HomeMy WebLinkAbout05-14-2018 Council PacketAgenda for Council Meeting Set for Monday, May 14, 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 April 23, 2018
2. Council Work Session Minutes of April 23, 2018
3. Claims/Bills
4. Approve Rental Licenses
5. Transient Merchant License — Lakes Ice Cream and Treats
6. Antoine Park Playground Border
7. Appointment of 2018 Seasonal Employees
8. Supervisory Control and Data Acquisition (SCADA) Upgrade
9. Lurton Park Trail Improvements
10. Navarre Park Sports Court
11. Authorization to Purchase Scales
12. Approval to Accept Resignation of Sgt. Scott Boris
13. Phone System Replacement
14. Resolution to Reassign Responsibilities of Big Island
15. LA18-000033 (18-4000) — Jeff Martineau, 1335 Arbor Street, Variance — Resolution
16. LA18-000035 — K. Ryan Hasse, Nicole Speck and Gary Johnson, 3800 Shoreline Drive, Conditional Use
Permit and Site Plan Review — Resolution
17. 18-3997 — 1300 Bracketts Point Road, Amend Approved Plan — Resolution (Revised)
Public Comments — (Limit 5 Minutes per Person)
This is an opportunity for the public to address matters not on the agenda. The council will not engage in
discussion or take action on items presented at this time. However, the council may refer issues to staff for follow
up or consideration at a future meeting. Speakers should state their name and home address at the podium before
speaking.
Presentation
18. Recognition of Sgt. Scott Boris
19. Hennepin County Update — Commissioner Jan Callison
20. Tour de Tonka — Tim Litfin
Public Works/City Engineer Report
21. Old Crystal Bay Road (CSAR 112-CSAH 6) Road Project
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Agenda for Council Meeting Set for Monday, May 14, 2018, 7:00 P.M.
Orono Council Chambers, 2780 Kelley Parkway, Orono, MN 55356
952-249-4600 / www.ci.orono.mmus
Planning Department's Report (Planning Commission Representative — Jon Ressler)
22. LAI 8-000012 — Mark Stipakov, Outlot A, Phillips Woodland Terrace 3rd, Amend Preliminary Plat Resolution
No. 4202 — Resolution
23. Rental License 1440-1442 Shoreline Drive
24. Consider a Petition to Convert a Portion of Bracketts Point Road from Private ownership to the Public Road
25. 16-3822 — Eisinger Meadows (3425 Wayzata Blvd), Preliminary Plat Extension — Resolution
26. LAI 8-000036 — Orono Apartments, LLC, 2745 Kelley Parkway, Comprehensive Plan Amendment, Zoning
Change Amendment, Site Plan — Resolution
27. LA 18-000024 — City of Orono, Text Amendment: Definitions
Mayor/Council Report
City Administrator's Report
28. HR Software — HR Wize
29. Municipal Services Support Representative
30. Compensation Plan Adjustment — Deputy Chief
City Attorney's Report
31. Closed Session
The meeting will be closed as permitted by the attorney-client privilege (section 13D.05, subdivision 3(b)) to
discuss a threat of litigation - Mary McKenzie vs. City of Orono
Adjournment
Upcoming Events
2018
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.
06-11-18 City Council Meeting, Monday, 7:00 p.m.
06-18-18 Planning Commission Meeting, Monday, 6:30 p.m. (Richard F. Crosby II)
06-25-18 City Council Work Session, Monday, 5:00 p.m.
06-25-18 City Council Meeting, Monday 7:00 p.m.
Sign up for email notifications at www.ci.orono.mn.us — follow links for Stay Connected & Email Notification
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, April 23, 2018
7:00 o'clock p.m.
ROLL CALL
The Orono City Council met on the above-mentioned date with the following members present: Mayor
Dennis Walsh, City Council Members Richard Crosby, III, and Victoria Seals. Representing Staff were
City Administrator Dustin Rief, Finance Director Ron Olson, Public Works Director/City Engineer Adam
Edwards, City Attorney Soren Mattick, Consulting City Engineer David Martini, and Recorder Jackie
Young.
Mayor Walsh called the meeting to order at 7:00 p.m., followed by the Pledge of Allegiance.
APPROVAL OF AGENDA
CONSENT AGENDA
1. CITY COUNCIL MEETING MINUTES OF APRIL 9, 2018
2. CITY COUNCIL WORK SESSION MINUTES OF APRIL 9, 2018
3. CLAIMSBILLS
4. ACCEPT RESIGNATION OF MONICA FADNESS
This item was removed from the Consent Agenda.
5. APPROVAL OF RENTAL LICENSES
This item was removed from the Consent Agenda.
6. APPROVAL OF TRANSIENT MERCHANT LICENSE — RENAISSANCE FIREWORKS
7. APPROVAL OF HENNEPIN COUNTY 2018 SPECIAL EVENT PERMIT — LONG LAKE
ROWING CREW
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9. ACCEPT DONATION OF TICKETS TO ORONO FOUNDATION FOR EDUCATION
GALA — RESOLUTION NO.
10. APPOINTMENT OF 2018 SEASONAL EMPLOYEES
11. LEAF STREET PROJECT — AWARD
12. 2018 STORMWATER PROJECTS
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14. OLD CRYSTAL BAY ROAD (CSAH 112-CSAH 6) TREE TRIMMING/REMOVAL
Page 1 of 15
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, April 23, 2018
7:00 o'clock p.m.
CONSENT AGENDA — Continued
Items No. 4 and 5 were removed from the Consent Agenda.
Seals moved, Crosby seconded, to approve the Consent Agenda as revised, with Items No. 4 and 5
being removed from the Consent Agenda. VOTE: Ayes 3, Nays 0.
PUBLIC COMMENTS
Matt Johnson, 1342 Shoreline Drive, stated he would like to talk about the adjoining property to his
property. Johnson indicated there is a complete remodel of the residence next door to him taking place
currently and that he has looked in EOF Investment's file to see if they pulled the appropriate permits to
complete the interior remodeling. Johnson stated the building inspector informed him that they did not
take the necessary permits out and that without a formal written complaint, he would not take action on it.
Johnson stated he chose not to do a formal written permit but that the building inspector elected to send
someone out there, who discovered that the plumbing, mechanical, and building permits had not been
pulled. The owners were then told to obtain the necessary permits. The owners then came to the City and
were issued the permits but they were not assessed the double permit fee.
Johnson commented he has seen other residents assessed a double permit fee for not having the
appropriate building permits but in this case the City chose not to enforce the long-standing rules.
Johnson stated he is all for flexibility and understanding of things, but that he wants it to be passed on to
everybody. Johnson stated if the City is going to have an ordinance that is interpreted differently outside
of what the ordinance says, that's fine, but that it should apply to everyone. Johnson stated in his view
this is important and that he wants it to be fair for everybody.
PRESENTATION
15. LONG LAKE FIRE DEPARTMENT — ANNUAL REPORT
Fire Chief James Van Eyll addressed the Orono City Council regarding the 2017 annual report for the
Long Lake Fire Department. Van Eyll reported the annual pancake breakfast was a huge success and that
they served approximately 1,200 people.
Current leadership of the Fire Department consists of Chief James Van Eyll and Assistant Chiefs John
Hall and DJ Goman, among others. Van Eyll reviewed the organizational chart current as of 12/31/17.
Van Eyll noted the fire department has an average of just over 8.5 years of experience, with the most
senior member having 41 years. There were no retirements in 2017 but a few people resigned. There are
currently five probationary members, with five members coming off of probation in 2017.
Van Eyll stated the fire department's facilities have not changed but that they did complete some
upgrades last year at Station 2, which included leveling the floor that was sinking in the officers' room
and some jacking of the steps because they were falling away the building. A new carbon monoxide
detection system was also installed.
Van Eyll reviewed the 2017 emergency call activities. There were 383 calls overall, with the majority of
the calls occurring in Orono with 299 calls, followed by Long Lake with 49, Medina at 19, and mutual aid
at 16. Van Eyll noted there were ten fire calls in the area but no real structure fires. Auto -aid was
Page 2of15
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, April 23, 2018
7:00 o'clock p.m.
15. LONG LAKE FIRE DEPARTMENT — ANNUAL REPORT — Continued
provided three times, auto -aid was received four times, mutual aid was given 13 times, and mutual aid
was received 9 times.
The average response times were 6:19 for Orono, 6:27 for Long Lake, and with the City of Mound
included, there was an overall response time of 6:54. There was an average of 12 members that
responded per call, with an average of 10 members responding to calls that happened during the day
between the hours of 0600 to 1800. Approximately 54 percent of the calls happened between the hours of
0600 to 1800, which is down a little bit from what it has been in the past. As it relates to call hours,
Orono was at 4,180.
Training goals for 2017 included Highway 12 training, backseat crew training, firefighter leading training,
outside agency training, leadership/new officer training, and online training. Other goals included getting
Boat 11 on the water, which was successfully done at Molly's Lake; the LLFD clothing SOP, which has
not been finalized; a mentorship program; a volunteer hour SOP; and automation of percentages.
2018 training goals include boat/dock training, hours of training excluding nights, training on the new fire
engine, new driver training, live burn training. Van Eyll noted the hours of training will allow online
hours to be included. The new fire engine will arrive by the end August and a ceremony will be held at
that time.
Long Lake Fire Department goals for 2018 is to review call data to compare staffing models, review SOP
on uniforms, quality of service understanding and measure, physical fitness program, and hopefully
installation of a fitness room at Station 2.
The top responders for Station 1 include Tom Aldrich, Kelly Shaughnessy, Jim Elder, Pat Cotton. Scott
Spinks, Phil Steahl, Shane Gardner, Chris Adams, Derek Lee were the top responders for Station 2.
The top training members were Tom Aldrich, Cody Farley, John Pazkiewicz, Ryan Hoster at Station 1
and Chris Adams, Doug Johnson, Shane Gardner, Scott Spinks, and Phil Steahl at Station 1.
Van Eyll noted the largest number of calls in 2017 occurred on Sunday, followed by Tuesday, Monday,
and Saturday. The largest number of calls received per month occurred in June, followed by May and
then August.
Team activities in 2017 included the boot hockey tournament, the Fight for Air Climb sponsored by the
American Lung Association, a chili cook -off, Twin Cities Race for the Cure, Maple Plan water -ball,
Orono Police Department vs Long Lake Fire Department softball game, and bell ringing for the Salvation
Army. Van Eyll noted the Long Lake Fire Department raised around $3,000 for the Salvation Army.
2018 activities include the pancake breakfast, which was held on April 22; the LLFD Memorial 5K run on
July 8; the fire prevention open house on October 8; and the SBB toy and food drive on December 1.
Walsh asked how the volunteer numbers are.
Van Eyll stated they currently have 41 volunteers but that he does not expect two people back that are
currently on leave. Van Eyll stated the biggest component to recruiting volunteers is through word of
mouth and that daytime volunteers are the hardest to fill. Van Eyll stated that likely will become an issue
in the next year or two if they are not able to get some more volunteers for daytime.
Page 3of15
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, April 23, 2018
7:00 o'clock p.m.
15. LONG LAKE FIRE DEPARTMENT — ANNUAL REPORT — Continued
Crosby suggested placing a message on the sandwich boards.
Van Eyll stated they will try to do that in the near future and that they will also start looking at doing
more online ads or through social media.
The City Council thanked Chief Van Eyll and the members of the Long Lake Fire Department for all their
hard work and dedication in protecting the community.
FINANCE DEPARTMENT'S REPORT
16. FIRST QUARTER FINANCIAL REPORT
Finance Director Ron Olson provided the first quarter financial report to the City Council. Overall 17.9
percent of revenues have been received. The major revenue source is taxes, which will be received at the
end of June and consists of 53 percent of the City's revenue stream. Revenues have remained steady over
the past five years and it is expected Orono will be a little higher in revenue by the end of 2018. Olson
noted that is due to some fairly sizeable fees associated with the school improvements, which currently
account for 35 percent of the City's building related revenues, which is higher than what it normally is at
this time of the year.
Expenditures are also in good shape and are at 22.45 percent. Olson noted expenditures tend to remain
fairly constant through the year with the exception of the summer when temporary employees are utilized
at the golf course and parks. Law and legal services are at 30 percent and central services is at 35, which
is high for that department. Olson stated he will need to look into the reason behind the increase and that
central services consists of office supplies for city hall, gas, heating, insurance, and audit expenses, which
are charges that are not allocated to other departments.
Crosby asked if any significant equipment has been replaced.
Olson indicated there has not but that the City's software fees are increasing at a rapid pace. Olson noted
the City now has to pay annual licensing fees for Microsoft Windows and Adobe and that the City started
having to budget for that item three to four years ago since it now amounts to $15,000 to $20,000 a year.
Olson noted special services is at 36.81 percent, which are pass-through bills such as the police,
engineering, and legal charges related to development. Olson stated he expects that to be at 100 percent
by the end of the year.
Olson reviewed the top vendors of the City. Currently Bond Trust Services Corporation is the top vendor,
followed by Bolton and Menk. New investments are now paying two percent in interest, which is good
news as far as earnings since interest rates have been low for a number of years.
Walsh stated he would like to get monthly updates on the number of permits and the dollars associated
with those.
The City Council took no formal action on this item.
Page 4 of 15
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, April 23, 2018
7:00 o'clock p.m.
PUBLIC WORKS/CITY ENGINEER REPORT
4. ACCEPT RESIGNATION OF MONICA FADNESS
City Administrator Rief stated earlier this month he received the resignation of Monica Fadness, who has
worked for the City for a number of years. Monica's last working day is officially May 4 but her last
physical day at work will be April 25.
Walsh stated the City Council has been talking about possibly restructuring the staff at City Hall.
Seals stated the City should amend the motion to just accept her resignation and then have the work
committee look at what is needed in City Hall.
Seals moved, Crosby seconded, to accept the resignation of Monica Fadness, effective immediately;
with the work organizational committee reviewing that position. VOTE: Ayes 3, Nays 0.
5. APPROVAL OF RENTAL LICENSES
Rief noted this is a continuation of the rental ordinance that was adopted by the City a couple of months
ago and that the City has received a number of applications. The ones before the City Council tonight
have met all the requirements and are ready to be approved.
Matt Johnson, 1432 Shoreline Drive, noted he also owns a rental property at 3393 Crystal Bay Road and
that he will have a renter in there until the end of May. Johnson stated he has accepted a purchase
agreement on the property and that he is not sure whether it was necessary for him to complete a rental
license application.
Rief stated for one month it will not be necessary.
Johnson stated if that changes, he will notify the City and apply for a license.
Rief requested Mr. Johnson send him the information on the property so the City can follow up.
Johnson stated he is also here to discuss the properties located at1440 and 1442 Shoreline Drive.
Currently and in the past the property at 1440 has been a rental property and the property at 1442 has been
a vacant property that was recently renovated. Johnson stated he sees that it is on the list to be a potential
rental property. Johnson noted one of the conditions that is attached to this particular property is a
parking policy that allows for overflow parking for the marina. Johnson noted he has brought this subject
up before and that the parking plan has never allocated parking space for the rental property. Johnson
stated they now have a second rental property.
Johnson stated in his view the City should not engage in a rental opportunity with these structures until
the City is satisfied that there is a viable, scaled parking plan for the whole facility. Johnson commented
there is a constant activity occurring on the site and that there was another accident this weekend when a
crane was lifting boats over the highway while cars were driving under it.
Page 5 of 15
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, April 23, 2018
7:00 o'clock p.m.
5. APPROVAL OF RENTAL LICENSES — Continued
Johnson stated in his opinion there is overuse of the site and adding this extra rental property will only
intensify the use. Johnson noted there already is a parking problem on the site and that he hopes the City
enforces what is required for this property, especially as it relates to parking.
Walsh stated the City has never had a true delineated parking plan for this site and that it should be
delineated out as it relates to the rental and overflow.
Rief stated he is not sure the ordinance requires that and that he would recommend those two properties
be tabled until that review can be completed. Rief stated the City's license process does not require Staff
to checking the parking.
Seals stated to her recollection the rental ordinance contained a parking provision.
Rief stated as of two days ago the City has not issued a Certificate of Occupancy for 1440.
Crosby stated it is being used commercially and the parking needs to be resolved once and for all.
Walsh stated he would like to table those two properties until a thorough review can be done.
Seals asked how many boats Your Boat Club has.
Johnson stated the conditional use permit allows 20 boat stalls for their use.
Seals stated if you look at the map, there does not appear to be enough parking on the marina site.
Walsh stated Staff is unable to answer some of those questions tonight and that it would be best if the
City Council tabled those two properties.
Seals stated she would like a list of the requirements included in the future so the Council knows what
they are looking at for each property.
Crosby asked why they were not fined for failing to obtain the necessary permits.
Rief stated it is within the building official's discretion.
Johnson commented he wants to make sure everyone is treated equally, and that he has sat through a City
Council meeting where someone came in to get a deck permit and the City told him it would be over two
weeks to get the permit. Johnson stated that property owner then went ahead and did it over the weekend
and the City gave him a double fine. As it relates to the 1440 property, they were able to get their permit
approved in a couple of days and were not assessed a double permit fee. Johnson stated the Council has
to be mindful that one thing affects the rest of the folks.
Crosby stated the City needs to be consistent.
Seals recommended the City Council review the policy at a future work session.
Seals moved, Crosby seconded, to approve the rental licenses listed in the April 23, 2018, Staff
report, with the tabling of 1440 and 1442 Shoreline Drive. VOTE: Ayes 3, Nays 0.
Page 6 of 15
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, April 23, 2018
7:00 o'clock p.m.
17. 2018 ROAD MAINTENANCE PROJECT — AWARD
Edwards stated the City over the past year has gone through a design and engineering process for this
year's road projects. Last week bids were opened for the projects. Staff is recommending award the
projects to the low bidder, which was Park Construction in the amount of $1,209,357. That bid includes
Wildhurst, Forest Arms Landing, Minnetonka Highlands, Leaf Street, Vine, Lyric Avenue, and West
Lafayette. Also included is the realignment of Linden Lane and the replacement of the water main that
runs underneath West Lafayette Road.
Edwards noted at the time the projects were initially discussed, Staff was projecting the projects would be
over the available resources and Forest Arms Landing was included as an alternate bid. Edwards stated
he does not anticipate the funding being available for that road and that he would recommend it be
deferred to 2019.
Walsh commented the City has five great road projects for this year and that the Council is working hard
to catch up on road improvements, with the City creating a road fund. Walsh noted Leaf Street is an
MSA road and has some serious issues with it that need to be addressed. Walsh stated the Council in the
next few weeks will begin looking at the next section of roads to complete in 2019.
Seals noted when they went around campaigning almost two years ago, roads were one of the bigger
issues and that it is exciting the City is starting to make progress on them.
Seals moved, Crosby seconded, to approve the 2018 Road Maintenance Projects and to award the
low bid to Park Construction in the amount of $1,209,357. VOTE: Ayes 3, Nays 0.
18. 2019 ROAD MAINTENANCE PLANNING AND ENGINEERING REPORT
Edwards stated Staff would like to start work on the 2019 road maintenance planning and engineering. A
list of roads is included in staff report. Forest Arms Landing has already been designed but it has been
included on the list.
In addition, as part of this item, Staff is seeking some direction on East Long Lake Road. Staff is
proposing that the City in 2019 fix the southern half of it. However, the northern half of Long Lake Road
is in absolutely terrible condition but would result in considerable cost. Edwards stated some options
include repairing the road, perhaps doing some patching, transitioning it from a road to a trail, or do
nothing, which is probably not a viable option. Edwards noted Public Works did close the road today
temporarily due to water from Long Lake going over the road, which is not an unusual occurrence.
Walsh noted the Council talked at an earlier meeting about perhaps tabling this item to give the Council
an opportunity to look at the roads and to understand the budget. Walsh noted East Long Lake Road
project has sections that you can shovel four or five feet underneath the road and that at some point the
road is going to fall into the lake. Walsh stated he would like to have some kind of open house to talk
about what should be done with the road and that one option is to turn it into a trail. Walsh stated from an
ecological standpoint, it is not a good idea to have a road right along the lake, and that if it is converted to
a trail, vehicular traffic will still have a cut -through that area but it will be a little bit longer.
Mayor Walsh asked if anyone from the public would like to comment on this item.
Page 7 of 15
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, April 23, 2018
7:00 o'clock p.m.
18. 2019 ROAD MAINTENANCE PLANNING AND ENGINEERING REPORT — Continued
Cassandra Ordway, 1145 County Road 6, asked what the City is planning on doing to maintain that road
in the interim. Ordway stated the road is pretty much impassable.
Walsh stated the Council would like to come to a solution in the foreseeable future and that he would like
to get the feedback of the neighbors on that road.
Rief suggested a public hearing be held on that item.
Ordway asked whether the residents on the east side are part of Wayzata.
Rief indicated they are not and that the Lake Lydia area is Orono.
Crosby moved, Seals seconded, to table the 2019 Road Maintenance Planning and Engineering
Report. VOTE: Ayes 3, Nays 0.
19. OLD LONG LAKE ROAD RIGHT-OF-WAY PERMIT
Edwards reported the City of Orono has received a right-of-way permit application from the developer for
a curb cut connection for the Landings at Long Lake development to Old Long Lake Road. The permit
application is for a driveway to serve four residences in Long Lake. The intersection in question is part of
the Highway 112 turn back phase two project.
The development is currently a one -lot property with three lots sharing a driveway. Currently there are
two driveways that attach into Old Long Lake Road. As Old Long Lake Road is relocated to the east, the
road will be completely located within Orono. As a result, the City will assume the responsibility to
provide access to those properties. Development of that property comes into conflict with City
ordinances which only allow up to two residences to share a driveway. That application was denied and
the applicant was asked to resubmit a revised plan. The current proposal is for a 24 -foot private driveway
that would service all seven of those properties.
Edwards noted a condition of the right-of-way permit is that the development agreement include language
establishing the maintenance responsibility for the private road/driveway as that of the development.
Walsh noted there was a tentative agreement with the City of Long Lake to maintain a portion of the road,
which has fallen through, and that what is now being proposed is a good solution. The property owners in
that area will now not have to take care of the maintenance or plowing and that in his view it is a win-win
solution.
Crosby moved, Seals seconded, to adopt RESOLUTION NO., A Resolution Granting a Right -of -
Way Permit with the conditions listed in the April 23, 2018, Staff report. VOTE: Ayes 3, Nays 0.
Page 8 of 15
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, April 23, 2018
7:00 o'clock p.m.
20. APPROVAL FOR BIG ISLAND MASTER PLAN
Edwards noted at the November meeting, the City Council authorized Bolton & Menk to prepare a master
plan and develop grant applications for Big Island. The master plan is a conceptual plan with cost
estimates, including ADA accessible pathways and destinations through the park, dock area
improvements, improvements to the overlook/pavilion area, beach improvements, and restroom facilities.
Edwards stated at the lookout point, the plan calls for rebuilding of the picnic shelter, providing picnic
tables, benches, some more signage, and the potential for a second restroom and perhaps a viewing
platform for ADA folks. Proposed for the beach is a picnic table and scattered throughout the park are
bollards for safety reasons to help limit motorized vehicles. Edwards noted the picnic tables would be
more of a concrete/stone structure and sitting stones in various locations. There are some dirt trails
already and the plan proposes maintaining those. The crushed limestone trail would be ADA compliant.
Edwards stated the goal with any of the infrastructure improvements is to make them robust and as
vandal -proof as possible.
The estimated cost for all of the proposed improvements is $226,650. The intent of the Big Island
Committee is to fund the various elements of the plan via donations and grants. As elements of the plan
are brought forward for execution, each element will go through a project approval process to determine
funding. Ongoing maintenance for any improvements will come from the Parks operating budget. As
funding becomes available, Staff will conduct the necessary planning, coordination, engineering, and
permitting. The plans will then be reviewed by the Minnehaha Creek Watershed District, the Parks
Commission, and the City Council for approval.
Edwards noted the white dotted lines on the map represent the boundaries of the different easements.
There is a fairly restrictive conservation easement over the entire park, with the center of the park and
lookout having a recreational easement placed over it to allow for some more passive activities.
Edwards recommended approval of the Big Island Master Plan.
Crosby asked if all the projects are in compliance.
Edwards stated some of the projects will require permits and review/approval by the Minnehaha Creek
Watershed District since they are the easement holder. Edwards noted structures are not allowed within
the conservation easement and would require approval from the MCWD.
Crosby stated in his view the MCWD would be in support of the proposed improvements since it helps
provide more access for the veterans.
Walsh stated the Big Island Committee is very interested in providing more accessibility for the veterans,
and the more seating areas that are available, the better.
Laura Dunlash, Minnehaha Creek Watershed District, stated the City of Orono and the Watershed District
have a long history of collaboration in developing projects and partnering with different groups for
significant public benefit, including the purchase of 56 acres on Big Island in 2005, utilizing some funds
from the Watershed District and other parties in exchange for the easement over the park. The easement
was conveyed to the Watershed District by the City of Orono to provide for perpetual protection of the
park.
Page 9 of 15
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, April 23, 2018
7:00 o'clock p.m.
20. APPROVAL FOR BIG ISLAND MASTER PLAN — Continued
The City of Orono's and MCWD's goal is to preserve the property's unique history and to maintain its
significant ecological value. In addition to the initial investment and purchase, the Watershed District has
also invested $997,000 in public funds for two shore stabilization projects on the Island.
MCWD's most recent coordination with the City on Big Island has been the review of the Big Island
Master Plan. MCWD Staff has reviewed the plan and approves of it in concept. At its April meeting, the
MCWD Board chose not to take action on the overall master plan but will consider the different
components of the plan as they are brought forward. The improvements will need to be permitted under
the terms of the conservation easement and should be designed to foster and not be contrary to the user's
ecological experience and not negatively impact any of the ecological system, and the improvements
should provide a minimal impact to the area. If the improvements attract vandalism, the City will need to
manage and maintain the facilities in the future.
Dunlash stated the Minnehaha Creek Watershed District looks forward to working with Staff as the
process moves forward.
Crosby stated in his view the plan is very thoughtful, it helps preserve the natural feel of the Island, and
enhances accessibility. Crosby commented it will serve the veterans and other residents of the
community well.
Walsh stated he is fully supportive of the plan and that he appreciates all the work of the Big Island
Committee and the Minnehaha Creek Watershed District.
Seals noted the intent was never to go to the MCWD meeting and gain approval of the plan, but the intent
was to gain their input. Seals stated as any project is undertaken, it will be brought before the MCWD.
Walsh commented the City has already done some improvements on the Island and that they are now
partnering with Home Depot through Camp Gratitude to perform more improvements. Walsh stated the
master plan helps provide guidance on future improvements to the park and will also help enhance the
veterans' enjoyment of the park.
Rick Carter, 2780 Shadywood Road, stated he has been very involved with the plan as part of the Big
Island Committee and that he also serves on the Park Commission. Carter noted the Park Commission
unanimously approved the plan at its last meeting. Carter stated the plan is a concept plan and that one of
the main things the Big Island Committee is looking for is collaboration on seeking funds. Carter
recommended the City Council vote in favor of the master plan.
Seals noted one of the questions raised in the letter from the Watershed District was what Orono has done
and plans to do. Seals stated within the last year the City has hired a full-time parks person that is
dedicated to parks. The City will also have someone out there every two weeks to keep an eye on things,
which historically has not happened. In addition, the City has procured a storage structure for the
lawnmower and portions of the park will be regularly mowed.
Seals stated they have a dedicated committee made up of people with a variety of backgrounds and lots of
great ideas. Seals stated a number of people are involved in making Big Island better, and that just
because it is tough to manage does not mean it should be ignored. Seals stated it is 50 -plus acres in the
Page 10 of 15
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, April 23, 2018
7:00 o'clock p.m.
20. APPROVAL FOR BIG ISLAND MASTER PLAN — Continued
middle of the lake and it will be a challenge to maintain. Seals thanked City Engineer Adam Edwards,
the Watershed District, and Bolton and Menk for their work on this.
Seals commented the veterans are excited about gaining increased accessibility to Big Island and that they
are working toward improving the trails to provide handicap accessibility. Seals noted to obtain any
grants, you need a plan, and to obtain legacy funds, you need a plan. Without a plan, it likely will end up
costing twice as much and take twice as long.
Walsh noted the City reimplemented the Park Commission with a budget and that the City is being
sensible in their improvements on the Island and elsewhere.
Seals moved, Crosby seconded, to approve the Big Island Master Plan. VOTE: Ayes 3, Nays 0.
21. LONG LAKE WATERSHED PARTNERSHIP AGREEMENT FOR CARP REMOVAL
AND STUDY
Edwards stated over the past few years Orono has been working with Long Lake, Medina, and the
Watershed District with the goal of improving water quality in Long Lake. In 2016, the City Council
passed a resolution agreeing to partner with Long Lake and Medina to explore opportunities to apply for
grants and collaboratively complete larger regional projects to meet these goals. In 2017, the group
applied for but did not receive a Hennepin County grant to conduct a 3 -year study of carp impacts on the
watershed.
Subsequently, the Long Lake Waters Association approached the various parties and asked if the group
would be interested in moving forward with a smaller scale study and removal plan. The LLWA is now
proposing a one-year study of the carp as well as removal of the carp at the same time. The work will
include lake bed obstruction removal; electrofishing surveys, radio tag implants, telemetry surveys, carp
aging study, and carp removal. The intent is to use the information gathered from this project to inform
future carp related activities in the Watershed.
The Cities of Long Lake and Medina have agreed in principle to participate in the plan. Edwards stated it
is also his belief that the Watershed District has agreed in principle to participate. Long Lake will act as
the contracting party and manage the project funding. The LLWA is asking the City to contribute
$10,000 to the project.
Edwards stated funding for the project would come from the Stormwater Management Fund. The City's
Capital Improvement Plan forecasts TMDL projects in the amount of $51,000 per year. No other projects
for 2018 have been identified for TMDL reduction. Staff recommends approval of the proposal.
Mayor Walsh asked if anyone from the public would like to comment on this item.
Cassandra Ordway, 1145 County Road 6, stated she would like to commend all involved parties for their
work the past two years and that the proposal tonight is a great first step at improving the watershed,
which is a long-term commitment. Ordway stated understanding the carp, which will not solve all of the
Page 11 of 15
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, April 23, 2018
7:00 o'clock p.m.
21. LONG LAKE WATERSHED PARTNERSHIP AGREEMENT FOR CARP REMOVAL
AND STUDY — Continued
problems in the watershed, will give a good idea of where the carp are spawning and moving. From the
Long Lake Waters Association's perspective, there is a ground swelling of community support for this
and that they look at the partnership as a strength. Ordway stated in her view the small financial
contribution by each of the parties will be well worth it.
Walsh commented everyone likes clean water, but the issue is that Orono has a number of bays within the
City and that the City has told other LIDs and nonprofits that they have to assume some responsibility for
the watershed. Walsh stated he sees this as a Watershed project and that historically the City has not
given to nonprofits because that would prompt other nonprofits to approach the City asking for money.
Walsh stated people who live on the lake need to be responsible for the water quality as well as the people
who live upstream.
Ordway stated she does not see this as giving money to the LLWA and that it is more a public-private
partnership. Ordway stated the project would be a positive step for Long Lake, Orono, and Medina to
address their TMDLs, which they are required to do. Ordway stated the Minnehaha Creek Watershed
District is very interested in working in the lake and that there is a lot of community support willing to
help Orono look at the watershed and do some positive work. Ordway stated she does not see this as the
City of Orono supporting a nonprofit but rather a partnership.
Walsh stated it is not only helping a nonprofit but it is helping residents on one specific body of water.
Walsh noted the City has had other LIDs request money to address invasive species and the City has said
it was their responsibility.
Crosby asked how this situation is different from a LID program like on Carman Bay.
Ordway stated the first proposal looked at the whole watershed and that grant was denied because they
did not have information on the carp. Ordway stated they then scaled down the project to make it a one-
year project rather than a 3 -year project. With the original proposal, each of the three cities committed
$18,000 each. Ordway stated without this data, they do not feel they can leverage any additional money
in grants or legacy money. Ordway stated water quality affects other lakes in the area and not just the
residents of one particular lake or bay.
Walsh stated in his view this should be a Watershed issue and that they should get all the other cities to
donate money.
Crosby stated it is not necessarily a City issue.
Ordway stated the Minnehaha Creek Watershed District is very much committed to the project but that
she does not believe the Watershed District is going to undertake the entire project. Ordway stated the
project at Six Mile Creek is a partnership and is a really great way to do some leveraging of public and
private dollars.
Crosby stated his concern would be that it would open up Pandora's Box and that residents on other bays
will come to the City asking for financial help. Crosby noted Orono has more shoreline than any other
city on the lake.
Page 12 of 15
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, April 23, 2018
7:00 o'clock p.m.
21. LONG LAKE WATERSHED PARTNERSHIP AGREEMENT FOR CARP REMOVAL
AND STUDY — Continued
Ordway stated carp is the number one contributor to the phosphorus in the water and that the cities in the
watershed district have to do something to address the TMDLs. Ordway stated this project will help
everyone understand where the TMDLs are coming from and that it is a really important project for
Orono in understanding the nitrogen and phosphorus in the water.
Rief asked if the City has a requirement to spend so many dollars per year on reducing TMDLs.
Edwards stated there is not a requirement to commit a certain dollar amount but there are assigned
TMDLs requirements from the state. In this particular subwatershed, Orono is supposed to remove an
additional 125 pounds per year of phosphorus. Edwards stated the way the City currently accomplishes
that is through stormwater improvements and street sweeping. Edwards stated this proposal is another
potential way for the City to meet some of its TMDL requirements. The biggest unknown at this time is
what the contribution of carp is to TMDLs in this particular subwatershed and that this might be a good
opportunity to look at it and see whether additional carp removal projects would help.
Walsh noted this is money for a study versus dollars that go for specific projects that they know actually
reduce TMDLs. Walsh noted there are only three council members present tonight and that he would like
to hear what the other two council members have to say.
Crosby stated his concern is the type of results they would get for the money.
Rief asked how much the grant was for and whether there were specific reasons for why the grant was not
approved.
Ordway stated to her knowledge the original grant was $250,000 and each of the three cities was going to
contribute approximately $6,000 each and the MCWD was going to give an in-kind contribution. The
feedback from Hennepin County was that they would like to see more data around the carp within the
watershed before they would be willing to give a long-term grant for carp removal. Hennepin County
wanted hard data on population size, movement, and age. Ordway stated carp are extremely invasive and
prolific, and without that data, to simply go in and remove the carp from the water will not solve
anything. Ordway stated addressing the problem needs a more scientific approach, which is what
Hennepin County wanted. Ordway indicated the grant went to do the project at Six Mile.
Crosby asked who provided that data.
Ordway indicated she does not know but that she could find out. Ordway stated it has been documented
in the Long Lake Watershed Plan from the MCWD that one of the highest drivers for water clarity is carp.
Ordway commented it is something that has been talked about for quite a few years but no action has
been taken. Ordway stated the people involved have worked very hard over the past two years to put
together this partnership and that the study will provide a number of benefits for a small investment.
Ordway stated $10,000 is a small amount, and that without the partners, Orono would not be able to do
this project. Ordway stated in her view it is something that Orono should seriously think about.
Rief requested she submit information on the Six Mile Creek project to Mr. Edwards.
Page 13 of 15
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, April 23, 2018
7:00 o'clock p.m.
21. LONG LAKE WATERSHED PARTNERSHIP AGREEMENT FOR CARP REMOVAL
AND STUDY — Continued
Edwards stated he believes he already has that information. Edwards stated they were looking at a
$220,000 project in 2017, with $20,000 coming from each of the municipalities. Edwards stated the
genesis of the partnership has been the three cities getting together and not the Long Lake Water
Association, but that the LLWA has now stepped up as a partner to this project.
Walsh stated if they obtain all the data, they are still talking about removing carp from Long Lake.
Ordway stated the study will provide the data to remove the carp but it will also give them the
information they need so they can then go back to Hennepin County to apply for grants for other projects
throughout the watershed. Ordway noted Long Lake is willing to be the lead on this project.
Matt Johnson, 1342 Shoreline Drive, stated he does own a house on Tanager but that this is the first he
has heard of this. Johnson asked what TMDL is.
Rief indicated it stands for total maximum daily load, which is the loading of nutrients in the water.
Johnson stated if he is right, Orono is the biggest contributor to the LMCD, and that it was mentioned
how Long Lake impacts Lake Minnetonka. Johnson stated he is surprised not to see the LMCD as a
partner and that he would suggest they try to get the LMCD to leverage some of the funds Orono
contributes.
Walsh noted the City of Orono contributes around $65,000 per year to the LMCD and that involving them
as a partner is a good idea.
Crosby moved, Seals seconded, to table Item No. 21, Long Lake Watershed Partnership Agreement
for Carp Removal and Study. VOTE: Ayes 3, Nays 0.
MAYOR/COUNCIL REPORT
Seals stated she attended the Long Lake Fire Department's pancake breakfast and that she was happy to
see there was an amazing turnout even though it was delayed a week.
Crosby stated the Fire Department pancake breakfast was terrific, with a great turnout.
Walsh stated he also attended the pancake breakfast and there was a great turnout.
Walsh noted a week and a half ago he met with City Administrator Rief and some Orono police officers
for the grand opening in Navarre at the Freshwater Institute for the WeCan event. Walsh commented it is
nice to see some new life in Navarre.
Walsh noted there is a grand opening this weekend at the Cookie Cup.
CITY ADMINISTRATOR'S REPORT
City Administrator Rief noted Saturday, April 28, is Orono's annual spring cleanup from 8 am to 2 p.m.
at the Public Works building.
Page 14 of 15
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, April 23, 2018
7:00 o'clock p.m.
CITY ATTORNEY'S REPORT
City Attorney Mattick stated he had nothing to report.
22. CLOSED SESSION FOR PERFORMANCE REVIEW OF THE CITY ADMINISTRATOR
Crosby moved, Seals seconded, to enter into closed session at 8:55 p.m. to review the performance
of the City Administrator. VOTE: Ayes 3, Nays 0.
(The City Council went into closed session from 9:00 p.m. to 9:30 p.m.)
ADJOURNMENT
Seals moved, Crosby seconded, to adjourn the Orono City Council meeting at 9:30 p.m. VOTE:
Ayes 3, Nays 0.
ATTEST:
Anna Carlson, City Clerk Dennis Walsh, Mayor
Page 15 of 15
Orono City Council
Work Session
Monday, April 23, 2018
Council Chambers 5:00 p.m.
PRESENT: Mayor Dennis Walsh, Council Members Richard F. Crosby II, and Victoria
Seals. Representing staff were City Administrator Dustin Rief, Finance Director Ron Olson,
Director of Public Works/City Engineer Adam Edwards, and City Clerk Anna Carlson.
Meeting Start Time: 5:10 p.m.
1. Police Pay Disparity — Discuss Temporary Fix with Discussion Towards Long -Term
Solution
City Administrator Dustin Rief reported that he had received a complaint regarding wage
encroachment in the Police Department. When the pay study was conducted in 2015, the Police
Department was excluded. Due to exclusion, it created a disparity in the pay ranges. Rief would
like to move the Deputy Chief up from Grade 14, Step 7 to Grade 15, Step 7 pending a wage
study and retro grade the pay back to the beginning of the year.
Council Member Victoria Seals asked what the percentage was between the Police Chief to
Deputy Chief and then from the Deputy Chief to the Sergeants.
Rief described the pay scale that indicates the positions and wages currently. Rief indicated that
the Police Chief would make approximately 20% more than the Deputy Chief and that the
change would not impact the Police Chief's position. The Deputy Chief would be close to 10%
above the Sergeant's Pay.
Mayor Dennis Walsh asked if we will be separating the Chief and Deputy Chief Positions out of
the Non — Union administrative pay scale.
Rief noted that there was no need, but he could add that as part of the scope for the comparison.
Walsh noted that it may be a good idea to have a policy addressing pay so we are not comparing
Administration staff to Police staff.
Seals asked why there was so much overtime within the Police Department.
Rief noted that it is on his agenda and that he was looking into it. It was significant enough that
it may justify looking into hiring an additional officer.
Finance Director Ron Olson added that much of the overtime is due to work done for Lord
Fletchers and other events that have requested or are in need of additional police services.
Seals would like to know how much are we getting reimbursed for Police Department and if that
affects their retirement.
Olson mentioned the City does charge for those events at $100 per hour and that it increases their
retirement.
Walsh would like to know the total overtime paid versus the total reimbursements received for
additional service to see if it is or is not necessary to hire an additional officer.
Rief confirmed to separate the Police Chief and Deputy Chief in own pay scale and that he will
add it to the scope.
Olson noted that we will need to bring the changes to the pay scale to council and review the
grade and points needed to justify the grade level.
2. Process Discussion Dealing with Policy Around Private to Public Road Conversions
Rief mentioned that we have over twenty miles of private roads and staff has discussed
considering a policy to establish possible standards for private roads.
There was discussion considering the responsibilities of developers, homeowners, and the city
when developing and maintaining private roads. There was further discussion of whether there
is a need or not for a policy or policies for standards.
Rief added that the city could go through an assessment for a policy for private road repair and
the policy would need to set limits and possibly address restrictions for certain circumstances.
There was discussion of various circumstances that would affect limits within a policy for
maintenance and repair to private roads and the difficulties with establishing those limits since
many of the private roads vary in comparison.
Discussion regarding the establishment of a policy will be tabled for the time being and reviewed
at a later date.
3. Land Acquisition / Sale Discussion
Rief mentioned what generated this item was the planned improvements in the right of way on
Elmwood Avenue. Rief explained that the city has many streets and corridors where streets,
utilities and parks intrude onto private property. He would like to review all of the city owned
properties and figure out what the city is doing with those properties and if any fixes or changes
are necessary for them.
Rief is looking for direction to establish guidance related to the review of current city owned
properties, the sale of any deemed no longer necessary for public use and the acquisition of new
property in an effort to honor current property owners where public use may intrude on their
rights.
There was discussion regarding the benefits of reviewing the city owned properties or right of
ways and figuring out what to do with them.
Meeting End Time: 6:15 p.m.
ATTEST:
Anna Carlson, City Clerk Dennis Walsh, Mayor
AGENDA ITEM
Item No.: 3
Item Description: Claims/Bills
Date: May 14, 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
109443 to 109560, totaling $334,591.96.
3. Noteworthy Payments.
Vendor
Amount
Description of Payment
# 109484 Dodge of Burnsville
Purchase of 3 new squads
$45,464.00
#109516 Mission Communications
$ 4,206.60
Annual service fee for sewer lifts station alarm service.
This service notifies the on-call Public Works employee if
there is a lift station problem.
#109545 The Home Depot
$ 5,137.52
This includes payment for the new shed located at the
brush site.
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: ju Reviewed By: 5bV Approved By: -' V
City of Orono Check Register - COUNCIL REPORT Page: 1
Check Issue Dates: 4/24/2018 - 5/14/2018 May 10, 2018 11:24AM
Department
Check
Check
Invoice
Invoice GL Account
Description
Payee
Issue Date
Number
Number
Public Works Department
2.56
ADAM EDWARDS
05/14/2018
109454
052018
101-43000-331
Mileage-CSAH 112 Mtg
ADAM EDWARDS
05/14/2018
109454
052018
101-43000-331
Mileage -Verizon Site Visits
ADAM EDWARDS
05/14/2018
109454
052018
101-43000-331
Mileage -E. Long Lake Road Site Visit
ADAM EDWARDS
05/14/2018
109454
052018
101-43000-331
Mileage -GC GIS Collection
ADAM EDWARDS
05/14/2018
109454
052018
101-43000-331
Mileage -MSA Screening Board
Total 109454:
Advance Auto Parts
04/24/2018
109359
6974-318804
701-49800-224
Floor Dry
Total 109359:
Advance Auto Parts
04/24/2018
109444
6974-318804
701-49800-224
Floor Dry
Advance Auto Parts
04/24/2018
109444
6974-318804
701-49800-224
Exempted Tax
Total 109444:
ADVANCED IMAGING SOLUTIO
05/14/2018
109455
356206375
101-41900-413
CH Copier Lease 4/20/18-5/20/18
ADVANCED IMAGING SOLUTIO
05/14/2018
109455
356227025
101-42110-413
Police Copier 4/20/18 - 5/20/18
Total 109455:
ALLSTREAM
05/14/2018
109456
15303087
101-42110-321
Phone service
ALLSTREAM
05/14/2018
109456
15303087
101-41900-321
Phone Service
ALLSTREAM
05/14/2018
109456
15303087
601-49400-321
Phone Service
ALLSTREAM
05/14/2018
109456
15303087
602-49450-321
Phone Service
Total 109456:
ANCOM TECHNICAL CENTER
05/14/2018
109457
78187
101-42110-550
Investigation squads
Total 109457:
APPRIZE TECHNOLOGY SOLUT
05/14/2018
109458
16118
101-41900-319
05/18 -Insurance admin fee
Total 109458:
BIFFS INC
05/14/2018
109459
W674666
101-45200-415
Bederwood Park
BIFFS INC
05/14/2018
109459
W674667
101-45200-415
Summit Beach
BIFFS INC
05/14/2018
109459
W674668
101-45200-415
Hackberry Park
Department
Invoice
Police Department
Amount
Public Works Department
1.09
Public Works Department
9.81
Public Works Department
7.09
Public Works Department
2.56
Public Works Department
36.57
54.66
52.06
Central Services
2,299.65
Police Department
345.40
2,645.05
Police Department
320.77
Central Services
449.07
Water
74.85
Sewer
224.53
Police Department
Central Services 492.00
492.00
Parks 80.00
Parks 11.43
Parks 66.97
City of Orono Check Register - COUNCIL REPORT Page: 2
Check Issue Dates: 4/24/2018 - 5/14/2018 May 10, 2018 11:24AM
Total 109459
BOLTON & MENK INC.
BOLTON & MENK INC.
BOLTON & MENK INC.
BOLTON & MENK INC.
BOLTON & MENK INC.
BOLTON & MENK INC.
BOLTON & MENK INC.
BOLTON & MENK INC.
BOLTON & MENK INC.
BOLTON & MENK INC.
BOLTON & MENK INC.
BOLTON & MENK INC.
BOLTON & MENK INC.
BOLTON & MENK INC.
BOLTON & MENK INC.
BOLTON & MENK INC.
BOLTON & MENK INC.
BOLTON & MENK INC.
BOLTON & MENK INC.
BOLTON & MENK INC.
BOLTON & MENK INC.
Total 109460
BOYER TRUCKS
Total 109461:
BUDGET PRINTING
BUDGET PRINTING
BUDGET PRINTING
05/14/2018 109460 0216754
05/14/2018 109460 0216757
05/14/2018 109460 0216758
05/14/2018 109460 0216759
05/14/2018 109460 0216760
05/14/2018 109460 0216760
05/14/2018 109460 0216760
05/14/2018 109460 0216760
05/14/2018 109460 0216761
05/14/2018 109460 0216763
05/14/2018 109460 0216771
05/14/2018 109460 0216788
05/14/2018 109460 0216788
05/14/2018 109460 0216788
05/14/2018 109460 0216790
05/14/2018 109460 0216791
05/14/2018 109460 0216793
05/14/2018 109460 0216794
05/14/2018 109460 0216795
05/14/2018 109460 0216796
05/14/2018 109460 0216797
Invoice GL Account Description
101-45210-415
Check
Check
Invoice
Payee
Issue Date
Number
Number
BIFFS INC
05/14/2018
109459
W674669
BIFFS INC
05/14/2018
109459
W674670
BIFFS INC
05/14/2018
109459
W674671
BIFFS INC
05/14/2018
109459
W674672
BIFFS INC
05/14/2018
109459
W674673
Total 109459
BOLTON & MENK INC.
BOLTON & MENK INC.
BOLTON & MENK INC.
BOLTON & MENK INC.
BOLTON & MENK INC.
BOLTON & MENK INC.
BOLTON & MENK INC.
BOLTON & MENK INC.
BOLTON & MENK INC.
BOLTON & MENK INC.
BOLTON & MENK INC.
BOLTON & MENK INC.
BOLTON & MENK INC.
BOLTON & MENK INC.
BOLTON & MENK INC.
BOLTON & MENK INC.
BOLTON & MENK INC.
BOLTON & MENK INC.
BOLTON & MENK INC.
BOLTON & MENK INC.
BOLTON & MENK INC.
