HomeMy WebLinkAbout06-12-2017 Council PacketAgenda for Council Meeting Set for Monday, June 12, 2017, 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 — Consent agenda items are considered to be routine items to be enacted upon by
one motion by the City Council under this section of the agenda. Items on the Consent Agenda
are reviewed in total by the City Council and may be approved through one motion with no
further discussion by the Council. Any item may be removed by any Council Member, staff
member or person from the public for separate consideration. The City Council may add agenda
items to be considered as part of the Consent motion. If you wish to remove any item from the
Consent Agenda, please state the item number and description of the item. Memos regarding
each of the Agenda items are available in the Public Packet located in the lobby near the sign in
sheet.
Consent Agenda
2. Council Meeting Minutes of May 22, 2017
3. Council Work Session Minutes of May 22, 2017
4. Claims/Bills
5. Approval of Transient Merchant License — Renaissance Fireworks
6. Approval of Kennel Licenses
7. Approval of Hauler License
8. Reschedule Public Hearing for Carman Bay LID
9. Public Works Maintenance Worker Compensation Adjustment
10. Road Maintenance Contract Award 2017
11. Willow Drive Trail Rehabilitation
12. Appoint John Thiesse to Planning Commission — Third, Three-year term
13. Purchase of Tax Forfeited Parcels for Permanent Conservation
14. #17-3934 — Jim Kirkland o/b/o North Shore Marina Smith's Bay, 1955 Shoreline Drive,
Variances, Resolution
15. #17-3936 — Orono Public Schools, 685 Old Crystal Bay Road N.,
Conditional Use Permit, Resolution
16. # 17-3 93 7 — Black Bear Builders o/b/o John Brooks, 905 Ferndale Road W,
Variances, Resolution
17. #17-3938 — TC Homes, Inc., (Brian Tutt) o/b/o Nancy Bloms, 1325 Rest Point Lane,
Variances: Lot Area, Lot Width, Street Side yard setback — Resolution
18. Resignation of Rachel Dodge - Administrative Support Assistant
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Agenda for Council Meeting Set for Monday, June 12, 2017, 7:00 P.M.
Orono Council Chambers, 2780 Kelley Parkway, Orono, MN 55356
952-249-4600 / www.ci.orono.mn.us
Public Comments — (Limit 5 Minutes per Person)
This is an opportunity for the public to address matters not on the agenda. The council will not engage
in discussion or take action on items presented at this time. However, the council may refer issues to
staff for follow up or consideration at a future meeting. Speakers should state their name and home
address at the podium before speaking.
Public Works/City Engineer Report
19. Public Works Maintenance Worker Appointment
Planning Department Report — Planning Commission Representative Loren Schoenzelt
20. # 17-3 9 10 Lake West Development, LLC, 3245 Wayzata Boulevard,
Interim Use Permit: Temporary Use for Construction Staging, Resolution
21. #17-3935 — Orono Public Schools, 2687 Wayzata Boulevard West,
Conditional Use Permit, Resolution
22. #17-3939 — John Bailey, 2807 Casco Point Road,
Conditional Use Permit, Resolution
23. #17-3940 — Jason & Analise Peterson, 4105 Highwood Road,
Variances, Resolution
24. #17-3941 — Orono Public Schools/ City of Orono, 685 Old Crystal Bay Road N,
Text Amendment: School District Zoning
25. #17-3925 — City of Orono, Text Amendment: Small Lots/ Setbacks
Mayor/Council Report
26. Resolution of Appreciation to Rachel Dodge
City Administrator's Report
27. Wayzata Fire Service Agreement
City Attorney's Report
Adjournment
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Agenda for Council Meeting Set for Monday, June 12, 2017, 7:00 P.M.
Orono Council Chambers, 2780 Kelley Parkway, Orono, MN 55356
952-249-4600 / www.ci.orono.mn.us
Upcoming Events
2017
06-19-17 — Planning Commission Meeting, Monday, 6:30 p.m. (Dennis Walsh)
06-26-17 — Council Work Session, Monday, 5:00 p.m.
06-26-17 — Council Meeting, Monday, 7:00 p.m.
07-03-17 — Holiday Observed, Monday, City Offices Closed
07-04-17 — Independence Day, Tuesday, City Offices Closed
07-10-17 — Council Meeting, Monday, 7:00 p.m.
07-17-17 — Planning Commission Meeting, Monday, 6:30 p.m. (Richard Crosby)
07-24-17 — Council Work Session, Monday, 5:00 p.m.
07-24-17 — Council Meeting, Monday, 7:00 p.m.
08-07-17 — Park Commission Meeting, Monday, 6:30 p.m.
08-14-17 — Council Meeting, Monday, 7:00 p.m.
08-21-17 — Planning Commission Meeting, Monday, 6:30 p.m. (Aaron Printup)
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, May 22, 2017
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, Council Members Richard Crosby, 11, Wendy Dankey, and Aaron Printup. Representing
Staff were City Administrator Doug Reeder, Senior Planner Michael Gaffron, City Attorney Soren
Mattick, and Recorder Jackie Young.
Mayor Walsh called the meeting to order at 7:00 p.m., followed by the Pledge of Allegiance.
APPROVAL OF AGENDA
1. CONSENT AGENDA
Item Nos. 12a and 12b were added to the Consent Agenda.
Printup moved, Dankey seconded, to add Items No. 12a and 12b to the Consent Agenda.
VOTE: Ayes 4, Nays 0.
Printup requested Item No. 9 be removed from the Consent Agenda.
2. CITY COUNCIL MEETING OF MAY 8,2017
3. CLAIMS/BILLS
4. LICENSES — GARBAGE HAULERS
5. SURFACE WATER MANAGEMENT PLAN PROPOSAL
6. APPOINTMENT OF 2017 SEASONAL EMPLOYEES
7. #16-3822 LAKEWEST DEVELOPMENT, LLC, 3245 WAYZATA BOULEVARD —
RESOLUTION NO. 6761
1091*44ral I FAIKI) are] :111011h I Wt Klmo 13LVA I 04IN W.101 1x.3 9 9 91-0111.1 We) OL11105 105 F.11 "Ald
ORDINANCE FOR PUBLICATION: WETLAND REGULATIONS — SUMMARY
ORDINANCE NO. 196 AND ORDINANCE NO. 196, THIRD SERIES
9. #17-3911 LAKEWEST DEVELOPMENT, LLC, 3245 WAYZATA BOULEVARD
INTERIM USES SUMMARY ORDINANCE — SUMMARY ORDINANCE NO. 196
This item was removed from the Consent Agenda.
10. CITY OF ORONO TEXT AMENDMENT: LIQUOR HOURS AND DAYS OF OFF SALE
ORDINANCE NO. 197, THIRD SERIES
11. SPECIAL CITY COUNCIL MEETING FOR JUNE 2, 2017
12. SPECIAL CITY COUNCIL MEETING FOR JUNE 3,2017
Page 1 of 9
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, May 22, 2017
7:00 o'clock p.m.
12a. CARMAN BAY LAKE IMPROVEMENT DISTRICT
12b. APPOINTMENT OF MARK KOHL TO THE LMCD
Printup moved, Crosby seconded, to approve the Consent Agenda as amended. VOTE: Ayes 4,
Nays 0.
PUBLIC COMMENTS
None
PRESENTATION
13. WESTONKA HISTORICAL SOCIETY UPDATE — PAMELA MYERS
Myers provided an update to the City Council on the activities of the Westonka Historical Society for the
first four months of 2017. Myers reported the organization is fiscally sound, thanks in large part to the
year-end appeal challenge, and has a growing social media presence. The Historical Society continues to
provide Saturday history talks, a quarterly newsletter, and will be celebrating the 100' Anniversary of the
Westonka High School in September. November 23, 2017, from 10:00 to noon will be a local version of
the Antiques Roadshow.
The City Council took no formal action on this item.
9. #17-3911 LAKEWEST DEVELOPMENT, LLC, 3245 WAYZATA BOULEVARD
INTERIM USES SUMMARY ORDINANCE — SUMMARY ORDINANCE NO. 194
No staff report was given.
Printup stated he would like to restate his position on this item. Printup noted this interim use request
came about as a result of the Highway 12 improvement project and that one of the Planning
Commissioners asked whether this interim use ordinance could be repealed after that project was
completed. Printup stated he got the sense that there was an uncertainty about what it could be used for
after that project is done. Printup stated while Orono has not had this tool available in the toolbox
previously, he is still opposed to it.
Mattick noted this is a summary ordinance and that it does require a four-fifths vote. If a four-fifths vote
is not achieved, the City would have to publish the ordinance in its entirety.
Dankey stated it was her understanding that it was only for this project and that it was only interim.
Mattick indicated it is an ordinance change and that other entities could apply for an interim use pen -nit.
The City Council has the ability to repeal the ordinance at any time but it would be the law of the land
until it is changed or repealed.
Walsh commented this would give the City another tool to work with to give permission for some type of
business operation on a temporary basis that would not otherwise be currently allowed. Walsh stated
while the ordinance change came about because of the road construction project, it would give the City
Page 2 of 9
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, May 22, 2017
7:00 o'clock p.m.
the ability in the future to approve other temporary business activities. Since the site is zoned residential,
without the ordinance change, the property would be limited in what it could be used for until that
development occurs.
There were no public comments regarding this item.
Printup moved, Crosby seconded, to adopt SUMMARY ORDINANCE NO. 194, Third Series, an
Ordinance Amending the Orono Municipal Zoning Code by Adding Article XIV Regarding
Interim Uses. VOTE: Ayes 4, Nays 0.
PUBLIC WORKS/CITY ENGINEER REPORT
14. ANNUAL PUBLIC HEARING FOR NATIONAL POLLUTANT DISCHARGE
ELIMINATION SYSTEM (NPDES) PHASE 11 STORM WATER PERMIT
Edwards reviewed his May 22, 2017, Staff memorandum, noting that the City is required to hold a public
hearing tonight to receive public input and comments regarding the City of Orono's Storm Water
Pollution Prevention Program (SWPPP). An additional requirement of the permit is to prepare and
submit an annual report to the MPCA. Staff has prepared that report and will submit it to the MPCA
following this meeting. The City's storm water infrastructure has also been included in the asset
management system.
Walsh asked how the City's asset management system that was approved in 2015 has been working.
Edwards stated the new system has been functioning well. Some of the assets that had previously been
included in the system were the City's road system, water system, and sewer system.
Walsh noted the system is like a 31) version of Orono showing all the infrastructure of the City. As new
assets are brought in, those are put on the system, which then allows Staff to track when repairs were
made.
Mayor Walsh opened the public hearing at 7:28 p.m.
There were no public comments.
Mayor Walsh closed the public hearing at 7:28 p.m.
The City Council took no formal action on this item.
PLANNING DEPARTMENT REPORT
15. #17-3910 LAKEWEST DEVELOPMENT, LLC, 3245 WAYZATA BOULEVARD
INTERIM USE PERMIT: TEMPORARY USE FOR CONSTRUCTION STAGING,
RESOLUTION
Gaffton reviewed his Staff memorandum dated May 22, 2017.
Mayor Walsh asked if anyone from the public would like to comment on this item.
Page 3 of 9
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, May 22, 2017
7:00 o'clock p.m.
Alan Engleman, 315 North Crystal Bay North, thanked the City Council for what they did at the state
property. Engleman asked whether concrete crushing would be allowed on the site and what construction
staging would consist of
Walsh stated the Council will be discussing that this evening.
Engleman stated in his view the City should not allow crushing.
Walsh asked how Mr. Engleman feels about storage.
Engleman stated he is fine with that as long as it is not a big pile of asphalt and then decide next year to
ask permission to construct it. Engleman indicated he is fine with the storing of pipe and equipment
repairs.
Walsh asked if he is okay with piles of black dirt, concrete or blacktop.
Engleman stated he is doubtful it will be removed and that anything that will be crushed should not be
allowed on the site since the contractor will not want to double handle the material and will likely ask for
permission at a later time to crush it. Engleman indicated he is fine with black dirt being stored on the
site.
Curt Fretham, Lakewest Development, stated it comes down to a construction project where there is
asphalt, concrete and recycling of road materials. The contractor has moved the activity downtown
forcing the contractor to do it onsite, which causes disturbance to the local businesses. Fretham stated the
City has a choice to move it to a site where it will be less of a distraction but there will be some noise and
dust generated.
Fretharn noted he did speak with Eureka this morning and that they are interested in setting up at this
location and moving it out of the downtown area. Eureka has crushed 10,000 tons approximately so far
and has approximately 30,000 more tons to go this year as well as 30,000 tons each year for the next two
years. Eureka has indicated they would like to do it at this location. If this site is not approved for the
crushing operation, it is doubtful Hennepin County will stop it from happening onsite.
Fretham indicated he also talked with Rick Lupient, who lives across the street from this site, and he has
written a letter in support of the concrete crushing and storage on this site.
Fretham stated based on his conversation with Eureka, he is comfortable they can support the activity
without bringing materials in from other sites. Fretham stated sneaking materials into the site would be
obvious since it will need to be hauled in with large dump trucks and 18 -wheelers.
Engleman noted this job was let the 10' of January and by the 13' of February, Eureka had obtained a
permit from the state. Engleman stated Lakewest Development applied after that date and that Eureka did
not bid this job based on using this site.
Fretharn stated Eureka bid the job based on onsite crushing.
Walsh stated it comes down to a philosophical discussion about what the City wants to see happen on the
property and that the City needs to take into consideration the nearby residents.
Page 4 of 9
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, May 22, 2017
7:00 o'clock p.m.
Crosby asked where the crushing would occur if it is not allowed on this site.
Walsh indicated it would be in the middle of the road somewhere since the road and the right-of-way is
owned by Hennepin County.
Crosby stated this site would be the least intrusive to the businesses and makes the most sense.
Dankey stated moving the crushing operation to this site will limit the disruption to the downtown
businesses and their customers.
Printup commented he does not agree with the crushing and that he would like to hear more on the
staging of the concrete and asphalt. Printup stated in his view there is more to come after the storage,
which could lead to the crushing. Printup noted the City does not need to allow it and that it is currently
happening in Long Lake.
Walsh noted the crushing activity will move to different areas as the road project progresses.
Crosby stated Orono also needs to be good neighbors to Long Lake and that he is concerned about the
disruption to the local businesses.
Walsh stated portions of the road will be closed in sections all the time and that he is leaning towards not
allowing it on this site. Walsh questioned what could happen if the crushing activity is moved to this site
and all the apples get dust on them. Walsh stated that could destroy an apple orchard that has been there
for 50 years.
Dankey asked what the Dumas family did during the construction of the road that was right next to them.
Dankey noted the residential development also abuts right up to the apple orchard.
