acres in area and has a defined lot width of ±380 feet at the 75' setback and ±460 feet at the OHWL. 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 variance[s]: a. Average Lakeshore Setback 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: 1. "Variances shall only be permitted when they are in harmony with the general purposes and intent of the ordinance." The variances are minimal and generally consistent with the intent of the ordinance. This criterion is met. 2. "Variances shall only be permitted when the variances are consistent with the comprehensive plan." The requested variances are consistent with the residential goals within the comprehensive plan. This criterion is met. 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: CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 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 minimal additions to the cabin are reasonable on this wooded, 2+ acre residential property. This criterion is met. b. The plight of the landowner is due to circumstances unique to his property not created by the landowner. The property's orientation at the point of the island; the separation between the subject cabin and the neighboring cabins; the existing tree stands combined with the elevation and setback of the existing cabin on the property in relation to the lake result in a unique circumstance allowing for a the cabin additions to be almost completely screened from views off the property; and c. The variance, if granted, will not alter the essential character of the locality. " The cabin additions will be screened adequately year-round, will be keeping with the style of the cabin, and will screened from views from off of the property. This condition is met. 4. "Economic considerations alone do not constitute practical difficulties." The Applicants have not requested consideration based on economic criteria. 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 criteria 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." The use is permitted; this criteria is not applicable. 7. "The board or council may permit as a variance the temporary use of a one -family dwelling as a two-family dwelling." This criteria is not applicable. 8. "The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property." The property is an existing lot of record and contains a large number of mature trees for screening. The topography of the property increases as it moves away from the lake and the owner feels the proposed additions to the cabin are logical and will not adversely impact adjacent properties. This criterion is met. CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 9. "The conditions do not apply generally to other land or structures in the district in which the land is located." The property is situated at the northwestern most point of the island. The applicant's proposal does not appear to be out of character with the area. 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." This statement is true. 11. "The granting of the proposed variance will not in any way impair health, safety, comfort or morals, or in any other respect be contrary to the intent of this chapter." The proposed cabin additions will not impair the health, safety, comfort or morals of the public.This criterion is met. "The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty." The Applicants have demonstrated practical difficulties which support granting average lakeshore setback variances to permit the improvements lakeward of the average lakeshore setback line. This criterion is met. CONCLUSIONS, ORDER AND CONDITIONS: Based upon one or more of the above findings, the Orono City Council hereby denies variances from Orono Municipal Zoning Code Sections 78-1279 to permit construction of the mud room and screen porch addition lakeward of the average lakeshore setback; subject to the following conditions: 1. Council approval is based on the survey by Kemper & Associates, Inc. dated 12/13/17 and building plans dated 12/08/17 submitted by the Applicants and annotated by City staff, attached to this Resolution as Exhibits A & B. Any amendments to the plans which are not in conformity with City codes may require further Planning Commission and City Council review. 2. 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 on the cabin additions within one year of the date of Council approval, or the variances will expire on that date (March 12, 2019). 3. Violation of or non-compliance with any of the terms and conditions of this resolution shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 4. The undersigned Applicants have read, understand and hereby agree to the terms of this resolution and on behalf of the Applicants and the Applicants' heirs, successors and assigns, hereby agree to the recording of this resolution in the chain of title of the Property. ADOPTED by the Orono City Council on this 12th day of March, 2018. 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PROFESSIONAL LAND SURVEYORS - IrHE NEUGENT PR..-OPEf -TY 6iie!!5iii1!T 10 20 721 OLD HIGHWAY 8 N.W. NEW BRIGHTON, MINNESOTA 55112 SHORELINE \\ (01/21/2016) 10 INCH EQUALS 20 FEET 65151-6318 651-631-8805 /' - -� BIG ISLANDFAX 710 BASIS FOR BEARINGS: email: kemper®pro-ns.net � HENNEPIN COORDINATE SYS EM / www.kemersurve S.COm INDEN T (NAD 83 , 1996) 930 \\ \ CITY OF ORONO, HENNEPIN C O JI 1 T Y, MINNESOTA BASIS FOR ELEVATION: FLAG 932 \93\ �\ / MINNESOTA DEPARTMENT I OF TRANSPORTAON STATION "SHORE990" o POLE (PROPOSED HARDCOVER CALCULATIONS) R THE INTERSECTION ATR OFNK HIGHWAY 1 SH \ '� \ \ / & TRUNK HIGHWAY 41. \ \ ELEV.=996.586 (NGVD 29) LAKEMINNETONKA (VIA REAL IME GPS / FIRE BOULDER �� \ ICE ELEV.= /� MEASUREMENTS UTILIZING MINNESOTA DEPARTMENT / RING RETAINING \ WALL \ 928.9 HIGHEST RECORDED ELEVATION=931.11 (06/23/2014) 100-YEAR FLOOD ELEVATION= SHORELINE 931.5 (NGVD 29) OF TRANSPORTATION MRS NETWORK) \ (01/21/2016) (01/21/2016) LOWEST RECORDED ELEVATION=921.78 (12/16/1937) (ESTABLISHED BY MINNEHAHA CREEK WATERSHED DISTRICT) / CONTOUR INRVAL=1 FOOT � \� ORDINARY HIGH WATER LEVEL=929.WATERSHEDE / M AMM 9" CEDAR STONE 933 930 � � POINT OF BEGINNING OF EAST SEPS \ (NGVD ELEVATIONS PER MINNESOTA DEPARTMENT "LAKE / (INTERSECTION LINE OF RECREATION BOULDER \� / RETAINING ES _- T FINDER" WEBSITE) OF NATURAL RESOURCES � � � g POINT, VACATED, WITH j �a17 ��17 r� ® I� T / / LAIKE 11 tl 1 tl 1� MINNETONKA � � WALL /� 934 \ \ 930 g-y>• g31 / THE SHORE OF LAKE MINNETONKA (ORDINARY HIGH WATER LEVEL)) I 32 gS3 / / ORDINARY 12" SPRUCES 93� \ 93y� HIGHEST RECORDED ELEVATION =931.11 (06/23/2014) / / HIGH WATER 0 930 l g3 LOWEST RECORDED ELEVATION=921.78 (12/16/1937) / m VEL „ BOULDER N LINDENS 935 RETAINING " MA (9 9.4 NGVD 29) 36 12 ASH 930 5'YLINDEN - ORDINARY HIGH WATER LEVEL=929.4 WAL I `- 936 931 - - / - - = - ° / 4> 0�5 0° 5 15" LIN N �' ° JU ICIAL M NUMENT (NGVD 29 ELEVATIONS AS PER MINNESOTA DEPARTMENT / "LAKE 1 PL \ 93j ` 18" \ _931 9`32 932 933 9 32 ° OR OF NATURAL RESOURCES FINDER" WEBSITE gy6 \ 21" 836 2 MAP 1 934835 933 9" L I TONE - BOULDER 936937 E 934 9.4 29 ° 12" MAPLE rn 100-YEAR FLOOD ELEVATION= / 18" MAPLE 21" �� 0 21" 937 EPS RETAINING 3g 93S WALL 938 38 9 O 9 I J 931.5 (NGVD 29) / \ 18" I 27 OAK yml' (ESTABLISHED BY MINNEHAHA CREEK WATERSHED DISTRICT) / 18 E ^� �`� n \ 21" MAPLE o NO MAP 6 9" CEDAR 9 ",- `' 93 ` 93 0' 0 I I q• 1 0 BRICK _' ' o 12" MAPLE 9" S RUCE I "PRIVATE: - g5 12" CEDAR I \ \ FIREBOX s 12 MAPLE ° xO I 10 18" MAPLE PROPERTY" 938 / N ro -+ 1, I N SIGN ICE ELEV.= 1 w°' 742 24" DOAK °M' 12" APLE 15 938 APLE 928.9 6" C 39 93757 I ° I NORTHEASTERLY SIDE OF 710 BIG ISLAND (01/21/2016) / / 7008 y 839 75' OHW \ 01 X 18" MAPLE � I CITY OF ORONO, HENNEPIN COUNTY, MINNESOTA LEGEND / kO 24" f�fAPL g P�ELEV.= SETBACK MA E m c� 15" MA LE 9Ap STONE 21" MAPLE 21" MAfPL 12" APLE -940- EXISTING CONTOUR LINE / ° 974.5 � .71 Sg o 2 OVERH�NG g 24" MAPLE g 5 RE INGI o 0 ALES 1" MAPLE 1 LEGAL DESCRIPTION X938.44 EXISTING SPOT ELEVATION / % g2 o ry ° 27" MA LE 1 18" MAPL CERTIFICATE OF TITLE NO. 1408866 MH O MANHOLE 9q0 �� 9 1 1.41 O-VO TO 24" MAPLE 939 That part of Government Lot 6, Section 22, Township 117, PP 0 POWER POLE DAT 9 LITE^ 9� 9R OAF a V S o o I X937.50 93 .50X 21" MAPLE g38 I 18" MAP Range 23 West, described as follows: Beginning at the / g X60 � X937.32 21" MAPLE 12" MA LE s 39 intersection of the East line extended of Recreation Point EM ❑E ELECTRIC METER CO o CLEAN OUT O� os � 941 8 18" MAPL 2p s8 °p9SpNo ,, �` 9" LINDEN X937.67 ° - , , � 85,85 s3� !� ;, ,x I (now vacated) with the shore of Lake Minnetonka; thence Westerly and Southerly along the shore line of said lake, o �O - o - OH - OVERHEAD UTILITY LINES � DENOTES DIMENSION �i ROOF PEAK o �o ^ y � OVERHANG 9 1.73 J� ELEV.= o"ay o \ � O o 7R o PROPOSE BASEMENT Rp 0 M m 7 ' OHW SETBACK I ` -' I N r `, ' 93) cn 1 1' I I I to its intersection with the Souther) line extended of y Lot H, said addition, vacated; thence Southeasterly through a Dint marked with a judicial monument distant (M) MEASURED DURING THE / COURSE OF THIS SURVEY 942 g�Z 7R33 �Z4v,' FLOOR O� ^ FLEv.=937.29 ADDITION - ' X936.28 ° GARAGE �- 12" OAK I' ° 938 18" f APLE 12" MAPLE 165 feet from the Southeast corner Of said Lot H along / i 710 BIG ISLAND ^ �i �. �� s3 _,- �- ', 261.56 w I the Southerly line thereof, to the Southeast corner thereof, is b DENOTES RECORD (R) DIMENSION AS PER PLAT SHORELINE - E R ���o / X36 p 2 STORY FRA RESIDENCE ti� O ZAP \ �- 938 ^ , �`� I 936 m 9" LINDEN w 18" LINDEN which corner marked y judicial monument; thence Southeasterlyin a straight line to the g AND LEGAL DESCRIPTION O D 943 o FOOTPRINT AREA�454 SQ. FT. 3 `' 15" OAK 35.89 I (01 /21/2o1s) Io o g _ o 12" PLE B .44 � � I c co so.os ,�� � Southwesterly corner of Lot T of said addition, vacated, AREAS OF PROPOSED ro 9 1.) CONSTRUCTION \ \ m \ 9" AK I rn w 9" LINDEN I I which corner IS marked by a judicial monument; thence Easterly along the Southerly line of said Lot T to the ' I RS moo, 940 I a ro °' 71 944 943.61 \ 90 I x937.s3 30" MAPLE X937.53 ° 937.64X I X937.48 Southeast corner thereof, which corner is marked by a M h •� M rPROPO LL O L 942.3 BUILD�II G 1 1 9" BOXELD R 12" LI DEN I EAST LINE OF RECREATION I judicial monument; thence North along the East line of 15" MAPLE �a CO ADDITION 9" MAPLE 18" OAK � 112" LINDEN 2-12" POINT (VACATED) I WIRE Said addition, vacated, through a point marked With a judicial monument distant 320 feet from said Southeast °� ° 945\ 9R3 \ I 9R2 � LAI° 9' RU E LINDEN ° I L2-12"INDEN I I I i 00 FENCE corner of said Lot T, tO the point of beginning. NOTE: ONLY TREES IN DIAMETER RARE THAN 942.53 oAPLE \ EM `- ,57" 9 3.14 SHOWN HEREON I y X942.72 S) 12" MAP o� X937.20 0 12" MAPLE M`O o AREA SUMMARY � rn 4-0009 942.38 o OMH FENC POSTS ° o FENCE PASTS &Z SUBJECT PROPERTY = ±103,738 SQ. FT. OR ±2.38 ACRES 946 .,o PID 2-117-23- \ ELEVATED (�j�� WATER ,93 � � ° ® 27" MAPLE e ° o W I oY `j i (TO ORDINARY HIGH WATER LEVEL) ZONING REQUIREMENTS / TANK �� X9 .82 o" MA LE \ 9 43 15" LINDEN ° S9 ° � I 12" MAPL 9Ro 12" LINDEN " LIND - w� M ` EXISTING HOUSE FOOTPRINT = 1,454 SQ. FT. tea° 9" LINDEN ZONED RS -SEASONAL RECREATIONAL DISTRICT / SOUTHERLY ° SUBJECT TO FLOODPLAIN MANAGEMENT / % \ \ LINE OF / 21" DEAD SUBJECT TO SHORELAND OVERLAY DISTRICT LOTH MAPLE 12" DEAD I X937.48 I 935 ►') M ° I v� "DEAD 937.25X O I� rn o -- � �w ca N RECONSTRUCTED WOOD PORCH &STEPS = 522 SQ. FT. 4 SEASON PORCH = 158 SQ. FT. FOUND \ g�O \ " ° I I -- N M (V` CELLAR BULKHEAD = 64 SQ. FT. MINIMUM LOT AREA - 5 ACRES JUDICIAL ° MAPLE MONUMENT \ \ 9" OAK �0 9A� x� 5"&270" LIN EN 935 N O of a o EXISTING SHED FOOTPRINT = 54 SQ. FT. MINIMUM LOT WIDTH - 200 FEET \ \ \ \ \/ cT 21 OD EXISTING STONE WALL (SEPTIC) = 44 SQ. FT. MAXIMUM HARDCOVER - 25% OF GROSS LAND AREA (TIER 1) \ .? U 9 ` ',; I< 21"0 $H I EXISTING STONE STEPS (SHORE) = 72 SQ. FT. MAXIMUM HEIGHT - 2.5 STORIES OR 30 FEET\ \ ga�O \ S0 F I 21" MAPLE S 24" MAPLE 9RS 9 BO LDER 94B I I EXISTING BOULDER WALLS (SHORE) = 278 SQ. FT. BUILDING SETBACKS: S R s . �°' ° F qC 9 / SEP ° _w oCLEAN uTs o 1"o 93 I EXISTING STONE WALLS (SHORE) = 73 SQ. FT. SIDE - 50 FEET00, �6 30" MAPLE 12" MAP 6 I EXISTING LAKESIDE CANOPY (SHORE) = 275 SQ. FT. ORDINARY HIGH WATER LEVEL - 75 FEET 0A !2 30' �6S o - 21" MAPL EXISTING FIRE BOX (SHORE) = 14 SQ. FT. ACCESSORY STRUCTURES: �� MJ\ 945 �� I GARAGE = 936 SQ. FT. NO ACCESSORY BUILDING OR STRUCTURE IN AN R DISTRICT SHALL EXCEED THE HEIGHT 93 II o � 1 i PROPOSED BUILDING ADDITION = 85 SQ. FT. OF THE PRINCIPAL BUILDING, NOR SHALL \ LINDI Q ANY ACCESSORY BUILDING OR STRUCTURE NOTE: OWNER AND ARCHITECT TO VERIFY EXCEED 30 FEET IN HEIGHT ALL ZONING & SETBACK REQUIREMENTS \o 15" LINDEN 938 I PROPOSED 4 SEASON PORCH ADDITION = 89 SQ. FT. NO ACCESSORY BUILDING OR STRUCTURE, WITH THE CITY OF ORONO PRIOR TO DESIGN OR CONSTRUCTION. INFORMATION 46 \ 9 ° I 12' MAPLE SEP ° UNLESS AN INTEGRAL PART OF THE PRINCIPAL BUILDING, SHALL BE ERECTED, SHOWN HEREON IS THE BEST AVAILABLE \ gA� \ 9" MAPLE sA) CLEA OUTS I TOTAL PROPOSED IMPERVIOUS SURFACE COVERAGE _ ALTERED OR MOVED WITHIN 10 FEET OF THE AT THE TIME OF THIS SURVEY \ 0 o I 27" APLE 4,118 SQ. FT. PRINCIPAL BUILDING, NOR WITHIN 10 FEET \ \ 9�a ° (4.0% OF PROPERTY AREA TO ORDINARY OF ANOTHER ACCESSORY STRUCTURE \ \ SO T 24" MAPLE 15" MAP o I HIGH WATER LEVEL) NOT MORE THAN TWO ACCESSORY BUILDINGS USED FOR STORAGE, SERVICE OR OTHER \ \ CORNER 0 949 \ p 30" MA LE i°�� 9" MAPLE NONHABITABLE PURPOSE. NO SUCH \ \ LOT H o ONE O I INDIVIDUAL BUILDING SHALL EXCEED 1,000 SQ. FT. IN FLOOR AREA, AND THE \ \ \ 980 24" MAPLE ° RE TING o 1 MAP \ 15" MAPLE WALL SEPTIC NOTE: TOTAL IMPERVIOUS SURFACE COVERAGE PRIOR TO RENOVATIONS = SUM OF ANY TWO BUILDINGS ON ANY RECORD LOT SHALL NOT EXCEED \ ANOUT _1 I I 2,959 SQ. FT. (2.9% OF PROPERTY AREA TO ORDINARY HIGH WATER LEVEL) 1,500 SQ. FT. IN FLOOR AREA \ \ o do EP11 9" MAPL ° �� o 3$ 15"° p0 g g IMPERVIOUS SURFACE COVERAGE WITHIN (AS PER CITY OF ORONO ZONING CODE) \ m� LEA OUT I 75' OF ORDINARY HIGH WATER LEVEL \ SEPTIC 9 to FOUND ACCESS Q 27" MA LE In 9" MAP E i '9 � � � EXISTING STONE STEPS (SHORE) = 72 SQ. FT. ) JUDICIAL \ \ SEP C ° a EXISTING BOULDER WALLS (SHORE) = 278 SQ. FT. R MONUMENTCLE A OUTo 12" MAPLE �� �_ I EXISTING STONE WALLS (SHORE) = 73 SQ. FT. ti L K r ■ _ ___ =, i i �-- - `" - �- ' , - I - I� _ \ \ �s 18" MAPLE M s3 > 27" PLE o CO 12" MAPLE o I EXISTING LAKESIDE CANOPY (SHORE) = 275 SQ. FT. EXISTING FIRE BOX (SHORE) = 14 SQ. FT. TOTAL = 712 SQ. FT. • `r3 •'%/,s p1 \ ° ° I h ' OwNER:2 RECREATION p 008 rn rn �� 47j g� I ` ! r POINT �Lc of IMPERVIOUS SURFACE COVERAGE BEYOND -. VIEW OF SUBJECT PROPERTY FROM LAKE MINNETONKA Ao12" B ELDER 75' OF ORDINARY HIGH WATER LEVEL 33" PLE,' 12 MAPLE y° -r WIRE 30" MAP g� ENC AREA OF PROPERTY BEYOND 75' OF OHW = ±63,746 SQ. FT. D#t1#1n�tC► i D ■ lHi4" Int Yd; " "DED MA LE ERLY I EXISTING HOUSE FOOTPRINT = 1,454 SQ. FT. W1OOD CH &STEPS = 522 SQ. FT. A _ ��� '- ti 4C r 2 CORNER 0 M PLE o CORNER OF OTT 0 � SCREEN PORCRECONSTRUCTEH 58 SQ. FT. SI-TIEN :{ r:»�I :•? f 21" PL 93) SOUTHE Y o I EXISTING SHED FOOTPRINT 54 SQ FT EXISTING STONE WALL (SEPTIC) _ 44 SQ FT _,.� � ..� v i I 5 � \ K 1 ` I`• 'W P I YAY{} * -y +^ y'; i.- LOT OF UN g� pV y ICTAL LO o 24" M PLE ° 21" MAPLE GARAGE = 936 SQ. FT. PROPOSED BUILDING ADDITION = 88 SQ. FT. PROPOSED SCREEN PORCH ADDITION = 121 SQ. FT. �I _ I MO UMENT 938 • s o = L�2 O v� SOUTHEAST hl ` / I'�� �4 _ E g3 (� CORNER TOTAL = 3,377 SQ. FT. (5.3% OF PROPERTY AREA BEYOND 75') p I ILD` 1 s 70 s� ..' �•_-r. _ t:�, ._ = ' k +; d �� `�',.: } :t -i-, \� '' , •' -� ` '��� i sig ,,' iiu Bus Y:�;IlAdt9 " ®� __- --� ` 9 151 )_ - 940 OF LOT T PREPARED FOR: CHRISTOPHER & LESLIE NEUGENT ARCHITECT: 1 2110 PORTICO GREEN DALE MULFINGER, FAIA -� f" 947 JUO ICIAL T NUMENI WAYZATA, MINNESOTA 55391 SALA ARCHITECTS, INC. 326 EAST HENNEPIN AVENUE, SUITE 200 --�_.___ MINNEAPOLIS, MINNESOTA 55414 C : ,o f ��o _ ����IIIIIIIVI id141El1i i ray _ II illllllllIIIII IIIIIIIIIIII. qu612-379-0001 � o 612-379-3037 FAX '.`�• ` = X. + I �> �� ����11///'' CERTIFICATION Pp r�, j FLOODPLAIN NOTE:�OF MINT �I� I HEREBY CERTIFY THAT THIS SURVEY, PLAN, VICINITY MAP SOUTHWESTERLY SIDE OF 710 BIG ISLAND SUBJECT PROPERTY LIES WITHIN FLOOD ZONES "AE" y - „ (SPECIAL FLOOD HAZARD AREAS SUBJECT TO /. BY THE CHANCE FLOOD; o I N o �::' S OR REPORT WAS PREPARED BY ME OR �� �� UNDER MY DIRECT SUPERVISION AND THAT ,r\:: h P OFESS1 (NO SCALE) CITY OF ORONO, HENNEPIN COUNTY, MINNESOTA 1- . INUNDATION 1% ANNUAL BASE FLOOD ELEVATIONS DETERMINED) AND "x" I N i I AM A DULY LICENSED PROFESSION L LAND LA D SURV OR SURVEYOR UNDER THE LAWS OF TH STATE (AREAS DETERMINED TO BE OUTSIDE THE 0.2% I - - OF MINNESOTA. ANNUAL CHANCE FLOODPLAIN) ACCORDING TO THE FEDERAL EMERGENCY MANAGEMENT AGENCY FLOOD INSURANCE RATE MAP COMMUNITY PANEL NUMBER I - 84 7 j C", E R T I F 1("�` A T E OF S 27053C-0312 E, DATED SEPTEMBER 2, 2004, CFLOOD AIS ID.... MINNESOTA ENT ��'D�D. K�,�.�``� MARK D. KEMPER, PLS 18407 SHED (HENNEPIN THE BASE ELEVATION SHOWN TO BE + OF TRANSPORTATION �r�l//11 VIEW OF LAKE MINNETONKA FROM SUBJECT PROPERTY 931 NGVD 29) STATION "SHORE 1990" " ,���� 15312 (15312AR5.DWG) D.B. TODD HOLEN REVISED PROPOSED ADDITIONS 12/13/2017 DATED THIS 13TH DAY OF DECEMBER. 2017 KEMPER & ASSOCIATES, INC. �NZ m hoc DOM z DA -I <nn z0D o)nci tozz w m �- 'om �z 0 $D _ CD MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, November 20, 2017 6:30 o'clock p.m. 4. LA18-000004 GATES GENERAL CONTRACTORS, INC., 710 BIG ISLAND, VARIANCES, 7:39 P.M.— 7:44 P.M. Chris Neugent, Gates General Contractors, was present. Curtis noted in 2016 variances were granted to the property permitting additions to an existing cabin on the property which had been reconstructed from an old historic footprint. The property owners are now requesting an average lakeshore setback variance to permit enlargement of two additional areas of the cabin. The enlargements include an 89 square foot screen porch expansion and an 85 square foot mudroom addition. Due to the property's orientation and the relationship spatially to the two adjacent Lakeshore lots, the entire property is lakeward of the average lakeshore setback line with no legal buildable area. Staff finds practical difficulties inherent to the point -like nature of the lot and support granting the variance to the average lakeshore setback. Hardcover and structural coverage are not issues. Curtis stated no public comments have been received. Thiesse commented he believes the last time the applicants were here they wanted to encroach into the 0-75 foot area and the Planning Commission did not recommend that. Curtis indicated that is correct. Chris Neugent, Gates General Contractors, stated he had nothing to add to Staff's report. Chair Thiesse opened the public hearing at 7:43 p.m. There were no public comments regarding this application. Chair Thiesse closed the public hearing at 7:43 p.m. Thiesse commented the application is fairly straight forward. MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, November 20, 2017 6:30 o'clock p.m. Landgraver concurred that it is fairly straight forward and they are not proposing huge additions. Landgraver stated he is in favor of the application. Leskinen moved, Schoenzeit seconded, to recommend approval of Application No. LAI 8-000004, Gates General Contractors, Inc., 710 Big Island, granting of average lakeshore setback variances. VOTE: Ayes 5, Nays 0. From: Brian Dahl To: Melanie Curtis Subject: Fwd: Nugents addition Date: Wednesday, February 21, 2018 8:27:31 AM Melanie, Thanks again for leading us last night. Please find attached an email in support of the project. Respectfully, Brian Sent from my iPhone Begin forwarded message: From: janie hill <janieahilln.umail.com> Date: February 20, 2018 at 7:59:30 PM CST To: brian& gates generalcontractors.com Subject: Nugents addition To Whom it May Concern, Chris and Leslie Nugent are my next door neighbors on Big Island, Lake Minnetonka. I have enjoyed getting to know them over the past two years and cannot think of better people to have as friends/neighbors. My cabin family and I are thrilled that they purchased the property. Their home on the island has been beautifully designed to recreate the original property from the early 1900's. It fits in so well with the island's historic connection. I know that they are currently remodeling parts of the interior to better fit the needs of their family. They are also hoping to extend the 4 season porch and add a mud room. I am certain that any changes that they would do to the cabin would be done in great taste and would only add to the overall aesthetic beauty of the home. As the Nugent's island neighbor, I would be in complete support of any external changes that they would like to have done. Sincerely, Janie Hill Property owner 700 Big Island Sent from my iPad Date Application Received: 12/29/17 Date Application Considered as Complete: 01/17/18 60 -Day Review Period Expires: 03/18/18 To: Chair Thiesse and Planning Commission Members Dustin Rief, City Administrator From: Melanie Curtis, Planner h'1GG Date: 20 February 2018 Subject: #LA18-000004, Gates General Contractors o/b/o Chris & Leslie Neugent, 710 Big Island Variances Public Hearing Application Summary: The applicant is requesting average lakeshore setback variances to make modifications to the existing cabin. Staff Recommendation: Planning Department Staff recommends approval. Background Variances were granted in 2016 (File 16-3618) permitting additions to an existing cabin on the property. The property owners have reevaluated their space needs and are requesting an average lakeshore setback variance to permit enlargement of two areas of the cabin; the screen porch expansion is 89 square feet and the mudroom expansion is 85 square feet. LOT ANALYSIS WORKSHEET Section 78-570 & 78-1279 - Setbacks: RS DISTRICT Required Existing Proposed South Side 50' 81.7' Cabin = No Change East Side 50' ±250' Cabin = 261' Lakeshore 75' Cabin (screen porch) = 75' Cabin (screen porch) = 75' Average Lakeshore The entire property is located lakeward of the average lakeshore setback line determined by the properties at 700 Big Island and 720 Big Island. Section 78-1403- Structural Coverage: This property exceeds 1.99 acres therefore is not subject to the 20% structural coverage limitation. Section 78-1700 -Hardcover Calculations: Stormwater Total Area in Allowed Existing Proposed Overlay District Zone Hardcover Hardcover Hardcover Tier 25,934 s.f. 2,275 s.f. 3,673 s.f. Tier 1 103,738 s.f. (25 %) (2.2%) (3.5%) FILE #LA18-000004 20 Feb 2018 Page 2 of 4 Applicable Regulations: Average Lakeshore Setback Variance (Section 78-1279) The property is situated on the northwestern -most point of Mahpiyaha Island, the western island portion of Big Island. Due to the property's orientation and the relationship spatially to the two adjacent lakeshore lots (and cabins) the entire property is lakeward of the average lakeshore setback line with no legal buildable area. The applicant's proposal includes construction of additions to the existing cabin. There are many mature trees and between 250 and 500 feet of separation between the project areas and the adjacent cabins on 700 and 720 Big Island. Governing Regulation: Variance (Section 78-123) In reviewing applications for variance, the Planning Commission shall consider the effect of the proposed variance upon the health, safety and welfare of the community, existing and anticipated traffic conditions, light and air, danger of fire, risk to the public safety, and the effect on values of property in the surrounding area. The Planning Commission shall consider recommending approval for variances from the literal provisions of the Zoning Code in instances where their strict enforcement would cause practical difficulties because of circumstances unique to the individual property under consideration, and shall recommend approval only when it is demonstrated that such actions will be in keeping with the spirit and intent of the Orono Zoning Code. Economic considerations alone do not constitute practical difficulties. Practical difficulties also include but are not limited to inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth -sheltered construction as defined in Minn. Stat. § 216C.06, subd. 2, when in harmony with this chapter. The board or the council may not permit as a variance any use that is not permitted under this chapter for property in the zone where the affected person's land is located. The board or council may permit as a variance the temporary use of a one -family dwelling as a two-family dwelling. According to MN §462.537 Subd. 6(2) variances shall only be permitted when: 1. The variance is in harmony with the general intent and purpose of the Ordinance. The variances are minimal and generally consistent with the intent of the ordinance. This criterion is met. 2. The variance is consistent with the comprehensive plan. The requested variances are consistent with the residential goals within the comprehensive plan. This criterion is met. 3. The applicant establishes that there are practical difficulties. a. The property owner proposes to use the property in a reasonable manner not permitted by the official controls; The minimal additions to the cabin are reasonable on this wooded, 2+ acre residential property. This criterion is met. b. There are circumstances unique to the property not created by the landowner; The property's orientation at the point of the island; the separation between the subject cabin and the neighboring cabins; the existing tree stands combined with the elevation and setback of the existing cabin on the property in relation to the lake result in a unique circumstance allowing for a the cabin additions to be almost completely screened from views off the property; and c. The variance will not alter the essential character of the locality. The cabin additions will be screened adequately year-round, will be keeping with the style of the cabin, and will screened from views from off of the property. This condition is met. FILE #LA18-000004 20 Feb 2018 Page 3 of 4 Additionally City Code 78-123 provides additional parameters within which a variance may be granted as follows: 4. Economic considerations alone do not constitute practical difficulties. Economic considerations have not been a factor in the variance approval determination. 