Total 109460
BOYER TRUCKS
Total 109461:
BUDGET PRINTING
BUDGET PRINTING
BUDGET PRINTING
05/14/2018 109460 0216754
05/14/2018 109460 0216757
05/14/2018 109460 0216758
05/14/2018 109460 0216759
05/14/2018 109460 0216760
05/14/2018 109460 0216760
05/14/2018 109460 0216760
05/14/2018 109460 0216760
05/14/2018 109460 0216761
05/14/2018 109460 0216763
05/14/2018 109460 0216771
05/14/2018 109460 0216788
05/14/2018 109460 0216788
05/14/2018 109460 0216788
05/14/2018 109460 0216790
05/14/2018 109460 0216791
05/14/2018 109460 0216793
05/14/2018 109460 0216794
05/14/2018 109460 0216795
05/14/2018 109460 0216796
05/14/2018 109460 0216797
Invoice GL Account Description
101-45210-415
Orono Golf Course
101-45200-415
Crystal Bay Playground
101-45200-415
Navarre Playground
101-45200-415
French Creek Preserve
101-45200-415
Lurton Park
602-16500
2017 Sewer Improvements
101-43280-304
18-3994 - 3635 Togo Road
101-43280-304
LA18-000034 - 2635 Kelley Prkwy
101-43280-304
LA18-000036 - 2745 Kelley Prkwy
602-49450-304
GIS Maintenance
601-49400-304
GIS Maintenance
651-49910-304
GIS Maintenance
101-43170-304
GIS Maintenance
651-49910-304
Drainage
101-43280-304
2018 Engineering - Verizon Telecom Equip.
602-16500
2018 Sewer Improvements
601-49400-304
Navarre Water
101-43170-304
CSAH 112
101-45200-304
Big Island Grant
435-48966-304
2018 Street Improvement
435-48972-304
2019 Street Improvement
101-42400-304
Comp Plan Support
402-48055-304
OCB Feasibility
101-43280-304
16-3842 - Orono Preserve
101-43280-304
16-3868 - Shadywood Villas
601-49400-304
Water Supply Plan
05/14/2018
109461
193750R
701-49800-224
Parts for Truck 424
05/14/2018
109462
6914
101-42110-240
Junior Police Badges
05/14/2018
109462
7063
101-42110-352
New Hire Plates
05/14/2018
109462
7126
601-49400-322
UPS Water
Department
Golf Course
Parks
Parks
Parks
Parks
Special Services
Special Services
Special Services
Sewer
Water
Storm Water
Engineering
Storm Water
Special Services
Water
Engineering
Parks
Building & Zoning
OCB Road Reconstruction
Special Services
Special Services
Water
Police Department
Police Department
Water
Invoice
Amount
62.78
31.25
80.00
31.25
426.18
1,008.00
244.00
692.00
122.00
588.00
288.00
1,410.00
408.00
724.00
825.00
502.00
490.00
427.00
30.00
15,811.00
164.00
663.00
38,594.00
560.00
112.00
4nn nn
54.11
215.10
12.00
12.89
City of Orono
Check Register - COUNCIL REPORT
Check Issue Dates: 4/24/2018 - 5/14/2018
Check Check Invoice Invoice GL Account Description
Payee Issue Date Number Number
Total 109462:
05/14/2018
109467
041318
101-42110-437
CARDMEMBER SERVICE
BUSINESS ESSENTIALS
05/14/2018
109463
WO -377262-
101-41900-201
supplies
BUSINESS ESSENTIALS
05/14/2018
109463
WO -377262-
101-41900-201
supplies
Total 109463:
101-42110-437
CARDMEMBER SERVICE
05/14/2018
109467
042518
CALIBRE PRESS
05/14/2018
109464
59209
101-42110-437
Tactics in Traffic - W. Carstens
Total 109464:
05/14/2018
109467
050118
101-42110-402
CARDMEMBER SERVICE
CANVAS SOLUTIONS INC
05/14/2018
109465
1188017958
101-42110-319
2018/2019 - Canvas Annual Subscription
Total 109465:
1042000314
101-41300-437
CARDMEMBER SERVICE
05/14/2018
109467
CAPITOL BEVERAGE SALES L.P
05/14/2018
109466
2099519
101-45210-091
beer
Total 109466
CARDMEMBER SERVICE
05/14/2018
109467
041318
101-42110-437
CARDMEMBER SERVICE
05/14/2018
109467
041918
101-42110-402
CARDMEMBER SERVICE
05/14/2018
109467
042318
101-42110-437
CARDMEMBER SERVICE
05/14/2018
109467
042418
101-42110-437
CARDMEMBER SERVICE
05/14/2018
109467
042518
101-42110-437
CARDMEMBER SERVICE
05/14/2018
109467
042618
101-42110-441
CARDMEMBER SERVICE
05/14/2018
109467
050118
101-42110-402
CARDMEMBER SERVICE
05/14/2018
109467
050518
101-42110-439
CARDMEMBER SERVICE
05/14/2018
109467
1042000314
101-41300-437
CARDMEMBER SERVICE
05/14/2018
109467
13901
101-41300-331
CARDMEMBER SERVICE
05/14/2018
109467
15281
101-41300-437
CARDMEMBER SERVICE
05/14/2018
109467
1669158
101-14101
CARDMEMBER SERVICE
05/14/2018
109467
168
101-41110-439
CARDMEMBER SERVICE
05/14/2018
109467
5944
101-41300-437
CARDMEMBER SERVICE
05/14/2018
109467
613261
101-41110-439
CARDMEMBER SERVICE
05/14/2018
109467
6693
101-41300-331
CARDMEMBER SERVICE
05/14/2018
109467
85665216
101-45210-404
CARDMEMBER SERVICE
05/14/2018
109467
WS -4123
101-41110-439
Department
Central Services
Central Services
Police Department
Police Department
Golf Course
Lunch while attending MCPA Conference
Police Department
Carwash for #235
Police Department
Dinner at MCPA Conference
Police Department
Breakfast while attending MCPA conference
Police Department
3 Hotel Rooms for MCPA Conference
Police Department
Renewal of MH Police Licenses
Police Department
Carwash for #235
Police Department
Breakfast Items for Hwy Clean Up
Police Department
Cards for Employees
Administration
Meal at 2018 MCFOA Conference
Administration
Cards for Employees
Administration
Non -Oxygenated Gas for Saws & Portable General
Food for CC WS 4/23
Mayor & Council
Card for Monica's Retirement
Administration
Food for WS 4/23
Mayor & Council
Meal at 2018 MCFOA Conference
Administration
Irrigation Repair Parts
Golf Course
Work Session Food 4/23 & Council Cookies for Mee
Mayor & Council
Page: 3
May 10, 2018 11:24AM
Invoice
Amount
239.99
42.85
9.26
52.11
149.00
149.00
410.00
410.00
331.80
48.00
10.00
75.32
31.66
1,168.38
1,125.00
10.00
27.89
5.81
15.05
13.26
26.23
10.99
4.29
70.00
16.08
338.64
15.46
City of Orono Check Register - COUNCIL REPORT Page: 4
Check Issue Dates: 4/24/2018 - 5/14/2018 May 10, 2018 11:24AM
Check Check Invoice Invoice GL Account
Payee Issue Date Number Number
Total 109467
CARGILL SALT
05/14/2018
109468
2903992372
101-43000-224
CARGILL SALT
05/14/2018
109468
2904085647
601-49400-216
Total 109468:
1,002.16
Gas Service 3/20-4/19/18
Police Department
289.27
Catherine Powell
05/14/2018
109469
050218
999-10015
Total 109469:
#232 service
Police Department
43.16
#240 service
CENTERPOINT ENERGY MAIN
05/14/2018
109470
042018
602-49450-381
CENTERPOINT ENERGY MAIN
05/14/2018
109470
042618
601-49400-381
CENTERPOINT ENERGY MAIN
05/14/2018
109470
042618
602-49450-381
CENTERPOINT ENERGY MAIN
05/14/2018
109470
042618
101-41900-381
CENTERPOINT ENERGY MAIN
05/14/2018
109470
042618
101-42110-381
CENTERPOINT ENERGY MAIN
05/14/2018
109470
042618
101-45210-381
Total 109470:
CENTURY LINK
05/14/2018
109471
041918
101-45210-321
Total 109471:
CHRIS FISCHER
05/14/2018
109472
043018
101-42110-439
CHRIS FISCHER
05/14/2018
109472
043018
101-42110-439
CHRIS FISCHER
05/14/2018
109472
043018
101-42110-437
CHRIS FISCHER
05/14/2018
109472
043018
101-42110-437
Total 109472:
CHUNKS LAKESHORE AUTO
05/14/2018
109473
0015572
101-42110-402
CHUNKS LAKESHORE AUTO
05/14/2018
109473
0015597
101-42110-402
CHUNKS LAKESHORE AUTO
05/14/2018
109473
0015600
101-42110-402
CHUNKS LAKESHORE AUTO
05/14/2018
109473
0015603
101-42110-402
CHUNKS LAKESHORE AUTO
05/14/2018
109473
0015608
101-42110-402
CHUNKS LAKESHORE AUTO
05/14/2018
109473
0015612
101-42110-402
Description Department Invoice
Amount
3,012.06
Road salt Public Works Department 1,631.30
softener salt Water 4.595.60
UB Refund 458 Linden Ave 2-404580-01
O,LLO.Z1U
i.+ i.ua
LS #2 Generator 2/17-4/18/18
Sewer
4.85
Gas Service 3/20-4/19/18
Water
675.25
Gas Service 3/20-4/19/18
Sewer
505.23
Gas Service 3/20-4/19/18
Central Services
1,002.16
Gas Service 3/20-4/19/18
Police Department
289.27
Gas Service 3/204/19/18
Golf Course
93.84
GC phone/internet 4/19-5/18/18
Golf Course
L,.7 / U.OU
LUO.OU
WCC Meetings Jan -April 2018
Police Department
45.85
Driving School
Police Department
12.54
Training
Police Department
13.50
Parking - Chiefs Conference
Police Department
5.00
76.89
#248 Service
Police Department
80.55
#841 service
Police Department
471.95
#232 service
Police Department
43.16
#240 service
Police Department
333.62
4245 Service
Police Department
47.17
#242 Service
Police Department
81.87
City of Orono Check Register - COUNCIL REPORT
Check Issue Dates: 4/24/2018 - 5/14/2018
Page: 5
May 10, 2018 11:24AM
Department
Check
Check
Invoice
Invoice GL Account
Description
Payee
Issue Date
Number
Number
Central Services
206.28
Water
31.50
Public Works Department
31.50
Police Department
204.00
Total 109473:
204.00
Police Department
450.00
450.00
CINTAS CORPORATION
05/14/2018
109474
4005335412
101-43000-226
Uniforms
CINTAS CORPORATION
05/14/2018
109474
4005505646
101-43000-226
Uniforms
CINTAS CORPORATION
05/14/2018
109474
4005683945
101-43000-226
Uniforms
Total 109474:
CITY OF BLOOMINGTON
05/14/2018
109475
1800082
601-49400-489
Bacterial Water Testing
Total 109475:
CITY OF MINNEAPOLIS RECEIV
05/14/2018
109476
4004130071
101-42110-311
2018 APS Annual QO UserAccess8
Total 109476:
CITY OF ST PAUL
05/14/2018
109477
IN00028235
101-42110-437
PDI Training - Fournier & McCoy
Total 109477:
CITY OF WAYZATA
05/14/2018
109478
1 ST QTR 20
601-49400-387
1 st Quarter 2016 Water
CITY OF WAYZATA
05/14/2018
109478
1 ST QTR 20
602-49450-387
1 st Quarter 2016 Sewer
Total 109478:
City of Wayzata\DMV
04/24/2018
109443
042418
405-48500-550
Unit #427 Registration
Total 109443:
City of Wayzata\DMV
05/14/2018
109479
043018
101-42110-550
Squad #254 Registration
Total 109479:
CONTINENTAL RESEARCH CO
05/14/2018
109480
462238 -CRC
101-41900-223
PW Supplies
Total 109480:
CORE & MAIN
05/14/2018
109481
1763956
101-43000-240
Portable Light and Generator
CORE & MAIN
05/14/2018
109481
1763956
601-49400-240
Portable Light and Generator
Page: 5
May 10, 2018 11:24AM
Department
Invoice
Amount
1,058.32
Public Works Department
63.96
Public Works Department
78.36
Public Works Department
63.96
Central Services
206.28
Water
31.50
Public Works Department
31.50
Police Department
204.00
204.00
Police Department
450.00
450.00
Water
3,826.22
Sewer
7.726.98
11,553.20
7,541.00
7,541.00
Police Department
21.75
21.75
Central Services
222.00
222.00
Public Works Department
1,125.00
Water
1.125.00
City of Orono
Check Register - COUNCIL REPORT
Check Issue Dates: 4/24/2018 - 5/14/2018
Check
Check
Invoice
Invoice GL Account Description
Department
Payee
Issue Date
Number
Number
CORE & MAIN
05/14/2018
109481
1763956
602-49450-240
Portable Light and Generator
Sewer
CORE & MAIN
05/14/2018
109481
1763956
651-49910-240
Portable Light and Generator
Storm Water
Total 109481:
CORREY FARN10K
05/14/2018
109482
JLLHSK
101-42110-437
Airfare for IACP Conference
Police Department
Total 109482:
DAVE KLITZKE
05/14/2018
109483
042018
101-41500-331
South Water Treatment Plant
Finance Department
Total 109483:
DODGE OF BURNSVILLE
05/14/2018
109484
043018
101-42110-550
New squad #256 & #257 - 2018 Dodge Journeys
Police Department
Total 109484:
DPC INDUSTRIES
05/14/2018
109485
827000529-1
601-49400-216
Chlorine
Water
DPC INDUSTRIES
05/14/2018
109485
DE82000024
601-49400-216
Chlorine
Water
Total 109485:
DVS RENEWAL
05/14/2018
109486
043018
101-42110-550
Squad #256 2018 Dodge Journey
Police Department
DVS RENEWAL
05/14/2018
109486
043018
101-42110-550
Squad #257 2018 Dodge Journey
Police Department
Total 109486:
EARL F ANDERSON & ASSOC
05/14/2018
109487
0117074 -IN
101-43000-224
Tree Trimming Ahead Sign
Public Works Department
Total 109487:
ECM PUBLISHERS INC
05/14/2018
109488
585978
101-41900-352
Open Book Meeting
Central Services
ECM PUBLISHERS INC
05/14/2018
109488
591810
101-41900-352
Ordinance 205
Central Services
ECM PUBLISHERS INC
05/14/2018
109488
591811
601-49400-352
2017 Drinking Water Report
Water
ECM PUBLISHERS INC
05/14/2018
109488
592122
101-45200-352
Brush Site Job Ad
Parks
Total 109488:
Ed Rundle (Police Reserve)
05/14/2018
109489
050518
101-42110-439
Pizza after Hwy Clean Up
Police Department
Page: 6
May 10, 2018 11:24AM
Invoice
Amount
4,500.00
323.40
323.40
13.08
13.08
45,464.00
45,464.00
102.00
30.00
132.00
1,481.83
65.56
AO7 OG
65.53
City of Orono Check Register - COUNCIL REPORT
Check Issue Dates: 4/24/2018 - 5/14/2018
Page: 7
May 10, 2018 11:24AM
Department
Check
Check
Invoice
Invoice GL Account
Description
Payee
Issue Date
Number
Number
Police Department
15.24
Police Department
89.88
Police Department
122.23
Total 109489:
FASTENAL
05/14/2018
109490
MNPLY1017
101-43000-224
Sign Nuts & Bolts
Total 109490:
FRED VARGAS
05/14/2018
109491
042518
101-42110-437
1st Response/CPR/First Aid Training
Total 109491:
FUN EXPRESS LLC
05/14/2018
109492
689479278-0
101-42110-229
Explorer Supplies
FUN EXPRESS LLC
05/14/2018
109492
689479278-0
101-42110-229
Explorer Supplies
Total 109492:
GENUINE PARTS COMPANY/NA
05/14/2018
109493
3270-399412
701-49800-224
712 Wipers
GENUINE PARTS COMPANY/NA
05/14/2018
109493
3270-400056
101-42110-221
Squad Headlight Bulbs
Total 109493:
GOPHER STATE ONE CALL
05/14/2018
109494
8040634
601-49400-489
locates
GOPHER STATE ONE CALL
05/14/2018
109494
8040634
602-49450-489
locates
Total 109494:
Grady Restoration LLC
05/14/2018
109495
050918
101-22205
2016-00247 3536 Lyric Ave
Total 109495:
GRAINGER INC
05/14/2018
109496
9754228899
101-45210-404
Pipe Insulation
GRAINGER INC
05/14/2018
109496
9766994827
101-45210-404
Pipe Insulation
Total 109496:
GREAT LAKES COCA-COLA
05/14/2018
109497
3609205591
101-45210-092
beverages for concessions
Total 109497:
HENNEPIN COUNTY INFOR TE
05/14/2018
109498
1000110303
101-42110-414
Radio Communication -04/18
Page: 7
May 10, 2018 11:24AM
Department
Invoice
Amount
Golf Course
65.53
Public Works Department
502.96
Golf Course
502.96
Police Department
15.24
Police Department
15.24
Police Department
89.88
Police Department
122.23
12.98
Police Department 32.97
45.95
Water 82.88
Sewer 82.87
165.75
2,500.00
Golf Course
6.35
Golf Course
42.64
48.99
Golf Course
776.56
776.56
Police Department
3,288.66
City of Orono Check Register - COUNCIL REPORT
Check Issue Dates: 4/24/2018 - 5/14/2018
Page: 8
May 10, 2018 11:24AM
Department
Check
Check
Invoice
Invoice GL Account
Description
Payee
Issue Date
Number
Number
49.72
Golf Course
127.00
Golf Course
71.84
198.84
Total 109498:
11.78
11.78
Building & Zoning
65.00
HENNEPIN COUNTY SHERIFF
05/14/2018
109499
1000110110
101-41600-309
jail charges-May/2018
Total 109499:
41.97
Police Department
62.26
Police Department
37.98
JANE SZCZEPANIK
05/14/2018
109500
043018
101-42110-226
Uniforms -Investigation Clothing
Total 109500:
300.00
Central Services
640.00
Jason Goehring
05/14/2018
109501
042118
101-45210-226
Waterproof Safety Work Boot
Jason Goehring
05/14/2018
109501
042118
101-45210-226
Waterproof Safety Work Slip on Boot
Total 109501:
JAY MCCOY
04/24/2018
109445
110515
101-42110-437
reimb training lunch
Total 109445:
Jon Ressler
05/14/2018
109502
043018
101-42400-437
2018 Land Use Workshop
Total 109502:
KYLE KIRSCHNER
04/24/2018
109446
KK022117
101-42110-437
Meal -State Patrol Trg-K. Kirschner
Total 109446:
KYLE KIRSCHNER
05/14/2018
109503
042018
101-42110-437
First Responder Lunch
KYLE KIRSCHNER
05/14/2018
109503
042018
101-42110-489
Xerxes Food
KYLE KIRSCHNER
05/14/2018
109503
042018
101-42110-489
Xerxes Fish Oil
Total 109503:
LEAGUE OF MN CITIES
05/14/2018
109504
271735
101-41300-437
2018 Annual Conference - D. Rief
LEAGUE OF MN CITIES
05/14/2018
109504
271776
101-41300-437
2018 Annual Conference -A. Carlson
Total 109504:
LONG LAKE GLASS INC
05/14/2018
109505
3028
101-41900-404
replacement Glass City Hall Hallway
Page: 8
May 10, 2018 11:24AM
Department
Invoice
Amount
3,288.66
Law/Legal Services
201.00
201.00
Police Department
49.72
49.72
Golf Course
127.00
Golf Course
71.84
198.84
Police Department
11.78
11.78
Building & Zoning
65.00
65.00
Police Department
8.23
8.23
Police Department
41.97
Police Department
62.26
Police Department
37.98
142.21
Administration
150.00
Administration
150.00
300.00
Central Services
640.00
City of Orono Check Register - COUNCIL REPORT Page: 9
Check Issue Dates: 4/24/2018 - 5/14/2018 May 10, 2018 11:24AM
Payee
Check
Issue Date
Check
Number
Invoice
Number
Invoice GL Account
Description
Department
Invoice
Amount
Total 109505:
640.00
LONG LAKE TRUE VALUE
05/14/2018
109506
B450975
101-43000-221
Sawzall blades
Public Works Department
22.99
LONG LAKE TRUE VALUE
05/14/2018
109506
B451272
101-45210-404
Golf Course Waste Drain Repair
Golf Course
18.98
LONG LAKE TRUE VALUE
05/14/2018
109506
B453104
101-43000-224
Paint Marker
Public Works Department
19.16
LONG LAKE TRUE VALUE
05/14/2018
109506
B454095
101-43000-221
Bits for Dremel Tool
Public Works Department
25.78
Total 109506:
86.91
LUBE TECH ESI
05/14/2018
109507
1143697
701-49800-212
Diesel Fuel Additive
136.89
LUBE TECH ESI
05/14/2018
109507
1152470
701-49800-212
Oil for Truck/Loader
559.90
Total 109507:
696.79
MACNEIL AUTOMOTIVE PRODU
05/14/2018
109508
15174176
101-42110-402
2017 Ford Explorer Mats
Police Department
226.90
Total 109508:
226.90
MANSFIELD OIL COMPANY
05/14/2018
109509
20712253
101-42110-212
Unleaded Fuel
Police Department
1,067.56
MANSFIELD OIL COMPANY
05/14/2018
109509
20712254
701-49800-212
Diesel Fuel
1,873.95
MANSFIELD OIL COMPANY
05/14/2018
109509
20712301
101-42110-212
Unleaded Fuel
Police Department
1,785.90
Total 109509:
4,727.41
MARGARET UNG
05/14/2018
109510
042018
101-41500-331
Mileage 4/6-4/27/18
Finance Department
29.98
Total 109510:
29.98
MEDIACOM
05/14/2018
109511
042118
614-49840-329
Internet 05/2018
Cable Franchise
593.50
MEDIACOM
05/14/2018
109511
042118
101-41900-329
Internet 05/2018
Central Services
296.75
MEDIACOM
05/14/2018
109511
042118
101-42110-329
Internet 05/2018
Police Department
296.75
Total 109511:
1,187.00
MET COUNCIL ENVIRONMENTA
05/14/2018
109512
0001081648
601-49400-441
Discharge Permit - Navarre Water
Water
475.00
MET COUNCIL ENVIRONMENTA
05/14/2018
109512
0001082982
602-49450-383
Wastewater Charges 6/2018
Sewer
39,434.77
Total 109512:
39.909.77
City of Orono
Check Register - COUNCIL REPORT
Check Issue Dates: 4/24/2018 - 5/14/2018
Page: 10
May 10, 2018 11:24AM
Payee
Check
Issue Date
Check
Number
Invoice
Number
Invoice GL Account
Description
Department
Invoice
Amount
METRO WEST INSPECTIONS S
05/14/2018
109513
1478
101-42400-310
Inspection Services March 2018
Building & Zoning
8,374.00
Total 109513:
8,374.00
Midwest Badge & Novelty Compa
05/14/2018
109514
253778
101-42110-229
Explorer Awards Plaque
Police Department
23.50
Total 109514:
23.50
MINNESOTA EQUIPMENT
05/14/2018
109515
P66745
101-45210-402
Tractor Tire Repair
Golf Course
44.95
MINNESOTA EQUIPMENT
05/14/2018
109515
P66972
101-43000-224
Chop Saw Asphalt Cutting Wheel
Public Works Department
17.50
Total 109515:
62.45
MISSION COMMUNICATIONS LL
05/14/2018
109516
1019854
602-49450-406
Annual service LS alarm
Sewer
4,206.60
Total 109516:
4,206.60
MN DEPT OF COMMERCE
05/14/2018
109517
001-0000510
101-42110-221
Calibrate Wheel -Load Weighers
Police Department
325.00
Total 109517:
325.00
MN Dept of Health
05/14/2018
109518
06302018
601-49400-441
Water Supply System Operator Class D license S.
Water
23.00
Total 109518:
23.00
MN DNR OMB
05/14/2018
109519
1999-6038-2
101-45210-489
2017 water use
Golf Course
213.49
Total 109519:
213.49
MOUND TRUE VALUE
05/14/2018
109520
151429
101-42110-402
Replace Brake at PPD1
Police Department
95.45
MOUND TRUE VALUE
05/14/2018
109520
151687
101-42110-240
Squad supplies
Police Department
18.75
MOUND TRUE VALUE
05/14/2018
109520
151776
101-42110-240
PD1 Men's Lockerroom Fan, Ant Bait, Plug
Police Department
35.47
MOUND TRUE VALUE
05/14/2018
109520
151943
101-42110-240
Ship Radar Sign Back for Repair
Police Department
83.94
Total 109520:
233.61
MUNICIPAL CODE CORPORATI
05/14/2018
109521
00307415
101-41900-352
code updates
Central Services
880.00
Total 109521:
880.00
City of Orono Check Register - COUNCIL REPORT Page: 11
Check Issue Dates: 4/24/2018 - 5/14/2018 May 10, 2018 11:24AM
Payee
NAVARRE HARDWARE
NAVARRE HARDWARE
NAVARRE HARDWARE
NAVARRE HARDWARE
NAVARRE HARDWARE
NAVARRE HARDWARE
NAVARRE HARDWARE
Total 109522:
NCPERS MINNESOTA
Total 109523:
NEWEGG INC
NEWEGG INC
NEWEGG INC
NEWEGG INC
NEWEGG INC
NEWEGG INC
NEWEGG INC
NEWEGG INC
NEWEGG INC
NEWEGG INC
NEWEGG INC
NEWEGG INC
NEWEGG INC
Total 109524:
NORTH MEMORIAL
Total 109525:
NORTHERN LIGHTS DISPLAY
Total 109526:
NOVA COMMUNICATIONS
Check
Issue Date
Check
Number
Invoice
Number
Invoice GL Account
Description
Department
05/14/2018
109522
308011
101-42110-223
Cherning Batteries & Razor Blades
Police Department
05/14/2018
109522
309157
101-45200-225
16' Tape Measure
Parks
05/14/2018
109522
309263
601-49400-223
Water Plant
Water
05/14/2018
109522
309267
101-45200-225
Supplies for Park
Parks
05/14/2018
109522
309311
101-43000-224
Padlocks
Public Works Department
05/14/2018
109522
309429
101-43000-224
Key Ring
Public Works Department
05/14/2018
109522
J06176
701-49800-221
Credit
05/14/2018 109523 6732518 101-21710
05/14/2018 109524 1301129591 101-41900-221
05/14/2018 109524 1301132865 101-41900-221
05/14/2018 109524 1301138325 101-42110-221
05/14/2018 109524 1301139042 101-41900-221
05/14/2018 109524 1301139374 101-41900-221
05/14/2018 109524 1301219764 101-42400-221
05/14/2018 109524 1301221703 101-42400-221
05/14/2018 109524 1301222666 101-42400-221
05/14/2018 109524 1301223049 101-42400-221
05/14/2018 109524 1301226217 101-42400-221
05/14/2018 109524 1301227811 101-42400-221
05/14/2018 109524 1301234698 101-41900-221
05/14/2018 109524 1301239000 101-41900-221
Pera life 05/2018
Monitor Stand
Central Services
Display Adaptors
Central Services
Media Card Reader
Police Department
Serial to ATA Adapter
Central Services
USB to Ethernet Adapter
Central Services
Planning Commission
Building & Zoning
Planning Commission Pad Screen Protectors
Building & Zoning
Planning Commission Charging Unit for Pads in Co
Building & Zoning
Planning Commission Case & Keyboard for Pads
Building & Zoning
Planning Commission Charging Cables for Fads
Building & Zoning
Planning Commission Fad Screen Protectors
Building & Zoning
Hard Drive
Central Services
Docking Station
Central Services
05/14/2018
109525
043018
101-42110-437
EMR Refresher
05/14/2018
109526
4145
101-43000-224
Banners for Navarre Street Lights
05/14/2018
109527
21673
405-48500-575
Zultys MX -E Server, PRI/FXS Analog Station Card
Police Department
Public Works Department
Invoice
Amount
10.78
4.97
8.28
35.97
167.88
11.99
3.08-
240.00
54.99
32.55
19.95
11.98
44.86
2,288.65
75.60
43.50
217.92
26.67
29.80
124.99
3,169.46
600.00
600.00
2,520.00
2,520.00
6,316.00
City of Orono Check Register - COUNCIL REPORT Page: 12
Check Issue Dates: 4/24/2018 - 5/14/2018 May 10, 2018 11:24AM
Check Check Invoice Invoice GL Account
Payee Issue Date Number Number
Total 109527
OFFICE DEPOT
05/14/2018
109528
1230847560
101-42110-201
OFFICE DEPOT
05/14/2018
109528
1256874950
101-41900-201
OFFICE DEPOT
05/14/2018
109528
1256875930
101-41900-201
OFFICE DEPOT
05/14/2018
109528
1262167980
101-41900-201
OFFICE DEPOT
05/14/2018
109528
12853511600
101-41900-201
OFFICE DEPOT
05/14/2018
109528
1285351370
101-41900-201
OFFICE DEPOT
05/14/2018
109528
1285351380
101-41900-201
OFFICE DEPOT
05/14/2018
109528
1295195260
101-41900-201
OFFICE DEPOT
05/14/2018
109528
1295279290
101-41900-201
OFFICE DEPOT
05/14/2018
109528
1295279800
101-41900-201
OFFICE DEPOT
05/14/2018
109528
1332976500
101-42110-201
OFFICE DEPOT
05/14/2018
109528
1332977810
101-42110-201
Total 109528:
11,369.60
Tree Stem Removal - Highwood Park - Task #12452
Parks
OPTUM
05/14/2018
109529
946909
101-41900-319
Total 109529:
316.22
Garbage Service
Parks
403.09
PERRYS TRUCK REPAIR
05/14/2018
109530
17182
231-45650-436
Total 109530:
PRAIRIE RESTORATIONS INC
05/14/2018
109531
11034
101-45200-404
Total 109531:
QUALITY FLOW SYSTEMS INC
05/14/2018
109532
35011
602-16500
Total 109532:
R.D. & Associates Specialized Ser
05/14/2018
109533
103333
101-45200-319
Total 109533:
RANDYS ENVIRONMENTAL SER
05/14/2018
109534
APRIL2018
101-41900-404
RANDYS ENVIRONMENTAL SER
05/14/2018
109534
APRIL2018
101-45200-404
Description Department Invoice
Amount
6,316.00
Office Supplies
Police Department
138.23
Office Supplies
Central Services
119.95
Folding Tables
Central Services
199.99
Magnetic Board
Central Services
41.99
Office Supplies
Central Services
33.59
Office Supplies
Central Services
27.89
Pencils & Highlighters
Central Services
25.29
Office Supplies
Central Services
33.59 -
Office Supplies
Central Services
32.36
Office Supplies
Central Services
33.59
Office Supplies
Police Department
65.59
Paper Towel
Police Department
12.79
697.67
HSA maintenance fee 1 st Qtr 2018
Central Services
183.00
183.00
Tow/Toyota Tundra
140.00
140.00
Lurton Park Dormant Mow
Parks
525.00
525.00
Scada, LS #1, 4, 5, 10
11,369.60
11,369.60
Tree Stem Removal - Highwood Park - Task #12452
Parks
1,870.00
1,870.00
Garbage Service
Central Services
316.22
Garbage Service
Parks
403.09
City of Orono Check Register - COUNCIL REPORT
Check Issue Dates: 4/24/2018 - 5/14/2018
Page: 13
May 10, 2018 11:24AM
Payee
Check
Issue Date
Check
Number
Invoice
Number
Invoice GL Account
Description
Department
Invoice
Amount
Total 109534:
719.31
Reed Wholesale & OCS
05/14/2018
109535
9485
101-45210-094
snacks for concessions
Golf Course
280.60
Total 109535:
280.60
REINDERS Inc.
05/14/2018
109536
3053136-00
101-45210-223
Fertilizer
Golf Course
660.68
REINDERS Inc.
05/14/2018
109536
3053136-00
101-45200-225
Fertilizer Spreader
Parks
575.40
Total 109536:
1,236.08
ROY C INC
05/14/2018
109537
72173
101-41900-404
Repair ADA Button City Hall
Central Services
165.00
Total 109537:
165.00
Ryan Spencer
05/14/2018
109538
042518
101-42110-437
1st Response/CPR/FirstAid Training
Police Department
16.63
Total 109538:
16.63
Steve Gerber
05/14/2018
109539
05102018
101-22205
2016-00950 - 30 Orono Orchard Road North
1,000.00
Total 109539:
1,000.00
Steven Sundby
05/14/2018
109540
050218
999-10015
UB Refund 3587 Northshore Drive 2-535870-00
514.49
Total 109540:
514.49
Sustainable 9 Holdings LLC
05/14/2018
109541
050918
101-22205
2015-01482 & 2015-01565 2000 Shadywood Road
2,500.00
Total 109541:
2,500.00
TALLEN AND BAERTSCHI
05/14/2018
109542
042418
101-41600-306
Prosecution Services -04/2018
Law/Legal Services
2,718.76
Total 109542:
2,718.76
TEEMASTER CORPORATION
05/14/2018
109543
201810017
101-45210-340
TM Monthly Svc Fee -2018 Golf Season
Golf Course
500.00
Total 109543:
500.00
City of Orono
Check Register - COUNCIL REPORT
Check Issue Dates: 4/24/2018 - 5/14/2018
Page: 14
May 10, 2018 11:24AM
Payee
Check
Issue Date
Check
Number
Invoice
Number
Invoice GL Account
Description
Department
Invoice
Amount
THE HARTFORD
05/14/2018
109544
052018
101-21713
LTD 5/2018
1,683.96
Total 109544:
1,683.96
THE HOME DEPOT
05/14/2018
109545
6264059
405-48500-520
Brush Site Shed
5,060.00
THE HOME DEPOT
05/14/2018
109545
6264060
101-45210-489
Batteries
Golf Course
21.25
THE HOME DEPOT
05/14/2018
109545
7015774
101-45210-404
Concrete Bag
Golf Course
3.10
THE HOME DEPOT
05/14/2018
109545
9064000
101-45210-221
Golf Mower Parts
Golf Course
53.17
Total 109545:
5,137.52
TIM DATWYLER
05/14/2018
109546
901818
101-42110-437
Explorers Appreciation Dinner
Police Department
75.93
Total 109546:
75.93
TOLL GAS & WELDING SUPPLY
05/14/2018
109547
40081923
101-43000-415
Cylinder/Demurrage
Public Works Department
10.68
Total 109547:
10.68
Traut Companies
05/14/2018
109548
305114
601-16500
Well #3
4,175.00
Total 109548:
4,175.00
TWIN CITY GARAGE DOOR CO
05/14/2018
109549
504798
101-41900-404
PW south garage door repair
Central Services
74.00
Total 109549:
74.00
VANGUARD CLEANING SYSTE
05/14/2018
109550
58985
101-41900-407
Janitorial service
Central Services
1,435.50
VANGUARD CLEANING SYSTE
05/14/2018
109550
58985
101-42110-407
Janitorial service
Police Department
1,039.50
Total 109550:
2,475.00
VARNER MOBILE SERVICES LL
05/14/2018
109551
6369
701-49800-402
UNIT 431 Engine Test
254.38
Total 109551:
254.38
VERIZON WIRELESS
05/14/2018
109552
9804843598
101-42110-321
Internet 03/7-4/6/18
Police Department
1,497.80
VERIZON WIRELESS
05/14/2018
109552
9804843598
101-42400-321
Internet 03/7-4/6/18
Building & Zoning
32.05
VERIZON WIRELESS
05/14/2018
109552
9804843598
101-45210-321
Internet 03/7-4/6/18
Golf Course
89.74
VERIZON WIRELESS
05/14/2018
109552
9804843598
601-49400-321
Internet 03/7-4/6/18
Water
111.25
City of Orono Check Register - COUNCIL REPORT Page: 15
Check Issue Dates: 4/24/2018 - 5/14/2018 May 10, 2018 11:24AM
Payee
Check
Issue Date
Check
Number
Invoice
Number
Invoice GL Account
Description
Department
Invoice
Amount
VERIZON WIRELESS
05/14/2018
109552
9804843598
602-49450-321
Internet 03/7-4/6/18
Sewer
111.25
VERIZON WIRELESS
05/14/2018
109552
9804843598
101-43000-415
Internet 03/7-4/6/18
Public Works Department
32.06
VERIZON WIRELESS
05/14/2018
109552
9805978639
601-49400-321
Cell Phones 4/24/18-5/23/18
Water
27.87
VERIZON WIRELESS
05/14/2018
109552
9805978639
602-49450-321
Cell Phones 4/24/18-5/23/18
Sewer
27.86
Total 109552:
1,929.88
WACONIA FORD
05/14/2018
109553
043018
101-42110-550
Squad Car #254 2018 Ford Interceptor
Police Department
29,962.00
WACONIA FORD
05/14/2018
109553
FOCS12067
701-49800-402
Engine Repair Injectors Task 17216
3,378.51
Total 109553:
33,340.51
Warning Lites of MN
05/14/2018
109554
200281
101-43000-224
Replacement Traffic Cones
Public Works Department
337.25
Total 109554:
337.25
WILLIAMS TOWING
05/14/2018
109555
148117
101-42110-402
#248 Tow
Police Department
82.25
Total 109555:
82.25
Winning Edge Inc
05/14/2018
109556
65936
101-42110-226
Orono PD Retirement Award
Police Department
49.60
Total 109556:
49.60
XCEL ENERGY
05/14/2018
109557
590629946
101-41900-381
Electric 3/25-4/23/18
Central Services
1,695.90
XCEL ENERGY
05/14/2018
109557
590629946
101-42110-381
Electric 3/25-4/23/18
Police Department
1,074.66
XCEL ENERGY
05/14/2018
109557
590629946
101-42110-381
Electric 3/25-4/23/18
Police Department
32.59
XCEL ENERGY
05/14/2018
109557
590629946
101-43000-381
Electric 3/25-4/23/18
Public Works Department
177.06
XCEL ENERGY
05/14/2018
109557
590629946
101-43000-386
Electric 3/25-4/23/18
Public Works Department
2,053.69
XCEL ENERGY
05/14/2018
109557
590629946
101-45200-381
Electric 3/25-4/23/18
Parks
33.93
XCEL ENERGY
05/14/2018
109557
590629946
601-49400-381
Electric 3/25-4/23/18
Water
5,547.32
XCEL ENERGY
05/14/2018
109557
590629946
602-49450-381
Electric 3/25-4/23/18
Sewer
3,216.58
XCEL ENERGY
05/14/2018
109557
590629946
101-45210-381
Electric 3/25-4/23/18
Golf Course
216.83
Total 109557:
14,048.56
Yamaha Golf & Utility
05/14/2018
109558
01-204570
101-45210-415
Golf Cart Repair
Golf Course
939.43
Total 109558:
939.43
City of Orono Check Register - COUNCIL REPORT Page: 16
Check Issue Dates: 4/24/2018 - 5/14/2018 May 10, 2018 11:24AM
Payee
Check
Issue Date
Check
Number
Invoice Invoice GL Account Description
Number
YAMAHA MOTOR CORP.
05/14/2018
109559
634860 101-45210-415 18 Golf Carts -Lease
Total 109559:
ZAHL EQUIPMENT
05/14/2018
109560
0235375 -IN 701-49800-403 Annual Hoist Inspection
Total 109560:
Grand Totals:
Golf Course
Department
Invoice
Amount
AGENDA ITEM
Item No.: 4
Item Description: Approval of Rental Licenses
Date: May 14, 2018
Presenter: Anna Carlson, Agenda Consent Agenda
City Clerk Section:
1. Purpose. The purpose of this action item is to approve the Rental Licenses for the license period
of May 14, 2018 to December 31, 2019.
2. Staff Recommendation. Staff recommends approval of the rental licenses as listed in Exhibit A
for the license period of May 14, 2018 to December 31, 2019. The Rental License Applicants in
Exhibit A have submitted all of the requested documents and have met all requirements.
COUNCIL ACTION REQUESTED
Motion to approve the rental licenses listed in Exhibit A for the license period of May 14, 2018 to
December 31, 2019.
Exhibits
Exhibit A. Listing of Rental Licenses
Prepared By: AMC
Reviewed By: AMC
Approved By: -1V
License#
Status
Address
Licensee
Fees
Payments
Balance Due
RL18-000011
Under Review
2648 LYDIARD AVE
Premium Property Group
100
100
0
RL18-000013
Under Review
1180 LOMA LINDA AVE
Please Select a Prefix
100
100
0
RL18-000014
Under Review
1900 SHORELINE DR
Michael Dougherty
100
100
0
RL18-000038
Under Review
120 BIG ISLAND
Jody Laughlin
100
100
0
RL18-000040
Under Review
2570 LYDIARD AVE
Jantzen Procai
100
100
0
RL18-000046
Under Review
2595 LYDIARD CIR 1
John Leupke
100
100
0
RL18-000047
Under Review
2595 LYDIARD CIR 2
John Leupke
100
100
0
RL18-000062
Under Review
350 CRESTVIEW AVE
winfield stephens
100
100
0
RL18-000064
Under Review
860 BROWN RD S
Ethan de Naray
100
100
0
RL18-000065
Under Review
3635 NORTH SHORE DR
Katherine Kitt
100
100
0
RL18-000066
Under Review
3741 LIVINGSTON CT
Ben Kieffer
100
100
0
RL18-000068
I Under Review
13600 CASCO AVE
IYoung An
1 1001
1001
0
UNDER REVIEW TOTAL: 12
AGENDA ITEM
Item No.:
Date: May 14, 2018
Item Description: Transient Merchant License — Lakes Ice Cream and Treats
Presenter: Anna Carlson, Agenda Consent Agenda
City Clerk Section:
1. Purpose. The purpose of this action item is to gain approval for a Transient Merchant License for
Brent Foster of Lakes Ice Cream and Treats.
TRANSIENT MERCHANT LICENSE
Applicant:
Brent Foster/Lakes Ice Cream and Treats
Activity:
Sale of Pre -Packaged Ice Cream and Treats
Location:
Mobile Route through neighborhoods
Date:
Mondays & Fridays — June 1, 2018 to October 31, 2018 (44 days total)
Time:
1:00 P.M. to 9:00 P.M.
2. Background. Mr. Foster has submitted an application for a transient merchant license to sell
pre-packaged ice cream products door to door within Orono neighborhoods. Orono's City code
currently allows a transient merchant to be licensed initially for 10 days, with the option for the
City Council, at its sole discretion, to grant an extension for up to 50 additional days. In addition,
the code limits the hours of activity from 8:00 a.m. to 8:00 p.m. Mr. Foster has also submitted the
attached request for Council approval to allow 34 additional days of activity and an additional 1
hour of evening sales each day. Mr. Foster is proposing the days of sale to be Monday's and
Fridays during the timeframe of June 1, 2018 to October 31, 2018 with the hours of operation of
1:00 P.M. to 9:00 P.M.
3. Recommendation. Staff recommends approval of the transient merchant license as requested at
the City Council's sole discretion.
COUNCIL ACTION REQUESTED
Motion to approve the listed license with 34 additional days and with the hours of operation from
1:00 p.m. — 9:00 p.m. on Mondays and Fridays between the dates of June 1, 2018 to October 31,
2018.
Exhibits
Exhibit A. Draft Transient Merchant License
Exhibit B. Lakes Ice Cream and Treats Email Request
Prepared By: AMC
Reviewed By: AMC
Approved By: _192
From: Foster Brent
To: Anna Carlson
Subject: RE: Transient Merchant License - City of Orono - Duration - Hours
Date: Wednesday, May 09, 2018 4:40:23 PM
Attachments: image001.png
Anna
We plan to be in Orono on Mondays and Fridays beginning June 1st and ending October 31st
Depending on weather, we may end early then October 31st
Thankyou
Brent Foster — Owner
Lakes Ice Cream & Treats
952-836-5499
From: Anna Carlson [mailto:acarlson@ci.orono.mn.us]
Sent: Wednesday, May 09, 2018 4:31 PM
To: Foster _Brent <Foster_Brent@Allergan.com>
Subject: RE: Transient Merchant License - City of Orono - Duration - Hours
Brent,
Thank you for your email. Do you have a schedule of days that I could add to your
application. I will need to specify which days you will be requesting to conduct
business in Orono in the council action memo.
Thanks again!
,Anna Carlson
City Clerk
Phone: 952-2494605
Fax: 952-249-4616
Email: acarlsc ci.€xrono.mn.us
From: Foster Brent [mailto:Foster_Brent(@Allergan.com]
Sent: Wednesday, May 09, 2018 4:23 PM
To: Anna Carlson <acarlson(@ci.orono.mn.us>
Subject: Transient Merchant License - City of Orono - Duration - Hours
Anna and Council Members -
Thank you for reviewing my application for our neighborhood ice cream truck solicitor's license. We
are looking forward to serving the Orono community!
I would like to ask for an extension to the solicitor's license ordinance of 10 days. I am requesting 30
additional days. As an ice cream truck, consistent and timely service is an expectation we'd like to
meet. In addition, Orono schools and several athletic associations are interested in utilizing our
services in the coming year for various events and fundraisers. My wife, Heidi Foster, is a
dermatologist at Skincare Doctors in Orono and they'd like to host a staff appreciation event this
summer as well. Finally, I would like to ask for an exception for the hours of operation primarily
during the mid -summer period when daylight is longer. I would ask the council to approve of Spm
close of activities although a majority of our nights will end prior to Bpm.
Thank you for your consideration.
Brent Foster - Owner
Lakes Ice Cream & Treats
952-836-5499
From: Anna Carlson[mailto:acarlsonCcDci.orono.mn.us]
Sent: Wednesday, May 09, 2018 3:46 PM
To: Foster—Brent <Foster_BrentPAllergan.com>
Subject: Transient Merchant License - City of Orono - Duration - Hours
Brent,
I am in the process of reviewing your application. I have run into two issues during
my review. Those issues are listed below:
1. 1 noticed that the dates of activity you have requested exceed the maximum amount
of days (10 ten days) the City of Orono allows for Transient merchant licenses.
Chapter 30 Peddlers and Solicitors Article II. Sec. 30-41 — Duration — Orono
Code of Ordinances
All licenses issued under this chapter shall be valid for a maximum of ten days
per calendar year. The city council at its sole discretion may grant an extension for
up to 50 additional days per calendar year upon application for an extension. (Links
embedded)
2. In addition, the hours of activity you have requested also exceeds the timeframe the
city allows for Transient Merchant Licenses.
Chapter 30 Peddlers and Solicitors Article I. Sec. 30-4 (4) — Prohibited
activities— Orono Code of Ordinances
No peddler, solicitor or transient merchant shall conduct business in any of the
following manners:
(4) Conducting business before 8:00 a.m. or after 8:00 p.m.
You may request an extension of the amount of days (not to exceed 50 days) and an
extension of hours to the city council by sending a formal request to be added to your
application or you may choose to withdraw your application. If you choose to submit
a request, please send it to me and I will add it to your application and bring it forward
to request approval from the City Council. If you choose to withdraw your application
we will refund your application fee. Please let me know what you would like me to
do?
Thank you,
Anna Carlson
,Anna Carlson
City Clerk
Phone: 952-249-4605
Fax: 952-249-4616
Email: acarisora.ci.orono.mn.us
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transmission, and may be a confidential or privileged communication. If you received this e-
mail in error, any review, use, dissemination, distribution, or copying of this e-mail is strictly
prohibited. Please notify us immediately of the error by return e-mail and please delete this
message from your system. Thank you in advance for your cooperation.
From: Foster Brent
To: Anna Carlson
Subject: RE: Transient Merchant License - City of Orono - Duration - Hours
Date: Wednesday, May 09, 2018 4:40:23 PM
Attachments: image001.png
Anna
We plan to be in Orono on Mondays and Fridays beginning June 1st and ending October 31st
Depending on weather, we may end early then October 31st
Thankyou
Brent Foster — Owner
Lakes Ice Cream & Treats
952-836-5499
From: Anna Carlson [mailto:acarlson@ci.orono.mn.us]
Sent: Wednesday, May 09, 2018 4:31 PM
To: Foster _Brent <Foster_Brent@Allergan.com>
Subject: RE: Transient Merchant License - City of Orono - Duration - Hours
Brent,
Thank you for your email. Do you have a schedule of days that I could add to your
application. I will need to specify which days you will be requesting to conduct
business in Orono in the council action memo.
Thanks again!
,Anna Carlson
City Clerk
Phone: 952-2494605
Fax: 952-249-4616
Email: acarlsc ci.€xrono.mn.us
From: Foster Brent [mailto:Foster_Brent(@Allergan.com]
Sent: Wednesday, May 09, 2018 4:23 PM
To: Anna Carlson <acarlson(@ci.orono.mn.us>
Subject: Transient Merchant License - City of Orono - Duration - Hours
Anna and Council Members -
Thank you for reviewing my application for our neighborhood ice cream truck solicitor's license. We
are looking forward to serving the Orono community!
I would like to ask for an extension to the solicitor's license ordinance of 10 days. I am requesting 30
additional days. As an ice cream truck, consistent and timely service is an expectation we'd like to
meet. In addition, Orono schools and several athletic associations are interested in utilizing our
services in the coming year for various events and fundraisers. My wife, Heidi Foster, is a
dermatologist at Skincare Doctors in Orono and they'd like to host a staff appreciation event this
summer as well. Finally, I would like to ask for an exception for the hours of operation primarily
during the mid -summer period when daylight is longer. I would ask the council to approve of Spm
close of activities although a majority of our nights will end prior to Bpm.
Thank you for your consideration.
Brent Foster - Owner
Lakes Ice Cream & Treats
952-836-5499
From: Anna Carlson[mailto:acarlsonCcDci.orono.mn.us]
Sent: Wednesday, May 09, 2018 3:46 PM
To: Foster—Brent <Foster_BrentPAllergan.com>
Subject: Transient Merchant License - City of Orono - Duration - Hours
Brent,
I am in the process of reviewing your application. I have run into two issues during
my review. Those issues are listed below:
1. 1 noticed that the dates of activity you have requested exceed the maximum amount
of days (10 ten days) the City of Orono allows for Transient merchant licenses.
Chapter 30 Peddlers and Solicitors Article II. Sec. 30-41 — Duration — Orono
Code of Ordinances
All licenses issued under this chapter shall be valid for a maximum of ten days
per calendar year. The city council at its sole discretion may grant an extension for
up to 50 additional days per calendar year upon application for an extension. (Links
embedded)
2. In addition, the hours of activity you have requested also exceeds the timeframe the
city allows for Transient Merchant Licenses.
Chapter 30 Peddlers and Solicitors Article I. Sec. 30-4 (4) — Prohibited
activities— Orono Code of Ordinances
No peddler, solicitor or transient merchant shall conduct business in any of the
following manners:
(4) Conducting business before 8:00 a.m. or after 8:00 p.m.
You may request an extension of the amount of days (not to exceed 50 days) and an
extension of hours to the city council by sending a formal request to be added to your
application or you may choose to withdraw your application. If you choose to submit
a request, please send it to me and I will add it to your application and bring it forward
to request approval from the City Council. If you choose to withdraw your application
we will refund your application fee. Please let me know what you would like me to
do?
Thank you,
Anna Carlson
,Anna Carlson
City Clerk
Phone: 952-249-4605
Fax: 952-249-4616
Email: acarisora.ci.orono.mn.us
This e-mail, including any attachments, is meant only for the intended recipient of the
transmission, and may be a confidential or privileged communication. If you received this e-
mail in error, any review, use, dissemination, distribution, or copying of this e-mail is strictly
prohibited. Please notify us immediately of the error by return e-mail and please delete this
message from your system. Thank you in advance for your cooperation.
This e-mail, including any attachments, is meant only for the intended recipient of the
transmission, and may be a confidential or privileged communication. If you received this e-
mail in error, any review, use, dissemination, distribution, or copying of this e-mail is strictly
prohibited. Please notify us immediately of the error by return e-mail and please delete this
message from your system. Thank you in advance for your cooperation.
DATE ISSUED:
TRANSIENT MERCHANT LICENSE
DATES OF TRANSIENT MERCHANT
ACTIVITY:
NAME OF TRANSIENT MERCHANT:
PHONE NUMBER:
LOCATION OF TRANSIENT MERCHANT
SALES:
TYPE OF PRODUCT:
CONDITIONS:
May 14, 2018
Mondays & Fridays during June 1, 2018 to October 31, 2018
1:00 P.M. to 9:00 P.M.
Brent Foster
Lakes Ice Cream and Treats
952-836-5499
Door to Door in Orono Neighborhoods
Pre-packaged Ice Cream and Trcats
1. Permit holder must comply with all rules and regulations of the Minnesota State Statutes and City of Orono
Municipal Code.
2. Business must be conducted between the hours of 1:00 p.m. and 9:00 p.m.
3. Transient merchant activities are approved initially for 10 days. Provided no problems are reported, 34
additional days of business are approved.
4. By acceptance of this permit, the permit holder, on behalf of any and all organizations and private persons,
is granted authority to operate under the permit, and agrees to indemnify and hold harmless the City of
Orono from all claims arising from said activities as set forth on the application received on April 26, 2018.
5. The Orono Police Department through its police officers is empowered to revoke this permit at any time for
any safety concerns that are not immediately resolved by the permit holder or a representative of the permit
holder. The revocation of the permit shall cause the immediate cancellation of the activities originally
authorized by this permit.
(City Seal)
Anna Carlson, City Clerk
2750 Kelley Parkway, P.O. Box 66, Crystal Bay, MN 55323
Phone: 952-249-4600 / Fax: 952-249-4616 / www.ci.orono.mn.us
AGENDA ITEM
Item No.: 6
Item Description: Antoine Park Playground Border
Date: May 14, 2018
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 replacement of the
border for the Antoine Park Playground.
2. Background. The plastic border around the Antoine
Park playground is damaged and presents a hazard to users.
Rather than replace the plastic border with another plastic
border staff is recommending installation of a concrete
boarder which should last well into the future.
3. Project Scope. Remove existing plastic border and install
a new concrete border.
4. Cost. The City received two valid quotes listed below
The low quote is for $8700.
Contractor
note,
Decorative & Structural
$8,700
Concrete and Masonry, LLC
DRMP Concrete and
$13,560
Masonry
5. Funding. This project will be funded through the Parks Fund. The fund's project 2018 end of year
balance is $755,246.
6. Staff Recommendation. I recommend that the council accept the quote from Decorative &
Structural Concrete and Masonry, LLC for $8,700.
COUNCIL ACTION REQUESTED
Motion to accept the quote from Decorative & Structural Concrete and Masonry, LLC for $8700 to install
a concrete border for the Antoine Park Playground.
Prepared By: JG
Reviewed By:
Approved By: -TV
AGENDA ITEM
Item No.:
Date: May 14, 2018
Item Description: Appointment of 2018 Seasonal Employees
Presenter: Jason Goehring Agenda Consent Agenda
Parks and Golf Course Supervisor Section:
1. Purpose. The purpose of this action item is to gain Council approval of seasonal employees.
2. Background. The hourly pay is proposed to be $10.00-12.00 for the Golf Course Clubhouse
Attendants; $10-$15 for Parks and Golf Course Maintenance Employees, and $10-15 for Utilities
Maintenance Workers; and a pay range of $15.00-$20.00 for the Assistant Superintendent and Clubhouse
Manager. The Clubhouse Manager will be enrolled in the coordinated PERA plan. All other seasonal
employees will fall under the 6 month PERA Classification and are therefore excluded from PERA
membership.
3. Seasonal Employee Appointments and Candidates.
4. Staff Recommendation. I recommend approval to hire of the seasonal employees in Table 3.
COUNCIL ACTION REQUESTED
Motion to approve hiring the seasonal employee as in the list above.
Prepared By: JG
Reviewed By:
Approved By: j1
Name
Position
Wage
Remarks
($/hr)
Robert Howells
G.C. Clubhouse Manager
$19.00
Returnee
o N
Paul Tolzmann
G.C. Clubhouse Attendant
$12.00
Returnee
Rebecca Anderson
Utilities Maintenance Worker
$12.00
Returnee
d w N
Calvin Schmidt
Parks and Golf Maintenance
$11.00
Returnee
Marshall Hambro
G.C. Clubhouse Attendant
$12.00
Returnee
00
Diana Otrey
G.C. Clubhouse Attendant
$11.00
Returnee
'-'
William Fischer
G.C. Clubhouse Attendant
$10.00
Returnee
James Berg
G.0 Clubhouse Attendant
$10.00
New
s=.
Marie Jorland
G.C. Clubhouse Attendant
$10.00
New
d
Cody Dickhausen
Parks and Golf Maintenance
$10.00
New
Ronald Steffenha en
Parks and Golf Maintenance
$10.00
New
Ed Kvam
Parks and Golf Maintenance
$11.00
Returnee
Danielle Middendorf
G.C. Clubhouse Attendant
$10.00
New
Tami Campbell
G.C. Clubhouse Attendant
$10.00
New
Requesting
Approval
4. Staff Recommendation. I recommend approval to hire of the seasonal employees in Table 3.
COUNCIL ACTION REQUESTED
Motion to approve hiring the seasonal employee as in the list above.
Prepared By: JG
Reviewed By:
Approved By: j1
AGENDA ITEM
Item No.:
Date: May 14, 2018
Item Description: Supervisory Control and Data Acquisition (SCADA) Upgrade
Presenter: Adam T. Edwards, P.E. Agenda Consent Agenda
Public Works Director/City Engineer Section:
1. Purpose. The purpose of this action item is to council approval of the SCADA upgrade proposal.
2. Background. In order to ensure a safe and reliable source of drinking water to residents the staff
depends on a couple control and alarm system. In 2017 the utilities department began a multi-year
process to upgrade the 1998 vintage SCADA system. The 2017 project upgraded the PC and software
that controls the system and a new programmable Logic Control to manage additional controls and
sensors in the north water plant.
3. Scope of Work. The 2018 SCADA improvements include: integration of well #4 controls, chemical
feed pacing controls, well drawdown monitoring, low temperature sensor at north plant, chemical storage
monitoring, softener regeneration controls and backup Alarm Dialer reprograming.
4. Cost. In Control, Inc. provided a proposal (Exhibit A) to complete the work for a fee of $60,085.00.
In Control was selected as the City Water SCADA provider in 2017.
5. Funding. The project will be funded from the Water Fund.
Project
As proposed CIP Estimate Est. EOY Fund
Balance
2018 SCADA Upgrade
$ 60,085 $62,500 $ 642,641
6. Staff Recommendation. Staff recommends approving the In -Control Proposal for the Water system
SCADA upgrades.
COUNCIL ACTION REQUESTED:
Move to approve the proposal from In -Control for $60,085 to complete the 2018 SCADA upgrade
project.
Exhibits
Exhibit A. In Control Proposal
Prepared By: AA,
Reviewed By: _TV
Approved By: -TV
PROPOSAL # QN18031601-02
To: City of Orono
2700 Kelley Parkway
Orono, MN 55356
Attn: Adam Edwards
Re: Water System Improvements
Date: May 4, 2018
From: Troy Neurauter
Valid: 90 days
Page: 1 of 5
Thank you for the opportunity to recommend improvements to the water treatment plants in the City of Orono.
We have worked together to identify and prioritize a list of items that will improve the operational capability of
systems, increase personnel safety and create a more reliable system.
The items have been itemized based on independent hardware requirements and software improvements
required. Field service expenses have been removed. This will allow the City to combine or separate the tasks
as desired. In Control will add field service expenses at cost to the invoices with a goal to minimize the number
of visits and in turn reduce the overall cost to the City.
The recent addition of Well 4 to the north water treatment plant is of most importance and directly coupled
with the ability to control chemical dosing at the proper rate between the flow rates of well 3 and well 4. Should
we gain approval for this work, we would execute as quickly as possible before summer demand increases.
Reporting requirements from Minnesota DNR and MCES have increased over the past years. We are proposing
an automated monthly and annual reporting template to ease the ability to meet these requirements. This will
allow the City Staff to quickly validate the information and increase the amount of data being reported.
A number of improvements are focused on the chemicals utilized for water treatment including bulk storage and
post treatment analysis. Bulk storage monitoring allows staff to properly manage the volume of chemicals on
site and validate overall usage or detect losses. The new analyzer at each plant, which is part of another project,
will provide increased safety to the drinking water system while allowing the City to closely track overall usage.
We have identified longer term items that have been identified as potential improvements based on product
availability. These are intended to allow insight and budgeting to minimize risk of downtime with the water
treatment systems. Some components at the facilities are near or past obsolescence and availability.
Why should you select In Control as your Systems Integrator and Partner?
In Control is a premier systems integrator and professional services provider serving the water and
wastewater industry since 1995. Our highly reputable engineering staff has developed numerous best
practices and frequently acts as consultants throughout a project's journey. The relationships earned during
projects frequently grow into long term commitments to keep systems up to date with minimal downtime.
Our mission is to provide the most cost effective, reliable control system in a professional manner.
We keep you in control of expenses through thoughtful consulting, consistent pricing and exceptional service.
In Control, Inc.
10350 Jamestown Street NE Phone: (763) 783-9500
Blaine, MN 55449 Fax: (763) 783-9502
1
Materials and Services Proposed
In Control, Inc.
10350 Jamestown Street NE
Blaine, MN 55449
Phone: (763) 783-9500
1. Well 4 Integration (9921)— Objective: Provide duplex well functionality for the north water plant
with alternator sequencing.
a. Well 3 and Well 4 pumps to be controlled by AFDs with manually set speeds at the local device.
Provide alternator sequence control at the local PLC and monitor pump run status, real time
pump flow rates and associated alarms. Alternator to be optionally controlled through SCADA
system. Well control to reference pressure level of north elevated storage tank.
b. Programming of local controller and local operator interface and modifications to SCADA system
to allow remote management and monitoring will be completed. Flow to be historically logged.
c. Create reporting function at SCADA computer. Report to be monthly layout in Excel with daily
totals and min/max daily values.
d. Written functional description will be provided.
Chemical Feed Pacing (18070) — Objective: Increase accuracy of chemical treatment
a. Provide integration of existing chemical feed pumps to controllers at each water treatment
plant. Chemical pacing to be controlled from the existing flow transducers.
i. Compete installation and termination of wiring where required to provide control
signals to existing chemical pumps. Furnish new controller modules as required. Provide
new control screens for each chemical pump to allow operator adjustable set points.
Set points to be historically logged.
Variable control of the following pumps:
1. North Plant:
a. (1) Chlorine
b. (2) Fluoride
c. (1) Corrosion Inhibitor
2. South Plant:
a. (1) Chlorine
b. (2) Fluoride
c. (1) Corrosion Inhibitor
d. (1) Iron Treatment
3. Well Drawdown Monitoring (9129) — Objective: Provide monitoring and reporting
a. Complete wiring for (2) existing well drawdown measurement devices to local controller at
North plant
b. Complete wiring for (2) existing well drawdown measurement devices to local controller at
South plant
c. Integrate drawdown measurements in SCADA display with low level set point alarm. Alarm to
be permissive for well to operate. Drawdown levels to be historically logged
d. Create drawdown report to meet requirements of MNDNR in Excel format.
e. Provide historical trending function in SCADA to review drawdown in comparison to pump run
status and flow rate.
4. North Water Tower Low Temperature (500)— Objective: Provide monitoring
a. Furnish one temperature sensor. Integrate with SCADA to provide alarm notification.
IU SAL QN18030901-02 Orono Water System Improvements.docx Page 2 of 5
� 1\
In Control, Inc.