Walsh stated the City cannot control Hennepin County and that there were likely complaints made to
them during the project.
Engleman commented it was not a problem when they were putting in the road.
Walsh stated the issue is the crushing and the resulting dust and debris.
Crosby noted the City can impose a time frame on the crushing activity and only allow it towards the end
of the project.
Walsh stated the City can impose any conditions they deem appropriate and that he does not mind the
storage of pipe, machinery and black dirt. Walsh stated if it was not for the apple orchard, he would not
have an issue with it, but the apple orchard is the Dumas' livelihood.
Crosby asked how big a crusher is.
Gaffron stated the whole crushing operation is at least a football field long and that the crusher would
probably fit in half of the Council chambers. Gaffron stated he stood out in front of Otten Brothers while
they were operating and it was not that dusty, which is likely related to the equipment they were using.
Page 5 of 9
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, May 22, 2017
7:00 o'clock p.m.
Walsh stated if it is a windy day, there likely will be dust blowing all over the place.
Engleman commented the dust was blowing on the cars and that Eureka had to put up tarps to prevent it
from blowing over onto the John Deere property.
Dankey and Crosby both agreed that that is more reason to get it off the road where it has the least impact
on everybody.
Printup asked if there is another larger area in Orono that is further remote. Printup asked whether the
contractor could use Baker Park Preserve, which is located in Hennepin County and ftirther removed from
everybody.
Walsh commented Hennepin County does not want contamination at the park.
Dankey stated there are also a number of homes near the park.
Printup stated he does not want it to be Orono's problem and that there are other solutions that could be
explored.
Dankey noted it will be in front of everyone at some point as well as near the school and the soccer fields
if it continues down Highway 12.
Gaffron noted Baker Park is owned by Three Rivers Park District and that it is unlikely they would allow
it on their site. Gaffron stated to his knowledge there is not another site close by in Orono except the site
where the Public Works Department recycles some material. Gaffron stated if it is moved to that site, the
residents in that area would likely complain. Gaffron indicated there might be large pieces of property in
Medina.
Crosby asked how close this property is to the apple orchard.
Gaffron indicated it is probably 500 to 700 feet to the nearest house and a 1000 feet from the orchard
compared to 50 feet in front of Otten Brothers.
Dankey noted the trees between the housing development project and the Dumas Orchard are getting all
the dust and everything from that project. Dankey stated she has more concerns with the dust from that
development impacting the apple orchard than from this site.
The City Council reviewed an aerial map of the area. Gaffron pointed out the residences near this site.
Dankey stated in her view the property is not that close to other homes.
Printup stated it is Hennepin County's project and that it can stay on their road. Printup commented it
does not need to be in Orono.
Crosby noted it will be in Orono sooner or later and that the City can place different restrictions on the
activity if it is on this site.
Page 6 of 9
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, May 22, 2017
7:00 o'clock p.m.
Printup moved to allow construction staging of nonconcrete or asphalt based material, such as dirt
and sand, and staging and storage of construction equipment. The motion was not seconded.
Dankey asked whether it would be worth it to Mr. Fretham. if that was the extent of it.
Fretharn pointed out all those things are secondary to the recycling, which is the main issue that they are
looking to solve. Frethain stated the contractor is okay with doing it downtown, but the choice is whether
the City wants it downtown or whether they want to control the activity. Frethain stated he appreciates
the willingness to allow those items since it seems to be a move toward a compromise, but that the
recycling activity is the driver behind the request.
Walsh suggested this item be tabled until the next Council meeting since it appears to be a tied vote at this
point and that there is one council member absent this evening.
Dankey commented doing the concrete crushing along the road is also time consuming and delays the
project.
Walsh stated there are a lot of unintended consequences that could happen with either option and that
there is no easy solution.
Printup moved, Crosby seconded, to table Application No. 17-3910 Lakewest Development, LLC,
3245 Wayzata Boulevard, Interim Use Permit, to the June 12, 2017, City Council meeting.
VOTE: Ayes 4, Nays 0.
16. #17-3929 TODD IRVINE ON BEHALF OF ANTOINETTE BEENDERS, 1669 NORTH
FARM ROAD, VARIANCES (Average setback, bluff impacts) AND CONDITIONAL USE
PERMIT (Grading) — RESOLUTION NO. 6762
Gaffron reviewed his Staff memorandum dated May 22, 2017, noting that the applicant is requesting
approval for replacement and/or reconstruction of the existing deck and pool as well as removal and
replacement of existing retaining walls on the lake side of the existing residence. A conditional use
permit is required for grading work as well as variances for average lakeshore setback encroachment and
bluff encroachment.
Crosby asked if the slope is off to the right.
Gaffron stated the applicants are proposing two changes to the slope. The applicants are proposing to
make the existing slope more uniform and will not change the direction of the storm water. Staff does not
feel there will be any negative impacts to the neighbors since they are located further back and there is
some woods in the area. Gaffron noted there is a cul-de-sac in the northwest comer of the property and
that it has been suggested the City armor the section along the north boundary at some point in the future.
Todd Irvine, Landscape Architect, stated what currently exists on the property is in dire need to be
replaced and improved. As part of this project the size of the pool will be reduced and the retaining walls
will be pulled back toward the house so that the height of the retaining walls will be lessened to eight or
ten feet. Irvine indicated they will be using modular block for the new wall and then planting native
grasses below the wall and Boston ivy on the wall to soften the effects of it. Also being proposed are
some river birches, grasses, arborvitae, and other shrubs as well as one set of stairs.
Page 7 of 9
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, May 22, 2017
7:00 o'clock p.m.
Irvine indicated they will be doing something similar to the slope that some of the other properties in the
area have done. Irvine noted the Planning Commission had expressed some concerns about stormwater
and that they have added a system directing the runoff into the drainage swale that exists along the east
side of the property.
Crosby moved, Printup seconded, to adopt RESOLUTION NO. 6762, a Resolution Approving
Variances from Municipal Zoning Code Section 78-1279 and a Conditional Use Permit Pursuant to
Municipal Zoning Code Sections 78-966 through 78-968, File No. 17-3929. VOTE: Ayes 4, Nays 0.
17. RESOLUTION OF APPRECIATION OF MICHAEL GAFFRON — RESOLUTION NO.
6763
Printup moved, Crosby seconded, to adopt RESOLUTION NO. 6763, a Resolution of Appreciation
to Michael P. Gaffron for more than 39 years of dedicated service to the City of Orono.
VOTE: Ayes 4, Nays 0.
MAYOR/COUNCIL REPORT
Printup stated he had nothing to report but that he would like to give a round of applause to Michael
Gaffron for his many years of service to the City.
Walsh reported the Code Review Committee met last week and discussed the City's various fees for
building permits and variances. That item will likely be coming before the City Council in June. Walsh
stated in his view the fees will be reduced tremendously and will also include an explanation of why the
fee is what it is.
Walsh noted the City Council earlier this year approved videotaping the Planning Commission meetings
and that the web results for the last five months demonstrate that people are interested in watching the
meetings.
Walsh thanked the City Council for approving that as well as for all the good discussion they have on the
different applications.
1011 MAY.1 130V 110 KI 1 .117.111111130 :9 B) 03 .14 N
City Administrator Reeder stated Staff had asked the state auditor's office to give the City some relief
from the June 30 deadline for the City's audit to be completed due to the fmance director being out on
sick leave. The City has received an extension until September.
Reeder stated the City also received a report today from the Metropolitan Council on Orono's April,
2016, population. The Metropolitan Council has projected the City's population at 7,691, which is a
slight increase in population. Reeder indicated he will provide that report to the Council.
CITY ATTORNEY'S REPORT
Mattick stated he had nothing to report.
ADJOURNMENT
Page 8 of 9
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, May 22, 2017
7:00 o'clock p.m.
Crosby moved, Printup seconded, to adjourn the Orono City Council meeting at 8:30 p.m. VOTE:
Ayes 4, Nays 0.
ATTEST:
Anna Carlson, City Clerk Dennis Walsh, Mayor
Page 9 of 9
MINUTES OF THE
ORONO CITY COUNCIL WORK SESSION
Monday, May 22, 2017
6:00 p.m.
PRESENT: Mayor Dennis Walsh, Council Members Richard Crosby II, Wendy Dankey, Aaron
Printup.
Representing Staff were Interim City Administrator Doug Reeder, and Police Chief Correy
Farniok.
Mayor Walsh called the work session to order at 6:00 p.m.
1. Mark Kroll — LMCD Candidate
The City Council interviewed Mark Kroll for possible appointment as Orono's Lake Minnetonka
Conservation District Board Representative.
2. Minutes Discussion
The City Council discussed the idea of shortening the City Council Minutes by not including a
verbatim Staff reports since they are already available in the agenda packet. After discussion, the
City Council concurred with staff recommendation, that the City Council Minutes not include
verbatim of its Staff report while it appears in the agenda packet.
3. Security — Correy Farnio
Police Chief Farniok discussed with the City Council security measures which should be taken at
City Hall.
4. Carman Bay Lake Improvement District addition for Re2ular Meetini!
Interim City Administrator Doug Reeder informed the City Council that he would like to add an
item to the Regular City Council agenda, to set a public hearing for the establishment of the
Carman Bay Lake Improvement District.
Ad oumed at 6:45 p.m.
i
ATTEST:
Anna Carlson, City Clerk Dennis Walsh, Mayor
AGENDAITEM
Item No.: 4 Date: June 12, 2017
Item Description: Claims/Bills
Presenter: Danielle Amira Agenda Consent Agenda
Accountant 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
107522 to 107626, totaling $234,278.50.
3. Noteworthy Payments.
Vendor
Amount
Description of Payment
# 107577 Met Council
$7,380.45
Payment for four May 2017 SAC, Sewer Access Charge.
#107592 Pember Companies
$ 54,730.38
Payment, RFP#3 for Lift Station #2 backup generator
installation
#107595 Pump & Meter
Services Inc.
$8,006.58
Payment for Fuel System Upgrade.
4. Staff Recommendation. Staff recommends approval of a motion authorizing payment to the claims
list as presented.
COUNCIL ACTION REQUESTED
Motion to approve the claims list as presented.
Exhibits
A. Check Register
Prepared By: Oaa Reviewed By: Daa Approved By: D5R,
City of Orono Check Register - COUNCIL REPORT Page 1
Check Issue Dates: 5/23/2017 - 6/12/2017 Jun 08, 2017 11:58AM
Payee
Check
Issue Date
Check
Number
Invoice
Number
Invoice GIL Account
A 1 ELECTRIC SERVICE OF WA
06/12/2017
107522
20209
101-45200-404
A 1 ELECTRIC SERVICE OF WA
06/12/2017
107522
20210
101-45200-404
Total 107522:
Administration
4.28
Remiburse-CC Meeting 05/22/17
Mayor & Council
A 1 RENTAL
06/12/2017
107523
123468
101-43000-212
Total 107523:
104.44