5. Practical difficulties also include but are not limited to inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth -sheltered construction as defined in Minn. Stat. § 216C.06, subd. 2, when in harmony with Orono City Code Chapter 78. This condition is not applicable. 6. The board or the council may not permit as a variance any use that is not permitted under Orono City Code Chapter 78 for property in the zone where the affected person's land is located. This condition is not applicable, as the use for a residential cabin is an allowed use in the RS District. This criterion is met. 7. The board or council may permit as a variance the temporary use of a one -family dwelling as a two-family dwelling. This condition is not applicable. 8. The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property. The property is an existing lot of record and contains a large number of mature trees for screening. The topography of the property increases as it moves away from the lake and the owner feels the proposed additions to the cabin are logical and will not adversely impact adjacent properties. 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 property is situated at the northwestern most point of the island. The applicant's proposal does not appear to be out of character with the area. 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. This statement is true. 11. The granting of the proposed variance will not in any way impair health, safety, comfort or morals, or in any other respect be contrary to the intent of this chapter. The proposed cabin additions will not impair the health, safety, comfort or morals of the public. This criterion is met. 12. The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty. This statement is true. The Commission may recommend or Council may impose conditions in granting of variances. Any conditions imposed must be directly related to and must bear a rough proportionality to the impact created by the variance. No variance shall be granted or changed beyond the use permitted in this chapter in the district where such land is located. Practical Difficulties Statement Applicant has completed the Practical Difficulties Documentation Form attached as Exhibit B, and should be asked for additional testimony regarding the application. Practical Difficulties Analysis Staff finds due to the nature of the lot at the point of the island there are practical difficulties supporting granting the average lakeshore setback variances for the cabin. The applicant's desire to utilize the existing footings from the old cabin is consistent with the previous owner's plan to keep to the historic footprint of the cabin. The location of the existing cabin situated right at the lake setback on the north side may serve as a practical difficulty for the owner. FILE #LA18-000004 20 Feb 2018 Page 4 of 4 Public Comments To date, no public comments have been received. Issues for Consideration 1. Does the Planning Commission find that that the property owner proposes to use the property in a reasonable manner which is not permitted by an official control? 2. Does the Planning Commission find that the variance(s), if granted, will not alter the essential character of the neighborhood? 3. Does the Commission find it necessary to impose conditions in order to mitigate the impacts created by the granting of the requested variance(s)? 4. Are there any other issues or concerns with this application? Planning Staff Recommendation Staff recommends approval. List of Exhibits Exhibit A. Application Exhibit B. Practical Difficulties Documentation Form Exhibit C. Existing & Proposed Survey Exhibit D. Proposed Plans and Elevations Exhibit E. Resolution 6627 Exhibit F. Property Owners List Exhibit G. Plat Map AGENDA ITEM Item No.: 11 Date: March 12, 2018 Item Description: #LA18-00006 — Elevation Homes o/b/o Whitetail II, 1390 Fox Street, Variance — Resolution Presenter: Laura Oakden, Agenda Consent Agenda City Planner Section: 1. Purpose. This application is requesting a variance for lot area and lot width in the RR -1B zoning district. 2. 15.99 Deadline. A complete application was submitted February 2, 2018. This application will expire April 3rd, 2018. 3. Background/ Summary. The applicant is requesting a lot area and lot width variance to construct a single family home on a non -conforming lot of record. Non -conforming lots of record may be improved, but are limited to 25% hardcover. Based on the distance from the lake and located in Stormwater Quality Tier 3 this lot, if conforming, would be permitted 35% hardcover. The lot was part of a plat that was recorded in 1887 before the RR -1B zoning district was implemented. 4. Planning Commission Vote. On February 12, 2018 the Planning Commission opened a public hearing and reviewed the application. The Commission voted unanimously on a motion to approve the variance request. 5. Public Comment. No public comment was received. 6. Staff Recommendation. Staff recommend approval of the request for a lot area and lot width variance. COUNCIL ACTION REQUESTED Motion to adopt or amend the approval resolution Exhibits Exhibit A. Draft Resolution Exhibit B. Survey and Plans Exhibit C. Draft PC Minutes Exhibit D. PC Staff Report References PC Exhibits Exhibit A. Practical Difficulties Documentation Form Exhibit B. Existing & Proposed Survey/Site Plan Exhibit C. Proposed Plans and Elevations Exhibit D. Submitted Hardcover Calculations Exhibit E. Project Narrative Exhibit F. Property Owners List and Map Prepared By: LLO Reviewed By: J. Barnhart Approved By: .1J)96Z CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. A RESOLUTION APPROVING A VARIANCE FROM MUNICIPAL ZONING CODE SECTION 78-420 FILE NO. LA18-000006 WHEREAS, on February 2, 2018, Elevation Homes o/b/o Whitehall II ("Applicants"), submitted a complete application for a variance from the City Code for the property addressed 1390 Fox Street and legally described as: Lots 13,14 and 15, Block 13, "Minnetonka Bluffs." Per Certificate of Title, Certificate Number: 1011240 And That part of the vacated alley accruing thereto per City of Orono Resolution of the City Council No. 5514, Doc No. A9754840 (The vacated alley shown hereon has been added to the Certificate of Title at this time.) (hereinafter the "Property"); WHEREAS, the Applicants have made application to the City of Orono for a variance to Orono Municipal Zoning Code Section 78-420 to allow a new single family home on a lot of record; and WHEREAS, on February 20, 2018, after published and mailed notice in accordance with Minnesota Statutes and the City Code, the City Council held a public hearing, at which time all persons desiring to be heard concerning this application were given the opportunity to speak thereon; and WHEREAS, on February 20, 2018, the Planning Commission recommended approval of the variance; and WHEREAS, on March 12, 2018 the City Council reviewed the application and the recommendations of the Planning Commission and City staff; and NOW, THEREFORE, BE IT RESOLVED that the City Council of Orono, Minnesota hereby approves] the requested variance as described above based on one or more of the following findings of fact concerning the Property: FINDINGS OF FACT: 1. This application was reviewed as Zoning File #LA18-000006. 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. CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 2. The Property is located in the RR -1 B Zoning District. 3. The Property contains 0.46 acres in area and has a defined lot width of 133 feet. 4. The Property is within Tier 3 and hardcover is limited to 35 % according to the Stormwater Quality Overlay District. 5. Applicant has applied for the following variance[s]: a. Lot Area b. Lot Width 6. In considering this application for variance, the Council has considered the advice and recommendation of the Planning Commission and the effect of the proposed variance upon the health, safety and welfare of the community, existing and anticipated traffic conditions, light and air, danger of fire, risk to the public safety, and the effect on values of property in the surrounding area. ANALYSIS: 1. "Variances shall only be permitted when they are in harmony with the general purposes and intent of the ordinance ...." Single family residences are a permitted use within the RR - 1B zoning district. 2. "Variances shall only be permitted . . . when the variances are consistent with the comprehensive plan." The residential principal structure and associated amenities are residential uses which are consistent with the comprehensive plan guiding of this and surrounding properties for residential use. 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 property owner is proposing to use the property in a reasonable manner but the size of the lot is below the minimum lot size standards of the Zoning Code. b. The plight of the landowner is due to circumstances unique to his property not created by the landowner. 2 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. The plight of the property owner is due to the existing substandard lot size, which is a result of the property being platted as part of the 'Minnetonka Bluffs' subdivision in 1887, long before local zoning codes were in effect; and c. The variance, if granted, will not alter the essential character of the locality. " The 'Minnetonka Bluffs' neighborhood consists of 50 foot lots but most have been combined so most lots range from 100-200 feet in width and ranging in depth. Over time a majority of these lots have each been developed for individual homes. In the opinion of staff, a single family residence and associated amenities on a single lot in this neighborhood will not be inconsistent with the character of the surrounding neighborhood. 4. "Economic considerations alone do not constitute practical difficulties." Economic considerations have not been a factor in the variance approval determination. 5. "Practical difficulties also include but are not limited to inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth -sheltered construction as defined in Minn. Stat. § 216C.06, subd. 2, when in harmony with Orono City Code Chapter 78." This condition is not applicable. 6. "The board or the council may not permit as a variance any use that is not permitted under Orono City Code Chapter 78 for property in the zone where the affected person's land is located." This condition is not applicable, as the use for a single family home is an allowed use in the RR -113 District. 7. "The board or council may permit as a variance the temporary use of a one -family dwelling as a two-family dwelling." This condition is not applicable. 8. "The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property." . The lot area, lot width, setback, hardcover and lot coverage standards applying to this property are similar to those of other properties in the neighborhood, and there are many similar sized developed lots in the neighborhood. 9. "The conditions do not apply generally to other land or structures in the district in which the land is located." The standards applicable to this property apply to all other property in the neighborhood; however, in order to be allowed the 35% hardcover that other developed similar -sized lots are afforded, a variance to lot area and width is required. CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 10. "The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant." In the opinion of staff, the property rights of the owner will be diminished if the lot area and lot width variances are not granted, as the new residence would not be able to have the 35% hardcover that neighboring similar -sized lots are allowed. 11. "The granting of the proposed variance will not in any way impair health, safety, comfort or morals, or in any other respect be contrary to the intent of this chapter." Granting of the area and width variances would not impair health, safety, comfort or morals and would not be contrary the intent of the zoning code. 12. "The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty." In the opinion of staff, granting of the lot area and lot width variances will alleviate a practical difficulty by allowing the property to be developed under the same hardcover and structural coverage allowances as other similar -sized developed lots in the neighborhood. CONCLUSIONS, ORDER AND CONDITIONS: Based upon one or more of the above findings, the Orono City Council hereby grants a variance to Orono Municipal Zoning Code Section 78-420 to allow a single family home, subject to the following conditions: 1. Council approval is based on the entire record, above Findings. 2. The proposed project must not exceed 35% hardcover following the Tier 3 Storm Water Quailty District regulations. 3. The approved project shall conform to the survey dated 1/22/2018 and building plans submitted by the Applicants and annotated by City staff, attached to this Resolution as Exhibit A. 4. Any amendments to the plans which are not in conformity with City codes may require further Planning Commission and City Council review. 5. 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 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. completed within one year of the date of Council approval, or the variance will expire on that date (March 12, 2019). 6. 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 12 day of March, 2018. 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BY DATE DH, MD 1 EMW 7/14/2017 DRAWN 2 BRV 1/18/2018 DBP, JJA/BRV 3 BRV 1/22/2018 CHECKED Good 1 14 JJA 1771 Arborvitae 2.5 DATE 1 14 06/16/2017 Arborvitae 4.0 Good I-, \ 1\ 1 1 1 \/ I I I I I r) I\ I I\ A F1 F-\ I T I n IN I \J I N I L_ I FA I L- L_ / I N LJ /-\ L) LJ I I I \J I N I, 2'/- X i I X Fence ties are shown on the o .S I W .S side of the boundary line that mei xt� J the fence is located on. I 4'/ X 67. DESCRIPTION OF PROPERTY SURVEYED Lots 13, 14 and 15, Block 13, "MINNETONKA BLUFFS." per Certificate of Title, Certificate Number: 1011240 And That part of the vacated alley accruing thereto per City of Orono Resolution of the City Council No. 5514, Doc. No. A9754840 (The vacated alley shown hereon has not been added to the Certificate of Title at this time.) 1) Site Address: 1390 Fox St, Orono, Minnesota, 55391. 2) Flood Zone Information: This property appears to lie in Zone X (area determined to be outside the 0.2% annual floodplain) per Flood Insurance Rate Map, Panel No. 27053C0308F, effective date of 11/4/2016. 3) Parcel Area Information: Gross Area: 20,060 s.f. - 0.461 acres 4) Benchmark: Elevations are based on the sanitary manhole rim elevation in the NE portion of the subject property which has an elevation of: 955.98 feet (NAVD88). 5) Zoning Information: The current Zoning for the subject property is RR -1B (One Family Rural District - 2 Acres) per the City of Orono's zoning map dated September 2016, and Storm Water Quality Overlay District Tier 3. The setback, height, and floor space area restrictions for said zoning designation were obtained from the City of Orono found on their web site on the date of June 16, 2017 and are as follows: Structure Setbacks - Front: 50 feet Side: 30 feet Rear: 50 feet Height: 30 feet Hardcover: 35 percent of lot area (Tier 3) Please note that the general restrictions for the subject property may have been amended through a city process. We could be unaware of such amendments if they are not in a recorded document provided to us. We recommend that a zoning letter be obtained from the Zoning Administrator for the current restrictions for this site. 6) Utilities: We have shown the location of utilities on the surveyed property by observed evidence only. There may be underground utilities encumbering the subject property we are unaware. Please note that we have not placed a Gopher State One Call for this survey. There may or may not be underground utilities in the mapped area, therefore extreme caution must be exercise before any excavation takes place on or near this site. Before digging, you are required by law to notify Gopher State One Call at least 48 hours in advance at 651/454-0002. 7) An Existing Conditions/Proposed Conditions "City of Orono Hardcover Worksheet" has been completed and should be referred to for hardcover information. Proposed Elevations( Final Plans Not Provided Proposed Garage Floor Elevation = 968.0 Proposed First Floor Elevation = 968.5 Proposed Top of Foundation Elevation = 968.0 Proposed Lookout Opening Elevation = 960.7 Proposed Basement Floor Elevation = 957.5 TREESURVEY Tree # Species DBH Condition Stems Height Notes 1753 Maple, sugar 32.0 Poor 1 split 1770 Arborvitae 5.0 Good 1 14 1771 Arborvitae 2.5 Good 1 14 1772 Arborvitae 4.0 Good 1 14 1773 Arborvitae 3.0 Good 1 13 1774 Arborvitae 5.0 Good 1 14 1775 Arborvitae 5.0 Good 1 14 1776 Arborvitae 5.0 Good 1 14 1777 Arborvitae 5.0 Good 1 14 1778 Arborvitae 5.0 Good 1 14 1779 Arborvitae 5.0 Good 1 14 1780 Arborvitae 5.0 Good 1 14 1781 Arborvitae 5.0 Good 1 14 1782 Arborvitae 5.0 Good 1 14 1783 Arborvitae 5.0 Good 1 14 1784 Arborvitae 5.0 Good 1 14 1785 Arborvitae 5.0 Good 1 14 1786 Arborvitae 5.0 Good 1 12 1787 Arborvitae 5.0 Good 1 12 F1 I=) A /1 N I F- I I I I I I r-) N I n A F1 F1 I T I /1 N I LJI\/-\\7UINI L F]IL_L_ LINO /-\UUI I I�/IN SURVEY LEGEND CAST IRON MONUMENT WOE WALKOUT ELEVATIONBITUMINOUS ...................:.: . M CATCH BASIN FEE FIRST FLOOR ELEVATION -s BUILDING SETBACK LINE a FLARED END SECTION GFE GARAGE FLOOR ELEVATION CTv CABLE TV (X GATE VALVE TOF TOP OF FOUNDATION ELEV. CONCRETE CURB < GUY WIRE LOE LOWEST OPENING ELEV. CONCRETE HYDRANT I] CABLE TV PEDESTAL - 960 _ CONTOUR EXISTING O SURVEY MONUMENT SET ❑E ELECTRIC TRANSFORMER sso CONTOUR PROPOSED V O ELECTRIC MANHOLE o 0 ea. • SURVEY MONUMENT FOUND - --�-�-�- GUARD RAIL J fo, I 0 SURVEY CONTROL POINT (E) ELECTRIC METER DT DRAIN TILE �ir�is wooa C © GAS METER ELC r LIGHT POLE ELECTRIC UNDERGROUND oiCKENSON 5T. w x� I O GAS VALVE -X-X- n��l N POWER POLE ❑H HAND HOLE FO FIBEROPTICUNDERGROUND p R1 N Fox sT. NE�� I �S SANITARY MANHOLE SOIL BORING GAS- O N SITE ogF`� GAS UNDERGROUND T O R SANITARY CLEANOUT orTONo TNaLE Ro y TREE CONIFEROUS OHU OVERHEAD UTILITY azsw w.--��.,�_ -o- SIGN S \ TREE DECIDUOUS ``- Bearings are based on the Hennepin County 972.5 GROUND ELEVATION """"""""" RAILROAD TRACKS `y C)5M- M Coordinate System (NAD 83 - 1986 adj.) C OO TELEPHONE MANHOLE > SANITARY SEWER A 1 TELEPHONE PEDESTAL A 0 STORM DRAIN STORM SEWER L T�ng 20 10 0 10 20 40 P STORM MANHOLE TEL TELEPHONE UNDERGROUND E LQke e.aw„s say 0_ -TRAFFIC SIGNAL �S YARD LIGHT Q UTILITY MANHOLE UTL UTILITY UNDERGROUND SCALE IN FEET D A/C UNIT REVISION I hereby certify that this survey, plan or report was prepared by me or under my direct supervision and that I am a duly Licensed TREE SURVEY CONVEYANCE OF INFORMATION) OF THIS PRODUCCTT IS y USE (INCLUDING COPYING, DISTRIBUTION, AND Land Surveyor under the laws of the State of Minnesota. PROPOSED CONDITIONS STRICTLY PROHIBITED WITHOUT SATHRE-BERGQUIST, INC.'s EXPRESS WRITTEN AUTHORIZATION. USE WITHOUT SAID Dated thi 19th day of e, 2017. REMOVED REF. POOL AND FRONT WALK AUTHORIZATION CONSTITUTES AN ILLEGITIMATE USE AND SHALL THEREBY INDEMNIFY SATHRE-BERGQUIST, INC. OF 1 ALL RESPONSIBILITY. SATHRE-BERGQUIST, INC. RESERVES THE RIGHT TO HOLD ANY ILLEGITIMATE USER OR PARTY 9.11 l) C LEGALLY RESPONSIBLE FOR DAMAGES OR LOSSES David B. Pemberton, PLS Minnesota License No. 40344 RESULTING FROM ILLEGITIMATE USE. pemberton@sathrc.com SATHRE-BERGQUIST, INC. 150 SOUTH BROADWAY WAYZATA, MN. 55391 (952) 476-6000 WWW.SATHRE.COM 0 WELL UTILITY PEDESTAL WATERMAIN TWP:117-RGE.23-SEC.02 FILE NO. Hennepin County CERTIFICATE OF SURVEY 99508-001 ORONO) MINNESOTA PREPARED FOR: I 1 WHITEHALL II, LLC 1 O O 0 01x 0 W 0o U) 0- 1 / 37„C:� ; O \ _ 1 1 I I 1 V I ^ , I ST'G TREE TO REMAIN / \ 1 I / \ I 1 I \ I \ I 1 I 1\ 1 \ 1 / / / / I / wz / 3�:; LU Ln LU QIw� ZI <r % I h — `_0 REMAIN I Ii i — ' E. 50” FNI \ / / / I E. 26" MP V j-----�y���---------- swig De k d 1 710 T8 t l U 19R L ne o� BIa V / p ® landin abv. x _ m '6. 1 7 „ g a 7 � 6 It �� 1 / �o^I 7.15 ea. 16'10 RC 1j2'2 J IICD10 01, % 12"T tyP. V 1 w.C.