10350 Jamestown Street NE
Blaine, MN 55449
Phone: (763) 783-9500
5. Chemical Storage Level Monitoring (19165)— Objective: Increase ease of access and availability of
information from existing devices and enhance reporting.
a. Chlorine Tank Level — Chlorine is stored as a compressed liquid in two active cylinders at each
location. Each cylinder is located on a weigh scale with one local display.
i. Provide integration with existing weigh scale transmitter including wiring to main
controller at each water treatment plant. Cylinder weights will be displayed in SCADA
screens as NET Chlorine in pounds. Levels will be historically logged and trended. Low
Alarm set point will be available to be configured by user to generate system alarm and
email notification.
b. Fluoride Tank Level — Hydrofluorosilicic acid is stored in a bulk container that is located on a
weigh scale inside an isolated room at each water plant. The level is displayed locally.
i. Provide integration with existing weigh scale transmitter including wiring to main
controller at each water treatment plant. Tank weight will be displayed in SCADA
screens as NET Fluoride in gallons (estimated by weight) with historical recording
available. Low Alarm set point will be available to be configured by user to generate
system alarm and email notification.
c. Corrosion Inhibitor Tank Level — Zinc Orthophosphate (LPC -9) is stored in a bulk container that is
located on a weigh scale inside each water plant. The level is displayed locally.
i. Provide integration with existing weigh scale transmitter including wiring to main
controller at each water treatment plant. Tank weight will be displayed in SCADA
screens as NET LPC -9 in gallons (estimated by weight) with historical recording available.
Low Alarm set point will be available to be configured by user to generate system alarm
and email notification.
d. Iron Treatment Tank Level — Potassium Permanganate is stored in a bulk container that is
located on a weigh scale inside the south (Navarre) water plant. The level is displayed locally.
i. Provide integration with existing weigh scale transmitter including wiring to main
controller at the south water treatment plant. Tank weight will be displayed in SCADA
screens as NET KMN04 in gallons (estimated by weight) with historical recording
available. Low Alarm set point will be available to be configured by user to generate
system alarm and email notification.
6. Softener Regeneration Operation and Reporting (2300)— Objective: Improve operation and create
automated report generation.
a. Provide controller programing to modify existing softener regeneration such that regeneration
starts at an operator time set point. In the event that more than one softener regeneration be
required per day the regeneration cycles will start sequentially with operator set delay time.
b. Provide monthly report that includes the number of regeneration cycles and calculated gallons
for each softener and the gravity filter. Report to include daily and month values for reporting
to MCES.
c. Provide annual report for totalized values for MCES requirements.
7. Alarm Dialer Improvements (1000)— The existing hardware alarm dialer at the South plant requires
modification to work with newer remote notification system used by city staff. Provide required
programming modifications to the hardware dialer and modifications to the plant controller to
coordinate the alarm functions.
IU SAL QN18030901-02 Orono Water System Improve ments.docx Page 3 of 5
In Control, Inc.
10350 Jamestown Street NE
Blaine, MN 55449
Phone: (763) 783-9500
8. Training
a. In Control will provide training on new equipment and enhancements to SCADA system.
Training shall occur during startup as part of the project. Additional visits for training will incur
travel and expenses at Owner's cost.
9. Submittals, Drawings, O&Ms
a. Drawings will be updated for the North water plant and provided electronically as a complete
set.
b. Drawings for the South plant are not available electronically. New drawing sheets will be
provided for controller wiring additions provided by In Control.
c. O&M documents will be provided electronically for products provided.
10. Warranty
a. Standard In Control Terms and Conditions apply, no exceptions/exclusions. The warranty from
IN CONTROL will be in force for eighteen (18) months after shipment or twelve (12) months
from startup.
The total for the improvements detailed above to the North and South Water Treatment Plants is $ 60,085.00
USD net total excluding sales and use taxes. Freight is included, FOB shipping point.
Our proposal does not include the following:
o Removal, demolition or disposal of existing equipment
o Receiving and storage of equipment after shipment
o Testing, calibration or modifications to existing instrumentation
Items for future consideration and improvements include the following: IlonO
1. Connection of the new generator at the south plant to the control system and SCADA for monitoring.
2. Remove hardware and software components related to the sanitary sewer system that is no longer -��ocro
integrated into a common platform.
3. The control system at the south water plant. The existing operator interface is obsolete and no longer
available. The programmable controller is nearing its end of life with some components being no longer
available.
Thank you in advance for the consideration of our offer and for the opportunity to work together. Should you have
any questions regarding this proposal, please contact me directly at your convenience. I look forward to hearing from
you soon to secure and coordinate this project.
Best Regards,
Troy Neurauter
Jake Hacker
IN Control I Sales & Consulting IN Control I Inside Sales
Office: (763) 873-9500 Ext. 2005 Office: (763) 873-9500 Ext. 2004
Mobile: (612) 434-4375 Mobile:
tdneur@in-ctrl.com ilhack@in-ctrl.com
IU SAL QN18030901-02 Orono Water System Improvements.docx
Page 4 of 5
In Control, Inc.
10350 Jamestown Street NE
Blaine, MN 55449
Phone: (763) 783-9500
Standard Terms and Conditions of Sale
These terms and conditions are in effect between the party ("Purchaser") issuing the purchase order ("Order") and IN
CONTROL, INC. ("IN CONTROL").
1. ACCEPTANCE — Acceptance of this Order will be in writing within thirty (30) days of Order receipt. Acceptance will be
based on compliance with the acceptance criteria set forth herein. Upon acceptance, this Order will constitute the
entire agreement between IN CONTROL and Purchaser, supersede all prior negotiations, discussions and dealings and
may not be modified or rescinded except by a writing signed by both Purchaser and IN CONTROL.
2. TERMINATION — If the Purchaser chooses to terminate this Order, the Purchaser will pay to IN CONTROL reasonable
and proper cancellation charges, which may include a reasonable and customary profit only on Goods and Services
accepted to date of receipt of the notice of cancellation.
3. ATTORNEY FEES - If either party commences or is made a party to an action or proceeding to enforce or interpret this
Order, the prevailing party in such action or proceeding will be entitled to recover from the other party all reasonable
attorneys' fees, costs and expenses incurred in connection with such action or proceeding or any appeal or
enforcement of any judgment obtained in any such action or proceeding.
4. COUNTERPARTS - This Order may be executed in any number of counterparts, and each such counterpart will be
deemed to be an original instrument.
5. INDEMNIFICATION - Purchaser will indemnify IN CONTROL and its customers and hold them harmless from and against
any and all claims, actions, proceedings, costs, expenses, losses and liability, including all reasonable attorneys' fees,
costs and expenses, arising out of or in connection with or relating to any Goods or Services furnished by Seller
pursuant to this Order, including without limitation all product liability claims and any claims involving personal injury,
death or property damage. The obligations set forth in this Section will survive the termination or fulfillment of this
Order.
6. LIMITATIONS OF LIABILITY - In no event will IN CONTROL be liable in contract, tort, strict liability, warranty or
otherwise, for any special, incidental or consequential damages, such as, but not limited to, delay, disruption, loss of
product, loss of anticipated profits or revenue, loss of use of the equipment or system, non -operation or increased
expense of operation of other equipment or systems, cost of capital, or cost of purchase or replacement equipment
systems or power.
7. LIQUIDATED DAMAGES —Unless otherwise agreed to in writing between the Purchaser and IN CONTROL, IN CONTROL
will not accept liquidated damages.
8. NONWAIVER - The failure by IN CONTROL to enforce at any time, or for any period of time, any of the provisions hereof
will not be a waiver of such provisions nor the right of IN CONTROL thereafter to enforce each and every such
provision.
9. PAYMENT TERMS - The payment terms are net thirty (30) days after invoice date. If an invoice dispute arises, the
Purchaser will notify IN CONTROL within ten (10) days of receipt of invoice. In Control reserves the rights to stop all
work should a payment default occur, including but not limited to startup of equipment. The undisputed amount of
the invoice will be paid within the payment terms. All reasonable attempts will be made between both parties to
resolve the disputed portions of the invoice within the payment terms.
10. REMEDIES - Remedies herein reserved to IN CONTROL will be cumulative, and in addition to any other or further
remedies provided in law or equity.
11. TRANSPORTATION - Unless otherwise specified, all deliveries from IN CONTROL will be F.O.B. factory, freight prepaid.
12. WARRANTY - IN CONTROL warrants that the Goods and Services furnished will be of good quality, free from defects in
material, design and workmanship will conform to the specifications, drawings, or samples and are suitable for their
intended purpose(s). The warranty from IN CONTROL will be in force for eighteen (18) months after shipment or twelve
(12) months from startup, whichever is shorter. IN CONTROL reserves the right to terminate warranty should the
Purchaser's account be in arrears.
IU SAL QN18030901-02 Orono Water System Improve ments.docx Page 5 of 5
AGENDA ITEM
Item No.: 9 Date: May 14, 2018
Item Description: Lurton Park Trail Improvements
Presenter: Adam T. Edwards, P.E. Agenda Consent Agenda
Public Works Director/City Engineer Section:
1. Purpose. The purpose of this action item is to gain council approval to improve select trails at Lurton
Park.
2. Background. Since its opening the Lurton Off Leash Park has been very popular. This popularity
has resulted in some of the amenities requiring upgrades to accommodate the heavier use. In particular,
the trail system through the prairie has turned from a mowed path to a mud path. This has resulted in not
only a lower quality experience for patrons but also erosion. A solution to this issue is to gravel the high
use paths. The Park Commission endorsed this plan at
their March 5t'', 2018 meeting.
3. Scope of Work. Installation of approximately 900 ft
of aggregate trails
4. Cost. Staff solicited quotes for the trail work. Witt's
End Landscaping provided a proposal for $18,450.
Contractor Cost
Witt's End Landscaping $ 18,450
Dundee Landscaping $ 22,820
5. Funding. The project will be funded from the Lurton
Park Fund. The fund is now being supported from the
revenues for annual dog parks pass fees.
6. Staff Recommendation. Staff recommends
acceptance of the proposal/quote from Witt's End Landscaping.
COMMISION ACTION REQUESTED
Motion to accept the proposal from Witt's End Landscaping to install gravel trails at Lurton Park for a fee
of $18,450.
Prepared By: / Reviewed By: -Sb)6Z Approved By: -T)X
AGENDA ITEM
Item No.: 10
Item Description: Navarre Park Sports Court
Date: May 14, 2018
Presenter: Adam T. Edwards, P.E. Agenda Consent Agenda
Public Works Director/City Engineer Section:
1. Purpose. The purpose of this council action is to gain council approval by way of a resolution for a
grant application requesting matching funds to construct a new sports court at the Navarre Playground.
2. Background. The Orono Parks Commission is seeking to replace the current basketball court at
Navarre Play ground with a multi-purpose sports court. To help offset the cost of the project the
commission request the city submit a grant application to the Hennepin County youth sports grant
program.
3. Project Scope. Demolition of the current basketball court and construction of a multi-purpose sports
court.
4. Cost. The City Solicited and received two quotes form the demolition of the existing court and
construction of the new. The Lowest quote was from MillzHouse. Additional work such as landscape
restoration will be performed by Public Works.
Contractor
Quote
MillzHouse
$17,860.00
Sport Court of MN
$22,452.78
5. Funding. Up to $10,000 will be provided through the Hennepin County Grant. Funding for the City
cost share for the project would come from the Parks Fund. The fund's project 2018 end of year balance
is $755,246.
6. Staff Recommendation. I reconu-nend that the council accept the quote from for MillzHouse for
$17,860.
COUNCIL ACTION REQUESTED
Motion to accept the quote from MillzHouse for $17,860 to install a concrete border for the Antoine Park
Playground.
Prepared By.
Reviewed By:
Approved By: -TV
AGENDA ITEM
Item No.: 11
Item Description: Authorization to Purchase Scales
Date: May 14, 2018
Presenter: Correy Farniok, Agenda Section: Consent Agenda
Police Chief
Purpose. The purpose of this action item is to gain approval to purchase scales.
Background. The Orono Police Department uses scales when weighing commercial vehicles during
seasonal weight restrictions. Our current set of scales are more than 15 years old. Purchasing another set
of scales would be beneficial when we have multiple vehicles stopped in different locations throughout our
cities. With the purchase of a new set of scales our current scales would still be used as a secondary set
and/or backup during seasonal weight restrictions. In 2018 the police department collected more than
$12,300.00 for the city of Orono from seasonal overweight violations. Scales area vital piece of equipment
needed to enforce seasonal road restrictions. These enforcement efforts assist with protecting and
preserving the conditions of city roads.
Cost. The City is using the state contracted pricing for the purchasing of the set of Haenni scales.
Company
Make
Model
Quote
LoadOMeter
Haenni
WL101
$9,790.00
*plus tax
Funding. The purchase of Haenni scales will be funded through the special equipment replacement line
item in the police budget.
Staff Recommendation. I recommend the purchase of a set Haenni scales.
COUNCIL ACTION REQUESTED
Motion to approve the purchase of a set of Haenni scales
Exhibits
Exhibit A. LoadOMeter Quote
Prepared By: Correy Farniok
Reviewed By: -Sb)R
Approved By: -TV
TELEPHONE: 410-420-7535
TOLL FREE: 1-800-753-6696
JOAD ME EAS
CORPORATION
PORTABLE WEIGHING DEVICES
9540 DEERCO ROAD
TIMONIUM, MD 21093
March 2, 2017
Officer Mike Wocken
Orono Police Department
2730 Kelley Parkway
Orono, MN 55356
Dear Officer Wocken:
TELEFAX: 410-420-7537
E-MAIL: Jbarnes Qloadometer.com
HTTP://www.loadometer.com
Loadometer Corporation herein affirms that it is now and has been Haenni & Cie.AG's sole
source in the United States since 1979 for the sale, parts and service of their Wheel Load
Weighing devices. It is expected that this relationship will continue for an indefinite time period.
If this relationship should dissolve or change, you will be notified in writing immediately.
We also herein affirm the Haenni WL101 wheel load weigher is the only hydraulic/analog
low profile wheel load weigher in production in the world. It is protected under United States
Patent #4,673,049.
Loadometer Corporation herein quotes a firm price of $4,895.00 each for the Haenni
WL 101 Wheel Load Weigher in quantities of 01 to 19 units. There is no charge for delivery and
the scales are offered with the standard 3 -year warranty. Delivery is typically from stock to 30
days ARO. Our terms are Net 30 Days. This price does not include any local sales/use taxes if
applicable. This quote is valid for 60 days. The total for two Scales would be $9,790.00.
If I may be of more service or provide additional information, please do not hesitate to
contact me at 1-800-753-6696.
Sincerely,
Ae s
Vice President
"WEIGH THE LOADS AND SAVE THE ROADS"
AGENDA ITEM
Item No.: 12
Date: May 14, 2018
Item Description: Approval to Accept Resignation of Sgt. Scott Boris
Presenter: Correy Farniok, Agenda Section: Consent Agenda
Police Chief
Purpose. The purpose of this action item is to gain approval accepting Sgt. Scott Boris letter of resignation.
Background. Scott Boris was hired as a police officer by the City of Orono on February 11, 1992. Scott
performed his duties as a patrol officer, investigator and school liaison officer. On August 28, 2007, Scott
was promoted to Sergeant. Scott has been assigned to administrative sergeant, patrol sergeant and sergeant
of investigations. On April 30, 2018, Police Sergeant Scott Boris submitted a letter and two week notice
to retire from the Orono Police Department. Scott's last day is May 14, 2018. The police department
wishes Scott Boris the best of luck in all of his future endeavors and for his service to the citizens of Orono,
Mound, Spring Park and Minnetonka Beach.
Staff Recommendation. I recommend accepting the resignation of Scott Boris effective May 14, 2018
COUNCIL ACTION REQUESTED
Motion to approve the resignation of Scott Boris effective May 14, 2018 and approve resolution for 26
years of dedicated service to the City of Orono.
Exhibits
Exhibit A. Resolution
Prepared By: Correy Farniok
Reviewed By: -Sb)R
Approved By: -TV
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
m
A RESOLUTION RECOGNIZING
SERGEANT SCOTT BORIS
FOR HIS
TWENTY SIX YEARS OF DEDICATED SERVICE
TO THE CITY AS A POLICE OFFICER
WHEREAS, Scott Boris was appointed to the position of Police Officer on February
11, 1992; and
WHEREAS, Scott Boris was as the Orono School District Liaison Officer and
Investigator 1994 through June 1997;
WHEREAS, Scott Boris was promoted to Police Sergeant August 28, 2007.
WHEREAS, Scott Boris was assigned to investigations and provided valuable
experience and played a significant role in the prosecution of many criminal cases.
WHEREAS, his years of service as Police Officer has been characterized by his
dedication to providing the highest quality police service to the city and its citizens;
WHEREAS, Scott Boris has provided service to the community in a fair, respectful,
honest, trustworthy, and selfless manner and;
WHEREAS, Scott Boris is resigning from his position as Police Sergeant effective
May 14, 2018.
NOW, THEREFORE, BE IT RESOLVED, that the Orono City Council does
hereby recognize and commend Sergeant Scott Boris for his leadership, and dedicated service
to the community as Police Officer.
BE IT FURTHER RESOLVED that the Orono City Council does hereby extends its
best wishes to Sergeant Scott Boris.
Adopted by the City Council of Orono, Minnesota at a regular meeting held this 14th
day of May, 2018.
ATTEST:
Anna Carlson, City Clerk Denny Walsh, Mayor
AGENDA ITEM
Item No.: 13
Item Description: Phone System Upgrade
Date: May 14, 2018
Presenter: Ron Olson, Agenda Consent Agenda
Finance Director Section:
1. Purpose. To obtain authorization to purchase a new MX -E server for the City's phone system.
2. Background. In 2012 the City purchased a new Zultys voice over internet phone system. The
system including phones, wiring, support, and an MX250 server cost just over $48,000. The MX server
receives and distributes all of the traffic for the phone system. The server is now 5 years old which
equals the maximum lifecycle for servers on our data network. Additionally, our current phone server
cannot be upgraded to the newest version (R14) of the Zultys' software. The R14 and future versions
include security patches that will not be available if we remain on the current software.
3. Cost. The cost of the new MX -E server is $6,316.00 and comes with one year of software assurance.
If the server is not replaced, the City will still need to purchase the software assurance at a cost of
$3,348.00. The net cost for purchasing the server will be $2,968.00.
4. Funding. This purchase will be made out of the Improvement Equipment Outlay Fund.
5. Staff Recommendation. Staff recommends approval of the purchase of a new MX -E server for the
City's voice over internet phone system.
COUNCIL ACTION REQUESTED
Motion to approve the purchase of a new MX -E server for the City's voice over internet phone system.
Exhibits
Exhibit A. Quote from Nova Communications
Prepared By: -%1W
Reviewed By: -TV
Approved By: -TV
Nova Communications Inc.
Phone: (952) 473-2100
Fax: (952) 249-3999
14100 Carlson Parkway, Suite 100
Plymouth, MN 55441
Prepared for:
Ron Olson
City of Orono
2750 Kelley Parkway
Orono, MN 55356 U.S.A.
Quote
No.: 21673
�)A"OVA
COMM UN I CATIONS Date: 5/1/2018
Prepared by: Pat McCarty
Account No.: 20331
Phone: (952)249-4600
Fax: (952) 249-4616
Your Price: $6,316.00
Total: $6,316.00
Prices are firm until 6/30/2018 Terms: Due Upon Reciept
Prepared by: Pat McCarty, pmccarty@nova-communications.com Date: 5/1/2018
Provide and install a new Zultys MX -E server. The PRI and FXS analog station cards are for your existing PRI and analog
ports on your system.
A one year Software Assurance and Server warranty is included.
Labor is to be billed on T&M
Note: Taxes are an estimation, actual taxes will be reflected on the final invoice.
Accepted by:
Disclaimer
The Prices contained within this proposal are firm for up to 60 -days from the date of this proposal.
Date:
This proposal/ project summary is intended solely as a preliminary expression of general intentions and is to be used for discussion
purposes only. The parties intend that neither shall have any contractual obligations to the other with respect to the matters referred
herein unless and until a definitive agreement has been fully executed and delivered by the parties.
quote.rpt Printed: 5/1/2018 9:12:59AM Page 1
Quantity
Item ID
Description
U0M
1
90-07000
MX -E no User Licenses included -max
EA
$3,992.00
$3,992.00
300 users
1
90-07212
Dual T1/PRI Card (for existing Comcast
EA
$1,499.00
$1,499.00
PRI)
1
90-07114
Z4FXS, 4 -port analog station card (for
EA
$825.00
$825.00
connecting fax or other analog devices)
1.00
TIME AND MATERIAL
Labor to be Billable at time and
HR
$0.00
$0.00
materials.
Your Price: $6,316.00
Total: $6,316.00
Prices are firm until 6/30/2018 Terms: Due Upon Reciept
Prepared by: Pat McCarty, pmccarty@nova-communications.com Date: 5/1/2018
Provide and install a new Zultys MX -E server. The PRI and FXS analog station cards are for your existing PRI and analog
ports on your system.
A one year Software Assurance and Server warranty is included.
Labor is to be billed on T&M
Note: Taxes are an estimation, actual taxes will be reflected on the final invoice.
Accepted by:
Disclaimer
The Prices contained within this proposal are firm for up to 60 -days from the date of this proposal.
Date:
This proposal/ project summary is intended solely as a preliminary expression of general intentions and is to be used for discussion
purposes only. The parties intend that neither shall have any contractual obligations to the other with respect to the matters referred
herein unless and until a definitive agreement has been fully executed and delivered by the parties.
quote.rpt Printed: 5/1/2018 9:12:59AM Page 1
Ron Olson
From:
Sent:
To:
Subject:
Attachments:
Pat McCarty
'ova Communications
Sales & Account. Management
x)52-219 [9-T)77 Dirccl
952-173-22100 Malll
Pat McCarty <pmccarty@nova-communications.com>
Friday, May 4, 2018 10:46 AM
Ron Olson
FW: Your Zultys phone system warranty expiring
Zultys MX -E Server replaces MX250.doc; Quote - 21673 - City of Orono.pdf;
Invoice122070.pdf
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Authorized Dealer C: M M M LJ N 1 C AT 1 CS N ?. ..............1
Telecommunications solutions custom tailored to your business
From: Pat McCarty
Sent: Tuesday, May 01, 2018 9:33 AM
To: David Klitzke <dklitzke@ci.orono.mn.us>; rolson@ci.orono.mn.us
Subject: Your Zultys phone system warranty expiring
Hi Dave and Ron,
I have not heard back about options you have for upgrading your Zultys phone system. Your
current 5 year warranty for the server and software expires May 5, 2018. On top of that,
your existing Zultys server is on a 15 year old platform and is being replaced with the new MX -
E server. Attached is a quote to upgrade your system.
We are recommending that you replace your existing server (as per attached quote). By
replacing the server, you get 1 year of warranty at no charge ($3,348 value) plus you get a free
license transfer ($500 value) at no charge. The new R14 software provides security patches
and new features that are not available on prior software levels.
Alternatively, Invoice 22070 (attached) is for renewing the current Software Assurance. This is
$32/year/user plus $500 server coverage — yours would be $32 x 89 users = $2,848 + $500 per
MX250 = $3,348.00. This cannot be upgraded past R13 and Zultys is now on R14.
1
Here's info on the new MX -E servers:
Upgrade to MX -E:
• For all MX250s still covered under software subscription warranty outside of the first year.
• Offer Expires 6/1/2018.
o License transfer at no cost.
o MX -E reduced to $3,992 ($1,000 off regular pricing)
o Dual T1/PRI reduced to $1,499
• MX250 hardware must be returned within 45 days
• The offers includes our standard 1 year of warranty and software subscriptions.
Please contact me with any questions about your Zultys options regarding the upgrade or
software renewal.
Thanks,
Pat McCarty
Nova Communications
Sales & Account Management
9,52-249-3977 DII-cct.
952-173-2.100 Main
Nova Communications provides local, long distance, and hosted services. Please contact me for details!
)l llccartti'((I)noV'a-colIII n nicatI0111.c0111
}lt�.j);' \1'\i'li'.}lll}iedin.co111 `111'L1 hIIccal-1
TilSHISA VA -, ZULTYS
Authorized D@Jler C O N1 M U N I C AT i 0 N __.
Telecommunications solutions custom tailored to your business
2
AGENDA ITEM
Item No.: 14
Date: May 14, 2018
Item Description: Resolution to Reassign Responsibilities of Big Island
Presenter: Dustin Rief, City Administrator Agenda Consent Agenda
Section:
1. Purpose. To reassign the responsibility for the implementation of the Big Island Master Plan to the
Park Commission
2. Background. The previously appointed the Big Island Steering Committee in an effort to engage
stake holders to develop a master plan for the Big Island Park. The City approved the master plan on
April 23, 2018.
3. Staff Recommendation. I recommend that Council adopt the resolution to reassign the
responsibilities of Big Island to the Park Commission and appoint a liaison.
COUNCIL ACTION REQUESTED
Motion to approve the resolution reassigning responsibilities of Big Island and appoint a liaison to the
Park Commission.
Exhibit
Exhibit A. Resolution to Reassign Responsibilities
Prepared By: -SbV
Reviewed By: -SbV
Approved By: -TV
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO.
A RESOLUTION REASSIGNING RESPONSIBLITIES
WHEREAS, the City Council previously deemed it necessary to appoint a Big Island Steering
Committee to guide the development of the Big Island Master Plan,
WHEREAS, the City Council has adopted the Big Island Master Plan on April 23, 2018,
WHEREAS, the City of Orono Park Commission provides guidance and recommendations to the
City Council for all city parks, open space and recreation areas,
NOW THEREFORE BE IT RESOLVED, by the City Council of the City of Orono, Minnesota
that the City Council is reassigning the responsibilities for implementing the Big Island Master Plan to the
Park Commission,
BE IT FURTHER RESOLVED, that the City Council is hereby dissolving the Big Island Steering
Committee,
BE IT FURTHER RESOLVED, that the City Council hereby appointing Victoria Seals as the Big
Island Liaison to the Park Commission.
THIS RESOLUTION IS HEREBY, adopted by the City Council of the City of Orono, Minnesota,
at a regular meeting held May 14, 2018.
ATTEST:
Anna Carlson, City Clerk
Dennis Walsh, Mayor
AGENDA ITEM
Item No.: 15
Date: May 14, 2018
Item Description: #LA18-000033 (#18-4000) — Jeff Martineau, 1335 Arbor Street,
Variance — Resolution
Presenter: Laura Oakden, Agenda Consent Agenda
City Planner Section:
1. Purpose. This application is requesting multiple variances to construct a new home on site,
including Lot Area, Lot Width, Front Yard, Side Yard, Street Side Yard setbacks.
2. MN§15.99 Application Deadline. The applicant has waived thier development timeline
requirements to allow for a redesign of the home.
3. Background. The applicant was redesigned per direction from the February 12, 2018 City
Council meeting. Comments at that time, and from the Planning Commission meeting in
January included remove the structural coverage variance and to clarify the height of the
home, to not exceed one level.
The applicant is proposing a new home located at 1335 Arbor Street, replacing an existing
home on the property. The proposed home will be more centered on the lot. The site is a
corner and through lot with streets on three of the four sides. They are located in the RR -1B
zoning district and the lot is extremely small at 0.20 acres in a zone requiring 2 acres. The
applicant is requesting variance for lot area, lot width, front setback, side setback and side
street setback.
4. Planning Commission Comment. On April 16, The Planning Commission reviewed the
redesigned plans. They opened a public hearing where no comments were made. The planning
commission discussed the changes and applauded the applicant on their work and creatively to
meet the structural coverage. The commissioners voted unanimously to approve the variance
requests.
Public Comment. No comments from the public were received regarding this updated
application. Comments were received based on the previous proposal.
6. Staff Recommendation. Staff recommends approval.
COUNCIL ACTION REQUESTED
Make a motion to motion to adopt or amend the approval resolution.
Exhibits
Exhibit A.
Draft Resolution
Exhibit B.
Proposed Plans
Exhibit C.
Draft PC Minutes
Exhibit D.
PC Staff Report 4.16.18
Exhibit E.
PC and CC staff reports from original application
References
1) PC Exhibits
Exhibit A. Application
Exhibit B. Practical Difficulties Documentation Form
Exhibit C. Existing & Proposed Survey/Site Plan
Prepared By: LO
Reviewed By: J. Barnhart
Approved By: 5bV
AGENDA ITEM
Exhibit D. Proposed Plans and Elevations
Exhibit E. Site Pictures
Exhibit F. Setback Exhibit
Exhibit G. Submitted Hardcover Calculations
Exhibit H. Property Owners List and Map
Prepared By: LO Reviewed By: J. Barnhart Approved By: 5bV
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO.
A RESOLUTION
APPROVING A VARIANCE FROM
MUNICIPAL ZONING CODE
SECTION 78-420 and 78-305
FILE NO. LA18-000033 (18-4000)
WHEREAS, on December 13, 2018, Barbara Garcia ("Applicant"), applied for a
variance from the City Code for the property addressed 1335 Arbor Street and legally described as:
Lot 1, Block 2, MARKVILLE Hennepin County, MN (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 front, side and side street
setbacks; and
WHEREAS, the Applicants have made application to the City of Orono for a variance to
Orono Municipal Zoning Code Section 78-305 to allow lot area and lot width; and
WHEREAS, on April 16, 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 April 16, 2018, the Planning Commission recommended approval
of the variances; and
WHEREAS, on May 14, 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:
This application was reviewed as Zoning File #LA18-000033 (18-4000). 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 0.2 acres in area and has a defined lot width of 52 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.
Front Yard
b.
Side Yard
c.
Street Side Yard
d.
Lot Area
e.
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 ...." The applicant is proposing to construct a new single family
home on a residential lot which is consistent with the intent of the ordinance. The lot width and
lot area variances are consistent with the general intent of the Ordinance. The variances for a
40' front, 7.5' interior side and 8.5 street side request is reasonable considering the
configuration and buildable area of the property.
2. "Variances shall only be permitted . . . when the variances are consistent with the
comprehensive plan." The variances resulting in a permit for a new single family residence in
a residential zone are consistent with the Comprehensive Plan.
3. "Variances may be granted when the applicant for the variance establishes that there are
practical difficulties in complying with the zoning ordinance. `Practical difficulties,' as used in
connection with the granting of a variance, means that:
a. The property owner in question proposes to use the property in a reasonable manner,
however, the proposed use is not permitted by the official controls.
The applicant is proposing use of the property in a reasonable manner with the
construction on a single family home. There is limited space to construct a conforming
structure on the site.
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO.
b. The plight of the landowner is due to circumstances unique to his property not created
by the landowner.
The plight of the property owner is due to the existing substandard lot size and shape,
and its uniqueness being a lot abutting 3 streets.
c. The variance, if granted, will not alter the essential character of the locality. "
The character of the neighborhood is not likely to be significantly altered from
replacement of the residence which is consistent in character and size with the
surrounding homes.
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 -1B District.
7. "The board or council may permit as a variance the temporary use of a one -family dwelling
as a two-family dwelling." This condition is not applicable.
8. "The special conditions applying to the structure or land in question are peculiar to such
property or immediately adjoining property." The size of the lot with in the RR -1B zoning district
and abutting 3 streets is unique for the requested lot width, lot area and setback variances.
9. "The conditions do not apply generally to other land or structures in the district in which the
land is located." The size of the lot and its locations as it pertains to the existing zoning district
is peculiar to the property.
10. "The granting of the application is necessary for the preservation and enjoyment of a
substantial property right of the applicant." Staff finds this statement to be true to allow for
construction of a single family home on this parcel.
11. "The granting of the proposed variance will not in any way impair health, safety, comfort or
morals, or in any other respect be contrary to the intent of this chapter." Granting of the
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO.
requested variances would not impair health, safety, comfort or morals and would be in keeping
with the intent of the zoning code.
12. "The granting of such variance will not merely serve as a convenience to the applicant, but
is necessary to alleviate demonstrable difficulty." The application has stated the narrow corner
lot has setback challenges for construction of a single family home. The property is unique in
size location between three streets.
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 and 78-305 to allow front yard, side
yard street side yard, lot area and lot width, subject to the following conditions:
1. Council approval is based on the entire record, above Findings.
2. The approved project shall conform to the survey dated April 26, 2018 and building plans
submitted by the Applicants and annotated by City staff, attached to this Resolution as
Exhibits A.
3. Any amendments to the plans which are not in conformity with City codes may require
further Planning Commission and City Council review.
4. Authorities granted by this resolution run with the Property not with the Applicants, but are
permissive only and must be exercised by obtaining a building permit for the new
construction and commencing construction of said project. A framing inspection must be
completed within one year of the date of Council approval, or the variance will expire on
that date (May 14, 2019).
5. Violation of or non-compliance with any of the terms and conditions of this resolution may
result in the termination of any authority granted herein.
ADOPTED by the Orono City Council on this 14 day of May, 2018.
ATTEST:
CITY OF ORONO:
Anna Carlson, City Clerk Dennis Walsh, Mayor
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CERTIFICATE OF SURVEY FOR
COLIN KELLER
OF LOT 1, BLOCK 2, MARKVILLE
HENNEPIN COUNTY, MINNESOTA
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LEGAL DESCRIPTION OF PREMISES:
Lot 1, Block 2, MARKVILLE
• Denotes iron marker found
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This survey shows the boundaries of the above described property
and the location of an existing house, driveway, shed and existing
hardcover thereon. It does not purport to show any other encroachments
or improvements.
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EDGE OF BLACKTOP
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LEGAL DESCRIPTION OF PREMISES:
Lot 1, Block 2, MARKVILLE
• Denotes iron marker found
0 : Denotes iron marker set
----956--= Denotes existing contour line, mean sea level datum
This survey shows the boundaries of the above described property
and the location of an existing house, driveway, shed and existing
hardcover thereon. It does not purport to show any other encroachments
or improvements.
RECEIVED
APR 2 5 2018
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Lot 1, Block 2, MARKVILLE
• Denotes iron marker found
0 : Denotes iron marker set
----956--= Denotes existing contour line, mean sea level datum
This survey shows the boundaries of the above described property
and the location of an existing house, driveway, shed and existing
hardcover thereon. It does not purport to show any other encroachments
or improvements.
RECEIVED
APR 2 5 2018
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CERTIFICATE OF SURVEY FOR
COLIN KELLER
OF LOT 1, BLOCK 2, MARKVILLE
HENNEPIN COUNTY, MINNESOTA
PROSPECT AVE.
EDGE OF BLACKTOP
--S-89L?-n'34"--E-T75-00___------- —_
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LEGAL DESCRIPTION OF PREMISES:
Lot 1, Block 2, MARKVILLE
• Denotes iron marker found
0 : Denotes iron marker set
----956--= Denotes existing contour line, mean sea level datum
This survey shows the boundaries of the above described property
and the location of an existing house, driveway, shed and existing
hardcover thereon. It does not purport to show any other encroachments
or improvements.
RECEIVED
APR 2 5 2018
CITY OF C 7 01\10
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OF LOT 1, BLOCK 2, MARKVILLE
HENNEPIN COUNTY, MINNESOTA
PROSPECT AVE.
EDGE OF BLACKTOP
--S-89L?-n'34"--E-T75-00___------- —_
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LEGAL DESCRIPTION OF PREMISES:
Lot 1, Block 2, MARKVILLE
• Denotes iron marker found
0 : Denotes iron marker set
----956--= Denotes existing contour line, mean sea level datum
This survey shows the boundaries of the above described property
and the location of an existing house, driveway, shed and existing
hardcover thereon. It does not purport to show any other encroachments
or improvements.
RECEIVED
APR 2 5 2018
CITY OF C 7 01\10
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CERTIFICATE OF SURVEY FOR
COLIN KELLER
OF LOT 1, BLOCK 2, MARKVILLE
HENNEPIN COUNTY, MINNESOTA
PROSPECT AVE.
EDGE OF BLACKTOP
--S-89L?-n'34"--E-T75-00___------- —_
:p O
LO
:°O \
1—
J 35.0
w —9 O
(H)WALK
\
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z
3 f ENTRY (G) — LO
13.0 /
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/ N 15.5 22.0
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1335 (
WIND W ��) 0 18.0
WE 28.5 N N
22.0
/ C:)' CANT. WINDOW WELL �F)
L0
FENCELINE
J \�� S 89020'30" E 175.00
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EXISTING
POOL HOUSE
#1355
0 20 40 80
SCALE IN FEET
BLACKTOP: o
DRIVEWAY
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40.00
co
LEGAL DESCRIPTION OF PREMISES:
Lot 1, Block 2, MARKVILLE
• Denotes iron marker found
0 : Denotes iron marker set
----956--= Denotes existing contour line, mean sea level datum
This survey shows the boundaries of the above described property
and the location of an existing house, driveway, shed and existing
hardcover thereon. It does not purport to show any other encroachments
or improvements.
RECEIVED
APR 2 5 2018
CITY OF C 7 01\10
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2000y
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MINUTES OF THE
ORONO PLANNING COMMISSION
Monday, April 16, 2018
6:30 o'clock p.m.
ROLL CALL
The Orono Planning Commission met on the above-mentioned date with the following members present:
Chair John Thiesse, Commissioners Bob Erickson, Kevin Landgraver, Bruce Lemke, Dennis Libby, and
Jon Ressler. Representing Staff were Community Development Director Jeremy Barnhart, City Planners
Melanie Curtis and Laura Oakden, and Recorder Jackie Young. Council Member Wendy Dankey and
Mayor Dennis Walsh were present.
Chair Thiesse called the meeting to order at 6:30 p.m., followed by the Pledge of Allegiance.
3. LA18-000033 JEFF MARTINEAU, 1335 ARBOR STREET, VARIANCES, 6:34 P.M. —
6:44 P.M.
Jeff Martineau, Applicant, was present.
Oakden noted this application is a resubmittal of a variance request for 1335 Arbor Street. The applicant
is requesting multiple variances for lot area, lot width, front setback, side street setback, and interior side
setback.
The applicant had previously requested the same setback variances as well as a structural coverage
variance. The Planning Commission at its January meeting denied the request due to the structural
coverage variance. The City Council, at its February 2, 2018, meeting, tabled the application and asked
the applicant to redesign the home to meet the structural coverage standards and to bring the application
back through the public hearing process.
The applicant is now proposing to construct a new home, replacing an existing home on the property.
The proposed home will be more centered on the lot. The site is a corner and through lot with streets on
three of the four sides. The new residence will be a ramble style home with a full basement and a two -
stall garage and deck. The lot is located in the RR -1B, two -acre zoning district, and the lot is extremely
small at 0.20 acres in a zoning requiring two acres.
The applicant is requesting a 40 -foot front yard setback where 50 feet is required. In addition, the
applicant is requesting a 7.5 interior side yard setback where 10 feet is required and an 8.5 -foot side street
setback where 30 feet is required. The front and interior side yard setbacks seem reasonable for the small
lot location. The proposed site plan shows window wells which encroach closer to the setbacks than the
principal building. Per City Code, window wells are permitted to encroach into the setback but not
extend more than five feet from the building.
Staff finds there are practical difficulties inherent to the lot area, lot width, and proposed setbacks due to
the size of the lot. The lot is also unique in that it has street abutting three sides of the lot.
Staff recommends approval.
The Planning Commission had no questions for Staff.
MINUTES OF THE
ORONO PLANNING COMMISSION
Monday, April 16, 2018
6:30 o'clock p.m.
Jeff Martineau, Applicant, stated as the Planning Commission is aware, the previous application requested
a structural coverage variance. Martineau stated at first blush he did not believe he could construct the
house to meet the structural coverage without building a two-story, but after further consideration and
discussions with the property owners, the proposal is for a full basement rambler style home with a two -
stall garage and a deck.
As it relates to the fireplace, Martineau stated hopefully that can be resolved by calling it a cantilever and
working within the setbacks. If that is not possible, it will have to be moved within the footprint.
Libby asked if the additional dimensions affect any egress or ingress points.
Martineau stated if Commissioner Libby is asking whether they have the ability to service lower
bedrooms with egress, arrangements have been made that the lower bedroom windows would be able to
be accessed egress -wise by the window wells. The other window wells would be located on the left side
of the residence and do not require a variance.
Libby stated he was more concerned about egress and ingress versus for exits and entrances versus the
egress windows.
Martineau noted the door faces Prospect but there is a sidewalk that goes to the garage, which exits onto
Arbor Street. As it relates to other egress areas in the house, the patio with a sliding glass door is located
off the eating area and is located on grade. To the right side of the house, there would be an access to the
garage. Martineau noted the egresses are the front door facing Prospect, the garage door, and the patio
door on the main floor.
Thiesse asked if he substantially reduced the pitch of the roof.
Martineau indicated they did. The approximate height of the new roof is 27 feet.
Chair Thiesse opened the public hearing at 6:42 p.m.
There were no public comments regarding this application.
Chair Thiesse closed the public hearing at 6:42 p.m.
Landgraver commented the applicants have done a good job at redesigning the house.
Thiesse stated in his view the house will fit the neighborhood well.
Ressler stated he does not disagree and that it is compatible with the other homes in the area.
Erickson commented it is an attractive design.
Landgraver moved, Erickson seconded, to recommend approval of Application No. LA18-000033,
Jeff Martineau on behalf of Barbara Garcia, 1335 Arbor Street, granting of variances to lot area,
lot width, front setback, side street setback, and interior side setback. VOTE: Ayes 6, Nays 0.
Date Application Received: December 13, 2017
Date Application Considered as Complete: January 4, 2018
To: Chair Thiesse and Planning Commission Members
Dustin Reif, City Administrator
From: Laura Oakden, Planner LLO
Date: April 16, 2018
Subject: LA18-000033 (18-4000), Jeff Martineau o/b/o Barbara Garcia, 1335 Arbor
Street, Variance Public Hearing
Application Summary: The applicant is requesting multiple variances for lot area, lot width,
front setback, side street setback and interior side setback
Staff Recommendation: Planning Department Staff recommends approval of the requested
variances.
Background
The application had previously requested the same setback variances and a structural coverage
variance. The Planning Commission on January 16, 2018 denied the request due to the
structural coverage variance. The City Council on February 12, 2018 tabled the application and
asked the applicants to redesign the home to meeting the structural coverage standards and
bring the application back through the public hearing process. It is appropriate to have the
Planning Commission review the redesigned building, and allow further public comment.
The applicant proposes to construct a new home located at 1335 Arbor Street, replacing an
existing home on the property. The proposed home will be more centered on the lot. The site
is a corner and through lot with streets on three of the four sides. The applicant proposes to
build a full basement rambler style home with two stall garage and a deck. They are located in
the RR -113 2 acre zoning district and the lot is extremely small at 0.20 acres in a zone requiring 2
acres.
LOT ANALYSIS WORKSHEET
Section 78-420 - Setbacks:
DISTRICT RR -113
Required
Existing
Proposed
Front (Arbor St)
50'
15.4
40'
Rear (Briar St)_
50'
97.5
53'
Street (Prospect Ave)
30'
15.5
8.5'
Side
10'
7.7
7.S'
Section 420- Lot Area/Width:
DISTRICT RR -16 Lot Area Lot Width
Required 87,120 s.f. (2 acres) 200'
18-4000
April 16, 2018
Page 2 of 5
Actual 9,100s. (0.2 acre) 52'
Section 78-1403- Structural Cover
Total Lot Area
Total Structural Coverage
9100 s. (0.2 acre)
Allowed: 2,000 s.f.
Proposed
Proposed: 1,996 s.f. (House and Entry)
(21.9%)
*On lots of less than 10,000 square feet in area, the total combined footprints of all principal and
accessory structures shall not exceed 2,000 square feet.
Section 78-1700 -Hardcover Calculations:
Stormwater
Total Area in
Allowed
Existing
Proposed
Overlay District
Zone
Hardcover
Hardcover
Hardcover
Tier
3,185 s.f.
2,112 s.f.
3,119s.f.
Tier 3
9,100 s.f.
(35 %)
(23.21%)
(34.27%)
Applicable Regulations:
Setback Variances (Section 78-4201
The applicant is proposed to construct a new home that is oriented towards Arbor. They are
requesting a 40' front yard (Arbor Street) setback where a 50' is required. They are requesting a
7.5 interior side yard setback where a 10' feet is required. They are requesting a 8.5 side
(Prospect Ave.) street setback where 30' is required. The front and interior side yard setbacks
seem reasonable for the small lot location. The proposed site plan is showing window wells
which encroach closer to the setbacks then the principle building. Per the City Code 1405
Nonencroachments, window wells are permitted to encroach into the setback but not to extend
more than 5 feet from the building
The building plans also show a small bump out in the south west corner of the home parallel to
the interior side lot line for a chimney. This bump out is not shown on the survey. It should be
clarified if this is included as part of the footprint of the home before a final decision be council
is made.
Lot Area and Width Variance (Section 78-305)
Zoning Code Section 78-72 provides options for the redevelopment of lots which do not meet
the minimum area or width requirements for the respective zoning district. Substandard
properties within the Shoreland Overlay District, like the subject lot, are able to be redeveloped
without variances if specific standards are met; such as:
1. All setback requirements can be met. Not Met.
2. 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
3. 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
35 percent of the entire lot area.
4. All other zoning district standards can be met. Not Met.
The applicant's need for a multiple setback variances results in the property's inability to
18-4000
April 16, 2018
Page 3 of 5
conform to #1 and #4 above. Therefore, a lot width and area variance is also required in order to
develop the property.
Governing Regulation: Variance (Section 78-123)
In reviewing applications for variance, the Planning Commission shall consider the effect of the
proposed variance upon the health, safety and welfare of the community, existing and
anticipated traffic conditions, light and air, danger of fire, risk to the public safety, and the effect
on values of property in the surrounding area. The Planning Commission shall consider
recommending approval for variances from the literal provisions of the Zoning Code in instances
where their strict enforcement would cause practical difficulties because of circumstances unique
to the individual property under consideration, and shall recommend approval only when it is
demonstrated that such actions will be in keeping with the spirit and intent of the Orono Zoning
Code. Economic considerations alone do not constitute practical difficulties. Practical difficulties
also include but are not limited to inadequate access to direct sunlight for solar energy systems.
Variances shall be granted for earth -sheltered construction as defined in Minn. Stat. § 216C.06,
subd. 2, when in harmony with this chapter. The board or the council may not permit as a
variance any use that is not permitted under this chapter for property in the zone where the
affected person's land is located. The board or council may permit as a variance the temporary
use of a one -family dwelling as a two-family dwelling.
According to MN §462.537 Subd. 6(2) variances shall only be permitted when:
1. The variance is in harmony with the general intent and purpose of the Ordinance. The
applicant is proposing to construct a new single family home on a residential lot which
is consistent with the intent of the ordinance. The lot width and lot area variances are
consistent with the general intent of the Ordinance. The variances for a 40' front, 7.5'
interior side and 8.5 street side request is reasonable considering the configuration and
buildable area of the property.
2. The variance is consistent with the comprehensive plan. The variances resulting in a
permit for a new single family residence in a residential zone are consistent with the
Comprehensive Plan.
3. The applicant establishes that there are practical difficulties.
a. The property owner proposes to use the property in a reasonable manner not
permitted by the official controls; The applicant is proposing use of the property
in a reasonable manner with the construction on a single family home. There is
limited space to construct a conforming structure on the site.
b. There are circumstances unique to the property not created by the landowner;
The plight of the property owner is due to the existing substandard lot size and
shape, and its uniqueness being a lot abutting 3 streets.
c. The variance will not alter the essential character of the locality. The character
of the neighborhood is not likely to be significantly altered from replacement of
the residence which is consistent in character and size with the surrounding
homes.
d. 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
18-4000
April 16, 2018
Page 4 of 5
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 -1B District.
7. The board or council may permit as a variance the temporary use of a one -family dwelling
as a two-family dwelling. This condition is not applicable.
8. The special conditions applying to the structure or land in question are peculiar to such
property or immediately adjoining property. The size of the lot with in the RR -1B zoning
district and abuting 3 streets is unique for the requested lot width, lot area and setback
variances variances.
9. The conditions do not apply generally to other land or structures in the district in which
the land is located. The size of the lot and its locations as it pertains to the existing zoning
district is peculiar to the property.
10. The granting of the application is necessary for the preservation and enjoyment of a
substantial property right of the applicant. Staff finds this statement to be true to allow
for construction of a single family home on this parcel.
11. The granting of the proposed variance will not in any way impair health, safety, comfort
or morals, or in any other respect be contrary to the intent of this chapter. Granting of
the requested variances would not impair health, safety, comfort or morals and would
be in keeping with the intent of the zoning code.
12. The granting of such variance will not merely serve as a convenience to the applicant, but
is necessary to alleviate demonstrable difficulty. The application has stated the narrow
corner lot has setback challenges for construction of a single family home. The property
is unique in size location between three streets.
The Commission may recommend or Council may impose conditions in granting of variances.
Any conditions imposed must be directly related to and must bear a rough proportionality to the
impact created by the variance. No variance shall be granted or changed beyond the use
permitted in this chapter in the district where such land is located.
Septic System Status
The property is served by City sewer.
Engineer Comments
A proposed grading plan will be submitted and reviewed with the building permit. Depending on
roof line, roof overhang or small areas for drainage water may be able to be mitigated with a
gutter system. The applicant should show how they plan to address drainage on the site with a
submitted grading plan.
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 there are practical difficulties inherent to the lot area, lot width and proposed setbacks.
18-4000
April 16, 2018
Page 5 of 5
Due to the size of the lot located within the 2 acre RR -16 zoning district. The lot is also unique in
that has street which is abutting 3 sides of the lot.
Public Comments
Public comments made at the January 16, 2018 Planning Commission Meeting were in favor of
the proposed project. A major concern that came up from the neighborhood was the proposed
height of the building and for it to remain a one story home as to not overshadow the street to
have the home maintain the character of the neighborhood. This was a discussion by the council
as well. The new redesigned home is a one story home with no windows above the first floor.
Issues for Consideration
1. The Planning Commission should discuss the side street setback and the visual impact
that may have.
2. Does the Planning Commission find that the variance(s), if granted, will not alter the
essential character of the neighborhood?
Planning Commission options for consideration
If the Planning Commission has discussed and has sufficient findings for the requests, staff would
recommend approval of the request variances.
List of Exhibits
Exhibit A.
Application
Exhibit B.
Practical Difficulties Documentation Form
Exhibit C.
Existing & Proposed Survey/Site Plan
Exhibit D.
Proposed Plans and Elevations
Exhibit E.
Site Pictures
Exhibit F.
Setback Exhibit
Exhibit G.
Submitted Hardcover Calculations
Exhibit H.
Property Owners List and Map
AGENDA ITEM
Item No.:
Date: February 12, 2018
Item Description: #18-4000, Jeff Martineau o/b/o Barbara Garcia, 1335 Arbor Street,
Variance— Resolution
Presenter: Laura Oakden Agenda Public Hearing
Planner Section:
Due to an error in the public hearing notice for the January Planning Commission
meeting, and to ensure that all impacted property owners have the ability to comment, the
public hearing was opened at the Planning Commission meeting, and continued to the
City Council meeting. The City Council must open the public hearing, invite comment,
and close the public hearing for this item prior to discussion and vote.
1. Purpose. This application is requesting multiple variances to construct a new home on site,
including Lot Area, Lot Width, front, side, street side setback and structural coverage.
2. MN§15.99 Application Deadline. The application was received on December 13, 2017; it was
considered as complete on January 4, 2018. Therefore the 60 -Day review period expires on
March 5, 2018.
Background. The applicant is looking to construct a new home located at 1335 Arbor Street,
replacing an existing home on the property. The proposed home will be more centered on the lot.
The site is a corner and through lot with streets on three of the four sides. The applicant proposes
to build a full basement rambler style home with two stall garage and a deck. They are located in
the RR -113 zoning district and the lot is extremely small at 0.20 acres in a zone requiring 2 acres.
The applicant is requesting variance for lot area, lot width, front setback, side setback. Side street
setback, and structural coverage variance.
The applicant would like the council to consider this application as it is presented, though the
Planning Commission noted concern with the structural coverage variance. The applicant is
prepared to redesign the footprint of the home to meet the structural coverage of 2000 square feet.
Staff has determined that the redesign will require review by the Planning Commission in a
public hearing. If the Council feels that the standards for a variance from the structural coverage
have not been met, the applicant will bring new plans for a public hearing at the April 16'x'
Planning Commission and the May 14, 2018 Council meeting.
4. Planning Commission Comment. On January 16, 2018 the Planning Commission opened a public
hearing and reviewed the application. The Commission discussed the multiple variances and seem
supportive of the variance except the structural coverage, noting that the limits were recently
increased from 1500 sqft to 2000 sqft. The commissioners voted unanimously on a motion to deny
the variance requests.
5. Public Comment. No comments from the public were received regarding this application.
6. Staff Recommendation. The Council has one of two options:
a. If the Council feels that the standards for one or several variances, including the
structural coverage variance, are not met, the applicant asks the Council table action,
allowing him to redesign and resubmit for public review.
b. If the Council finds that the standards for variance are met, the Council should direct staff
Prepared By: LO
Reviewed By:JBamhart
Approved By:
AGENDA ITEM
to draft a resolution of approval for consideration at a future meeting.
COUNCIL ACTION REQUESTED
Open the public hearing, receive comments, and make a motion to either approve the application as
presented or table the application for redesign.
Exhibits
Exhibit A. Proposed Plans
Exhibit B. Draft PC Minutes
Exhibit C. PC Staff Report
Exhibit D. Setback Exhibit
References
1) PC Exhibits
Exhibit A. Application
Exhibit B. Practical Difficulties Documentation Form
Exhibit C.
Existing & Proposed Survey/Site Plan
Exhibit D.
Proposed Plans and Elevations
Exhibit E.
Site Pictures
Exhibit F.
Submitted Hardcover Calculations
Exhibit G.
Property Owners List and Map
Prepared By: LO Reviewed By:JBarnhart Approved By:
Date Application Received: December 13, 2017
Date Application Considered as Complete: January 4, 2018
60 -Day Review Period Expires: March 5, 2018
To: Chair Thiesse and Planning Commission Members
Dustin Reif, City Administrator
From: Laura Oakden, Planner LLo
Date: January 16, 2018
Subject: 18-4000, Jeff Martineau o/b/o Barbara Garcia, 1335 Arbor Street, Variance
Public Hearing
Application Summary: The applicant is requesting multiple variances for lot area, lot width,
front setback, side street setback, interior side setback and structural coverage to exceed 2,000
square feet.
Staff Recommendation: Planning Department Staff recommends approval of the requested
variances.
Background
The applicant is looking to construct a new home located at 1335 Arbor Street, replacing an
existing home on the propoerty. The proposed home will be more centered on the lot. The site
is a corner and through lot with streets on three of the four sides. The applicant proposes to
build a full basement rambler style home with two stall garage and a deck. They are located in
the RR -113 2 acre zoning district and the lot is extremely small at 0.20 acres in a zone requiring 2
acres.
LOT ANALYSIS WORKSHEET
Section 78-420 - Setbacks:
DISTRICT RR -1B
Required
Existing
Proposed
Front (Arbor St)
50'
15.4
40'
Rear (Briar St)_
50'
97.5
65'
Street (Prospect Ave)
30'
15.5
8.5'
Side
10'
7.7
7.5'
Section 420- Lot Area/Width:
DISTRICT RR -1B
Lot Area
Lot Width
Required
87,120 s.f. (2 acres)
200'
Actual
9,100s. (0.2 acre)
52'
Section 78-1403- Structural Coverage:
Total Lot Area
Total Structural Coverage
9100 s. (0.2 acre)
Allowed: 2,000 s.f.
Proposed: 2,348 s.f. (House and Porch)
18-4000
January 16, 2018
Page 2 of 5
(25.8%)
*On lots of less than 10,000 square feet in area, the total combined footprints of all principal and
accessory structures shall not exceed 2,000 square feet.
Section 78-1700 -Hardcover Calculations:
Stormwater
Total Area in
Allowed
Existing
Proposed
Overlay District
Zone
Hardcover
Hardcover
Hardcover
Tier
3,185 s.f.
2,112 s.f.
3,184s.f.
Tier 3
9,100 s.f.
(35 %)
(23.21%)
(34.99%)
Applicable Regulations:
Setback Variances (Section 78-4201
The applicant is proposed to construct a new home that is oriented towards Arbor. They are
requested multiple setback variances to use the lot for a single family home. They are
requesting a 40' front yard setback where a 50' is required. They are requesting a 7.5 interior
side yard setback where a 10' feet is required. They are requesting a 8.5 side street setback
where 30' is required. The front and interior side yard setbacks seem reasonable for the small
lot location. The Planning Commission should discussion if the 8.5 foot proposed street side
setback seems reasonable for the home and location.