Unit 424 PRewet System & Tire Chain System
Public Works Department
6,118.00
ADVANCED IMAGING SOLUTIO
06/12/2017
107524
331827998
101-41900-413
ADVANCED IMAGING SOLUTIO
06/12/2017
107524
331851949
101-42110-413
Total 107524:
ANNA CARLSON
06/12/2017
107525
AC042717
101-41300-489
ANNA CARLSON
06/12/2017
107525
AC042717
101-41110-439
ANNA CARLSON
06/12/2017
107525
AC042717
101-42400-439
Total 107525:
ASPEN EQUIPMENT
06/12/2017
107526
10177261
101-43000-221
Total 107526:
BEN WASSCHER
06/12/2017
107527
2017-00263
101-22205
Total 107527:
BIFFS INC
06/12/2017
107528
W636289
101-45200-415
BIFFS INC
06/12/2017
107528
W636290
101-45200-415
BIFFS INC
06/12/2017
107528
W636291
101-45200-415
BIFFS INC
06/12/2017
107528
W636292
101-45210-415
BIFFS INC
06112/2017
107528
W636293
101-45200-415
BIFFS INC
06/12/2017
107528
W636294
101-45200-415
BIFFS INC
06112/2017
107528
W636295
101-45200-415
BIFFS INC
06/12/2017
107528
W636296
101-45200-415
Total 107528:
BNR IRRIGATION SERVICES
06/12/2017
107529
91444
101-45210-404
Description Department Invoice
Amount
Replacement Control Breaker Panel-Bederwood Pa Parks 1,673.10
Flood seal splice-Bederwood Park Parks 513.10
Rental -Propane Patch truck
Public Works Department
30.23
30.23
CH Copier Lease -05/20-06/2/17
Central Services
1,465.76
Police Copier -05/20-06/20/17
Police Department
449.12
ADA, Service, HandSani-Hackberry-April26-May 23
Parks
1,914.88
Remiburse-Ron Get Well Card
Administration
4.28
Remiburse-CC Meeting 05/22/17
Mayor & Council
13.98
Remiburse-Mike Gaffron Retirement Items
Building & Zoning
86.18
ADA, Service, HandSani-French Creek Park Preser
Parks
104.44
Unit 424 PRewet System & Tire Chain System
Public Works Department
6,118.00
Escrow Refund -#2017-00263-4775 North Shore Dr
2,000.00
2,000.00
ADA, Service, HandSani April26-May 23 2017
Parks
160.00
ADA, Service, HandSani Apri126-May 23 2017
Parks
160.00
ADA, Service, HandSani-Hackberry-April26-May 23
Parks
125.00
ADA, Service, HandSani-Golf Course-April26-May 2
Golf Course
62.79
ADA, Service, HandSani-Crystal Bay Playground -A
Parks
62.50
ADA, Service, HandSani-Navarre Playground-Apri12
Parks
160.00
ADA, Service, HandSani-French Creek Park Preser
Parks
62.50
ADA, Service, HandSani-Lurton Park-April26-May 2
Parks
58.03
850.82
Golf Course Irrigation Repair
Golf Course
205.75
City of Orono Check Register - COUNCIL REPORT Page: 2
Check Issue Dates: 5/23/2017 - 6/12/2017 Jun 08, 2017 11:58AM
Check Check Invoice Invoice GIL Account
Payee Issue Date Number Number
Total 107529:
BOYER TRUCKS 06/12/2017 107530 32 181432R 602-49450-402
Total 107530:
BUSINESS ESSENTIALS 06/12/2017 107531 WO -295642- 101-41900-201
Total 107531:
CAPITOL BEVERAGE SALES, L. 06/12/2017 107532 1876547 101-45210-091
Total 107532:
CARDMEMBER SERVICE
06/12/2017
107533
AE052417
225-45025-404
CARDMEMBER SERVICE
06/12/2017
107533
AE053017
101-41300-43�
CARDMEMBEIR SERVICE
06/12/2017
107533
AE053017
101-41110-439
CARDMEMBER SERVICE
06/12/2017
107533
CF051017
101-42110-437
CARDMEMBEIR SERVICE
06112/2017
107533
CF0604017
101-42110-402
CARDMEMBEIR SERVICE
06/12/2017
107533
CF060717
101-42110-439
CARDMEMBEIR SERVICE
06/12/2017
107533
DG060117
225-45025-221
CARDMEMBEIR SERVICE
06/12/2017
107533
R0050117
101-41110-439
CARDMEMBER SERVICE
06/12/2017
107533
R0052217
101-41110-439
CARDMEMBER SERVICE
06/12/2017
107533
R0052517
101-43000-221
CARDMEMBEIR SERVICE
06/12/2017
107533
R0060717
601-49400-221
CARDMEMBEIR SERVICE
06/12/2017
107533
R0060717
602-49450-221
CARDMEMBEIR SERVICE
06/12/2017
107533
S005/26/17
435-48967-441
Total 107533:
CCP INDUSTRIES INC. 06/12/2017 107534 IN01898719 101-43000-22E
Total 107534:
CECE S SIGNS 06/12/2017 107535 7388 101-45200-222
Total 107535:
CENTERPOINT ENERGY MAIN 06/12/2017 107536 5865-1.MAY2 601-49400-381
Description
Unit 713 -Oil Line Parts Off Motor
Department Invoice
Amount
205.75
Sewer 94.09
94.09
Labels, Index markers, napkins, plastic forks & spoo Central Services
beer for resale
Golf Course
Message Board for Lurton Park -Per Park Commissi
Food -M. Gaffron Retirement
Administration
Food- City Admin Interview Refreshments
Mayor & Council
Lodging-Deposit-PLEAA Conf-K.Herzog & H. Gehla
Police Department
Car Wash Squad #235
Police Department
Items For Police Commission Mtg
Police Department
Picnic Table -for East Hillside
Cookies -CC Meeting -05/8/2017
Mayor & Council
Dinner -Council Work Session -05.22.17
Mayor & Council
2-1pad Truck Mounts -Public Works
Public Works Department
Phoneline Amplifier for Public Works-SCADA Syste
Water
Phoneline Amplifier for Public Works-SCADA Syste
Sewer
Right of Way Permit -Fox Street
Traffic Vests
signs
May/I 7 -Gas -04/21/17-05/19/17
Public Works Department
Parks
Water
107.68
107.68
92.75
92.75
589.85
70.00
56.90
379.18
13.00
22.45
1,136.28
6.99
67.51
74.98
23.55
23.55
330.00
orzIffill4i
274.15
126.00
126.00
566.31
City of Orono Check Register - COUNCIL REPORT Page: 3
Check Issue Dates: 5/23/2017 - 6/12/2017 Jun 08, 2017 11:58AM
Payee
Check
Issue Date
Check
Number
Invoice
Number
Invoice GIL Account
Description
Department
Invoice
Amount
CENTERPOINT ENERGY MAIN
06/12/2017
107536
5865-1.MAY2
602-49450-381
May/17-Gas-04/21/17-05/19/17
Sewer
243.97
CENTERPOINT ENERGY MAIN
06/12/2017
107536
5865-1.MAY2
101-41900-381
May/1 7 -Gas -04/21117-05/19/17
Central Services
280.56
CENTERPOINT ENERGY MAIN
06/12/2017
107536
5865-1.MAY2
101-42110-381
May/1 7 -Gas -04/21/17-05/19/17
Police Department
86.71
CENTERPOINT ENERGY MAIN
06/12/2017
107536
5865-1.MAY2
101-45210-381
May/1 7 -Gas -04/21/17-05/19/17
Golf Course
43.49
Total 107536:
1,221.04
CHARLES CUDD
06/12/2017
107537
2016-01122
101-22205
Escrow Refund -#2016-01122-1200 Bracketts Point
2,500.00
Total 107537:
2,500.00
CHRIS FISCHER
06/12/2017
107538
CF052117
101-42110-226
Remiburse-Uniforrn
Police Department
110.57
Total 107538:
110.57
CHUNKS LAKESHORE AUTO
06/12/2017
107539
0014783
101-42110-402
#237 Perform oil, filter & on board computer analysi
Police Department
250.09
CHUNKS LAKESHORE AUTO
06/12/2017
107539
0014792
101-42110-402
#841 Perform Oil change, filter, inspect all fluid
Police Department
84.24
CHUNKS LAKESHORE AUTO
06/12/2017
107539
0014796
101-42110-402
#230 Perform service, oil, filter
Police Department
61.28
CHUNKS LAKESHORE AUTO
06/12/2017
107539
0014801
101-42110-402
#243 Perform oil change, filter, tire rotation
Police Department
42.74
CHUNKS LAKESHORE AUTO
06112/2017
107539
0014807
101-42110-402
4235 Replace leaking thermostat, fill system
Police Department
228.93
CHUNKS LAKESHORE AUTO
06/12/2017
107539
0014810
101-42110-402
#241 -oil, filter, service, rear tire leak check, replace
Police Department
93.11
Total 107539:
760.39
CLIFTON LARSON ALLEN LLP
06/12/2017
107540
1556223
101-41900-301
2016 Audit Services
Central Services
2,500.00
Total 107540:
2,500.00
DIAMOND MOWERS INC.
06/12/2017
107541
0125888 -IN
101-43000-403
Fail Mower Replacement Knife
Public Works Department
283.33
Total 107541:
283.33
DPC INDUSTRIES
06112/2017
107542
827000638-1
601-49400-216
chemicals
Water
380.49
Total 107542:
380.49
DUSTIN RIEF
06/12/2017
107543
DR060117
101-41300-331
Remibursement-Lodging-Administrator Candidate
Administration
325.05
Total 107543:
325.05
City of Orono Check Register - COUNCIL REPORT Page 4
Check Issue Dates: 5/23/2017 - 6/12/2017 Jun 08, 2017 11:58AM
Check Check Invoice Invoice GIL Account
Payee
Issue Date
Number
Number
Parks
ECM PUBLISHERS INC
06/12/2017
107544
489964
101-45200-352
ECM PUBLISHERS INC
06/12/2017
107544
492012
101-45200-352
ECM PUBLISHERS INC
06/12/2017
107544
494060
101-41900-352
ECM PUBLISHERS INC
06/12/2017
107544
494061
101-41900-352
ECM PUBLISHERS INC
06112/2017
107544
494062
101-41900-352
ECM PUBLISHERS INC
06/12/2017
107544
494063
101-41900-352
ECM PUBLISHERS INC
06/12/2017
107544
494067
435-48966-352
ECM PUBLISHERS INC
06/12/2017
107544
494450
101-45200-352
ECM PUBLISHERS INC
06/12/2017
107544
49690
101-42400-340
ECM PUBLISHERS INC
06/12/2017
107544
497220
101-45200-352
Total 107544:
EDEN PRAIRIE POLICE DEPART
06/12/2017
107545
ORONO PID
101-42110-437
Total 107545:
EMBEDDED SYSTEMS INC.
06/12/2017
107546
34281
101-42110-403
Total 107546:
ERICKSON BUILDERS & CO
06/12/2017
107547
17120RON
101-43000-408
Total 107547:
ERIKA GULBRANDSON
06/12/2017
107548
2017-00198
101-22205
Total 107548:
FERGUSON WATERWORKS #25
06/12/2017
107549
0241019
601-49400-227
FERGUSON WATERWORKS #25
06/12/2017
107549
0241021
601-49400-227
FERGUSON WATERWORKS #25
06/12/2017
107549
0241092
601-49400-240
FERGUSON WATERWORKS #25
06112/2017
107549
0241092
602-49450-240
Total 107549:
FINANCE AND COMMERCE
06/12/2017
107550
100222235
435-48966-352
Total 107550:
Description
Department
Invoice
Amount
Seasonal Maint Worker Ad
Parks
92.50
Seasonal Maint Worker Ad
Parks
92.50
Publish Ord 196
Central Services
71.52
Publish Ord 194
Central Services
77.48
Publish Summary Ordinance
Central Services
83.44
Publish Ord 197
Central Services
166.88
2017 Street Improvement Bids -Ad
131.04
Seasonal Maint Worker Ad
Parks
92.50
Junel 9th Public Hearing Notice
Building & Zoning
89.40
Seasonal Maint Worker Ad
Parks
92.50
Mass Casualty/Active Shooter Trg Reg -6 Officers -W Police Department 150.00
150.00
6 -Month siren maint 07/01/17 to 12/31/17 Police Department 1,054.32
1,054.32
Guard Rail Repairs Public Works Department 7,000.00
7,000.00
Escrow Refund -#2017-00198-1480 6th Ave 2.500.00
2,500.00
meter parts
Water
1,152.75
meter parts
Water
2,014.26
meter parts
Water
61.50
meter parts
Sewer
61.50
3,290.01
2017 Street Projects
195.34
City of Orono Check Register - COUNCIL REPORT Page: 5
Check Issue Dates: 5/23/2017 - 6/12/2017 Jun 08, 2017 11:58AM
Total 107551:
Check
Check
Invoice
Invoice GIL Account
06/12/2017
Payee
Issue Date
Number
Number
107552
361510
G & K SERVICES
06/12/2017
107551
6006460011
101-43000-226
uniforms
G & K SERVICES
06/12/2017
107551
6006460011
101-43000-221
towels
G & K SERVICES
06/12/2017
107551
6006460011
101-41900-404
mats
G & K SERVICES
06/12/2017
107551
6006471098
101-43000-226
uniforms
G & K SERVICES
06112/2017
107551
6006471098
101-43000-221
towels
G & K SERVICES
06/12/2017
107551
6006482324
101-43000-226
uniforms
G & K SERVICES
06/12/2017
107551
6006482324
101-43000-221
towels
G & K SERVICES
06/12/2017
107551
6006504543
101-45210-404
Golf Course Mats
Total 107551:
Unit 431 Trailer Brake Away Kit
101-43000-402
#429 & #431 Oil Filters
GENUINE PARTS COMPANY/NA
06/12/2017
107552
359942
GENUINE PARTS COMPANY/NA
06/12/2017
107552
361510
GENUINE PARTS COMPANY/NA
06/12/2017
107552
361543
GENUINE PARTS COMPANY/NA
06/12/2017
107552
361550
Total 107552:
Department
2.63
Golf Course
GEPHART ELECTRIC CO INC
06/12/2017
107553
152613
Total 107553:
Description
101-43000-402
Unit 431 Trailer Brake Away Kit
101-43000-402
#429 & #431 Oil Filters
101-43000-403
Unit 429 Air Filter
101-43000-403
Unit 429 Loader Air Filter
601-16500 Instal SCADA System at North Water Plant
GOPHER STATE ONE CALL 06/12/2017 107554 7050627 601-49400-489 locates
GOPHER STATE ONE CALL 06/1212017 107554 7050627 602-49450-489 locates
Total 107554:
GRAFIX SHOPPE 06/12/2017 107555 114635
GRAFIX SHOPPE 06/12/2017 107555 114637
Total 107555:
101-42110-550 #248 Graphics Set Up
101-42110-550 #249 & #250 Graphics Set up
GRAINGER INC 06/12/2017 107556 9454178642 101-43000-224 Flags/Banners
Total 107556:
GRAND VIEW LODGE 06/12/2017 107557 R70676 101-41300-437 Lodging -D. Reeder
Total 107557:
Public Works
Department
Invoice
Amount
Public Works
Department
54.12
Public Works
Department
2.63
Central Services
14.40
Public Works
Department
54.12
Public Works
Department
2.63
Public Works
Department
54.12
Public Works
Department
2.63
Golf Course
5.13
Public Works
Department
—1.1 �
8.17
Public Works
Department
70.92
Public Works
Department
72.60
Public Works
Department
49.06
978.16
978.16
Water 294.30
Sewer 294.30
Police Department 380.00
Police Department 1,720.00
2,100.00
Public Works Department 89.80
Administration 215.40
City of Orono
06/12/2017
107564
MAY 2017
101-45200-319
Check Register - COUNCIL REPORT
Parks
JACKIE YOUNG
06/12/2017
107564
MAY 2017
Check Issue Dates: 5/23/2017 - 6/12/2017
CC meetings -05/08/17 & 05/22/17
Check
Check
Invoice
Invoice GIL Account Description
Payee
Issue Date
Number
Number
Total 107564:
GRANICUS INC.