�l P dr. t y 3'0 X 5'9 4'7 X 5'9 Floor dr n Tran -4 bv. - - \/r -I L- I / ✓ EL. 9 .6' *90#x 3'w Dr. 3'w Dr. _ — i _ 3 T.OI SPBFLR.K y IA Se_rvice HallDn 17R@ -_ i 7 azxz6's% - Z 15"ea. 1 1� 2'T tvp. p - --- alo c.B.Lcab;aers -- U U.C. ��� -----k_""" EL.9 '6F G �� a o� Pantr�- -� 4._6• 5-' 4'-6' ir'� r --__n v�___rtieic Y iax4'9 �I � I �� i oa'eo. EL. 966' '' b / - i i 1i I � 11 ". W/o Coat all v 1 1 al ---------------- -7 I ° I Island - 6TIL 3� T i 6'x9'4 F =_ __ ,I 4- a-ff / m', a V a ivin Rm - nin1R Kitclmen1I �I — dei Gar o �, + -- 33'0 22'7 rr i I — I '10 X122' z a � i 21516'6 5 , 16'4 X A 10 3 -- -.c / --- _ I OWIIBr Ex. � --- -- i I I I \ �'i�'`' ining �Ta _Il<J- a=lars�l— -r- 2'---- --�-- —---------------- 10'3"L�i47" 4'-CLR — - - - I I 1 i i I i � r i/ z�i ---- --+-- ----- ^ ' ----- ----- -- -- ---- 0 3� m x /� Q (� Q d PancTed�C-0. P�ucicd C.O. Pancicd C.O. -. ... I % I / ve' LU I t I --- ---1 — J --/ \ - — — — Line of 1L --- roof above o _ - Q 29'F:' P-10• W I n W I - 5.6' StedPing / - N ELE. i ySt¢nes / - o> C) rn 4- T cr�ti - --- --------------------------------- ----- i o Fren h drs. CIVIL ELE. J IF01 FRO o \ I Efi EO EO ECi I EO \ — 1:1XIST. H0, IU4v 10' E. 40" — DEM — align w/Col. @ 2nd le el align w/Col. @ 2nd level at*. w/Col. C. 2nd level o _ \ I Frenc — _ Reflecting p o, I I L � I 1/ EX/ST'G TREES TO REMAIN 0 A 0 ; 0 I J-�------- ------------ --------- ARD BACK Q — 1 o Dr ve 18' Xve ----- � I align w/Col. @ 2nd level — — — — --- �I I I iI I i i l i <\ 20,060 S.F. MAXIMUM ALLOWABLE HARDCOVER: 35% 7,021 S.F. > i STRUCTURAL FOOTPRINT: 3,671 S.F. DRIVE W/ TURN-AROUND/PARKING: 1,709 S.F. < 468 S.F. B4 44 S.F. TREEI EDGQ I 5,892 S.F. REMAINING/AVAILABLE HARDCOVER: 1,129 S.F. / 4,012 S.F. PROPOSED STRUCTURAL FOOTPRINT: 3,671 S.F. AREA CALCULATIONS U MAIN LEVEL PLAN (STAIR INCLUDED): w FINISHED: 1,944 S.F. GARAGE: > I / < Line of r----—rooTabove-------------------�---- / (4) IA [ligb+ins-----�-- N}716 -----50' REA,RD SETBAEK ' SECOND LEVEL PLAN (DEDUCT STAIR): 4. DW i— y � / Wlnc \ ti -n Gr ll I Ii i — ' E. 50” FNI \ / / / I E. 26" MP V j-----�y���---------- swig De k d 1 710 T8 t l U 19R L ne o� BIa V / p ® landin abv. x _ m '6. 1 7 „ g a 7 � 6 It �� 1 / �o^I 7.15 ea. 16'10 RC 1j2'2 J IICD10 01, % 12"T tyP. V 1 w.C.�l P dr. t y 3'0 X 5'9 4'7 X 5'9 Floor dr n Tran -4 bv. - - \/r -I L- I / ✓ EL. 9 .6' *90#x 3'w Dr. 3'w Dr. _ — i _ 3 T.OI SPBFLR.K y IA Se_rvice HallDn 17R@ -_ i 7 azxz6's% - Z 15"ea. 1 1� 2'T tvp. p - --- alo c.B.Lcab;aers -- U U.C. ��� -----k_""" EL.9 '6F G �� a o� Pantr�- -� 4._6• 5-' 4'-6' ir'� r --__n v�___rtieic Y iax4'9 �I � I �� i oa'eo. EL. 966' '' b / - i i 1i I � 11 ". W/o Coat all v 1 1 al ---------------- -7 I ° I Island - 6TIL 3� T i 6'x9'4 F =_ __ ,I 4- a-ff / m', a V a ivin Rm - nin1R Kitclmen1I �I — dei Gar o �, + -- 33'0 22'7 rr i I — I '10 X122' z a � i 21516'6 5 , 16'4 X A 10 3 -- -.c / --- _ I OWIIBr Ex. � --- -- i I I I \ �'i�'`' ining �Ta _Il<J- a=lars�l— -r- 2'---- --�-- —---------------- 10'3"L�i47" 4'-CLR — - - - I I 1 i i I i � r i/ z�i ---- --+-- ----- ^ ' ----- ----- -- -- ---- 0 3� m x /� Q (� Q d PancTed�C-0. P�ucicd C.O. Pancicd C.O. -. ... I % I / ve' LU I t I --- ---1 — J --/ \ - — — — Line of 1L --- roof above o _ - Q 29'F:' P-10• W I n W I - 5.6' StedPing / - N ELE. i ySt¢nes / - o> C) rn 4- T cr�ti - --- --------------------------------- ----- i o Fren h drs. CIVIL ELE. J IF01 FRO o \ I Efi EO EO ECi I EO \ — 1:1XIST. H0, IU4v 10' E. 40" — DEM — align w/Col. @ 2nd le el align w/Col. @ 2nd level at*. w/Col. C. 2nd level o _ \ I Frenc — _ Reflecting p o, I I L � I 1/ EX/ST'G TREES TO REMAIN 0 A 0 ; 0 I J-�------- ------------ --------- ARD BACK Q — 1 o Dr ve 18' Xve ----- � I align w/Col. @ 2nd level — — — — --- �I I I iI I i i l i Xref S:\00_PR0 P_T\RAE_1714_\0_CAD\IN-PROCESS\1-PLAN S\a_fp100.curren t.dwg Proposed Architectural Site Plan SCALE: 1/8" = 1'-0" L -J I I I EXIST. I I GARAGE � ------ �1i DEMO �0 I L--- ---- I ' I 1 I I 1 I I 0 FOX STREET I � I � I, I � i EXISTING G/ ZONING/ LOT INFORMATION I Reflect}ng Pool 50'0.1( 25'0 I I' I 20,060 S.F. MAXIMUM ALLOWABLE HARDCOVER: 35% Xref S:\00_PR0 P_T\RAE_1714_\0_CAD\IN-PROCESS\1-PLAN S\a_fp100.curren t.dwg Proposed Architectural Site Plan SCALE: 1/8" = 1'-0" L -J I I I EXIST. I I GARAGE � ------ �1i DEMO �0 I L--- ---- I ' I 1 I I 1 I I 0 FOX STREET I � I � I, I � i EXISTING G/ ZONING/ LOT INFORMATION LOT AREA: 20,060 S.F. MAXIMUM ALLOWABLE HARDCOVER: 35% 7,021 S.F. PROPOSED HARDCOVER: STRUCTURAL FOOTPRINT: 3,671 S.F. DRIVE W/ TURN-AROUND/PARKING: 1,709 S.F. REFLECTING POOL, BY LANDSCAPE 468 S.F. STEPPING STONES (AS SHOWN, TOTAL): 44 S.F. TOTAL PROPOSED HARDCOVER: 5,892 S.F. REMAINING/AVAILABLE HARDCOVER: 1,129 S.F. MAXIMUM ALLOWABLE STRUCTURAL FOOTPRINT: 20% 4,012 S.F. PROPOSED STRUCTURAL FOOTPRINT: 3,671 S.F. AREA CALCULATIONS U MAIN LEVEL PLAN (STAIR INCLUDED): w FINISHED: 1,944 S.F. GARAGE: 827 S.F. FRONT PORCH, ENTRY & STEPS: 828 S.F. BACK GRILL DECK: 62 S.F. SECOND LEVEL PLAN (DEDUCT STAIR): FINISHED: 1,637 S.F. COVERED BALCONY: 692 S.F. LOWER LEVEL PLAN: & FINISHED: 1484 S.F. UNFINISHED MECH. ROOM: 271 S.F. TOTAL FINISHED SQUARE FOOTAGE: 5,065 S.F. N E Proposed Architectural Site Plan Design Issue Design Issue 2018.01.17 A0.1 COPYRIGHT SWAN ARCHITECTURE, LTD. Uri 0) V 1 w `�' 00m � m (V r—I U w M �-:iCD 0 Ln a�Ln �z tov� .2_1U y L (a CZ cg = vLn r4 2 IMPORTANT NOTE FOR CONTRACTORS & SUB -CONTRACTORS 1. The General Contractor is responsible for verifying all covenants, zoning, building fire, heating, plumbing and electrical code requirements. V 1� 1� U C� Proposed Architectural Site Plan Design Issue Design Issue 2018.01.17 A0.1 COPYRIGHT SWAN ARCHITECTURE, LTD. X 4 F LU LU J LL V3 0 0 d d U) co J f11 F Z LIJN a m c m a LU LU W 0 ILING IG 2ND FLOOR T.O. SUB -FLOOR 2ND FLOOR m T.O. WALL FRAMING T.O. SUB -FLOOR MAIN LEVE CIVIL EL - 966.6' GRADE (EXISTING GRADE) ci CIVIL EL - 965.6' N a GRADE (EXISTING GRADE) CIVIL EL - 965.6' L 1/4" CIVIL CEIL MIN( SUB -f FL00 WALL T.O. SUB -f CIVIL EL - ` T.T. Y G� -3 3 4' 7.3 I r_ _ - L __ __ I __ IJ I I I I I I I i --------------------1-------------�------------------{----------- - - - - - --------------L ---� --- --L ----------------- -- -- ----------------- I— — —L — T — — — — — — — —I — — — — — — — — — — — — — — — — — — — — — — — -T — — — — — — — — — — — — — — r — — — — — — — — — — — — — — — — — — — — — — — L — —I — — — J — — — — L — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — 2 Proposed Back (North) Elevation SCALE: T.O. SLAB GARAGE EL - 966' �_i4 w LQ 00m � m N U + Ln 0 N Y d Ln N c) Ln i r Z ru N Ln •� oY Q }J L M �S L Ln Y � fV IMPORTANT NOTE FOR CONTRACTORS & SUB -CONTRACTORS 1. The General Contractor is responsible for verifying all covenants, zoning, building fire, heating, plumbing and electrical code requirements. V 1� a� Proposed Exterior Elevations Design Issue Design Issue 1 1 2018.01.17 COPYRIGHT SWAN ARCHITECTURE, LTD. ee Cl 0=3 _ILING NG 2ND FLOOR 0 — c10 897395 1' C_1VIL Proposed Side (West) Elevation EILING NG 2N[ T.O. SUB-FL00 2ND FLOOR T.O. WALL FRA r _ M � r T.O. SUB-FL00 n::� CIVIL EL - 966.1 GRADE (EXISTING GRADE) CIVIL EL - 965.6' SCALE: q' - 1'-0" 89'-31 CIVIL — — — L- — — — — — — — — � I I — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — -- - — �_i4 T.O. SUB -FLOOR :� 2ND FLOOR m U w T.O. WALL FRAMING 00M r _ m Ln N l U Q� ILL CV N Y "' Ln N c/ Ln i r Z ru N T.O. SUB -FLOOR MjjV LEVEL `f CIVIL EL - 966.6' GRADE (EXISTING GRADE) cin CONTRACTORS CIVIL EL - 965.6' CID 1. The General Contractor is 0 — c10 897395 1' C_1VIL Proposed Side (West) Elevation EILING NG 2N[ T.O. SUB-FL00 2ND FLOOR T.O. WALL FRA r _ M � r T.O. SUB-FL00 n::� CIVIL EL - 966.1 GRADE (EXISTING GRADE) CIVIL EL - 965.6' SCALE: q' - 1'-0" 89'-31 CIVIL — — — L- — — — — — — — — � I I — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — -- - — �_i4 U w LQ 00M m � m N l U + Ln 0 N Y "' Ln N c/ Ln i r Z ru N Ln •� oY Q fa L M a L Y � fV IMPORTANT NOTE FOR CONTRACTORS & SUB -CONTRACTORS 1. The General Contractor is responsible for verifying all covenants, zoning, building fire, heating, plumbing and electrical code requirements. V c� Proposed Exterior Elevations Design Issue Design Issue 1 1 2018.01.17 A2.1 COPYRIGHT SWAN ARCHITECTURE, LTD. X C) x EXISTING CONDITIONS PROPOSED CONDITIONS 966.7.... j I 966.7 / . 966.5 j _ 966.5 . . ... -- HOUSE UNDER HOUSE nv`rJ CONSTRUCTION n `rJ CONSTRUCTION ( \ X 959.1 �J \ �� ---- \�J \ / x 959.2 x 959.2 X 959.1 x 959.1-- --- SUN x 959. SUN -- ------ ROOM I 966.5 (966.4/ / g59 1 959.1 x CANT 96 .5 ----- C J g \ x ---- 96 5 ROOM n J \ 966 5 .. f966.4/ / g5 959.1 x CANT --- --J ^ C i x ,J / x \ fi O . _ _37". 8 r FIND IPI 2 f -- - _ 378. - --- \ � 958 9580 / / - / \ '� END IP 6612 � 55.1 _ END IP 2 I END IP 17006 FIND IP I/2 - _ , 95 0 FND IP 6612 / o I II \ 55.1 END IP 1/2 958.0 N 89 N2 1 I 1 � 11 W 1133.78 955.8 � 954. x 56.9 1700 $ 958 7 958.0 N 89 21 17 W 133.78 9555.8P 6 954. 95817 x 956.9 e ON INE 0 4 EAST 956.8 955. )� OON INE 0� EAST 956.8 4,9551 OF L ORNER I ` / +,` SANITARY SEWER' �I D°' / x 953.0 I ORNER I _ SANITARY SEWER' �INR W.D.4 0- h. I � N �R W.D.x 953.0 DOC. N . 307134>� 1 o i? 7.0g� >SMH 66.-.- - / /L� �-� DOC. N . 3071346 9>>h i f ---- -- - - -= - `_ 57.0 / / / I 56gd/ 45 -i 1 1 SMH ........x I Orn 95.5.8 I I � - ---1-- -- ----h w Rim -955.0 -- - -r 1 w X_ �g54.9954.8 0 i i w z /o x5.$ I f 45 ` w O Rim=955.0 966 4 / x-95 9 -Ld z `n Inv=947.1 / 9 5) 9 - _ x 954.9954.8 w nv=947.1 -I - � 966.4 / 56. I w95 //\n r 1 - H O Q I I 19El 5 F X( \ X951 n' iSMH z p Rim=956.0 z / \ O 966.5 V'1 I L0 Inv -948.2 i X56 X` w *^ I I / \ O Rim= 56.0 -956 11 C w Q \ ��� / 7 966.5.. v�.... \ L Inv=948.2 i <� I i` ' 6� w O z� v / �\ \ 1 \ i / T- \ X95 n n n �J �`- i- �956� 10 wn oJ LLJI � 1j No 0 �� 1753 i Jn w 00 ^ \ n\` I I O 951.0) / oU �'� �--SILT FENCn53 J w LLJ o) v co c0 c0 Xl 61 n o \ / I o I / / 956.6 1 x 956.5 /958 ��� \ �J / / jx 956.6 I 958 95 / ~gym CJ x956.6 956.6x r_I / 4.3/- 1=�Ln 9 x956.5 / 4.3% JOS \\' TF 50" FNI z o n 956. } X(959.5) 956.6 /r -i } C9I -059.5)X 50" FNI D o LO 958.8 - ---- II� / 958.8 f ---epar�--eser�-ese\J--cese�-ese�--e�� ......... .. / I ~/ 960 / I ....... 956.8 xl ---' -- --- ----- -- .............. I O / C/ x 961.1 82' n ...............I 56� X 960. N 15.9 N GRIL E 960.2 X x 58.7 O / �L" ��96 /� n \ O 32.6 19.3 19.3 - CK - 23.7 f x 961.lq�) v x O I - ---- =60.6 � m / \ 58. x O - ----- /-------- i BFE co cfl -------- -- -- iso �� ��f----30-�--- C �%�0 - (957.5) LOE N ao I 962 \ 966\5 \� x 95 .4 x 957 8 n\�� O O �J 1966.5 n ( ) I�----- +--- 'C 9 _\ p \z r 960.7 7.7 30 x ..... I I - 5 8 I 3.4 O �� G W / � ✓ I ( \ / �' \ x95 . / I \V i I ( \�� I / x O \\' 9 0 m 96 .4 tLnxD 965. 966.8 I \ x W I ry rj x PROPOSED LOOKOUT ^ J - 964 6 .41 O 966.8 x I N I \ I 960.41 �- g62 967.3 N �� x ) 1390 FOX STREET \J, x 965. �� 6L� 1 '� 964. ... v.• I 1 i� �, GFE I 964. 967.3 - \� 9 / � I r'D 61 FIFE 10.3 \.) 0 (968.0) \ I I `iX - U. 1 � \ I I O 1• '13.8 x �/ 1 - �/ i -Ll I 963.4 0 IQ �I GARAGE IO TFDN (968.5) NTR I -- T- ....... - O-----30-----� -- 96u- 9622 6 / m o O o _y1 (968.0) DEC Y m � ,4 GARAGE 967.7 F+i'.' I 963.4 N PO ... 0 I O 962 21 x I x 96r 1 z - I O ----- 30- -- 1 52.0 a; C6 e� o O I / 963.1 -- -964(m M O.' I O r 164. I I''v o z 3 7 X I BFE= I x 964.1 I z _ °O I oaD- Iu� I COVEREDO o J. °, �o' �� zx- ° .... I 961.401 / n .::... O m o / Cn Cn - 965.6 67.9 �3.g Z 967.4 w O.' ... I X PORCH ❑�� % r CD 967.4 A-- --------- ----- v ----- --- - d3.2' Z on ❑N rn 6.4 5.5 say x 967.x- - J 9 .5 ° �-"� ° 967.0- o/ HOUSE 0 32.5 -(967.5)7 O 7 A 6.2 - i pas \ _ (965.0)7 1 d . 1°749 . M (0 966.E I 966.6 ao� d 967.3 1 i .. V , o� 96 x Lij </ ^ 0 / 66.6 x �96> a , �� / O ` .y 4- 966.4 966.4 i x - x (6 �- ( ) ° n \ < 96> �' O.. I n �1 / 9 617 967.0)x (967.3 X SJ 4 .. a (967.2 �I _ x 9 < i .'.'.'.'.'.'.'.'.'.'.'.'.'.' X\ � G, 966.3 I - N /� ` .' ❑ \ _ �/ / ° °. ° d ° I j rJ / o/%/i CEDROW Q/ � o <C x 967.6 \ x \ ✓ p O x 967.6 / \ 966.6 6.8 6.8 cv / / I\ ) CEDROW ° v \ ' 967.3 0 < N > 969.1 ................... � ° L ` ------------------- 967 2 966.7 1 967.3 a O 1, \ ' I JI�967. ° o a° °. <> 37.7 - 967.0 7.6 967. / n �, I 5)X I I N n C1 (967• I ° a ° n V 966.9 I 14.1 11.2- 967.5 X 1 \ 1 967.4 \ ° ° . 967.5 C 967.2 9167.6 i i 967.5 1.2'/- \ �J � I 10 I 0) - (:J \ - EN 1 Ln d 61 \ 1770 1772 774 1776a� 1778 01779 1781 1783 n8s 1 N 0 SILT FENCE J 1 (9 d , e 967,1.. N 786 1787 C6 1770 1772 I d E 966.8 °�6 + / 1774 177 1778 (967 0)X 1779 1781 1783 1785 786 187 ° 1,0 6.9 I 1967.1 .. � _ °� 9 9 D.5 EDROW / D W L `�1 IC R FIND IPI 2 SOLID D I �E o D W � IC R °• (6 b x � SOLID 96.. 966.9 6 .7 9 7 966.7FIND P 17006 9 .5 sDROW� o I �4 d ° END IP I/ 966.4 m 6 .7 FN[> 1 7006 u 966.9-.967.1 967.0 966.9 - 966 a 966 U H n O U OHU g66.4 966.67 T 966.9 END IP 3/4 IN CONCWYE © 966.6 966.EN89 2I 17 W 133.76 O 7 966.9 n 0 1 n U > U p 966.67 967. 967.1 0 1 n 967.4 N H 6.8 966.3 9B6 4 966.3 FIN IP I/2" 966 END IP 3/4 CONCSNE E © N 89 2 117 W 133.76 ? 966.7 966.7 966.2, . 96966 3 966.4 "966 - END IP 1/2 3.7'. WEST AND 1.5' SOUTH 966.4 ... ..... 966.2 e 966.6 966.4 OF LOT CORNER .. . .. 966 4 J 6.7 9E F 9 2 966.6 966. . 4 �. .. � ROCK BERM ' WEST AND 1 5' SOUTH LOT CORNER: FOX STREET ... . .. .. .. . ENTRANCE fr_ FOS STREET - FIELD CREW NO. BY DATE DH, MD 1 EMW 7/14/2017 DRAWN 2 BRV 1/18/2018 DBP, JJA/BRV 3 BRV 1/22/2018 CHECKED Good 1 14 JJA 1771 Arborvitae 2.5 DATE 1 14 06/16/2017 Arborvitae 4.0 Good I-, \ 1\ 1 1 1 \/ I I I I I r) I\ I I\ A F1 F-\ I T I n IN I \J I N I L_ I FA I L- L_ / I N LJ /-\ L) LJ I I I \J I N I, 2'/- X i I X Fence ties are shown on the o .S I W .S side of the boundary line that mei xt� J the fence is located on. I 4'/ X 67. DESCRIPTION OF PROPERTY SURVEYED Lots 13, 14 and 15, Block 13, "MINNETONKA BLUFFS." per Certificate of Title, Certificate Number: 1011240 And That part of the vacated alley accruing thereto per City of Orono Resolution of the City Council No. 5514, Doc. No. A9754840 (The vacated alley shown hereon has not been added to the Certificate of Title at this time.) 1) Site Address: 1390 Fox St, Orono, Minnesota, 55391. 2) Flood Zone Information: This property appears to lie in Zone X (area determined to be outside the 0.2% annual floodplain) per Flood Insurance Rate Map, Panel No. 27053C0308F, effective date of 11/4/2016. 3) Parcel Area Information: Gross Area: 20,060 s.f. - 0.461 acres 4) Benchmark: Elevations are based on the sanitary manhole rim elevation in the NE portion of the subject property which has an elevation of: 955.98 feet (NAVD88). 5) Zoning Information: The current Zoning for the subject property is RR -1B (One Family Rural District - 2 Acres) per the City of Orono's zoning map dated September 2016, and Storm Water Quality Overlay District Tier 3. The setback, height, and floor space area restrictions for said zoning designation were obtained from the City of Orono found on their web site on the date of June 16, 2017 and are as follows: Structure Setbacks - Front: 50 feet Side: 30 feet Rear: 50 feet Height: 30 feet Hardcover: 35 percent of lot area (Tier 3) Please note that the general restrictions for the subject property may have been amended through a city process. We could be unaware of such amendments if they are not in a recorded document provided to us. We recommend that a zoning letter be obtained from the Zoning Administrator for the current restrictions for this site. 6) Utilities: We have shown the location of utilities on the surveyed property by observed evidence only. There may be underground utilities encumbering the subject property we are unaware. Please note that we have not placed a Gopher State One Call for this survey. There may or may not be underground utilities in the mapped area, therefore extreme caution must be exercise before any excavation takes place on or near this site. Before digging, you are required by law to notify Gopher State One Call at least 48 hours in advance at 651/454-0002. 7) An Existing Conditions/Proposed Conditions "City of Orono Hardcover Worksheet" has been completed and should be referred to for hardcover information. Proposed Elevations( Final Plans Not Provided Proposed Garage Floor Elevation = 968.0 Proposed First Floor Elevation = 968.5 Proposed Top of Foundation Elevation = 968.0 Proposed Lookout Opening Elevation = 960.7 Proposed Basement Floor Elevation = 957.5 TREESURVEY Tree # Species DBH Condition Stems Height Notes 1753 Maple, sugar 32.0 Poor 1 split 1770 Arborvitae 5.0 Good 1 14 1771 Arborvitae 2.5 Good 1 14 1772 Arborvitae 4.0 Good 1 14 1773 Arborvitae 3.0 Good 1 13 1774 Arborvitae 5.0 Good 1 14 1775 Arborvitae 5.0 Good 1 14 1776 Arborvitae 5.0 Good 1 14 1777 Arborvitae 5.0 Good 1 14 1778 Arborvitae 5.0 Good 1 14 1779 Arborvitae 5.0 Good 1 14 1780 Arborvitae 5.0 Good 1 14 1781 Arborvitae 5.0 Good 1 14 1782 Arborvitae 5.0 Good 1 14 1783 Arborvitae 5.0 Good 1 14 1784 Arborvitae 5.0 Good 1 14 1785 Arborvitae 5.0 Good 1 14 1786 Arborvitae 5.0 Good 1 12 1787 Arborvitae 5.0 Good 1 12 F1 I=) A /1 N I F- I I I I I I r-) N I n A F1 F1 I T I /1 N I LJI\/-\\7UINI L F]IL_L_ LINO /-\UUI I I�/IN SURVEY LEGEND CAST IRON MONUMENT WOE WALKOUT ELEVATIONBITUMINOUS ...................:.: . M CATCH BASIN FEE FIRST FLOOR ELEVATION -s BUILDING SETBACK LINE a FLARED END SECTION GFE GARAGE FLOOR ELEVATION CTv CABLE TV (X GATE VALVE TOF TOP OF FOUNDATION ELEV. CONCRETE CURB < GUY WIRE LOE LOWEST OPENING ELEV. CONCRETE HYDRANT I] CABLE TV PEDESTAL - 960 _ CONTOUR EXISTING O SURVEY MONUMENT SET ❑E ELECTRIC TRANSFORMER sso CONTOUR PROPOSED V O ELECTRIC MANHOLE o 0 ea. • SURVEY MONUMENT FOUND - --�-�-�- GUARD RAIL J fo, I 0 SURVEY CONTROL POINT (E) ELECTRIC METER DT DRAIN TILE �ir�is wooa C © GAS METER ELC r LIGHT POLE ELECTRIC UNDERGROUND oiCKENSON 5T. w x� I O GAS VALVE -X-X- n��l N POWER POLE ❑H HAND HOLE FO FIBEROPTICUNDERGROUND p R1 N Fox sT. NE�� I �S SANITARY MANHOLE SOIL BORING GAS- O N SITE ogF`� GAS UNDERGROUND T O R SANITARY CLEANOUT orTONo TNaLE Ro y TREE CONIFEROUS OHU OVERHEAD UTILITY azsw w.--��.,�_ -o- SIGN S \ TREE DECIDUOUS ``- Bearings are based on the Hennepin County 972.5 GROUND ELEVATION """"""""" RAILROAD TRACKS `y C)5M- M Coordinate System (NAD 83 - 1986 adj.) C OO TELEPHONE MANHOLE > SANITARY SEWER A 1 TELEPHONE PEDESTAL A 0 STORM DRAIN STORM SEWER L T�ng 20 10 0 10 20 40 P STORM MANHOLE TEL TELEPHONE UNDERGROUND E LQke e.aw„s say 0_ -TRAFFIC SIGNAL �S YARD LIGHT Q UTILITY MANHOLE UTL UTILITY UNDERGROUND SCALE IN FEET D A/C UNIT REVISION I hereby certify that this survey, plan or report was prepared by me or under my direct supervision and that I am a duly Licensed TREE SURVEY CONVEYANCE OF INFORMATION) OF THIS PRODUCCTT IS y USE (INCLUDING COPYING, DISTRIBUTION, AND Land Surveyor under the laws of the State of Minnesota. PROPOSED CONDITIONS STRICTLY PROHIBITED WITHOUT SATHRE-BERGQUIST, INC.'s EXPRESS WRITTEN AUTHORIZATION. USE WITHOUT SAID Dated thi 19th day of e, 2017. REMOVED REF. POOL AND FRONT WALK AUTHORIZATION CONSTITUTES AN ILLEGITIMATE USE AND SHALL THEREBY INDEMNIFY SATHRE-BERGQUIST, INC. OF 1 ALL RESPONSIBILITY. SATHRE-BERGQUIST, INC. RESERVES THE RIGHT TO HOLD ANY ILLEGITIMATE USER OR PARTY 9.11 l) C LEGALLY RESPONSIBLE FOR DAMAGES OR LOSSES David B. Pemberton, PLS Minnesota License No. 40344 RESULTING FROM ILLEGITIMATE USE. pemberton@sathrc.com SATHRE-BERGQUIST, INC. 150 SOUTH BROADWAY WAYZATA, MN. 55391 (952) 476-6000 WWW.SATHRE.COM 0 WELL UTILITY PEDESTAL WATERMAIN TWP:117-RGE.23-SEC.02 FILE NO. Hennepin County CERTIFICATE OF SURVEY 99508-001 ORONO) MINNESOTA PREPARED FOR: I 1 WHITEHALL II, LLC 1 O O 0 01x 0 W 0o U) 0- 1 / 37„C:� ; O \ _ 1 1 I I 1 V I ^ , I ST'G TREE TO REMAIN / \ 1 I / \ I 1 I \ I \ I 1 I 1\ 1 \ 1 / / / / I / wz / 3�:; LU Ln LU QIw� ZI <r % I h — `_0 REMAIN I Ii i — ' E. 50” FNI \ / / / I E. 26" MP V j-----�y���---------- swig De k d 1 710 T8 t l U 19R L ne o� BIa V / p ® landin abv. x _ m '6. 1 7 „ g a 7 � 6 It �� 1 / �o^I 7.15 ea. 16'10 RC 1j2'2 J IICD10 01, % 12"T tyP. V 1 w.C.�l P dr. t y 3'0 X 5'9 4'7 X 5'9 Floor dr n Tran -4 bv. - - \/r -I L- I / ✓ EL. 9 .6' *90#x 3'w Dr. 3'w Dr. _ — i _ 3 T.OI SPBFLR.K y IA Se_rvice HallDn 17R@ -_ i 7 azxz6's% - Z 15"ea. 1 1� 2'T tvp. p - --- alo c.B.Lcab;aers -- U U.C. ��� -----k_""" EL.9 '6F G �� a o� Pantr�- -� 4._6• 5-' 4'-6' ir'� r --__n v�___rtieic Y iax4'9 �I � I �� i oa'eo. EL. 966' '' b / - i i 1i I � 11 ". W/o Coat all v 1 1 al ---------------- -7 I ° I Island - 6TIL 3� T i 6'x9'4 F =_ __ ,I 4- a-ff / m', a V a ivin Rm - nin1R Kitclmen1I �I — dei Gar o �, + -- 33'0 22'7 rr i I — I '10 X122' z a � i 21516'6 5 , 16'4 X A 10 3 -- -.c / --- _ I OWIIBr Ex. � --- -- i I I I \ �'i�'`' ining �Ta _Il<J- a=lars�l— -r- 2'---- --�-- —---------------- 10'3"L�i47" 4'-CLR — - - - I I 1 i i I i � r i/ z�i ---- --+-- ----- ^ ' ----- ----- -- -- ---- 0 3� m x /� Q (� Q d PancTed�C-0. P�ucicd C.O. Pancicd C.O. -. ... I % I / ve' LU I t I --- ---1 — J --/ \ - — — — Line of 1L --- roof above o _ - Q 29'F:' P-10• W I n W I - 5.6' StedPing / - N ELE. i ySt¢nes / - o> C) rn 4- T cr�ti - --- --------------------------------- ----- i o Fren h drs. CIVIL ELE. J IF01 FRO o \ I Efi EO EO ECi I EO \ — 1:1XIST. H0, IU4v 10' E. 40" — DEM — align w/Col. @ 2nd le el align w/Col. @ 2nd level at*. w/Col. C. 2nd level o _ \ I Frenc — _ Reflecting p o, I I L � I 1/ EX/ST'G TREES TO REMAIN 0 A 0 ; 0 I J-�------- ------------ --------- ARD BACK Q — 1 o Dr ve 18' Xve ----- � I align w/Col. @ 2nd level — — — — --- �I I I iI I i i l i <\ 20,060 S.F. MAXIMUM ALLOWABLE HARDCOVER: 35% 7,021 S.F. > i STRUCTURAL FOOTPRINT: 3,671 S.F. DRIVE W/ TURN-AROUND/PARKING: 1,709 S.F. < 468 S.F. B4 44 S.F. TREEI EDGQ I 5,892 S.F. REMAINING/AVAILABLE HARDCOVER: 1,129 S.F. / 4,012 S.F. PROPOSED STRUCTURAL FOOTPRINT: 3,671 S.F. AREA CALCULATIONS U MAIN LEVEL PLAN (STAIR INCLUDED): w FINISHED: 1,944 S.F. GARAGE: > I / < Line of r----—rooTabove-------------------�---- / (4) IA [ligb+ins-----�-- N}716 -----50' REA,RD SETBAEK ' SECOND LEVEL PLAN (DEDUCT STAIR): 4. DW i— y � / Wlnc \ ti -n Gr ll I Ii i — ' E. 50” FNI \ / / / I E. 26" MP V j-----�y���---------- swig De k d 1 710 T8 t l U 19R L ne o� BIa V / p ® landin abv. x _ m '6. 1 7 „ g a 7 � 6 It �� 1 / �o^I 7.15 ea. 16'10 RC 1j2'2 J IICD10 01, % 12"T tyP. V 1 w.C.