Lot Area and Width Variance (Section 78-305)
Zoning Code Section 78-72 provides options for the redevelopment of lots which do not meet
the minimum area or width requirements for the respective zoning district. Substandard
properties within the Shoreland Overlay District, like the subject lot, are able to be redeveloped
without variances if specific standards are met; such as:
1. All setback requirements can be met. Not Met.
2. 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
3. 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
35 percent of the entire lot area.
4. All other zoning district standards can be met. Not Met.
The applicant's need for a multiple setback variances and structural coverage variance results in
the property's inability to conform to #1 and #4 above. Therefore, a lot width and area variance
is also required in order to develop the property.
Structural Coverage (78-1403)
The city code allows on lots of less than 10,000 square feet in area, the total combined footprints
of all principal and accessory structures shall not exceed 2,000 square feet. The application is
requesting a structural coverage variance to allow 348 additional s.f of coverage over the
permitted 2,000 sq.ft per the city code. The applicant is proposed a rambler style of home that
is fitting within the neighborhood.
Governing Regulation: Variance (Section 78-123)
In reviewing applications for variance, the Planning Commission shall consider the effect of the
18-4000
January 16, 2018
Page 3 of 5
proposed variance upon the health, safety and welfare of the community, existing and
anticipated traffic conditions, light and air, danger of fire, risk to the public safety, and the effect
on values of property in the surrounding area. The Planning Commission shall consider
recommending approval for variances from the literal provisions of the Zoning Code in instances
where their strict enforcement would cause practical difficulties because of circumstances unique
to the individual property under consideration, and shall recommend approval only when it is
demonstrated that such actions will be in keeping with the spirit and intent of the Orono Zoning
Code. Economic considerations alone do not constitute practical difficulties. Practical difficulties
also include but are not limited to inadequate access to direct sunlight for solar energy systems.
Variances shall be granted for earth -sheltered construction as defined in Minn. Stat. § 216C.06,
subd. 2, when in harmony with this chapter. The board or the council may not permit as a
variance any use that is not permitted under this chapter for property in the zone where the
affected person's land is located. The board or council may permit as a variance the temporary
use of a one -family dwelling as a two-family dwelling.
According to MN §462.537 Subd. 6(2) variances shall only be permitted when:
1. The variance is in harmony with the general intent and purpose of the Ordinance. The
applicant is proposing to construct a new single family home on a residential lot which
is consistent with the intent of the ordinance. The lot width and lot area variances are
consistent with the general intent of the Ordinance. The variances for a 40' front, 7.5'
interior side, 8.5 street side setback and a 2,348 s.f. structural coverage request is
reasonable considering the shape and buildable area of the property.
2. The variance is consistent with the comprehensive plan. The variances resulting in a
permit for a new single family residence in a residential zone are consistent with the
Comprehensive Plan.
3. The applicant establishes that there are practical difficulties.
a. The property owner proposes to use the property in a reasonable manner not
permitted by the official controls; The applicant is proposing use of the property
in a reasonable manner with the construction on a single family home. There is
limited space to construct a conforming structure on the site.
b. There are circumstances unique to the property not created by the landowner;
The plight of the property owner is due to the existing substandard lot size and
shape, and its uniqueness being a lot abutting 3 streets.
c. The variance will not alter the essential character of the locality. The character
of the neighborhood is not likely to be significantly altered from replacement of
the residence which is consistent in character and size with the surrounding
homes.
d. 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
18-4000
January 16, 2018
Page 4 of 5
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 size of the lot with in the RR -113 zoning
district and abuting 3 streets is unique for the requested lot width, lot area, setback
variances and structural coverage variance.
9. The conditions do not apply generally to other land or structures in the district in which
the land is located. The size of the lot and its locations as it pertains to the existing zoning
district is peculiar to the property.
10. The granting of the application is necessary for the preservation and enjoyment of a
substantial property right of the applicant. Staff finds this statement to be true to allow
for construction of a single family home on this parcel.
11. The granting of the proposed variance will not in any way impair health, safety, comfort
or morals, or in any other respect be contrary to the intent of this chapter. Granting of
the requested variances would not impair health, safety, comfort or morals and would
be in keeping with the intent of the zoning code.
12. The granting of such variance will not merely serve as a convenience to the applicant, but
is necessary to alleviate demonstrable difficulty. The application has stated the narrow
corner lot has setback challenges for construction of a single family home. The property
is unique in size location between three streets.
The Commission may recommend or Council may impose conditions in granting of variances.
Any conditions imposed must be directly related to and must bear a rough proportionality to the
impact created by the variance. No variance shall be granted or changed beyond the use
permitted in this chapter in the district where such land is located.
Septic System Status
The property is served by City sewer.
Engineer Comments
A proposed grading plan should be submitted and reviewed with the building permit. Depending
on roof line, roof overhang or small areas for drainage water may be able to be mitigated with a
gutter system. The applicant should show how they plan to address drainage on the site with a
submitted grading plan.
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 there are practical difficulties inherent to the lot area, lot width, proposed setbacks
and structural coverage. Due to the size of the lot located within the 2 acre RR -113 zoning district.
The lot is also unique in that has street which is abutting 3 sides of the lot. The Planning
Commission should discuss and ask the applicant about the visual impacts of allowing an 8.5' side
street setback, placement of window wells for the basement bedrooms if they can create
18-4000
January 16, 2018
Page 5 of 5
adequate drainage within the side setback space for the lot.
Public Comments
To date, no public comments have been received.
Issues for Consideration
1. The Planning Commission should discuss the side street setback and the visual impact
that may have.
2. The Planning Commission should discussion he placement of the placement for window
well.
3. Does the Planning Commission find that the variance(s), if granted, will not alter the
essential character of the neighborhood?
Planning Commission options for consideration
If the Planning Commission has discussed and has sufficient findings for the requests, staff would
recommend approval of the request variances.
List of Exhibits
Exhibit A.
Application
Exhibit B.
Practical Difficulties Documentation Form
Exhibit C.
Existing & Proposed Survey/Site Plan
Exhibit D.
Proposed Plans and Elevations
Exhibit E.
Site Pictures
Exhibit F.
Submitted Hardcover Calculations
Exhibit G.
Property Owners List and Map
AGENDA ITEM
Item No.: 16
Date: May 14, 2018
Item Description: LAI 8-000035 —Ryan Hasse, Nicole Speck and Gary Johnson, 3800
Shoreline Drive, Conditional Use Permit and Site Plan Review — Resolution
Presenter: Laura Oakden, Agenda Consent Agenda
City Planner Section:
1. Purpose. The applicant is requesting a condition use permit for a Kennel in the B-5 District and a
site plan review of the new accessory building and parking lot layout.
2. 15.99 Deadline The Conditional Use Permit was received and deemed complete on April 9th, 2018.
The 60 -day review period will expire on June 8th, 2018.
3. Background/ Summary. Per the City Code (92-161) definition of Commercial kennel means any
place or premises where three or more dogs over six months of age are kept or housed at any one time
for commercial purposes, including sale, boarding, breeding, grooming, training or medical care.
Kennel is listed as a Condition Uses in the B-5 district.
Proposal Use. The applicants propose to use the existing building (1244 sq.ft.) for "DogHaven",
a dog daycare, grooming spa, and training facility. They will offer overnight boarding on a limited basis.
They will have staff on-site anytime there are dogs being boarded overnight. A staff member will also
always be present if dogs are using the outdoor area.
Existing Buildings. The applicants are proposing to update the existing building fagade. The
existing building is brown cedar shakes and glass windows. They are proposing to paint the exterior cedar
shakes grey with white trim and replacing the roof with a dark gray metal so the two buildings will be
consistent.
New Building. They are also proposing to construct a 1,932 sq ft accessory structure (42' x 46')
in the northwest corner of the property. This proposed building will be metal and will match the color
scheme of the main house with grey horizontal siding, white trim, and dark grey roof. The applicants will
also add stone fagade on the lower portion of the building and windows to cover the street side of the
building. Elevation drawing are included as Exhibit B. This accessory building will be open interior with
one restroom. This will be used as an indoor play area for the dogs year round.
The City Council should determine if the proposed building is consistent with the provisions of 78-766
(g) Building design and construction. In addition to other restrictions of this chapter, the use,
construction, alteration or enlargements to any building or structure within the district shall meet
the following standards:
(1) All exterior wall finishes on any building shall be:
a. Face brick;
b. Natural stone;
Prepared By: J. Barnhart
Reviewed By: _Sb)R
Approved By: -TV
Zoning
Use
North
LR -1C
Hennepin County Garage
South
LR -1C
Shoreline Drive
East
LR -1C-1
Navarre Fire Station
West
B-5 Commercial
Hope Chest- Retail
Existing Buildings. The applicants are proposing to update the existing building fagade. The
existing building is brown cedar shakes and glass windows. They are proposing to paint the exterior cedar
shakes grey with white trim and replacing the roof with a dark gray metal so the two buildings will be
consistent.
New Building. They are also proposing to construct a 1,932 sq ft accessory structure (42' x 46')
in the northwest corner of the property. This proposed building will be metal and will match the color
scheme of the main house with grey horizontal siding, white trim, and dark grey roof. The applicants will
also add stone fagade on the lower portion of the building and windows to cover the street side of the
building. Elevation drawing are included as Exhibit B. This accessory building will be open interior with
one restroom. This will be used as an indoor play area for the dogs year round.
The City Council should determine if the proposed building is consistent with the provisions of 78-766
(g) Building design and construction. In addition to other restrictions of this chapter, the use,
construction, alteration or enlargements to any building or structure within the district shall meet
the following standards:
(1) All exterior wall finishes on any building shall be:
a. Face brick;
b. Natural stone;
Prepared By: J. Barnhart
Reviewed By: _Sb)R
Approved By: -TV
AGENDA ITEM
c. Specially designed precast concrete units if the surfaces have been integrally
treated with an applied decorative material or texture;
d. Factory fabricated and finished metal framed panel construction, if the panel
materials are of any of those noted in subsections (g)(1)a—c of this section, or glass;
or
e. Other materials as may be approved by the council.
Combinations of such materials shall be permitted.
(2) All subsequent additions and outbuildings constructed after the erection of an original
building shall be constructed of materials comparable to those used in the original
construction and shall be designed in a manner conforming with the original architectural
design and general appearance.
Other Area Improvements. The applicants will add a 6 foot white vinyl privacy fence
surrounding the outdoor dog area. They will also use the same fence to enclose the garbage area which
directly abuts the west side of the new building. The applicant will also fence a small "Dog Catch Area"
for a transition into the property and a small potty grass area for better maintenance of grounds and
improved dog care. They will be restriping the parking lot match there parking plan. They will also be
removing the existing secondary gravel entrance on the east side of the property.
4. Planning Commission Vote and Comment. On April 16', 2018 the Planning Commission opened a
public hearing and reviewed the application. The commission discussed the location and scope of the
business with the applicants. The Commission voted unanimously to approve the CUP and Site Plan
review with the listed conditions.
1. The operator shall maintain the annual kennel license. Failure to maintain the kennel
license shall render the Conditional Use Permit to lapse.
2. Dogs shall be supervised while outdoors at all times.
3. The parking lot shall be re -striped to improve and identify the parking stalls, per city code.
4. Evidence of parking concerns or congestion may trigger a review of the conditional use
permit by the Planning Commission and/or City Council. Additional parking may require
a Site Plan Review.
5. The secondary gravel access on Shoreline Drive shall be removed per Hennepin County.
5. Public Comment. No comments were received
6. Staff Recommendation. The council should determine if the proposed construction is consistent with
the city ordinance. If so, Staff recommends approval with the conditions outlined by the Planning
Commission.
COUNCIL ACTION REQUESTED
Make a motion to motion to adopt or amend the approval.
Exhibits
Exhibit A. Draft Resolution
Exhibit B. Proposed Plans
Exhibit C. Draft PC Minutes
Exhibit D. PC Staff Report 4.16.18
References
PC Exhibits
Exhibit A. Application
Prepared By: J. Barnhart Reviewed By: -Sb)R Approved By: -TV
AGENDA ITEM
Exhibit B. Existing & Proposed Survey and Elevation Drawing
Exhibit C. Project and Building Narrative and Parking Analysis
Exhibit D. Pro Lawn Turf Detail
Exhibit E. Property Owners List
Prepared By: J. Barnhart Reviewed By: -Sb)R Approved By: -TV
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO.
A RESOLUTION
APPROVING A VARIANCE FROM
MUNICIPAL ZONING CODE
SECTION 78-145 and 78-916
FILE NO. LA18-000035
WHEREAS, on April 9, 2018, Ryan Hasse ("Applicant"), applied for a
conditional use permit and a site plan review for the property addressed 3800 Shoreline
Drive and legally described as:
The South 233_00 feet of the East 150.00 feet of Government Lot 8, lying
Easterly of the West line of said Government Lot 8, as monumented, and Westerly
of the Plat of Townsite of Langdon Park, and that part of Lot 1, Block 9, Townsite of
Langdon Park lying West of a tine drawn at right angles to the South line of said
Section 17, from a point on said South line distant 1315.97 feet West from the South
Quarter corner of said Section 17, which lies South of the a line drawn parallel with
and 233.00 feet North of said South line of said Section 17, except the road.
(hereinafter the "Property");
WHEREAS, the Applicants have made application to the City of Orono for
a Conditional Use Permit to Orono Municipal Zoning Code Section 78-915 to allow Dog
Kennel; and
WHEREAS, the Applicants have made application to the City of Orono for
a site plan review to Orono Municipal Zoning Code Section 78-145 to allow new accessory
structure for a commercial business; and
WHEREAS, on April 16, 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 April 16, 2018, the Planning Commission recommended
approval of the variance; and
WHEREAS, on May 14, 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 conditional use permit and site plan review 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 #LA18-000035. 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 B-5 Zoning District.
3. The Property contains 0.68 acres in area and has a defined lot width of 150 feet.
4. The Property is within Tier 3 and hardcover is limited to 35% according to the
Stormwater Quality Overlay District.
5. In considering this applications for a conditional use permit and a site plan review,
the Council has considered the advice and recommendation of the Planning
Commission and the effect of the proposed application 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.
SITE PLAN ANALYSIS:
Before granting approval of the site plan review, the City Council shall determine that
the proposal:
1) Is compatible with surrounding land uses; the use is an appropriate use in
the B-5 zoning district, and the design of the building lends itself to the
proposed use.
2) Preserves existing unique and natural features of the site and minimizes
impacts to wetlands, floodplains, and shoreland areas; the site plan is
2
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO.
triggered by the change in use and new accessory structure, which does
not impact these features.
3) Creates harmonious relationship of buildings and open space with natural site
features and with existing and future buildings having a visual relationship of
the development; The coordinated building colors creates a harmonious
development.
4) Achieves a safe and efficient vehicular and pedestrian circulation system;
Vehicular and pedestrian traffic is logically separated.
5) Places no excessive demands on services and infrastructure, including local
streets; Not anticipated.
6) Conforms to the city's plans for parks, streets, and walkways; no change to
these features.
7) Conforms to the Orono Community Management Plan; the change in use
remains commercial, consistent with the Comprehensive Plan.
8) Achieves a maximum of safety and convenience of vehicular and pedestrian
movement; no conflicts anticipated.
9) Incorporates sufficient landscaping to reasonably screen undesirable features
and to enhance the image of the development; the retention of the
landscaping areas provides sufficient screening.
10)Protects abutting properties and does not create detrimental disturbances to
surrounding properties; the separation of the building and the play areas as
well as the fencing areas provides sufficient protection.
11)Conforms to all requirements of this chapter unless a variance has been
granted.
12)Incorporates efforts to conserve energy whenever practical.
CONDITIONAL USE PERMIT ANALYSIS:
The Planning Commission may recommend and the Council may grant a Conditional
Use Permit (CUP) as the use permit was applied for or in modified form. On the basis
of the application and the evidence submitted, the city must find that the proposed
use at the proposed location is or will be:
1) Consistent with the community management plan the CMP focuses on
preservation on natural resources, and preservation of residential areas
and neighborhoods. The proposed use provides a service for Orono
residents. Further, the proposed use is not regional in nature.
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO.
2) Compliant with the zoning code, including any conditions imposed on specific
uses as required by article V, division 3 of the City Code; this statement is
true.
3) Adequately served by police, fire, roads, and stormwater management; the
subject property is adequately served by these services.
4) Provided with an adequate water supply and sewage disposal system; the
subject property is adequately served by these services.
5) Not expected to generate excessive demand for public services at public cost;
this statement is true.
6) Compatible with the surrounding area as the area is used both presently and
as it is planned to be used in the future; The proposed use is compatible
with the surrounding uses of County Highway, Highway Maintenance,
open space, and commercial retain uses.
7) Consistent with the character of the surrounding area, unless a change of
character is called for in the community management plan; this statement is
true. The CMP calls for the improvement of existing commercial
structures. The proposed facelift will enhance the appearance of the
building.
8) Not expected to substantially impair the use and enjoyment of the property in
the area or have a materially adverse impact on the property values in the area
when compared to the impairment or impact of generally permitted uses; The
main, unique impact anticipated is the noise due to barking dogs, and the
elimination of pet wastes. The applicants' plans to address these issues
appear to satisfactorily mitigate the concerns.
9) Provided with screening and buffering adequate to mitigate undesirable views
and activities likely to disturb surrounding uses; the retention of the
landscaping areas provides sufficient screening.
10)Not create a nuisance which generates smoke, noise, glare, vibration, odors,
fumes, dust, electrical interference, general unsightliness, or other means;
none expected.
11)Not cause excessive non-residential traffic on residential streets, parking
needs that cause a demonstrable inconvenience to adjoining properties, traffic
congestion, or unsafe access; none expected.
12)Designed to take into account the natural, scenic, and historic features of the
area and to minimize environmental impact; not applicable.
13)AII exterior lighting shall be so directed so as not to cast glare toward or onto
the public right-of-way or neighboring residential uses or districts; lighting will
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO.
be designed to accommodate lighting requirements of the zoning code.
and
14) Not detrimental to the public health, public safety, or general welfare. This
statement is expected to be true.
A CUP may be granted subject to such conditions as the Council may prescribe.
Additionally, a CUP shall remain in effect as long as the conditions imposed by the
City Council are observed, but nothing in this section shall prevent the city from
enacting or amending official controls to change the status of conditional uses.
CONCLUSIONS, ORDER AND CONDITIONS:
Based upon one or more of the above findings, the Orono City Council hereby
grants a conditional use permit and site plan review to Orono Municipal Zoning Code
Section 78-145 and 78-916 to allow a conditional use permit for a dog kennel and a site
plan review, subject to the following conditions:
1. Council approval is based on the entire record, above Findings.
2. The approved project shall conform to the survey and plans dated April 9, 2018
submitted by the Applicants and annotated by City staff, attached to this Resolution
as Exhibit A.
3. Any amendments to the plans which are not in conformity with City codes may
require further Planning Commission and City Council review.
4. Authorities granted by this resolution run with the Property not with the Applicants,
but are permissive only and must be exercised by obtaining a building permit for
the new construction and commencing construction of said project or the business
must be open within one year of the date of Council approval, or the conditional
use permit will expire on that date (May 14, 2019).
5. Violation of or non-compliance with any of the terms and conditions of this
resolution may result in the termination of any authority granted herein.
6. The following five items are conditions for the approval for this resolution
1. The operator shall maintain the annual kennel license. Failure to maintain
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO.
the kennel license shall render the Conditional Use Permit to lapse.
2. Dogs shall be supervised while outdoors at all times.
3. The parking lot shall be re -striped to improve and identify the parking stalls,
per city code.
4. Evidence of parking concerns or congestion may trigger a review of the
conditional use permit by the Planning Commission and/or City Council.
Additional parking may require a Site Plan Review.
5. The secondary gravel access on Shoreline Drive shall be removed per
Hennepin County's request.
ADOPTED by the Orono City Council on this 14 day of May, 2018.
ATTEST:
CITY OF ORONO:
Anna Carlson, City Clerk Dennis Walsh, Mayor
C
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WELL
BITUMINOUS XE)
PARKING (H) ''-'--`'----.
/
L
`
\
l
SCALE
was prepared by my or under my direct supervision
mw�942.o \
�
/
the laws of the State of Minnesota.
1-19-18
� �
�
DATE IVINLICENSENUMBER IZ-75-T
18-018A
43.0
150.88
N 89040'29" E 154.91
I col
SHORELINE DRIVE
----- SOUTH LINE OF GOVT.
LOT 8, SEC. 17-1117-23
LEGAL DESCRIPTION (FROM WARRANTY DEED PER DOC. NO. 7525134):
The South 233.UO-feet ofthe East 15O.O0feet ofGovernment Lot 8.lying Easterly of the
West line ofsaid Government Lot 8. asrnonumented. and Westerly the Plat ufTVvvnsihe
nfLangdon Park, and that part of Lot 1'Block 8`TuvvnaiteofLangdon Park lying West ofa
line drawn atright angles tothe South line ufsaid Section 17.from a pointnnoa|d8outh
line distant 1315.87feet West from the South Quarter corner nfsaid Section 17, which lies
South ofthe 8line drawn parallel with and 233.DOfeet North ofsaid South line ofsaid Section
17, except the road.
Address =38OOShoreline Drive
Lot Area = 30.893+- S.F. Excluding Shoreline Drive R.O.W.
0 Denotes found iron marker
0 Denotes set iron marker
--94f+' Denotes existing countour line
Denotes existing spot elevation
� Denotes proposed contour
Denotes proposed spot elevation
This survey intends to show the boundaries, topography, existing building, and landscape
features thereon. |tdoes not purport toshow any other improvements orencroachments.
DESIGNED REVISION DATE DESCRIPTION |���������� �� ���� INC.~~~~=~�~~=-""�� �� °-"�~�~~=�°�="=~~�r ""�==
DRAWN 4-9-18 PROPOSED ITEMS SHOWN CONSULTING ENGINEERS, LAND SURVEYQR�
SITE PLANNERS
445N�VV|LLOVVDF�. LONG LAKE, K8N. 55358
CHECKED�� 852-473-4141
\
O s �or�-`I.OT
AO1 1.
AKN.i CTH GT0, GTRA () 952 3.
/
/
q
SCALE
was prepared by my or under my direct supervision
mw�942.o \
�
/
the laws of the State of Minnesota.
1-19-18
� �
�
DATE IVINLICENSENUMBER IZ-75-T
18-018A
�
� �
/..............
_
\ \
\
� 18o
\
43.0
150.88
N 89040'29" E 154.91
I col
SHORELINE DRIVE
----- SOUTH LINE OF GOVT.
LOT 8, SEC. 17-1117-23
LEGAL DESCRIPTION (FROM WARRANTY DEED PER DOC. NO. 7525134):
The South 233.UO-feet ofthe East 15O.O0feet ofGovernment Lot 8.lying Easterly of the
West line ofsaid Government Lot 8. asrnonumented. and Westerly the Plat ufTVvvnsihe
nfLangdon Park, and that part of Lot 1'Block 8`TuvvnaiteofLangdon Park lying West ofa
line drawn atright angles tothe South line ufsaid Section 17.from a pointnnoa|d8outh
line distant 1315.87feet West from the South Quarter corner nfsaid Section 17, which lies
South ofthe 8line drawn parallel with and 233.DOfeet North ofsaid South line ofsaid Section
17, except the road.
Address =38OOShoreline Drive
Lot Area = 30.893+- S.F. Excluding Shoreline Drive R.O.W.
0 Denotes found iron marker
0 Denotes set iron marker
--94f+' Denotes existing countour line
Denotes existing spot elevation
� Denotes proposed contour
Denotes proposed spot elevation
This survey intends to show the boundaries, topography, existing building, and landscape
features thereon. |tdoes not purport toshow any other improvements orencroachments.
DESIGNED REVISION DATE DESCRIPTION |���������� �� ���� INC.~~~~=~�~~=-""�� �� °-"�~�~~=�°�="=~~�r ""�==
DRAWN 4-9-18 PROPOSED ITEMS SHOWN CONSULTING ENGINEERS, LAND SURVEYQR�
SITE PLANNERS
445N�VV|LLOVVDF�. LONG LAKE, K8N. 55358
CHECKED�� 852-473-4141
\
O s �or�-`I.OT
AO1 1.
AKN.i CTH GT0, GTRA () 952 3.
/
/
q
SCALE
was prepared by my or under my direct supervision
I Is =20'
and that I am a duly Licensed Land Surveyor under
DATE
the laws of the State of Minnesota.
1-19-18
� �
�
DATE IVINLICENSENUMBER IZ-75-T
18-018A
�
� �
�
� WEST LINE OF LOT 1, BLOCK 9
-------------- TOWNSITE OF LANGDDN PARK
` �\
00
|
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M
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1315.97
9
SOUTH QUARTER
CORNER 17-117-23
���� ��� ���
���� ��u ����
I hereby certify that this plan, specification, or report
SCALE
was prepared by my or under my direct supervision
I Is =20'
and that I am a duly Licensed Land Surveyor under
DATE
the laws of the State of Minnesota.
1-19-18
JOB NO.
DATE IVINLICENSENUMBER IZ-75-T
18-018A
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1 � !,I , 'III , I 111 1111 11 111
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IN GOVT. LOT 8, SEC 17-117-23; AND IN LOT 1, BLOCK 9,
TOWNSITE OF LANGDON PARK
HENNEPIN COUNTY, MINNESOTA
OVERLP IN DESCRIPTION
WITH ADJOINING PROPERTY
945.2
12.0
945.9
RAMP
9162 1
N 89040'29" E 154.02
146.34
RE LL
TW
�T3 5
BW = 942y
34.1
945.9
945. 1
14.5
(C) 0�coE,
0
EXISTING
HOUSE
#3800
MAIN FLOOR
ELEVATION
= 947.1
938.7
938.7
941.3 (F�
A/C PAD
(A) (G)
EAST �LINE OF/Z
GOV'� LOT 8, ---------------
SEC, / 17-117-23
Cr
RET WALL
TW = 941.9
BW = 938.7
'LL
RET WALL
TW = 941,3
BW = 938.7
gi ;.reg
.If. I111 �'11111, 1111,115111 gi I p ig-,' iipigli'
150.88
N 89040'29" E 154.91
SHORELINE DRIVE
SOUTH LINE OF GOVT.
LOT 8, SEC. 17-117-23
The South 233.00 feet of the East 150.00 feet of Government Lot 8, lying Easterly of the
West line of said Government Lot 8, as monumented, and Westerly of the Plat of Townsite
of Langdon Park, and that part of Lot 1, Block 9, Townsite of Langdon Park lying West of a
line drawn at right angles to the South line of said Section 17, from a point on said South
line distant 1315.97 feet West from the South Quarter corner of said Section 17, which lies
South of the a line drawn parallel with and 233.00 feet North of said South line of said Section
17,
®* the road.
* : Denotes found iron marker
o Denotes set iron marker
---94e— Denotes existing countour line
946.0 Denotes existing spot elevation
DATE
DESCRIPTION
FAT
,, "No
SITE PLANNERS
445 N. WILLOW DR. LONG LAKE, MN. 55356
952-473-4141
0.20
X
M
C15
17
1315.97
W
WEST LINE OF LOT 1, BLOCK 9
TOWNSITE OF LANGDON PARK
SOUTH QUARTER
CORNER 17-117-23
im
ME
SCALE IN FEET
I hereby certify that this plan, specification, or report
was prepared by my or under my direct supervision
and that I am a duly Licensed Land Surveyor under
the laws of the State of Minnesota.
DATE 1-19 MN LICENSE NUMBER
SCALE
1 1.=20'
JOB NO.
18-018
945.9
o
zor
BITUMINOUS
PARKING
(H)
945.2
12.0
945.9
RAMP
9162 1
N 89040'29" E 154.02
146.34
RE LL
TW
�T3 5
BW = 942y
34.1
945.9
945. 1
14.5
(C) 0�coE,
0
EXISTING
HOUSE
#3800
MAIN FLOOR
ELEVATION
= 947.1
938.7
938.7
941.3 (F�
A/C PAD
(A) (G)
EAST �LINE OF/Z
GOV'� LOT 8, ---------------
SEC, / 17-117-23
Cr
RET WALL
TW = 941.9
BW = 938.7
'LL
RET WALL
TW = 941,3
BW = 938.7
gi ;.reg
.If. I111 �'11111, 1111,115111 gi I p ig-,' iipigli'
150.88
N 89040'29" E 154.91
SHORELINE DRIVE
SOUTH LINE OF GOVT.
LOT 8, SEC. 17-117-23
The South 233.00 feet of the East 150.00 feet of Government Lot 8, lying Easterly of the
West line of said Government Lot 8, as monumented, and Westerly of the Plat of Townsite
of Langdon Park, and that part of Lot 1, Block 9, Townsite of Langdon Park lying West of a
line drawn at right angles to the South line of said Section 17, from a point on said South
line distant 1315.97 feet West from the South Quarter corner of said Section 17, which lies
South of the a line drawn parallel with and 233.00 feet North of said South line of said Section
17,
®* the road.
* : Denotes found iron marker
o Denotes set iron marker
---94e— Denotes existing countour line
946.0 Denotes existing spot elevation
DATE
DESCRIPTION
FAT
,, "No
SITE PLANNERS
445 N. WILLOW DR. LONG LAKE, MN. 55356
952-473-4141
0.20
X
M
C15
17
1315.97
W
WEST LINE OF LOT 1, BLOCK 9
TOWNSITE OF LANGDON PARK
SOUTH QUARTER
CORNER 17-117-23
im
ME
SCALE IN FEET
I hereby certify that this plan, specification, or report
was prepared by my or under my direct supervision
and that I am a duly Licensed Land Surveyor under
the laws of the State of Minnesota.
DATE 1-19 MN LICENSE NUMBER
SCALE
1 1.=20'
JOB NO.
18-018
I
I
I
li
I
OVERLAP IN DESCRIPTION t
WITH ADJOINING PROPERTY t •.
VA
24.5
.17.5
U)
B
9.0 ; GATE
61,
W 945.9
w
C6, /
A
TOWNSITE OF LANGDON PARK
HENNEPIN COUNTY, MINNESOTA
42.00
I
I
PROPOSED (J)
BUILDING
946.0
PROPOSED
DUMPSTER
AREA
42.00
89040'29'° E 154.02
146.34
I
L
:CO
. CO
POTTY 7
�� '
1
1
------
GRASS �,
945 1
943.
/
945.9 X945.5 9425
18.Q
1
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w I
,
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1
RE -WALL
GATE TW - 3.5
938.7
i3 BW - 94 A,,
GATE
CATCHAREA GATE ; ��� ti
BW = 938.7
O
\,
Q
RET WALL
945.2
®
\ T9ALL 455(Fj
938.7 --------
�
TW = 941.3
24.5
.17.5
U)
B
9.0 ; GATE
61,
W 945.9
w
C6, /
A
TOWNSITE OF LANGDON PARK
HENNEPIN COUNTY, MINNESOTA
42.00
I
I
PROPOSED (J)
BUILDING
946.0
PROPOSED
DUMPSTER
AREA
42.00
89040'29'° E 154.02
146.34
I
L
:CO
. CO
POTTY 7
�� '
1
1
------
GRASS �,
945 1
943.
/
945.9 X945.5 9425
18.Q
1
\
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RET WALL
N
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�OOA
RE -WALL
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938.7
i3 BW - 94 A,,
'
PROPO'SED FENCE -----
6' HI OPAQUE VINYL
7
EAST LINE OF /
- ..../....._
COV' LOT 8, --
SEC. 17-117-23 /
I
MAI PADDOCK (RE� GRASS)
I (
I
I � I
I
i
POTTY 7
�� '
-----------'
------
GRASS �,
945 1
943.
/
945.9 X945.5 9425
18.Q
W'
i4.5
_
RET WALL
PARKING
ooG w cn
�OOA
938.7
TW = 941.9
GATE
CATCHAREA GATE ; ��� ti
BW = 938.7
O
\,
RET WALL
945.2
®
\ T9ALL 455(Fj
938.7 --------
�
TW = 941.3
34.1
BW 942.6
BW = 938.7
p
EXISTING
'941.3 (F
m
co
I�
HOUSE
m
O
ET WALL
12.0
#3800
945.9
I
/
A/C PAD
(A)
(G)
MAIN FLOOR
150.00
�\
1 ELEVATION
-
\
I
...............
.
= 947.1
946.2
�
i
LEGAL DESCRIPTION (FROM WARRANTY DEED PER DOC. NO. 7525134):
The South 233.00 feet of the East 150.00 feet of Government Lot 8, lying Easterly of the
West line of said Government Lot 8, as monumented, and Westerly of the Plat of Townsite
of Langdon Park, and that part of Lot 1, Block 9, Townsite of Langdon Park lying West of a
line drawn at right angles to the South line of said Section 17, from a point on said South
line distant 1315.97 feet West from the South Quarter corner of said Section 17, which lies
South of the a line drawn parallel with and 233.00 feet North of said South line of said Section
17, except the road.
Address = 3800 Shoreline Drive
Lot Area = 30,893+- S.F. Excluding Shoreline Drive R.O.W.
Denotes found iron marker
o Denotes set iron marker
--9494s-- : Denotes existing countour line
946.0: Denotes existing spot elevation
Denotes proposed contour
946.0 Denotes proposed spot elevation
This survey intends to show the boundaries, topography, existing building, and landscape
features thereon. It does not purport to show any other improvements or encroachments.
O\
D
N
-----------------------36.5
945.9 X945.5 9425
/
O
r
WINDOW STOOP
WELL )
1
BITUMINOUS
PARKING
YE) \ i
\
(H) ----------------------
\,
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®
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....................
BW 942.6
/
I�
--------------
......................
I
/
150.00
�\
-
...... - --- - ----- I
...............
.
�
I
943.1
943.0
150.88
1
89040'29'° E 154.91
O
O
I
SHORELINE DRIVE
--------.
SOUTH LINE OF GOVT.
I
LOT 8, SEC. 17-117-23
LEGAL DESCRIPTION (FROM WARRANTY DEED PER DOC. NO. 7525134):
The South 233.00 feet of the East 150.00 feet of Government Lot 8, lying Easterly of the
West line of said Government Lot 8, as monumented, and Westerly of the Plat of Townsite
of Langdon Park, and that part of Lot 1, Block 9, Townsite of Langdon Park lying West of a
line drawn at right angles to the South line of said Section 17, from a point on said South
line distant 1315.97 feet West from the South Quarter corner of said Section 17, which lies
South of the a line drawn parallel with and 233.00 feet North of said South line of said Section
17, except the road.
Address = 3800 Shoreline Drive
Lot Area = 30,893+- S.F. Excluding Shoreline Drive R.O.W.
Denotes found iron marker
o Denotes set iron marker
--9494s-- : Denotes existing countour line
946.0: Denotes existing spot elevation
Denotes proposed contour
946.0 Denotes proposed spot elevation
This survey intends to show the boundaries, topography, existing building, and landscape
features thereon. It does not purport to show any other improvements or encroachments.
O\
D
N
M
co l
m 17 0
1
I;
1315.97
WEST LINE OF LOT 1, BLOCK 9
TOWNSITE OF LANGDON PARK
SOUTH QUARTER
CORNER 17-117-23
DESIGNED REVISION DATE DESCRIPTION-'- INC.I hereby certify that this plan, specification, or report SCALE
was prepared by my or under my direct supervision 1°1=20'
1 4-9-18 PROPOSED ITEMS SHOWN CONSULTING ENGINEERS, LAND SURVEYORS and that I am a duly Licensed Land Surveyor under
DRAWN SITE PLANNERS the laws of the State of Minnesota. DATE
1-19-18
CHECKED
445 N. WILLOW DR. LONG LAKE, MN. 55356 � o- � JOB NO.
' ��
952-473-4141
DATE MN LICENSE NUMBER . °, 18-018A
/
/
M
co l
m 17 0
1
I;
1315.97
WEST LINE OF LOT 1, BLOCK 9
TOWNSITE OF LANGDON PARK
SOUTH QUARTER
CORNER 17-117-23
DESIGNED REVISION DATE DESCRIPTION-'- INC.I hereby certify that this plan, specification, or report SCALE
was prepared by my or under my direct supervision 1°1=20'
1 4-9-18 PROPOSED ITEMS SHOWN CONSULTING ENGINEERS, LAND SURVEYORS and that I am a duly Licensed Land Surveyor under
DRAWN SITE PLANNERS the laws of the State of Minnesota. DATE
1-19-18
CHECKED
445 N. WILLOW DR. LONG LAKE, MN. 55356 � o- � JOB NO.
' ��
952-473-4141
DATE MN LICENSE NUMBER . °, 18-018A
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FLOOR PLAN
SCALE 1/8"=1'0"
4
CROSS SECTION�3�
SCALE 1/8"=1'0" 4
I IC-INNLrilV
..... ........
EAST J45,56
tt
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T LOT
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SOUTH LME OF
City of Orono
�oNo Hardcover Calculation Worksheet
Property Address: 38 pa fHo�FLik/F Qf�vF (y,�.S.rF)
S" Ilk Prepared by: Date:
GRavBF� G � /ffo c i.rrFs, IA -,C. Date: 9 - i8
Stormwater Quality Overlay District Tier: (Circle one) Tier 1 Tier 2 ier Tier 4 Tier 5
Step 2: PROPOSED HARDCOVER
35 9. 1uoc4ro
In the following table, identify all items of proposed hardcover on the property, keyed by letter to Certificate of
Survey (survey must accompany this form). Include all existing hardcover items that are intended to remain, as
well as all proposed hardcover items that will be added. Use as many lines as necessary to accurately depict
proposed hardcover status of the property. For Tier 1 properties, identify any features by letter which are split at
the 75' setback line and calculate hardcover square footage separately for each portion.
Key Hardcover Item (Describe) Length x Width
Survey
Total
(Square Feet
(Example) (Garage) (24'x 30'
720 S.F.
A Fw G
S.F.
13 � �
19
S.F.
C
S.F.
MA .�
S.F.
E Gv
S.F.
F
75
S.F.
G A Ic oiPi4
Y
S.F.
H .t lri i1 Sl 5r 7—Y91iNG d EIk - 0 —
S.F.
1W ��
S.F.
� RZOACTP
/
S.F.
K
S.F.
L
LS.F.
S.F.
N
N
S.F.
S.F.
P
S.F.
Q
S.F.
R
S.F.
S
S.F.
T
S.F.
U
S.F.
V
S.F.
W
S.F.
X
S.F.
Y
S.F.
Z
S.F.
1 Total Proposed Hardcover
S 7 Y
S.F.
Excludable Hardcover See City Code Sec 78-1664):
S.F.
S.F.
S.F.
S.F.
S.F.
2 Total Excludable Hardcover
7 S
S.F.
3 Net Proposed Hardcover Subtract line 2 from line 1
S.F.
4 Total Lot Area 30, F 9 Y — ,t/ 0 6 t -r P
24),729jr
S.F.
Proposed Hardcover Percentage [ (3) + (4) l
„?/. PC %
Subdivision Application - January 2016 This is an information packet regarding Hardcover. Every effort has been made to
ensure the accuracy of the information contained herein, however, if any information is
not consistent with provisions of the City Code, the Code provisions will prevail.
Page 19
City of Orono
�oNo Hardcover Calculation Worksheet
s Property Address:
3800 I'NaReC"AvE
�kESHoa` Prepared by:Date:
GR orv/� F' 4 G d A rj, & C /A TFY,
Stormwater Quality Overlay District Tier: (Circle one) Tier 1 Tier 2ier Tier 4 Tier 5
359, A[tdcri60
Step 1: (STING HARDCOVER
In the following table identify all items of existing hardcover on the property, keyed by letter to Certificate of
Survey (survey must accompany this form). Use as many lines as necessary to accurately depict existing
hardcover status of the property. For Tier 1 properties, identify any features by letter which are split at the
75' setback line and calculate hardcover square footage separately for each portion.
Key to
-Survey Hardcover Item (Describe) Length x Width
Total
(Square Feet
-(Example) _(garage) 24' x 30'
720 S.F.
A0S"
2
S.F.
B
19
S.F.
G Toa R
S.F.
D iq A4 P
!
S.F.
E Odw Fit
13
S.F.
F �' 1 t /8r 2 2 f V
7S
S.F.
G Ale 0,4 ,0
S.F.
H e r4 -r DA I/F 7,Vi R Ye AIC
-7/57
S.F.
I RAVFL lWe'
J
1112
S.F.
S.F.
K
S.F.
L
LS.F.
S.F.
N
N
S.F.
S.F.
P
S.F.
Q
S.F.
R
S.F.
S
S.F.
T
TS.F.
S.F.
V
S.F.
W
S.F.
X
S.F.
Y
S.F.
Z
S.F.
1 Total EAsting Hardcover
/ 2 3
S.F.
Exctudablo Hardcover See City Code Sec 78-1684
S.F.
S.F.
S.F.
S.F.
S.F.
2 Total Excludable Hardcover
S.F.
3 Net Existing Hardcover Subtract line 2 from line 1
D
S.F.
4 Total Lot Area J-70 89 — / 1'F'
22, 72 Y
S.F.
Proposed Hardcover Percentage [(3)+(4)]
Z. 7, o 8
%
(Proposed Hardcover next page)
This is an information packet regarding Hardcover. Every effort has been made to insure the accuracy of the information contained herein;
however, if any information is not consistent with provisions of the City Code, the Code provisions will prevail.
Page 8 of 9
MINUTES OF THE
ORONO PLANNING COMMISSION
Monday, April 16, 2018
6:30 o'clock p.m.
ROLL CALL
The Orono Planning Commission met on the above-mentioned date with the following members present:
Chair John Thiesse, Commissioners Bob Erickson, Kevin Landgraver, Bruce Lemke, Dennis Libby, and
Jon Ressler. Representing Staff were Community Development Director Jeremy Barnhart, City Planners
Melanie Curtis and Laura Oakden, and Recorder Jackie Young. Council Member Wendy Dankey and
Mayor Dennis Walsh were present.
6. LA18-000035 K. RYAN HASSE, 3800 SHORELINE DRIVE, CONDITIONAL USE
PERMIT AND SITE PLAN REVIEW, 7:12 P.M. — 7:52 P.M.
Ryan Hasse, Applicant, was present.
Oakden stated the applicant is requesting a conditional use permit for a dog kennel and site plan review.
Kennels are listed as a conditional use in the B-5 district.
The applicants propose to use the existing building at 3800 Shoreline Drive for DogHaven, a dog daycare,
grooming spa, and training facility. They will offer overnight boarding on a limited basis. There will be
staff onsite anytime there are dogs being boarded overnight. A staff member will also always be present
if dogs are using the outdoor area. To the north of the site is the Hennepin County garage, to the south is
Shoreline Drive, to the west is a retail shop, and to the east is the Navarre Fire Station.
The applicants are proposing to update the existing building fagade by painting the exterior gray with
white trim and replacing the roof with a dark gray metal to match the proposed building. They are also
proposing to construct a 1,932 square foot accessory structure on the site, which will match the color
scheme of the existing building. This accessory building will be one large room with one restroom and
will be used as an indoor play area for the dogs year-round. The applicants will also add a 6 -foot white
vinyl privacy fence around the outdoor dog area with a 10 -foot setback from the property line. There is a
small "potty grass" area that will be added to the site between the two buildings.
The existing parking lot will change slightly. Currently eight parking spaces exist, with the new parking
plan showing seven parking spaces due to the placement of the accessory building, which will remove
one space from the lot. The applicant will restripe and maintain the seven proposed parking spots. The
ordinance does not anticipate the proposed use so Staff used the ratios for day nurseries, which was also
used for The Woofington. Per City Code, day nurseries require four parking spaces, plus one for each
500 square feet in excess of 1,000 square feet of floor space in the principal structure.
Following City Code, this use would require five total parking spaces. If the accessory building is added
into the calculation, eight spaces would be required. The Planning Commission should discuss the
parking on the site.
All setbacks and site coverage have been met with the proposal.
Oakden stated all uses have impacts on the surrounding area and uses within a commercial district can
expect a certain elevated level of traffic, noise, and lighting over residential use. The proposed use may
generate additional impacts over these expected impacts due to dog barking and smells sometimes
MINUTES OF THE
ORONO PLANNING COMMISSION
Monday, April 16, 2018
6:30 o'clock p.m.
associated with animals and animal boarding. The applicants are well aware of the noise concerns and
has taken multiple steps to address these through building design and operations.
A comment has been received from Hennepin County today recommending that the gravel drive onto
Shoreline Drive be removed. No other public comments have been received on the application.
Planning Staff recommends approval of the conditional use permit and site plan subject to the following
conditions:
1. The operator maintains the annual kennel license. Failure to maintain the kennel license shall
cause the Conditional Use Permit to lapse.
2. Dogs shall be supervised while outdoors at all times.
3. All MCWD requirements are met.
4. Re -strip the parking lot to improve and identify the parking stalls.
Lemke asked if there are any elevation views of the fencing.
Oakden stated the applicant is proposing a 6 -foot white vinyl fencing and that they have not submitted
any samples.
Lemke asked if there is a floor plan for the building.
Oakden noted there will be one bathroom in the accessory building, which will be used for a year-round
play area and will be largely open. Also within the building will be some indoor kennels and offices.
Lemke asked if the applicants are proposing overnight kenneling.
Oakden indicated they are proposing limited overnight kenneling.
Thiesse asked how many animals are being proposed.
Oakden indicated the applicant will need to address that. The license granted would be a kennel license
and it would have to be renewed annually.
Libby asked if there is any information from Hennepin County as to why they propose the elimination of
the other drive.
Oakden stated if there is an unused driveway access off a county road, they will ask that it be removed.
Libby commented he would be interested in hearing information about soundproofing from the applicant.
MINUTES OF THE
ORONO PLANNING COMMISSION
Monday, April 16, 2018
6:30 o'clock p.m.
Ryan Hasse, Applicant, stated they worked closely with City Staff to ensure their plan met all of the
ordinances and requirements associated for the B5 zoning district. Hasse stated they do expect this
business to operate close to what the district allows for with some exceptions.
With regard to sound, to the north of the property is the Hennepin County maintenance facility, which is a
considerable distance from this property. To the east is the fire department with a number of trees in
between the two properties. Hasse stated they will not allow the dogs to just sit there outside and bark. In
addition, the street is to the south and the Hope Chest is the closet neighbor and is to the west. Hasse
indicated they took all that into consideration when designing their proposal.
Hasse stated the accessory building would be a square building and that they have worked with the
planners to meet the ordinances and codes to ensure it would be in compliance and to build an appealing
structure. Hasse noted a dog park was opened in Orono not too long ago and is very popular and that they
are creating a beautiful space for dogs to be indoors during the winter and outdoors during the summer.
Nicole Speck, Orono, noted The Woofington is for small dogs only and that there is a need for a large dog
space in Orono. As part of this proposal the dogs will be fenced in and will be supervised. Speck stated
their clients bring their dogs to them so the dogs can learn to be well behaved and that they want to
provide that service in a way that is productive for everyone. Speck stated they are open to feedback from
the neighbors, noting that the dogs will not be permitted to bark constantly. If there are dogs that are not
able to be helped, they will be let go.
Speck indicated she has worked in the dog industry for 20 years and that the goal is to create great canine
assistance for the community. Speck stated in her view the way they have structured it achieves that goal.
Hasse stated because the ordinance does not necessarily contemplate this type of use as it relates to
parking, theoretically by ordinance they will exceed the parking requirements for the proposed business
use. The second building will just be used for dogs and one staff member. Hasse indicated people will
drive in at the front, drop off their animal, and leave. Hasse stated in their view the parking is adequate,
but that they do have a 35 percent hardcover limit so they have the ability to add parking if necessary.
As it relates to the second driveway, Hasse stated that is an old, unmaintained driveway that they would
be happy to remove since they do not plan on using it.
Speck commented their kennel is unique and that they will not be kenneling dogs in the traditional sense.
The facility will be a cage -free boarding facility and the dogs will be treated like they are in their own
home. Speck noted they will only be kenneling a very small percentage of dogs by reservation only and
those dogs will be with a staff member.
Hasse stated offering boarding to their existing daycare clientele is the goal and that this will not be the
traditional boarding kennel where people can just bring their dog in. Hasse indicated they will be catering
to a higher clientele so their dogs can have an at-home experience.
Thiesse asked on average how many dogs there will be at the facility.
Hasse stated the smaller structure will handle 15 dogs at capacity but that it is not likely all those dogs
will be there at the same time. The bigger structure will have around 35 to 40 animals at capacity. Hasse
MINUTES OF THE
ORONO PLANNING COMMISSION
Monday, April 16, 2018
6:30 o'clock p.m.
stated in the summertime there might be a greater capacity by using the outdoor area but that they are
looking to create a quality experience for the dogs.
Speck stated they are primarily a daycare for the dogs during the day and that nighttime boarding of dogs
will be very limited. The overnight capacity will probably be ten dogs. The business will primarily be a
Monday through Saturday daycare and that they will only be taking the best of the dogs to be kenneled
overnight. Speck indicated there will not be high volume on the weekends.
Thiesse asked how many dogs there would be per staff person.
Speck indicated they are looking at 1 to 15 or 1 to 12.
Hasse stated that is considerably better than industry average, which is 1 to 30 is acceptable.
Lemke asked what the hours will be.
Hasse indicated it will be 7:00 to 7:00 Monday through Friday and 7:00 to 2:00 on Saturday.
Libby stated given the amount of thought put into sound mitigation, he is less worried about that aspect.
Ressler stated if you look at the neighbors, there is County Road 15, the maintenance facility, and that he
could probably argue that the neighbors are going to generate more noise than this facility. Ressler stated
the concern is at night or when those businesses are not open. Ressler asked if the dogs will be outside at
night.
Speck stated the dogs will be let outside once in a while for a potty break but that it will be brief and there
will be no play time. Speck indicated those dogs will be confined to the potty pen and will not be running
around the yard.
Ressler asked if The Woofington also has an outside play area.
Oakden indicated they do.
Ressler asked if the City has received any complaints regarding The Woofington.
Oakden stated they have not.
Thiesse noted urination will permeate in the warmer months and asked what their plan is to address that.
Hasse pointed out the primary area where the dogs will be trained and the potty area. That area will be
maintained to a high degree and that potty grass that will be utilized is an industry specific product and is
a 100 percent permeable product. Hasse indicated the dog waste will be shoveled and then the solid
waste will be gathered essentially as soon as it happens, put in a bag and sealed, put in another bag and
sealed and then put in a cart that is then hauled away with the trash.
MINUTES OF THE
ORONO PLANNING COMMISSION
Monday, April 16, 2018
6:30 o'clock p.m.
Speck stated the dogs will be put in a potty area that is not the yard before they are brought indoors and
that they want to confine the waste to one area as much as possible.
Landgraver stated he does not completely understand the business model and that when he hears 55
maximum dogs, he is not sure what the staging or the sequencing of dogs being dropped off will be.
Hasse stated Nicole has a good understanding of the traffic patterns and that the idea is to have the
employees park in the back and the customers in the front. The goal is to have a quick exchange that will
take about two to three minutes, which is what the customers also want. Hasse indicated they can process
a lot of drop-offs at the same time. Hasse stated the other element is that all those dogs will not
necessarily come in at the same time and that some dogs will be there half time and some dogs are
brought to be groomed. Hasse stated in his opinion there will never be 55 dogs there at one time based on
their experience but that they would be willing to add more parking if deemed necessary.
Speck noted there is no primary drop-off and pickup time, and that based on her experience, the proposed
parking is very reasonable. Speck stated the clients will be in and out in a short period of time.
Ressler asked if the City has any guidelines as it relates to kennels.
Oakden stated as it relates to the conditional use permit, it does not specify a number of dogs and the City
does not have any numbers outlined as far as commercial kennels and dogs.
Libby asked if there is a way for the dogs to enter into the other part of the yard or get loose. Libby noted
Orono has a leashing law that is enforceable and that he does not want any loose dogs running around.
Hasse noted they have elected for a 10 -foot setback on the fence and a 6 -foot high vinyl fence. The fence
will be 100 percent opaque and the dogs will not be able to see through it. Hasse stated they do not want
the dogs to get out because it hurts their reputation and that the fence is designed to be dog -proof. In
addition, any area where the dogs will be outside will be fenced.
Landgraver asked if there will be a person on site at night.
Speck indicated there will be a staff member there at all times.
Thiesse asked if anyone would be living in the house.
Hasse indicated there will not be.
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 asked if a kennel license is revocable.
MINUTES OF THE
ORONO PLANNING COMMISSION
Monday, April 16, 2018
6:30 o'clock p.m.
Oakden stated the City Clerk manages all the licenses, but since this will be a conditional use permit,
conditions can be set to be reviewed. Oakden stated to her knowledge there are some standards to revoke
a kennel license.
Lemke stated he is concerned about the amount of parking but noted the applicants are amenable to
increasing it.
Oakden suggested the Planning Commission request proof of parking, and if complaints are received, the
applicants could perhaps add parking in the future.
Landgraver asked what parking was required for The Woofington.
Oakden stated it was four spaces and then one space for every 500 square feet in excess of 1,000 square
feet of building, which is what the Code reads. Oakden noted the parking has actually been made stricter
since The Woofington was approved.
Thiesse asked if they only require one more parking space.
Oakden indicated that is correct, and if the main building is only counted, they would be required to have
five. If the accessory building is included, they would require seven, which leaves them one short.
Libby stated he is less concerned about the parking. Libby noted this is conjecture, but that they might be
talking about 100 trips a day in and out, with a lot of it going out onto County Road 15, which leads into
Navarre. Libby stated the Navarre area has some traffic management problems.
Thiesse agreed that there are issues with traffic.
Landgraver noted this is zoned for commercial and that he does not know how to evaluate the parking.
Landgraver stated it looks like there is ample space to add parking if necessary.
Thiesse stated it would be in the applicants' best interests to have sufficient parking for their clients.
Erickson commented the closure of the second driveway is a plus.
Thiesse asked if the restriping of the parking lot is a request.
Oakden stated it would be in their best interests to do so, and if it is removed, the area would be restored
to grass.
Thiesse asked if the Watershed requirements are being met.
Oakden stated Staff has been in discussions with the Watershed District and that Staff will incorporate
any written comments received from the MCWD, but during the discussions no red flags were raised.
Landgraver recommended the applicants put together a statement outlining the business hours and staff
level for the City Council.
MINUTES OF THE
ORONO PLANNING COMMISSION
Monday, April 16, 2018
6:30 o'clock p.m.
Lemke moved, Libby seconded, to recommend approval of Application No. LA18-000035, Ryan
Hasse, Nicole Speck, and Gary Johnson, 3800 Shoreline Drive, granting of a conditional use permit
and site plan review, subject to Staff recommendations. VOTE: Ayes 6, Nays 0.
Date Application Received: March 21, 2018
Date Application Considered as Complete: April 9, 2018
60 -Day Review Period Expires: June 8, 2018
To: Chair Thiesse and Planning Commission Members
Dustin Rief, City Administrator
From: Laura Oakden, Planner
Date: April 16, 2018
Subject: LA18-000035, Ryan Hasse, Nicole Speck and Gary Johnson 3800 Shoreline Drive,
Conditional Use Permit and Site Plan Review, Public Hearing
Application Summary: The applicant is requesting a Conditional Use Permit for a dog kennel
in the B-5 limited neighborhood district and a Site Plan Review to add a new accessory building.
Staff Recommendation: Planning Department Staff recommends approval of the Conditional
Use Permit and Site Plan Review for "DogHaven", subject to the following conditions:
1. The operator maintains the annual kennel license. Failure to maintain the kennel
license shall render the Conditional Use Permit to lapse.
2. Dogs shall be supervised while outdoors at all times.
3. All MCWD requirements are met.
4. Re -strip the parking lot to improve and identify the parking stalls, per city code.
Background
Per the City Code (92-161) definition of Commercial kennel means any place or premises where
three or more dogs over six months of age are kept or housed at any one time for commercial
purposes, including sale, boarding, breeding, grooming, training or medical care. Kennel is listed as
a Condition Uses in the B-5 district.
Proposal
Use. The applicants propose to use the existing building (1244 sq.ft.) for "DogHaven", a dog
daycare, grooming spa, and training facility. The will offer overnight boarding on a limited basis.
They will have staff on-site anytime there are dogs being boarded overnight. A staff member
will also always be present if dogs are using the outdoor area.