06/12/2017
107558
86603
614-49840-329
web service 06/2017-08/31/2017
Total 107558:
107565
JD052517
101-42110-437
Remiburse-Lunch 3 Officers 1 st Responder Trg-JD,
Police Department
GREAT LAKES COCA-COLA
06112/2017
107559
3602203734
101-45210-092
beverages for concessions
Total 107559:
JJ TAYLOR DIST LF MN JJ TAYL
06/1212017
107566
2660178
101-45210-091
HEATHER GEHLEN
06/12/2017
107560
HGO51017
101-42110-437
Reimburse Mileage & Meals PLEAA Conf
Total 107560:
HENNEPIN COUNTY INFOR TE
06/12/2017
107561
1000093427
101-43000-414
radios -04/2017
HENNEPIN COUNTY INFOR TE
06/12/2017
107561
1000094780
101-41900-319
netwrok Support -06/2017
Total 107561:
HERC U LIFT
06/12/2017
107562
R041555
101-43000-415
Lift Devise For Flags/Banners Install
Total 107562:
INTEGRATELECOM
06112/2017
107563
14669608
101-42110-321
Phone service
INTEGRATELECOM
06/12/2017
107563
14669608
101-41900-321
Phone Service
INTEGRATELECOM
06/12/2017
107563
14669608
601-49400-321
Phone Service
INTEGRATELECOM
06/12/2017
107563
14669608
602-49450-321
Phone Service
Total 107563:
Department
Cable Franchise
Golf Course
Police Department
Public Works Department
Central Services
Public Works Department
Police Department
Central Services
Water
Sewer
JACKIE YOUNG
06/12/2017
107564
MAY 2017
101-45200-319
Park Commission meeting -05/01/0217
Parks
JACKIE YOUNG
06/12/2017
107564
MAY 2017
101-41300-319
CC meetings -05/08/17 & 05/22/17
Administration
JACKIE YOUNG
06/12/2017
107564
MAY 2017
101-42400-319
Planning Commission Mtg-05/15/17
Building & Zoning
Total 107564:
JAY DEMBOUSKI
06/12/2017
107565
JD052517
101-42110-437
Remiburse-Lunch 3 Officers 1 st Responder Trg-JD,
Police Department
Total 107565:
JJ TAYLOR DIST LF MN JJ TAYL
06/1212017
107566
2660178
101-45210-091
beer for resale -GC
Golf Course
Page: 6
Jun 08, 2017 11:58AM
Invoice
Amount
1,647.00
1,647.00
253.58
253.58
161.41
161.41
95.30
51.00
146.30
450.00
450.00
303.41
424.78
70.80
212.38
1,011.37
190.00
440.00
240.00
870.00
37.08
37.08
135.35
City of Orono
Check Register - COUNCIL REPORT
Check Issue Dates: 5/23/2017 - 6/12/2017
Page 7
Jun 08, 2017 11:58AM
Check
Check
Invoice
Invoice GIL Account Description
Department
Invoice
Payee
Issue Date
Number
Number
Amount
Total 107566:
135.35
KENNETH N POTTS PA
06112/2017
107567
051817
231-45650-307
Forfeit 2011 Silverado
3,000.00
Total 107567:
3,000.00
KRAHL'S PLUMBING
06/12/2017
107568
104
101-41900-403
Replacement Drinking Founatian-City Hall
Central Services
470.00
Total 107568:
470.00
L-3 COMMUNICATIONS
06/12/2017
107569
0258794-1 N
101-42110-550
Lights Input, Ignition Input, Battery Power
Police Department
38.00
Total 107569:
38.00
LOGIS
06/12/2017
107570
43569
601-49400-319
SCADA Firewall
Water
287.50
LOGIS
06/12/2017
107570
43569
602-49450-319
SCADA Firewall
Sewer
287.50
LOGIS
06/12/2017
107570
43569
101-43000-319
PW On site GIS Firewall VPn Fix
Public Works Department
115.00
LOGIS
06/12/2017
107570
43569
101-41900-319
Server Migration
Central Services
230.00
Total 107570:
920.00
LONG LAKE TRUE VALUE
06/12/2017
107571
B398098
101-45210-223
Roll of plastic and 2 keys
Golf Course
38.97
Total 107571:
38.97
MAILFINANCE
06/12/2017
107572
N6547307
101-41900-401
postage meter lease -06/16/17-09/15/17
Central Services
376.50
Total 107572:
376.50
MANSFIELD OIL COMPANY
06/12/2017
107573
20301892
101-42110-212
Fuel
Police Department
876.45
MANSFIELD OIL COMPANY
06/12/2017
107573
20301893
101-43000-212
Diesel
Public Works Department
440.32
MANSFIELD OIL COMPANY
06112/2017
107573
20301908
101-42110-212
Fuel
Police Department
1,963.04
MANSFIELD OIL COMPANY
06/12/2017
107573
20310076
101-42110-212
Fuel
Police Department
927.82
Total 107573:
4,207.63
MARTHA MEYERS HEAD
06/12/2017
107574
17-3904 & 17
101-22205
Escrow Refund -#1 7-3904&17-3905-2090 Shoreline
2,500.00
City of Orono
Check Register - COUNCIL REPORT
Check Issue Dates: 5/23/2017 - 6/12/2017
Check
Check
Invoice
Invoice GIL Account Description
Department
Payee
Issue Date
Number
Number
Total 107574:
MCFOA
06112/2017
107575
A.CARLOSN
101-41300-433
membership renewal A.Carlson
Administration
MCFOA
06112/2017
107575
SP053117
101-41500-433
membership renewal S. Pettit
Finance Department
Total 107575:
MEDIACOM
06/12/2017
107576
4327.JUNE 2
101-42110-329
internet-06/2017
Police Department
MEDIACOM
06/12/2017
107576
4327.JUNE 2
101-41900-329
internet-06/2017
Central Services
MEDIACOM
06/12/2017
107576
4327.JUNE 2
614-49840-329
internet-06/2017
Cable Franchise
Total 107576:
MET COUNCIL ENVIRONMENTA
06/12/2017
107577
MAY 2017
101-20802
May/2017-SAC
Total 107577:
METRO WEST INSPECTIONS S
06/12/2017
107578
1058
101-42400-310
April/17-Inspection Services
Building & Zoning
Total 107578:
MINUTEMAN PRESS
06/12/2017
107579
ORONOPOS
101-41900-352
2017 spring newsletter postage
Central Services
Total 107579:
MN DEPT OF HEALTH
06/12/2017
107580
708883
101-45210-441
Golf Course Hospitality Fee -2017
Golf Course
Total 107580:
MN NCIPERS GROUP LIFE INS
06/12/2017
107581
6732617
101-21710
Pera life 06/2017
Total 107581:
MN POLLUTION CONTROLAGE
06/12/2017
107582
SD -5999
602-49450-441
Collection System Operator license S. Oberaigner
Sewer
Total 107582:
MOUND TRUE VALUE
06/1212017
107583
144010
101-42110-221
Gorilla Tape, Cleaning Wipes
Police Department
MOUND TRUE VALUE
06/12/2017
107583
144032
101-42110-240
Table Fan
Police Department
Page: 8
Jun 08. 2017 11:58AM
Invoice
2,500.00
40.00
40.00
296.75
296.75
593.50
6,850.25
6,850.25
656.07
656.07
35.00
35.00
448.00
17.97
43.98
City of Orono Check Register - COUNCIL REPORT Page: 9
Check Issue Dates: 5/23/2017 - 6/12/2017 Jun 08, 2017 11:58AM
Check Check Invoice Invoice GIL Account
Payee Issue Date Number Number
Total 107583
MT1 DIST CO
06/12/2017
107584
1115912-00
101-45210-221
MT1 DIST CO
06112/2017
107584
1115912-01
101-45210-403
MT1 DIST CO
06/12/2017
107584
1117692-00
101-45210-403
MT1 DIST CO
06/12/2017
107584
1119741-00
101-45210-403
Total 107584:
NATURAL LANDSCAPE MINNES 06/12/2017 107585 1651
Total 107585:
NAVARRE HARDWARE
06/12/2017
107586
301593
NAVARRE HARDWARE
06/12/2017
107586
301647
NAVARRE HARDWARE
06/12/2017
107586
301715
NAVARRE HARDWARE
06/12/2017
107586
301745
NAVARRE HARDWARE
06/12/2017
107586
301755
NAVARRE HARDWARE
06112/2017
107586
301826
NAVARRE HARDWARE
06/12/2017
107586
301832
NAVARRE HARDWARE
06/12/2017
107586
302046
NAVARRE HARDWARE
06/12/2017
107586
302084
NAVARRE HARDWARE
06/1212017
107586
3022371
Total 107586
Description
Part for Irrigation Line -GC
Boot Valve Irrigation System -GC
Repair Irrigation Line
Return=Boot Valve Irrigation System -GC
225-45025-404 Lurton Park Transition To Dog Park
101-45200-223
Parts -Mounting Tape, Pruner Set
101-43000-222
Tool Holders
101-43000-224
Sign Supplies -Screws
101-43000-240
Carb Wire Brush, Mini Brush Set, Key
101-43000-226
Personal Protective Equipment
101-43000-224
Pad Locks
101-41900-223
Handsoap Refill
602-49450-227
Batteries
602-49450-227
Sewer Forcemain Repair Parts
602-49450-227
Batteries
NEWEGG INC
06/12/2017
107587
1300035856
101-41900-221
2 Dell Laptop PowerAdaptors
NEWEGG INC
06/12/2017
107587
1300038505
405-48500-575
Monitor -Conference Room
NEWEGG INC
06/12/2017
107587
1300371185
405-48500-575
Computer -Citizen Serve
NEWEGG INC
06/12/2017
107587
1300373892
405-48500-575
Laptop-PLanner
NEWEGG INC
06/12/2017
107587
1300385012
101-41900-221
Monitor Mount-Conf Room
Total 107587:
NORLINGS 06/12/2017 107588 32620
NORLINGS 06/12/2017 107588 32621
Total 107588:
101-45200-404 landscape maintenance Navarre Park
101-45200-404 landscape maintenance Crystal Bay Park
Department Invoice
Amount
Golf Course
20.60
Golf Course
560.73
Golf Course
330.60
Golf Course
544.96-
3,370.00
Parks
25.46
Public Works Department
3.99
Public Works Department
22.99
Public Works Department
12.76
Public Works Department
13.99
Public Works Department
155.88
Central Services
5.99
Sewer
14.99
Sewer
26.47
Sewer
5.99
Central Services 39.98
553.08
643.56
453.98
Central Services 36.99
Parks 439.00
Parks 344.00
— nn
City of Orono Check Register - COUNCIL REPORT Page: 10
Check Issue Dates: 5/23/2017 - 6/12/2017 Jun 08, 2017 11:58AM
Payee
Check
Issue Date
Check
Number
Invoice
Number
Invoice GIL Account
Description
Department
Invoice
Amount
OFFICE DEPOT
06/12/2017
107589
9306575770
101-41900-201
Office Supplies -Post its, soap, copy stamp, Tissue
Central Services
107.03
OFFICE DEPOT
06/12/2017
107589
9306576130
101-41900-201
Rubberbnds
Central Services
21.98
Total 107589:
129.01
OPG -3 INC
06/12/2017
107590
1824
101-41900-416
scanner, Laserfiche ScanConnect-Front Desk CH
Central Services
190.50
OPG -3 INC
06/12/2017
107590
1824
405-48500-575
scanner, Laserfiche ScanConnect-Front Desk CH
4,495.00
Total 107590:
4,685.50
OTTEN BROTHERS
06/12/2017
107591
1-1492179
101-45210-223
flowers
Golf Course
89.98
Total 107591:
89.98
PEMBER COMPANIES
06/12/2017
107592
9658
602-16500
RFP#3-LS#3
57,610.93
PEMBER COMPANIES
06/12/2017
107592
9658
602-20600
RFP#3-LS#3
2,880.55 -
Total 107592:
54,730.38
PERRYS TRUCK REPAIR
06/12/2017
107593
16842
231-45650-436
Tow -Search Warrant -Toyota Carnry
149.10
Total 107593:
149.10
PLAISTED COMPANIES INC
06/12/2017
107594
8620
101-45210-223
Top Dressing -Golf Course
Golf Course
866.21
Total 107594:
866.21
PUMP AND METER SERVICE IN
06/12/2017
107595
117026-1 J
101-41900-404
fuel System Upgrade
Central Services
8,006.58
Total 107595:
8,006.58
R.D. & Associates Specialized Ser
06/12/2017
107596
103168
101-43000-224
Tree Trimming/Removal Equipment
Public Works Department
500.75
Total 107596:
500.75
RANDYS SANITATION INC
06/12/2017
107597
1-16255-9
603-49500-442
April/2017-Spring City Clean Up Day
7,364.60
RANDYS SANITATION INC
06/12/2017
107597
MAY.2017
101-41900-404
May/2017 Trash Svcs
Central Services
256.71
RANDYS SANITATION INC
06/12/2017
107597
MAY.2017
101-45210-404
May/2017 Trash Svcs
Golf Course
59.18
RANDYS SANITATION INC
06/12/2017
107597
MAY.2017
101-45200-404
May/2017 Trash Svcs
Parks
394.59
City of Orono Check Register - COUNCIL REPORT
Check Issue Dates: 5/23/2017 - 6/12/2017
Page: 11
Jun 08, 2017 11:58AM
Payee
Check
Issue Date
Check
Number
Invoice
Number
Invoice GIL Account
Description
Department
Invoice
Amount
Total 107597:
8,075.08
REED WHOLESAILE/OFFICE CO
06/12/2017
107598
9373
101-45210-093
concessions Resale
Golf Course
272.60
Total 107598:
272.60
RICHARD NOLAN
06/12/2017
107599
2016-01098
101-22205
Escrow Refund -#2016-01098-2801 Fox Street
2,500.00
Total 107599:
2,500.00
ROB HOWELLS
06/12/2017
107600
RH053017
101-45210-223
Remburse-Golf Balls -Kids Clinic
Golf Course
51.40
Total 107600:
51.40
ROBERT WIENS
06/12/2017
107601
2015-01155
101-22205
Escrow Refund -#2015-01155-1425 Bay Ridge Rd
700.00
Total 107601:
700.00
ROGER RILEY
0611212017
107602
RR052417
101-22205
Escrow Refund -Withdrawn Building Permit -#2017-0
2,500.00
ROGER RILEY
06/12/2017
107602
RR052417
101-34410
Advanced Plan Review -Withdrawn Building Permit-
428.66
Total 107602:
2,928.66
ROMAN OLSHANSKY
06/12/2017
107603
2016-00533
101-22205
Escrow Refund -#2016-00533- 940 North Arm Dr
10,000.00
Total 107603:
10,000.00
RYAN, BOB
06/12/2017
107604
2016-00453
101-22205
Escrow Refund -#2016-00453-3625 Eilrrn Street
2,500.00
Total 107604:
2,500.00
SCOTT BORIS
06/12/2017
107605
SB052417
101-42110-437
Remburse- Parking & Training Reg -2 Officers
Police Department
190.00
Total 107605:
190.00
SUN LIFE FINANCIAL
06/12/2017
107606
237745.JUN
101-21710
Life Ins-June/2017
956.60
SUN LIFE FINANCIAL
06/12/2017
107606
237745.JUN
101-21713
LTD-June/2017
1,544.04
SUN LIFE FINANCIAL
06/12/2017
107606
237745.JUN
101-21714
STD-June/2017
499.70
City of Orono
Check Register - COUNCIL REPORT
Check Issue Dates: 5/23/2017 - 6/12/2017
Page: 12
Jun 08, 2017 11:58AM
Check
Check
Invoice
Invoice GIL Account Description
Department
Invoice
Payee
Issue Date
Number
Number
Amount
Total 107606:
3,000.34
TALLEN AND BAERTSCHI
06/12/2017
107607
MAY2017
101-41600-306
Prosecution Services -5/2017
Law/Legal Services
2,664.80
Total 107607:
2,664.80
TEE TIMES PRESS
06/12/2017
107608
22252
101-45210-352
Golf Course Advertising
Golf Course
250.00
Total 107608:
250.00
TERRY YOUNG
06/12/2017
107609
TY051717
101-43000-489
Damage Mailbox Replacement -1365 Park Dr
Public Works Department
70.00
Total 107609:
70.00
TESSMAN COMPANY
06/12/2017
107610
S251921 -IN
101-45210-223
fertilizer
Golf Course
128.73
TESSMAN COMPANY
06/12/2017
107610
S251933 -IN
101-45210-223
Weed Control
Golf Course
497.38
TESSMAN COMPANY
06/12/2017
107610
S253835 -IN
101-45210-223
fertilizer, fungicide
Golf Course
267.74
Total 107610:
893.85
TIM & JULIE DRUK
06/12/2017
107611
TJD060117
101-22205
Escrow Refund -#2016-00854-1240 Arbor Street
2,500.00
Total 107611:
2,500.00
TRI K SERVICES
06/12/2017
107612
050317
101-43000-224
Black Dirt
Public Works Department
44.00
TRI K SERVICES
06/12/2017
107612
050317
101-45200-223
Black Dirt
Parks
44.00
TRI K SERVICES
06/12/2017
107612
7329
101-43000-224
topsoil
Public Works Department