�l P dr. t y 3'0 X 5'9 4'7 X 5'9 Floor dr n Tran -4 bv. - - \/r -I L- I / ✓ EL. 9 .6' *90#x 3'w Dr. 3'w Dr. _ — i _ 3 T.OI SPBFLR.K y IA Se_rvice HallDn 17R@ -_ i 7 azxz6's% - Z 15"ea. 1 1� 2'T tvp. p - --- alo c.B.Lcab;aers -- U U.C. ��� -----k_""" EL.9 '6F G �� a o� Pantr�- -� 4._6• 5-' 4'-6' ir'� r --__n v�___rtieic Y iax4'9 �I � I �� i oa'eo. EL. 966' '' b / - i i 1i I � 11 ". W/o Coat all v 1 1 al ---------------- -7 I ° I Island - 6TIL 3� T i 6'x9'4 F =_ __ ,I 4- a-ff / m', a V a ivin Rm - nin1R Kitclmen1I �I — dei Gar o �, + -- 33'0 22'7 rr i I — I '10 X122' z a � i 21516'6 5 , 16'4 X A 10 3 -- -.c / --- _ I OWIIBr Ex. � --- -- i I I I \ �'i�'`' ining �Ta _Il<J- a=lars�l— -r- 2'---- --�-- —---------------- 10'3"L�i47" 4'-CLR — - - - I I 1 i i I i � r i/ z�i ---- --+-- ----- ^ ' ----- ----- -- -- ---- 0 3� m x /� Q (� Q d PancTed�C-0. P�ucicd C.O. Pancicd C.O. -. ... I % I / ve' LU I t I --- ---1 — J --/ \ - — — — Line of 1L --- roof above o _ - Q 29'F:' P-10• W I n W I - 5.6' StedPing / - N ELE. i ySt¢nes / - o> C) rn 4- T cr�ti - --- --------------------------------- ----- i o Fren h drs. CIVIL ELE. J IF01 FRO o \ I Efi EO EO ECi I EO \ — 1:1XIST. H0, IU4v 10' E. 40" — DEM — align w/Col. @ 2nd le el align w/Col. @ 2nd level at*. w/Col. C. 2nd level o _ \ I Frenc — _ Reflecting p o, I I L � I 1/ EX/ST'G TREES TO REMAIN 0 A 0 ; 0 I J-�------- ------------ --------- ARD BACK Q — 1 o Dr ve 18' Xve ----- � I align w/Col. @ 2nd level — — — — --- �I I I iI I i i l i Xref S:\00_PR0 P_T\RAE_1714_\0_CAD\IN-PROCESS\1-PLAN S\a_fp100.curren t.dwg Proposed Architectural Site Plan SCALE: 1/8" = 1'-0" L -J I I I EXIST. I I GARAGE � ------ �1i DEMO �0 I L--- ---- I ' I 1 I I 1 I I 0 FOX STREET I � I � I, I � i EXISTING G/ ZONING/ LOT INFORMATION I Reflect}ng Pool 50'0.1( 25'0 I I' I 20,060 S.F. MAXIMUM ALLOWABLE HARDCOVER: 35% Xref S:\00_PR0 P_T\RAE_1714_\0_CAD\IN-PROCESS\1-PLAN S\a_fp100.curren t.dwg Proposed Architectural Site Plan SCALE: 1/8" = 1'-0" L -J I I I EXIST. I I GARAGE � ------ �1i DEMO �0 I L--- ---- I ' I 1 I I 1 I I 0 FOX STREET I � I � I, I � i EXISTING G/ ZONING/ LOT INFORMATION LOT AREA: 20,060 S.F. MAXIMUM ALLOWABLE HARDCOVER: 35% 7,021 S.F. PROPOSED HARDCOVER: STRUCTURAL FOOTPRINT: 3,671 S.F. DRIVE W/ TURN-AROUND/PARKING: 1,709 S.F. REFLECTING POOL, BY LANDSCAPE 468 S.F. STEPPING STONES (AS SHOWN, TOTAL): 44 S.F. TOTAL PROPOSED HARDCOVER: 5,892 S.F. REMAINING/AVAILABLE HARDCOVER: 1,129 S.F. MAXIMUM ALLOWABLE STRUCTURAL FOOTPRINT: 20% 4,012 S.F. PROPOSED STRUCTURAL FOOTPRINT: 3,671 S.F. AREA CALCULATIONS U MAIN LEVEL PLAN (STAIR INCLUDED): w FINISHED: 1,944 S.F. GARAGE: 827 S.F. FRONT PORCH, ENTRY & STEPS: 828 S.F. BACK GRILL DECK: 62 S.F. SECOND LEVEL PLAN (DEDUCT STAIR): FINISHED: 1,637 S.F. COVERED BALCONY: 692 S.F. LOWER LEVEL PLAN: & FINISHED: 1484 S.F. UNFINISHED MECH. ROOM: 271 S.F. TOTAL FINISHED SQUARE FOOTAGE: 5,065 S.F. N E Proposed Architectural Site Plan Design Issue Design Issue 2018.01.17 A0.1 COPYRIGHT SWAN ARCHITECTURE, LTD. Uri 0) V 1 w `�' 00m � m (V r—I U w M �-:iCD 0 Ln a�Ln �z tov� .2_1U y L (a CZ cg = vLn r4 2 IMPORTANT NOTE FOR CONTRACTORS & SUB -CONTRACTORS 1. The General Contractor is responsible for verifying all covenants, zoning, building fire, heating, plumbing and electrical code requirements. V 1� 1� U C� Proposed Architectural Site Plan Design Issue Design Issue 2018.01.17 A0.1 COPYRIGHT SWAN ARCHITECTURE, LTD. X 4 F LU LU J LL V3 0 0 d d U) co J f11 F Z LIJN a m c m a LU LU W 0 ILING IG 2ND FLOOR T.O. SUB -FLOOR 2ND FLOOR m T.O. WALL FRAMING T.O. SUB -FLOOR MAIN LEVE CIVIL EL - 966.6' GRADE (EXISTING GRADE) ci CIVIL EL - 965.6' N a GRADE (EXISTING GRADE) CIVIL EL - 965.6' L 1/4" CIVIL CEIL MIN( SUB -f FL00 WALL T.O. SUB -f CIVIL EL - ` T.T. Y G� -3 3 4' 7.3 I r_ _ - L __ __ I __ IJ I I I I I I I i --------------------1-------------�------------------{----------- - - - - - --------------L ---� --- --L ----------------- -- -- ----------------- I— — —L — T — — — — — — — —I — — — — — — — — — — — — — — — — — — — — — — — -T — — — — — — — — — — — — — — r — — — — — — — — — — — — — — — — — — — — — — — L — —I — — — J — — — — L — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — 2 Proposed Back (North) Elevation SCALE: T.O. SLAB GARAGE EL - 966' �_i4 w LQ 00m � m N U + Ln 0 N Y d Ln N c) Ln i r Z ru N Ln •� oY Q }J L M �S L Ln Y � fV IMPORTANT NOTE FOR CONTRACTORS & SUB -CONTRACTORS 1. The General Contractor is responsible for verifying all covenants, zoning, building fire, heating, plumbing and electrical code requirements. V 1� a� Proposed Exterior Elevations Design Issue Design Issue 1 1 2018.01.17 COPYRIGHT SWAN ARCHITECTURE, LTD. ee Cl 0=3 _ILING NG 2ND FLOOR 0 — c10 897395 1' C_1VIL Proposed Side (West) Elevation EILING NG 2N[ T.O. SUB-FL00 2ND FLOOR T.O. WALL FRA r _ M � r T.O. SUB-FL00 n::� CIVIL EL - 966.1 GRADE (EXISTING GRADE) CIVIL EL - 965.6' SCALE: q' - 1'-0" 89'-31 CIVIL — — — L- — — — — — — — — � I I — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — -- - — �_i4 T.O. SUB -FLOOR :� 2ND FLOOR m U w T.O. WALL FRAMING 00M r _ m Ln N l U Q� ILL CV N Y "' Ln N c/ Ln i r Z ru N T.O. SUB -FLOOR MjjV LEVEL `f CIVIL EL - 966.6' GRADE (EXISTING GRADE) cin CONTRACTORS CIVIL EL - 965.6' CID 1. The General Contractor is 0 — c10 897395 1' C_1VIL Proposed Side (West) Elevation EILING NG 2N[ T.O. SUB-FL00 2ND FLOOR T.O. WALL FRA r _ M � r T.O. SUB-FL00 n::� CIVIL EL - 966.1 GRADE (EXISTING GRADE) CIVIL EL - 965.6' SCALE: q' - 1'-0" 89'-31 CIVIL — — — L- — — — — — — — — � I I — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — -- - — �_i4 U w LQ 00M m � m N l U + Ln 0 N Y "' Ln N c/ Ln i r Z ru N Ln •� oY Q fa L M a L Y � fV IMPORTANT NOTE FOR CONTRACTORS & SUB -CONTRACTORS 1. The General Contractor is responsible for verifying all covenants, zoning, building fire, heating, plumbing and electrical code requirements. V c� Proposed Exterior Elevations Design Issue Design Issue 1 1 2018.01.17 A2.1 COPYRIGHT SWAN ARCHITECTURE, LTD. MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, November 20, 2017 6:30 o'clock p.m. 5. LA18-000006 ELEVATION HOMES, 1390 FOX STREET, VARIANCES, 7:44 P.M. — 7:48 P.M. Bill Costello, Elevation Homes, was present. Oakden stated the applicant is requesting lot area and lot width variances to take advantage of the Tier 3 hardcover limit of 35 percent and to construct a single-family home on a non -conforming lot of record. The lot was part of a plat that was recorded in 1887 before the RR -1B zoning district was implemented. The proposed home meets all of the required setbacks. The lot consists of 0.46 acres in a two -acre zone and is 133 feet where 200 feet is required. Staff finds there to be practical difficulties inherent with the property due to its size and width in the RR -1B District. The applicant's property had contained a single- family residence for many decades. The ability to have the same type of hardcover amenities as other existing developed properties in the neighborhood would be limited if the area and width variances are not granted. The Planning Commission had no questions for Staff. Bill Costello, Elevation Homes, stated he has nothing to add to Staff's report. Chair Thiesse opened the public hearing at 7:46 p.m. There were no public comments regarding this application. Chair Thiesse closed the public hearing at 7:46 p.m. Oakden noted the property is located in a Tier 3 area but is nonconforming and limited to 25 percent hardcover without the variances. Landgraver noted of the 35 percent hardcover potential, the applicants are only planning on using 28 percent. MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, November 20, 2017 6:30 o'clock p.m. Schoenzeit asked how the size of the lot compares to the rest of the neighborhood. Oakden indicated it is very comparable to the other lots. Landgraver stated the Planning Commission has recommended approval of some improvements to other homes in the area. Schoenzeit moved, Olson seconded, to recommend approval of Application No. LA18-000006, Elevation Homes, 1390 Fox Street, variances based on staff recommendations. VOTE: Ayes 5, Nays 0. Date Application Received: January 17, 2018 Date Application Considered as Complete: February 2, 2018 60 -Day Review Period Expires: April 3, 2018 To: Chair Thiesse and Planning Commission Members Dustin Rief, City Administrator From: Laura Oakden, City Planner Date: February 20, 2018 Subject: LA18-000006, Elevation Homes o/b/o Whitehall II, 1390 Fox Street, Variance Public Hearing Application Summary: The applicant is requesting lot area and lot width variances to take advantage of the Tier 3 35% hardcover. Staff Recommendation: Planning Department Staff recommends approval of the area and width variances. Background The applicant is requesting a lot area and lot width variance to permit construction of a single family home on a non -conforming lot of record. Non -conforming lots of record are limited to 25% hardcover. Based on the distance from the lake, this lot, if conforming would be permitted 35% hardcover. The lot was part of a plat that was recorded in 1887 before the RR -1B zoning district was implemented. The applicant has submitted a project narrative as Exhibit E. LOT ANALYSIS WORKSHEET Section 78-420 - Setbacks: DISTRICT RR -1B Required Proposed Front 50' 50' Rear 50' 50' Street 30' 32.5' Side 10' 13.27' lection 78-420 - Lot Area/Width: DISTRICT RR -1B Lot Area Lot Width Required 87,120 s.f. (2 acres) 200' Actual 20,037s.f. (0.46acres) 133' Section 78-1700 -Hardcover Calculations: Stormwater Overlay Total Area Allowed Proposed Existing Hardcover District Tier in Zone Hardcover Hardcover 7.013 s.f. Roughly 2000 s.f. 5,716 s.f. Tier 3 20,037 s.f. (35 %) (10%) (28.49%) FILE #LA18-000006 2/20/2018 Page 2 of 4 Applicable Regulations: 78-72: Lots of Record (c) A lot of record located in any shoreland district, including the Shoreland Overlay district, RS Seasonal Recreational district, and any of the LR- Lakeshore Residential districts, that does not meet the requirements of this chapter for lot size or lot width shall be subject to the following regulations: (1) A nonconforming single lot of record may be allowed as a building site without variances from lot size and width requirements, provided that: a. All setback requirements can be met; b. A Type 1 sewage treatment system consistent with Minnesota Rules, chapter 7080, can be installed or the lot is connected to a public sewer; and c. The impervious surface coverage meets all hardcover location and square footage restrictions of this chapter and the total square footage of hardcover does not exceed 25 percent of the entire lot area. d. All other zoning district standards can be met. (3) A lot subject to either subsections 78-72(c)(1) or (2) remains subject to the hardcover restrictions of this chapter, as follows: a. Where the hardcover square footage allotment as calculated based on the assigned tier exceeds 25 percent of the entire lot area, hardcover shall be limited to 25 percent of the entire lot area. Governing Regulation: Variance (Section 78-123) In reviewing applications for variance, the Planning Commission shall consider the effect of the proposed variance upon the health, safety and welfare of the community, existing and anticipated traffic conditions, light and air, danger of fire, risk to the public safety, and the effect on values of property in the surrounding area. The Planning Commission shall consider recommending approval for variances from the literal provisions of the Zoning Code in instances where their strict enforcement would cause practical difficulties because of circumstances unique to the individual property under consideration, and shall recommend approval only when it is demonstrated that such actions will be in keeping with the spirit and intent of the Orono Zoning Code. Economic considerations alone do not constitute practical difficulties. Practical difficulties also include but are not limited to inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth -sheltered construction as defined in Minn. Stat. § 216C.06, subd. 2, when in harmony with this chapter. The board or the council may not permit as a variance any use that is not permitted under this chapter for property in the zone where the affected person's land is located. The board or council may permit as a variance the temporary use of a one -family dwelling as a two-family dwelling. According to MN §462.537 Subd. 6(2) variances shall only be permitted when: 1. The variance is in harmony with the general intent and purpose of the Ordinance. Single family residences are a permitted use within the RR -1B zoning district. 2. The variance is consistent with the comprehensive plan The residential principal structure and associated amenities are residential uses which are consistent with the comprehensive plan guiding of this and surrounding properties for residential use. 3. The applicant establishes that there are practical difficulties. FILE #LA18-000006 2/20/2018 Page 3 of 4 a. The property owner proposes to use the property in a reasonable manner not permitted by the official controls; The property owner is proposing to use the property in a reasonable manner but the size of the lot is below the minimum lot size standards of the Zoning Code. b. There are circumstances unique to the property not created by the landowner; The plight of the property owner is due to the existing substandard lot size, which is a result of the property being platted as part of the 'Minnetonka Bluffs' subdivision in 1887, long before local zoning codes were in effect; and c. The variance will not alter the essential character of the locality. The 'Minnetonka Bluffs' neighborhood consists of 50 foot lots but most have been combined so most lots range from 100-200 feet in width and ranging in depth. Over time a majority of these lots have each been developed for individual homes. In the opinion of staff, a single family residence and associated amenities on a single lot in this neighborhood will not be inconsistent with the character of the surrounding neighborhood. Additionally City Code 78-123 provides additional parameters within which a variance may be granted as follows: 4. Economic considerations alone do not constitute practical difficulties. Economic considerations have not been a factor in the variance approval determination. S. Practical difficulties also include but are not limited to inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth -sheltered construction as defined in Minn. Stat. § 216C.06, subd. 2, when in harmony with Orono City Code Chapter 78. This condition is not applicable. 6. The board or the council may not permit as a variance any use that is not permitted under Orono City Code Chapter 78 for property in the zone where the affected person's land is located. This condition is not applicable, as the use for a single family home is an allowed use in the RR -16 District. 7. The board or council may permit as a variance the temporary use of a one -family dwelling as a two-family dwelling. This condition is not applicable. 8. The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property. The lot area, lot width, setback, hardcover and lot coverage standards applying to this property are similar to those of other properties in the neighborhood, and there are many similar sized developed lots in the neighborhood. 9. The conditions do not apply generally to other land or structures in the district in which the land is located. The standards applicable to this property apply to all other property in the neighborhood; however, in order to be allowed the 35% hardcover that other developed similar -sized lots are afforded, a variance to lot area and width is required. 10. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. In the opinion of staff, the property rights of the owner will be diminished if the lot area and lot width variances are not granted, as the new residence would not be able to have the 35% hardcover that neighboring similar -sized lots are allowed. 11. The granting of the proposed variance will not in any way impair health, safety, comfort or morals, or in any other respect be contrary to the intent of this chapter. Granting of the area and width variances would not impair health, safety, comfort or morals and would not be contrary the intent of the zoning code. FILE #LA18-000006 2/20/2018 Page 4 of 4 12. The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty. In the opinion of staff, granting of the lot area and lot width variances will alleviate a practical difficulty by allowing the property to be developed under the same hardcover and structural coverage allowances as other similar -sized developed lots in the neighborhood. The Commission may recommend or Council may impose conditions in granting of variances. Any conditions imposed must be directly related to and must bear a rough proportionality to the impact created by the variance. No variance shall be granted or changed beyond the use permitted in this chapter in the district where such land is located. Practical Difficulties Statement Applicant has completed the Practical Difficulties Documentation Form attached as Exhibit A, and should be asked for additional testimony regarding the application. Analysis The City code identifies a 35% maximum hardcover for Tier 3 districts on the Stormwater Quality Map. The shoreland overlay district highlights the importance for protecting lakes and waterways and allows for development in small nonconforming lots to not exceed 25%. Allowing a lot area and lot width variance permits the parcel to meet the Tier 3 standards of 35% hardcover. Staff feels a Tier 3 parcel which does not abut the lake or any waterways, meets the intent and purpose of the comprehensive plan and will not create any negative impacts. Public Comments To date, no public comments have been received. Issues for Consideration Does the Planning Commission find that that the property owner proposes to use the property in a reasonable manner which is not permitted by an official control? Does the Planning Commission find that the variance(s), if granted, will not alter the essential character of the neighborhood? Are there any other issues or concerns with this application? Planning Staff Recommendation Staff finds there to be practical difficulties inherent with the property due to its size and width in the RR -113 District. The applicant's property had contained a single family residence for many decades. The ability to have the same type of hardcover amenities as other existing developed properties in the neighborhood would be limited if the area and width variances are not granted. If the commission concurs, a recommendation for approval should be made for the presented application. List of Exhibits Exhibit A. Practical Difficulties Documentation Form Exhibit B. Existing & Proposed Survey/Site Plan Exhibit C. Proposed Plans and Elevations Exhibit D. Submitted Hardcover Calculations Exhibit E. Project Narrative Exhibit F. Property Owners List and Map AGENDA ITEM Item No.: 12 Date: March 12, 2018 Item Description: Assignment of Development Agreement — Crystal Bay Business Center Presenter: Jeremy Barnhart, Community Agenda Consent Agenda Development Director Section: 1. Purpose. To approve an amendment to the Development Agreement for Crystal Bay Business Center changing the responsible party. 2. 15.99 Deadline Not applicable 3. Background/ Summary. The city and the developer of Crystal Bay Business Center (generally located in the southeast corner of Old Crystal Bay Road and Wayzata Blvd) entered into a Development Agreement on December 5, 2007. The developer was Ryan Companies. Since then, Ryan Companies sold their remaining interest to Crystal Cliff, LLC. At the time of the sale, Crystal Cliff, LLC replaced the financial guarantee original supplied by Ryan Companies. Crystal Cliff, LLC has asked to assume the rights and obligations of the Development Agreement, as amended. In response to this request, the City attorney has drafted an Assignment agreement which in effect amends certain sections of the Development, outlined in page 2 of the agreement. No changes to land use or character of the project is amended. 4. Staff Recommendation. Staff recommends approval of the amendment as drafted. COUNCIL ACTION REQUESTED Motion to accept the Assignment as drafted. Exhibits Exhibit A. Assignment document Prepared By: J. Barnhart Reviewed By: JS)�a Approved By: -Sb9a ASSIGNMENT ASSIGNMENT made this day of , 2018, by, between and among the CITY OF ORONO, a Minnesota municipal corporation ("City"), RYAN COMPANIES US, INC., a Minnesota Corporation ("Developer") and CRYSTAL CLIFF, LLC, a Minnesota limited liability company ("Successor Developer"). RECITALS A. The City and Developer entered into a Development Agreement for platting and development of Crystal Bay Business Center dated December 5, 2007, filed December 27, 2007, with the Office of the Registrar of Titles for Hennepin County, Minnesota as Document No. 4457476 and recorded December 27, 2007 with the Office of the County Recorder for Hennepin County, Minnesota as Document No. 9079458, as amended by a Second Amendment to Development Agreement dated September 26, 2011, filed December 30, 2011, with the Office of the Registrar of Titles for Hennepin County, Minnesota as Document No. T4914548 and recorded December 30, 2011 with the Office of the County Recorder for Hennepin County, Minnesota as Document No. A9732423, and as amended by an Amendment to Development Agreement dated March 6, 2014, filed March 28, 2014 with the Office of the Registrar of Titles for Hennepin County, Minnesota as Document No. T05161145 and recorded April 24, 2014 with the Office of the County Recorder for Hennepin County, Minnesota, as Document No. A10073102 and as amended by a Fourth Amendment to Development Agreement dated September 9, 2014, filed September 22, 2014 with the Office of the Registrar of Titles for Hennepin County, Minnesota as Document No. T05201445 and recorded September 23, 2014 with the Office of the County Recorder for Hennepin County, Minnesota, as Document No. A10120033 (collectively, as amended, "Development Agreement"). B. Developer has requested the Development Agreement be assigned to Successor Developer for the property legally described as Lot 1, Block 1, Crystal Bay Business Center, Hennepin County, Minnesota, according to the recorded plat thereof ("Property"). C. Successor Developer has acquired the Property and has asked to assume the rights and 196504A 1 obligations of the Development Agreement. D. Paragraph 21.K. of the Development Agreement prohibits Developer from assigning the Development Agreement without written permission of the City Council. NOW, THEREFORE, IN CONSIDERATION OF THEIR MUTUAL COVENANTS THE PARTIES AGREE AS FOLLOWS: 1. ASSIGNMENT. Developer's rights and obligations under the Development Agreement are assigned to the Successor Developer subject to the terms of this Assignment. Successor Developer shall be responsible for all legal expenses related to this Assignment. Successor Developer accepts the assignment and agrees to be bound by the terms of the Development Agreement. 2. BINDING EFFECT. Successor Developer agrees to be bound by the Development Agreement to the same extent as if it had been the original party to the Development Agreement. Successor Developer shall be responsible for all work previously performed by Developer under the Development Agreement. 3. CASH ESCROWS AND UNPAID BILLS. Cash escrows established by Developer for remaining work required under the Development Agreement are hereby assigned to Successor Developer. Any unpaid bills or obligations of Developer that are due or that may become due under the Development Agreement are assumed by Successor Developer. 4. NOTICES. Required notices to the Successor Developer shall be in writing, and shall be either hand delivered to Successor Developer, its employees or agents, or mailed to Successor Developer by registered mail at the following address: Crystal Cliff, LLC Attn: Clifford L. Otten 2350 West Wayzata Boulevard Long Lake, MN 55356 5. EFFECTIVE DATE. This Assignment shall be effective when the City has received from Successor Developer: a certificate of insurance in the amount and on the form required by the Development Agreement and a letter of credit from a bank acceptable to the City for $400,346.73 as required by the Development Agreement replacing the letter of credit furnished by Developer. 