Site Plan
Zoning
Use
North
LR -1C
Hennepin County Garage
South
LR -1C
Shoreline Drive
East
LR -1C-1
Navarre Fire Station
West
B-5 Commercial
Hope Chest- Retail
Site Plan
LA18-000035
April 16, 2018
Page 2 of 6
Buildings. The applicants are proposing to update the existing building fagade by painting the
exterior grey with white trim and replacing the roof with a dark gray metal to match the
proposed building. They are also proposing to construct a 1,932 sq ft accessory structure (42' x
46'). This proposed building will match the color scheme of the main house with grey horizontal
siding, white trim, dark grey roof. The applicants will also add stone fagade on the lower portion
of the building and glass windows to cover the street side of the building. Elevations drawing
are included as Exhibit B. This accessory building will be open interior with one restroom. This
will be used as an indoor play area for the dogs year round. They will also add a 6 foot white
vinyl privacy fence surrounding the outdoor dog area. They will also use the same fence to
enclose the garbage area which directly abuts the west side of the new building. The applicant
will also fence a small "Dog Catch Area" for a transition into the property and a small potty grass
area for better maintenance of grounds and improved dog care. Exhibit C is a narrative of the
project which includes plans to address noise and waste.
Landscaping: The applicants are proposing the place a 6 foot white vinyl privacy fence along the
north and east side the property with a 10 foot setback from the property line. The applicant
has stated the setback will allow them access and maintain the fence from both sides. They are
not proposing to place the fence forward of the principle building.
Sec. 78-766. - Area, height, lot width, setback requirements and design requirements.
(f) Fencing. Wherever a B-5 limited neighborhood business district abuts an R district,
along the side or rear lot line, a fence or compact evergreen hedge no less than 50
percent opaque nor less than six feet in height shall be erected along the abutting lines
except within the required front yard.
There is a small "potty grass" area that will be added to the site between the two buildings.
Exhibit D was provided by the applicant for further detail.
Parking: The existing parking lot will change slightly. The existing lot contains 8 parking spaces.
The new parking plan shows 7 parking spaces due to the placement of the accessory building
which will remove one space from the lot. The applicant will restripe and maintain the 7
proposed parking spots. The ordinance does not anticipate the proposed use in its parking
ratios, though the code prescribes for the most similar use, Day nurseries, which was also used
for The Woofington which is a similar use. The applicant provide a Parking Analysis as Exhibit C.
Per city Code 78-1516: Day nurseries, four, plus one for each 500 square feet in excess of
1,000 square feet of floor space in the principal structure.
The Principle building is 1244sq.ft. Following the city code this would require 5 total parking
spaces. The accessory building is 1932 sq.ft. If total building area is used to calculate parking
requirements, (total of 3,176sq.ft) 8 spaces would be required.
The Planning Commission should discuss the interpretation of the parking regulations as they
pertain to this business and discuss if the accessory building area should be included as part of the
interpretation of the code. Should the applicants provide proof of parking for potential future
congestion with the site?
LA18-000035
April 16, 2018
Page 3 of 6
LOT ANALYSIS WORKSHEET
Section 78-766 - Setbacks:
DISTRICT B-5
Required
Existing Princpal
Building
Proposed Building
(New Accessory Building)
Front
35'
75'
151.5
Rear
35'
83'
35.5
Side -West
15'
46'
24.5
Side East
35' (abuts R District)
60'
87.5
Section 78-766 - Lot Area/Width:
DISTRICT B-5 Lot Area Lot Width
Required 20,000 s.f. (0.459 acres) 100'
Actual 29,724 s.f. (0.68 acre) 150'
Section 78-1403- Structural Coveraee:
Total Lot Area
Total Structural Coverage
29,724 s.f. (0.68 acre)
Allowed: 5,944.8 s.f. (20%)
Proposed: 3,176 s.f. (10.6 %)
Section 78-1680 and 78-1700 -Hardcover Calculations:
Stormwater
Total Area in
Allowed
Existing
Proposed
Overlay District
Zone
Hardcover
Hardcover
Hardcover
Tier
10,403.4 s.f.
8,048 s.f.
9,499 s.f.
Tier 3
29,724 s.f.
(35 %)
(27.08%)
(31.96%)
Applicable Regulation:
Section 78-766 Design requirements
(g) Building design and construction. In addition to other restrictions of this chapter, the
use, construction, alteration or enlargements to any building or structure within the district
shall meet the following standards:
(1) All exterior wall finishes on any building shall be:
a. Face brick;
b. Natural stone;
c. Specially designed precast concrete units if the surfaces have been
integrally treated with an applied decorative material or texture;
d. Factory fabricated and finished metal framed panel construction, if the
panel materials are of any of those noted in subsections (g)(1)a—c of this
section, or glass; or
e. Other materials as may be approved by the council.
Combinations of such materials shall be permitted.
LA18-000035
April 16, 2018
Page 4 of 6
(2) All subsequent additions and outbuildings constructed after the erection of an
original building shall be constructed of materials comparable to those used in the
original construction and shall be designed in a manner conforming with the
original architectural design and general appearance.
The Planning Commission should discuss whether the proposed outbuilding meets the
requirements of the Zoning Code.
Applicable Regulation: Site Plan Review (Section 78-145)
Before granting approval of the site plan review, the City Council shall determine that the
proposal:
1) Is compatible with surrounding land uses; the use is an appropriate use in the B-5
zoning district, and the design of the building lends itself to the proposed use.
2) Preserves existing unique and natural features of the site and minimizes impacts to
wetlands, floodplains, and shoreland areas; the site plan is triggered by the change
in use and new accessory structure, which does not impact these features.
3) Creates harmonious relationship of buildings and open space with natural site
features and with existing and future buildings having a visual relationship of the
development; the site plan is triggered by the change in use and new accessory
building. The Planning Commission should discuss whether the proposed accessory
structure is cohesive with the existing principal structure.
4) Achieves a safe and efficient vehicular and pedestrian circulation system; Vehicular
and pedestrian traffic is logically separated.
5) Places no excessive demands on services and infrastructure, including local streets;
Not anticipated.
6) Conforms to the city's plans for parks, streets, and walkways; no change to these
features.
7) Conforms to the Orono Community Management Plan; the CMP focuses on
preservation on natural resources, and preservation of residential areas and
neighborhoods. The proposed use is not regional in nature. The CMP does not
reach to the level of zoning districts, only general commercial uses.
8) Achieves a maximum of safety and convenience of vehicular and pedestrian
movement; no conflicts anticipated.
9) Incorporates sufficient landscaping to reasonably screen undesirable features and to
enhance the image of the development; the retention of the landscaping areas
provides sufficient screening.
10) Protects abutting properties and does not create detrimental disturbances to
surrounding properties; the separation of the building and the play areas as well as
the fencing areas provides sufficient protection.
11) Conforms to all requirements of this chapter unless a variance has been granted.
12) Incorporates efforts to conserve energy whenever practical.
Applicable Regulation: Conditional Use Permit (Section 78-916)
The Planning Commission may recommend and the Council may grant a Conditional Use
Permit (CUP) as the use permit was applied for or in modified form. On the basis of the
LA18-000035
April 16, 2018
Page 5 of 6
application and the evidence submitted, the city must find that the proposed use at the
proposed location is or will be:
1) Consistent with the community management plan the CMP focuses on preservation
on natural resources, and preservation of residential areas and neighborhoods. The
proposed use provides a service for Orono residents. Further, the proposed use is
not regional in nature.
2) Compliant with the zoning code, including any conditions imposed on specific uses as
required by article V, division 3 of the City Code; this statement is true.
3) Adequately served by police, fire, roads, and stormwater management; the subject
property is adequately served by these services.
4) Provided with an adequate water supply and sewage disposal system; the subject
property is adequately served by these services.
5) Not expected to generate excessive demand for public services at public cost; this
statement is true.
6) Compatible with the surrounding area as the area is used both presently and as it is
planned to be used in the future; The Planning Commission should discuss; it
appears to be consistent with the commercial nature of the area.
7) Consistent with the character of the surrounding area, unless a change of character
is called for in the community management plan; this statement is true. The CMP
calls for the improvement of existing commercial structures. The proposed facelift
will enhance the appearance of the building.
8) Not expected to substantially impair the use and enjoyment of the property in the
area or have a materially adverse impact on the property values in the area when
compared to the impairment or impact of generally permitted uses; The main,
unique impact anticipated is the noise due to barking dogs, and the elimination of
pet wastes. The applicants' plans to address these issues appear to satisfactorily
mitigate the concerns. The Planning Commission should discuss these impacts and
the proposed solutions.
9) Provided with screening and buffering adequate to mitigate undesirable views and
activities likely to disturb surrounding uses; the retention of the landscaping areas
provides sufficient screening.
10) Not create a nuisance which generates smoke, noise, glare, vibration, odors, fumes,
dust, electrical interference, general unsightliness, or other means; none expected.
11) Not cause excessive non-residential traffic on residential streets, parking needs that
cause a demonstrable inconvenience to adjoining properties, traffic congestion, or
unsafe access; none expected.
12) Designed to take into account the natural, scenic, and historic features of the area
and to minimize environmental impact; not applicable.
13) All exterior lighting shall be so directed so as not to cast glare toward or onto the
public right-of-way or neighboring residential uses or districts; lighting will be
designed to accommodate lighting requirements of the zoning code. and
14) Not detrimental to the public health, public safety, or general welfare. This
statement is expected to be true.
A CUP may be granted subject to such conditions as the Council may prescribe. Additionally,
a CUP shall remain in effect as long as the conditions imposed by the City Council are
observed, but nothing in this section shall prevent the city from enacting or amending official
controls to change the status of conditional uses.
LA18-000035
April 16, 2018
Page 6 of 6
Conditional Use Permit and Site Plan Analysis
All uses have impacts, and uses within a commercial district can expect a certain elevated level of
traffic, noise, and lighting over residential uses. This proposed use may generate additional
impacts over these 'normal' impacts with dog barking, and smells sometimes associated with
animals and animal boarding. The applicants are well aware of the noise concerns, and has taken
multiple steps to address these through building design and operations. The applicant should
describe the sound mitigation strategies so the Planning Commission understands the proposal.
The site will be improved by building a new accessory structure for year round indoor play for the
animals and privacy fencing surrounding and enclosing the property. Waste will be picked up and
disposed of in the garbage. Liquid waste will filter through to the ground. The trash enclosure,
proposed at the north corner of the building, may need to be relocated to accommodate clearer
traffic movement. The trash enclosure will be screened with white privacy fence. The applicants
are proposing to eliminate one existing stall so the site will have a total of 7 stripped stalls. The
Planning Commission should discuss how the parking applies to the site.
Public Comments
To date, no public comments have been received.
Issues for Consideration
1. The Planning Commission should discussion the Parking Analysis and determine if more
parking stalls should be required as proof of parking for future use. A potential condition
to be added could be: A re -review of the Conditional Use Permit can be done at any time
if the city receives complains about parking on the site. Additional parking may be
required to be installed)
2. Does the Planning Commission find the proposed use addresses the standards for
Conditional Use Permit and Site Plan approval, and thus are appropriate uses on the
property?
3. Does the Commission find it necessary to impose conditions in order to mitigate the
impacts created by the granting of the requested conditional use permit?
Planning Commission options for consideration
Planning Department Staff recommends approval of the Conditional Use Permit and Site Plan
Review for "DogHaven", subject to the following conditions:
1. The operator maintains the annual kennel license. Failure to maintain the kennel license
shall render the Conditional Use Permit to lapse.
2. Dogs shall be supervised while outdoors at all times.
3. All MCWD requirements are met.
4. Re -strip the parking lot to improve and identify the parking stalls.
List of Exhibits
Exhibit A.
Application
Exhibit B.
Existing & Proposed Survey and Elevation Drawing
Exhibit C.
Project and Building Narrative and Parking Analysis
Exhibit D.
Pro Lawn Truf Detail
Exhibit E.
Property Owners List
DogHaven at 3800 Hours of Operation, Dog Capacities, and Parking
DogHaven is primarily a daycare, grooming, and training facility for dogs. We will offer select "cage
free" overnight boarding for our regular clientele, those animals who have already been acculturated
into the daycare dog pack. Both buildings will be utilized for the daycare business. The daycare
business will take a year or so to ramp up to capacity.
The mix of dogs, the number of older, smaller, puppy -type dogs (mainly Building 1), and younger,
bigger, more energetic dogs (mainly Building 2), determines "max capacity" on any given day. Based
on the mix, we will turn away dogs when the respective capacities are reached. In both buildings, our
"dog density" is lower than industry norms, while our "employee per dog" ratio is higher (about 1
employee to 15 dogs at capacity).
There are three main points when considering the total number of dogs : First, not all of the animals will
be in the building (or room) simultaneously. Weather permitting, we will rotate dogs in and out of the
buildings to give each dog the ability to run and play outside, and rest inside. This allows us to utilize
the % acre of wonderful outside fenced -in space we propose, giving the dogs lots of space to play.
Secondly, not all of the dogs stay at DogHaven the entire day. Some dogs come and go within an hour
of their grooming appointment, while others are there a half-day (four hours or less). At capacity, we
may "cycle" 50 dogs a day through the business, but perhaps only reach a peak of 35-40 dogs at any
one given point in time. In this way, our clientele coming and going are staggered throughout the day
(which is why we believe our parking is sufficient). We will also accept reservations regarding the time
of drop off and pick up. This will enable us to intake and release dogs efficiently so as to not require the
client to be onsite for an extended time.
Third, it will take at least a year to ramp up to capacity. So, in the first 0-6 months, we may have very
few dogs as we work to establish our good reputation. This is also why we believe our parking is
sufficient. As we ramp up, we can assess our parking as we near capacity, and adjust/add if
necessary.
In short, the happiness of our clients- by ensuring the safety of the dogs- is our number 1 priority and
will not be compromised for the sake of expanding maximum capacities.
Regarding overnight boarding, we will only offer that service to our existing daycare clients. Each of
our overnight dogs will have already experienced DogHaven, as well as have already gone through our
extensive vetting/introduction/training process to assure they are a good fit. Based on the rather small
client base from which we'd be offering boarding services, it's safe to assume fewer than 10 dogs a
night on average, with peaks reaching perhaps 20. It's also possible to have no dogs on any particular
overnight.
In conclusion, we foresee a maximum capacity of between 40 and 50 dogs cycling in and out
throughout a day. We will turn away dogs as we reach capacity based on dog -type. Dogs and their
owners will cycle in and out of the property throughout the day, spreading out congestion and parking
lot usage.
Business Hours:
Our Daycare/Grooming/Training business hours: M -F 7am-7pm, Sat: 8am-2pm, Sun: By Appointment
AGENDA ITEM
Item No.: 17
Date: May 14, 2018
Item Description: 18-3997 — Rehkamp Larson, 1300 Bracketts Point Road, Amend
Approved Plan — Resolution (Revised)
Presenter: Melanie Curtis, Agenda Consent Agenda
City Planner Section:
1. Purpose. This application is regarding an amendment to a variance approved in February 2018 in
order to modify a portion of the approved roof of the home within the setback.
2. Background. An average lakeshore setback variance was granted in February for the
additions/modifications to the home. While finalizing the plans for construction the applicant
discovered they would like to make minor modifications to the roof over a portion of the home
resulting in less encroachment in some areas and a slightly greater encroachment in others (peak,
etc). For a more clear/colorized visualization of the changes, please refer to Exhibit B. This
revision has not been reviewed by the Planning Commission; staff believes it to be a minor
alteration of an approved plan.
3. Public Comment. No additional comments from the public were received regarding this
application.
4. Staff Recommendation. Staff recommends approval. The Council may also refer this change to
the Planning Commission.
COUNCIL ACTION REQUESTED
Make a motion to adopt or amend the resolution with the revised plans.
Exhibits
Exhibit A. Draft Resolution
Exhibit B. Revised Plans
References
Council Packet 02/21/18
PC Packet 01/16/18
Prepared By: MOO
Reviewed By: J. Barnhart Approved By: -Sb)R
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO.
A RESOLUTION
AMENDING VARIANCES FROM
MUNICIPAL ZONING CODE
SECTION 78-1279
FILE NO. 18-3997
WHEREAS, on December 13, 2017, on behalf of the property owner, Ferndale
Properties LLC, Rehkamp Larson Architects (hereinafter the "Applicant"), applied for variances from
the City Code for the property addressed 1300 Bracketts Point Road and legally described as:
Lot 4, Rearrangement of Orono Point except that part of vacated Center Avenue as
said Center Avenue was dedicated to the public in the plat of Rearrangement of Orono
Point, lying northerly of a line drawn westerly perpendicular to the west line of said
Lot 4 from a point on said west line distant 182.29 feet northerly from the southwest
corner of said Lot 4, Hennepin County, Minnesota (hereinafter the "Property");
WHEREAS, on February 12, 2018, the Orono City Council approved Resolution
No. 6832 which granted a variance to Orono Municipal Zoning Code Section 78-1279 to allow
modification of the roof within the 75 -foot lake setback; and a variance to Orono Municipal Zoning
Code Section 78-1279 to allow modification of the roof within the average lakeshore setback.
WHEREAS, the Applicant has requested an amendment to Resolution No. 6832
to allow modifications to the previously approved plans on the roof over the 2nd story addition over
the garage within the average lakeshore setback; and
WHEREAS, on May 14, 2018, the City Council reviewed the request and the
recommendations of the City staff; and
WHEREAS, the City Council's decision was based on the following findings and
recommendations of the Planning Commission, reports by City staff, comments by the Applicants
and the public, and the effect of the proposed variances on the health, safety and welfare of the
community as well as the impact on properties in the vicinity.
NOW, THEREFORE, BE IT RESOLVED that the City Council of Orono, Minnesota
hereby amends Resolution No. 6832 and grants variances from Orono Municipal Zoning Code
Section 78-1279 to allow modification of the roof within the 75 -foot lake setback; and a variance
to Orono Municipal Zoning Code Section 78-1279 to allow modification of the roof within the
average lakeshore setback.
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO.
FINDINGS OF FACT:
1. This application was reviewed as Zoning File #18-3997. The analysis contained within
staff memos and the exhibits attached to the aforesaid memos, all minutes from the above
mentioned meetings, and any and all other materials distributed at these meetings are
hereby incorporated by reference.
2. The Property is located in the LR -1A One Family Lakeshore Residential Zoning District.
3. The Property contains 3.0 acres in area and has a defined lot width of 320 feet.
4. The Property is within Tier 1 and hardcover is limited to 25% according to the Stormwater
Quality Overlay District.
5. Applicant has applied for the following variances:
a. Lake Setback Variance
b. Average Lakeshore Setback Variance
6. In considering this application for variances, the Council has considered the advice and
recommendation of the Planning Commission and the effect of the proposed variances
upon the health, safety and welfare of the community, existing and anticipated traffic
conditions, light and air, danger of fire, risk to the public safety, and the effect on values
of property in the surrounding area.
ANALYSIS:
"Variances shall only be permitted when they are in harmony with the general purposes
and intent of the ordinance .... The requested average lakeshore setback variance is in
harmony with the Ordinance as the most adjacent neighbors are situated so that their lake
views will not be impacted by the changes to the existing home. The additional mass of
the roof areas within the 75 -foot lake setback will not be closer to the lake than existing
and will not negatively impact the views into the Property from the lake. This criterion is
met.
2. "Variances shall only be permitted ... when the variances are consistent with the
comprehensive plan." The variances resulting in a permit for construction of
modifications to the residence, without footprint expansions, within the setbacks in a
residential zone are consistent with the Comprehensive Plan. This criterion is met.
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO.
3. "Variances may be granted when the applicant for the variance establishes that there are
practical difficulties in complying with the zoning ordinance. `Practical difficulties,' as used in
connection with the granting of a variance, means that:
a. The property owner in question proposes to use the property in a reasonable manner,
however, the proposed use is not permitted by the official controls.
The request to permit modification of the roof lakeward of the average lakeshore
setback and within the 75 -foot lake setback appear to be reasonable as the owners
of the adjacent properties previously stated no objection to the plans; the mature
vegetation, topography, and home orientation separate the Property from the
adjacent neighbors. This criterion is met.
b. The plight of the landowner is due to circumstances unique to his property not created
by the landowner.
Based on the curvature of the shoreline, the Property, and therefore the subject
home, extends further into the lake than the neighboring properties. Also because of
the shoreline curvature, the home to the north is set back further from the lake than
the subject home resulting in the severe average lakeshore setback applied to the
Property. This criterion is met
c. The variance, if granted, will not alter the essential character of the locality. "
The requested variances will not result in the subject home being out of character
with the neighborhood; will not expand the footprint of the home; or result in
additional encroachment into the setbacks toward the lake. This criterion is met.
4. "Economic considerations alone do not constitute practical difficulties." Economic
considerations have not been a factor in the variance approval determination.
5. "Practical difficulties also include but are not limited to inadequate access to direct sunlight
for solar energy systems. Variances shall be granted for earth -sheltered construction as
defined in Minn. Stat. § 216C.06, subd. 2, when in harmony with Orono City Code Chapter
78." This condition is not applicable.
6. "The board or the council may not permit as a variance any use that is not permitted under
Orono City Code Chapter 78 for property in the zone where the affected person's land is
located." This condition is not applicable, as the use for improvements to a residential
structure is an allowed use in the LR -1A Zoning District.
7. "The board or council may permit as a variance the temporary use of a one -family dwelling
as a two-family dwelling." This condition is not applicable.
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO.
8. "The special conditions applying to the structure or land in question are peculiar to such
property or immediately adjoining property." The extreme curve of the shoreline results in
the average lakeshore setback line encumbering the Property. The proximity of the
existing home to the lake is an existing condition setback of the subject home and is
generally not in character with the immediate neighborhood. This criterion is met.
9. "The conditions do not apply generally to other land or structures in the district in which the
land is located." The shoreline's curve results in the extreme average lakeshore setback
which encumbers the Property. The proximity of the existing home to the lake is an existing
condition; the setback of the subject home is not in character with all of the homes the
immediate neighborhood. This criterion is met.
10. "The granting of the application is necessary for the preservation and enjoyment of a
substantial property right of the applicant." Due to the location of the house and the applied
setbacks, no improvement which expand beyond the existing footprint and walls of the
existing home can be conducted without variances. This criterion is met.
11. "The granting of the proposed variance will not in any way impair health, safety, comfort or
morals, or in any other respect be contrary to the intent of this chapter." Granting the
requested variances will not adversely impact health, safety, comfort, or morals; nor will it
be contrary to the intent of the Code.
12. "The granting of such variance will not merely serve as a convenience to the applicant, but
is necessary to alleviate demonstrable difficulty." The shoreline, topography, and location
of the subject home as well as the adjacent homes create practical difficulties affecting the
Property; the variances are necessary and not merely serve as a convenience to the
owners. This criterion is met.
CONCLUSIONS, ORDER AND CONDITIONS:
The approvals for the additions and modifications to the home stated above are subject to
the following conditions:
1. Council approval is based on the entire record, above Findings.
2. The approved project shall conform to the survey dated 02/17/2017 and building plans
dated 12/13/2017, and the amended sheets dated 04/17/18, submitted by the Applicant
and annotated by City staff, attached to this Resolution as Exhibits A & B.
3. Any amendments to the plans which are not in conformity with City codes may require
further Planning Commission and City Council review.
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO.
4. Authorities granted by this resolution run with the Property not with the Applicants, but are
permissive only and must be exercised by obtaining a building permit for the new
construction and commencing construction of said project. A framing inspection must be
completed by February 12, 2019, one year from the date of Council approval of Resolution
No. 6832, or the variances will expire on that date.
5. Violation of or non-compliance with any of the terms and conditions of this resolution may
result in the termination of any authority granted herein.
ADOPTED by the Orono City Council on this 14' day of May, 2018.
ATTEST:
Anna Carlson, City Clerk
CITY OF ORONO:
Dennis Walsh, Mayor
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AGENDA ITEM
Item No.: 18
Item Description: Recognition of Sgt. Scott Boris
Date: May 14, 2018
Presenter: Correy Farniok, Agenda Section: Presentation
Police Chief
Purpose. The purpose of this agenda item is to recognize Scott Boris for his service to the City.
Prepared By: Correy Farniok
Reviewed By: -Sb)R
Approved By: -TV
AGENDA ITEM
Item No.: 19
Date: May 14, 2018
Item Description: Hennepin County Update — Commissioner Jan Callison
Presenter: Jan Callison
Agenda Section: Presentation
Purpose. Jan Callison will be presenting the Hennepin County Update.
Prepared By: AMC
Reviewed By: AMC
Approved By: -T)2
AGENDA ITEM
Item No.: 20
Item Description: Tour de Tonka — Tim Litfin
Presenter: Tim Litfin
Date: May 14, 2018
Agenda Section: Presentation
Purpose. Tim Litfin will be giving a presentation on the Tour de Tonka.
Prepared By: AMC
Reviewed By: AMC
Approved By: -T)2
42
108
241
Ee
FSOTA'S
11,954
0
[lull
22,235
Volunteer for T T
0
To
register or volunteer
go to:
www.tourdetonka.org
(952) 401-6800
1owe Im,
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06,
16 -Mile
450 Riders
Is
NMI'
30 -Mile
740 Riders
183 Riders
0 n
4?j-mne
736 Riders
A. �17
AD , , 74's, Mll
IW
57-Milew
412 Riders
sr
A -
pill
75 -Mile 100 -Mile
169 Riders 773 Riders
link
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in
Tour Jooha g �.
- - _ IN
.25 State
• 2 Cou ntr�
•
St
42 states have participated since 2006.
2017 Riders from the U.S.
�e,
Anti -Biking States in 12
Years of T T
40
2017 Top 10 Communities
Minnetonka
2 Minneapolis
Eden Prairie
4 Plymouth
5 Chanhassen
6 Excelsior
7 Maple Grove
$ St. Louis Park
9 Edina
10 iWavzata
2017 2016 up/down
#s Rank from 2016
425
327
269
216
1
-6
+3
+12
3
2
3
5
202
158
4
6
-23
-11
101
10
+11
84
7
-19
80
9
-13
78
8
-22
2017
Total these Communities brought to TdT: 1,940
2017 Top 11-20 Communities
2017 2016 up/down
#S Rank from 2016
11 Chaska
�
12 Shorewood
75
66
13
12
+10
-7
12 Deephaven
66
14
+3
+2
14 St. Paul
65
14
+9
15 Bloomington
61
16
+13
16 Eagan
58
19
0
+12
17 Victoria 46 17
17 Minnetrista 46 22
19 Woodbury
37
21
+1
19 Golden Valley
37
17
-9
2017
Total these Communities brought to
TdT:
2,497
2017 Top 21-40 Communities
#irm'"w
2017 Total 2016 Rank
34 11
29 20
21
Hopkins
22
Waconia
23
Greenwood
28
28
24
Apple Valley
27
25
25
Shako ee
23
24
25
Orono
23
26
27
Mound
22
23
28
Lakeville
19
19
28
Carver
19
35
30
Tonka Bay
18
27
31
Rochester
17
49
31
Prior Lake
17
31
33
Mendota Heights
16
14
33
Burnsville
16
33
35
Richfield
15
33
35 Delano_
35 Brooklyn Park
38 Sava a
39 Watertown
39 St. Bonifacius
Total these Communities brought to TdT:
15
32
15
35
13
28
12
42
12 81
2017 2016
2,887 3,006
2017 Tour de Tonka
Demographics
Gender Breakdown by
Age am
Tota I
0-9 years old
54
59% I
38
41%
92
10-19 years
old
200
70% I
85
30%
285
20-29 years
old
167
58% I
122
42%
289
30-39 years
old
310
61% I
195
39%
505
40-49 years
old
423
62% I
255
38%
678
50-59 years
old
652
64% I
370
36%
1022
60-69 years
old
370
76% I
119
24%
489
70-79 years
old
84
83% I
17
17%
101
80-89 years
old
2
100% I
0
0%
2
To date, Tour de
Tonka has raised
over $60,000
for the ICA.
LF
Annual Donation from TdT
Donations from Rider Registration
Same Day Donations (Ron Kamps' fishbowl)
42 pounds of food (X $1.70 per pound)
2017 TOTAL
$3,463
$4,485
$411
$71
$8,430
2018 TDT Cities
Chanhassen
Deephaven
Eden Prairie
Greenwood
Long Lake
Minnetonka
Mound
New Germany
Shorewood
Tonka Bay
Watertown
Norwood -Young America
0
Chaska
Delano
Excelsior
Independence
Mayer
Minnetrista
Navarre
Orono
Spring Park
Waconia
Wayzata
Police and Fire Departments
MN State Patrol
Carver County Sheriffs
Eden Prairie Police
Orono Police
Wayzata Fire
Wayzata Police
Victoria Fire
Maple Plain Fire
Minnetonka Police
Deephaven Police
Minnetrista Police
Plymouth Police
Delano Fire
Excelsior Fire
Long Lake Fire
Watertown Fire
South Lake Minnetonka Police
Three Rivers District Park Police
West Hennepin Public Safety
Norwood Young America Fire
16-30-
0
ajmfels"
0
36- 48-'S7- 62- 71- 100Miles
This is the first year with eight ride choices
UgMT cp U(:DD_a
100 -Mile Cutoff #1
@ 37 miles, 10:30 am
(100 -milers who do not
make it to this point by
10:30 a.m. will turn east
(left) on #10 and join the
65 & 75 -mile routes). They
will now ride 72 miles.
RS -Delano Mcdir1 1
71 & 100 -milers
Independence
RS w
100 -Mile Cutoff #2 Hazelton Watertown
@ 48 miles, 10:30 am
(100 -milers who do not
make it to this point by 62 -milers
10:30 a.m. will turn south xs
(left) on #32 and join the
62 & 71 milers
62 & 71 -mile routes). They
will now ride 84 miles. ywcod
16 -mile
30 -mile
36 -mile
48 -mile
57 -mile
62 -mile
71- mile
100 -mile
Ride Headquarters
(952)401-6800
*routes are subject to
change
Emergency –Call 911
Nee U ' er
100 -milers '
r: 1
100, 71, 62, 57 & 48 -milers
Mapl Plain RS -Orono
1z
100, 71, 62, 57 & 48 -milers
Orono LIZ ata tx
® A 48 & 57 -milers RS
I / MME r
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F®1i°trc-ri� IIh��
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RS -Mound RS-Exc. MCEC
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+ire CS
Carver Parlr 30 & 36 milers —
Res 57 -milers w` RS
RS- ictcria Chan. anhass
Waconia
�tj RS -EP
100 -milers
12,71&100 -milers
N rwo-od 100 milers
cung "`
(a'"
7erica cologne
RS-NYA
Hamburg
Plyrno th
Medici re
16 -milers
RS Ji o
riel Ice Arena
30&36 -milers
rt Prairie
RS -Chaska 'J100,71,62&57 -milers
J
Chaska
40,
Carver
c
AVil
` f �Lake Riley Park
NYA Legion Park a:a
Chanhassen Bluff Creek``'
Chaska Pioneer Park
Clear Springs Elementary
Delano Central Park
Orono Trinity Lutheran Church
Mound Bethel United Methodist Church
Minnetonka Middle School East
Minnetonka Ice Arena
Minnetonka High School
Waconia Brook Peterson Park
Watertown Trinity Lutheran Church
2018 Major Sponsors
Building Corporation
MITI NET N A
INVICTA
2018 Safety Sponsors
TWIN CITIES
ORTHOPEDICS
MEMORIAL HEALTH
I V�i iT,-TTI
-� 4 iouri°Toi
VAT,
U e n
fd,4TO hdL� news
Rder &Voilunteer Gift
Thank you Invicta!
Last year Subaru gave out sunglasses.
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AGENDA ITEM
Item No.: 21 Date: May 22, 2018
Item Description: Old Crystal Bay Road (CSAH 112-CSAH 6) Road Project
Presenter: Adam T. Edwards, P.E. Agenda Public Works Director/
Public Works Director/City Engineer Section: City Engineer's Report
1. Purpose. The purpose of this action item is to gain council approval to commence design for Old
Crystal Bay Road (OCB) between County Road 112 and County Road 6.
2. Background. For some time there have been concerns regarding the ability of OCB to handle the
traffic associated with the Orono Public School operations. In particular, OCB and those roads that feed
it suffer from heavy congestion during school drop off and pickup times. In 2010 the city conducted a
traffic and safety study which was followed that same year by a feasibility study. However the
construction project ultimately was not approved. In 2012 a 1.5 inch overlay was applied to this section
of road. In 2016 the School performed a traffic study of the internal school facilities and the road corridor
which confirmed many of the same issues the 2010 studies had identified. At the April 24, 2017 the work
session the council directed staff to look at the road condition and congestion issues. On May 22' staff
presented some options to the City Council's School Committee and received guidance to proceed with
requesting the county reconfigure the OCB-6 intersection to right in/ right out and to work toward a long
term plan for the road with construction in 2018. In July Council authorized Bolton and Menk to
complete a feasibility study of project. On November 27' the Council authorized staff to initiate initial
design work. The City and school have held several productive meetings with consulting staff from both
the city and school. Council approved the preliminary design on January 22nd, 2018.
3. Scope. The Project will consist of the reconstruction and reconfiguration of Old Crystal Bay Road
between County Road 112 and County Road 6 and well as the replacement of associated water, sewer and
storm water utilities.
4. Cost. The Engineer's Estimate for the total project cost is $ 3,192,655.50. This estimate includes
pavement, utilities, stormwater, street lights, sidewalks, Parking lot improvements, engineering and
project management.
5. Project Funding. Several funding sources are available to pay for the project including Municipal
State Aid (MSA). In addition as this is project is in partnership with the school district a portion of the
project will be funded by them.
a. Funding. The table below contains cost from the Engineers Estimate and funding source.
Funding Sourse
Engr Estimate
Estimated EOY 2018
Fund Balance
Orono School District
$ 839,367.50
NA
Municipal State Aid
$ 1,413,496.75
Requires 5yr Advance
Community Investment Fund (Street Lighting)
$ 132,600.00
$ 521,014
Stormwater
$ 386,316.25
$ 1,410,101
Sewer and Water
$ 420,875.00
$ 2,440,474
Total
$ 3,192,655.50
b. MSA Advance. The MSA portion of the project exceeds the City's current MSA account
balance. The State does allow Cities to advance up to 5 years' worth of MSA Funding. The resolution
Prepared By: 7E Reviewed By: -Sb)6Z Approved By: -T)X
requesting the advance is at Exhibit A.
c. School Funding. The Orono School District has requested that the City initially pay for the
entire project. The District will reimburse the City for their share of the project cost, currently estimated
at $839,367.50, over a period of 9 years at an interest rate of 2%. The city will provide funding for the
school portion via an inter fund loan from the utility funds. The Districts share will be finalized when
upon bid approval on May 29. The Districts share will be finalized when upon bid approval on May 29.
6. Cooperative Agreement. Since the project is a partnership between the City and the School District,
a cooperative agreement laying out responsibilities is required. A draft Agreement is at Exhibit B. Staff
intends to bring the agreement back for final approval on May 29th.
7. Timing.
Nov 27, 2017
Feasibility report presentation / Design Fee Approval
Nov -Jan
Coordination meetings with School/ preliminary design development
January 22, 2018
Authorization to complete detailed design
April 2018
Solicit Bids; Cooperative agreement approval
May 15, 2018
Tree Removal
May 29, 2018
Award
Jun -Sep 2018
Construction
COUNCIL ACTION REQUESTED:
1. Move to adopt the resolution for and advance Municipal State Aid Funds
2. Provide staff guidance on Cooperative Agreement.
Exhibits
Exhibit A. Resolution to Advance Municipal State Aid Funds
Exhibit B. Draft Cooperative Agreement.
Prepared By: Reviewed By: 5bV Approved By: 5bV
A RESOLUTION TO REQUEST AN ADVANCE ON STATE AID FUNDS FOR THE
COMPLETION OF THE OLD CRYSTAL BAY ROAD PROJECT
WHEREAS, the Municipality of Orono is planning to implement Municipal State Aid Street Project(s) in
2018 which will require State Aid funds in excess of those available in its State Aid Construction Account, and
WHEREAS, said municipality is prepared to proceed with the construction of said project(s) through the
use of an advance from the Municipal State Aid Street Fund to supplement the available funds in their State
Aid Construction Account, and
WHEREAS, the advance is based on the following determination of estimated expenditures:
Account Balance as of date 5/9/18
Less estimated disbursements:
Project # 152-109-001 (Leaf Street)
Project # 152-105-002 (Fox Street)
Project # 152-102-017 (OCB)
Bond Principle (if any)
Project Finals (overruns -if any)
Total Estimated Disbursements
$ 150,000
$ 94,600
$ 1,420,000
$ 110,000
$ 0
329,453.61
$ 1,774,600.00
Advance Amount (amount in excess of acct balance) $ 1,445,146.39
WHEREAS, repayment of the funds so advanced will be made in accordance with the provisions of
Minnesota Statutes 162.14, Subd. 6 and Minnesota Rules, Chapter 8820.1500, Subp. 10b, and
WHEREAS, the Municipality acknowledges advance funds are released on a first -come -first -serve
basis and this resolution does not guarantee the availability of funds.
NOW, THEREFORE, Be It Resolved: That the Commissioner of Transportation be and is hereby
requested to approve this advance for financing approved Municipal State Aid Street Project(s) of the
Municipality of Orono in an amount up to $2,101,586. 1 hereby authorize repayments from subsequent
accruals to the Municipal State Aid Street Construction Account of said Municipality from future year
allocations until fully repaid.
I HEREBY CERTIFY that the above is a true and correct copy of a resolution presented to and
adopted by the Municipality of Orono County of Hennepin, State of Minnesota, at a duly authorized
Municipal Council Meeting held in the Municipality of Orono, Minnesota on the 14th day of May, 2018, as
disclosed by the records of said Municipality on file and of record in the office.
Municipality of Orono
Dennis Walsh
Mayor
Anna Carlson
City Clerk
Agreement No. XXXXX
City Project No. 18-021
State Aid Project No. 152-102-017
Old Crystal Bay Road (MSAS102)
City of Orono
Orono Public School District
DR AFT
CONSTRUCTION COOPERATIVE AGREEMENT
THIS AGREEMENT, made and entered into this day of
, 20 by and between the City of Orono, a body politic and corporate
under the laws of the State of Minnesota, hereinafter referred to as the "City", and the Orono Public
School District, a body politic and corporate under the laws of the State of Minnesota, hereinafter
referred to as the "School".
WITNESSETH:
WHEREAS, the City is preparing to improve Municipal State Aid Street No. (MSAS) 102
(Old Crystal Bay Road) from County State Aid Highway No. (CSAH) 6 to CSAH 112 in the City of
Orono (City Project No. 18-021), as shown on the plan set marked exhibit "A"; and
WHEREAS, the project includes construction of new accesses, removal of select access and
alteration of school parking & traffic circulation facilities.
WHEREAS, both the road improvements and school improvements are intended to work in
concert to address congestion and safety issues associated with School drop-off and pickup traffic
throughout the corridor; and
WHEREAS, the City and the School have been negotiating to bring about the improvement of
Old Crystal Bay Road as shown on the City Engineer's plans for City Project No. 18-021 which
improvements contemplate and include grading, aggregate base, bituminous surfacing, drainage,
watermain, sanitary sewer, curb and gutter, concrete walk, bituminous trail, parking lot, lighting,
landscaping and other related improvements, and which shall hereinafter be referred to as the
"Project"; and
WHEREAS, the above described Project lies within the corporate limits of the City with
portions on School Grounds; and
WHEREAS, the City Engineer has heretofore prepared an Engineer's Estimate of quantities
and unit prices for the above described Project in the sum of $3,221,725.50. A copy of said estimate,
marked Exhibit "B", is attached hereto and by this reference made a part hereof, and
-1-
197666v1
Agreement
Old Crystal Bay Road
WHEREAS, the City and School have indicated their willingness to participate in the
construction and engineering costs of the Project as detailed herein; and
WHEREAS, the construction costs for the Project shall be comprised of state aid funds,
municipal utility funds, school district funds and local funds; and
WHEREAS, it is contemplated that said work be carried out by the parties hereto under the
provisions of Minnesota Statutes Section 471.59.
NOW THEREFORE, IT IS HEREBY AGREED:
1. Cooperation. The City and the School shall cooperate in the development and construction of the
Project. The cooperate development is pursuant to Minn. Stat. §471.59 et. SeMc . and other applicable
statutes and express and implied powers of the parties. The power and responsibilities with respect to
such joint endeavor shall be exercised by the City and School, through their City Council, School
Board and authorized designees.
2. Location. The location of the project shall be set forth in the City and on School grounds as
depicted on the attached Exhibit A.
3. Duties.
a. The City will advertise for bids for the work and construction of the Project, receive and open
bids pursuant to said advertisement and will enter into a contract with the successful bidder at the unit
prices specified in the bid of such bidder, according to law. The contract will include the plans and
specifications prepared by the City, which said plans and specifications are referenced and identified
as S.A.P. 152-102-017 and approved by the Minnesota Department of Transportation (MnDOT).
b. The City will administer the contract and inspect the construction of all the contract work
contemplated herewith. However, the School's designated representative shall have the right, as the
work progresses, to enter upon the job site to make any inspections deemed necessary and shall
cooperate with the City Engineer and staff at their request to the extent necessary, but will have no
responsibility for the supervision of the work.
c. The School agrees that the City may make changes in the plans or in the character of said
contract construction which are reasonably necessary to cause said construction to be in all things
performed and completed in a satisfactory manner. It is further agreed by the School that the City
may enter into any change orders or supplemental agreements with the City's contractor for the
performance of any additional construction or construction occasioned by any necessary,
advantageous or desirable changes in plans, within the original scope of the Project. Said changes
may result in an increase or decrease to the School's cost participation estimated herein.
-2-
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Agreement
Old Crystal Bay Road
d. The School shall have the right to review any proposed changes to the plans and specifications
as they relate to the School's cost participation prior to the work being performed. The School's
designated representative shall have the right to approve or reject any change orders or supplemental
agreements prepared by the City that affect the School's share of the construction cost.
e. The School further agrees that it will participate in the settlement of any claims from the
City's contractor that involve delays attributable to unreasonable delays in approval by the School for
plan or specification changes deemed necessary by the City Engineer or staff. The amount of
School's participation in any such claims shall be commensurate with the percentage of delay directly
attributable to the School's actions.
f. The School shall provide all necessary permanent and temporary (Construction) easements
required for the construction of the Project. Said property rights shall be granted at no cost to the
City.
4. Financial Duties
a. The School shall participate in the costs of the contracted construction work for the Project as
set forth in said Exhibit "B". The respective proportionate shares of the pro -rata pay items included
in Exhibit "B" shall remain unchanged throughout the life of this Agreement. For informational
purposes only it is estimated that the School will pay the City $671,494.00 as its share of the
construction costs. For informational purposes only it is estimated that the City of Orono will pay
$1,776,550.40 as its share of the construction costs.
b. The School also agrees to reimburse the City for the School's proportionate share of the design
and construction engineering costs for the Project. The School's share of construction engineering
costs shall be equal to no more than 25% of the total final amount of the School's share of contract
construction costs for the Project. The amount of the School's share in the contract administration
costs is estimated $167,873.50. The amount of the City's share in the contract administration costs is
estimated $444,137.10.
c. It is understood that the School's proportionate shares shown in Exhibit "B" are estimates and
that the actual School's proportionate shares of the engineering design costs and contract
administration costs will be computed using the total final amount of the School's share of the
contract construction costs for the Project. It is further understood and agreed that the final quantities
as measured by the City Engineer's designated representatives for contract pay items in which the
School is participating in the cost shall be subject to the review and approval by the School's
designated representative.
d. School agrees to repay the City for its share of the project. The City will initially pay for the
entire project with the School repaying its portion over a period of 8 years. An interest rate of 2%
shall be applied to the balance of the amount the School owes the City.
5. Maintenance Responsibilities.
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Agreement
Old Crystal Bay Road
a. It is understood and agreed that upon completion of the Project, all of the project improvements
within the School property shall be the property of the School and all maintenance, restoration, repair
or other work or services required thereafter shall be performed by the School at no expense to the
City. Further any stormwater features such as catch basins that are located in the access ways or lead
pipes attaching School catch basins to the City's stormwater system but within the City right of way
shall be the maintenance responsibility of the School. It is understood that maintenance of cross
culverts under School access points but within City right of way will be the responsibility of the
School.
b. The city shall be responsible for the maintenance of all of the project improvements within the
City right of way less those outlined in Paragraph 5a above or as described in Orono City Code.
c. It is understood by the parties hereto that the term `upon completion of the Project' as used in
this agreement shall be defined as acceptance by the City Engineer of the construction work performed
by the City's construction contractor that is to be maintained by the City and School as specified
herein. All questions of maintenance responsibilities that may arise shall be jointly resolved by the
City's Director of Public Works and the School Facilities and Safety Director.
d. The City reserves the right not to issue any permits for a period of five (5) years after
completion of the Project for any service cuts in the roadway surfacing of the city road included in
said Project for any installation of underground utilities which would be considered as new work;
service cuts shall be allowed for the maintenance and repair of any existing underground utilities.
6. Loss. Each party shall be solely responsible for any loss, damage or injury to any
person or property arising out of the implementation of the Joint Powers Agreement and
improvements thereon by any person or persons within its jurisdiction or authority; and each party
shall hold the other harmless from and defend against any claim, demand or cause of action initiated
to recover the amount of any such loss, damage or claim for which it is responsible pursuant to this
Agreement. Both parties are required to maintain municipal liability coverage in an amount equal to
or greater than the maximum liability of municipalities as set forth in Minnesota Statues, Section
466,04, subd. 1, as amended. Each party shall endorse the other party as an additional insured on its
municipal liability coverage for claims that may arise under this Agreement. The provisions of the
Municipal Tort Claims Act, Minn. Stat. Ch. 466, Minn. Stat. § 471.59, subd. la, and other applicable
laws govern liability of the parties. In the event of any claims or actions filed against either party,
nothing in this Agreement shall be construed to allow a claimant to obtain separate judgments or
separate liability caps from the individual parties.
7. Designated Representatives.
a. In order to coordinate the services of the City with the activities of the School so as to
accomplish the purposes of this Agreement, the City Engineer shall manage this Agreement on behalf
of the City and serve as liaison between the City and the Schools.
-4-
197666v1
Agreement
Old Crystal Bay Road
b. In order to coordinate the services of the School with the activities of the City and so as to
accomplish the purposes of this Agreement, the School Facilities and Safety Director or designated
representative shall manage this Agreement on behalf of the School and serve as liaison between the
School and the City.
8. Reporting. The City Engineer or designated representative will prepare weekly progress reports
for the Project as provided in the specifications. Copies of these reports will be furnished to the
School upon request.
9. Agreement scope. It is understood and agreed that the entire Agreement between the parties is
contained herein and that this Agreement supersedes all oral agreements and negotiations between the
parties relating to the subject matter hereof. All items referred to in this Agreement are incorporated
or attached and are deemed to be part of this Agreement. Any alterations, variations, modifications,
or waivers of provisions of this Agreement shall only be valid when they have been reduced to
writing as an amendment to this Agreement signed by the parties hereto.
10. Auditing.
a. Accounting Records. Each party agrees to establish and maintain accurate and complete
accounts, financial records and supporting documents relating to the receipt and expenditure of the
funding provided in accordance with this Agreement. Such accounts and records shall be kept and
maintained by each party for a minimum period of six (6) years following the expiration of this
Agreement.
b. The books, records, documents and accounting procedures and practices of each party that
are relevant to this Agreement are subject to examination by the County and the State Auditor for a
minimum of six (6) years following the expiration of this Agreement.
-5-
197666v1
Agreement
Old Crystal Bay Road
IN TESTIMONY WHEREOF, the parties hereto have caused this Agreement to be executed by their
respective duly authorized officers as of the day and year first above written.
(Seal)
CITY OF ORONO
By:
Mayor
Date:
And:
City Clerk
Date:
-6-
197666v1
Agreement
Old Crystal Bay Road
IN TESTIMONY WHEREOF, the parties hereto have caused this Agreement to be executed by their
respective duly authorized officers as of the day and year first above written.
ORONO SCHOOL DISTRICT
(Seal)
197666v1
By:
School Board Chair
Date:
s-1
Superintendent of Schools
Date:
-7-
AGENDA ITEM
Item No.: 22
Date: May 14, 2018
Item Description: LAI 8-000012 — Mark Stipakov, Outlot A, Phillips Woodland Terrace
3r1, Amend Conditions of Preliminary Plat Resolution No. 4202 — Resolution
Presenter: Melanie Curtis, Agenda Planning Department
City Planner Section: Report
1. Purpose. Consider a modification to the Final Plat requirements for Phillips Woodland Terrace,
Third Addition, approved in 1999.
2. MN§15.99 Application Deadline. The application was received on February 13, 2018; and
considered to be complete on April 9'. Therefore the 60 -Day review period expires on June 8,
2018.
3. Background/ Summary. As noted by the final plat resolution #4202, a private road meeting
City standards is required prior to the development of the vacant property at 2150 Sixth Avenue
North (the applicant's property). The applicant requests approval to allow a `hammerhead' type
turnaround, in lieu of the typical cul-de-sac. The turnaround will require the creation of an
easement. Refer to Planning Commission Exhibit B for the applicant's narrative.
Phillips Woodland Terrace 3rd Addition received final plat approval in 1999. This subdivision
added a third lot and an outlot. The addition of the third lot required the platting of a 50 foot wide
private road, but the Council did not require the platting of a cul-de-sac as was the standard at the
time, and is so currently. The Council suggested that a review of cul-de-sac requirements was
warranted; no review has been completed. The City also did not require an upgrade of the private
driveway to a width and profile of a private road at that time. These improvements, "to city
standards" was deferred until the subject lot was developed. The Council has approved
hammerheads in the past, including recently Eisinger Meadows.
4. Planning Commission Vote and Comment. On April 161, the Planning Commission held a
public hearing. Following the public hearing the Planning Commission voted 6 to 0 on a motion
to approve the request.
5. Public Comment. The two neighbors were present for the public hearing. The meeting minutes
(Exhibit C) detail their comments which were about tree removals and the size of the proposed
turnaround.
6. Staff Recommendation. Development of a private roadway which meets today's standards is
limited by the constraints of the existing 50 foot wide platted outlot, and dry buildable area on the
applicant's property. The proposed solution would meet the needs of the City and emergency
service vehicles, and still maintain the character of the small "neighborhood" without creating a
property hardship (land reduction). Given the sensitive environment and past precedence Staff
recommends approval.
COUNCIL ACTION REQUESTED
Motion to adopt or amend the approval resolution.
Exhibits
Exhibit A. Draft Resolution
Exhibit B. Proposed Plans
Prepared By: YY1GG
Reviewed By: J. Barnhart
Approved By: _Sb)X
AGENDA ITEM
Exhibit C. Draft PC Minutes
Exhibit D. PC Staff Report
References
City Council Minutes 1998/1999 Re: PWT 3rd
PC Exhibits 04/16118
Exhibit A.
Application Summary
Exhibit B.
Applicant's Request Narrative
Exhibit C.
Proposed Survey/Road Plan
Exhibit D.
Half Section Map Excerpt (original lot)
Exhibit E.
Aerial Photos
Exhibit F.
City Engineer Comments
Exhibit G.
Hennepin County ROW Permit Denial
Exhibit H.
2015 MN Fire Code Appendix D
Exhibit I.
PWT 3rd Prel Plat Resolution No. 4202
Exhibit J.
City Council Minutes 1998/1999 Re: PWT 3rd
Exhibit K.
PWT 3rd Final Plat Resolution No. 4369
Exhibit L.
Road Easement: Outlot A, PWT 3rd
Exhibit M.
Road Declaration: Outlot A, PWT 3rd
Exhibit N.
Property Owners List
Exhibit O.
Plat Map
Prepared By: YY1GG Reviewed By: J. Barnhart Approved By: -Sb)X
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO.
A RESOLUTION
AMENDING RESOLUTION NUMBERS 4202 and 4369
REGARDING THE PLAT OF PHILLIPS WOODLAND TERRACE 3RD ADDITION
FILE NO. #LA18-000012
WHEREAS, on February 13, 2018, Mark Stipakov (the "Applicant"), applied for an
amendment of the conditions relating to the private road in Resolution No. 4202 and Resolution No.
4369 regarding Phillips Woodland Terrace 3rd Addition for the following properties:
2150 Sixth Avenue North; legally described as: Lot 2, Block 1, Phillips Woodland
Terrace 31 Addition, Hennepin County, Minnesota (hereinafter the "Stipakov
Property"); and
• Outlot A, Phillips Woodland Terrace 3rd Addition, Hennepin County, Minnesota
(hereinafter the "Outlot");
WHEREAS, the Applicant has made a request to amend the conditions with
Resolution No. 4202 and 4369 requiring an upgrade of the existing private driveway, within the
Outlot, to City road standards at the time of development of the Stipakov Property; and
WHEREAS, the Applicant has requested the City accept a hammerhead
alternative to the required cul-de-sac turnaround to be located partially within the Outlot and also
within a new easement created over the Stipakov Property; and
WHEREAS, on April 16, 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 April 16, 2018, the Planning Commission recommended approval
of the amendment; and
WHEREAS, on May 14, 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 amendments to Resolution No. 4202 and 4369 as described
above based on one or more of the following findings of fact concerning the Property:
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO.
FINDINGS OF FACT:
1. This application was reviewed as Zoning File LA18-000012. 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 Stipakov Property and the Outlot are located in the RR -1 B Rural Residential Zoning
District.
3. To serve 3 or more properties, City Code requires a 50 -foot wide private road outlot with
a 100 -foot cul-de-sac "bulb" at its termination.
4. The Outlot was platted as a 50 -foot wide corridor; no cul-de-sac "bulb" was required to be
platted at the Outlot's termination.
5. The Stipakov Property contains f2 acres in area and also contains a wetland. Reducing
the size of the Stipakov Property to accommodate a cul-de-sac would result in the lot
becoming nonconforming in area.
6. The Applicant has proposed an alternative to the required cul-de-sac which conforms to
the minimum turnaround requirements of the 2015 MN Fire Code - Appendix D.
7. In considering this application to amend the conditions of Resolution Nos. 4202 and 4369
relating to the private road standards, the Council has considered the advice and
recommendation of the Planning Commission and the effect of the proposed request 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.
CONCLUSIONS, ORDER AND CONDITIONS:
Based upon one or more of the above findings, the Orono City Council hereby amends
the conditions of Resolution Nos. 4202 and 4369 relating to the City's private road standards to
allow creation of an easement within the Stipakov Property to accommodate a hammerhead
turnaround from the Outlot, subject to the following conditions:
1. Council approval is based on the entire record, above Findings.
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO.
2. The approved project shall conform to the survey dated 04/09/18 by Gronberg &
Associates submitted by the Applicant and annotated by City staff, attached to this
Resolution as Exhibit A.
3. All of the conditions of Resolution Nos. 4202 and 4369 shall remain in place.
4. Any amendments to the plans which are not in conformity with City codes may require
further Planning Commission and City Council review.
5. Violation of or non-compliance with any of the terms and conditions of this resolution may
result in the termination of any authority granted herein.
ADOPTED by the Orono City Council on this 14th day of May, 2018.
ATTEST:
CITY OF ORONO:
Anna Carlson, City Clerk
3
J
Ennis Walsh, Mayor
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I
LEGAL DESCRIPTION OF PREMISES :
Lot 2, Block -1, PHILLIPS WOODLAND TERRACE THIRD ADDITION
9 . denotes iron marker found
HENNEPIN COUNTY, MINNESOTA
908,3908,3denotes proposed spot elevation 1032' 170
denotes existing contour line, per County maps
Q '001) 00n -7n
A 1 0011 C'
930 denotes proposed contour line
Bearings shown are based upon an assumed datum.
This survey intends to show the boundaries of the above described property,
the location of all visible utilities, septic areas, as shown on SP Testing drawing
dated 6-24-98, building setbacks, trees, edge of wetlands as delineated by
Jacobson Environmental and existing contours from County maps, and the
proposed location of a proposed house, driveway and grades thereon.