93.72
Total 107612:
181.72
TRINITY LUTHERAN CHURCH
06/12/2017
107613
TLCO51817
101-22205
Escrow refund -#205-01249-2060 Sixth Ave
700.00
Total 107613:
700.00
VALLEY RICH CO
06/12/2017
107614
24166
602-49450-406
Tractor Tamper Hydraulic, Yard Excavator
Sewer
9,636.89
Total 107614:
9,636.89
VANGUARD CLEANING SYSTE
06/12/2017
107615
52678
101-41900-407
Janitorial service
Central Services
1,435.50
City of Orono
Check Register - COUNCIL REPORT
Check Issue Dates: 5/23/2017 - 6/12/2017
Check
Check
Invoice
Invoice GIL Account Description
Department
Payee
Issue Date
Number
Number
VANGUARD CLEANING SYSTE
06/12/2017
107615
52678
101-42110-407
Janitorial service
Police Department
Total 107615:
VARNER MOBILE SERVICES LL
06112/2017
107616
5589
101-45200-402
Repairs Unit #210
Parks
VARNER MOBILE SERVICES LL
06/12/2017
107616
5590
602-49450-402
Vactor Unit 713 Repair
Sewer
VARNER MOBILE SERVICES ILL
06/12/2017
107616
5591
101-43000-402
Rapairs, Unit #432
Public Works Department
VARNER MOBILE SERVICES LL
06/12/2017
107616
5592
101-43000-402
Repairs Unit #431
Public Works Department
Total 107616:
VIKING INDUSTRIAL CENTER
06/12/2017
107617
3106975
601-49400-227
survey marking flags
Water
VIKING INDUSTRIAL CENTER
06/12/2017
107617
3106975
602-49450-227
survey marking flags
Sewer
Total 107617:
WACONIAFORD
06/12/2017
107618
87796
101-43000-402
Repair Tailgate Truck 709, Replacement Top Modeli
Public Works Department
Total 107618:
WASTE MANAGEMENT RECYC
06/12/2017
107619
0028309-280
603-49500-316
June/17 Recycling
Total 107619:
WATERS & COMPANY
06/12/2017
107620
001511.101-2
101-43290-800
Executive Recruitment -City Administrator
Special Projects -Contingencies
Total 107620:
WAYZATA BAY CAR WASH
06/12/2017
107621
13733
101-42110-402
car washes
Police Department
Total 107621:
WEILANDS ALL SEASONS CLINI
06/12/2017
107622
23939
101-41900-404
Spring A/C check -City Hall
Central Services
Total 107622:
WILDTHREADS
06/12/2017
107623
23734
101-45210-095
Orono Golf Course Polo Shirt
Golf Course
Total 107623:
Page: 13
Jun 08, 2017 11:58AM
Invoice
Amount
150.50
173.25
44C Cn
670.25
263.48
263.48
82.10
8,972.62
8,972.62
6,450.00
6,450.00
14.91
14.91
City of Orono Check Register - COUNCIL REPORT Page: 14
Check Issue Dates: 5/23/2017 - 6/12/2017 Jun 08, 2017 11:58AM
Payee
Check
Issue Date
Check
Number
Invoice
Number
Invoice GIL Account
Description
Department
Invoice
Amount
WINDSTREAM
06/12/2017
107624
69067485
601-49400-321
water plant phone -05/2017
Water
.85
Total 107624:
.85
XCELENERGY
06112/2017
107625
548405777
101-41900-381
Electric -04/20/17-05/21/17
Central Services
1,599.23
XCELENERGY
06/12/2017
107625
548405777
101-42110-381
Electric -04/20/17-05/21/17
Police Department
1,096.37
XCELENERGY
06/12/2017
107625
548405777
101-42110-381
Electric -04/20/17-05/21/17
Police Department
34.92
XCELENERGY
06/12/2017
107625
548405777
101-43000-381
Electric -04/20/17-05/21/17
Public Works Department
125.17
XCELENERGY
06/12/2017
107625
548405777
101-43000-386
Electric -04/20/17-05/21/17
Public Works Department
1,027.28
XCELENERGY
06/12/2017
107625
548405777
101-45200-381
Electric -04/20/17-05/21/17
Parks
35.36
XCELENERGY
06/12/2017
107625
548405777
601-49400-381
Electric -04120/17-05/21/17
Water
5,533.66
XCELENERGY
06/12/2017
107625
548405777
602-49450-381
Electric -04/20/17-05/21/17
Sewer
3,113.08
XCELENERGY
06/12/2017
107625
548405777
101-45210-381
Electric -04/20/17-05/21/17
Golf Course
581.37
Total 107625: 13,146.44
ZARNOTH BRUSH WORKS 06/12/2017 107626 0165016 -IN 651-49910-402 Disposable Gutter Broom, Broom Refill Storm Water 918.00
Total 107626: 918.00
Grand Totals: 234,278.50
AGENDAITEM
Item No.: 5 Date: June 12, 2017
Item Description: Approval of Transient Merchant License - Renaissance
Fireworks
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 Mark Lazarchic/ Renaissance Fireworks Inc.
TRANSIENT MERCHANT LICENSE
Applicant:
Mark Lazarchic/Renaissance Fireworks Inc.
Activity:
Sale of Consumer Fireworks
Location:
3435 Shoreline Drive
Date:
June 23 through July 5, 2017
Time:
10:00 a.m. to 9:00 p.m.
Mr. Lazarchich has submitted an application for a transient merchant license to sell
fireworks from a tent located in the parking lot at 3435 Shoreline Drive. Orono's C i t y
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 am to
8:00pm. Mr. Lazarchic has also submitted the attached request for Council approval to
allow 2 additional days of activity and an additional I hour of evening sales each day.
The transient merchant and sale of consumer fireworks applications have been reviewed
by staff and the Long Lake Fire Chief with recommendation for approval of the activity
as well as the requested additional days and hours of operation; provided no problems are
reported. Although Council approval is not required for the Sale of Consumer Fireworks
permit, a draft copy is attached for Council review. Council approved a transient
merchant license for Renaissance Fireworks in 2012, 2013, 2015, and 2016 for the sale
of consumer fireworks for additional days at the same location with the hours of
operation from 10: 00arn - 9: 00 pm.
COUNCIL ACTION REQUESTED
Motion to approve the listed license with 2 additional days and with the hours of operation from
10:00 a.m. — 9:00 p.m.
Exhibits
A. Draft Transient Merchant License
B. Renaissance Cover letter request
Prepared By: AMC
Reviewed By: AMC
Approved By: W
DATE ISSUED:
TRANSIENT MERCHANT LICENSE
DATES OF TRANSIENT MERCHANT
ACTIVITY:
NAME OF TRANSIENT MERCHANT:
PHONE NUMBER:
LOCATION OF TRANSIENT MERCHANT
SALES:
TYPE OF PRODUCT:
June 13, 2017
June 23, 2017 through July 5, 2017
Mark Lazarchic
Renaissance Fireworks
612-840-3240
3435 Shoreline Drive
(near Liquor Store in Navarre in 30' x 30' tent)
Minnesota Legal Fireworks
CONDITIONS:
I . Building permit for tent (30' x 30') must be obtained from the City of Orono.
2. Temporary sign permit must be obtained from the City of Orono.
3. "Permit for Sale and/or Storage of Consumer Fireworks" issued by the City of Orono must be on site and
available for inspection upon request.
4. Permit holder must comply with all rules and regulations of the Minnesota State Statutes, Minnesota Uniform
Fire Codes and City of Orono Municipal Code.
5. Business must be conducted between the hours of 10:00 a.m. and 9:00 p.m.
6. Fire extinguishers shall be installed per NFPA- 10.
7. "No Smoking" signs must be posted in clear view at all customer entrances.
8. Applicant must provide the name and phone numbers for at least two "Emergency Contacts" in case of after
hour's emergency. Emergency contact names and phone numbers must be confirmed to the Long Lake Fire
Marshal at the time of fire safety inspection. Number provided on application: Mark Lazarchic, 612-840-3240.
9. Personnel to be provided on-site 24 hours per day, or all fireworks must be locked in a secure location.
10. Transient merchant activities are approved initially for 10 days. Provided no problems are reported, 2
additional days of business are approved.
11. All trash and debris must be removed from site and the use of other businesses dumpsters are not permitted per
signed agreement.
12. 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 pen -nit, and agrees to inderrmify and hold harmless the City of
Orono from all claims arising from said activities as set forth on the application received on May 16, 2016.
13. 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 pen -nit
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, NIN 55323
Phone: 952-249-4600 / Fax: 952-249-4616 / www.ci.orono.mn.us
IREWORKS
� SW4MF**Aft6
1625 County Road 10 Ste D + Spring Lake Park, IVIN 55432
Phone., 612-638-7643 + www.renaissancefireworks.com
Orono City Council,
Our event proposal for the City of Orono is ) temporary tent sale of MN safe and Sane fireworks. Our date of
sales will be June 23rd, 2017 —July 5th, 2017. We will be setting up and taking down our tents the week before
and week after the sales dates. We understand the current code only allows for 10 days under the Transient
Merchant permft, we would like to request a 2-d . ay extension, so that our contractors can sell the Minnesota
legal fireworks during our regular season.
We also understand that your city only allows sales from 8am-8pm, we would like to request an extension to
9pm. If granted, we would be open from 10am-9pm.
Each season we have two independent contractors work each tent. These contractors are responsible for the
possession, sales, maintenance, and storage of the onzsite fireworks. Contractors are also in charge of on-site
security at all times when the product is not stored inside the container. We do not allow parking within 20 feet
of the tent as well.
If you have any further questions regarding our proposal, permit application, and or extension requests please
contact us.
Ila' 9 �n
amanda@serenityventuregroup.com
Cell: 651-308-9326
AGENDAITEM
Item No.: 6 Date: June 12, 2017
Item Description: Approval of Kennel License
Presenter: Rachel Dodge, Agenda Consent Agenda
Administrative Assistant Section:
1. Purpose. The purpose of this action item is to approve the below listed Kennel License.
2. Background. The residential kennel license applicant has met the requirements and
submitted a complete application.
3. Kennel License to be Approved
a. �Jennifer Bichanich
332 West Lake St
4. Staff Recommendation. Staff recommends approval of the 2017 residential kennel
license application.
COUNCIL ACTION REQUESTED
Motion to approve the above listed license.
Exhibit
A. Kennel license application and inspection slip
Prepared By: Rachel Dodge Reviewed By: AMC Approved By: W
City of Orono FOR C S L
P.O. Box 66 Kennel Inspected By:
2750 Kelley Parkway
Crystal Bay, MN 55323 Date Inspected:
(952) 249-4600
Recommends: val Denial
Owner: uu V1 �
Property Address:
ORONO KIENNEL 1JCENSE APPLICATION
Effective January 1, tLLI to December 3 1, '-. 11 t'- -
(include city and zip)
Mailing Address (if different):
Phone: (home) (work)
RESEDENTUL KENNEL LICENSE FEE: $50.00
(payment must accompany application)
DOGS
Current # of dogs owned (over 6 months of age):
Maximum # of dogs to be kept at one time (over 6 months of age)
Breed(s): LA,�
Purpose for dogs/cal
Dogs normally kept:
Cats normally kept:
W3
inside outside
inside outside
CATS
Current # of cats owned (over 6 months of age):
Maximum # of cats to be kept at one time (over 6 months of age)-
CONEWERCL&L Kennel License Fee: $150.00
(payment must accompany application)
Name of Business:
Business Activities:
Normal Business Hours:
�j 653 91P
(example: boarding, breeding, veterinary care, retail, etc.)
After Hours Contact- (name)
Dog runs/exercise areas are: --- inside
(phone)
outside both
"Mwl
The undersigned hereby makes application to the Orono City Council for a Kennel License as specified on
this form; the undersigned acknowledges that a kennel license is permissive only and does not grant any
authority to violate any provision of any City Ordinance or other law or regulation; the undersigned hereby
grants the City permission to inspect the premises prior to license approval and at any other reasonable time
during the license duration; and the undersigned agrees to abide by the requirements of Municipal Code
Chapter 62, Article M, Division 3; including any special conditions imposed by the City Council as part of
any kennel license approval,
Applicant Date
DATF TIME
CALLEDIN
CITY OF ORONO
I ECTION NOTICE WMEDULED
NSP COMPLETED
PERPAIT NO-
-'3?o
.......... 110 110,
ADDRESS lilloi . ........... j .... .. ........
P
NE
OWN04
CONTRACTOR
DESCRIPTION 0 SEPTIC FINAL
t 13 DEMO - FINAL [3 EXCAVjQRADIf4C.*ILUNQ
[3 FOOTING
[3 POURED WALL [3 ?LumBING RI 0 TREE REMOVAL
E3 FOUNDATION WATERPROOF [3 PLUMBING FINAL (3 SITE INSPECTION
13 RADON SLAB 13 mFrHMICAL RI [3 RATED WALLS
J3 FRAMING o MECHANICAL FINAL
13 WOOD BURNEWREPLACE 13 COMPLAINT
13 INSULATION WATER HOOK-UP 13 FOLLOWuP
[3 FOUNDATION/REMOVAL
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AGENDAITEM
Item No.: 7 Date: June 12, 2017
Item Description: Approval of Hauler License
Presenter: Rachel Dodge, Agenda Consent Agenda
Administrative Assistant Section:
1. Purpose. The purpose of this action item is to approve the below listed garbage & refuse
collector license.
2. Background. The garbage & refuse collector license applicant has met the requirements
and has submitted a complete application. A notice of spring road restrictions was
provided to each hauler.
3. List of Garbage & Refuse Collector Licenses to be Approved
a. Waste Management
490 Industrial Blvd
Winsted, MN 55395
4. Staff Recommendation. Staff is recommending approval of the above listed license
based on the applicant meeting the licensing requirements and having a history of
compliance with no complaints in recent years.
COUNCIL ACTION REQUESTED
Consider a motion to approve the above listed license.