6. RECORDING. This Assignment may be recorded against the Property and is binding upon the parties, their successors, heirs, and assigns. [Remainder of page intentionally left blank] [Signature pages to follow] 196504A 2 CITY OF ORONO m STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) Dennis Walsh, Mayor Anna Carlson, City Clerk The foregoing instrument was acknowledged before me this day of 20 , by Dennis Walsh and by Anna Carlson, the Mayor and City Clerk of the City of Orono, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. Notary Public 196504A DEVELOPER: RYAN COMPANIES US, INC. 1.2 STATE OF MINNESOTA ) ( ss. COUNTY OF HENNEPIN ) Mark Nordland, Its Vice -President The foregoing instrument was acknowledged before me this day of , 20 , by Mark Nordland the Vice -President of Ryan Companies US, Inc., a Minnesota corporation, on its behalf. Notary Public 196504A 4 SUCCESSOR DEVELOPER: CRYSTAL CLIFF, LLC M. STATE OF MINNESOTA ) ( ss. COUNTY OF HENNEPIN ) Clifford L. Otten, Manager The foregoing instrument was acknowledged before me this day of , 20 , by Clifford L. Otten the Manager of Crystal Cliff, LLC, a Minnesota limited liability corporation, on its behalf. Notary Public DRAFTED BY: CAMPBELL KNUTsoN Professional Association Grand Oak Office Center I 860 Blue Gentian Road, Suite 290 Eagan, Minnesota 55121 Telephone: (651) 452-5000 ABS 196504v1 5 AGENDA ITEM Item No.: 13 Date: March 12, 2018 Item Description: Local 12 Collective Bargaining Agreement Presenter: Dustin Rief, Agenda Consent Agenda City Administrator Section: 1. Purpose. Revise to language discrepancies in the agreement with the Local 12 Union 2. Background. The City Administrator and Union identified two sections of the agreement that required additional clarification and correction based on negotiation notes. a. Clarification on the language related to current practice, state statute, and language regarding employee lunches, Section 6.01 b. Revision of language accidentally excluded from the final revised copy regarding promotion probation time frame. Changing from 12 months to 3 months. Section 13.06 3. Staff Recommendation. Recommend Approval COUNCIL ACTION REQUESTED Motion to Repeal and Replace Agreement with Office and Professional Employees International Union, Local No. 12 AFL-CIO and the City of Orono. Exhibits Exhibit A: 2018-2020 Pay Scales References Exhibit A. Local 12 CBA Adopted 2-26-2018 Prepared By: -T9X Reviewed By: -�bja Approved By: -19a AGREEMENT CITY OF ORONO, MN AND OFFICE AND PROFESSIONAL EMPLOYEES INTERNATIONAL UNION, LOCAL NO. 12, AFL-CIO Effective January 1, 2018 through December 31, 2020 196142v2 Table of Contents Paae Number Article 1 Purpose 1 Article 2 Recognition of Exclusive Representative 1 Article 3 Definitions 1 Article 4 Employer Rights 1 Article 5 Union Security 2 Article 6 Hours of Service 3 Article 7 Grades and Classifications 3 Article 8 Compensation 4 Article 9 Group Insurance 4 Article 10 Leaves of Absence 6 Article 11 Vacations 8 Article 12 Holidays 8 Article 13 Vacancies and Job Posting 8 Article 14 Seniority 9 Article 15 Discipline, Discharge and Probationary Period 9 Article 16 Grievance Procedure 9 Article 17 Miscellaneous 11 Article 18 Duration 12 Addendum — Three Letters of Understanding 14 Exhibit A — Salary Scales 196142v2 AGREEMENT ARTICLE 1 PURPOSE 1.01 Parties: THIS AGREEMENT is entered into between the Employer, City of Orono and the Office and Professional Employees International Union, Local No. 12, AFL-CIO (herein after referred to as the Union) pursuant to and in compliance with the Public Employment Labor Relations Act of 1971, as amended (hereinafter referred to as the P.E.L.R.A.) to provide the terms and conditions of employment for office, clerical and professional employees during the duration of this Agreement. ARTICLE 2 RECOGNITION OF EXCLUSIVE REPRESENTATIVE 2.01 Recognition: In accordance with the P.E.L.R.A., the Employer recognizes the Office and Professional Employees International Union, Local No. 12, AFL-CIO, as the exclusive representative for office, clerical and professional employees employed by the City of Orono which exclusive representative shall have those rights and duties as prescribed by the P.E.L.R.A. and as described in the provisions of this Agreement. 2.02 Appropriate Unit: The union shall represent all such Employees of the Employer contained in the appropriate unit as defined in Section 3.02 of this Agreement and the P.E.L.R.A. and in certification by the Director of Mediation Services, Case No. 17PCE0829. ARTICLE 3 DEFINITIONS 3.01 Terms and Conditions of Employment: Terms and conditions of employment mean the hours of employment, the compensation therefore including fringe benefits, except retirement and contributions or benefits, and the Employer's personnel policies affecting the working conditions of the Employees. 3.02 Appropriate Unit: For purposes of this Agreement, the appropriate unit shall mean office, clerical and professional employees employed by the City of Orono excluding the following: confidential employees and supervisory employees. 3.03 Employer/City of Orono: Any reference to the Employer in this Agreement shall mean the City of Orono or its designated officials or representatives. 3.04 Exempt Employee: Employee meeting the classification of exempt under the Federal Labor Standard Act of which do not qualify for overtime compensation. 3.05 Nonexempt Employee: All Employees not meeting exempt criteria as outlined in the Federal Labor Standard Act. 3.06 Overtime: Overtime is defined as all hours in pay status in excess of forty (40) hours per week. 3.07 Days: For purposes of this Agreement, the term days shall mean calendar days unless otherwise noted. 3.08 Probationary Employee: Employee in the initial stage of employment as outlined in Article 15 3.09 Regular Employee: Employee which has successfully completed the probationary period. 3.10 Full Time Employee: a City employee who is employed on a schedule that averages at least 40 hours per week per calendar year and excludes elected officials, part-time employees and seasonal employees. 3.11 Part-time Employee: Employees on a schedule of less than 40 hours per week 1 196142v2 3.12 Seasonal Employee: Employee who is hired for a season or temporary time period 3.13 Department Head: The positions of department head are as follows: Public Works Director, City Clerk, Community Development Director, Finance Director and Police Chief 3.14 Years of Service: is the based on the date of hire or adjusted date of hire. It is calculated as follows first year of service is from date of hire to first anniversary. Example 5th year of service equals 411 anniversary date plus 1 day thru the 5th anniversary date. 3.15 Other Terms: Terms not defined in this Agreement shall have those meanings as defined by the P. E. L. R. A. ARTICLE 4 EMPLOYER RIGHTS 4.01 Inherent Managerial Rights: The Union recognizes that the Employer is not required to meet and negotiate on matters of inherent managerial policy, which include, but are not limited to, such areas of discretion or policy as the functions and programs of the Employer, its overall budget, utilization of technology, the organizational structure and selection and direction and number of personnel, and all management rights and management functions not expressly delegated in this Agreement are reserved to the Employer. 4.02 Management Responsibilities: The union recognizes the right and obligation of the Employer to efficiently manage and conduct the operation of the City of Orono within its legal limitations and with its primary obligation to provide citizens of Orono services. 4.03 Effect of Laws, Rules and Regulations: The parties recognize that all Employees covered by this Agreement shall perform the services and duties prescribed by the Employer rules, regulations, directives, and orders issued by properly designated officials of the Employer, insofar as such rules, regulations, directives, and orders are not inconsistent with the terms of this Agreement and recognizes that the Employer, all Employees covered by this Agreement, and all provisions of this Agreement are subject to the laws of the State. 4.04 Employer Security: The Union agrees that during the life of this Agreement neither the Union, its officers or agents, nor any of the Employees covered by this Agreement, will engage in, encourage, participate in, or support any strike, sympathy strike, slowdown, or other interruption of or interference with the normal functions of the Employer, except as specifically allowed by Public Employment Labor Relations Act of 1971, as amended. ARTICLE 5 UNION SECURITY 5.01 Right to Dues Check -Off: Employees shall have the right to dues check -off to the union, provided that dues check -off and the proceeds thereof shall not be allowed any organization that has lost its right to dues check -off. 5.02 Procedure: The Employer shall deduct an amount sufficient to provide the payment of regular dues and/or other union approved deductions established by the Union, from the wages of Employees. Employees shall provide authorization, in writing, of such deduction on a form mutually agreed upon by the Employer and the Union. The deduction of dues shall commence 30 working days after initial employment with the Employer. The Employer shall remit monthly such deduction to OPEIU Local 12, (2277 Hwy 36 W, Suite 150, Roseville, MN 55113-3830) with a list of the names of the Employees from whose wages deductions were made, along with pertinent Employee information necessary for the collection and administration of union dues, preferably in an Excel formatted report that may be electronically transmitted. The Union shall certify to the Employer, in writing, the current amount of regular dues to be withheld. The Union shall provide the formula to calculate the actual dues deduction to the Employer. 2 196142v2 5.03 Fair Share Fee: The Union shall collect a Fair Share Fee, in an amount determined by the Union, from bargaining unit members who choose not to become members of the Union. However, any such fees so collected by the Union shall be accomplished in accordance with the applicable terms of Minn. Stat. Sect. 179A.06 Subd. 3. 5.04 Hold Harmless: The Union agrees to indemnify and hold the Employer harmless against any and all claims, suits, orders, or judgements brought or issued against the Employer by a union member as a result of any action taken by the Employer under all provisions of this Agreement pertaining to dues or other union approved deductions. 5.05 Stewards: The Union may designate up to two Employees from the Bargaining Unit to act as stewards and will inform the Employer in writing of such choices and changes in the position of stewards immediately. 5.06 Union Announcements: The Employer will make space available on a workplace bulletin board for the posting of union notices and announcements and any others pertinent union information. 5.07 Reasonable Time: With advance notice to the Employee's immediate supervisor, the Employer agrees that during working hours, on the Employer's premises, and without loss of pay, the local union business agent or designated union representative shall be allowed reasonable time, which does not unduly interfere with his/her normal duties, to: post union notices and announcements or consult with the Employer, its representative, local union officers, or other union representatives concerning grievances. Employees must keep track of their time spent on union activities during the workday so that time can be reviewed for reasonableness by the Employer. 5.08 Employer Voicemail and Email: The Employer shall permit union officers to utilize Employer voicemail and email systems only for the purpose of notifying union members of union membership meetings. Union officials may come onto the Employer's property to conduct union business but only after reasonable advanced notice to the Employer and only when it does not interfere with Employees' work duties. ARTICLE 6 HOURS OF SERVICE 6.01 Work Week/Day: The normal work week for Employees shall consist of five days a week. The normal work day for full-time Employees shall be eight consecutive hours. Employees working eight consecutive hours shall receive a duty free 30 minute unpaid lunch break, and a 15- minute mid-morning, and a 15 -minute mid-afternoon break. Breaks and meal period may be combined. The City will be flexible with work hours with respect to City meetings and duties outside of regular work hours. 6.02 Overtime Pay: Overtime is defined as all hours worked by nonexempt employees in excess of forty hours per week Monday — Friday. All hours worked by nonexempt employees on Saturday and Sunday shall be paid at one and one half (1 '/2) times Employee's regular rate of pay, with a two hour minimum. For all hours worked in excess of forty hours per week, nonexempt Employees have the option to use this time as compensatory time or paid overtime. 6.03 Compensatory Time: Nonexempt Employees shall be permitted to accumulate hours worked over forty hours (40) as accumulated compensatory time. Accumulated compensatory time carryover limit is forty hours (40) per pay period. Employees shall be eligible to use all compensatory time at the end of the calendar year with mutual agreement of the employer and employee. Prior to December 31St of each year, a nonexempt Employee must cash out all but twenty (20) hours of compensatory time and those remaining hours not used remain available for use in the following year. 6.04 Flexible Hours of Service: By mutual agreement between the Employer and Employee work hours may be flexible. 3 196142v2 ARTICLE 7 GRADES AND CLASSIFICATIONS 7.01 Grades: For the purpose of salary determination, the classifications of office, professional and clerical Employees will be as follows: Grade 2 Community Service Officer Grade 5 Admin Support Grade 6 Payroll Utility Billing Clerk Grade 7 Planning Assistant, Management Assistant Grade 10 Accountant, IT Technician Grade 11 City Planner Grade 12 City Planner -Senior 7.011 Exempt Positions: For the purposes of overtime determinations the following positions are classified as Exempt, and thereby not eligible for overtime: Grade 10 Accountant, IT Technician Grade 11 City Planner Grade 12 City Planner -Senior 7.02 Anniversary Date: Employees hired after the execution of this agreement shall progress on the scale (steps) on the anniversary date of their hire. Current Employees will remain on current schedule of adjusted anniversary dates. 7.03 COLA: The Cost of Living Adjustment for this contract shall be: 2.5% increase for 2018; 2.5% increase for 2019; and 2.5% increase for 2020. 7.04 Pay Grade Scale: See Exhibit A. ARTICLE 8 COMPENSATION 8.01 Initial Placement: New Employees will be placed on the salary schedule as agreed between the Employee and the Employer. However, initial placement shall not exceed the 3rd step, and placement above the initial step shall be done only upon notification to the Union by the City Administrator and placement shall be subject to the provisions of Article 16 of this Agreement. 8.011 Pay Changes: An Employee moving to a position of a lower grade shall be placed in the new grade on the same step as occupied in the previous grade. An Employee promoted to a higher grade shall in no situation lose pay and shall receive a minimum of a 10% increase in pay. 8.02 Paydays: Paydays shall be on a biweekly schedule. When a payday falls on a holiday, checks will be issued on the previous workday. Exception: Christmas holiday falls on Tuesday or Wednesday. If exception is met a minimum of a 7 day notice will be provided to Employees. 8.03 Comparable Worth: The wages provided herein may be increased during the term of this contract for purposes of complying with the conditions of M.S. 471.991 through 471.998 as amended. 8.04 Longevity Pay: Beginning on the anniversary of the Employee's 8th year of service, a longevity incentive will be applied to the hourly rate/salary of the Employee. The Employee shall receive $0.05 per hour per year of service 8 years and above as a longevity incentive. This will be effective July 1, 2018 and will be adjusted at the employment anniversary of each Employee. This will be added to the Employee's hourly wage and is based on 2080 working hours per year. Sample calculations: 8 (years of service) x $0.05 = $0.40; Longevity pay = $0.40 x 2080 = $832 17 (years of service) x $0.05 = $0.85; Longevity pay = $0.85 x 2080 = $1,768 4 196142v2 8.05 Temporary Higher Rate: An Employee who is temporarily assigned a position in a higher rated job and who performs the major duties of the higher rated job for a period of more than 14 days, shall receive the rate of pay as outlined in the pay scale for all hours worked in the higher rated job. The assignment must be approved by the City Administrator. 8.06 Department Head: If a bargaining unit Employee is assigned to department head duties, they shall earn the starting step of department head pay. 8.07 Training: To keep staff knowledgeable and improve their skills to do their jobs better, Employees will be eligible to participate in training and professional development for coursework directly related to the job/position with prior approval of their supervisor, with the Employer paying for the training or professional development. ARTICLE 9 GROUP INSURANCE 9.01 Selection of Carrier: The selection of the insurance carrier and policy shall be made by the Employer. The City Administrator will meet and confer with the exclusive union representative upon request regarding this matter. 9.02 Insurances: The Employer's contribution per full-time Employee in accordance with Affordable Care Act receiving single health insurance coverage is $915.00 per month towards a cafeteria benefit plan that offers group health, life, long-term disability and dental insurance, for the years 2018, 2019, and 2020. The Employer's contribution per Employee receiving family health insurance coverage is $1330.00 per month towards a cafeteria benefit plan that offers group health, life, long-term disability and dental insurance, for the year 2018. For the years 2019 and 2020, the Employer's contribution per Employee receiving family health insurance coverage is the same amount of $1330.00 per month plus 50% of any increase in the family health insurance premium, toward a cafeteria benefit plan that offers group health, life, long-term disability and dental insurance, all of which is subject to the health insurance opt -out provisions set out in Paragraph 9.03. 9.03 Health Insurance Opt -Out Option: If a health insurance opt -out option is available with the City's group health insurance plan, an Employee who has health insurance through a group -sponsored plan elsewhere may elect to waive health insurance coverage. An Employee who waives health insurance coverage will receive, as the City's insurance contribution, the difference between the lowest cost single coverage health insurance plan and the City's single insurance contribution, as set out in paragraph 9.02, as an opt -out credit to use through the City's cafeteria benefit plan. 9.05 Life Insurance: The Employer will provide group term life insurance for each eligible Employee enrolled in and who qualifies for the Employer life insurance plan. Each eligible Employee may purchase additional group term life insurance policy through payroll deduction. 9.06 Involuntary Reductions: Continuation of Benefits: Full-time Employees whose hours are involuntarily reduced shall continue to receive full Employer contribution for insurance benefits. 9.07 Retirement - Continuation of Group Health and Dental Insurance This section applies to all Employees who retire on or after January 1, 1993, and participated in the Employer's group health and dental insurance program and met the requirements necessary to receive a disability benefit or an annuity from a Minnesota public pension plan other than a volunteer fire fighter plan. Minnesota law, Minn. Stat. Chapter 43A, provides that upon retirement, an eligible Employee and his or her covered dependents can participate in the group health/dental insurance program at the same premium rate as active Employees until age 65. Retirees who have continuously participated in the group insurance program since leaving employment and retirees who are currently continuing coverage through COBRA (Consolidation Omnibus Budget 5 196142v2 Reconciliation Act) can participate at the same premium rate as active Employees until age 65. The City will not contribute any money towards these benefits. Coverages and levels of benefits provided to retirees under age 65 and their dependents must be identical to that provided for active Employees and their dependents. Retirees age 65 and over may stay in the group indefinitely, but premium rates do not have to be pooled with the active Employee rates and retiree coverage does not have to be identical to active coverage. The retiree must pay the entire premium. Spouse and/or dependent coverage can be continued after retirement only if the Employee carried dependent coverage prior to retirement. Employees are not required to continue spouse and/or dependent coverage after retirement. 9.08 Eligibility: 9.081 Medical and Dental Insurance: To be eligible for the full dollar Employer contribution for single insurance, an Employee must be regularly employed at least 1560 hours per year. ARTICLE 10 LEAVES OF ABSENCE 10.01 Sick Leave: 10.011 Accrual - 12 -Month Employees: Sick leave with pay shall be granted to all probationary and regular Employees at the rate of one (1), eight (8) hour working day for each calendar month of full-time service. For this purpose, one (1) calendar month shall be any month in which an Employee is paid for twelve (12) or more working days (ninety-six [96] working hours). Regular part-time employees over 20 hours per week receive a prorated accrual based on hours worked relative to full-time hours worked. Seasonal/temporary Employees are not eligible for sick leave accrual benefits. Employees will not be allowed to accrue more than 960 hours (120 days) of sick leave. Once an Employee accrues 960 hours they will not accrue additional time unless the number of hours drops below 960. 10.012 Reporting: Each Employee shall be informed of their unused accrued sick leave on their paycheck. 10.013 Application: Sick leave shall be deducted from the accrued sick leave days earned by an Employee. If a holiday falls within the time an Employee is on paid sick leave, that day shall not be counted against accumulated sick leave. Sick leave pay shall be approved only upon submission of a request form. Such form shall be readily available at each Employee location. 10.014 Death of Employee's or Spouse's Family: All full-time regular Employees will be allowed up to 3 days paid funeral leave, if requested. This applies for the death of any immediate family, meaning: mother, father, spouse, child, aunt, uncle, niece, nephew, step -child, siblings, in-laws, and grandparents and grandchild. This time will not be deducted from any accruals of the Employee. 10.015 Sick Leave of Employee's or Spouse's Family and Illness: Pursuant to Minn. Stat. 181.9413, eligible Employees may use up to 160 hours of sick leave in any 12 -month calendar period for absences due to an illness or injury to the Employee's adult child, spouse, sibling, parent, grandparent, stepparent, parent -in-laws (mothers-in-law and fathers-in-law) and grandchildren (biological, adopted or foster grandchildren). This leave is inclusive of, not in addition to, the FMLA leave described in section 10.06. 6 196142v2 10.016 Donation of Sick Leave: With the express written approval of the City Administrator, City Employees having accrued sick leave will be allowed to donate a portion of such accrued sick leave to fellow Employees experiencing a major life threatening disease or condition suffered by the Employee, their spouse, or minor children. A major life threatening disease or condition shall include, but not necessarily be limited to heart attack, stroke, organ transplant, or life threatening illness or condition as defined by a physician's diagnosis A donation of sick leave from one Employee to another shall be subject to the following terms and conditions: 10.0161 An Employee is only eligible to receive donated sick leave for time lost from work due to a major life threatening disease or condition as described above, equal to the number of hours of time, not compensated by sick leave, vacation leave, or compensatory time, which the Employee would lose from his or her job due to the major life threatening disease or condition. 