It does not purport to show any other improvements or encroachments. L
14-" SPRUCE
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----S 89054' 07" W- 372.17
PROPOSED ROCK
CONSTRUCTION N 0
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12-28-17 PROPOSED HOUSE, DRIVEWAY AND GRADES I
2-22-18 PROPOSED ROAD DESIGNED, DELINEATED WETLANDS AND TREES LOCATED, SHOWN ON DRAWING
4-9-18 REVISED ROAD/DRIVEWAY
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CONSULTING ENGINEERS, LAND SURVEYORS, & SITE PLANNERS
445 NORTH WILLOW DRIVE, LONG LAKE, MN, 55356
952-473-4141
83.0,0
N /88045' 3011 W
1 Garage = 1031.0
2) Top of foundation = 5-0-3-1--01
3) Main floor =D=
4) Basement ==
I hereby certify that this plan, specification, or report
was prepared by me, or under my direct supervision,
and that I am a duly Licensed Land Surveyor under
the laws of the State of Minnesota.
Mark S. Gronberg Minnesota License Number 12755
M UJ=11.01
MINUTES OF THE
ORONO PLANNING COMMISSION
Monday, April 16, 2018
6:30 o'clock p.m.
4. LA18-000012 MARK STIPAKOV, 2150 SIXTH AVENUE NORTH, SUBDIVISION
RESOLUTION AMENDMENT, 6:44 P.M. — 6:51 P.M.
Mark Gronberg, Surveyor, was present on behalf of the Applicant.
Curtis stated the applicant is requesting approval of an amendment to the original conditions of
subdivision approval regarding the driveway and private road serving the homes located on the driveway.
The request is to allow a hammerhead type turnaround in lieu of the typical required cul-de-sac. The
turnaround will require the creation of an easement into the subject property. The impetus for the request
is the applicant's desire to develop the now vacant property, which is shown as Lot 2.
The applicant has provided a plan which creates a private road. Currently there is a private driveway
serving two homes. The applicant is proposing to increase the width of the existing driveway from 12
feet to 24 feet until it branches off to the northeast approximately 120 feet into the driveway where a
20 -foot wide hammerhead is shown to provide backup opportunity into the applicant's property. This
configuration appears to meet the dimensional requirement for a turnaround. Beyond the 24 -foot width
private road the two homes at 2140 and 2150 will be served by a private driveway. The hammerhead will
be accomplished by the creation of an easement over the applicant's property dedicated to the public,
benefitting the public and the adjacent property owners.
Staff recommends approval of the road improvement plan, including the easement as proposed on the
survey. Staff further recommends approval of the requested amendments to the subdivision resolution. A
separate private road easement should be drafted to address the hammerhead area.
Thiesse asked if the hammerhead meets the intent of the City.
Curtis stated she believes it does.
Lemke asked if there are any issues with emergency vehicles.
Curtis indicated she has discussed this with the fire chief and the applicant and that in the fire chief's view
it will comply.
Mark Gronberg stated he is available to answer any questions.
Chair Thiesse opened the public hearing at 6:46 p.m.
Bill Tyler, 2160 Sixth Avenue North, asked whether there will be any trees removed.
Gronberg indicated the 32 -inch willow tree will be removed and that they are attempting to save as many
trees as possible.
Thiesse noted the attempt to save some of the trees is the reason for the variance request.
Tyler commented that is his biggest concern and that he would like to see as few of the trees cut down as
possible.
MINUTES OF THE
ORONO PLANNING COMMISSION
Monday, April 16, 2018
6:30 o'clock p.m.
Steve Gibson, 2146 Sixth Avenue North, stated he had the same concern regarding the trees. Gibson
asked why the hammerhead needs to be so large.
Curtis stated the proposal is an attempt to comply with the requirements of a cul-de-sac and that the
hammerhead needs to accommodate emergency vehicles.
Chair Thiesse closed the public hearing at 6:50 p.m.
Landgraver and Lemke stated they do not have any concerns with the application.
Lemke moved, Ressler seconded, to recommend approval of Application No. LA18-000012, Mark
Stipakov, 2150 Sixth Avenue North, granting of an amendment to the original conditions of
subdivision approval regarding the driveway. VOTE: Ayes 6, Nays 0.
Date Application Received: 02/13/18
Date Application Considered as Complete: 04/09/18
60 -Day Review Period Expires: 06/08/18
To: Chair Thiesse and Planning Commission Members
Dustin Rief, City Administrator
From: Melanie Curtis, Planner h'1GG
Date: 16 April 2018
Subject: #LA18-000012, Mark Stipakov, 2150 Sixth Avenue N / Outlot A Phillips
Woodland Terrace 3rd
Amend Conditions of Preliminary Plat Resolution No. 4202
Public Hearing
Application Summary: The applicant is requesting approval of an amendment to the original
conditions of subdivision approval regarding the driveway.
Staff Recommendation: Planning Department Staff recommends approval.
Application Summary
The applicant, Mr. Stipakov, has described his request and proposed use for the property in a
letter dated June 12, 2017 (attached as Exhibit B). The request is to allow a 'hammerhead' type
turnaround, in lieu of the typical required cul-de-sac. The turnaround will require the creation
of an easement. The impetus for the request is the applicant's desire to develop the vacant
property.
Background
Phillips Woodland Terrace 3rd Addition ("PWT 3rd") received final plat approval in 1999. This
subdivision created 2 lots and one outlot from then Lot 1 Block 1 Phillips Woodland Terrace 2nd
Addition.
Adding the third lot, the Council required the platting of a 50 foot wide road, but did not require
a cul-de-sac as was the standard at the time, and is so currently. Council discussion at the time
included a review of the cul-de-sac requirements. No review has been completed. The City also
did not require an upgrade of the private driveway to a width and profile of a private road at
that time. These improvements, "to city standards" was deferred until the subject lot was
developed. PWT 3rd preliminary plat Resolution No. 4202 states the following:
1. The applicant shall execute covenants to define responsibility for construction and
maintenance of the driveway in Outlot A, and to define future financial obligation of the
owners of 2140 and 2160 Sixth Avenue North at such time the driveway is upgraded to
City standards to serve a third residence on Lot 2 (i.e. 2150 Sixth). [Page 3 ¶4]
2. No building permit will be issued for Lot 2 until the construction of driveway and
drainage improvements is complete. [Page 3 ¶7]
The minutes and Resolution from this meeting are attached. Although the discussion regarding
the cul-de-sac is somewhat reflected in the minutes, the translation to the resolution language is
FILE #LA18-000012
16 April 1028
Page 2 of 3
not specific enough to result in clear direction today. Staff believes the Council intended to not
require a road upgrade, however the reference to "upgraded to City standards" in the resolution
(#2 above) appears to contradict that interpretation. Regardless of intent, the wording of the
resolution governs, unless waived or amended by the City Council.
The owner of 2150 Sixth Avenue North plans to develop the property with a residence. He met
with staff a number of times regarding the deferred requirements which appear to trigger
paving a 24 foot wide private road with a cul-de-sac (as is today's road standards for three or
more lots served). Limited by the constraints of the 50 foot wide platted outlot, and dry
buildable area on his own property, he is seeking a solution which meets the needs of the City
and emergency service vehicles, and yet both maintains the character of the small
"neighborhood" and does not create a financial or property hardship (land reduction). In order
to seek an alternative solution, he requested a driveway permit from Hennepin County to access
Sixth Avenue North (CSAH 6) directly; this permit was denied (Exhibit G).
The applicant has provided a plan which creates a private road, increasing the width of the
existing driveway from ±12 feet to 24 feet until it branches off to the northeast (±125 feet from
County Road 6) where a 20 foot wide hammerhead is shown to provide backup opportunity into
the applicant's property. This configuration appears to meet the dimensional requirement for a
turnaround. Beyond the 24 foot width private road the two homes at 2140 and 2150 will be
served by a private driveway. The hammerhead will be accomplished by the creation of an
easement over the applicant's property dedicated to the public, benefitting the public and the
adjacent property owners.
Engineer Comments
The City Engineer's comments are attached as Exhibit F.
Public Comments
To date, no public comments have been received.
Issues for Consideration
1. Does the Planning Commission find that the request, if granted, will not alter the
essential character of the neighborhood?
2. Are there any other issues or concerns with this application?
Planning Staff Recommendation
Staff recommends approval of the road improvement plan, including easement creation, as
proposed on the survey by Gronberg dated 04/09/18 (Exhibit C). Staff further recommends
approval of the requested amendments to the subdivision resolution (Resol. No. 4202). A
separate private road easement should be drafted to address the hammerhead area.
List of Exhibits
Exhibit A.
Application Summary (via citizenserve)
Exhibit B.
Applicant's Request Narrative
Exhibit C.
Proposed Survey/Road Plan
Exhibit D.
Half Section Map Excerpt (original lot)
Exhibit E.
Aerial Photos
Exhibit F.
City Engineer Comments
FILE #LA18-000012
16 April 1028
Page 3 of 3
Exhibit G.
Hennepin County ROW Permit Denial
Exhibit H.
2015 MN Fire Code Appendix D
Exhibit 1.
PWT 3rd Prel Plat Resolution No. 4202
Exhibit J.
City Council Minutes 1998/1999 Re: PWT 3rd
Exhibit K.
PWT 3rd Final Plat Resolution No. 4369
Exhibit L.
Road Easement: Outlot A, PWT 3"
Exhibit M.
Road Declaration: Outlot A, PWT 3rd
Exhibit N.
Property Owners List
Exhibit O.
Plat Map
AGENDA ITEM
Item No.: 23
Date: May 14, 2018
Item Description: Rental licenses, 1440 and 1442 Shoreline
Presenter: Jeremy Barnhart, Community Agenda Planning Department
Development Director Section: Report
1. Purpose. Provide requested parking related information in response to residential rental licensing
requests at 1440 and 1442 Shoreline Drive; approve rental license for 1440 and 1442 Shoreline.
2. Background/ Summary. On April 23`d, the City Council tabled the review of the licenses for 1440
and 1442 Shoreline Drive. There was some question regarding the allocation of the parking spaces
between the residential structures and the adjacent marina based businesses, including Your Boat Club.
In 1989, a Conditional Use Permit was issued to the previous owners of the marina at 1444 Shoreline
Drive, and included use of the residential properties (1440 and 1442 Shoreline) for parking. A parking
plan, attached, was submitted at that time and notes parking for 26 cars within a rock surfaced parking
area. There is no statement or condition that notes exclusive rights to any parking space for either the
commercial or residential uses.
In 2011, Your Boat Club received a conditional use permit. That Conditional Use Permit confirmed the
number of spaces required (70 stalls), the number of spaces available, (81), and the use of the residential
lots for commercial parking outlined previously. No other commercial uses were allowed. It does not
appear that the residential uses were included in the calculation of the number of required stalls. City
Code requires 2 spaces per residential dwelling, or 4 spaces for the two rental buildings, bringing the
requirement to 74 spaces, below the amount of spaces identified in the 1989 and 2011 Conditional Use
Permits.
There is no modification to the existing Conditional Use Permit proposed; the City may not initiate an
amendment to the Conditional Use Permit, including parking requirements or counts.
The use of once vacant residential structures is not an "intensification of use" and the City is not justified
in denying a rental license unless it can find that the standards for issuance are not met. The standards,
established by the City Council found in section 26-82 (g) are:
1. The owner shall provide the city and any tenant with a twenty-four (24) hour
emergency contact that will be available to respond to complaints regarding the
condition, operation, or conduct of occupants of a rental unit at the rental property
within sixty (60) minutes.
2. The rental property must have a visible house number that can be easily seen by from
the street both day and night.
3. All advertising for the rental shall include the city issued license number.
4. The primary overnight and daytime occupant of a rental unit must be an adult
eighteen years of age or older. This adult must provide a telephone number to the
owner and shall be accessible to the owner by telephone at all times.
Prepared By: J. Barnhart Reviewed By: J. Barnhart Approved By: -T)X
AGENDA ITEM
Minimum of two off street parking spaces shall be provided. The maximum number
of vehicles allowed at a rental property shall be limited to the number of available off
street parking spaces.
6. The owner of a rental property shall provide sufficient trash collection containers and
service to meet the demands of the occupants.
The owner has agreed to comply with these standards.
3. Staff Recommendation. Because the standards are met, Staff recommends approval of the license as
requested.
COUNCIL ACTION REQUESTED
Motion to approve the residential licenses at 1440 and 1442 Shoreline Drive.
Exhibits
Exhibit A. Parking plan
Exhibit B. Resolution 2674
Exhibit C. Resolution 6037
Prepared By: J. Barnhart Reviewed By: J. Barnhart Approved By: -TV
City of ORONO
RESOLUTION OF THE CITY COUNCIL
2674
A RESOLUTION GRANTING
VARIANCES TO
MUNICIPAL ZONING CODE
SECTION 10.41, SUBDIVISION 5,
SECTION 10.41, SUBDIVISION 7 (A) 3,
SECTION 10.41, SUBDIVISION 9 (B),
SECTION 10.41, SUBDIVISION 10 (D) AND
SECTION 10.41, SUBDIVISION 10 (C)
FILE #1424
PC Exhibit E=Z,
WHEREAS, James P. Rivers of Windward Mariner Inc.,
(hereinafter "the applicant") is the owner of the property
located at 1444 Shoreline Drive within the City of Orono
(hereinafter "City") and legally described as follows:
Exhibit A, attached (hereinafter "the property"); and
. WHEREAS, on October 5, 1988, the City approved a
commeraial.site plan and multiple zoning variances for the major
upgrading �pf the commerial marina involving improvement on both
the Tanager Lake and Brown's Bay sides of the lake. The
applicant has completed the proposed .improvements on the Brown's
Bay side and has filed a revised commercial site plan and a
variance application seeking multiple variances for the
relocation and construction of the commercial building on the
Tanager Lake side that would require the following variances:
A) Section 10.41, Subdivision S - Required parking stalls.
Required = 77 stalls
Existing = 76 stalls
Proposed = 73 stalls
Variance = 4 stalls or .05%
(Parking area separated by public roadway - Tanager Lake
side = 47 stalls; Brown's Bay side = 26)
B) Section 10.41, Subdivision 7 (A) 3 —Variances sought to the
required 10' landscaping buffer adjacent to roadway.
Required 50'., -:.(maximum allowed break in landscaping
°rfor access purposes)
Proposed = 60'
Variance = 10' or 20%
Page 1 of 7
City of ORO-,N.O
RESOLUTION OF THE CITY COUNCIL
N0. 26-,4
�) Section 10 .41, Subdivision 9
required for co:aaerci al structure.
Required = 75'
Existing = 55'
Proposed = 29'
Variance = 46' or 391
(B) - Lakeshore setback
Required side yard setback for cc=-ercial structure.
Required = 10'
Existing = 14' Y - adjacent to commercial
Proposed = 5 (south side ya�..a
zone)
Variance = 5' or 50%
D) Section 10.41, Subdivision 10 (D) - Hardcover variance is
required for new construction.
Tanager Take Side:
0-75' Setback Area = 9,000 square feet
-- Allowed = 0'
Existing = 8,720 square feet or 96.8%
Proposed = 6,076 square feet or 67% (Application
x1263 - hardcover proposed at 6,376 s.f. or 70%)
75-250' Setback Area = 9,700 square feet
Allowed = 25%
Existing = 9,700 square feet or 100%
Proposed = 8,810 square feet or 90% (Application
#1263 - hardcover proposed at 9,110 s.f. or 94%)
Total reduction an Tanager 3ake tside
�� reducti n square
in hardcover
hardcover (Application #125
2,934 B.f.).
NOW, THEREFORE, BE IT RESOLVED by the City Council of
Orono, Minnesota:
FINDINGS
1. This application was reviewed as Zoning File #1424-
2. The property is located in the B-2 Lakeshore Commercial
Business District.
3. The Orono Planning Commission reviewed this application
on June 17, 1989► and recommended approval
proposedhb sed upon
sed
variances and commercial site planas
the following findings:
Page 2 of 7
M
City of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 2674
A) The total hardcover removed as a result of these
improvements will be 3,534 s.f. or 19%.
B) The removal of the two existing commercial
structures and the replacement of just one structure at
4,500 s.f. as originally approved in Application 01263
will result in a less intense commercial use of this
severely limited property.
C) The amended proposal will provide far more green
area than the original site plan approved with
Application #1263.
D) The applicant has proposed better treatment of
drainage and run-off with the amended proposal.
E) The amended proposal provides the removal of 600
s.f. of additional hardcover than was required to be
removed with original land use application #1263.
F) The property has sustained a marina use for over 25
years.
4. The City Council has considered this application
including the findings and recommendations of the Planning
Commission, reports by City staff, comments by the applicant
and the effect of the proposed variances on the healthy
safety and welfare of the community.
5. The City Council finds that the conditions existing on
this property are peculiar to it and do not apply generally
to other property in this zoning district; that granting the
variances would not adversely affect traffic conditions,
light, air nor pose a fire hazard or other danger to
neighboring property; would not merely serve as a
convenience to the applicant, but is necessary to alleviate
a demonstrable hardship or difficulty; is necessary to
preserve a substantial property right of the applicant; and
would be in keeping with the spirit and intent of the Zoning
Code and ,Comprehensive Plan of the City.
Page 3 of 7
city Of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 2574
CONCLUSIONS, ORDER AND CONDITIONS
Based upon one or more approvalhe 1of�the above rengs noted ferenced
Orono city Council hereby g
variances to permit the relocation and construction of a
commercial structure of 4,500 square feet at
the
property
oknown
as Windward Marine, Inc., and in addition, grants approval
the
commercial site pian based on plans drawn by Rutledge
Construction, job #J 8060, revised date 5/14/89, subject to the
following conditions:
1. Prior to issuing a building permit for the commercial
structure and/or issuing a demolition permit for the razing
of the existing structure, the following must be completed
by t: -.e applicant:
a} Approval by the City Engineer of final grading and
drainage plans for the relocated parking area.
+,} Applicant shall submit a Deve.laper`s Agreement
with a Letter of Credit written at 150% of the cost of
the required improvements to ensure the completion of
L
the landscaping and site improvements required by rhe
City as a result of the upgrading of this property.
2. All green -space areas to be planted or restored.per site
plan by Rutledge Construction, Inc., revised date B/3/89 -
entitled "Drainage Plan". This area includes the 5' buffer
along the north and south lot lines adjacent to the
residential and commercial properties, the former boat
launch area in the southwest corner of the property-
3.
roperty.3. Payment of two SAC units at $1,100-00
$50 . or the
er
current unit charge) with the building permit
construction of the commercial structure.
4. The 4,500 square foot commercial structure must be
provided with an automatic sprinkler system per State
Building Code, Appendix E.
5. Appropriate soil erosion control program shal l be
,
maintained through the entire project and until permanent
erosion control is in effect.
5. Applicant shall provide six "year-round" parking stalls
n; within the proposed parking area to ensure adequate customer
';=:];' parking space during winter boat storage months.
Page 4 of 7
`` Y
City of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 2674
7. The Hennepin Department of Public Works has approved the
relocation of the curb cut, subject to the following
conditions:
a) New entrance to be defined by bituminous curbing.
b) Existing entrance should be saw -cut or curbed 6-10'
from the edge strip from County Road 15.
c) New driveway to be between 28-36' wide with 20'
radii and shaped to maintain existing drainage pattern.
d) An engineer's drawing reflecting these requirements
should accompany the permit application to the County.
8. Authorities granted by this resolution run with the
property not with the applicant, but are permissive only and
must -be exercised by application for a building permit
within one year of the date of Council approval, or this
variance will expire on that date (August 14, 1990).
9. Violation of or non-compliance with any of the terms and
conditions of this variance shall constitute a violation of
the zoning code, shall automatically terminate any authority
granted herein, and shall be punishable as a misdemeanor.
10. The undersigned applicant has read, understood and
hereby agrees to the terms of this resolution and on behalf
of himself, his heirs, successors and assigns, hereby agrees
to the recording of this resolution in the chain of title of
the property.
Page 5 of 7
city of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 2574
Adaptec by
the City Council of the City of Orono,
Minnesota at a regular meeting herd on the ?4th day of August,
1989.
STATE OF MINNESOTA )
ss.
COUNTY OF HEMNEPIN )
runent was acknowledged ben
on
mie foregoinginstruore me
' l by 7a--esR. Grabek & .-orothy M.
this 14th`day Of Aug'
Hallin, Mayor & C;ty Clerk of the City of Orono, a Minnesota
oration and said instrument was execated on behalf
municipal corp
0-9 the City.
r
l
N tary Pubic
' LAURIE K. 5CHEI-ER
t4 �fOTAk1 ry6LIC - µ:hlrFsoTA
NENNEPlN cc NTY
��sicn ox;r 6.3.93
My C0=issian EXp'res
Page 6 of 7
City Of ORONO
STATE OF MINNESOTA }
ss.
COUNTY OF HENNEPIN }
RESOLUTION OF THE CITY COUNCIL
NO. 2574
On this /,q4 day of e [7,i�e-,�V— , 1982
before me a Notary Public within and for said county, personally
appeared known to me to be
the person(s) described in and who executed the foregoing
instrument, and acknowledged that he (they) executed the same as
his ( their) free act and deed.
Vtl G ig
'- �t�il3tcz ruts
FeSWAM OTA
w mow NCH
MY COMMISSION EXPIRES
STATE OF MINNESOTA )
)ss.
COUNTY OF HENNEPIN )
On thisday of , 1981, before me
Notary Pu lic within and for gaid County, personally appeared
known to me to be the
perso s) described in and who executed the foregoinginstrument,
and acknowledged that he (they) executed the same as his
(their) free act and deed.
TMEpeSA � Nt �EBGTA
W���
NO ARY PUBLIC
-qa
MY COMMISSION EXPIRES
Page 7 of 7
674
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ist ft.
:arnsiti'a 117.' Raa9r ,ine of said Edvernom t Lot f as bear^rg East and hest} a distance
That Da Lat S. t S F�� { be
.ne
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-c :rrrtnarter Wirer -ea a asir.
of 547.73 feet a Pa:•. ila-mn fi7 degr~s :a "ttrttes`Esst tp tr.e scar_ :ire of Laice�LteEeeeSzna:ng;
of 64 of beg: -+ S."ir. fi7 degrees � minutes rest to ti:e snare line df Tanaatr Laza: tsar_ :far-.rertr r..1i said sear_ Iine to a
nnina; = ens • i'tt r : ;.'tettce
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linef� awn-Raral:et +�t.'s And `r_s
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t.:ence _out^. :L degrr_s nes: aS3'.�t:.9 L.: Soutn :b cegr'---s -st a disrarer :f =.e arlai
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tai of begtansttg: trot ce sucta 67 aeq -- tri �': tt et ce ^iorra 7 aedre's y3 ;2-. as East `rom'zRs acLtai 9dmt of begtnsttart
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=auuserlY atanq tee s'tdre Fine :f !.ak. ninnrtamat z of begtaat :qi escect t'•at :s't of tae at ave aescriaea deesra:ng
_Z�° r,..g 3i'ate5 �lSr :� :.•se areal y:nE and its e]R'XtS:CetS of the at�re :aSCr:Lea :raC.
::.ante Soutn S degrees � ft•x L.0 :10 L-0estar.Y
of a :ine drawn Lar& -:fl vttn aaa 65 feet 5aut.'tea5' rlr .
Survey teerepf. r at meattelr e4r"ar ct tna A dts ince of Said ,BjaY-
t3 zee oarersttxnt - TarnsniG 177. 3ingE dasar'.bed is ' "'c'Jt ` :eartn� Ease arc cies:: a dts':ana: of 'r 54.88
~:ac Cart of Gaverwom Lot :. sectim :1. hP .Yat ~'t .ine of sa:c orarsaenc ' �;�te_ Scueseasterir alcrg
or-wwrit lot t• =•once Saucn ;C Cagle'- sir. tassrstsrg s8 at:sr_es Fest :a the sire c{ � !isUis a; gautn tC degrr-s
fr_s ::.e ac--a+i ;att:t
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b �b�7 1 deg ice Scut: 57 sects' -a b zzflo �S crest to the IF
of Tanager Lake {far>seriy
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-- l:: latersec-iCr wt a line ter:ng nut:. as deg. :re Cave, Suver t^•erecr,
Esst and d,Vgnz 5:.:9 fr__ f ai a snare of 7aras•• Laze �-
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to Hdrea !!ne df said �v-
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,nat par-. �ver-ta�ettY ' -? :: tc t_c f as War n4 East) a dt•ten: e f a -1 57Edegreesta
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tICYR o de-
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arcs :est :a stating: ;�:� 5euca 67 eearres
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1. Sect.en 11, t as bear: ng Hast and
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67
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a8 M;natas West F. tre a�1ai point of beg. ..
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Doc No T4903818
Certified, filed and/or recorded on
11/22/11 9:19 AM
Office of the Registrar of Titles
Hennepin County, Minnesota
Michael H. Cunniff, Registrar of Titles
Mark V. Chapin, County Auditor and Treasurer
Deputy 26
Doc Name: Resolution
Document Recording Fee
Multiple Certificates Affected
Fee
Document Tota!
Existing Certs
1213633
1314039
This cover sheet is now a permanent part of the recorded document.
av
Pkg ID 751595
$46.00
$20.00
$66.00
New Certs
(J
121310 --:. 3
1314039
A RESOLUTION GRANTING
A CONDITIONAL USE PERMIT FOR BOAT CLUB USE
PER MUNICIPAL ZONING CODE SECTION 78-666(1)
FOR THE PROPERTY AT 1444 SHORELINE DRIVE
- FILE NO. 11-3501
GO
14�
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 6037
A RESOLUTION GRANTING
A CONDITIONAL USE PERMIT FOR BOAT CLUB USE
PER MUNICIPAL ZONING CODE SECTION 78-666(1)
FOR THE PROPERTY AT 1444 SHORELINE DRIVE
- FILE NO. 11-3501
WHEREAS, Luke Kujawa of Your Boat Club, LLC, a Minnesota limited
liability corporation (hereinafter the "applicant") on behalf of Browns Bay LLC, a
Minnesota limited liability corporation (hereinafter the "owner") has an interest in the
property located at 1444 Shoreline Drive within the City of Orono (hereinafter the "City")
and legally described as follows.
Exhibit A, attached (hereinafter the "commercial property"); and
WHEREAS, the applicant has applied to the City for a conditional use permit
to permit a boat club use to operate at the commercial property per Municipal Zoning Code
Section 78-666(1); and
WHEREAS, the commercial property has for many years been operated as a
commercial marina and has made use of two adjacent residentially -zoned parcels at 1440
and 1442 Shoreline Drive for parking to serve the commercial marina use, said parcels
legally described as follows:
Exhibit B, attached (hereinafter the "residential property").
NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
Minnesota:
FINDINGS
1. This application was reviewed as Zoning File #11-3501.
2. The commercial property is located in the B-2 Lakeshore Business District and
comprises approximately 0.66 acres in area. Additionally, the portion of the
residential property located east of Shoreline Drive is used for marina purposes and
is zoned B-2, comprising an additional approximately 0.10 acres. The total area
zoned B-2 and used for marina purposes is approximately 0.76 acres.
Page 1 of 8
I
CITYof ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 6037
3. The portion of the residential property west of Shoreline Drive is zoned LR -1A
Lakeshore Residential District comprising approximately 0.37 acres in area, of which
approximately 50' x 110' or 0.13 acre has been historically used for marina parking.
4. On March 21, 2011 the Orono Planning Commission reviewed the application as
proposed and voted 4-1 to recommend denial of the application based on the lack of
sufficient information to guarantee the number of parking stalls available to serve the
marina and boat club uses, but to change that recommendation to one of approval if
the applicant submits further evidence to staff to demonstrate that the combined use
of the marina and boat club will comply with the parking regulations of Section 78-
668 and staff finds that the objective requirements of that section are met and
adequate parking is available at the site.
5. The City Council makes the following findings of fact regarding this application:
a. Resolution No. 2674 adopted by the City Council on August 14, 1989
documented the availability of 73 total parking stalls on the commercial and
residential properties falling 4 stalls short of the 77 stalls determined to be
required by code for the marina use at that time under the approved site plan,
and a 4 -stall variance was granted.
b. The zoning code does not currently establish an incremental parking
requirement for the boat club conditional use.
C. Council finds that operation of a boat club use does not require additional
parking over and above the level required for marina use if the boat club is
operated in an appropriate manner.
d. Changes in the marina operation at this site since 1989 have resulted in fewer
boat slips on the water, with the current number of .required parking stalls
being calculated as follows:
Total slips on water: 97
Total slips devoted to retail sales/display/service operation: 6
Net available rental slips: 91 slips x 0.6 stalls required per slip — 54.6 stalls
Additional stalls required for sales/service operation: S stalls
Additional stalls required for area of building > 1000 s.£: 3 stalls
Additional stalls required for employee parking: 4 stalls (nominal)
Total stalls required per current code = 54.6+8.0+3.0+4.0 = 69.6 = 70 stalls
Page 2 of 8
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 6037
e. The number of available parking stalls is as follows:
Tanager Lakeside of CR15: 24 paved, marked stalls at 1444 Shoreline
26 unmarked gravel stalls at 1440-42 Shoreline
Browns Bay side of CR 15: 26 unmarked stalls in rectangular gravel parking lot
5 potential parking stalls in triangular gravel area
Total Available Stalls in areas previously approved for parking: 76 stalls
Additional potential stalls not previously approved for parking: 5 stalls
f. The City Council finds that the number of available parking stalls exceeds the
required number of stalls for the proposed marina and boat club operation.
g. Applicant's analysis of parking needs for the boat club use suggests that the nature
of the boat club business is self-limiting, to the extent that proper site management
resulting in club customers having no difficulties parking at the site is critical to
maintaining the customer base. The applicant has acknowledged that there is no
additional parking available on nearby roadways and has indicated that off-site
parking is not part of his intended business plan but may be used on occasion in a
worst-case scenario. The Council finds that formally establishing an off-site
parking requirement to serve the boat club use is neither desirable nor warranted.
h. The location of this marina on both sides of Shoreline Drive creates a situation in
which it is necessary to make all reasonable attempts to limit the need for pedestrian
crossing of the public road.
i. The 1989 approval for use of parking stalls located on the adjacent residential
property was predicated on the common ownership of those residential parcels with
the marina property. The recent changes in ownership which have resulted in the
residential property being in separate ownership from the commercial property
require establishment of a legal relationship to ensure the continued viability of this
parking arrangement.
The Council finds that it would be appropriate to establish a limit at this time to the
number of slips allowed to be devoted to boat club use, because of the lack of data
and unpredictability of the parking needs for the boat club use. The property owner
could apply for an amendment of the CUP in the fixture to request additional boat
club usage, which would be reviewed on its merits at that time.
Page 3 of 8
1"ke
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 6037
6. The City Council finds that granting a conditional use permit to allow a boat club use at
1444 Shoreline Drive will not be detrimental to the health, safety or general welfare of the
public, would not adversely affect light, air nor pose a fire hazard or other danger to
neighboring properties, nor will its use depreciate surrounding property values and that the
proposed level of use of the property will be in keeping with the intent and objectives of the
Zoning Code and Comprehensive Plan of the City.
7. The City Council has considered this application including the findings and
recommendations of the Planning Commission, reports by City staff, comments by the
applicant and the effect of the proposed conditional use permit on the health, safety and
welfare of the community.
CONCLUSIONS, ORDER AND CONDITIONS
Based upon one or more of the above findings, the Orono City Council hereby
grants a conditional use permit per Municipal Zoning Code Section 78-666 to allow a boat club use
at 1444 Shoreline Drive subject to the following conditions:
1. This approval shall not become effective until the City Attorney has approved the
documentation establishing the permanent right for the marina to use parking area on the
residential properties.
2. Operator(s) of the marina and boat club shall endeavor to have customer parking occur on
the same side of Shoreline Drive as the boat being accessed, to avoid pedestrian crossings
of Shoreline Drive.
3. No more than 20 slips may be devoted to boat club use. An amendment of this conditional
use permit will be required in order to exceed this number.
4. Applicant and owner are advised that the only allowed commercial use of the residential
property west of Shoreline Drive is for parking, and that the residence buildings on the
residential property may not be used for commercial purposes.
5. The original approvals for redevelopment of this site in 1989 required establishment of rock
beds at the lakeward end of the two main parking areas for trapping sediment and debris
from the site. The property owner shall clean out and rebuild these structures as necessary
to continue their effectiveness
Page 4 of 8
W
7.
8.
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 6037
Handicap parking stall signage and/or markings shall be re-established in appropriate
location within the paved parking area.
Signage for the various uses will continue to be limited to that allowed by City Code for a
commercial site.
The property owner shall ensure that lighting on land and on the docks is shielded to avoid
future concerns of neighboring property owners.
9. 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 eliminate any authority
granted herein, and shall be punishable as a misdemeanor.
The undersigned property owner has read, understood and hereby agrees to the terms of this
resolution and on behalf of himself, his heirs, successors and assigns, hereby agrees to the
recording of this resolution in the Chain of Title of the property.
Adopted by the City Council of the City of Orono this 11'J' day of April, 2411.
I,rra�` e,ity Clerk
a
Brown's Bay LLC
By:
G. Kaminski, its anager
J,�, L -C K/...-,
Lili Tod McMillan, Mayor
Page 5 of 8
STATE OF MINNESOTA
COUNTY OF HENNEPIN
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 6037
The foregoing instrument was acknowledged before me on this I' day of ,
2011 by Lili Tod McMillan, Mayor of the City of Orono, a Minnesota municipal corporate n and
said instrument was executed on behalf of the City.
47TA
COUNTY OF HENNEPIN
JJf✓1JI1J�
i
Notary Public
The foregoing instrument was acknowledged before me on this L9 day of A ,
2011 by Linda S. Vee, City Cleric of the City of Orono, a Minnesota municipal corporatiorVand
said instrument was executed on behalf of the City.
X
�.i�.��. r1..rrrs✓r.�.r. �.�rrsrrlr✓✓rr��l
STATE OF MINNESOTA
COUNTY OF HENNEPIN
—110,f
Notary Public
The foregoing instrument was acknowledged before me on this j4d'Y a of M
,
2011 by M.G. Kaminski, manager of Brown's Bay LLC, a Minnesota limited liability company
on behalf of Brown's Bay LLC.
Page 6 of 8
M
m
N
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 6 0 3 7
EXHIBIT A
Legal Description of the Commercial Property
The following two parcels in Hennepin County, Minnesota:
1444 Shoreline Drive, Orono, Minnesota, PID 11-117-23-22-0006:
That part of Government Lot 1, Section 11, Township 117, Range 23 described as
commencing at the meander corner on the North line of said Government Lot 1; thence
South 10 degrees East (assuming the North line of said Government Lot 1 as bearing
East and West) a distance of 764.88 feet to the actual point of beginning; thence North
67 degrees 48 minutes East to the shore of Lake Minnetonka; thence Southeasterly along
said shore to its intersection with a line bearing North 67 degrees 48 minutes East from a
point which is on a line bearing South 10 degrees East and distant 61.39 feet from the
13� actual point of beginning; thence South 67 degrees 48 minutes West to the shore line of
Tanager Lake (formerly Mud Lake); thence Northwesterly along the shore of Tanager
Lake to its intersection with a line bearing South 67 degrees 48 minutes West from the
actual point of beginning; thence North 67 degrees 48 minutes East to the actual point of
beginning.
Address Unassigned, PID 11-117-23-22-0007:
rThatpart of Government Lot 1, Section 11, Township 117, Range 23 described as
z"ZIcommencing at the meander comer on the North line of said Government Lot 1; thence
4 , South 10 degrees East (assuming the North line of said Government Lot 1 as bearing East
and West) a distance of 826.27 feet to the actual point of beginning; thence North 67
degrees 48 minutes East to the shore of Lake Minnetonka; thence Southeasterly along said
shore 60 feet more or less to an intersection with a line bearing North 67 degrees 48
m minutes East from a point which is on a line bearing South 10 degrees East and distant
61.39 feet from the actual point of beginning; thence South 67 degrees 48 minute West to
r�t the shore of Tanager Lake (formerly Mud Lake); thence Northwesterly along the shore of
Tanager Lake to an intersection with a line bearing South 67 degrees 48 minutes West
from the actual point of beginning; thence North 67 degrees 48 minutes East to the actual
point of beginning.
Torrens property
Page 7 of 8
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. X6037
EXHIBIT B
Legal Description of the Residential Property
The following two parcels in Hennepin County, Minnesota:
1440 Shoreline Drive, Orono, Minnesota, PID 1 I-117-23-22-0004:
That part of Government Lot 1, Section 11, Township 117, Range 23 described as
follows: Commencing at the meander corner on the North line of said Government Lot
1; thence South 10 degrees East (assuming the North line of said Government Lot 1 as
bearing East and West) a distance of 647.23 feet to a point hereinafter referred to as
"Point A"; thence continuing south 10 degrees East a distance of 117.65 feet to the actual
point of beginning; thence South 67 degrees 48 minutes West to the shore of Tanager
Lake; thence Northerly along said shore line to a line bearing South 67 degrees 48
minutes West from said "Point A"; thence North 67 degrees 48 minutes F.,^.f io the shore
of Lake Minnetonka; thence Southerly along the shore line of Lake Minnetonka to a line
bearing North 67 degrees 48 minutes East from the actual point of beginning; thence
South 67 degrees 48 minutes West to the actual point of beginning; which lies
Northwesterly of a line drawn parallel with and 65 feet Southeasterly from the
Northwesterly line and its extensions of the above described tract.
1442 Shoreline Drive, Orono, Minnesota, PID 11-117-23-22-0005:
i That part of Government Lot 1, Section 11, Township 117, Range 23 described as
follows: Commencing at the meander corner on the North line of said Government Lot
1; thence South 10 degrees East (assuming the North line of said Government Lot I as
bearing East and West) a distance of 647.23 feet to a point hereinafter referred to as
"Point A"; thence continuing south 10 degrees East a distance of 117.65 feet to the actual
point of beginning; thence South 67 degrees 48 minutes West to the shore of Tanager
Lake; thence Northerly along said shore line to a line bearing South 67 degrees 48
minutes West from said Point A"; thence North 67 degrees 48 minutes East to the shore
of Lake Minnetonka; thence Southerly along the shore line of Lake Minnetonka to a line
bearing North 67 degrees 48 minutes East from the actual point of beginning; thence
South 67 degrees 48 minutes West to the actual point of beginning; except that part of the
above described tract which lies Northwesterly of a Iine drawn parallel with and 65 feet
Southeasterly from the Northwesterly line and its extensions of the above described
---.tract.
Torrens Property
Page 8 of 8
STATE OF MINNESOTA )
) ss
COUNTY OF HENNEPIN )
The undersigned, being duly qualified and appointed City Clerk of the City of
Orono, Minnesota, certifies that I compared the foregoing resolution adopted at the
meeting of the Orono City Council on May 9, 2011, with the original thereof on file in
my office, and the same is a correct transcription thereof:
WITNESS my hand officially as such City Clerk and the Corporate seal of the
City this 11th day of May , 2011.
22�xe
City lerk
AGENDA ITEM
Item No.: 26 Date: May 14, 2018
Item Description: LAI 8-000036 —Orono Apartments, LLC, John Patch, 2745 Kelley
Parkway, Comprehensive Plan Amendment, Zoning Change Amendment, Site Plan —
Resolution
Presenter: Jeremy Barnhart, Community Agenda Planning Department
Development Director Section: Report
1. Purpose. Consider Comprehensive Plan Amendment, Zoning Map Amendment, and site plan
approval for 56 unit 2.5 story apartment building at 2745 Kelley Parkway.
2. 15.99 Deadline. A decision must be made by June 9, 2018.
3. Background/ Summary. The applicant is requesting approval or certain processes that would
allow for the construction of a 56 unit 2.5 story market rate apartment building. Site improvements
include underground parking, surface parking, open space, and landscaping. The building will use
similar materials as the adjacent Stonebay condominiums across the street. The proposal does
require an amendment to the Comprehensive Plan (Change Land Use from Office to High Density
Residential), Zoning Map (RR -1B PUD to RPUD) and a concept plan approval.
The proposal meets required setbacks, and the defined height (29 feet) is less than the maximum of
30 feet. The Floor area ratio standard is also met. A full analysis of the project is provided in the
attached Planning Commission staff report, provided as Exhibit C. Final engineering details are
being worked through and will be finalized as part of the final master plan approval.
4. Planning Commission Vote and Comment. The Planning Commission reviewed the project at
their meeting on April 16th. The Commission draft minutes are provided as Exhibit B. The
Commission generally supported this type of housing and recommended approval with a vote of 6-0.
5. Public Comment. Comments in writing have been received, and attached. Verbal public
comments provided during the public comment period related to concerns with the level of traffic on
Kelley Parkway, number of people allowed per unit, parking, and possibility of providing access
directly on Wayzata Boulevard.
Hearing the comments received, staff can provide some supplemental information.
Wayzata Boulevard Access. The County will simply not permit access directly onto Wayzata
Boulevard. The long range plan for this property, and the rest of Stonebay, was to feed into Kelley
Parkway and to maintain Wayzata Boulevard as a high volume collector.
Traffic levels on Kelley Parkway. The current traffic situation observed on Kelley Parkway will
not be the norm. The traffic on Kelley is partially a function of the restricted left turn onto Old
Crystal Bay Road from Hwy 6. It is expected that the traffic observed will be reduced with the
planned improvements to Old Crystal Bay Road this summer. Phase 3 of the Wayzata Blvd turnback
project will include reviewing the Kelley/ Willow intersection.
Traffic Growth. Traffic growth is often cited as a concern when a new high density residential
structure is proposed. This property was originally guided for office uses. Assuming a similar sized
office building and the 56 unit apartment building proposed, the Institute for Transportation
Prepared By: J. Barnhart Reviewed By: _Sb)R Approved By: -TV
AGENDA ITEM
Engineers (ITE) published estimates in their Trip Generation Handbook. 9a' Edition, summarized in
the table below.
The apartment building will generate less traffic that a similar sized office building.
Number of individuals per unit. The City has no mechanism to limit the number of individuals
per apartment unit; in a similar fashion, we have no way to limit the number of people in the
condominium building or a single family house. The apartment building will require a rental license.
Parkinjz. The number of parking spaces exceeds the number of parking spaces required per city
ordinance.
6. Staff Recommendation. Staff and the Planning Commission recommend approval of the
Comprehensive Plan Amendment (CPA), Zoning Map Amendment, and Concept plan. With
approval of the CPA, the CPA will be submitted to the Met Council for their approval.
COUNCIL ACTION REQUESTED
Adopt resolution approving the Comprehensive Plan Amendment, Zoning Map Amendment, and
Concept plan, to include the following conditions:
1. Metropolitan Council Approval of the Comprehensive Plan Amendment.
2. Approval of the final Master Plan
3. Additional Easements to protect existing water and storm sewer infrastructure.
4. Approval of hardcover waiver as described.
5. Revised Landscaping plan to meet plant number and size requirements.
6. Expansion of the sidewalk along Kelley Parkway
7. Siding material consistent with Stonebay Condominium. An 8' bituminous trail shall be
provided along the southern property line.
8. Payment of fees as prescribed.
9. Watershed approval of the drainage and erosion control measures.
10. Building shall meet all fire and building codes. Fire chief shall approve all hydrant/ connection
locations.
Exhibits
Exhibit A. Resolution (Including resolution exhibits Al -A8)
Exhibit B. PC Minutes April 16, 2018 Draft
Exhibit C. PC Staff report
Exhibit D. Public comments received
References
PC Packet dated April 16, 2018
Prepared By: J. Barnhart Reviewed By: -Sb)R Approved By: -TV
Total Trips
Peak AM
Peak PM
56 Unit Apartment
372
29
35
65,000 sq ft office
717
101
97
The apartment building will generate less traffic that a similar sized office building.
Number of individuals per unit. The City has no mechanism to limit the number of individuals
per apartment unit; in a similar fashion, we have no way to limit the number of people in the
condominium building or a single family house. The apartment building will require a rental license.
Parkinjz. The number of parking spaces exceeds the number of parking spaces required per city
ordinance.
6. Staff Recommendation. Staff and the Planning Commission recommend approval of the
Comprehensive Plan Amendment (CPA), Zoning Map Amendment, and Concept plan. With
approval of the CPA, the CPA will be submitted to the Met Council for their approval.
COUNCIL ACTION REQUESTED
Adopt resolution approving the Comprehensive Plan Amendment, Zoning Map Amendment, and
Concept plan, to include the following conditions:
1. Metropolitan Council Approval of the Comprehensive Plan Amendment.
2. Approval of the final Master Plan
3. Additional Easements to protect existing water and storm sewer infrastructure.
4. Approval of hardcover waiver as described.
5. Revised Landscaping plan to meet plant number and size requirements.
6. Expansion of the sidewalk along Kelley Parkway
7. Siding material consistent with Stonebay Condominium. An 8' bituminous trail shall be
provided along the southern property line.
8. Payment of fees as prescribed.
9. Watershed approval of the drainage and erosion control measures.
10. Building shall meet all fire and building codes. Fire chief shall approve all hydrant/ connection
locations.
Exhibits
Exhibit A. Resolution (Including resolution exhibits Al -A8)
Exhibit B. PC Minutes April 16, 2018 Draft
Exhibit C. PC Staff report
Exhibit D. Public comments received
References
PC Packet dated April 16, 2018
Prepared By: J. Barnhart Reviewed By: -Sb)R Approved By: -TV
Council Exhibit A
CITY OF ORONO 18-000036
RESOLUTION OF THE CITY COUNCIL
A RESOLUTION APPROVING THE
GENERAL CONCEPT PLAN,
AND GRANTING ZONE CHANGE, AND COMMUNITY MANAGEMENT PLAN
AMENDMENT APPROVAL FOR PROPERTY LOCATED AT
2745 KELLEY PARKWAY
FILE NO. LA18-000036
WHEREAS, Berkshire Partners, LLP, (hereinafter the "Owner") is owner of the
property located at 2745 Kelley Parkway within the City of Orono (hereinafter the "City") and
legally described as follows:
Lot 1, Block 1, City of Orono Addition, (hereinafter the "Property"); and
WHEREAS, Orono Apartments, LLC, a Minnesota Limited Liability Company,
hereinafter "Developer" o/b/o the Owner has requested General Concept Plan approval and Zone
Change. Proposed is a rezoning from RR -1 B PUD, One Family Rural Residential District Planned
Unit Development to RPUD Residential Planned Unit Development District for construction of a
56- unit apartment building; and
WHEREAS, the Developer has concurrently requested an amendment of the 2008-
2030 Orono Community Management Plan ("CMP") to change the proposed land use from Office
to High Density Residential and allow said development at a density of approximately 21 dwelling
units per acre, where no residential density is prescribed in the CMP; and
WHEREAS, on April 10, 2018 the Developer filed a complete formal application
for a Comprehensive Plan amendment, rezoning, and concept plan on the Property; and
WHEREAS, after due published and mailed notice in accordance with Minnesota
Statutes 462.358 et. seq. and the City of Orono Zoning and Subdivision Codes, the Orono Planning
Commission held a public hearing for the application and reviewed it on April 16, 2018, at which
time all persons desiring to be heard concerning this application were given the opportunity to
speak thereon; and
WHEREAS, the Planning Commission information, published for the April 16,
2018 meeting, including staff report and exhibits, is incorporated by reference; and
WHEREAS, the Planning Commission on April 16, 2018 recommended on a vote
of 6-0 that the Council grant the proposed CMP; the rezoning to RPUD Residential Planned Unit
Development District; and general concept plan approval subject to a number of conditions and
Page 1
recommendations; and
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
WHEREAS, the Orono City Council reviewed the sketch plan for the Property on
February 12, 2018, and has reviewed the formal applications at its regular meeting on May 14,
2018; and
WHEREAS, the City Council hereby makes the following findings in regard to
this application for RPUD General Concept Plan CMP amendment, and rezoning:
FINDINGS
A. Community Management Plan Conformity; CMP Amendment
1. This application was reviewed as Zoning File #LA18-000036.
2. The Property is currently zoned RR -113 PUD. The Property contains
approximately 2.55 acres. The CMP guides the property as office.
3. The property has sat vacant for many years; the city recognizes that there is not a
market, nor is one likely, for office uses on the subject parcel.
4. The Metropolitan Council established density goals for the City of Orono, and the
city responded by carefully selecting parcels at densities that would potentially
allow for more affordable housing options. Metropolitan Council guidelines require
an overall new sewered development density of at least 3 units per acre. In order to
meet these goals, certain parcels within the Metropolitan Urban Service Area
(MUSA) were guided for densities significantly higher than 3 units/acre — to allow
those shoreland areas in the MUSA historically zoned and planned for low density,
to develop at the 1 -acre and 2 -acre lot sizes desired by the City.
5. Recent developments within the MUSA have been approved at densities lower that
prescribed in the CMP.
6. The city desires to identify additional areas appropriate for high density residential
within the community. The rationale for the density increase at this site was
primarily the location adjacent to a high -traffic roadway; the availability of
municipal utility services; and the remote location from single family residential
development.
Page 2
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
7. The City Council has reviewed the development proposal with regards to the CMP
and finds that it meets a number of goals for housing as established within the
Housing element of the CMP, including:
Provides opportunities for housing types, locations, and cost ranges which will
meet the needs and provide adequate housing for a broader range of ages, family
groups, lifestyle needs and levels of income to the greatest extent practical.
Provides housing types and residential densities consistent with environmental
and land use plans and with the availability of public services and facilities.
B. Rezoning- from RR -1B to RPUD
8. The Property is located within the Metropolitan Urban Service Area (MUSA) and
is intended to be developed using municipal sewer and water, a requirement of the
RPUD zoning district.
9. Because the property is proposed to be reguided in the CMP for high density
residential, the property should be rezoned consistent with the intended and guided
use. The most appropriate zoning for the intended use is RPUD, Residential
Planned Unit Development District.
10. The property contains approximately 2.55 acres. The property meets the lot size
requirements of Zoning Code Section 78-626(1) for rezoning to RPUD because it
is part of a larger Planned Unit Development, Stonebay.
11. Rezoning the property to RPUD Residential Planned Unit Development is
appropriate based on the High- Density residential nature of the proposal, which
meets the following general purposes of the RPUD District:
a) incorporates flexibility in land development and redevelopment in order to
utilize new techniques of building design, construction and land development;
b) provides lifecycle housing with the potential to meet affordable and moderate
cost housing needs;
c) incorporates energy conservation through the clustering of buildings and land
uses;
d) preserves desirable site characteristics and open space;
e) provides design compatible with surrounding land uses, including both existing
Page 3
and planned;
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
f) results in a sensitive development in the transitional area located between a high
capacity roadway and the high density housing to the north; and
g) yields development which is consistent with the Comprehensive Plan guiding
for higher density than the typical urban and rural residential development in
Orono.
12. Conformity with Zoning District Standards. In relation to the RPUD standards,
there are specific guidelines for development in Zoning Code Section 78-626(7),
including Setbacks, Height limitations, and outside storage limitations. However,
the concept of a planned unit development process is to allow flexibility in design.
Section 78-626(16) provides for flexibility in RPUD standards, as follows:
(16) Flexibility. The uniqueness of each RPUD requires that
specifications and standards for streets, utilities, public facilities and
subdivisions may be subject to modification from the city ordinances
ordinarily governing them. The city council may therefore approve
streets, utilities, public facilities and land subdivisions which are not in
compliance with usual specifications or ordinance requirements, if it
finds that strict adherence to such standards or requirements is not
required to meet the intent of this section or to protect the health, safety
or welfare of the residents of the RPUD, the surrounding area or the city
as a whole.
This proposed development concept requires flexibility from the RPUD district lot
standards for attached dwelling units. The table below identifies specific standards
which require flexibility, which the City Council finds acceptable:
Page 4
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
13. Landscaping. The preliminary landscaping plan will be evaluated for compliance
with the very detailed RPUD landscaping requirements. The preliminary landscape
plans will need to be modified to meet the following standards:
RPUD District
Proposed lot
Flexibility
Size
Minimum SFR
Standards
Required?
Overstory
Standard
34
2.5
Minimum project size:
5 acres
2.55
No
Building Setback (Kelley
Shrub
3 gal
Parkway)
35
75.4
No
Building setback (Wayzata Blvd)
50
51.5
No
Minimum side yard setback:
35 feet
36.7 E, 62.6 W
No
Maximum FAR:
1
0.9
No
Parking lot and driving lane
5 West, 20
setback
20'
north, 15 South,
Yes
62 East
Private Recreational Area:
10% of gross project
Cash proposed
No
area
Building height:
Maximum of 30 feet
29' defined
No
Number of stories
3 (Max.)
2.5
No
Hardcover
50%
55%
Yes
13. Landscaping. The preliminary landscaping plan will be evaluated for compliance
with the very detailed RPUD landscaping requirements. The preliminary landscape
plans will need to be modified to meet the following standards:
14. Parking Lot and driving lane setback. The Ordinance requires a setback of 20
feet for drive lanes and parking areas. The shared parking on nthe east does not
meet the setback, nor does the parking nearer Keley Parkway. Both of these
Page 5
Required
Proposed
78-626 (14)
Size
Number
Size
Number
Overstory
2.5 cal
34
2.5
26
Evergreen
6'1313
10
Shrub
3 gal
106
1 gal
131*
14. Parking Lot and driving lane setback. The Ordinance requires a setback of 20
feet for drive lanes and parking areas. The shared parking on nthe east does not
meet the setback, nor does the parking nearer Keley Parkway. Both of these
Page 5
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
parking areas are existing, or are proposed to be tied to existing.
15. Building Height. The building height as shown on the plan is 29 feet. The
developer recognizes that the building may not be higher than 30 feet.
16. Hardcover. By virtue of the RPUD zoning, per 78-1701(4)(a) the property is
assigned to Hardcover Protection Tier 4, which allows up to 50% hardcover of the
gross lot area. The proposed hardcover is 55%, due in part to the complex
residential use, and need for onsite circulation. The Council finds flexibility is
appropriate given the high intensity uses surround the property (Industrial and
Wayzata Blvd to the south, Condominiums and Public Works facility to the North.)
If the parcel was not zoned RPUD, there would be no hardcover limitation due to
the site distance from lakes.
17. Trail, and sidewalks . The sidewalk along Kelley Parkway from the west
terminates near the NW corner of the site. This sidewalk should be continued to
the NE corner of the site.
A trail along the south property line is anticipated as part of the Stonebay project.
Preliminary Hennepin County plans for the upgrade of Wayzata Boulevard include
a trail along the north side of Wayzata Boulevard from Willow Drive to Old Crystal
Bay Road, within the right of way. The applicants should expect that a trail will
be required along their south boundary, with a possible connecting link to Kelley
Parkway along the west edge of the stormwater pond. If the trail is to be located
on public right of way, the developer should anticipate paying the portion of the
trail equal to their front foot costs.
18. 10% Private Park RPUD Requirement. In lieu of the property owner providing
10% of the land in a private recreational component as required by the RPUD
zoning, it is suggested that that a recreation fee be paid. 10% of the land value is
$41,500. The donation should equal that, less the developers portion of the cost for
the trail improvement along the south property line.
19. Stormwater Management. Stormwater management is proposed to be provided
on site. The stormwater facilities will be subject to standard drainage easements.
In addition to the City of Orono, the Minnehaha Creek Watershed District have
approval authority over the applicants' stormwater management plan. Final
stormwater plans will be subject to the recommendations and approval of the City
Engineer.
Page 6
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
20. The applicant has provided General Concept Plans and Drawings attached to this
Resolution as Exhibits A-1 through A-8 including:
Plans prepared by Weber Architects:
Al — Certificate of Survey and Proposed Site Plan dated 3-16-18
A2 — Landscape Plan dated 3-20-18
A3 — Parking Level dated 3-18-18
A4 — First Floor Plan dated 3-18-18
A5 — Second Floor Plan dated 3-18-18
A6 — Roof Section Plan dated 3-18-18
A7 — Unit Plans dated 3-18-18
A8 — Elevations dated 3-18-18
Council finds that the plans submitted are generally sufficient to indicate the
intent of the developer and the potential impacts of the project.
21 City Engineer Comments. General Development Plans and Final Plat approvals
will be reviewed for conformity City standards.
22. The City Council finds that the development of this property must set a high
standard for the quality, character, context and compatibility of development
desired by the City for high density development in Orono. The Council finds that
the proposed comprehensive plan reguiding, rezoning and proposed development
of the property for high density senior use is appropriate for the property, will not
have negative impacts on the surrounding properties when all Concept Plan
Approval conditions are met, and is in keeping with the goals, policies and
philosophies of the City.