Exhibit
A. Garbage & Refuse Collector License Application.
Prepared By: Rachel Dodge Reviewed By: AMC Approved By: M
City of Orono RECEIVED License Year 2017-2018
Box 66 (2750 Kelley Parkway) Date Receivel 517yr) (Mj��
Crystal Bay, MEN 55323 MAY 2.5 2017 Fee Paid'VZL7Initials _AtL_
(952) 249-4600
S H Garbage & RefuSdjfp8pq*6rqbicense Application
The undersigned wishes to operate the indicated business in the City of Orono and herewith makes applications for a
license to do so,
(Street) (City) (State) (Zip code)
Business Phone Number 3-oo 4AS qao I
Check One: El Individual E]Partnership '[gCorporation
Check All That Apply In Orono: T9 Residential Wommercial -QRoll-Off
Applicant's Name 1�cic� btyvv-le'
Address
(Street) (City) (State) (Zip code)
Phone Number 33n �A RS lLuu I Email A6hn Y)e Q_\, u3-r�, (h
NOTE: The City of Orono enforces spring weight restrictions each year. Orono follows the.State, typically
restrictions run from March V —May 15' each year. Fmes will be given if vehicles are over axel limits of 7
tons per axel. Enclosed is a copy of the Orono Resolution establishing seasonal weight restrictions on Orono
public city streets and a copy of our current year fee schedule.
DesUi�pfion of Vehicles (attach list if more)
Number of vehicles to be used in
Orono
Year
MfRr. Gross wt. Front Axle Wt.
Rear Axle Wt. Size/Yards
License Number
,a_C0
MCK—an !A 2)"von i ci noo
Llo-D -1)(p
Nbcri io3
am'_k
4kvbo ags;)cj S A 'f cy
Q0 a
\�bLq 55_S
mc. ( Y, a SALA __3-1 oa Q
I L( 01
N J� ye, &,4 q_9
General area of City served:
Schedule of Collection charges/ dates:
Approximate number of customers in Orono:
Location of dumping area: "_-1) f U r P �N N_ ffic I 0� e_ f Ok te I ra MftN 'S I ckt(dr)
IN ORDER FOR THIS APPLICATION TO BE MOCESSED, YOU MUST ENCLOSE THE
FOLLOWING:
* Application must be filled out in its entirety
* Surety bond in the amount of $1,000
* Proof of insurance in the amount of S 100,000 - $300,000 - $50,000 and I 0 -day cancellation clause
* Annual fee is a $75.00 flat rate fee, plus $15.00 per truck, and a $30.00 transfer fee (if applicable)
I am the owner and operator of the above business and I have paid all license fees and taxes required by law. I have
'fied that th bov in tion is correct.
ture
qApp icant i C Date
%0 SE ONLY: After review of application, staff recommends:
Ref� Y U —]Denial
Approval 00ther (specify) Lx&'"'o eq�'
Signature of City Official
Form SP -CI
LICENSE APPLICANT:
Pursuant to Minnesota statute 270.72 Tax Clearance: Issuance of Licenses, the licensing authority is required to
provide to the Minnesota Commissioner of Revenue your Minnesota business tax identification number and the
social security number of each license applicant.
Under the Minnesota Government Data Practices Act and the Federal Privacy Act of 1974, we are required to advise
you of the following regarding the use of this information:
I . This information may be used to deny the issuance, renewal or transfer of your license in the event you
owe the Minnesota Department of Revenue delinquent taxes, penalties or interest;
2. Upon receiving this information, the licensing authority will supply it only to the Minnesota
Department of Revenue. However, under the Federal Exchange of Information Agreement the
Department of Revenue may supply this information to the Internal Revenue Service;
3. Failure to supply this information may jeopardize or delay the processing of your licensing issuance or
renewal application.
Please supply the following information and return along with your application to the agency
issuing the license. DO NOT RETURN TO THE DEPARTMENT OF REVENUE.
LICENSE BEING APPLIED FOR OR RENEWED: Garbage Hauler
LICENSING AUTHORITY: Cfty of Orono, Hennepin CoLm
�, Minnesota
LICENSE RENEWAL DATE: May 31, 2017
PERSONAL INFORMATION (If applicable):
Applicant's Name
Applicant's Address
Social Security Number:
BUSINESS INFORMATION (If applicable):
Business Name
Business Addr(
city State zip
city State Zip
MINNESOTA TAX IDENTIFICATION NO: 35 � �A y !�,Q
FEDERAL TAX IDENTIFICATION NO: 2)(_0 - a co cis� a b
JL4 Minnesota T4 IderjXificAon number is not required, please explain on the reverse side.
P.; Yj�.I.T Ak,, . ,
Position (Officer, Partnit, etc.) Date
AGENDAITEM
Item No.: 8 Date: June 12, 2017
Item Description: Reschedule Public Hearing for Carman Bay LID
Presenter: Doug Reeder Agenda Section: Consent Agenda
Interim City Administrator
1. Purpose. To cancel a public hearing set for the Carman Bay Lake Improvement District on June 26,
2017 and reschedule it for July 24, 2017, because the DNR has assured us that there review will be
complete by then.
2. Background. The City Council was requested to set a public hearing on the proposed Lake
Improvement District for Carman Bay at the May 22, 2017 City Council meeting. Since that meeting it
was learned that the DNR was requiring some additional information for their review and that their
review would not be complete in time to hold the required public hearing on June 26, 2017. Therefore the
City Council is requested to cancel the public hearing which will be held on July 24, 2017 when the DNR
has completed their review of the required infon-nation. Notices for the public hearing were not sent out.
Staff Recommendation. I recommend that the City Council cancel the June 26, 201 Public Hearing for
the Carman Bay Lake Improvement District.
COUNCIL ACTION REQUESTED
Motion to reschedule the public hearing for the Carman Bay Lake Improvement District from June 26 to
July 24, 2017.
Prepared By: MR Reviewed By: D51Z
Approved By: W
AGENDAITEM
Item No.:
Date: June 12, 2017
Item Description: Public Works Maintenance Worker Compensation Adjustment
Presenter: Adam T. Edwards Agenda Consent Agenda
Public Works Director/City Engineer Section:
1. Purpose. The purpose of this action item is to gain approval to adjust Maintenance Worker Clint
Schumann's compensation.
2. Background. The City of Orono hired Mr. Clint Schumann as a Maintenance Worker in September
of 2015. Since his hire Clint has completed both the Water and Sanitary Licensing requirements which
are key milestones for an Orono Maintenance Worker. hi addition, he has proven himself as a motivated,
quick leaming employee as well as a highly competent equipment operator.
3. Requested Adjustment. Due to Clint's water and sewer licensure his wages should be
adjusted to Grade 7/ Step 3 ($24.94/ hour). Achievement of utility licensure is a key indicator of
an employees increased value to the department and City.
4. Staff Recommendation. In light of his value to the department and City, I strongly
recommend his wages be adjusted accordingly to Grade7/ Step 3.
COUNCIL ACTION REQUESTED
Motion to adjust Mr. Clint Schuman's wages to Grade 7/ Step 3 effective June 18'h 2017.
Prepared By:
Reviewed By: A -
Approved By: MR
AGENDAITEM
Item No.: 10
Date: June 12, 2017
Item Description: Road Maintenance Contract Award 2017
Presenter: Adam T. Edwards Agenda Consent Agenda
Public Works Director/City Engineer Section:
1. Purpose. The purpose of this action item is to gain council approval for award of the 2017 Street
Maintenance contract.
2. Background. At the March 22' Council Work Session the Council provided guidance on a way
forward for road maintenance funding and projects for the 2017 and 2018 construction seasons. At the
April 24' council meeting, council provided direction to staff on roads to include in 2017 Street
Maintenance project and approved the engineering and bid development proposal for the project.
3. Scope. Reclamation 6" of existing material, shaping the reclaimed material and paving with the 3.5"
of pavement in the city typical section as well as drainage improvements on Tonka Avenue, East Lake
Street and Northern Avenue. A 2" Mill and Overlay on Minnetonka Avenue. Repaving, striping and
concrete curb installation at the Crystal Bay Post office.
4. Cost. The city received three bids. The low bid is for $193,337.83 from Omann Brothers. In addition
to the construction cost, Bolton and Menk provided an estimate for construction oversight. (Exhibit B)
Who
Work
Cost
Status
Bolton
&Menk, hic
Design and Bid Engineering Construction
Oversight
$ 38,795.00
Not to exceed
Omann
Brothers
Reclamation and resurfacing of
$193,337.83
Pending award
Bolton
&Menk, hic
Construction Oversight
$ 23,400.00
Not to exceed
TOTAL
$255,532.83
5. Funding. The project will be funded from the Pavement Fund.
Fund
Total
CIP Estimate
Est. End of Year
Fund Balance
Pavement Fund
$ 255,532.83
$286,980
$273,329
Total
$ 255,532.83
COUNCIL ACTION REQUESTED:
Move to award the 2017 Street Maintenance Contract to Omann Brothers in the amount of $193,337.83
and to authorize Bolton and Menk to provide construction oversight.
Exhibits
A. 2017 Street Improvement Construction Plans
B. Bolton and Menk Construction Proposal
C. Bid Tab
Prepared By:
Reviewed By: A-7
Approved By: W
CITY OF ORONO
CONSTRUCTION PLANS FOR
2017 STREET IMPROVEMENTS
BITUMINOUS RECLAMATION, BITUMINOUS MILL AND OVERLAY
MAY, 2017
THE SUBSURFACE UTILITY INFORMATION IN THIS PLAN IS
UTILITY QUALITY LEVEL D. THIS UTILITY QUALITY LEVEL WAS
DETERMINED ACCORDING TO THE GUIDELINES OF Cl/ASCE
38-02, ENTITLED "STANDARD GUIDELINES FOR THE
COLLECTION AND DEPICTION OF EXISTING SUBSURFACE
UTILITY DATA."
,) Bolto, & M -k, - 2017, All Rghts Rese ... d
2 41 PM
T
0 1200 2400
HORZ.
SCALE FEET
0 BOLTON
& MENK
2638 SHADOW LANE, SUITE 200
CHASKA, MINNESOTA 55318
P hone: (952� 448-8838
Email: Chaska@bolton-menk.com
www.bolton-menk.com
THIS PLAN SET CONTAINS 14 SHEETS.
I HEREBY CERTIFY THAT THIS PLAN, SPECIFICATION, OR REPORT WAS PREPARED
BY ME OR UNDER MY DIRECT SUPERVISION AND THAT I AM A DULY LICENSED
PROFESSIONAL ENGINEER UNDER THE LAWS OF THE STATE OF MINNESOTA.
1EFFREY1. WEYANDT
LIC NO. 41342 DATE: XX/XX/2017
SHEET INDEX
PROJECT LOCATION
SHEET NO. GENERAL
1 TITLE SHEET
2 LEGEND
3 GENERAL NOTES
F9
4 CONSTRUCTION DETAILS
5 LOCATION PLAN
MH-1�1
6 STREET PLAN & PROFILE
7 STREET PLAN
8 STREET PLAN
9 STREET PLAN & PROFILE
10 STREET PLAN & PROFILE
NOTE: EXISTING UTILITY INFORMATION SHOWN ON THIS
11 STREET PLAN
PLAN HAS BEEN PROVIDED By THE UTILITY OWNER. THE
12 STREET PLAN
CONTRACTOR SHALL FIELD VERIFY EXACT LOCATIONS PRIOR
TO COMMENCING CONSTRUCTION AS REQUIRED BY STATE
13 SITE PLAN
LAW. NOTIFY GOPHER STATE ONE CALL, 1-800-252-1166 OR
651-454-0002.
THE SUBSURFACE UTILITY INFORMATION IN THIS PLAN IS
UTILITY QUALITY LEVEL D. THIS UTILITY QUALITY LEVEL WAS
DETERMINED ACCORDING TO THE GUIDELINES OF Cl/ASCE
38-02, ENTITLED "STANDARD GUIDELINES FOR THE
COLLECTION AND DEPICTION OF EXISTING SUBSURFACE
UTILITY DATA."
,) Bolto, & M -k, - 2017, All Rghts Rese ... d
2 41 PM
T
0 1200 2400
HORZ.
SCALE FEET
0 BOLTON
& MENK
2638 SHADOW LANE, SUITE 200
CHASKA, MINNESOTA 55318
P hone: (952� 448-8838
Email: Chaska@bolton-menk.com
www.bolton-menk.com
THIS PLAN SET CONTAINS 14 SHEETS.
I HEREBY CERTIFY THAT THIS PLAN, SPECIFICATION, OR REPORT WAS PREPARED
BY ME OR UNDER MY DIRECT SUPERVISION AND THAT I AM A DULY LICENSED
PROFESSIONAL ENGINEER UNDER THE LAWS OF THE STATE OF MINNESOTA.