10.0162 An Employee will be eligible to receive donated sick leave only after the Employee's accrued sick leave, compensatory time, and vacation have been used by the Employee. 10.0163 No Employee will be allowed to receive more than twenty (20) days of donated sick leave for any single major life threatening disease or condition without the additional express approval of the City Administrator. 10.0164 An Employee may donate no more than sixteen (16) hours per calendar year to a single fellow Employee. This shall not be construed to prohibit donating sixteen (16) hours each per year to additional fellow Employees. 10.0165 A written request to donate sick leave must be made to the City Administrator on forms designated by the City for that purpose. 10.0166 The City Administrator shall have the right to deny use of donated sick leave or limit its use as shall be determined necessary and in the best interest of the City of Orono. 10.017 Bone Marrow or Organ Donation: A paid medical leave of absence of up to 40 hours may be granted to qualifying Employees per Minnesota Statues 181.945 for the purposes of undergoing a medical procedure to donate bone marrow or an organ. A physician's statement is required, verifying the purpose and length of leave requested. If there is a medical determination that the Employee does not qualify to donate bone marrow or an organ, the paid leave prior to that medical determination is not forfeited. 10.018 Severance Pay: Employees leaving the City in good standing by either retirement or resignation will receive 100% of their accrued vacation leave. Each Employee with at least three (3) years but less than twelve (12) years, of full time service will receive, upon termination of employment in good standing, one-third (1/3) of the Employee's accumulated sick leave as severance pay. Each Employee with twelve (12) years or more of service will receive, upon termination of employment in good standing, one-half (1/2) of the Employee's accumulated sick leave as severance pay. Applicable taxes will be withheld from the payments. Pay will be computed at the compensation level effective at the time of retirement or resignation. 10.019 Healthcare Savings Plan: Employees are eligible to participate in the Minnesota Post Employment Health Care Savings Plan (HCSP) established under Minn. Stat. § 352.98 and as outlined in the Minnesota State Retirement System's Trust and Plan Documents. All funds collected by the Employer on the behalf of the employee will be deposited into the Employee's post -employment health care savings plan account. Contributions to the Post Employment Health Care Savings Plan shall be made as follows: 7 196142v2 Employee Payroll Contribution: Employees with 0-5 years of service will contribute 0% of pay. Employees with over 5 years of service will contribute 1% of pay. Severance Contribution to Employment Health Care Savings Plan: Employees with 0-5 years of service will contribute 0% of severance pay. Employees with over 5 years of service will contribute 100% of severance pay. 10.02 Worker's Compensation: Employees receiving Worker's Compensation benefits because of job connected injury or sickness shall, if he/she assigns his/her check to the City, receive full wages for that period not to exceed 90 days and to the extent that Employee's sick leave is accrued. Or, if any Employee is receiving Worker's Compensation benefits and does not assign his/her check, he/she will be paid for the difference between the Workers' compensation allowance and his/her regular weekly pay for a period not to exceed 90 days and to the extent that Employee's sick leave is accrued. 10.03 Medical Leave: See FMLA Criteria in 10.06. 10.04 Child Care Leave of Absence: 10.041 Eligibility: A pregnant Employee shall have all rights for which they qualify under this contract, which may include accrued sick leave, short-term disability, long-term disability, and any other rights afforded under this contract for disability due to pregnancy, delivery, and recovery. 10.042 Length: Any full-time Employee shall have the right to receive a child care leave of up to six (6) months without pay or fringe benefits and without loss of seniority, subject to the provisions of this article for the purpose of maternity, adoption, or combination thereof. This leave is inclusive of, not in addition to, the FMLA leave described in section 10.06. 10.043 Notice: The Employee applying for the provisions of this article shall give the Employer notice in writing of the request for child care to anticipated commencement of leave and shall present therewith the written medical certification from the physician of the Employee's pregnant condition and of the Employee's expected date of delivery, and/or evidence of adoption or pre-school child care. 10.044 Retention of Benefits: If the Employee qualifies and returns to work in accordance with the above, either to the Employee's original job or to a position of like status and pay, the Employee will be given credit for the seniority accrued up to the time of leaving as well as the seniority the Employee would have accrued had the Employee been available for work during the period of the Employee's absence. 10.045 Conformance to Law: The provisions of this section are subject to such amendment or modification as may be required to comply with any future applicable state or federal laws or regulations which may become binding upon the parties hereto. 10.05 Military Leave: Military leave shall be granted pursuant to applicable laws. 10.06 Federal Family and Medical Leave: Leaves shall be granted to eligible Employees in accordance with the Federal Family and Medical Leave Act (FMLA), as amended. 10.07 Closing Due to Adverse Weather Conditions: When it is necessary to close operations due to adverse weather conditions, Employee will be paid for the hours closed as approved at the discretion of the City Administrator. When City office remain open, those Employees who are unable to report to work may take their unused vacation leave to make up for time lost. 196142v2 ARTICLE 11 VACATIONS 11.01 Earned Vacation Accruals: 0-5 years of service earn 10 days of vacation time 6-10 years of service earn 15 days of vacation time 11-15 years of service earn 18 days of vacation time 16 years of service earn 19 days of vacation time 17 years of service earn 20 days of vacation time 18 years of service earn 22 days of vacation time 19 years of service earn 23 days of vacation time 20+ years of service earn 24 days of vacation time 11.02 Usage and Reporting: Employees may not accrue more than 240 hours of vacation, at the end of the fiscal year. Each Employee shall be informed of their unused accrued vacation on their paycheck. Vacation can be used after 6 months of service, from start date. Regular part-time employees over 20 hours per week receive a prorated accrual based on hours worked relative to full-time hours worked. Seasonal and temporary employees are not eligible. ARTICLE 12 HOLIDAYS 12.01 Full-time: Full-time Employees shall be granted twelve (12) paid holidays as follows: New Year's Day Martin Luther King Jr. Day Presidents Day Memorial Day Independence Day Labor Day Veterans Day Thanksgiving Day Day After Thanksgiving Day Business Day Before Federal Christmas Holiday Federal Christmas Holiday Floating Holiday (1) Employee option if not designated by the City. ARTICLE 13 VACANCIES AND JOB POSTING 13.01 Posting of Vacancies: All permanent vacancies in the appropriate unit shall be posted. 13.02 Application for Vacancies: All Employees under this agreement, including those on lay-off status, may submit application in writing for any vacancy which is posted pursuant to this Article. 13.03 Remote Notice: All Employees who are not actively working may access the City of Orono website. 13.04 Filling Vacancies: Notice of the candidate selected to fill the vacancy shall be given to the designated steward and the Union office upon submission of the information to payroll. 13.06 Promotion Positions: 13.061 For purposes of this section, a promotion is defined as moving to a classification involving an increase in pay per hour. 13.062. Promotion probationary period will be three (3) months, during which time Employees may be 9 196142v2 reassigned to their previous position at Employer's discretion. 13.07 Trial Period: New Position: Within the first three (3) months actually worked in the new position, the Employee has the right to return to the position formerly held. ARTICLE 14 SENIORITY 14.01 Seniority: Seniority will be determined by an Employee's length of continuous full time service with the Employer and posted in an appropriate location. Seniority will be a factor for transfers, promotions, and layoffs when all job -relevant qualification factors are equal. 14.02 Layoffs: The Employer shall determine the position(s) in the classification which are to be eliminated provided, however, that all Employees in the temporary and part-time positions shall be laid off before regular Employees. Layoffs shall be in reverse seniority order provided Employee can perform work available. ARTICLE 15 DISCIPLINE, DISCHARGE AND PROBATIONARY PERIOD 15.01 Probationary Period: An Employee under the provisions of this Agreement shall serve a probationary period of 180 days (6 months) of continuous service with the Employer during which time the Employer shall have the unqualified right to suspend without pay, discharge, or otherwise discipline such Employee: and during this 6 month probationary period, the Employee shall have no recourse to the grievance procedure, insofar as suspension, discharge, or other discipline is concerned. By mutual agreement between Employer and Union the probationary period may be extended an additional 90 days. However, a probationary Employee shall have the right to bring a grievance on any other provision of the contract alleged to have been violated. 15.02 Completion of Probationary Period: An Employee who has completed the probationary period may be suspended without pay, discharged, or disciplined only for cause. An Employee who has completed the probationary period and is suspended without pay, discharged, or otherwise disciplined shall have access to the grievance procedure. ARTICLE 16 GRIEVANCE PROCEDURE 16.01. Grievance Definition: A "grievance" shall mean an allegation by an Employee resulting in a dispute or disagreement between the Employee and the Employer as to the interpretation or application of terms and conditions of employment insofar as such matters are contained in this Agreement. 16.02. Representative: The Employee or Employer may be represented during any step of the procedure by any person or agent designated by such party to act in his behalf. 16.03. Time Limitation and Waiver: Grievances shall not be valid for consideration unless the grievance is submitted in writing and on forms provided, to the City Administrator setting forth the facts and the specific provisions of the Agreement allegedly violated and the particular relief sought within twenty-one (21) business days after the date the event giving rise to the grievance occurred. Failure to file any grievance within such period shall be deemed a waiver thereof. Failure to appeal a grievance from one level to another within the time periods hereafter provided shall constitute a waiver of the grievance. 16.04. Adjustment of Grievances: An effort shall first be made to adjust an alleged grievance informally between the Employee and the immediate supervisor. If this effort is unsuccessful, the grievance shall then be adjusted in the following manner: 10 196142v2 Level I: If the grievance is not resolved through informal discussions, the immediate supervisor shall give a written decision on the grievance to the parties involved within ten (10) business days after receipt of the written grievance. Level II: In the event the grievance is not resolved in Level I, the decision rendered may be appealed to the City Administrator, provided such appeal is made in writing within five (5) business days after receipt of the decision in Level I. If a grievance is properly appealed, Employer shall set a time to meet regarding the grievance within fifteen (15) business days after receipt of the appeal. Within ten (10) business days after the meeting, the City Administrator or his designee shall issue a decision in writing to the parties involved. 16.05. Arbitration Procedures: In the event that the Employee, the Union and the Employer are unable to resolve any grievance, the grievance may be submitted to arbitration as defined herein: 16.051. Request: A request to submit a grievance to arbitration must be in writing signed by the aggrieved party, and such request must be filed in the office of the City Administrator within twenty (20) business days following the decision in Level II of the grievance procedure. 16.052. Prior Procedure Required: No grievance shall be considered by the arbitrator which has not been first duly processed in accordance with the grievance procedure and appeal provisions. 16.053. Selection of Arbitrator: Upon the proper submission of a grievance under the terms of this procedure, the parties shall within ten (10) business days after the request to arbitrate attempt to agree upon the selection of an arbitrator. If no agreement on an arbitrator is reached, either party may request the Bureau of Mediation Services to furnish a list of five (5) arbitrators. The parties will alternately strike names from the list of arbitrators until only one (1) name remains. The employee will strike the first name. The remaining arbitrator will hear and decide the grievance. The request shall ask that the appointment be made within thirty (30) business days after the receipt of said request. Failure to agree upon an arbitrator or the failure to request an arbitrator from the Bureau of Mediation Services within the time periods provided herein shall constitute a waiver of the grievance. 16.054. Submission of Grievance Information: Upon appointment of the arbitrator, the parties shall provide the arbitrator the submission of the grievance which shall include the following: 1. The issues involved. 2. Statement of facts. 3. Position of the grievant. 16.055. Hearing: The grievance shall be heard by a single arbitrator and both parties may be represented by such person or persons as they may choose and designate, and the parties shall have the right to a hearing at which time both parties will have the opportunity to submit evidence, offer testimony, and make oral and written arguments relating to the issues before the arbitrator. The proceeding before the arbitrator shall be a hearing de novo. 16.056. Decisions: The decision by the arbitrator shall be rendered within thirty (30) business days after the close of the hearing. Decision by the arbitrator in cases properly before him/her shall be final and binding upon the parties, subject however, to the limitations of arbitration decisions as provided by the PELRA. 16.057. Expenses: Each party shall bear its own expenses in connection with arbitration, including expenses relating to the party's representatives, witnesses, and any other expenses which the party incurs in connection with presenting its case in arbitration. A transcript or recording shall be made of the hearing at the request of either party and the cost shall be borne by the requesting party or, if the request is mutual, the cost shall be shared. The parties shall share equally fees and expenses of the arbitrator and any other expenses which the parties mutually agree are necessary for the conduct of the arbitration, provided that each party shall be responsible for compensating its own representatives and 11 196142v2 witnesses.. 16.058. Jurisdiction: The arbitrator shall have jurisdiction over disputes or disagreements relating to grievances properly before the arbitrator pursuant to the terms of this procedure. The jurisdiction of the arbitrator shall not extend to proposed changes in terms and conditions of employment as defined herein and contained in this written Agreement; nor shall an arbitrator have jurisdiction over any grievance which has not been submitted to arbitration in compliance with the terms of the grievance and arbitration procedure as outlined herein. 16.06. Waiver: If a grievance is not presented in the manner and within the time limits set forth above, it shall be considered waived. If a grievance is not appealed to the next step in the manner and within the specific time limit set forth above, it shall be considered settled on the basis of the Employer's last offer. Employer will act in good faith to answer a grievance within the time limits set forth above. If the Employer does not answer a grievance within the time limits set forth above, it is deemed denied. ARTICLE 17 DISCIPLINE 17.01. Progressive Discipline: 17.011 The Employer will discipline non -probationary Employees for just cause only. Discipline will be in one (1) or more of the following forms: A. Oral reprimand B. Written reprimand C. Suspension D. Demotion, or E. Discharge 17.012 Written reprimands, notices of suspensions, notices of demotion and notices of discharge which are to become part of an Employee's personnel file will be read and acknowledged by signature of the Employee. Employee and the Union will receive a copy of such reprimands and/or notices. After 24 months written reprimands will be removed from the Employee's personnel file. 17.013 Employees may examine their own individual personnel files once every six months in accordance with the data practice act. 17.014 Employees will not be questioned concerning an investigation of disciplinary action unless the Employee has been given adequate opportunity to have a Union representative present at such questioning. 17.015 Grievances relating to this article shall be initiated by the Union at Level 2 of the grievance procedure under Article 16 of this Agreement. ARTICLE 18 MISCELLANEOUS 18.01 Jury Duty Pay: An Employee who is called for jury duty will be reimbursed for the difference between the amount paid for such services and the Employee's straight time hourly rate for regularly scheduled hours of work during the period of service. Employees will be expected to report for their regular duties when temporarily excused from attendance at court. Such Employees shall not suffer any loss of seniority during such absences. 18.02 Automobile: A mileage allowance, as set by the IRS rates, shall be paid for authorized use of personal cars in connection with Employer business. 12 196142v2 18.03 Bond: Should the Employer require that any Employee covered under this Agreement be bonded, the premium on such bond shall be paid by the Employer. 18.04 Notices to Union: All orders or notice to an Employee under this Agreement involving a permanent change in assignment, promotion, or lay-off, and leaves of absences shall be given in writing with a copy of same sent to the union office. 18.05 Deferred Compensation: The City shall offer a deferred compensation plan to Employees. 18.06 Union Stewards: The Employer recognizes the right of the Union to designate stewards from the Employees to handle such Union business as may from time -to- time be delegated to such stewards or committee by the Union's executive board. 18.07 Application of Benefits: It is understood and agreed by the parties that Insurance Benefits (Article 9), Leave Provisions (Article 10), Vacations (Article 11), and full Holidays (Article 12) are benefits designated for Employees performing services 30 hours per week. 18.08 New Positions: In the event the Employer creates new positions in the appropriate unit that are not covered by the present classification structure in the Agreement, prior to establishing the position, the Employer shall indicate to the Union the proposed classification and structure of the position and in the event of disagreement, the Union shall have the right to meet and negotiate pursuant to the P.E.L.R.A. on the compensation for such position. For purposes of this provision, in the event of impasse, the impasse procedures of the P.E.L.R.A. may be utilized. 18.09 Involuntary Reductions: Full-time Employees whose hours are involuntarily reduced shall receive pro - rata leave, vacation and holiday benefits. 18.10 Status Change: In the event an existing position is proposed to be reduced from full- time to part-time, the Employer will discuss such reduction with the Union prior to implementation. 18.11 Waiver: The parties mutually acknowledge that during the negotiations which resulted in this Agreement, each had the unlimited right and opportunity to make demands with respect to any term or condition of employment not removed by law from bargaining. All agreements and understandings arrived at by the parties are set forth in writing in this Agreement. The Employer and the Union each voluntarily waives the right to meet and negotiate regarding any and all terms and conditions of employment, whether or not referred to or covered by this Agreement, even though such terms or conditions may not have been within the knowledge or contemplation of either or both of the parties at the time that this contract was negotiated or executed. ARTICLE 19 DURATION 19.01 Terms and Reopening Negotiations: This Agreement shall remain in full force and effect for a period commencing January 1, 2018 through December 31, 2020 and thereafter pursuant to the P.E.L.R.A. If either party desires to modify or amend this Agreement commencing on January 1, 2018, it shall give written notice of such intent no later than 60 days before the expiration of the Contract. 19.02 Effect: This agreement constitutes the full and complete Agreement between the Employer and the exclusive representative. The provisions herein relating to terms and conditions of employment supersede any and all prior agreements, resolutions, practices, Employer policies, rules, or regulations concerning terms and conditions of employment inconsistent with these provisions. 19.03 Finality: Any matters relating to the current contract term, whether or not referred to in this Agreement, shall not be open for negotiation during the term of this Agreement except if mutually agreed by the parties. 