CONCLUSIONS, ORDER AND CONDITIONS
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Orono hereby approves the Amendment to the Community Management Plan, subject to the
written approval of the CMP amendment by the Metropolitan Council. Failure to gain
Metropolitan Council approval shall be cause to deny the applications for zone change and
Concept Master Plan.
FURTHER, BE IT RESOLVED, that upon Met Council approval of the CMP,
the General Concept Plan, and Zone Change, for development of the property at 2745 Kelley
Page 7
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
Parkway shall be approved, subject to the following declarations and conditions:
A. Conditions.
1) Unless noted otherwise, plans shall be consistent with the project outlined in
Exhibit A. Developer shall provide a final Master Development Plan for the
development that conforms to all standards of the RPUD District except as
modified herein, and shall demonstrate to the satisfaction of the City Council
that all RPUD standards have been met and shall demonstrate where such
standards have not been met, and shall satisfy the City Council that non-
compliance with said standards is remedied in a manner acceptable to the
Council.
2) Developer shall provide a final landscaping plan meeting all of the
requirements of the RPUD District to the satisfaction of the City Council.
Final landscaping plans will be reviewed for conformity with the RPUD
standards.
3) Building footprints and styling shall be generally per the examples included
in the attached Exhibit A-1 thru A8. Building shall meet all building and
fire codes. Fire Chief shall approve all hydrant/ connection locations.
4) Flexibility shall being granted for the hardcover and drive setback as noted in
the Findings section above.
5) Applicant shall dedicate an easement for potential future public trail purposes
over the southerly 10 feet of the property; this requirement may be waived
pending resolution of the public trail question as part of the Wayzata
Boulevard planning process.
6) Easements. Additional easement may be required by the City engineer to
protect existing water and storm sewer infrastructure.
7) Utilities; Stormwater Management
The Developer shall install stormwater management facilities generally as
shown on the various attached plans. Developer shall provide suitable
evidence of Minnehaha Creek Watershed District (MCWD) approval of the
stormwater management plan before Development Plan and Final Plat
Page 8
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
Approval will be granted. The Developer shall provide sufficient drainage
and utility easements as necessary to allow for future City maintenance
access for stormwater management facilities.
8) Grading, Erosion Control
a) Erosion control shall adhere to 'Best Management Practices for
Protecting Water Quality in Urban Areas" and to the approved SWPPP.
All erosion controls as required by the City and the MCWD shall be in place
prior to commencing excavation on the site. All such erosion control
measures shall be maintained in working order until the site is revegetated.
b) The construction limits shall be clearly marked with adequate
fencing to prevent any construction damage or disturbance of any trees and
vegetation outside of the construction limits area.
9. Plans and Specifications.
a) Proposed plans shall be provided to the City for final review and
approval with the Final Plan set. The Public Works Department and any
other pertinent reviewing agencies shall review and approve all utility
improvements.
b) Any additional plans and specifications deemed necessary by the
City as review progresses.
10. Fees required
Water and Sewer Connection and SAC charges apply, based on the number of SAC
units applied. These fees would be due at the time of Building Permit.
The following fees are based on the number of SAC units, as determined by the
Met Council, at the time of Building Permit:
SAC $2,485 x SAC units = $ TBD
Water $4,240 x SAC units = $ TBD
Sanitary Sewer $5,100 x SAC units = $ TBD
Storm water trunk fees apply to new development and redevelopment of existing
properties and provide funding for the storm water infrastructure necessary to serve
Page 9
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
the City. The trunk fee is based on the land use and acreage of the property being
developed.
Residential > 4 units/acre: $8,490/ac x 2.55 acres = $21,649.00
Private Recreational space is proposed to be addressed through a cash equivalent
donation.
B. This General Concept Plan approval is based upon the known issues that may affect this
project, but this approval does not limit the City from revising or amending these conditions
as the review process continues.
C. This General Concept Plan Approval resolution approves the development concept subject
to the applicant meeting the requirements of this resolution and all other requirements of
the City. This resolution does not permit construction of the project illustrated in Exhibit
A. Such approval shall only be considered when the City Council approves the Master
Plan, after finding that all "Conditions for Development Plan Approval" as identified
herein have been met.
Adopted by the Orono City Council on this day of , 2018.
Page 10
ATTEST:
Anna Carlson, City Clerk
Applicant
(for Orono Apartment, LLC)
STATE OF MINNESOTA }
} ss.
COUNTY OF )
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
Dennis Walsh, Mayor
The foregoing instrument was acknowledged before me this day of ,
2018, by , the of Orono Apartments, LLC,
a Minnesota limited liability company, on behalf of the limited liability company.
Notary Public
Page 11
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LEGAL DESCRIPTION OF PREMISES :
Lot 1, Block 2, CITY OF ORONO ADDITION
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denotes proposed spot elevation, mean sea level datum
_917- denotes existing contour line, mean sea level datum
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the location of an existing parking lot, curb and gutter, visible utilities, spot
elevations and topography, and the proposed location of a proposed building,
parking lot, sidewalks and grades thereon. It does not purport to show any
other improvements or encroachments.
Lot area = 111,310 Sq. ft.
Proposed building = 31,742 sf
Existing & proposed parking = 27,788 sf
Proposed walks = 1686 sf
Existing walk = 140 sf
Total hardcover = 61,356 sf
Proposed green space = 49,954 sf
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LEGAL DESCRIPTION OF PREMISES :
Lot 1, Block 2, CITY OF ORONO ADDITION
o : denotes iron marker
(908.3): denotes existing spot elevation, mean sea level datum
denotes proposed spot elevation, mean sea level datum
_917- denotes existing contour line, mean sea level datum
930 denotes proposed contour line, mean sea level datum
Bearings shown are based upon an assumed datum.
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the location of an existing parking lot, curb and gutter, visible utilities, spot
elevations and topography, and the proposed location of a proposed building,
parking lot, sidewalks and grades thereon. It does not purport to show any
other improvements or encroachments.
Lot area = 111,310 Sq. ft.
Proposed building = 31,742 sf
Existing & proposed parking = 27,788 sf
Proposed walks = 1686 sf
Existing walk = 140 sf
Total hardcover = 61,356 sf
Proposed green space = 49,954 sf
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ORONO
APARTMENTS
2745 KELLEY PARKWAY
ORONO, MINNESOTA
18 MARCH 2018
UNIT 10
UNIT 1
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FIRST FLOOR
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Resolution Exhibit A4
18-000036
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architects & planners
80 Watertown Road, Long Lake, MN 55356-9419
952.476.4434 • Fax 952.476.5863 • nw@weberarchitects.com
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APARTMENTS
2745 KELLEY PARKWAY
ORONO, MINNESOTA
18 MARCH 2018
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18-000036
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18-000036
UNIT 2 - -UNIT 10
ORONO
2745 KELLEY PARKWAY
ORONO, MINNESOTA
18 MARCH 2018
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APARTMENTS ELEVATIO
2745 KELLEY PARKWAY
DRONO. MINNESOTA
iff
I ��� 111 ��.z I
Council Exhibit B
MINUTES OF THE 18-000036
ORONO PLANNING COMMISSION
Monday, April 16, 2018
6:30 o'clock p.m.
ROLL CALL
The Orono Planning Commission met on the above-mentioned date with the following members present:
Chair John Thiesse, Commissioners Bob Erickson, Kevin Landgraver, Bruce Lemke, Dennis Libby, and
Jon Ressler. Representing Staff were Community Development Director Jeremy Barnhart, City Planners
Melanie Curtis and Laura Oakden, and Recorder Jackie Young. Council Member Wendy Dankey and
Mayor Dennis Walsh were present.
Chair Thiesse called the meeting to order at 6:30 p.m., followed by the Pledge of Allegiance.
NEW BUSINESS
1. OATH OF OFFICE
The oath of office was administered to Planning Commissioners Bob Erickson, Dennis Libby, and
Jon Ressler.
2. APPROVAL OF PLANNING COMMISSION MEETING MINUTES OF
MARCH 19, 2018
Lemke moved, Landgraver seconded, to approve the minutes of the Orono Planning Commission
meeting of March 19, 2018, as submitted. VOTE: Ayes 6, Nays 0.
3. LA18-000033 JEFF MARTINEAU, 1335 ARBOR STREET, VARIANCES, 6:34 P.M. —
6:44 P.M.
Jeff Martineau, Applicant, was present.
Oakden noted this application is a resubmittal of a variance request for 1335 Arbor Street. The applicant
is requesting multiple variances for lot area, lot width, front setback, side street setback, and interior side
setback.
The applicant had previously requested the same setback variances as well as a structural coverage
variance. The Planning Commission at its January meeting denied the request due to the structural
coverage variance. The City Council, at its February 2, 2018, meeting, tabled the application and asked
the applicant to redesign the home to meet the structural coverage standards and to bring the application
back through the public hearing process.
The applicant is now proposing to construct a new home, replacing an existing home on the property.
The proposed home will be more centered on the lot. The site is a corner and through lot with streets on
three of the four sides. The new residence will be a ramble style home with a full basement and a two -
stall garage and deck. The lot is located in the RR -1B, two -acre zoning district, and the lot is extremely
small at 0.20 acres in a zoning requiring two acres.
The applicant is requesting a 40 -foot front yard setback where 50 feet is required. In addition, the
applicant is requesting a 7.5 interior side yard setback where 10 feet is required and an 8.5 -foot side street
setback where 30 feet is required. The front and interior side yard setbacks seem reasonable for the small
lot location. The proposed site plan shows window wells which encroach closer to the setbacks than the
Page 1 of 21
MINUTES OF THE
ORONO PLANNING COMMISSION
Monday, April 16, 2018
6:30 o'clock p.m.
principal building. Per City Code, window wells are permitted to encroach into the setback but not
extend more than five feet from the building.
Staff finds there are practical difficulties inherent to the lot area, lot width, and proposed setbacks due to
the size of the lot. The lot is also unique in that it has street abutting three sides of the lot.
Staff recommends approval.
The Planning Commission had no questions for Staff.
Jeff Martineau, Applicant, stated as the Planning Commission is aware, the previous application requested
a structural coverage variance. Martineau stated at first blush he did not believe he could construct the
house to meet the structural coverage without building a two-story, but after further consideration and
discussions with the property owners, the proposal is for a full basement rambler style home with a two -
stall garage and a deck.
As it relates to the fireplace, Martineau stated hopefully that can be resolved by calling it a cantilever and
working within the setbacks. If that is not possible, it will have to be moved within the footprint.
Libby asked if the additional dimensions affect any egress or ingress points.
Martineau stated if Commissioner Libby is asking whether they have the ability to service lower
bedrooms with egress, arrangements have been made that the lower bedroom windows would be able to
be accessed egress -wise by the window wells. The other window wells would be located on the left side
of the residence and do not require a variance.
Libby stated he was more concerned about egress and ingress versus for exits and entrances versus the
egress windows.
Martineau noted the door faces Prospect but there is a sidewalk that goes to the garage, which exits onto
Arbor Street. As it relates to other egress areas in the house, the patio with a sliding glass door is located
off the eating area and is located on grade. To the right side of the house, there would be an access to the
garage. Martineau noted the egresses are the front door facing Prospect, the garage door, and the patio
door on the main floor.
Thiesse asked if he substantially reduced the pitch of the roof.
Martineau indicated they did. The approximate height of the new roof is 27 feet.
Chair Thiesse opened the public hearing at 6:42 p.m.
There were no public comments regarding this application.
Chair Thiesse closed the public hearing at 6:42 p.m.
Landgraver commented the applicants have done a good job at redesigning the house.
Thiesse stated in his view the house will fit the neighborhood well.
Page 2 of 21
MINUTES OF THE
ORONO PLANNING COMMISSION
Monday, April 16, 2018
6:30 o'clock p.m.
Ressler stated he does not disagree and that it is compatible with the other homes in the area.
Erickson commented it is an attractive design.
Landgraver moved, Erickson seconded, to recommend approval of Application No. LA18-000033,
Jeff Martineau on behalf of Barbara Garcia, 1335 Arbor Street, granting of variances to lot area,
lot width, front setback, side street setback, and interior side setback. VOTE: Ayes 6, Nays 0.
4. LA18-000012 MARK STIPAKOV, 2150 SIXTH AVENUE NORTH, SUBDIVISION
RESOLUTION AMENDMENT, 6:44 P.M. — 6:51 P.M.
Mark Gronberg, Surveyor, was present on behalf of the Applicant.
Curtis stated the applicant is requesting approval of an amendment to the original conditions of
subdivision approval regarding the driveway and private road serving the homes located on the driveway.
The request is to allow a hammerhead type turnaround in lieu of the typical required cul-de-sac. The
turnaround will require the creation of an easement into the subject property. The impetus for the request
is the applicant's desire to develop the now vacant property, which is shown as Lot 2.
The applicant has provided a plan which creates a private road. Currently there is a private driveway
serving two homes. The applicant is proposing to increase the width of the existing driveway from 12
feet to 24 feet until it branches off to the northeast approximately 120 feet into the driveway where a
20 -foot wide hammerhead is shown to provide backup opportunity into the applicant's property. This
configuration appears to meet the dimensional requirement for a turnaround. Beyond the 24 -foot width
private road the two homes at 2140 and 2150 will be served by a private driveway. The hammerhead will
be accomplished by the creation of an easement over the applicant's property dedicated to the public,
benefitting the public and the adjacent property owners.
Staff recommends approval of the road improvement plan, including the easement as proposed on the
survey. Staff further recommends approval of the requested amendments to the subdivision resolution. A
separate private road easement should be drafted to address the hammerhead area.
Thiesse asked if the hammerhead meets the intent of the City.
Curtis stated she believes it does.
Lemke asked if there are any issues with emergency vehicles.
Curtis indicated she has discussed this with the fire chief and the applicant and that in the fire chief's view
it will comply.
Mark Gronberg stated he is available to answer any questions.
Chair Thiesse opened the public hearing at 6:46 p.m.
Bill Tyler, 2160 Sixth Avenue North, asked whether there will be any trees removed.
Page 3 of 21
MINUTES OF THE
ORONO PLANNING COMMISSION
Monday, April 16, 2018
6:30 o'clock p.m.
Gronberg indicated the 32 -inch willow tree will be removed and that they are attempting to save as many
trees as possible.
Thiesse noted the attempt to save some of the trees is the reason for the variance request.
Tyler commented that is his biggest concern and that he would like to see as few of the trees cut down as
possible.
Steve Gibson, 2146 Sixth Avenue North, stated he had the same concern regarding the trees. Gibson
asked why the hammerhead needs to be so large.
Curtis stated the proposal is an attempt to comply with the requirements of a cul-de-sac and that the
hammerhead needs to accommodate emergency vehicles.
Chair Thiesse closed the public hearing at 6:50 p.m.
Landgraver and Lemke stated they do not have any concerns with the application.
Lemke moved, Ressler seconded, to recommend approval of Application No. LA18-000012, Mark
Stipakov, 2150 Sixth Avenue North, granting of an amendment to the original conditions of
subdivision approval regarding the driveway. VOTE: Ayes 6, Nays 0.
5. LA18-000034 APEX HOLDING, LLC, 2635 KELLEY PARKWAY, FINAL PLAT, FINAL
MASTER DEVELOPMENT PLAN AND REZONING, 6:50 P.M. — 7:11 P.M.
Sanjeev Mangalick, Apex Holding, was present.
Curtis noted this proposed project for a 70 -unit senior living apartment building went through a sketch
plan review in 2016 and received preliminary approval in 2017. The applicants are now seeking final plat
approval, final master development plan approval, and rezoning from RR -113 PUD to RPUD. The
concept master plan was approved with flexibility from specific sections of the RPUD requirements as it
relates to the parking lot and driving lane setback, the private recreational area, and the hardcover.
The final plans as submitted are generally consistent with the previously reviewed preliminary plat. The
two-story building reflects 70 units, which consist of 22 memory care, 24 assisted living, and 24
independent living units. Per the Metropolitan Council, all units count toward the City's density
calculation.
The developer should address the comments from the City Engineer prior to placement on the City
Council agenda.
The parking plan reflects 85 total parking stalls, with 46 surface spaces and 39 underground spaces. This
is consistent with the number approved within the concept plan review.
The Stonebay development has established a certain design characteristic. During the concept review
Staff recommends that the building materials be consistent with the pattern established by the Stonebay
development and include architectural shingles, cement/fiber board siding, brick and/or stone. The
proposed materials appear to be consistent with the Stonebay design characteristics.
Page 4 of 21
MINUTES OF THE
ORONO PLANNING COMMISSION
Monday, April 16, 2018
6:30 o'clock p.m.
The City's consulting engineer has provided a detailed review and comments on the plan. The developer
should address all applicable comments prior to placement on the City Council's agenda. In addition, the
developer should comply with the permitting requirements from the MCWD and Hennepin County as
necessary.
To date, no additional public comments have been received.
Staff recommends approval of the master development plan, approval of rezoning to RPUD, and final plat
conditioned upon compliance with the requirements of the City's consulting engineer and permitting
requirements of the other regulatory agencies.
Thiesse noted in a comment received from the Metropolitan Council in regard to the 2040 Comprehensive
Plan Update, they state the City should note that the minimum density of land guided to address this is
eight units per acre. Thiesse asked what that relates to.
Barnhart stated the Metropolitan Council establishes certain goals, such as work force housing goals, and
that the Metropolitan Council looks at those areas that are guided for eight units per acre as meeting those
goals. The Metropolitan Council does not identify specific locations within the City for that type of
housing. Barnhart noted when the 2030 Comprehensive Plan was developed, the range was six units or
more.
Landgraver noted that is a 33 percent increase.
Thiesse asked whether the 33 comments of the engineer are requirements or whether they are simply
desired amenities.
Curtis indicated some of them are requirements.
Thiesse asked if the grinder pump is a requirement.
Curtis indicated she does not know the answer to that at this time but that the motion by the Planning
Commission should be conditioned upon the comments of the engineer.
Landgraver asked if there was some discussion previously about the stormwater pond needing to be
modified.
Thiesse noted that was included in the engineer's comments.
Sanjeev Mangalick, Apex Holding, stated they did receive a list of the engineer's comments and that their
engineer is here and he can answer any specific questions. Mangalick indicated he did speak with the
contractor and they do not have any issues with any of the recommendations. Mangalick stated they will
make sure they comply to the City's needs and requirements. As it relates to the pond, additional
engineering is needed but that it will be designed accordingly.
Ryan Bloom, Westwood Engineering, stated they were able to get the existing calculations for the
stormwater pond. The pond was designed in 2002 to handle this development as well as one other
development but that since that time some of the regulations have changed. Bloom indicated they will
need to add some additional equipment if the pond is utilized, but that they will likely handle the water on
Page 5 of 21
MINUTES OF THE
ORONO PLANNING COMMISSION
Monday, April 16, 2018
6:30 o'clock p.m.
the subject site. Bloom indicated they will be working with the City and the Watershed District on those
items.
Chair Thiesse opened the public hearing at 6:58 p.m.
Mike Licht, 2670 Kelley Parkway, asked if the first elevation was in a northerly elevation and whether he
can see that again.
Curtis noted it is not in color.
Licht asked to also see the site plan for the parking.
Curtis noted all four building elevations are shown on the overhead and the first page is a rendering of the
building on the site.
Licht asked if the parking will be on Kelley Parkway.
Thiesse noted there is no parking on Kelley Parkway.
Curtis stated there are parking areas along Kelley Parkway as part of the site and then on two sides of the
building. In addition, there will be underground parking.
Licht asked if the above -ground and underground percentage -wise meets the City's requirements.
Curtis indicated it does.
Louise Kanive, 2670 Kelley Parkway, asked if they mean parking on Kelley.
Curtis stated the parking would be on the property and that there will be 46 surface parking lots and 39
below ground.
Kanive asked where the employees will park.
Curtis stated she is not sure that has been addressed at this point.
Kanive asked how many employees there will be.
Curtis stated the parking assumes X number of employees based on the number of beds, which is
proposed at 70 units. Curtis noted a portion of the building consists of 22 memory care units and those
residents will not have vehicles.
Kanive asked if a traffic study has been done on Kelley Parkway. Kanive stated with no left turn onto
Kelley from Cascade or off of County Road 6, that has negatively impacted Kelley, and that people going
to the school also utilize Kelley.
Thiesse stated he is not aware of a study. Thiesse asked what the property is zoned at.
Page 6 of 21
MINUTES OF THE
ORONO PLANNING COMMISSION
Monday, April 16, 2018
6:30 o'clock p.m.
Curtis stated it is currently zoned RR -1 B, RPUD. The property was originally guided for commercial
office.
Thiesse noted the amount of traffic with this proposal will be less than the commercial building.
Barnhart stated a traffic study was not done on this project but there was a traffic study done on a similar
project that was guided for office but was proposed for a condominium which found that residential
generated less traffic.
Chair Thiesse closed the public hearing at 7:06 p.m.
Thiesse noted the Planning Commission reviewed this application back in August of 2017 and that the
developer incorporated the comments of the Planning Commission.
Landgraver stated the estimated traffic flows down Kelley Parkway have probably changed quite a bit
given the changes down at the other end of Crystal Bay Road. Landgraver noted the residents that will
live in this facility will not generate a lot of traffic.
Lemke indicated he is in agreement with Commissioner Landgraver and that the traffic generated from
the site will not be during peak traffic hours. Lemke stated he likes the proposal and that it fits the
location.
Ressler indicated he is in favor of the proposal and that anything else proposed for the site would likely
generate more traffic than this proposal.
Libby stated in August he heard some of the same concerns and that the local residents understand the
traffic patterns. Libby stated this type of development has a high need in the community given the aging
population and that he agrees with Staff that this is a lower traffic development than a commercial project.
Erickson stated the Comprehensive Guide Plan Committee determined that multiple housing was an
improvement over office/commercial and that in his view this is a good location for the proposed use.
Landgraver suggested the applicants do a parking reconciliation of employees and residents before going
to the City Council to give a better idea of the traffic that might be generated from the site.
Sally Novak asked if the front of the building is the north side or the south side.
Curtis indicated the front of the building is facing Wayzata Boulevard.
Novak asked how they would exit from the parking lot.
Curtis indicated people can drive around the entire building, but they can only exit onto Kelley.
Landgraver moved, Erickson seconded, to recommend approval of Application No. LA18-000034,
Apex Holding, LLC, 2635 Kelley Parkway, granting of site plan approval, Comprehensive Plan
Amendment, and rezoning. VOTE: Ayes 6, Nays 0.
Page 7 of 21
MINUTES OF THE
ORONO PLANNING COMMISSION
Monday, April 16, 2018
6:30 o'clock p.m.
6. LA18-000035 K. RYAN HASSE, 3800 SHORELINE DRIVE, CONDITIONAL USE
PERMIT AND SITE PLAN REVIEW, 7:12 P.M. — 7:52 P.M.
Ryan Hasse, Applicant, was present.
Oakden stated the applicant is requesting a conditional use permit for a dog kennel and site plan review.
Kennels are listed as a conditional use in the B-5 district.
The applicants propose to use the existing building at 3800 Shoreline Drive for DogHaven, a dog daycare,
grooming spa, and training facility. They will offer overnight boarding on a limited basis. There will be
staff onsite anytime there are dogs being boarded overnight. A staff member will also always be present
if dogs are using the outdoor area. To the north of the site is the Hennepin County garage, to the south is
Shoreline Drive, to the west is a retail shop, and to the east is the Navarre Fire Station.
The applicants are proposing to update the existing building fagade by painting the exterior gray with
white trim and replacing the roof with a dark gray metal to match the proposed building. They are also
proposing to construct a 1,932 square foot accessory structure on the site, which will match the color
scheme of the existing building. This accessory building will be one large room with one restroom and
will be used as an indoor play area for the dogs year-round. The applicants will also add a 6 -foot white
vinyl privacy fence around the outdoor dog area with a 10 -foot setback from the property line. There is a
small "potty grass" area that will be added to the site between the two buildings.
The existing parking lot will change slightly. Currently eight parking spaces exist, with the new parking
plan showing seven parking spaces due to the placement of the accessory building, which will remove
one space from the lot. The applicant will restripe and maintain the seven proposed parking spots. The
ordinance does not anticipate the proposed use so Staff used the ratios for day nurseries, which was also
used for The Woofington. Per City Code, day nurseries require four parking spaces, plus one for each
500 square feet in excess of 1,000 square feet of floor space in the principal structure.
Following City Code, this use would require five total parking spaces. If the accessory building is added
into the calculation, eight spaces would be required. The Planning Commission should discuss the
parking on the site.
All setbacks and site coverage have been met with the proposal.
Oakden stated all uses have impacts on the surrounding area and uses within a commercial district can
expect a certain elevated level of traffic, noise, and lighting over residential use. The proposed use may
generate additional impacts over these expected impacts due to dog barking and smells sometimes
associated with animals and animal boarding. The applicants are well aware of the noise concerns and
has taken multiple steps to address these through building design and operations.
A comment has been received from Hennepin County today recommending that the gravel drive onto
Shoreline Drive be removed. No other public comments have been received on the application.
Planning Staff recommends approval of the conditional use permit and site plan subject to the following
conditions:
The operator maintains the annual kennel license. Failure to maintain the kennel license shall
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cause the Conditional Use Permit to lapse.
2. Dogs shall be supervised while outdoors at all times.
3. All MCWD requirements are met.
4. Re -strip the parking lot to improve and identify the parking stalls.
Lemke asked if there are any elevation views of the fencing.
Oakden stated the applicant is proposing a 6 -foot white vinyl fencing and that they have not submitted
any samples.
Lemke asked if there is a floor plan for the building.
Oakden noted there will be one bathroom in the accessory building, which will be used for a year-round
play area and will be largely open. Also within the building will be some indoor kennels and offices.
Lemke asked if the applicants are proposing overnight kenneling.
Oakden indicated they are proposing limited overnight kenneling.
Thiesse asked how many animals are being proposed.
Oakden indicated the applicant will need to address that. The license granted would be a kennel license
and it would have to be renewed annually.
Libby asked if there is any information from Hennepin County as to why they propose the elimination of
the other drive.
Oakden stated if there is an unused driveway access off a county road, they will ask that it be removed.
Libby commented he would be interested in hearing information about soundproofing from the applicant.
Ryan Hasse, Applicant, stated they worked closely with City Staff to ensure their plan met all of the
ordinances and requirements associated for the B5 zoning district. Hasse stated they do expect this
business to operate close to what the district allows for with some exceptions.
With regard to sound, to the north of the property is the Hennepin County maintenance facility, which is a
considerable distance from this property. To the east is the fire department with a number of trees in
between the two properties. Hasse stated they will not allow the dogs to just sit there outside and bark. In
addition, the street is to the south and the Hope Chest is the closet neighbor and is to the west. Hasse
indicated they took all that into consideration when designing their proposal.
Hasse stated the accessory building would be a square building and that they have worked with the
planners to meet the ordinances and codes to ensure it would be in compliance and to build an appealing
structure. Hasse noted a dog park was opened in Orono not too long ago and is very popular and that they
are creating a beautiful space for dogs to be indoors during the winter and outdoors during the summer.
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Nicole Speck, Orono, noted The Woofington is for small dogs only and that there is a need for a large dog
space in Orono. As part of this proposal the dogs will be fenced in and will be supervised. Speck stated
their clients bring their dogs to them so the dogs can learn to be well behaved and that they want to
provide that service in a way that is productive for everyone. Speck stated they are open to feedback from
the neighbors, noting that the dogs will not be permitted to bark constantly. If there are dogs that are not
able to be helped, they will be let go.
Speck indicated she has worked in the dog industry for 20 years and that the goal is to create great canine
assistance for the community. Speck stated in her view the way they have structured it achieves that goal.
Hasse stated because the ordinance does not necessarily contemplate this type of use as it relates to
parking, theoretically by ordinance they will exceed the parking requirements for the proposed business
use. The second building will just be used for dogs and one staff member. Hasse indicated people will
drive in at the front, drop off their animal, and leave. Hasse stated in their view the parking is adequate,
but that they do have a 35 percent hardcover limit so they have the ability to add parking if necessary.
As it relates to the second driveway, Hasse stated that is an old, unmaintained driveway that they would
be happy to remove since they do not plan on using it.
Speck commented their kennel is unique and that they will not be kenneling dogs in the traditional sense.
The facility will be a cage -free boarding facility and the dogs will be treated like they are in their own
home. Speck noted they will only be kenneling a very small percentage of dogs by reservation only and
those dogs will be with a staff member.
Hasse stated offering boarding to their existing daycare clientele is the goal and that this will not be the
traditional boarding kennel where people can just bring their dog in. Hasse indicated they will be catering
to a higher clientele so their dogs can have an at-home experience.
Thiesse asked on average how many dogs there will be at the facility.
Hasse stated the smaller structure will handle 15 dogs at capacity but that it is not likely all those dogs
will be there at the same time. The bigger structure will have around 35 to 40 animals at capacity. Hasse
stated in the summertime there might be a greater capacity by using the outdoor area but that they are
looking to create a quality experience for the dogs.
Speck stated they are primarily a daycare for the dogs during the day and that nighttime boarding of dogs
will be very limited. The overnight capacity will probably be ten dogs. The business will primarily be a
Monday through Saturday daycare and that they will only be taking the best of the dogs to be kenneled
overnight. Speck indicated there will not be high volume on the weekends.
Thiesse asked how many dogs there would be per staff person.
Speck indicated they are looking at 1 to 15 or 1 to 12.
Hasse stated that is considerably better than industry average, which is 1 to 30 is acceptable
Lemke asked what the hours will be.
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Hasse indicated it will be 7:00 to 7:00 Monday through Friday and 7:00 to 2:00 on Saturday.
Libby stated given the amount of thought put into sound mitigation, he is less worried about that aspect.
Ressler stated if you look at the neighbors, there is County Road 15, the maintenance facility, and that he
could probably argue that the neighbors are going to generate more noise than this facility. Ressler stated
the concern is at night or when those businesses are not open. Ressler asked if the dogs will be outside at
night.
Speck stated the dogs will be let outside once in a while for a potty break but that it will be brief and there
will be no play time. Speck indicated those dogs will be confined to the potty pen and will not be running
around the yard.
Ressler asked if The Woofington also has an outside play area.
Oakden indicated they do.
Ressler asked if the City has received any complaints regarding The Woofington.
Oakden stated they have not.
Thiesse noted urination will permeate in the warmer months and asked what their plan is to address that.
Hasse pointed out the primary area where the dogs will be trained and the potty area. That area will be
maintained to a high degree and that potty grass that will be utilized is an industry specific product and is
a 100 percent permeable product. Hasse indicated the dog waste will be shoveled and then the solid
waste will be gathered essentially as soon as it happens, put in a bag and sealed, put in another bag and
sealed and then put in a cart that is then hauled away with the trash.
Speck stated the dogs will be put in a potty area that is not the yard before they are brought indoors and
that they want to confine the waste to one area as much as possible.
Landgraver stated he does not completely understand the business model and that when he hears 55
maximum dogs, he is not sure what the staging or the sequencing of dogs being dropped off will be.
Hasse stated Nicole has a good understanding of the traffic patterns and that the idea is to have the
employees park in the back and the customers in the front. The goal is to have a quick exchange that will
take about two to three minutes, which is what the customers also want. Hasse indicated they can process
a lot of drop-offs at the same time. Hasse stated the other element is that all those dogs will not
necessarily come in at the same time and that some dogs will be there half time and some dogs are
brought to be groomed. Hasse stated in his opinion there will never be 55 dogs there at one time based on
their experience but that they would be willing to add more parking if deemed necessary.
Speck noted there is no primary drop-off and pickup time, and that based on her experience, the proposed
parking is very reasonable. Speck stated the clients will be in and out in a short period of time.
Ressler asked if the City has any guidelines as it relates to kennels.
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Oakden stated as it relates to the conditional use permit, it does not specify a number of dogs and the City
does not have any numbers outlined as far as commercial kennels and dogs.
Libby asked if there is a way for the dogs to enter into the other part of the yard or get loose. Libby noted
Orono has a leashing law that is enforceable and that he does not want any loose dogs running around.
Hasse noted they have elected for a 10 -foot setback on the fence and a 6 -foot high vinyl fence. The fence
will be 100 percent opaque and the dogs will not be able to see through it. Hasse stated they do not want
the dogs to get out because it hurts their reputation and that the fence is designed to be dog -proof. In
addition, any area where the dogs will be outside will be fenced.
Landgraver asked if there will be a person on site at night.
Speck indicated there will be a staff member there at all times.
Thiesse asked if anyone would be living in the house.
Hasse indicated there will not be.
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 asked if a kennel license is revocable.
Oakden stated the City Clerk manages all the licenses, but since this will be a conditional use permit,
conditions can be set to be reviewed. Oakden stated to her knowledge there are some standards to revoke
a kennel license.
Lemke stated he is concerned about the amount of parking but noted the applicants are amenable to
increasing it.
Oakden suggested the Planning Commission request proof of parking, and if complaints are received, the
applicants could perhaps add parking in the future.
Landgraver asked what parking was required for The Woofington.
Oakden stated it was four spaces and then one space for every 500 square feet in excess of 1,000 square
feet of building, which is what the Code reads. Oakden noted the parking has actually been made stricter
since The Woofington was approved.
Thiesse asked if they only require one more parking space.
Oakden indicated that is correct, and if the main building is only counted, they would be required to have
five. If the accessory building is included, they would require seven, which leaves them one short.
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Libby stated he is less concerned about the parking. Libby noted this is conjecture, but that they might be
talking about 100 trips a day in and out, with a lot of it going out onto County Road 15, which leads into
Navarre. Libby stated the Navarre area has some traffic management problems.
Thiesse agreed that there are issues with traffic.
Landgraver noted this is zoned for commercial and that he does not know how to evaluate the parking.
Landgraver stated it looks like there is ample space to add parking if necessary.
Thiesse stated it would be in the applicants' best interests to have sufficient parking for their clients.
Erickson commented the closure of the second driveway is a plus.
Thiesse asked if the restriping of the parking lot is a request.
Oakden stated it would be in their best interests to do so, and if it is removed, the area would be restored
to grass.
Thiesse asked if the Watershed requirements are being met.
Oakden stated Staff has been in discussions with the Watershed District and that Staff will incorporate
any written comments received from the MCWD, but during the discussions no red flags were raised.
Landgraver recommended the applicants put together a statement outlining the business hours and staff
level for the City Council.
Lemke moved, Libby seconded, to recommend approval of Application No. LA18-000035, Ryan
Hasse, Nicole Speck, and Gary Johnson, 3800 Shoreline Drive, granting of a conditional use permit
and site plan review, subject to Staff recommendations. VOTE: Ayes 6, Nays 0.
7. LA18-000036 ORONO APARTMENTS, LLC, 2745 KELLEY PARKWAY, SITE PLAN,
COMPREHENSIVE PLAN AMENDMENT AND REZONING, 7:53 P.M. — 8:45 P.M.
John Patch, Applicant, and Neil Weber were present.
Barnhart stated the City has received a request for a comprehensive plan amendment, site plan review,
and rezoning. The proposed site is currently vacant and is located immediately south of the Orono Public
Works garage. The property is currently zoned B-6 PUD and is guided for Commercial Office use. The
site is and has been vacant for many years.
The property owner is proposing construction of a 56 -unit apartment building on the 2.55 -acre property.
Improvements will include the 2.5 story building, underground parking, and surface parking. A
Comprehensive Plan Amendment is required to complete this project as well as rezoning to RPUD.
RPUD rezoning requires approval of a master site plan.
Building setbacks are met under the proposal. Parking is proposed via an extension of the existing shared
parking lot. The north and west parking setbacks are not met but are consistent with the existing parking
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setbacks. Setbacks for the parking spaces on the west side are shared with the lot to the west and a 20 -
foot setback is impractical and counter to the goals of sharing parking spaces.
The building has a proposed defined height of 29 feet. This defined height meets requirements and is
lower than the Lofts across the street and the senior housing project next door. During the sketch plan
review, some comments were received regarding the height of the building and its impact of blocking
views from the condominium building. The applicant has provided a sketch showing the height
differential between the subject building and the adjacent Stonebay condos. The apartments will consist
of one, one -plus, and two-bedroom units.
The site plan includes two driveways onto Kelley Parkway. There is no access to Wayzata Boulevard.
One of the accesses already exists and is shared with the medical office to the west and is on the property
line. The second access is generally 155 feet west of the northeast corner. This driveway does not line up
with the driveway across the street. It was recommended during the concept plan review that the
driveway line up with the drive on the north side of Kelley Parkway. From Staff's perspective, it is not
critical that the drives line up since the two drives in question are used almost exclusively by city
employees and one of the drives is primarily an entrance only. If the driveway is shifted to the east, it
appears it will impact stormwater retention options.
Parking includes 54 surface stalls and 72 underground stalls. Parking requirements equal two spaces per
dwelling unit. Assuming 56 units, 112 spaces would be required per City Code and the applicant is
showing 126 parking spaces. Fourteen of those spaces are shared with the medical office building to the
west.
A trail along the south property line is anticipated as part of the Stonebay project. Preliminary plans by
Hennepin County for the upgrade of Wayzata Boulevard include a trail along the north side of Wayzata
Boulevard. The applicants should expect that a trail will be required along their south boundary, with a
possible connecting link to Kelley Parkway along the west edge of the stormwater pond.
RPUD standards include a requirement for 10 percent of the site being dedicated to private recreational
purposes. The plans do not show any private recreation and the discussion during the concept plan review
involved payment of a fee in lieu of the private recreational requirement.
It was originally anticipated that the stormwater from the site would be collected and diverted to the large,
regional pond to the east. However, based on new stormwater requirements, the stormwater will be
collected and treated on site through three rain gardens along the south and east property areas.
The property is not within the Stormwater Overlay District, but if developed as an RPUD, it would be
subject to a maximum hardcover per lot of 50 percent. Hardcover is proposed at 55 percent. A portion of
the hardcover consists of the shared parking and dumpster enclosure along the west side.
To date Staff has received one written comment in opposition to the zone change.
Barnhart stated the Planning Commission should address the issues outlined in the staff report.
Lemke asked if there was consideration for a walkway along the south or the north.
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Barnhart noted Staff did recommend the sidewalk along the north side of the property be continued to the
east.
Erickson noted there are overhead utilities along Wayzata Boulevard. Erickson asked if there is any
requirement for underground utilities.
Barnhart indicated there is not for existing utilities.
Neil Weber, Weber Architects and Planner, stated this is a simple 56 -unit apartment building. The intent
is to construct quality market rate apartments. Sixteen units will be two-bedroom and the rest will be one
bedroom plus a den.
Since the concept plan review, soil borings have been taken and they confirm that the water table is
approximately eight feet below grade, which is the reason the underground parking is slightly above
grade.
Weber indicated they are in agreement with the ten conditions outlined in Staff report and that they will
add to the landscape plan depending upon what is done with the grading and stormwater. Weber stated
they were told in a preliminary sense from the Watershed District that they could use the holding pond but
that the rules have changed since the pond was constructed and so they will need to look at that further.
Weber stated if the pond is not able to be used, there is an alternative on the site, and that they would have
to apply for a permit if they utilize the existing stormwater pond.
Weber stated this is a pretty straight forward project. The area of the parking on the west side of the
property is owned by the dentist and he would like to maintain the legal easement over the shared
parking. Weber stated the only time that parking would be needed by the medical building is at their peak
times and the only times the apartment building will need that parking is in the evenings and on the
weekends.
Weber stated the market is here for this type of housing and that this will be a quality project. Weber
stated they are available for any questions.
Libby stated he would complement the developer on the ergonomic designs of the floor plans. Libby
noted the number of unoccupied units is somewhere in the area of 2 to 2.5 percent, which is very low and
makes it difficult for people who want to rent in this area. Libby asked what the market rent statistics are
for the units. Libby stated in his view this will be an extremely high -demand commodity.
Patch stated they are shooting for the range of $1,500 to $2,200 per month rent. The penthouse units will
likely run around $3,300 a month. Patch noted there are no new apartment buildings west of 494.
Libby stated that is extremely competitive and that the median rent is $2,000.
Weber commented one of the hardest concepts that he has been able to grasp is that there is a tremendous
desire in the market not to own a home. Weber stated a number of people want the flexibility of an
apartment, are willing to pay the rent to live in a nice place, and that Mr. Patch has identified that as a big
market in this area.
Libby noted this area is pretty devoid of trees. Libby stated he would like to see some larger scale trees.
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Patch stated they are willing to work with the City on the landscaping.
Weber indicated they have hired Otten Brothers to do the landscape and they have been instructed to
match the scale of the existing landscaping of Stonebay.
Lemke noted most of the topography around the rain gardens is negative. Lemke asked how the rain
gardens will work.
Weber stated there will only be water in the rain gardens for a limited time depending on the amount of
rainfall. Weber noted they will be altering the landscape plan once they receive direction on the
stormwater but that he wanted to point out that the stormwater can be taken care of multiple ways.
Chair Thiesse opened the public hearing at 8:22 p.m.
Louise Kanive, 2670 Kelley Parkway, stated her concern is traffic on Kelley Parkway and that this project
will be adding 56 units and possibly 112 drivers. Kanive stated Kelley Parkway cannot take that much
traffic.
Kanive stated given the water table, the watershed, and putting up so much more concrete from what is
currently there, she is also concerned about runoff.
Kanive asked whether there can be any egress or ingress off of Highway 12.
Thiesse indicated no.
Barnhart stated the overall design of the area prohibited access onto Wayzata Boulevard even before the
Stonebay development was completed. Barnhart stated Hennepin County is attempting to limit access
onto Highway 112.
Kanive asked if there is an occupancy permit in Orono. Kanive asked whether someone can have 14
people living with them in a one -bedroom unit; and if there is a limit on the number of people, who would
monitor that.
Barnhart stated there is not a limit to the number of people the City classifies as a family. Barnhart stated
the Building Code has certain requirements relating to occupancy in a building based on the size of the
unit or building.
Kanive stated there should be some type of limit on the number of people who can occupy a one -bedroom
Apartment. Kanive asked what the City's definition of a family is.
Barnhart noted that definition will be discussed later this evening, but that a family does not have to be
related and there is no limit to the number of people in a family. Barnhart stated the landlord can
establish limits on the number of people.
Weber stated his experience has been that the number of occupants is handled by the housing ordinance
and is not a zoning issue. Weber stated the number of tenants in this case would be controlled by the
property owner and the last thing he would want is to have 10 people in a one -bedroom apartment.
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Weber indicated that would be handled in the lease arrangement and the bigger cities tend to have
housing codes.
Libby stated cities do use their housing authority to regulate that and that most real estate agents tend to
abide by those. Libby stated the Minneapolis Housing Authority allows up to five unrelated people, and
if they were blood family members, then it was a different rule. Libby stated unless there were
complaints, it was a rare occasion that the Housing Authority did anything to enforce that.
Barnhart noted Orono does not have a housing authority.
Kanive stated the Stonebay development is not completed and that there are a number of other
townhomes that will go in there at some point. Once that happens, they will be adding more onto Kelley
Parkway than what is already there. Kanive stated she sees the need for the apartment building but that
she is not sure if the location is adequate enough for it.
Mike Licht, 2670 Kelley Parkway, stated he is familiar with some of the people involved in the two
projects currently under consideration. Licht stated from sitting in the audience, it seems that the City has
taken commercially zoned property piece by piece and turned it into residential property. Licht stated in
his view both projects will be good from a construction standpoint but that it seems the City is somewhat
setting a precedent for one of the bigger pieces that are left to become a residential piece of property as
well. Licht stated in the long-term, the piece on the corner could very conceivably be in front of the
Planning Commission for an even bigger building.
Licht stated when they are increasing the traffic on Kelley Parkway and the density of the property as
opposed to commercially zoned parcels, the City should also be thinking about the infrastructure that is
needed and not just focus on the project itself. Licht stated it is already difficult to get in and out of there
right now and that they will be adding more units this year and again at some point in the future.
Thiesse stated it is his understanding traffic counts and infrastructure were anticipated for this area and
that what they have learned from other projects is that residential creates less traffic than commercial.
Landgraver stated to his knowledge the traffic studies didn't take into account the school expansion and
the left turn prohibition onto Old Crystal Bay Road. Landgraver noted this area has two feeders within
150 feet of each other, which are contributing to the traffic problems.
Thiesse stated until the school starts handling their traffic better, there will be problems.
John Hovanec, 2670 Kelley Parkway, stated it looks to be a terrific building but that he is concerned
about Kelley Parkway. Kelley Parkway is currently a two-lane roadway, there are emergency vehicles
periodically, and students and parents using the road as a major thorough way. Hovanec stated he also
sees lots of kids on the paths. Hovanec stated safety is a great concern of his, and while he knows
Hennepin County is attempting to limit entry onto Wayzata Boulevard and the road from Willow Drive
west is a project for next year, it might be worth looking at moving some of that traffic from Kelley
Parkway back onto Wayzata Boulevard to make it safer and better for everybody.
Chair Thiesse closed the public hearing at 8:35 p.m.
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Barnhart stated with respect to the comments about traffic on Kelley Parkway, the City Engineer and
Staff have been working with the school district regarding the traffic and the road layout. Barnhart stated
he will see if he can provide additional information on that subject at the City Council meeting. The City
Council and the School District does recognize the concerns with traffic backing up on Old Crystal Bay
Road and that they are planning longer term solutions to the traffic problems on Old Crystal Bay Road.
Libby asked if it is possible to quantify the traffic in the area and compare it to other intersections in the
community to see how it compares.
Barnhart stated the City could do that but that he is not sure what that would accomplish. Barnhart
indicated part of the challenge on Old Crystal Bay Road is the turning movements, which creates more
congestion and slower speeds. Hennepin County is also looking at the City to remove driveways off of
Wayzata Boulevard.
Landgraver commented Staff has done an excellent job reviewing this application and they have
identified the ten major issues. Landgraver indicated he is in favor of the project.
Thiesse stated he hears the concerns about the traffic but that it is his belief the traffic is being caused
more by the school than it is by the development on Kelley. Thiesse noted this is an important piece to all
of Orono in meeting the criteria of the Metropolitan Council.
Lemke indicated he is in agreement and the project meets the needs of the City. Lemke stated he does
have a concern with the two massive buildings next to each other, especially since there is nothing on this
lot right now.
Thiesse noted there is a vacant lot to the south, which will help to some extent, but that it will be
developed at some point.
Ressler commented development of that vacant site is inevitable. Ressler stated development of the roads
and other things will come along with that development. Ressler stated he agrees a lot of the traffic
issues come from Old Crystal Bay Road.
Libby stated he is in favor of addressing the shortage of this type of housing and that Orono really does
not have any other places to put this. Libby stated he is glad people feel comfortable enough to bring
their concerns about the traffic to the City. Libby stated walkability to services is important and helps to
reduce the amount of traffic.
Erickson stated last week they talked about a plan for the Navarre area and possibly increasing density in
that area. Erickson stated if you compare the kind of traffic problems they have in that area to the kind of
traffic problems along Wayzata Boulevard, there really is no comparison. Erickson indicated he is very
comfortable with both of the projects as it relates to Wayzata Boulevard, which currently has less traffic
than it did when it was Highway 12. Erickson stated he is happy to support the project.
Erickson moved, Landgraver seconded, to recommend approval of Application No. LA18-000036,
Orono Apartments, LLC, John Patch, 2745 Kelley Parkway, granting of a Comprehensive Plan
Amendment, a Zoning Amendment to RPUD, and recommending approval of the Master
Development Plan subject to Staff recommendations. VOTE: Ayes 6, Nays 0.
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8. LA18-000024 CITY OF ORONO, TEXT AMENDMENT TO SECTIONS 78-1 AND 82-2
RELATED TO ZONING AND SUBDIVISION DEFINITIONS, INCLUDING IN-KIND, DRY
BUILDABLE AND OTHERS, 8:45 P.M. — 8:58 P.M.
Barnhart noted a wrong word was included in the title of the ordinance and that a revised ordinance has
been placed before the Planning Commission tonight.
Barnhart noted this topic was introduced at the Planning Commission meeting last month and that Staff is
proposing some minor changes to the definitions applicable to the zoning ordinance. Staff has identified
seven different additions or amendments. The Planning Commission is being asked to give additional
feedback at this point.
The following nine definitions are being considered:
Animal unit. Staff is looking to amend the definition to identify the number of animals that
would equal an animal unit.
2. Building height. Staff is looking to amend this definition to remove the height calculation based
on the location of the highest window, which does nothing to impact mass and is addressed by
building height.
Building cornice. Barnhart noted this would be a new defmition to the code and specifies that the
building height calls on the location of a building cornice in certain roof types.
4. Dry -buildable. This term is currently not defined. Dry buildable is useful in determining the
number of lots possible given a particular property and is necessary in preparing subdivision
plans.
Dwelling. Staff is proposing to amend this definition. The change is intended to clarify the
difference between renting a couple of bedrooms and a second unit of bed, bath, kitchen, and
living areas, which is not allowed under the rental licensing program.
6. Family. The amended definition is intended to clarify the difference between one and two-family
dwelling units.
7. In-kind. This would be a new definition and is one that Staff feels is critical in replacing non-
conforming structures and buildings.
The Planning Commission may adopt all or parts of the proposed ordinance. Staff recommends approval
of the draft ordinance.
Lemke asked if dogs are included in the animal units.
Barnhart indicated it is primarily farm animals and that dogs and cats are not included.
Libby asked who set these numbers and whether there is a reference point from other municipalities as it
relates to the animal units.
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Curtis indicated they are a modified state animal unit but slightly more restrictive.
Libby noted as it relates to the words in-kind, a certified fee appraiser often uses the words like kind,
meaning that it is something that is close, similar or identical as possible. Libby stated the word in-kind
does not have a definitive meaning to him and that perhaps Staff should consider revising that.
Thiesse stated currently the ordinance has top of the cornice of a flat roof or the deck line of a mansard
roof. Thiesse stated to him the deck line is the roofline and the mansard roof extends above that. Thiesse
asked if that is a correct reading of the language.
Barnhart stated that is not correct and that the deck line on the mansard roof is the top part.
Thiesse noted there are fake mansard roofs. Thiesse asked if they are measuring from the top of the
mansard roof.
Barnhart indicated that is correct.
Chair Thiesse opened the public hearing at 8:54 p.m.
There were no public comments regarding this application.
Chair Thiesse closed the public hearing at 8:54 p.m.
Landgraver noted it should read blood or marriage.
Barnhart indicated he will strike the word and.
Lemke asked if there is a definition for nursing home as opposed to senior housing.
Libby commented that is a very antiquated term.
Barnhart noted that is existing text and he is not proposing to change that.
Lemke stated it could be senior housing or retirement home, and that he would like to see it removed.
Barnhart noted the intent there is to quantify similar uses that aid in the understanding of the term nursing
home.
Lemke asked if a temporary unit would work.
Barnhart stated nursing home is a generic term and is fine to be used in this context. Barnhart stated he
would recommend keeping it in.
Libby asked whether the City Attorney has reviewed the definitions.
Barnhart indicated he has.
Ressler stated it seems the changes are in line with other cities and that he is supportive of the ordinance.
Page 20 of 21
MINUTES OF THE
ORONO PLANNING COMMISSION
Monday, April 16, 2018
6:30 o'clock p.m.
Ressler moved, Landgraver seconded, to recommend approval of Application No. LA18-000024,
City of Orono, Text Amendment to Sections 78-1 and 82-2 related to zoning and subdivision
definitions, including in-kind, dry buildable, and others. VOTE: Ayes 6, Nays 0.
9. UPDATE ON MARCH 12, 2018, CITY COUNCIL MEETING
None
10. PLANNING COMMISSION LIAISON FOR MAY 14, 2018, COUNCIL MEETING —
JON RESSLER
Barnhart noted most of the items on tonight's agenda will be heard at the May 14 Council meeting.
11. OTHER ISSUES FOR DISCUSSION
Thiesse asked if the City is going to be sending out postcard notifications of sketch plans.
Barnhart stated that likely will be discussed this summer.
Libby stated there is a tremendous amount of dissent and concern with Mediacom both at a business level
and at a personal home level. Libby stated there is interest by Century Link, who has fiber optic
connectively, on coming into the area. Libby stated he has been in discussions with Century Link's
regional design engineer and the Fox Hill neighborhood just ponied out $17,000 for high-speed
connectively. Libby stated reliability is terrible with Mediacom, especially at the Freshwater building,
and that it is difficult to conduct business over the internet at times. Libby noted he has brought this issue
up to the mayor and that he would like to see higher speed internet in more places. Libby stated he can
put City representatives in touch with representatives from Century Link if they are interested in pursuing
this.
PLANNING COMMISSION COMMENTS
None
F1 PiFIli17►1u 1 OWN 11
Landgraver moved, Lemke seconded, to adjourn the Orono Planning Commission meeting at 9:05
p.m. VOTE: Ayes 6, Nays 0.
John Thiesse, Chair
Page 21 of 21
Date Application Received: March 21, 2018
Date Application Considered as Complete: April 10, 2018
60 -Day Review Period Expires: June 9, 2018
To: Chair Thiesse and Planning Commission Members
Dustin Rief, City Administrator
From: Jeremy Barnhart, Community Development Director
Date: April 16, 2018
Council Exhibit C
18-000036
Subject: LAI 8-000036, Orono Apartments, LLC — John Patch, 2745 Kelley
Parkway,
Comprehensive Plan Amendment, Zoning Change Amendment, Site Plan
Public Hearing
Application Summary: The applicant is requesting approval of an amendment to the
Community Management Plan (Land Use) and Zoning Map (Zoning) to develop the 2.55
acre parcel into an apartment building. The Master Development Plan are prerequisites
to the Map and Land Use changes.
Staff Recommendation: Staff recommends approval of the Comprehensive Plan
Amendment, Zoning Amendment to RPUD, and the Master Development Plan, subject
to the following conditions:
1. Metropolitan Council Approval of the Comprehensive Plan Amendment.
2. Approval of the final Master Plan
3. Additional Easements to protect existing water and storm sewer infrastructure.
4. Approval of hardcover waiver as described.
5. Revised Landscaping plan to meet plant number and size requirements.
6. Expansion of the sidewalk along Kelley Parkway
7. Siding material consistent with Stonebay Condominium. An 8' bituminous trail
shall be provided along the southern property line.
8. Payment of fees as prescribed.
9. Watershed approval of the drainage and erosion control measures.
10. Building shall meet all fire and building codes. Fire chief shall approve all
hydrant/ connection locations.
Background
The property under review is Lot 1, Block 2 of the City of Orono Addition, and is located
immediately south of the Orono Public Works garage. The property is currently zoned B-
6 PUD, and is guided for Commercial Office use. The site is and has been vacant for many
years. In 2004 a plan was developed for a proposed office building; though no formal
action on that plan occurred.
FILE #LA18-000036
April 16, 2018
Page 2 of 8
There does not appear to be a market for additional office space in Orono, and the
Comprehensive Plan suggests no retail uses west of Willow Drive, reducing the land use
options for the subject parcel.
In February 2018, the City Council reviewed the project in the context of a sketch plan
(Case Number 18-4002). This proposal is generally consistent with the sketch plan. The
minutes from the City Council meeting is attached as Exhibit J.
Proposal
The property owner proposes the construction of a 56 unit apartment building on the 2.55
acre property. Improvements will include the 2.5 story building, underground parking, and
surface parking and associated utility connections. To complete this project, a
Comprehensive Plan Amendment will need to be approved, as will a rezoning to a RPUD.
RPUD rezoning requires approval of a Master site plan.
The apartments include 1, 1+, and 2 bedroom units. All units are proposed to be market
rate. No financial subsidy is requested.
The building is U shaped and fronts Kelley Parkway. The defined height of the building
was found to be 29 feet. The building elevations suggest rock accents similar to the
Stonebay Condominium building. The building is of a residential style, with a peaked roof,
consistent with the RPUD standards.
The property has been located within the Metropolitan Urban Service Area (MUSA) in the
1980's, and will be served with municipal sewer and water.
The applicant's proposal is described in their narrative, Exhibit C and illustrated in the site
plan, elevations, and floor plans, Exhibits D 1-D8.