1EFFREY1. WEYANDT
LIC NO. 41342 DATE: XX/XX/2017
22+00
1
IRON PIPE MONUMENT SET 0
ELECTRIC TRANSFORMER
0
SEMAPHORE TRAFFIC LIGHT
JJW CITY OF ORONO, MINNESOTA
B -N
DDS 2017 STREET IMPROVEMENTS
CHECKDO LEGEND
DOM
MONUMENTIFOUND
TEMPORARY EASEMENT
EXHAUST VENT
L_+1
SIGNAL BOX
CURB & GUTTER
CAST IRON MONUMENT FOUND
FLAG POLE
0
SIGNAL POLE - RR
BITUMINOUS EDGE
STONE MONUMENT FOUND
FILL PIPE
SOIL BORING
GRAVELEDGE
POST SET
SILT FENCE-PREASSEM BLED
GAS MANHOLE
SILT FENCE -HEAVY DUTY
SIREN
EROSION PROTECTION AT INLET
BENCH MARK
STORM SEWER
GAS REGULATOR
PERFORATED PIPE DRAIN
SPRINKLER HEAD
,III) A S
AUTO SPRINKLER
GAS VALVE
STORM MANHOLE
ANTENNA
KI
GAS METER
(T)
TELEPHONE MANHOLE
AIR CONDITIONER
ACCESS GRATE
N
PUBLICTELEPHONE
ANCHOR
HANDICAPPED PARKING
D
TILE INLET
AIR PUMP
HAND HOLE
TILE RISER
APRON
HYDRANT
TRAFFIC ARM BARRIER
i-
BASKETBALL HOOP
IRRIGATION CONTROL VALVE
TRAFFIC SIGN
BIRD FEEDER
LIGHT DECORATIVE
_3
TRANSMISSION TOWER
BENCH
LIGHT POLE
UTILITY POLE
BRACE POLE
FM 6
MAI LBOX
I L'L�
VACUUM
CATCH BASIN
IM]
METER
VENT PIPE
CLOTHES LINE POLE
POST
DECIDUOUSTREE
CONTROL POINT
MANHOLE
CONIFEROUSTREE
C
CLEAN OUT
Li
LIFT STATION MANHOLE
STUMP
COMMUNICATION PEDESTAL
MONITORING WELL
BUSH
CURB STOP VALVE
ORDER MICROPHONE
WELL
DITCH TOP
PARK GRILL
(W"
WATER MANHOLE
DRINKING FOUNTAIN
GAS PUMP
WATER METER
DOWN SPOUT
POST INDICATOR VALVE
WATER SPIGOT
ELECTRIC MANHOLE
PARKING METER
1x1
WATER VALVE
ELECTRIC METER
SANITARY MANHOLE
WETLAND / MARSH
BE E
ELECTRIC PEDESTAL
SATELLITE DISH
WETLAND - DELINEATED
En
OVERHEAD ELECTRIC LINE
-------------------
EASEMENT LINE
El I
UNDERGROUND ELECTRIC LINE
— — — — —
— — — —
BUILDING SETBACK LINE
cn_
GAS LINE
-X -1
FENCE LINE
Fl�
FIBER OPTIC LINE
GUARD RAIL
UNDERGROUND COMMUNICATIONS LINE
ACCESS CONTROL LINE
OVERHEAD UTILITY LINE
CENTERLINE
WATERSYSTEM
PROPERTY / LOT LINE
STORM SEWER
ROAD RIGHT-OF-WAY LINE
-----
----- ----
TILE LINE
RAILROAD RIGHT-OF-WAY LINE
SANITARY SEWER
GRAVELEDGE
SANITARY FORCEMAIN
BITUMINOUS EDGE
-----------
CULVERT
CONCRETE EDGE
----------------------------------
INTERMEDIATE CONTOURS
CURB & GUTTER
-------------------
INDEX CONTOURS
WATER EDGE
COUNTY LINE
WATER CENTERLINE
CITY LIM ITS
-----------------------
HIGHWATER LINE
SIXTEENTH LINE
WETILAND EDGE
QUARTER LINE
SWALE CENTERILINE
SECTION LINE
RAILROAD TRACKS
— — —
— — — — —
ADJACENT LINES
TREE DRIP LINE
22+00
1
ALIGNIVIENT/CENTERLINE
RIGHT-OF-WAY LINE
JJW CITY OF ORONO, MINNESOTA
B -N
DDS 2017 STREET IMPROVEMENTS
CHECKDO LEGEND
DOM
— — — — — —
TEMPORARY EASEMENT
CONSTRUCTION LIMITS
CURB & GUTTER
JEFFREY J. WEYANDT
Us. NO. 41342 DATE XX/XX/2017 -
CURB & GUTTER (OUT)
BITUMINOUS EDGE
CONCRETE EDGE
— — — — — — — — — — — — — — —
GRAVELEDGE
-----------------------------
SILT FENCE-PREASSEM BLED
— — — — — — — — — — — — — — —
SILT FENCE -HEAVY DUTY
EROSION PROTECTION AT INLET
>>
STORM SEWER
PERFORATED PIPE DRAIN
STORM DRAIN TILE
CULVERTW/APRON
STORM MANHOLE NUMBER
SIGN
LIGHT POLE
GUARD RAIL
C Bolton & Menk, Inc. 2017, All Rights Res—ed
H:\ORNO\Cl3ll2899\�D\C3D\She,ts\112899Gffl2.d,g 5/15/2G17 2:58 PM
2638 SHADOW LANE, SUITE 200
A, MINNESOTA 8
CHASK S531
BOLTON Phone: (952) 448-8838
Email: Chaska@bolton-menk.com
& MENK www.bolton-menk.com
0
IHEREB CEATHY THAT THIS PLAN, SPECIFICATION, OR REPORT — PREPARED BY ME OR
UND ERMY RECT SUPERVISION AND THAT I AMA DULY LICENSED PROFESSIONAL ENGINEER
UNDER THE LAVVS OFTHESTATEOF MINNESOTA.
JJW CITY OF ORONO, MINNESOTA
B -N
DDS 2017 STREET IMPROVEMENTS
CHECKDO LEGEND
DOM
SHEET
2
DF
14
JEFFREY J. WEYANDT
Us. NO. 41342 DATE XX/XX/2017 -
OVERLAY NOTES:
1. THE ENGINEER WILL MARK REMOVAL LIMITS IN THE FIELD PRIOR TO CONSTRUCTION. NO WORK SHALL COMMENCE UNTIL ALL REMOVAL LIMITS ARE
CLEARLY MARKED AND REVIEWED BY THE ENGINEER AND THE CONTRACTOR.
2. AREAS TO BE PATCHED WILL BE MARKED BY THE ENGINEER IN THE FIELD. PAYMENT FOR PATCHING SHALL BE PER THE BID ITEMS FOR COMMON
EXCAVATION (CY), AGGREGATE CLASS S (TON), AND BITUMINOUS BASE COURSE (PATCH ING) (TON).
3. THE CONTRACTOR SHALL PROTECT ALL CONCRETE VALLEY GUTTERS, EDGES AND IRRIGATICIN/SPRINKLER SYSTEMS. REPAIR OF DAMAGED
IRRIGATION SYSTEMS SHALL BE AT THE CONTRACTOR'S EXPENSE.
4. ALL REMOVAL ITEMS SHALL BE DISPOSED OF OFF-SITE IN PROPER ACCORDANCE WITH ALL FEDERAL, STATE AND LOCAL REGULATIONS.
S. MANHOLES AND GATE VALVES BOXES SHALL BE LOCATED IN THE FIELD BY THE CONTRACTOR. STRUCTURES SHOWN ON THE PLAN ARE SHOWN IN
AN APPROXIMATE WAY ONLY AND IT IS NOT GUARANTEED THAT ALL MANHOLES AND GATE VALVES BOXES ARE SHOWN.
6. THE CONTRACTOR SHALL SUPPLY UNEVEN PAVEMENT AND BUMP SIGNS IF REQUIRED BY THE MNMUTCD OR ENGINEER.
7. THE CONTRACTOR SHALL HAVE ONE QUALIFIED FLAG PERSON ON EACH END OF THE PAVING OPERATION AND AT OTHER LOCATIONS (SIDE STREETS,
PARKING LOT ENTRANCES, ETC.) AS REQUIRED OR DIRECTED BY THE ENGINEER. (INCIDENTAL TO TRAFFIC CONTROL.)
8. PROVISIONS SHALL BE MADE AND MAINTAINED BY THE CONTRACTOR DURING CONSTRUCTION TO PROVIDE ACCESS TO ALL BUSINESSES AND
RESIDENTS AT ALL TIMES. TEMPORARY ACCESS AND/OR ADDITIONAL TRAFFIC CONTROL DEVICES MAY BE NECESSARY TO ROUTE TRAFFIC. ALL
DISTURBANCE OF ANY ACCESS SHALL BE APPROVED BY THE ENGINEER PRIOR TO ANY DISTURBANCE OF THE DRIVEWAY. ALL TEMPORARY ACCESS
WORK SHALL BE INCIDENTAL TO CONSTRUCTION.
9. THE CONTRACTOR SHALL BE RESPONSIBLE FOR SUPPLYING, INSTALLING, ERECTING, MAINTAINING, AND THE COORDINATION OF ALL NO PARKING
SIGNS TO TEMPORARILY PROHIBIT VEHICLES PARKING WITHIN THE PROJECT LIMITS DURING CONSTRUCTION IN ACCORDANCE WITH AN APPROVED
PLAN. THE SIGN SIZE, COLOR, MESSAGE, ETC. SHALL BE APPROVED BY THE ENGINEER. NO SIGNS SHALL BE ERECTED WITHOUT PROPER NOTIFICATION
TO THE ORONO POLICE AND ENGINEER.
10. STREETS USED AS HAUL ROUTES SHALL BE SWEPT/CLEANED DAILY IN ORDER TO PREVENT A BUILDUP FROM DROPPED MILLINGS, BITUMINOUS, AC,
ETC. THIS WORK SHALL BE CONSIDERED INCIDENTAL TO THE PAVING.
11. ALL TRAFFIC CONTROL DEVICES SHALL BE IN COMPLIANCE WITH THE MIN MUTCD MANUAL GUIDELINES. ALL LAYOUTS SHALL CONFORM WITH THE
LATEST MN MUTCD FIELD MANUAL FOR TEMPORARY TRAFFIC CONTROL ZONE LAYOUTS.
12. FIELD CONDITIONS MAY REQUIRE MODIFICATIONS OF LAYOUTS AS DEEMED NECESSARY BY THE ENGINEER.
13. THE CONTRACTOR 15 RESPONSIBLE FOR ANY SIGNAGE NEEDED TO FACILITATE TRAFFIC SWITCHES OR FOR TRANSITIONING TRAFFIC FROM ONE
STAG E TO AN OTH E R.
14. ALL BITUMINOUS CURB OR BITUMINOUS BERM SHALL BE PROTECTED UNLESS MARKED IN THE FIELD FOR REPLACEMENT.
IS. CONTRACTOR SHALL GRADE RECLAIMED AREAS TO MATCH EXISTING DRIVEWAYS AND MAINTAIN POSITIVE DRAINAGE.
16. ENGINEER MAY ADD CURB IN THE FIELD.
2638 SHADOW LANE, SUITE 200
EEV GIL'On 1.B
o"
I HOPED CEATIFY H THIS PLAN, SPECIFICATION, OR REPORT PREPARED BY ME OR
UNDERMY RECT SUPERVISION AND THAT I AMA DULY LICENSED PROFESSIONAL ENGINEER
UNDER THE LAVVS OFTHESTATEOF MINNESOTA.
c.IcN,B
JJW
CITY OF ORONO, MINNESOTA
SHEET
C Bolton & Menk, Inc. 2017, All Rights Resewed
A :\ORNO\Cl3ll2899\�D\C3D\She,ts\112899Gffl3.dg 5/15/2G17 3:04 PM
BOLTON CHASKA, MINNESOTA 55318
Phone: 1911) U-8818
Emil: Chaska@bolton-menk.com
(D & MENK www.bolton-menk.com
D -N
DDS
"ECKOD
DPM
2017 STREET IMPROVEMENTS
GENERAL NOTES
3
DF
14
JEFFREY J. WEYANDT
Us. NO. 41342 DATE XX/XX/2017
BIT. rL BIT.
VARIES 17'-19'MATCH EXISTING
B412 CONCRETE CURB & GUTTER
VARIES 0.5% -*1'1--
1.5" BITUMINOUS WEAR TYPE SPWEA240B (2360) ' RECLAIM 5 -INCHES OF EXISTING MATERIAL
BITUMINOUS TACK COAT (2357)
2" NONWEAR SPNWB230B
EASTLAKE STREET
STREET TYPICAL SECTION STA 10+21-12+39.61
NOT TO SCALE
BIT. rL BIT.
VARIES 17'-19'MATCH EXISTING
0%_1%
1%-2%
1.5" BITUMINOUS WEAR TYPE SPWEA240B (2360) —RECLAIM 6-INCHESOF EXISTING MATERIAL
BITUMINOUS TACK COAT (2357)
2" NONWEAR SPNWB230B
EASTLAKE STREET
STREET TYPICAL SECTION STA 12+39.61-14+47
NOTTO SCALE
BIT. rL BIT
VARIES 17'-19'MATCH EXISTING
1%VARIES
1%-2%
2% VARIES
1.5" BITUMINOUS WEAR TYPE SPWEA240B (2360) —RECLAIM 6-INCHESOF EXISTING MATERIAL
BITUMINOUS TACK COAT (2357)
2" NONWEAR SPNWB230B
TONKA AVENUE
STREET TYPICAL SECTION
NOTTO SCALE
BIT.
I -
BIT.
(L
18'-35'MATCH EXISTING
I
D212 CONCRETE CURB & GUTTER. B412 CONCRETE CURB & GUTTE
SEE PLANS FOR LOCATION SEE PLANS FOR LOCATION
VARIES
VARIES
BIT.
- I
1.5" BITUMINOUS WEAR TYPE SPWEA240B (2360) ' RECLAIM 5 -INCHES OF EXISTING MATERIAL
BITUMINOUS TACK COAT (2357)
2" NONWEAR SPNWB230B
NORTHERN AVENUE
STREET TYPICAL SECTION
NOT TO SCALE
rL
15'-17'
2%
2%
BIT.
— 2" OVERLAY TYPE SPWEA240B (2360) MILL 1"-2" OF ENTIRE EXISTING BITUMINOUS
SURFACE TO OBTAIN A 2% CROWN
— BITUMINOUS TACK COAT (2357)
MINNETONKA AVENUE
STREET TYPICAL SECTION WITHOUT BITUMINOUS CURB
NOT TO SCALE
REMOVE EXISTING PAVEMENT.
THICKNESS VARIES
WEA240B BITUMINOUS WEARING COURSE
WEA240B BITUMINOUS WEARING COURSE
1. .' nc.
POST OFFICE PARKING LOT
NOT TO SCALE
3"
SLOPE 0 ' 75"
PER FOOT
0.5" R�
7
T_
EXISTING SURFACE
240B OVERLAY
- SPNWB230B
iREGATE BASE, CLASS 5, (2211)
AIDE PREPARATION 121121 IINCIDENTALI
PATCH REPAIR
NOT TO SCALE
CONCRETE CURB & GUTTER
DESIGN B412
NOT TO SCALE
1.5" R
j4"13.5 11
IMPORT TOPSOILAS REQUIRED TO MATCH 1/2" R (TYP)
EXISTING LAWN ELEVATION.
NEW PAVEMENT
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Us. NO. 41342 DATE XX/XX/2017
ELEVAT�ONS.SHOWN ON CURB LINE ARE GUTTER
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UC. NO. 41342 DATE XX/XX/2017
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41342 XX/XX/2017
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RECLAIM 6 -INCHES OF EXISTING MATERIAL APPROXIMATELY 3 -INCHES
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OF
14
JEFFREY J. WEYANDT
H:\OIRNO\Cl3ll2899\CAD\C3D\Sheet,\11289gC60l.dwg 5/16/2017 4:00 PEA
LIL No 41342
—1 XX/XX/2017
DPM
PARKING LOT STRIPING PLAN
(BOLTON
D, & MENK
Real People. Real Solutions.
June 7, 2017
City of Orono
Attn: Adam Edwards
PO Box 66
Orono, MN 55323
RE: 2017 Street Improvement Project - Construction Services
Dear Adam:
2638 Shadow Lane
Suite 20C
Chaska, MN 55318-1172
Ph: (952) 448-8838
Fax: (952) 448-8805
Bofton-Menk.com
As requested, we have prepared a scope of services and estimated fee for the construction services
associated with Street Improvement Project.
Scope of Services
Public Coordination/Communications
Bolton & Menk is committed to supporting the coordination requirements of this project with qualified
staff and will proactively engage affected property owners and the general public with timely and
accurate information via newsletters and website updates as desired by the City.