13 196142v2 19.04. Severability: The provisions of this Agreement shall be severable, and if any provision thereof or the application of any such provision under any circumstances is held invalid, it shall not affect any other provision of this Agreement or the application of any provision thereof. IN WITNESS WHEREOF, the parties have executed this Agreement as follows: Office and Professional Employees City of Orono International Union, Local 12, AFL-CIO 2277 Highway 36, Suite 150 Roseville, MN 55113 By By Business Agent Dated By 14 196142v2 Addendum to CBA 1. Letter of Understanding between OPEIU Local 12 and the City of Orono The Employer has committed to initializing a wage study regarding positions within this bargaining unit in 2018. The purpose of this wage study is to determine if the Employer is compliant with the Minnesota Statute pertaining to Comparable Worth, also the study will assist in determining whether job classifications within the bargaining unit are comparable to similar jobs within the Twin Cities area job market. The Collective Bargaining Agreement shall be reopened for wages only, after the wage study has been completed and evaluated by both parties. Lance Lindeman, Business Representative Dustin Rief, Orono City Administrator OPEIU Local 12 2. Letter of Understanding between OPEIU Local 12 and the City of Orono This Letter of Understanding is in regard to the employment and hourly rate of pay for Mike Wocken, Community Service Officer. At the request of Mr. Wocken, his pay shall remain at Grade 1 in the pay scale. Also at Mr. Wocken's request, and with a 30 day notice, he shall be moved to Grade 2 consistent with anyone newly hired as a Community Service Officer as was agreed upon between the parties. Mr. Wocken will move to the same step in Grade 2 as he was in Grade 1. Lance Lindeman, Business Representative Dustin Rief, Orono City Administrator OPEIU Local 12 3. Letter of Understanding between OPEIU Local 12 and the City of Orono This Letter of Understanding is in regard to the application of longevity pay for Sandy Pettit, Utility Billing Clerk. Beginning January 1, 2018, Ms. Pettit will begin receiving longevity pay based on the formula outlined in 8.04 Longevity Pay of this Contract. 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M d' CA W d' Q O co O O N (O O co I- (O (D d' d' d' V) (O (O (0 CD CO N - co c) O O N d' W d' M I -- CD Cn N (0 N CO CO M N co In 00 O (n O N M CO Ow O N d' M W = N N N N N N M M M M M d' O (O CO CO O m M O O 7 C N O CO Cl) N Cl) O O CO h M O CO d' N Cn W cl� I- C I� N C� oc N O CO N_ N d' M Q (n N 4 I- O d' P -(n C) Cl) 00 COCl d' d' d' u7 CO (O (fl (D (0 r r CO O M CD O L O O M M O Cn O N d' M h M M (O h = N N N N N N N M co Cl) M (O N O O CO d' co co It 00 O M (n O In (O O M O co (o CO C CO co M N N r -NO_ N co CO I� O O (D O C CO Cn L M M d' oc M N ([) O N Q co O M c0 O N u') O M I- (0 d' (O LO (O co (0 r _N Cn - N O (O m M d' Ln t` 00 Il - (O h CA N I� N ao to M M M CO O W Cn O N M CO M CO O N V co = N N N N N N co CO M M O M to m I-- O V) O co N O O d' O Ln M d' Cl) I- O M O O 0 C (0 CO O Nr I- CO M d' O O m CO O N 00 It (n (O CO N co C M P- N Cn W O (C N M h `- Q 0) N d' I.- O VLO O M Cl)CL co d' d' d' (f) (O (O (fl (D co ti O) - O M N O h M O (D CA M (D O d' O I� d' M M d' O O CO d' M t` CA CO CO = N N N N N N N M M co r 0 M N r- M m co co CO r0 C) 7 c0 a0 co O O Mr- V CO V (D C= C co N d' Ln O O N (fl d' Cl M N (7 LQ o aD d' V M N C\ N O (17 Q O M M (D M N (O O Cl) I- N M M V d' d' d' (O CO CO (D O r Cn N co N t` d' CO O CO O zi- d' U? I, Cn M f� N W (n d' M d' O OJ (A O N co (O (0 co O N d' = N N N N N N Cl) co co N � (` d N M O N (D Phufi . �n Laura 6akden rrom: Kari Winning Sent: Monday, March 12, 2018 3:12 PM To: Laura Oakden Cc: Al Merrill Subject: LA18-00001 Good afternoon, Ms. Oakden. I am emailing you on Mr. Merrill's behalf and pursuant to the phone conversation the two of you had this afternoon. Mr. Merrill withdraws his Application to Vacate the Right of Way known as Grandview Avenue and requests that the monies put into escrow in relation to this application be refunded to him. He will sign any necessary documents to effectuate the withdrawal of the Application to Vacate as soon as he returns to the area next week. Please let me know if there is anything additional you need from us in the meantime. Best, Kari Winning I AGENDA ITEM Item No.: 14 Date: March 12, 2018 Item Description: #LA18-000001, Allen Merrill, 1161 Elmwood Ave, Right of Way Vacation of Grand View Avenue — Resolution Presenter: Laura Oakden, Agenda Consent Agenda Planner Section: 1. Purpose. The applicant is requesting to vacate a partially unimproved right of way that is used for city utilities. 2. 15.99 Deadline The 60 -day rule does not apply to vacation requests. 3. Background/ Summary. Allen Merrill of 1161 Elmwood Avenue is requesting to vacate the unimproved right of way that is directly abutting his property to the north of his rear lot. The right of way was originally a product of the Skarp & Lindquist's Fernhill plat. The applicant is requesting to vacate the right of way east from its intersection with Elmwood, approximately 135' by 20' feet. Mr. Merril desires to vacate the right of way to gain a wider parcel to match the front of his lot. There is currently a lift station located in the Elmwood right of way just south of this unimproved right of way. The public works department is planning to place a generator in the area to support power to the lift station. Exhibit B shows the proposed location of the generator which is in the east corner of the Grand View Ave. right of way and includes necessary utilities improvements. There is currently sanitary sewer that runs through the right of way as seen in Exhibit B. There is some black top improvements over part of the area which functions as a turnaround area for vehicles and helps with space for snow removal. 4. Planning Commission Vote. On February 20, 2018, the Planning Commission opened a public hearing and reviewed the application. The Commission voted unanimously on a motion to deny the request to vacate the right of way. 5. Public Comment. Staff received a written comment from a neighbor in support of vacating the road. Many neighbors spoke at the Public Hearing against the proposed application. Most of the concerns from the neighborhoods centered on road traffic and adequate turn around space. Separate from this process, the City Administrator is working with the neighborhood to accommodate desired turning movements and lift station infrastructure. 6. Staff Recommendation. Staff recommends denial of the request to vacate the right of way. COUNCIL ACTION REQUESTED Motion to approve the draft resolution for denial. Exhibits A. Draft Resolution B. Site Plans C. Draft PC Minutes D. PC Staff Report E. Public Comments Prepared By: LLO References PC Exhibits Exhibit A. Area Map/ Site Plan Exhibit B. Utility Maps Exhibit C. Original Plat Exhibit D. Project Narrative Exhibit E. Comments received from the public Exhibit F. Property Owners List and Map Reviewed By: J. Barnhart Approved By: -Sb9a F st. CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. A RESOLUTION DENYING THE REQUEST TO VACATE A DEDICATED RIGHT-OF-WAY WITHIN THE PLAT OF SHARP AND LINDQUISTS FERNHILL LAKE MINNETONKA, HENNEPIN COUNTY, MINNESOTA FILE NO. LA18-000001 WHEREAS, the City of Orono is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, Allen Merrill, (hereinafter the "Applicant") ownes the property located at 1161 Elmwood Avenue, within the City of Orono (hereinafter "City") and legally described as: Lots 9 and 18 Ex Road of Sharp and Lindquists Fernhill Lake Minnetonka, Hennepin County, Minnesota (hereinafter "the Property"); and WHEREAS, the Applicant has applied for vacation of a dedicated platted public right- of -way abutting the above mentioned property; and WHEREAS, the portion of the right-of-way to be vacated is seen as Grand View Avenue on the Original Plat of Sharp and Lindquists Fernhill Lake Minnetonka, and attached as Exhibit A; and WHEREAS, on February 20, 2018, after published and mailed notice in accordance with Minnesota Statutes and the City Code the Planning Commission held a public hearing, at which time all persons desiring to be heard concerning this application were given the opportunity to speak thereon; and WHEREAS, on February 20, 2018, the Planning Commission reviewed the application and recommended denial of the vacation; and WHEREAS, on March 12, 2018, the City Council reviewed the application and the recommendations of the Planning Commission and City staff; and WHEREAS, the Orono Council finds the vacation as proposed does not meet the standards for a right of way vacation with consideration of the following findings: Page 1 of 2 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL qm�� 1. The City Council finds that this right-of-way is being used for city sewer utilities. 2. The City Council finds this right-of-way is identified for future utilities and generator to be place in this right-of-way which will serve the existing lift station. 3. The City Council finds that portions of this right-of-way are paved and are used as a turnaround space for the existing Elmwood Avenue. 4. The City Council finds that this public right-of-way is serving public purpose and therefore vacation is not appropriate. NOW, THEREFORE, BE IT RESOLVED, that the vacation of the platted right-of-way know as Grand View Avenue as described above, and as shown Exhibit A, is hereby denied by the City Council of the City of Orono on this 12th day of March 2018. ATTEST: Anna Carlson, City Clerk Dennis Walsh, Mayor Page 2 of 2 721" 0VAQ&Vt/\.kt, ed a Q C�71_,.V, .1� Know all men by these presents- That we, Hannah Johnson (unmarried); owner and proprietor, and mortgagee of the following described property, 1 ing in the County of Hennepin and State of(. innesota, to wit; Commena ng at the point where the East and West quarter section and line of Section seven (7), Township one hundred Aseventeen (117 north, Range twenty- three (231, west of the Fifth (5th) Principal Meridian intersects the center line of the County Road laid out through h e Southeast quarter (S.E. 1/4) of th6 Northeast :Darter (N. E. 1/4) of said section, thence West along said quarter section line Five hundred and twenty (520) feet to a point where said line intersects the shore of Forest Lake, thence Northwesterly along the said shore Five hundred and twenty-eight and 65/1000525 65/100) - feet to a point where said shore intersects the Pest line of the Southeast quarter (S.E.1/4) of the North- east quarter (N.E.1/4) of said section, thence North along said line One hundred and sixty-two and 6/10 (16 2 6/10) feet, thence East parallel with said East and West quarter section line to a point where said line intersects the center lime of the aforesaid County Road, thence Southeasterly along said center line to place of beginning -have caused the same to be surveyed . and platter as: "Skarp and Lin:dquist's FPrr_- hill, Lake Minnetonka" as shown by the annexed plat. And we hereby donate and dedicate to the public use forever all the Avenues thereon shown. Witness our hands and seals tIi se"Y' .:day o f .. .� .... A �j _ A. D. 190 ` In presence of • • • • • . . teal. �N .:.. !- ....:0 ... Seal 0 0 _ Le of Jowl innes t) ifs/// rYt County of Hennepin) On th is -C3. , .day of ...... w • . • ... A. D• 190K personally appeared before me Hannah Johnson (unmarried) and 04,0a.'U ", , to me known to be the persons described in and who executed the foregoing instrument g g tru ent and they acl:na�rledged r that t e�T execu the same their free act and deed. /I r State of MinnesotalsS• otary Public, ep ,,County,4nLIe6ot,,_t. Count<� of Hennepin) iy commission expiresf'o-,:Li �?if. •19/x', I hereby certify that I Rave surveyed and platted the land describ this P"lat as: 0Skarp and Lindquist's Fernhill, Lake Minnetonka", that this plat is a correct representation of said sur- vey, that all distances are correctly shown on the plat in feet and decimals of a foot, that the monuments for guidance of future surveys have been correctly placed in the ground as shown oa the plat, that the outside boundary lines are correctly designated on the plat, that the topography of the land is correctly shown on the plat and that there are no wet lands or public highways to be designated on said plat other than as shown thereon. Surveyor. Above certificate subscribed and sworn to before me this.....: day of fes. • • t, •A• D. 1909. if . i'ai rfw-w 0. • • L i •''• i i • i • • s _ _.O. . -: Zo' • • .• • .•••• otary Publicspin ounty,nneota. My +commission expires.. • ..... :::..194, This�,o/orf cxP�rt�v�c� 6�syfie Boar��� c_ou.���+�rnr�issi�r,*�r-s �i5�er�n,��oir✓ �c�u.� y �inrteso,�`a, a� � rB�u/ar ..�,e a� lr�c t.�i�r� � hB/rte lT7�rch 30 '-� /moo �►_ t� C/aarnaar�.6b�ro�Caurr�C©rnrr�is�ion�r. . f.f " �� i..�o• /.�J� - fS,T ' 1 3 U'MOr 0F��:�77ICE, vTV � T \ _ _,� - � ifs �l:z�rE' E'n�'�•;� - IN . 1 r. 1�f�E(J €t ff 1 • .� t ` ` -�..1 Plat �vith Olt rrco t{l� i Tai (o.`. .•: r �' �p V`3?C .tilNr �i1 1,. �_ 1_. p day day 1 3. °,of., A ...... �.IT and iiia was duly R _co'dc i ir1 1 06jr .� $ . of t iai� r� 4 % S.. fines the same i.) r, xaid cor: e � et ct,l.t t tir.rtef7 irL . % -` ' '• _ r C- - - s k - f y- - Hennepin County Property Map ' 4k- tf=" Date: 2/13/2018 h`5`I Proposed to be Vacated r� r r r ym I F u� �ti ■ No results 1 inch = 50 feet Comments: This data (i) is furnished 'AS IS' with no representation as to completeness or accuracy; (ii) is furnished with no warranty of any kind; and (iii) is notsuitable for legal, engineering or surveying purposes. Hennepin County shall not be liable for any damage, injury or loss resulting from this data COPYRIGHT © HENNEPIN COUNTY 2018 Hennepin County Property Map ' 4k- tf=" Date: 2/13/2018 h`5`I Proposed to be Vacated r� r r r ym I F u� �ti ■ No results 1 inch = 50 feet Comments: This data (i) is furnished 'AS IS' with no representation as to completeness or accuracy; (ii) is furnished with no warranty of any kind; and (iii) is notsuitable for legal, engineering or surveying purposes. Hennepin County shall not be liable for any damage, injury or loss resulting from this data COPYRIGHT © HENNEPIN COUNTY 2018 Lift Station #20 Backup Generator lay out R 4.:maw r Lift Station #20 Graveled Access to Generator - f Proposed a Generator Site i i pE- i _ Power and control Cabling and, Natural Gas Line f i °A E � v .« � o ,�V �i���, k _*SRL _ �` ,• k, ��i- w } — ��. F - J -- o, lgkESHo Legend 0 Sanitary Manhole 9 Sanitary Manhole (MCES) L8 Sanitary Lift Station _ Sanitary Clean Out Sanitary Termination Valve '- t Sanitary Isolation Valve Sanitary Grinder Station Al 0 Sanitary Gate Valve LS n Sanitary Flushing Valve Sanitary Curbstop 0 Air Release Manhole } F Sanitary Pipe M.. F Sanitary Pipe (MCES) ' Sanitary Service Pipe _ = Sanitary Forcemain — Sanitary Forcemain (MCES) � � City Limits 4 w_ ,� ❑ Parcels (11/1/2017) qwqp 4- - - W a Map Name 4 _�: _ Lk'' _i "^ c P , •T Disclaimer: This drawing is legally BOLTON neither a recorded map nor a survey and is not intended to be used as one. This 0 35 Feet & M E N K drawing is a compilation of records, information, and data located in various city, county, and state offices, and other © Bolton & Menk, Inc - Web GIS 2/13/2018 3:26 PM Real People. Real Solutions. sources affecting the area shown, and is to be used for reference purposes only. The City of Orono is not re--ihlc f—nv hcr.m--incd AS BUILT SURVEY FOR RICK SUNERG OF LOTS 9 AND IS, SKARP AND LINDQUIST'S FERNHILI.. HENNEPIN COUNTY, MINNESOTA EMS GARAGE t 2- 0 � ,f , .. ... . . ... ... It P!j �441 4. (EY C3 I .—GOAN XISTING HOUSE D (A) ftl 16 1 14 e AV F�WJE_ WU- y Uj (DI P-16ASJRED LU L 04 v [44 j _02 P -16A JRE() IC34 1 T_ �Ah 4� Z ' 41 , _� j, (F) Q > Uj L qZ679431- IL Z-) C11I SCRIPTION OF PREMISES SURVEYED: I - IS z 18, SKARP AND LINDQUIST'S FERNHILL r shows the boundaries of the above described property and topography 6 J 50 feet outside the lot, and the vocation of an existing mouse, hardcover G les of adjoining houses thereon, It does not purport to show any other (a nts or encroachments 0 20 40 80 siker found arker set )s existing contour ane SCALE IN FEET iovin are based upor. an assumed datum listance shown on plat of SKARP AND LINDQUIST'S FERNHILL CA12 WASFAEPAR' 0 BYLIE OR ;j!.ZL:A#Ay Gii stj;Frv..-ii7.tw-iD raw RONBERG & ASSOCIATES, INC. T PA! I AM A VAY L: ONSULIMIG EN 3MEERS, LAND SUnevEyoRS, SITE PLANNIMS 445 NORTH W. -LLV*V OWE, LON3 LAKE, 11145365 7.2346 '10 962473-4141 CATS A131*1 111 18-12119 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, November 20, 2017 6:30 o'clock p.m. 3. LA18-000001 ALLEN MERRILL, VACATION OF RIGHT-OF-WAY (GRAND VIEW AVENUE) BETWEEN 1161 AND 1153 ELMWOOD AVENUE, 7:00 P.M. — 7:39 P.M. Allen Merrill, Applicant, was present. Oakden stated the applicant is requesting to vacate an unimproved platted right-of-way that is directly abutting his property to the north of his rear lot. The property has one PID number. The right-of-way was originally a product of a plat from 1887. The applicant is requesting vacation of the right-of-way east from the intersection with Elmwood. There is currently a lift station located in the Elmwood right-of-way just south of this unimproved right- of-way. The Public Works Department is planning to place a generator in the area to support power to the lift station. There is currently sanitary sewer that runs through the right-of-way and some blacktop improvements over part of the area which functions as a turnaround area for vehicles and helps with space for snow removal. The west end of the right-of-way functions as a turnaround for the road since a cul-de-sac is not present. While there may be some benefit to the public in the future to adjust the right-of-way through a land swap to accommodate the improvements, including the pavement outside of the right-of-way, that proposal has not been presented or proposed. State Statute states no vacation shall be made unless it appears to be in the interest of the public to do so. The Council may vacate any publicly owned utility easement or boulevard reserve which is not being used for sewer, drainage, electric, telegraph, and telephone, gas and steam purposes or for boulevard reserve purposes. The right-of-way in question is in use for existing utilities and there are proposed future utilities planned for this space in the near future. Staff believes approving this request would conflict with City Code and recommend denial of the request. It would also conflict with Minnesota State Statute which states a vacation should be done if it is in the interest of the public. MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, November 20, 2017 6:30 o'clock p.m. One comment from a neighbor has been received and is in support of the vacation. The Planning Commission had no questions for Staff. Kari Winning, 1161 Elmwood Avenue, stated she is speaking here tonight on behalf of Mr. Merrill and that it is her understanding the neighbor does support the vacation of the right-of-way. With regard to the sanitary sewer, Winning noted there are no manholes in the actual right-of-way. One of the manholes is on the back lot owned by Mr. Merrill and the other manhole is on the lot owned by Mr. Hanna. Winning stated while there is sanitary sewer running underneath the property requested to be vacated, there is not a manhole on the actual right-of-way and no utilities currently above ground on the right-of- way. Winning stated it is their understanding there has been some discussion about placing a generator on that right-of-way but there has been no formal notification to the neighbors. Both property owners would be happy to give an easement to the City so they can access that generator. With regard to the right-of-way, it is not currently being used for anything and was originally intended to extend up to North Arm Drive. Winning stated it is their understanding the front part has previously been vacated and the original purpose of the right-of-way would no longer be applicable. Because there is now a house in that area, there could not be a street running up there, which was the reason for the original vacation. Winning stated the neighbors generally support the vacation with regards to the turnaround and that the generator would primarily benefit one neighbor. Mr. Merrill does understand the need for the generator and would be willing to provide an easement for access. Chair Thiesse opened the public hearing at 7:09 p.m. Robert Hanna, 1153 Elmwood Avenue, stated this part of Orono has changed greatly in the last four years, and that if you look at the lot lines and the roadway, it is a mess. The platted road currently goes MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, November 20, 2017 6:30 o'clock p.m. through three mailboxes and a little corner of the garage on his property. Hanna commented he is not sure how that happened but that it is a mess and has gotten worse with two more houses being built. Hanna stated from his perspective, the pavement improvement is on his lot and that he understands the need for emergency vehicles to turn around. The back part of the lot, which is what is being talked about tonight, is unused, and if the road could be straightened out, that would be very helpful. Hanna encouraged the Planning Commission to look at this with fresh eyes and say that the proposed vacation makes sense as long as the City can access whatever they need to. Hanna noted the utilities are already running over what is owned by him and has never been an issue. It will not be an issue if the lot is vacated. Hanna stated what is on the map is not what is really being used and owned currently and that he would encourage the Planning Commission to look closely at what is happening in that back corner. Jeff Craig, 1205 Elmwood Avenue, stated he does not support the vacation, and that the unfortunate piece is that all of the traffic from 1161 Elmwood all the way up the road has increased since he purchased his house. In the past few years two more houses have been built, which has created three times the amount of traffic. Craig stated the second piece is the turnaround. The plat as currently mapped is not really accurate as far as what the space is. The mail truck, UPS, garbage people and other vehicles have to back down Elmwood Avenue to access that area. Craig stated the way that it is being used right now is that the right- of-way is being used as a way to access the hill because vehicles cannot go up from the street due to the steep topography. Craig stated his concern goes beyond the traffic, and that if the vacation is approved, there will be two more buildable lots in the area. Craig pointed out the lot that was unbuildable until three years. Craig stated all of a sudden it became a buildable lot and that he was not aware they were going to build on that site. Craig stated his concern is creating two more buildable lots that would be 50' x 135'. Craig stated at some future point in time those MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, November 20, 2017 6:30 o'clock p.m. lots could be sold off and utilized or Mr. Merrill could construct a garage in that area. Craig stated due to his concerns, he would prefer it not be vacated. Jennifer Welsh, 1180 Elmwood Avenue, stated the road is an old fire lane and that it is not a two-lane road. If two cars meet, one car has to back up. In addition to the narrow road, Welsh indicated she has been running into problems with water and mud. Currently the drainage ditches are overflowing with mud and gravel, which spills over onto the neighbors who live downstream from her. Welsh indicated she cleaned it up because the drainage ditch is not being maintained but that she cannot keep cleaning it up because it is coming from further up. Welsh reiterated that there are problems with this road and that the City needs to figure out the best way to handle it. Welsh requested they look at how much hardcover will be back there and the environmental impacts that it will have on the area since it is very close to the lake. James Theisen, 1295 Elmwood, stated when he moved in 20 years ago, there were nine properties being serviced off of Elmwood and now there are 11 homes located on a very narrow roadway. Theisen stated he was very surprised that house was allowed to be built, and that