General Site Characteristics
The site is vacant. The property is very flat with a relatively shallow water table. There
are no wetlands mapped on the property. There are some areas of volunteer trees of low
quality, these will be removed and replaced with planned landscaping. To the north of the
property is the public works garage, which generates noise and truck traffic not commonly
experienced in residential neighborhoods. Also to the north is a 3 story condominium
building. To the south is Wayzata Boulevard, a Hennepin County arterial serving
approximately 8,000 vehicles per day. Further south is Orono industrial uses. To the west
is a medical office building, to the east is vacant land, subject of a proposal to construct a
senior housing project.
RPUD/ Master Site Plan Analysis
The property was zoned to B-6 PUD in June of 2003. Permitted uses were those listed in
the B-6 Highway Commercial District, offices, banks, motels, and hotels. There are no
zoning districts that permit apartment buildings by right or by conditional use. The
developer proposes a rezoning to RPUD. The RPUD District standards are found in Zoning
Code Sections 78-621 thru 78-629, attached as Exhibit I.
FILE #LA18-000036
April 16, 2018
Page 3 of 8
The RPUD district standards indicate an RPUD site must be at least 5 acres in area, but
does allow for smaller sites under specific conditions, as noted in the code excerpt below:
Sec. 78-626. - Development standards. Within the RPUD district all development shall
be in compliance with the following: (emphasis added in bold)
(1) Minimum area; shoreland district limitation. Each site proposed for rezoning to
RPUD shall have a minimum area of five acres, excluding areas within a
designated wetland, floodplain or shoreland district or right-of-way, unless the
council finds the existence of one of the following:
a. Unusual physical features of the property itself or of the surrounding
neighborhood such that development as a RPUD will conserve a physical or
topographic feature of importance to the neighborhood or community.
b. The property is directly adjacent to or across a public street from property
which has been developed previously as a RPUD or planned residential
development and will be perceived as and will function as an extension of
that previously approved development.
c. The property is located in an area where the proposed development provides a
transition between a commercial or industrial area and an existing residential
area or on an intermediate or principal arterial as defined in the comprehensive
plan.
d. The property contains steep slopes or a substantial number of significant trees
that could be preserved through the clustering of buildings or other design
techniques not generally allowed by the existing zoning district.
(2) Uses. Each property rezoned to RPUD shall only be used for the use or uses for
which the site is designated in the comprehensive plan, except that the city may
permit rezoning to RPUD on a site designated for commercial use if the city
council finds that such use is in the best interests of the city and is consistent
with the requirements of this division. If a commercial site is to be rezoned to
RPUD, the city may forward a copy of the request to the metropolitan council
for review.
It would appear that the provisions of 78-626(1)b would be applicable, as the proposed use
is adjacent to the Orono Senior Housing project which itself is a component of the Stonebay
Master Development and is across Kelley Parkway from the Stonebay Lofts, which are
similarly zoned RPUD. Further, because the site is guided for commercial office use with
the intention of being rezoned for commercial use, the rezoning would fit within the
provisions of 78-626(2). It should be noted that the Council has recently approved three
smaller RPUD developments (Orono Senior Housing, Shadywood Villas, and the Eisinger
site) so that rezoning the Kelley Parkway parcel to RPUD would not be inconsistent with
prior actions.
FILE #LA18-000036
April 16, 2018
Page 4 of 8
Building Design and Use
As noted above, the elevation drawings provided suggest stone accents similar to the
Stonebay Condos. Siding material is not noted, staff suggests materials consistent with the
Stonebay project, no vinyl.
Lot Layout and Lot Standards
The specific lot requirements for a multi -family building in RPUD can be found in Section
78-626(7). A summary of those standards is as follows:
SETBACKS
Required
Proposed
Building setback from local streets (Kelley
Parkway):
35
75.4
Building setback from arterial streets
50
51.5
(Wayzata Boulevard):
36.7 (east), 62.6
Building setback from side lot lines:
35
(West)
Parking lot and driving lane setback from
5 (West, 20 (North),
all lot lines:
20
15 (South), 62 (East)
Minimum setback must be no less than height of the building
Building setbacks are met. Parking is proposed via an extension of the existing shared
parking lot. The north and west parking setbacks are not met, but are consistent with the
existing parking setbacks. In particular, setbacks for the parking spaces on the west side
are shared with the lot to the west, a 20 foot setback is impractical and counter to goals of
sharing parking spaces.
Height limitations. For properties guided for residential use in the comprehensive plan, a
building height limit of 30 feet shall apply. For properties currently zoned or guided in
the comprehensive plan for commercial use, height may exceed 30 feet but shall not
exceed three stories (not including underground parking level) and shall maintain a
residential character by incorporating pitched or hipped roof structure.
The proposal includes a two and 1/2 -story building with a defined height of 29 feet. This
defined height meets requirements and is lower than the Lofts across the street and the
senior housing project next door.
The proposed Finished Floor Elevation (FFE) is 6 feet above Kelley Parkway. According
to the architect, this is the worst case height, as the applicant desires the building to be low
as possible, but this final elevation is dependent on the elevation of the water table.
In the concept stage, some comments were generated regarding the height of the building,
and its impact of blocking views from the Condominium building. The applicant has
provided a sketch showing the height differential between the subject building and the
adjacent Stonebay condos and the as yet developed Senior Housing Project, attached as
Exhibit E. The proposed apartment building is the shortest of the three multiple family
buildings in the area.
FILE #LA18-000036
April 16, 2018
Page 5 of 8
Floor Area Ratio. The FAR for a RPUD is capped at 1.0 for residential structures.
FAR Analysis
Parking Level
31,742
1st Floor
31,742
2nd Floor
31,742
3rd Floor
5,236
Total Building area
100,462
Lot area
111,310
FAR
0.90
Floor Area Ratio of 0.9 meets the requirements.
Access, Internal Circulation and Parking
The site plan includes 2 driveways onto Kelley Parkway. There is no access to Wayzata
Boulevard. One of the access exists, shared with the medical office to the west and is on
the property line. The second access is generally 155 feet west of the NE corner. This
driveway does not line up with a driveway across the street. It was commented during the
concept plan phase that the driveway should line up with a drive on the north side of Kelley
Parkway. From staff's perspective, it is not critical that the drives line up. The two drives
in question are used almost exclusively by city employees, and one of the drives is
primarily an entrance only. The Commission should discuss whether the driveway
locations should line up. It does not appear they can shift to the east, this will impact
stormwater retention options.
Internal circulation is proposed to be provided by a paved driveway along the west side of
the building for parking, and a loop driveway in front of the building.
Parking includes 54 surface stalls and 72 underground stalls. Parking requirements equal
2 spaces per dwelling unit. Assuming 56 units require 112 spaces, 126 are shown. 14 of
these spaces are shared with the medical office to the west.
A dumpster enclosure serving the medical office building is located in the SW corner of
the site. There is a proposed refuse area located in the parking level.
Parks, Trails, Sidewalks
The sidewalk along Kelley Parkway from the west terminates near the NW corner of the
site. This sidewalk should be continued to the NE corner of the site.
A trail along the south property line is anticipated as part of the Stonebay project.
Preliminary Hennepin County plans for the upgrade of Wayzata Boulevard include a trail
along the north side of Wayzata Boulevard from Willow Drive to Old Crystal Bay Road,
within the right of way. The applicants should expect that a trail will be required along
their south boundary, with a possible connecting link to Kelley Parkway along the west
edge of the stormwater pond. If the trail is to be located on public right of way, the
developer should anticipate paying the portion of the trail equal to their front foot costs.
RPUD standards include a requirement for 10% of the site being dedicated to private
FILE #LA18-000036
April 16, 2018
Page 6 of 8
recreational purposes. The project does not show any private recreation. The concept plan
discussion introduced the payment of a fee in lieu of this private recreational requirement.
There is no park dedication required as this property has been platted.
Site Grading, Stormwater and Drainage Improvements
Originally, it was anticipated that stormwater, received on site, would be collected and
diverted to the large, regional pond to the east. However, based on new stormwater
requirements, stormwater will be collected and treated on site, through three rain gardens
along the south and east property areas. The city engineer's review of the stormwater plan
continues, and their comments will be added to the City Council's review.
The property is not within the Stormwater Overlay District, but if developed as RPUD is
subject to a maximum hardcover per lot of 50%. Hardcover proposed is 55% of the lot
area. A portion of this hardcover is the shared parking lot and dumpster enclosure along
the west side. Hardcover calculations are attached as Exhibit F.
Stormwater management will be subject to City and MCWD review and approval. The
property will be subject to the Stormwater and Drainage Trunk Fee as noted below.
Landscaping
The RPUD requirements includes some specific landscaping standards, based on the size
of the building and of the parcel. The landscaping plan requires some additional plantings
to meet these standards:
*The Planning Commission should comment whether the prairie type grasses meet the
goals of the shrubbery requirement.
Conservation Design
While the property is subject to the City's Conservation Design Ordinance, the Council
waived this requirement during the concept plan review phase.
Comprehensive Plan Amendment
In developing the Orono's 2008-2030 Community Management Plan, The city guided
specific properties for higher density sewered development (3-7, 7-10, 4-15 and 10-15 units
per acre) in order to offset the long -planned sewered development at low densities in the
Shoreland areas. In effect, the higher -density guiding of a select number of strategically
located properties established a numerical `buffer' which allowed properties previously
added to the MUSA and guided/planned for 2 -acre minimum lot sizes, to be developed as
historically planned. This allowed for sewerage of lakeshore without increasing density
along the lakeshore.
Over the last several years, properties guided for higher density development have been
Required
Proposed
78-626 (14)
Size
Number
Size
Number
Overstory
2.5 cal
34
2.5
26
Evergreen
6' BB
10
Shrub
3 gal
106
1 gal
131*
*The Planning Commission should comment whether the prairie type grasses meet the
goals of the shrubbery requirement.
Conservation Design
While the property is subject to the City's Conservation Design Ordinance, the Council
waived this requirement during the concept plan review phase.
Comprehensive Plan Amendment
In developing the Orono's 2008-2030 Community Management Plan, The city guided
specific properties for higher density sewered development (3-7, 7-10, 4-15 and 10-15 units
per acre) in order to offset the long -planned sewered development at low densities in the
Shoreland areas. In effect, the higher -density guiding of a select number of strategically
located properties established a numerical `buffer' which allowed properties previously
added to the MUSA and guided/planned for 2 -acre minimum lot sizes, to be developed as
historically planned. This allowed for sewerage of lakeshore without increasing density
along the lakeshore.
Over the last several years, properties guided for higher density development have been
FILE #LA18-000036
April 16, 2018
Page 7 of 8
developed at lower densities via amendments of the CMP, and the `buffer' established in
the 2008-2030 CMP has functionally been eliminated (Eisinger Meadows, Orono Preserve
are two recent examples. Some of that buffer was replaced by the recently approved Orono
Senior Housing (17-3948) project to the east.
The CMP also includes lifecycle housing goals. A project like this does satisfy those goals,
especially considering originally planned located were developed at lower densities. The
proposed density is 21.9 units per acre (56 units on 2.55 acres).
It is worth noting that the Comprehensive Plan Advisory Group is developing a plan
amendment that supports additional high density residential along this corridor, rather than
introducing additional density along the lakes or in the Shadywood Area of Navarre.
It is appropriate to amend the Community Management Plan for the use, given the
surrounding land uses and the community goals regarding housing and density.
Fire Chief Comment.
The Fire Chief has reviewed the project and has added his comments, attached as Exhibit
K.
Public Comment
To date, staff has received one written comment in opposition to the zone change. This
letter is attached as Exhibit M.
Development Fees Summary
As the property has been platted most development fees have been paid. However, staff
has identified the following fees applicable to the project:
Private Recreation provision:
In lieu of the property owner providing 10% of the land in a private recreational
component as required by the RPUD zoning, it is suggested that that a recreation fee be
paid. 10% of the land value is $41,500. The donation should equal that, less the developers
portion of the cost for the trail improvement along the south property line.
Water and Sewer Connection Charge:
Water and Sewer Connection and SAC charges apply, based on the number
of SAC units applied. These fees would be due at the time of Building Permit.
The following fees are based on the number of SAC units, as determined by the Met
Council, at the time of Building Permit:
SAC $2,485 x SAC units = $ TBD
Water $4,240 x SAC units = $ TBD
Sanitary Sewer $5,100 x SAC units = $ TBD
FILE #LA18-000036
April 16, 2018
Page 8 of 8
Stormwater & Drainage Trunk Fee: Storm water trunk fees apply to new
development and redevelopment of existing properties and provide funding for the storm
water infrastructure necessary to serve the City. The trunk fee is based on the land use and
acreage of the property being developed.
Residential > 4 units/acre: $8,490/ac x 2.55 acres = $21,649.00
These numbers are based on the 2018 fee schedule and are adjusted at the time of final
approval.
Summary of Issues for Consideration
Staff suggests that the primary focus for consideration and discussion by the Planning
Commission should include the following topics:
1. Is there justification for the necessary CMP amendment and rezoning to allow the
guiding of this property to be converted from commercial office to residential? If
that conversion is not allowed, what other uses for the site might be acceptable
(aside from office)?
2. Is the Planning Commission comfortable with the density of the development at
over 20 units per acre gross?
3. Should the driveway be shifted to line up with drives on the north side of Kelley
Parkway?
4. Are there any other issues or concerns with this proposal?
List of Exhibits
Exhibit A.
Location graphics
Exhibit B.
Application
Exhibit C.
Applicants' Narrative
Exhibit D.
Applicants' Submitted Exhibits:
1.
Site Plan
2.
Landscaping Plan
3.
Garage Plan
4.
1St Floor Plan
5.
2nd Floor Plan
6.
Roof level — Section drawings
7.
Unit Plans
8.
Building Elevations
Exhibit E.
Building Height Comparison
Exhibit F.
Hardcover Calculations
Exhibit G.
Airphoto
Exhibit H.
Comp Plan Map: Land Use Plan
Exhibit L
RPUD Ordinance
Exhibit .I.
City Council minutes dated February 12, 2018
Exhibit K.
Fire Comments
Exhibit L.
Public Notification Map and List
Exhibit M.
Public Comment
RLCEWED
AHK 10 2018
CITY OF ORONO
CC Exhibit D
18-000036
April 10, 2018
City of Orono
2750 Kelley Pkwy
Orono, MN 55356
Dear Members of the Planning Commission,
I am writing to express my disagreement to amend the existing commercial zoning in
order to allow for a high density apartment building at 2745 Kelley Pkwy. I recently
purchased a condominium across the street at Stone Bay of Orono. Prior to this I was a
resident of Long Lake for thirteen years.
It is my understanding that the building would be a high end luxury property. However,
due to the transient nature of renters my concern is that the long-term upkeep would
dissolve. Another concern is that of section eight housing requirements that may be
required. Does Orono have background checks in place for this due to the proximity to
the school district?
I have chosen to live in Orono due to the high quality of life and safety standards. I will
be here for many years to come and an apartment building can only detract from these
standards. I definitely approve of maintaining the existing commercial zoning law and
would be in favor of any office or retail space. Thank you for your time.
Regards,
Carrie Kaminski
AGENDA ITEM
Item No.: 27
Date: May 14, 2018
Item Description: LAI 8-000024 —City of Orono Text Amendment: Definitions
Presenter: Jeremy Barnhart, Community Agenda Planning Department
Development Director Section: Report
1. Purpose. Consider ordinance amendment to definitions intended to clarify and codify existing city
practice.
2. 15.99 Deadline Not applicable
3. Background/ Summary. In the course of applying city ordinances, including the zoning ordinance,
it is sometimes appropriate to modify definitions to more accurately reflect Council direction and goals.
Staff identified 7 definitions that warrant inclusion on the code, or require modification. These were
identified through questions made by constituents through the development of their properties, or by staff
in the administration of the new rental licensing ordinance.
4. Planning Commission Vote and Comment. The Planning Commission reviewed the draft
ordinance at their meeting on April 16. They voted 6-0, recommending approval of the ordinance,
attached as Exhibit A.
5. Public Comment. No public comments have been received to date.
6. Staff Recommendation. Staff recommends approval of the ordinance as drafted.
COUNCIL ACTION REQUESTED
Motion to adopt the ordinance as drafted.
Exhibits
Exhibit A. Draft Ordinance
Exhibit B. Staff report to PC dated April 16th
Exhibit C. PC Minutes dated April 16, 2018
Prepared By: J. Barnhart
Reviewed By: _Sb)R
Approved By: -TV
CC Exhibit A
LA18-000024
May 14, 2018
1 ORDINANCE NO. 196, THIRD SERIES
2
3 CITY OF ORONO
4 HENNEPIN COUNTY, MINNESOTA
5
6 AN ORDINANCE AMENDING THE CODE OF ORDINANCES
7 PERTAINING TO DEFINITIONS
8
9 THE CITY COUNCIL OF ORONO ORDAINS:
10 SECTION 1. Section 78-1 Definitions shall be amended by adding and deleting text to read as
11 follows:
12 Animal Unit: Animal unit means, for one animal unit equivalency, one cow or steer; one horse, donkey
13 alpaca, or llama o; two pigs, three sheep or goats; or 25 fowl.
14 Building Height: Building height means the vertical distance between the highest existing ground level
15 or ten feet above the lowest ground level, whichever is lower, and the top of the cornice of a flat roof,
16 or the deck line of a mansard roof, or the uppermost point on a round or other arch -type roof, or the
17 median height of the highest gable of a pitched or hipped roof. Topographic changes which elevate
18 the adjoining ground level above the existing terrain shall not be considered in determining building
19 height.
Per a pitched eF hopped reef situatien, regaFdless whetheF the highest liviRg Space on A- -huild-
20 is �a half.-St-ory or full stery, if the highest liviRg space centaiRS WiRdE)WS (excluding skylights) the upper
21 FneasuFing peiRt feF defining building height shall be the mediaA height ef the tep ef the hig4e-A
22 r,.deyi -,r,.d the highest peak of the r e
23 Cornice means any horizontal decorative molding that crowns a building or wall.
24 Dry Buildable: Dry Buildable means that portion of the lot not encumbered by the waters of a dul
25 recorded lake or river. wetlands. bluffs. or slopes Ereater than 18%.
26 Dwelling: Dwelling means a building or part of a building containing independent living, sleepin
27 housekeeDlne accommodations. and sanitary facilities for occunancv by one familv. 16101 9F
28 more ^^rtions of a hi-Olding designed ^r intended to be occupied exclusively for residence purposes,
29 but not including rooms in motels, hotels, nursing homes, boardinghouses, nor trailers, tents, cabins
30 or trailer coaches. A dwelling shall not be interpreted to include lodging rooms.
31 Family: Fengily FneanS @1A individual;
32 a deptie living tege+her as a single housekeeping u r, +.. of net Fnere than fe r persens et
-
33 se related, maintaining a n heuseheld. Family means any number of individuals generally, but
34 not necessarily, related by blood or marriage, living together at one location maintaining a common
35 household as a sinEle. nonprofit housekeeoine unit. as distinEuished from a ErouD occuDvinE a
36 boardinEhouse or roominE house, hotel or motel.
37 In -Kind: In-kind, when used in the context of replacement of a non -conforming building or structure,
38 means the replacement of a building or structure completely within the limits (location, height, width,
39 and depth) of the previous building or structure.
40 SECTION 2. EFFECTIVE DATE: This ordinance shall take effect immediately upon its passage and
41 publication.
42 ADOPTED this day of , 2018 on a vote of _ ayes and _ nays by the City
43 Council of Orono, Minnesota.
44 ATTEST:
45
46
47
48 Anna Carlson, City Clerk Dennis Walsh, Mayor
49
50
51 Ordinance published in The Laker and The Pioneer newspapers the week of , 2018.
52
To: Chair Thiesse and Planning Commission Members
Dustin Rief, City Administrator
From: Jeremy Barnhart, Community Development Director
Date: April 16, 2018
Subject: #LA18-000024, City of Orono Text Amendment: Definitions
Public Hearing
Council Ex B
18-000024
Application Summary: The city is considering an ordinance that would add or amend
definitions applicable to the zoning ordinance.
Staff Recommendation: The Planning Commission should consider the proposed changes to
definitions.
Background
Definitions form the foundation of interpreting and applying zoning ordinance regulations.
Through the course of applying these regulations, it becomes evident that the definitions need
to be reviewed and when necessary, updated, to reflect community goals.
Staff has identified 7 additions or amendments to the zoning ordinance definitions. These nine
are still being reviewed, and additional changes may be introduced as review continues. The
Planning Commission is asked to give additional feedback, formal recommendation will be
requested in April.
Animal Unit: Amended definition. Occasionally, staff is asked to identify the number of
alpaca, goats or pigs that equal an animal unit. Animal unit is useful in determining the
number of farm animals per acre.
Building Height: Amended definition. The change proposed removes the height
calculation based on the location of the highest window, which does nothing to impact
mass, which building height is intended to address.
Building cornice. New definition. Building height calls on the location of a building
cornice in certain roof types. Building cornice isn't defined.
Dry -buildable. Not currently defined. Dry buildable is useful in determining the number
of lots possible given a particular property, and is necessary in preparing subdivision
plans.
Dwelling. Amended definition. The change is intended to clarify the difference between
renting a couple of bedrooms (allowed via the rental licensing program) and a second
unit of bed, bath, kitchen, and living areas, which is not.
Family. Amended definition. Intended to clarify the difference between one and 2
family dwelling units.
FILE # LA18-000024
April 16, 2018
Page 2 of 2
In-kind: New definition. Critical in replacing non -conforming structures and buildings.
The Commission may adopt all or parts of the proposed ordinance. The intent with the draft
definitions is not to change practice, but merely to clarify current practice or provide
appropriate direction to address comments recently generated.
New text is shown underlined, and text to be deleted is shown stFweI(thFewgI4.
Comments
To date, no public comments have been received.
List of Exhibits
Exhibit A. Draft definitions
PC Exhibit C
MINUTES OF THE 18-24
ORONO PLANNING COMMISSION
Monday, April 16, 2018
6:30 o'clock p.m.
8. LA18-000024 CITY OF ORONO, TEXT AMENDMENT TO SECTIONS 78-1 AND 82-2
RELATED TO ZONING AND SUBDIVISION DEFINITIONS, INCLUDING IN-KIND, DRY
BUILDABLE AND OTHERS, 8:45 P.M. — 8:58 P.M.
Barnhart noted a wrong word was included in the title of the ordinance and that a revised ordinance has
been placed before the Planning Commission tonight.
Barnhart noted this topic was introduced at the Planning Commission meeting last month and that Staff is
proposing some minor changes to the definitions applicable to the zoning ordinance. Staff has identified
seven different additions or amendments. The Planning Commission is being asked to give additional
feedback at this point.
The following nine definitions are being considered:
Animal unit. Staff is looking to amend the definition to identify the number of animals that
would equal an animal unit.
2. Building height. Staff is looking to amend this definition to remove the height calculation based
on the location of the highest window, which does nothing to impact mass and is addressed by
building height.
Building cornice. Barnhart noted this would be a new definition to the code and specifies that the
building height calls on the location of a building cornice in certain roof types.
4. Dry -buildable. This term is currently not defined. Dry buildable is useful in determining the
number of lots possible given a particular property and is necessary in preparing subdivision
plans.
Dwelling. Staff is proposing to amend this definition. The change is intended to clarify the
difference between renting a couple of bedrooms and a second unit of bed, bath, kitchen, and
living areas, which is not allowed under the rental licensing program.
6. Family. The amended definition is intended to clarify the difference between one and two-family
dwelling units.
7. In-kind. This would be a new definition and is one that Staff feels is critical in replacing non-
conforming structures and buildings.
The Planning Commission may adopt all or parts of the proposed ordinance. Staff recommends approval
of the draft ordinance.
Lemke asked if dogs are included in the animal units.
Barnhart indicated it is primarily farm animals and that dogs and cats are not included.
Libby asked who set these numbers and whether there is a reference point from other municipalities as it
relates to the animal units.
Page 1 of 3
MINUTES OF THE
ORONO PLANNING COMMISSION
Monday, April 16, 2018
6:30 o'clock p.m.
Curtis indicated they are a modified state animal unit but slightly more restrictive.
Libby noted as it relates to the words in-kind, a certified fee appraiser often uses the words like kind,
meaning that it is something that is close, similar or identical as possible. Libby stated the word in-kind
does not have a definitive meaning to him and that perhaps Staff should consider revising that.
Thiesse stated currently the ordinance has top of the cornice of a flat roof or the deck line of a mansard
roof. Thiesse stated to him the deck line is the roofline and the mansard roof extends above that. Thiesse
asked if that is a correct reading of the language.
Barnhart stated that is not correct and that the deck line on the mansard roof is the top part.
Thiesse noted there are fake mansard roofs. Thiesse asked if they are measuring from the top of the
mansard roof.
Barnhart indicated that is correct.
Chair Thiesse opened the public hearing at 8:54 p.m.
There were no public comments regarding this application.
Chair Thiesse closed the public hearing at 8:54 p.m.
Landgraver noted it should read blood or marriage.
Barnhart indicated he will strike the word and.
Lemke asked if there is a definition for nursing home as opposed to senior housing.
Libby commented that is a very antiquated term.
Barnhart noted that is existing text and he is not proposing to change that.
Lemke stated it could be senior housing or retirement home, and that he would like to see it removed.
Barnhart noted the intent there is to quantify similar uses that aid in the understanding of the term nursing
home.
Lemke asked if a temporary unit would work.
Barnhart stated nursing home is a generic term and is fine to be used in this context. Barnhart stated he
would recommend keeping it in.
Libby asked whether the City Attorney has reviewed the definitions.
Barnhart indicated he has.
Page 2 of 3
MINUTES OF THE
ORONO PLANNING COMMISSION
Monday, April 16, 2018
6:30 o'clock p.m.
Ressler stated it seems the changes are in line with other cities and that he is supportive of the ordinance.
Ressler moved, Landgraver seconded, to recommend approval of Application No. LA18-000024,
City of Orono, Text Amendment to Sections 78-1 and 82-2 related to zoning and subdivision
definitions, including in-kind, dry buildable, and others. VOTE: Ayes 6, Nays 0.
Page 3 of 3
AGENDA ITEM
Item No.: 28
Item Description: HR Software Upgrades
Date: May 14, 2018
Presenter: Dustin Rief, City Administrator Agenda City Administrator's
Section: Report
1. Purpose: A review of City Human Resource Processes has indicated a need for a centralized software
that provides for improved efficiency in hiring, onboarding, records retention, off boarding, performance
reviews, benefits management, time -off reporting, and HR compliance.
2. Background. The City of Orono uses many formal paper processes to complete all facets of HR
related functions. The termination of an employee last year exposed some areas that needed improvement
leading to the decision to seek a comprehensive software to add efficiency and oversight in a centralized
manner for all Human resource functions.
3. Project Scope. The City sought out and reviewed a variety of software solutions that covered a number
of areas from only performance reviews to a comprehensive software that offers online hiring, onboarding,
records retention, off boarding, performance reviews, benefits management, time -off reporting, hours
reporting, training tracking, and HR compliance.
4. Cost. The City solicited and received four proposals for software solutions a cost table of those
solutions is attached in Exhibit A with a summary below.
HRWize: Cost per seat $12 CAD conversion to USD $9.45 at a rate of USD 1=1.27
CAD
Annual Cost $7938, FY 18 Prorated Cost with implementation Approx.
$7385.83
Bamboo HR: Cost $9.43 per seat or $7921 per year, FY 18 Prorated cost with
Implementation $6,517.86
NeoGov: Cost $14.73 per seat or $12,370 per year, FY 18 Prorated cost with
implementation $19,215.83
Performyard: Cost $5.33 per seat, Performance Review only annual cost $4,480.00
5. Funding. This project will be funded through the Improvement Equipment Outlay Capital Project
Fund with a cost of $7385.83. Current Fund Balance $1,119,800.00
6. Staff Recommendation. I recommend the acceptance of the HRWize proposal as the most
comprehensive and adaptable solution for our Human Resources Software needs.
COUNCIL ACTION REQUESTED
Motion to accept of the HRWize proposal for Human Resources Software at a cost of $12 Canadian per
seat per month with an annual approximate cost of $7938 US currency dependent on exchange rate.
Exhibits
Exhibit A. HR Software Comparison
Exhibit B. HRWize Proposal
Prepared By: 5b)R
Reviewed By: _�b)R
Approved By: _19a
HR Software comparison
Employee Assumption 70
NEOGOV Annual Cost Initial Setup Cost lPerformyard IAnnual Cost Initial Setup Cost Hrwize Annual Cost Initial Setup Cost lBamboo HR Annual Cost Initial Setup Cost
Recruiting -Online, Inteviews processes
yes
$
2,604.00
$
3,000.00
yes $
10,080.00 $ 3,500.00 yes $ 7,921.20 1897.16
Onboarding
yes
$
3,237.00
$
3,000.00
yes
yes
Performance
yes
$
3,904.00
$
3,000.00 yes $ 4,480.00
yes
yes
Timesheets
yes
yes
Learning Management
yes
$
2,625.00
$
3,000.00
no
no
HR Records
yes
yes
Workflow management
yes
yes
yes
Online Signatures
yes
no
Benefits Admin
Yes
yes
Time off Management
yes
yes
Payroll integration
Sub Total
$
12,370.00
$
12,000.00
Cost Per Employee
$
176.71
$
171.43 $ 64.00
CAD $
144.00 $ 113.16
Monthly Cost
$
14.73
CAD $
12.00 $ 50.00 $ 9.43
Total Cost to Implement
Annual Subscription Cost
June thru Dec $ 19,215.83
$ 12,370.00
June thru Dec $ 2,613.33 June thru Dec $ 9,380.00 June thru Dec $ 6,517.86
$ 4,480.00 $ 10,080.00 $ 7,921.20
Conversion from CAD $ 7,385.83
$ 1.27 $ 7,937.01
HRwF ze
The HR solution for growing businesses
www.hrwize.com
infoChrwize.com
1.877.341.3227
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HRWize Contact:
Claude lemaire
Diabsolut Inc / HRWize
181 Hymus, Suite loo
Pointe -Claire, Oc
H9R 5P4
Office: 514-461-3314 x520
Mobile: 514-827-6887
Email: clemaire () hrwize.com
HRIS IMPLEMENTATION
TECHNOLOGIES
H
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YOUR TEAM
Emma de Talhouet-Roy Sally De Rosa Silvia Burgin
Certified Change Management
Implementation/Support Professional / Engagement Project Manager
Specialist Manager
Claude Lemaire
Client Success Specialist
LICENSE PRICE
A
Cynthia Hopkins
Certified Training Consultant
i
$13 per user per month or $12 per user per if signed by April 27th 2018
IMPLEMENTATION PRICE
$50 per employee (one-time fee)
HRwtze 2
TABLE OF CONTENTS
HRIS IMPLEMENTATION
TECHNOLOGIES
YOUR TEAM
LICENSE PRICE
IMPLEMENTATION PRICE
i
2
2
2
2
CORPORATE PROFILE 4
EXECUTIVE SUMMARY
STRATEGIC PARTNERS
RECOGNITION OF ACHIEVEMENTS
OUR PEOPLE
4
4
5
5
IMPLEMENTATION EXPERIENCE S
DIABSOLUT CLOUD SOLUTIONS
G
UNDERSTANDING THE MANDATE 6
PROPOSED INTERVENTION SOLUTION
POWERFUL REPORTING
OTHER FEATURES
SECURITY FEATURES
9
9
10
IMPLEMENTATION ESTIMATED EFFORT ii
PRICE OF THE PROJECT
12
HRwtze 3
CORPORATE PROFILE
EXECUTIVE SUMMARY
Technology plays a key strategic role in most transformative efforts, a trend that will surely increase. Through a diverse
portfolio of solutions centered on implementation and consulting, business transformation partner Diabsolut Inc.
anticipates and answers the ever -evolving technological needs of our clients.
HRWize by Diabsolut is pleased to be considered by City of Orono to provide end-to-end Human Resources consulting
and implementation services to lead the roll-out of a Human Resources Information System suitable from Recruitment
to Retirement.
HRWize by Diabsolut's objective is to review and understand your key business objectives and to assist in helping to
define and build a comprehensive HR tool. After we have fully understood your configuration, customization and data
requirements, the team will provide a detailed solution summary as the foundation for the implementation.
Throughout the customization and configuration process, our team will work with City of Orono' key stakeholders via
flow based walkthroughs to ensure that the implementation continues to meet all business requirements. As all
requirements are completed and approved, the team will provide full end user and administrator training as well as any
additional technical /training support that may be required.
Diabsolut looks forward to partnering with City of Orono to alleviate your current pain points and deploy a system that
will support your key goals. The wealth of knowledge and experience that our team has with both Human Resources
and Technology will allow us to provide dynamic, insightful and detailed work.
STRATEGIC PARTNERS
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OUR PEOPLE
Diabsolut's success is built on its core values: Integrity, Partnership, Accountability and Teamwork. We pride ourselves
on employing and further developing a group of bright individuals who embody these values in everything they do —
leading to successful projects and returning clients.
IMPLEMENTATION EXPERIENCE
DIABSOLUT CLOUD SOLUTIONS
Many organisations are now moving to cloud based solutions. Often, however, undefined processes and user adoption
issues stall momentum and reduce your return on investment.
With expertise tailored to your particular industry, Diabsolut's experts understand the complexities your business
encounters when transitioning to the cloud. We rapidly solve customer communication or internal coordination
problems, helping you gain the full benefits of your chosen solution — with minimal loss of productivity. With a fully
engaged, best -in -class team, we produce robust, adaptable and straightforward solutions.
HRWze Fllut 5
UNDERSTANDING THE MANDATE
It is our understanding that City of Orono is seeking a tool which will optimize and streamline HR processes. This tool
should be easy to use and offer the flexibility of customization and adaptation of settings to City of Orono' needs.
Amongst many other discussed features, we have concluded that City of Orono is looking for a complete solution that
will put emphasis on:.
Employee self-service
* Improving their recruitment
Improving their reporting and data management
Updating time and attendance procedures
Integrating their training processes
Updating timesheet and expenses
Updating their performance management
Succession planning (later roll out)
Workflows (right away emphasis on onboarding and off boarding)
Social interaction and employee engagement
HRWize by Diabsolut's goal is to decrease the number of tools used and to optimize a single go -to system, accessible to
the various profiles within your organizations. This will be designed using different access rights including:
Administrators Recruiters
HR Facilities
Managers * Approvers
Finance/Payroll Employee
Trainer
This will allow your team to best use their skills, diminishing administrative weight from their day to day tasks. Thus,
you will achieve productivity gains and an immediate return on investment. The HRWize Implementation Team will use
all data at its disposition, in all its shapes and forms, and deliver a clean system inclusive of all gathered information.
ONE
LOGIN SIMPLE INTEGRATED
0 0
The HRIS delivered by HRWize by
Diabsolut will include all components
requested by the City of Orono.
The tool will be easy to maintain post
implementation. In addition, HRWize will
offer continued technical support and
training services post GO LIVE.
An audit trail will be available to improve
controls, reduce risk and understand
usage.
HRwtze 6
PROPOSED INTERVENTION SOLUTION
People truly area key asset in any business. HR management is about helping you to look after your people. HRWize
gives you the tools to make your people an even greater asset within your business, whilst ensuring that the business
maximises the investments you have made in your workforce and turn your employees into a competitive advantage
through reporting and analytics. Here are the features included in your package:
• Requests (timeoff, training,
Store employee & leavers data
expenses...)
• Update employee information
Employeejob & salary history
• Surveys, reviews, social feed
Unlimited document storage
• Total rewards statements
Bulk upload capability
Access to handbooks and policies
Electronic signature
• Applicant tracking (ATS)
• Fully integratable with your
career page
• Online job applications &
social sharing
• Powerful resume search &
tagging
• Candidate documents, notes
& scoring
• Adaptable approval process
• Linked to timesheets project &
tasks
• Powerful expense reporting
• Drag & drop receipts
• Upload receipts straight from
mobile
HRwtze
• Customizable projects & task
allocations
• Powerful timesheet reporting
• Adaptable approval process
• Bulk upload capability
• Simple/extended time entry
options
• Reports, charts and
dashboards
• BI capabilities
• CSV & PDF download
capability
• Report viewing permissions
• Customizable time -off types
• Site specific rules & holidays
• Automated time off in lieu
• Team vacation calendar
• Streamlined approval process
• Standard or customizable
reviews Competency mapping
• Goal setting & goal library Succession scoring
• Interactive employee/manager Development planning
forms g box grid
• 36o appraisals Growth path planning
• Review scheduler & reminders
• Social stream
• Company announcements
• Employee recognition
• Employee pulse
• Welcoming, anniversaries,
birthday posts
• Employee pulse
Course library
• Social stream
Employee training requests
• Employee shout outs
Store training records
• Employee surveys
Training cost report
• Anonymous employee
Recurring training
suggestions
automation enrollment
• Onboarding & off -boarding
workflows
• Flexible approval process
• Customizable task assignments
• Reminders & change notifications
• Risk management
• Automatic log off
• Encrypted using 256 bit SSL
encryption
• Audit trail
• Data backed up every 12 hours
& retained for 3o days
• Downloadable back-ups
• Customizable fields
• Asset management
• g user level permissions
Mandatory document
notifications
• Company calendar
• Templates
HRwtze 8
EXPENSES AND
MILEAGE
TOTAL
REWARD
EMPLOYEE SURVEYS
POWERFUL REPORTING
RECRUITMENT
CORE HRIS
How many different systems do
you use to manage your
workforce?
79 F7 29 Adouhn morn?
EMPLOYEE SUGGESTIONS
PERFORMANCE
MANAGEMENT
360 FEEDBACK
TIME AND
ATTENDANCE
Access the information you need in the format you require at the click of a few buttons — with over 70 prebuilt reports
and charts and the option to export them to PDF and CSV you are sure to find the information you need when you need
it.
OTHER FEATURES
Including time off management, asset management, organizational charts, time sheets, competency mapping,
succession planning, 36o feedback, g box grid, total rewards statements, expense and time management, goal setting,
recruitment, workflow, employee pulse, announcements, social stream and access control etc.
HRWze (u-ia-
9
SECURITY FEATURES
Everything we do from designing a new feature to making a change to a system begins and ends with security in mind.
We follow best practice from such organizations as OWASP and Cloud Security Alliance to name a few to ensure that
we make your data as secure as it possibly can be. Here is all the security information in detail:
All communication with the HRWize application is encrypted using 256 bit SSL encryption
Hosted in secure facilities accredited to ISO27001 standards with 24/7/365 6 -layer physical security as well
as redundant network backbones, firewalls, Intrusion Prevention Systems (IPS), Intrusion Detection
Systems (IDS), dual power feeds, dual generators, dual UPS and dual air handling systems
All systems are protected by a dedicated 24/7/365 Network Operations Centre monitoring both hardware
and software (as well as physical security, of course)
All servers are deployed in a highly available configuration with highly available SAN storage and individual
servers all include RAID plus redundant power, cooling and network connections
HRWize has been custom built from the ground up using industry accepted programming best practices
and with security at the forefront of every design and development decision
All HRWize systems are regularly scanned by an external company to PCI -DSS standards against 37,000
known vulnerabilities to ensure our systems are up to date and secure at all times
All your data is backed up every 12 hours to an offsite secure storage location —this data is then retained for
3o days to allow us to recover to any point in time in the previous 3o days in the event of an unforeseen and
unpreventable disaster
Solid security permissions set for various user groups, allowing for strict abidance by R.S.Q., c.A-21 "An Act
Respecting Access to Documents Help by Public Bodies and the Protection of Personal Information",
Chapter III "Protection of Personal Information"
HRWjze � 10
IMPLEMENTATION ESTIMATED EFFORT
Our implementation process consists of meetings and questionnaires to fill for the different modules. Your organization
will not take part in all tasks and many will overlap in time. Our estimation for this project's first phase GO Live (basic set
up) is 8 week's total assuming the project team is available and responsive.
You will be assigned a dedicated customer success agent who will be your direct contact for questions about
implemented modules. All new requests and new module roll -outs will be directed to your dedicated implementation
specialist.
As previously mentioned we offer a full year of implementation (stating at Kick-off) allowing you to install modules
in stages suitable to your organization's needs. During implementation, included is:
Implementation by CHRA certified x Change management consulting,
professionals, Training by certified professionals,
Dedicated implementation specialist, * Phone support from g to 4 EST on week days,
Process reviews, Email support; answer time based on urgency.
A kick-off meeting within 2-3 weeks of signing date (dependent on resource availability) will launch the implementation
process.
Following the kick-off meeting, a full roadmap of the project would then be provided to you including all phases of the
project and the training schedule according to your needs. For initial implementation, this is the outline of the project
week 1 week 2-3 week 4-5 week 6-7 week 8
TRAIN & DEPLOY
PROCESS REVIEW
Kick off meeting Analyse existing Gather data
Interview environment Upload data Provide training
stakeholders - HR process review (user group specific) - Ongoing support
Configure settings Deploy HRWize
Define scope Establish roadmap Test
OUTCOME
gi, Organisation
and process to be Platform
ready for benefits from
ready
boundaries go -live
HRwtze 11
MAINTENANCE AND SUPPORT AFTER IMPLEMENTATION
Support is available by email and phone from gam to 4pm EST, from Monday to Friday, excluding statutory holidays.
All below response and resolution times are in business hours. Support page available 24/7.
Support according to importance:
Si - Urgent - Response:l hour - Resolution: 4 hours
S2 - Average - Response time: 4 hours - Resolution: 14 hours
S3 - Low - Response: i day - Resolution: 5 days
PRICE OF THE PROJECT
Implementation fees
Implementation fees are $50 per employee onetime. All added employees after GO LIVE are yours to be added at no
added implementation charge.
You will benefit from 1.2 months of full implementation services, allowing you to utilize our professional services team
to assist you in rolling out any new modules, or define new processes or programs you may have in mind.
Licensing fees
**Licensing fees are subject to increase after end of 12 months' agreement, up to 10%.
Licenses
Users
Rate per User
Annual Cost
WIZEST
55
1.3$ per user
$1.0,140
WIZEST signed by April 27" 2o18
S5
1.2$ per user
$ 7,920
Implementation
Employees
Rate per employee
Implementation Cost
WIZEST implementation
55
50$ per employee
$ 2,750
**ALL prices are in CAD
Payment terms
50% of the equivalence of the services fees payable within 30 upon receipt, to initiate the implementation process. The
remainder of the service fees along with the license fees will be payable within 3o days of GO LIVE or after go days from
kick-off whichever happens first.
HRwtze 12
Additional licenses added throughout the first 6 -month agreement will be billed retroactively upon renewal or end of
term. All future renewals to be 12 months in length, payable in two installments at 6 months rolling.
Use of Logo
We're very excited to have you on board, and look forward to utilizing your valued brand amongst our list of
referenceable clients. Upon signature, City of Orono authorizes HRWize to use its logo on the client's section of the
Website.
SIGNATURES AND CONTRACT NUMBER
Contract number: HRW-1208
City of Orono
Diabsolut
Signature
Signature
Name
Dustin Rief
Name
Sally De Rosa, CRHA
Title
City Administrator
Title
President & Chief HR Officer
Company
City of Orono
Company
Diabsolut/HRWize
Date
Date
April -18th, 2oi8
HRwtze 13
AGENDA ITEM
Item No.: 29
Date: May 14, 2018
Item Description: Municipal Services Support Representative
Presenter: Dustin Rief, City Administrator Agenda City Administrator's
Section: Report
1. Purpose:
The City Organizational development committee has taken the opportunity to revise and update
city positions as they become vacant. In the review of the Administrative Support Assistant position
recently vacated by Monica Fadness' retirement the committee and leadership staff found a need to adjust
the job description. The position
2. Background: The review looked at current and future needs changing the duties enough to warrant a
completely new job description.
3. Staff Recommendation: I recommend approval of the job description and request for advertisement
COUNCIL ACTION REQUESTED
Motion to accept the job description for the Municipal Services Support Representative and provide
authorization to advertise subject to Local 12 Union approval.
Exhibits
Exhibit A. Municipal Services Support Representative — Job Description
Prepared By: 5b)R
Reviewed By: -Sb)R
Approved By: -T)2
Position Title:
Department:
Accountable to:
FLSA Status:
Union Status:
Compensation
Revision Date:
Nature of Work
CITY OF ORONO
Municipal Services Support Representative
Administration
City Clerk
Non-exempt
Office and Professional Employees International Union, Local No.
12, AFL-CIO
Grade 5 Local 12 Union Pay Scale
May 14, 2018
This position supports the administrative functions for the Administration, Finance, Planning and
Building, and Public Works Departments
Supervision Received and Exercised
This position reports to the City Clerk and does not supervise any other position within the City.
Essential Functions
Essential functions listed below are intended as illustrations of the various types of work that
may be performed. The omission of specific statements of duties does not exclude them if the
work is similar, related or a logical assignment to the position.
• Provide customer service to residents, contractors and the general public regarding
information related to the City and/or refer them to the appropriate resource.
• Administers license and permit programs, including: scheduling inspections, records, and
processing forms.
• Maintains city address database, including: assignment of new addresses and updates to
City maps.
• Handle cash receipts from customers.
• Meets and greets residents, clients and visitors, provides information or supplies , and
directs visitors to the appropriate staff
• Provides operational support, including filing, maintaining calendars, correspondence,
report preparation, data entry, word processing, database design and administration,
website administration, and completion of special projects.
The City of Orono is an Equal Opportunity Employer
• Types reports, forms, invoices, specifications, tabulations, legal documents, resolutions,
and other materials; composes and types routine correspondence
• Acts as secretary for one or more boards/commissions/or committees, typing and
distributing agenda, and forwarding copies of pertinent documents to
board/commission/or committee members.
• Enters and retrieves data and maintains computer files pertaining to costs, revenue,
purchases, deposits, bonds, escrows, fees, charges, permits, licenses, inventory, statistics,
property, personnel, payroll and other records.
• Compiles and summarizes data, checking against records to ensure completeness and
accuracy.
• Reviews applications, requisitions, invoices, vouchers and other forms for completeness
and accuracy; prepares billings; balances cash receipts, deposits and daily reports; and
maintains control ledgers and cost accounts.
• Answers the telephone and greats visitors, takes detailed messages, provides routine
information or directs callers and visitors to the appropriate authority.
• Maintains a complex filing system, including creating files, and filing and retrieving
documents.
• Responds to individuals seeking information, takes detailed messages, and complaints or
record information and forwards to the appropriate personnel, receives applications,
obtains required data, and makes necessary determinations and calculations; answers
question and explains procedures regarding permits, certificates, licenses, warrants, taxes,
interest, assessments, penalties, billings, and other matters requiring knowledge of city
ordinances, departmental policies and regulations; assists in completing forms,
applications, permits and licenses, and arranges appointments.
• Support payroll, utility billing and human resources processes and procedures
• Assist in coordinating city programs such as recycling and organics.
• Opens, sorts, distributes incoming mail. Routes mail to the appropriate personnel.
• Assists in the response to data requests as required under MN Data Practice regulations.
• Maintain records according to the MN Records Retention schedule and the City's
adopted policies.
• Maintains regular job attendance in accordance with a schedule established for the
position by the supervisor.
• Performs other related duties as assigned or as the situation dictates within the scope of
this position.
• Provide and facilitate exceptional customer service through caring, helpful, and
professional contacts (in person, phone, e-mail, and in writing).
Required Knowledge, Skills and Abilities
Knowledge:
• Clerical Knowledge of administrative and clerical procedures and systems such as
word processing, managing files and records, stenography and transcription, designing
forms, and other office procedures and terminology.
• English Language Knowledge of the structure and content of the English language
including the meaning and spelling of words, rules of composition, and grammar.
• Customer and Personal Service Knowledge of principles and processes for providing
customer and personal services. This includes customer needs assessment, meeting
quality standards for services, and evaluation of customer satisfaction.
The City of Orono is an Equal Opportunity Employer
• Computers and Electronics — Knowledge of electronic equipment, and computer
hardware and software, including applications and programming.
Skills:
• Active Listening Give full attention to what other people are saying, taking time to
understand the points being made, asking questions as appropriate, and not interrupting at
inappropriate times.
• Reading Comprehension Understand written sentences and paragraphs in work related
documents.
• Speaking — Talk to others to convey information effectively.
• Service Orientation Look for ways to help people.
• Writing Communicate effectively in writing as appropriate for the needs of the
audience.
Abilities:
• Written Comprehension — Able to read and understand information and ideas presented
in writing.
• Oral Comprehension Able to listen to and understand information and ideas presented
through spoken words and sentences.
• Oral Expression — Able to communicate information and ideas in speaking so others
will understand.
• Speech Recognition Able to identify and understand the speech of another person.
• Written Expression — Able to communicate information and ideas in writing so others
will understand.
Minimum Requirements
• High School Diploma or equivalent.
• Three (3) years of practical experience in a position of similar complexity, or equivalent
combination of education in clerical, secretarial, or office management fields and
experience.
• Notary public or ability to obtain licensure.
Desirable Oualifications
• Two (2) or four (4) years post -secondary education.
• Work experience in municipal government, document management/imaging technology
and/or IT desirable.
• Municipal Clerk Certification.
Physical Demands and Working Environment
This position operates in an office environment, where employees are protected from weather
conditions or contaminants, but not necessarily occasional temperature changes.
The City of Orono is an Equal Opportunity Employer
AGENDA ITEM
Item No.: 30
Date: May 14, 2018
Item Description: Compensation Plan Adjustment — Deputy Chief
Presenter: Ron Olson, Agenda City Administrator's
Finance Director Section: Report
1. Purpose. The purpose of this action item is to adopt a resolution approving an adjustment to the 2018
compensation plan for non-union employees.
2. Background. The City adopts an updated non-union pay scale annually. The 2018 pay scale was
approved at the December 10, 2017 meeting. Also adopted at that meeting was the 2018 City Budget.
Included in the budget was the funding to pay for additional wages and benefits to move the Deputy Chief
position from Grade 14 to Grade 15 of the pay scale. The need for this change has been being discussed
at a staff level for the last few years. The change was discussed with the Council at the April 23' work -
session.
3. Cost. The current Deputy Chief is at Step 7 of Grade 14 in the pay scale. Including benefits, a move
to Step 7 of Grade 15 would cost an additional $7,281.00.
4. Funding. The funding required for this change to the compensation plan is already included in the
2018 budget.
5. Staff Recommendation. Staff recommends approval of a Resolution Approving a Compensation
Plan Adjustment, moving the Deputy Chief to grade 15 effective May 14, 2018.
COUNCIL ACTION REQUESTED
Motion to adopt a Resolution Approving an Adjustment to the 2018 Compensation Plan for Non-union
Employees.
Exhibits
Exhibit A. Resolution
Exhibit B. Updated Non -Union Pay Scale
Prepared By: qJV
Reviewed By: _Sbja
Approved By: 5b)X
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO.
RESOLUTION APPROVING PAY PLAN ADJUSTMENTS FOR
THE DEPUTY CHIEF POSITION
WHEREAS, the City Administrator is responsible for recommending changes to the non-
union pay scale; and
WHEREAS, a potential inequity in the pay structure has been identified for the position
of Deputy Chief which is currently at grade 14; and
WHEREAS, the City is currently contracting with AEM to conduct a comprehensive wage
study of the City compensation plan that is expected to confirm the inequity; and
WHEREAS, an amount was included in the 2018 Police Budget for additional pay for this
position;
NOW, THEREFORE, BE IT RESOLVED, by the Orono City Council that the position
of Deputy Chief will moved from Grade 14 to Grade 15 effective May 14th 2018.
Adopted by the Council this 14" day of May, 2018.
ATTEST:
Anna Carlson, City Clerk Dennis Walsh, Mayor
CITY OF ORONO
NON-UNION EMPLOYEE COMPENSATION PLAN
POSITION GRADES
Grade Point Range
Positions in Grade
1
0-76
2
77-89
3
90-103
4
104-113
5
114-127
6
128-143
7
144-164
8
165-186
9
187-233
Office Manager (E)
10
234-299
City Clerk (E)
11
300-345
12
346-398
Building Official (E)
13
399-458
14
459-517
15
518-647
Community Development Director (E), Deputy Chief (E)
16
648-843
Public Works Director/City Engineer (E);
Finance Director (E)
17
844-970
Police Chief (E)
18
971-1068
19
1069-1176
City Administrator (E)
(E) = Exempt
Compensation Plan
Non -Union Employees
Pay Grades and Steps
For 2018 BUDGET
Grade
Start
Step 1
Step 2
S ep 3
S ep 4
S ep 5
S ep 6
S ep 7
Hourly
Annual
Hourly
Annual
Hourly
Annual
Hourly
Annual
Hourl
Annual
Hourly
Annual
Hourly
Annual
Hourly
Annual
1
16.10
33,484.76
16.596
34,520.37
17.11
35,588.01
17.64
36,688.68
18.18
37,823.38
18.75
38,993.17
19.33
40,199.15
19.92
41,442.42
2
17.13
35,622.09
17.66
36,723.80
18.20
37,859.59
18.76
39,030.51
19.35
40,237.64
19.94
41,482.10
20.56
42,765.05
21.20
44,087.68
3
18.22
37,895.84
18.78
39,067.87
19.36
40,276.16
19.96
41,521.82
20.58
42,806.00
21.22
44,129.89
21.87
45,494.74
22.55
46,901.79
4
19.38
40,314.72
19.98
41,561.56
20.60
42,846.98
21.24
44,172.14
21.89
45,538.29
22.57
46,946.69
23.27
48,398.65
23.99
49,895.52
5
20.62
42,888.00
21.26
44,214.43
21.91
45,581.89
22.59
46,991.64
23.29
48,444.99
24.01
49,943.29
24.75
51,487.93
25.52
53,080.34
6
21.94
45,625.53
22.61
47,036.63
23.31
48,491.38
24.03
49,991.11
24.78
51,537.23
25.54
53,131.16
26.33
54,774.39
27.15
56,468.45
7
23.34
48,537.80
24.06
50,038.96
24.80
51,586.57
25.57
53,182.03
26.36
54,826.83
27.17
56,522.51
28.01
58,270.63
28.88
60,072.81
8
24.82
51,635.96
25.59
53,232.95
26.38
54,879.33
27.20
56,576.63
28.04
58,326.43
28.91
60,130.34
29.80
61,990.04
30.72
63,907.25
9
26.41
54,931.87
27.23
56,630.80
28.07
58,382.27
28.94
60,187.91
29.83
62,049.39
30.75
63,968.44
31.71
65,946.85
32.69
67,986.44
10
28.10
58,438.16
28.96
60,245.53
29.86
62,108.80
30.78
64,029.69
31.74
66,009.99
32.72
68,051.53
33.73
70,156.22
34.77
72,326.00
11
29.89
62,168.26
30.81
64,090.98
31.77
66,073.19
32.75
68,116.69
33.76
70,223.39
34.81
72,395.24
35.88
74,634.27
36.99
76,942.55
12
31.80
66,136.44
32.78
68,181.90
33.79
70,290.62
34.84
72,464.56
35.92
74,705.73
37.03
77,016.22
38.17
79,398.16
39.35
81,853.77
13
33.83
70,357.92
34.87
72,533.93
35.95
74,777.26
37.06
77,089.96
38.21
79,474.18
39.39
81,932.14
40.61
84,466.13
41.86
87,078.48
14
35.99
74,848.85
37.10
77,163.76
38.25
79,550.27
39.43
82,010.59
40.65
84,547.00
41.90
87,161.86
43.20
89,857.58
44.54
92,636.68
15
38.28
79,626.44
39.47
82,089.11
40.69
84,627.95
41.94
87,245.31
43.24
89,943.62
44.58
92,725.38
45.96
95,593.18
47.38
98,549.67
16
40.73
84,708.97
41.99
87,328.83
43.28
90,029.73
44.62
92,814.16
46.00
95,684.70
47.43
98,644.02
48.89
101,694.86
50.40
104,840.06
17
43.32
90,115.93
44.66
92,903.01
46.05
95,776.31
47.47
98,738.47
48.94
101,792.24
50.45
104,940.44
52.01
108,186.03
53.62
111,531.98
18
46.09
95,868.01
47.52
98,833.00
48.99
101,889.70
50.50
105,040.93
52.06
108,289.62
53.67
111,638.78
55.33
115,091.52
57.04
118,651.06
19
49.03
101,987.24
50.55
105,141.49
52.11
108,393.29
53.72
111,745.67
55.39
115,201.72
57.10
118,764.65
58.86
122,437.79
60.68
126,224.52
rolson\spreadsheets\asst\wages\Paysteps Non -Union