from what he understands, the property back on North Arm Drive had an outlot which was not supposed to be split off. It unfortunately was split off and two new homes have been built. Theisen stated the road is very problematic and very narrow. The vacation is problematic given the possibility of building another home or building. The boundary that is truly Bob's property is the turnaround. Theisen stated he is opposed to the vacation due to access concerns for the present properties and the potential for future building. Theisen stated the road really is a one-way road and the two new homes have made it much more difficult. Theisen stated cars have to back up all the time to get out of the way and that a better solution would be change the configuration rather than vacating land. Scott Christianson, Elmwood, stated he has resided on Elmwood for 25 years and that the area is getting to be quite the disaster. Christianson stated he blames the City for allowing some of these homes to be built on lots that were never buildable before. In addition, the lift station issue will be a huge cost to the taxpayers, and the only reason that is a problem is that the house was allowed to be built and the driveway goes right over the top of it. The land is also used for snowmobile access. MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, November 20, 2017 6:30 o'clock p.m. Christianson noted there is some serious runoff coming down North Arm in addition to the traffic problems. Christianson stated in his view the end game is to build another house or two in that area, which is why the neighbors are against it. Allen Merrill, Applicant, stated no one is more disappointed in the new homes than he is and that in his view a lot of this is residual frustration from those homes being built. Merrill indicated he has no intent of splitting the properties off or developing the land and that at most it will be a playground for his children. City Administrator Rief stated the City is aware that this is a problem area and that the City is willing to fix it but they need assurances that the City can gain access closer to the lift station or possibly a cul-de-sac to help the turnaround situation. Rief concurred that there is a lot of traffic in the area and that he would be willing to discuss potential solutions with the neighbors if they would like to at another time. Jim Theisen asked what the sole purpose of the vacation is and how it will benefit the neighbors. Thiesse stated the Planning Commission has been asked to look at the vacation request and determine if there is any benefit to the City or the neighbors if the area is vacated. Allen Merrill stated he has no intentions of developing the lot behind him and that what he is potentially looking at is maybe constructing a garage there. Merrill stated the only reason to vacate the strip is so he can pick up another ten feet so he can have room to possibly build a garage. Merrill agreed that parking and garage space for everybody is tight and that he is willing to work with the City if they want to figure out a way to build a cul-de-sac. Merrill stated when he bought his place, it was newly constructed and that he got the back lot with it. Merrill noted he tells all the neighbors that they can use his parking area and that he did put some gravel down so people could park back there. Merrill noted they cannot park in the street since it is a one-way street and that he can understand what the neighbors are talking about with the traffic. Merrill indicated MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, November 20, 2017 6:30 o'clock p.m. he would be supportive of widening out Grand View up to County Road 151 but that he does not want to pay the additional specials to do it. Merrill stated when it was first brought up about the genset, he thought it would really make a mess, and that he talked to the engineers about it blocking the turnaround. Merrill noted he suggested the City vacate that little strip and that he and Bob Hanna would give them a full easement to maintain the generator and everything else back there. Merrill stated he did not know that the City decided to move it towards the east. Merrill reiterated that no new homes will built there if the area is vacated. Thiesse noted the City said that for 50 years on the other lot and that there is now a house there. Merrill commented he maybe would consider putting up a garage but never a house. Jennifer Welsh stated the neighbors are very much interested in working with the City on the road. Welsh stated after hearing about the garage and the gravel problem, she is even more concerned about the runoff from County Road 151 and North Arm. If more hardcover is added, there will be more runoff. Welsh commented she hopes this area is not vacated. Scott Christianson stated variances are usually for hardships or grandfathered -in property. Christianson commented it seems like people are doing what they want up front and then get the variance later at the cost of the neighbors or the City Code. Christianson noted the graveled lot was cleared once maybe five or six years ago and that now the gravel is back. Chair Thiesse closed the public hearing at 7:32 p.m. Landgraver noted there was litigation to get that lot built and that the City was opposed to it. Thiesse pointed out if those lots were to be divided, they would substandard. Curtis stated those lots would actually need to be subdivided if the right-of-way is vacated and it currently has one PID number. The other lot was a special combination. MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, November 20, 2017 6:30 o'clock p.m. Thiesse noted the City would not allow the lots to be subdivided if they are substandard. Rief stated if the two back lots are combined, that would change that. Curtis noted they are separate PID numbers and they would still require a subdivision. Curtis stated the City would need to authorize a substandard lot since the land is located in a one -acre district. Curtis stated it is not an individual single-family lot and is part of the lakeshore lot. Craig stated if they went through a subdivision and the City allowed it, it would be a buildable lot. Curtis stated it is contrary to the City's plan and philosophy to make that a buildable lot. Curtis noted the other lot was a single lot of record, which is a completely different scenario. Thiesse stated this is not a single lot of record. Leskinen stated the Planning Commission needs to react to the application in front of them and that in a nutshell the vacation does not meet state statutes or city code and does not rise to the level of being vacated. Thiesse stated he would like to see further discussion with the City and the neighbors on what can be done to improve the roadway. Schoenzeit stated that process could include the vacation if it has City or public interest in it, but as presented, it has neither. Landgraver stated as presented, it does not benefit the citizens of Orono or the neighbors. Rief stated the comments tonight show the City needs to look at this area and determine what can be done to fix it. Rief stated the generator is a top priority of the City. MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, November 20, 2017 6:30 o'clock p.m. Landgraver moved, Leskinen seconded, to recommend denial of Application No. LA18-000001, Allen Merrill, vacation of right-of-way between 1161 and 1153 Elmwood Avenue. VOTE: Ayes 5, Nays 0. To: Chair Thiesse and Planning Commission Members Dustin Rief, City Administrator From: Laura Oakden, Planner LLO Date: February 20, 2018 Subject: #LA18-000001, Allen Merrill, 1161 Elmwood Ave, Right of Way Vacation of Grand View Avenue, Public Hearing Application Summary: The applicant is requesting the City of Orono to vacate an unimproved platted right of way. Staff Recommendation: Planning Department Staff recommends denial. Background Allen Merrill of 1161 Elmwood Avenue is requesting to vacate the unimproved right of way that is directly abutting his property to the north of his rear lot. The right of way was originally a product of the Skarp & Lindquist's Fernhill plat. The applicant is requesting to vacate the right of way east from its intersection with Elmwood, approximately 135' by 20' feet. Mr. Merril desires to vacate the right of way gain a wider parcel to match the front of his lot. Exhibit D is the submitted project narrative. There is currently a lift station located in the Elmwood right of way just south of this unimproved right of way. The public works department is planning to place a generator in the area to support power to the list station. Attaching in Exhibit B shows the proposed location of the generator which in the east corner of the Grand View Ave right of way and the utilities improvements that would be needed. There is currently sanitary sewer that runs through the right of way as see in Exhibit B. There is some black top improvements over part of the area which functions as a turnaround area for vehicles and helps with space for snow removal. Applicable Regulations: MN State Statute 412.851 VACATION OF STREETS. The council may by resolution vacate any street, alley, public grounds, public way, or any part thereof, on its own motion or on petition of a majority of the owners of land abutting on the street, alley, public grounds, public way, or part thereof to be vacated. When there has been no petition, the resolution may be adopted only by a vote of four-fifths of all members of the council. No vacation shall be made unless it appears in the interest of the public to do so after a hearing preceded by two weeks' published and posted notice. The council shall cause written notice of the hearing to be mailed to each property owner affected by the proposed vacation at least ten days before the hearing. The notice must contain, at minimum, a copy of the petition or proposed resolution as well as the time, place, and date of the hearing. In addition, if the street, alley, public grounds, public way, or any part thereof terminates at, abuts upon, or is adjacent to any public water, written notice of the petition or proposed resolution must be served by certified mail upon the commissioner of natural resources at least 60 days before the hearing on the matter. The notice to the commissioner of natural resources does not create a right of intervention by the commissioner. At least 15 days prior to convening the hearing #LA18-00001 February 20, 2018 Page 2 of 3 required under this section, the council or its designee must consult with the commissioner of natural resources to review the proposed vacation. The commissioner must evaluate: (1) the proposed vacation and the public benefits to do so; (2) the present and potential use of the land for access to public waters; and (3) how the vacation would impact conservation of natural resources. MN State Statue 462.358 Subd. 7. Vacation. The governing body of a municipality may vacate any publicly owned utility easement or boulevard reserve or any portion thereof, which are not being used for sewer, drainage, electric, telegraph, telephone, gas and steam purposes or for boulevard reserve purposes, in the same manner as vacation proceedings are conducted for streets, alleys and other public ways under a home rule charter or other provisions of law. A boulevard reserve means an easement established adjacent to a dedicated street for the purpose of establishing open space adjacent to the street and which area is designated on the recorded plat as "boulevard reserve". Orono City Code. Sec. 78-9. - Vacation of streets, alleys and public grounds. Vacation of streets, alleys and public grounds shall follow the procedures set forth in this chapter; except that such vacation shall require a petition by a majority of the landowners abutting the property to be vacated, and a hearing preceded by two weeks' published and posted notice, all as required by Minn. Stat. § 412.851. The council may vacate any publicly owned utility easement or boulevard reserve which is not being used for sewer, drainage, electric, telegraph, and telephone, gas and steam purposes or for boulevard reserve purposes, in the same manner as vacation proceedings are conducted for streets, alleys and other public ways. A boulevard reserve means an easement established adjacent to a dedicated street for the purpose of establishing open space adjacent to the street and which area is designated on the recorded plat as boulevard reserve. Engineer/ Public Works Director Comments The right of way in question is in use for existing utilities and there are proposed future utilities plan for this space in the near future. Current plans have the generator at the far east end of the ROW. The west end of that ROW functions as a turnaround for the road since a cul-de-sac is not present. While there may be some benefit to the public in the future to adjust the right of way through a land swap to accommodate the improvements including the pavement outside of the right of way, that proposal has not been presented or proposed. If vacated, the city would need a utility and access easement possibly over the entire area. Staff Analysis This unimproved platted right of way has sanitary sewer located within the right of way. There is a utility project planned for the spring of 2018 to install a generator in the right of way. The area has some black top improvements which function as a turnaround for neighbors, delivery trucks, and public works vehicles. Approving this request would conflict with the City Code which stated we shall only vacate right of way if there are no utilities located in the space. Approving this request would also conflict with MN State Statute which stated a vacation should be done if it is in the interest of the public. With the current utilities there is public benefit with keeping the right of way. #LA18-00001 February 20, 2018 Page 3 of 3 Public Comments Neighbor comments were submitted showing support for the vacation. Staff also received verbal concerns about the need to provide adequate turnaround options in the area but a written comment was not submitted. Issues for Consideration 1. Does this request meet the City Code and/or State Statue requirements for approval? 2. Would approving this action affect any utilities? 3. Are there any issues or concerns with this application? Planning Staff Recommendation Staff recommend denial of this application because it does not meet the standards of the City Code or State Statue. If the Commission/ Council finds evidence for approval the city utilities in the area will need to be addressed to stay protected; staff suggests a drive, utility access and maintenance easement be required and recorded. List of Exhibits Exhibit A. Area Map/ Site Plan Exhibit B. Utility Maps Exhibit C. Original Plat Exhibit D. Project Narrative Exhibit E. Comments received from the public Exhibit F. Property Owners List and Map Laura, As the owner and resident of 1153 Elmwood which is on the northern border of the undeveloped right of way property, my opinion on the vacation is to support this request. This support is contingent on the vacation resulting in the 20 ft right of way is split evenly between my property and the 1161 Elmwood property. I am happy to provide more input should you find it helpful. Thank you. Bob From: Dustin Rief To: Jeremy Barnhart; Melanie Curtis; Laura Oakden Cc: Adam Edwards Subject: FW: #LA18-00001, Allen Merrill, Right of Way Vacation Date: Friday, March 2, 2018 9:33:52 AM Attachments: imaae001.Dng See below email Cordially, Dustin J. Rief City Administrator City of Orono 2750 Kelley Parkway Orono, MN 55356 Phone: 952-249-4600 Fax: 952-249-4616 Email: driefan_ci.orono.mn.us Web: http://www.ci.orono.mn.us/ From: Jim Theisen[mailto:jtheisen@twincityglasscontractors.com] Sent: Wednesday, February 21, 2018 8:24 AM To: Dustin Rief Subject: #LA18-00001, Allen Merrill, Right of Way Vacation Dustin I'm writing to you this morning to change / clarify my opposition to the requested vacation. My primary opposition was to block future home construction on the two back lots effected by this vacation request. The planning commission clarified there's no possibility to subdivide and construct homes on these lots as they would not conform to current code, I therefore remove my opposition. The application regulation states "no vacation shall be made unless it appears in the interest of the public to do so". I will make the argument that it will be in the public interest if all effected parties are willing to "think outside the box'. I believe the public would be well served to create an effective cul-de-sac or turnaround directly behind Mr. Merrill's and Mr. Hannah's home. Currently this is taking place on Mr. Hannah's property. This would allow for city plows, emergency vehicles, garbage trucks, delivery vehicles, etc. to safely access and exit this dead end road. If Mr. Hannah and Mr. Merrill would consider to vacate (or provide permanent easement) to the western edge of their back lots in exchange for the proposed vacation of Grand View Ave, this could provide the area required for such turnaround. Other property owners attending the meeting last night addressed road congestion and safety, I believe this could ease this situation. There was also a concerned raise about water runoff and gravel ending up on adjoining properties. If the turnaround / cul-de-sac was blacktopped this would reduce gravel and sediment runoff. I recognize runoff will never be eliminated as there are no curb, gutter or storm sewers in our neighborhood. This is clearly evident next to my home during heavy rains. The city has plans to install a generator as a backup to the pumping station, this addition is surely welcomed by the properties effected. Again "thinking outside the box" I believe there is an alternate solution to facilitate this generator, and it's placement can be resolved by permanent easement in a location agreeable to all. Lastly, Mr. Merrill stated a primary objective was to potentially build a garage in the future if approve by the city. I have no opposition to this as it could help to alleviate outdoor storage that is already taking place. I also believe Mr. Merrill and Mr. Hannah should have the right to access and utilize their property as needed provided they conform to city regulations. I hope this is helpful in resolving this issue. I can be contacted as need at this e mail address or at the phone numbers below. Regards Jim Theisen Direct 651-256-0161 Cell 651-343-3695 From: Dustin Rief To: Jeremy Barnhart; Laura Oakden; Melanie Curtis Cc: Adam Edwards Subject: FW: Elmwood Ave/Grandview Ave improvements Date: Friday, March 2, 2018 9:32:53 AM Attachments: imaae001.pno See email below Cordially, Dustin J. Rief City Administrator City of Orono 2750 Kelley Parkway Orono, MN 55356 Phone: 952-249-4600 Fax: 952-249-4616 Email: drief oci.orono.mn.us Web: http://www.ci.orono.mn.us/ From: Jeff Craig[mailto:jeffreydcraig@hotmail.com] Sent: Wednesday, February 21, 2018 11:06 AM To: Dustin Rief Subject: Elmwood Ave/Grandview Ave improvements Mr. Dustin Rief, We briefly interacted at last nights planning commission council meeting in regard to LA18- 00001, Allen Merrill, Right of way vacate. Per my points of consideration last night, of primary concern to me was the current traffic congestion and the potential that these two lots would become buildable. I want to ensure with absolute certainty that through the vacating process that the two parcels of land would not be able to be sub-divided/split or otherwise build -able for new houses. Per the planning commissions clarification it seems as though this concern has been resolved, which leaves the congestion/traffic issue. After leaving the planning commission room all of the neighbors, with the exception of Mr. Hannah, stayed to informally discuss the situation and our individual concerns and to come up with other potential ideas to service everyone's needs/desires. Several points under consideration by the neighbors were the improvements to the cul -de -sec as well as ensuring the parcels left for Mr. Hannah and Mr. Merrill were usable to them. I have no opposition to the vacating of the easement as long as there is an equal return that benefits the public and neighborhood. In this sense there were several options we had discussed as a group to potentially move forward for the turn around space that would also allow Mr. Merrill & Mr. Hannah a better ability to utilize these parcels including the potential to build a garage per city codes. Currently, I believe the planning commission has denied the 'request for vacate' in its current form, however I was wondering (along with some neighbors) could an alternate plan be drawn up that fits all the appropriate metrics the city is looking for with right of way access, easements, a upgrade to the current cul-de-sec/turnaround, placement of the new generator AND the approval of the right to vacate? The entire opposing group of neighbors as well as Mr. Merrill all seemed to come up with potential solutions that would be in the interest of the public, the city's needs, the two land owners as well as the neighborhood for a more functional and usable space. You handed out your card and stated that as a group we could potentially look forward to improvements that meet everyone's criteria and the potential of revisiting the cul -de -sec, and generator. So I just wanted to provide you with some insights, follow-up and my contact information if there is any further ability for consultation on the above prior to the city installing the generator in the spring of 2018. I can be contacted by phone or via email as appropriate/needed for further discussion, Best Regards, Jeff Craig 1205 Elmwood Ave Orono, MN ph: 952-300-8483 email: jeffreydcraig�hotmail.com AGENDA ITEM Item No.: 15 Date: March 12, 2018 Item Description: Authorization to Amend City Ordinance Related to Septic Rules Presenter: Jeremy Barnhart, Community Agenda Consent Agenda Development Director Section: 1. Purpose. Authorize staff to initiate an ordinance amendment repealing city standards and adopting state rules. 2. 15.99 Deadline. Not applicable 3. Background/ Summary. One of the goals identified by the City Council in 2017 was the review of the city code comparing our rules and regulations with other organizations' recommendations and expertise. The review of the Wetland rules and the watershed district regulations in 2017 were the first example. In the case of on-site sewage disposal regulations, staff notes that our ordinance is not consistent with the state requirements. The state has more frequently reviewed and updated their regulations to meet state standards and address advances in technology. Our rules are not always consistent with State requirements, leading to confusion for the septic industry and unnecessary costs for the homeowner. With authorization, Staff proposes to develop an ordinance that would repeal certain sections of the city code in favor of adopting by reference the State requirements. This will not delay the development of the review of the wetland rules and land use definitions, scheduled for March Planning Commission. 4. Staff Recommendation. Staff recommends granting authorization. COUNCIL ACTION REQUESTED Motion to authorize staff to prepare an ordinance repealing septic rules and adopting by reference State regulations. Prepared By: J. Barnhart Reviewed By: JS)�a Approved By: -Sb9a