Construction Staking and Observation
Construction staking will be provided along with full time construction observation. Duties of the
Construction Observer will include the following:
• Attendance at the pre -construction meeting and all construction -related meetings
• Serve as a liaison between the City and the contractor
• Review of the completed work to determine if the project is in general conformance with the
plans and specifications
• Review of all materials testing
• Maintenance of construction documentation
Communication with affected property owners, as necessary, to address their construction -related
concerns and issues
Construction Administration
Construction administration duties will include the following:
• Administering a pre -construction meeting
• Review of shop drawings
• Preparation of pay estimates
• Contractor Communications
• Liaison with City Staff and Council
Record drawings detailing the completed improvements as recorded by the construction observer and the
City of Orono's contractor will be completed and furnished to the City in hard copy and electronic format.
Record plans will also be linked to the City mapping system.
C:\Users\aedwards\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\PWA9N6B4\2017 Street Improvements Construction Services 6-7-17.docx
Bolton & Menk is an equal opportunity ernpLo"r.
2017 Street Improvements
June 7, 2017
Page 2
Fee Estimate
Based on the scope of services described above, we propose a not -to -exceed of $23,400 to be billed on an
hourly basis. This fee also includes coordinating the work of a geotechnical engineering firm to complete
materials testing for the project. A separate proposal for materials testing services will be submitted to
the City for Review.
Please let me know if you have questions or need additional information.
Sincerely,
Bolton & Menk, Inc.
David P. Martini, P.E.
Principal Engineer
C:\Users\aedwards\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\PWA9N6B4\2017 Street Improvements Construction Services 6-7-17.docx
Bolton & Menk is an equal opportunity ernpLo"r.
Exhibit C
Bid Tab
City Of Orono
2017 Street Improvements
Bid Date: June 7, 2017 — 10:00
Contractor
Total Bid Amount
Bituminous Roadways
$ 212,000.00
Hardrives
$ 197.722.70
Omann Bros.
$ 193,337.83
Prepared By: Reviewed By: A-7 Approved By: D51Z
AGENDAITEM
Item No.: 11 Date: June 12, 2017
Item Description: Willow Drive Trail Rehabilitation
Presenter: Adam T. Edwards Agenda Consent Agenda
Public Works Director/City Engineer Section:
1. Purpose. The purpose of this action item is to gain council approval for award of the rehabilitation of
the trail that runs along the west side of Willow Drive.
2. Background. The rehabilitation of the Willow Drive trail is part of the City Pavement Management
plan and is listed for 2017 in the Capital Improvement Plan (CIP). In December of 2016 the council
approved Bolton and Menk proposal to conduct surveying and engineering from the project.
3. Scope of Work. This project will rehabilitate the 3000 ft of bituminous trail that runs along Willow
Drive North. Rehabilitation will include a combination of patching, replacing, and sealing the pavement.
4. Cost. Eleven contractors were solicited with two providing quotes. (Exhibit A) The low quote for the
pavement rehabilitation was from Omann Bros. for $43,492. In addition to the construction cost, Bolton
and Menk provided an estimate for construction oversight. (Exhibit B)
Who
Work
Cost
Status
Bolton &Menk, Inc
Design and Bid Engineering
$ 5,500
Not to exceed.
Previously approved
Omann Bros.
Trail Rehabilitation
$43,492
Pending approval
Bolton &Menk, Inc
Construction Oversight
$ 5,500
Pending approval
TOTAL
$54,492
5. Funding. The project will be funded from the Park Fund.
Fund
Total
CIP Estimate
Est. End of Year
Fund Balance
Park Fund
$ 54,492
$ 68,900
$594,723
Total
$ 54,492
COUNCIL ACTION REQUESTED:
Move to award the Brown Road Trail rehabilitation project to Omann Bros for $43,492. In addition to
Authorize Bolton and Menk to provide construction oversight services for an amount not to exceed
$5,500.
Exhibits
A. Bid Tab
B. Bolton and Menk Construction Proposal
Prepared By: �V'
Reviewed By: 7E
Approved By: W
Exhibit A -Bid Tab
City Of Orono
Willow Drive Trail Rehabilitation
Quote Summary
Contractor Total Bid Amount
Bituminous Roadways $50,471.00
Oman Bros. $43,492.24
(BOLTON
D, & MENK
Real People. Real Solutions.
June 7, 2017
City of Orono
Attn: Adam Edwards
PO Box 66
Orono, MN 55323
RE: Willow Drive Trail Maintenance - Construction Services
Dear Adam:
2638 Shadow Lane
Suite 20C
Chaska, MN 55318-1172
Ph: (952) 448-8838
Fax: (952) 448-8805
BoLton-Menk.com
As requested, we have prepared a scope of services and estimated fee for the construction services
associated with Willow Drive Trail Maintenance Project.
Scope of Services
Public Coordination/Communications
Bolton & Menk is committed to supporting the coordination requirements of this project with qualified
staff and will proactively engage affected property owners and the general public with timely and
accurate information.
Construction Observation
Part time construction observation will be provided. Duties of the Construction Observer will include the
following:
• Attendance at the pre -construction meeting and all construction -related meetings
• Serve as a liaison between the City and the contractor
• Review of the completed work to determine if the project is in general conformance with the
plans and specifications
• Maintenance of construction documentation
Communication with affected property owners, as necessary, to address their construction -related
concerns and issues
Construction Administration
Construction administration duties will include the following:
• Administering a pre -construction meeting
• Administering project meetings
• Preparation of pay estimates
• Contractor Communications
• Liaison with City Staff and Council
J:\Parks\7-Trails\Willow Drive Trail (2017)\Willow Drive Trail Maintenance Construction Services 6-7-17.docx
Botton & Menk is an equal opportunity employer.
Willow Drive Trail Maintenance
June 7, 2017
Page 2
Fee Estimate
Based on the scope of services described above, we propose a not -to -exceed fee of $5,500 to be billed on
an hourly basis.
Please let me know if you have questions or need additional information.
Sincerely,
BOLTON & MENK, INC.
David P. Martini, P.E.
Principal Engineer
J:\Parks\7-Trails\Willow Drive Trail (2017)\Willow Drive Trail Maintenance Construction Services 6-7-17.docx
Botton & Menk is an equal opportunity employer.
AGENDAITEM
Item No.: 12 Date: June 12, 2017
Item Description: Appoint John Thiesse to Planning Commission - Third, three-year
term
Presenter: Jeremy Barnhart, Community Agenda Consent Agenda
Development Director Section:
1. Purpose. The purpose of this action item is to appoint John Thiesse to the Planning Commission.
2. Background. John Thiesse's second three-year term on the Planning Commission expired in April.
Mr. Thiesse has indicated a desire to continue serving the residents of Orono on the Plaming
Commission. Mr. Thiesse regularly attends scheduled meetings, and has served as the chair for the last
12 months.
3. Staff Recommendation. Staff recommends appointing Mr. Thiesse to the Planning Commission for
his last three-year term, expiring March 2020.
COUNCIL ACTION REQUESTED
Motion to appoint John Thiesse to the Planning Commission to a term expiring March 2020.
Prepared By: J. Barnhart
Reviewed By: J. Barnhart
Approved By: W
AGENDAITEM
Item No.: 13 Date: June 12, 2017
Item Description: Purchase of Tax Forfeited Parcels for Permanent Conservation
Presenter: Jeremy Barnhart, Community Agenda Consent Agenda
Development Director Section:
1. Purpose. The purpose of this action item is to gain approval to purchase four undeveloped parcels for
the purpose of permanent conservation.
2. Background. In 1998, the City Council passed a resolution to acquire 4 tax forfeited parcels for
conservation purposes. The intent then was for the city to acquire the property, negating the possibility
the lots would be developed. These lots are heavily encumbered by wetbacks, slopes, and poor soils. The
transfer to city ownership never occurred. The Council is asked to adopt a new resolution and authorize
the conveyance fees, payable to the Department of Revenue. The parcels are:
PID
Address
Date of forfeiture
02-117-23-31-0029
38 Address Unassigned
08/21/97
02-117-23-31-0032
38 Address Unassigned
08/21/97
02-117-23-31-0035
38 Address Unassigned
08/21/97
02-117-23-31-0036
38 Address Unassigned
08/21/97
All 4 parcels together are .62 acres, and are non -conforming as to size and width. While there may be
some value for the northern lots (0036 and 0029) to be combined with parcels to the north, alone the lots
are unbuildable.
If the city does not acquire the parcels and allow them reclassify them as Conservation, private
individuals may acquire and attempt to build; losing the ability to preserve this area for water quality
protection.
3. Cost. A conveyance fee of $250.00 per lot applies, totaling $1,000.00.
4. Funding. The acquisition maybe funded through the Stormwater Fund.
5. Staff Recommendation. Staff recommends adoption of the attached resolution, and authorization of
$ 1,000 expenditure.
COUNCIL ACTION REQUESTED
Motion to approve resolution and authorization of payment of conveyance fees of $1,000 ($250 x 4 lots)
Exhibits
A. Draft resolution
B. Map of Lots
C History
Prepared By: J. Bamhart
Reviewed By: J. Bamhart
Approved By: W
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO.
REQUESTING CONVEYANCE OF TAX
FORFEIT LAND FOR PUBLIC USE
BY THE CITY OF ORONO
WHEREAS, the City of Orono is a municipal corporation organized and existing under the laws
of the State of Minnesota; and
WHEREAS, pursuant to Minnesota Statute 282, the City has received from Hennepin County a
list of lands within the City which have become the property of the State of Minnesota for non-
payment of real estate taxes; and
WHEREAS, the Hennepin County Board of Commissioners have classified said lands as non -
conservation land and have authorized the sale of each such parcel of land subject to review
and release by the City; and
WHEREAS, the City Council has reviewed said lands for compliance with local zoning
ordinances, for the amount of outstanding special assessment remaining unpaid to the City,
and/or for possible public use by the City as authorized by the statutes.
NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Orono, pursuant to
Minnesota Statute Section 282.01, Subdivision 1, hereby applies to the Hennepin County Board
of Commissioners and to the Commissioner of Revenue for conveyance of the following tax
forfeited land to the City for public use by the City of Orono.
PARCELS RETAINED FOR USE BY THE CITY
PID
Address
Date of forfeiture
02-117-23-31-0029
38 Address Unassigned
08/21/97
02-117-23-31-0032
38 Address Unassigned
08/21/97
02-117-23-31-0035
38 Address Unassigned
08/21/97
02-117-23-31-0036
38 Address Unassigned
08/21/97
ADOPTED by the Orono City Council on this day of 20_.
ATTEST: CITY OF ORONO:
Anna Carlson, City Clerk Dennis Walsh, Mayor
STATE OF MINNESOTA
COUNTY OF HENNEPIN
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO.
This instrument was acknowledged before me this _ day of 20_, b
of
Notary Public
Hennepin County Property Map Date: 6/6/2017
PARCEL ID: 0211723310036
OWNER NAME: Hennepin Forfeited Land
PARCEL ADDRESS: 38 Address Unassigned, Orono MN 00000
PARCELAREA: 0.15 acres, 6,734 sq ft
A -T-B: Abstract
SALE PRICE:
SALE DATA:
SALE CODE:
ASSESSED 2016, PAYABLE 2017
PROPERTY TYPE: Vacant Land -Residential
HOMESTEAD: Non -Homestead
MARKET VALUE: $0
TAX TOTAL: $0.00
ASSESSED 2017, PAYABLE 2018
PROPERTY TYPE: Vacant Land -residential
HOMESTEAD: Non -homestead
MARKET VALUE: $0
Comments:
This data (i) is furnished 'AS IS' with no
representation as to completeness or
accuracy; (li) is furnished with no
warranty of any kind; and (iii) is notsuitable
for legal, engineering or surveying purposes.
Hennepin County shall not be liable forany
damage, injury or loss resulting from this data.
COPYRIGHT @ HENNEPIN
COUNTY 2017
Mike Gaffron
From: Michael D. Wolf <Michael.Wolf@hennepin.us>
Sent: Tuesday, May 16,2017 12:00 PM
To: Mike Gaffron
Cc: Jeremy Barnhart, Melanie Curtis; Anna Carlson; Adam Edwards
Subject: RE: Proposed reclassification of properties in City of Orono
Michael,
Thank you for your quick reply. Per our subsequent phone conversation � have reviewed our files. It's hard to say why
the conveyance requested in your City resolution #4027 from 1998 was never acted upon. I find no record of it in our
files. it may be because it incorrectly referred to the parcels as "non -conservation" when in fact they were classified as
it conservation", or the necessary funds were not received?
Going forward, the way in which conservation vs non -conservation can be conveyed or sold to a governmental
subdivision differs. For conservation land M.S. 282.01 Subd. 2 is our guide. It will allow us to convey (sell) to a
government subdivision under 282.01 la. Paragraph (h) speaks to how this sale can occur:
"(h) Conservation tax -forfeited land may be sold to a governmental subdivision of the state for less than its market value
for either: (1) creation or preservation of wetlands; (2) drainage or storage of storm water under a storm water
management plan; or (3) preservation, or restoration and preservation, of the land in its natural state, The deed must
contain a restrictive covenant limiting the use of the land to one of these purposes for 30 years or until the property is
reconveyed back to the state in trust. At any time, the governmental subdivision may reconvey the property to the state
in trust for the taxing districts, The deed of reconveyance is subject to approval by the commissioner of revenue. No part
of a purchase price determined under this paragraph shall be refunded upon a reconveyance, but the amount paid for a
conveyance under this paragraph may be taken into account by the county board when setting the terms of a future sale
of the same property to the same governmental subdivision under paragraph (b) or (d). If the lands are unplatted and
located outside of an incorporated municipality and the commissioner of natural resources determines there is a
mineral use potential, the sale is subject to the approval of the commissioner of natural resources."
If this is the option the City wishes to pursue I would need a new City resolution requesting the purchase of the
"Conservation" parcels, and a check in the amount of the cost estimate I can provide.
Another option would be to have the parcels reclassified as non -conservation at which time the City could request a
conveyance of the parcels for an authorized public use, just as your resolution #4027 indicated. In fact we could use the
same resolution and would just need the $250.00 conveyance fee per lot made payable to the Department of Revenue.
Reclassification to non -conservation would also allow the city to outright purchase them for market value without the 30
year restrictive covenant called for in a conservation parcel purchase.
Please review and let me know which option the City would prefer to pursue or with any questions/concerns. I am
happy to help out in any way I can to find a resolve to the current forfeited status of these parcels.
TFL Mission -
To return properties to the tax rolls orproduettve use while assuring dueprocess and equitable treatmentfor property owners,
community residents, and stakeholders.
Michael Wolf
Property Manager
Tax Forfeited Real Estate Management
A-600 Government Center
300 South Sixth Street
Minneapolis, Minnesota 55487-0060
Wk: 612-348-5102
From: mgaffron@ci.orono.mn.us
Sent: Wednesday, May 10, 2017 9:06 AM
To: Michael D. Wolf <Michael.Wolf@hennepin.us>
Cc: Jeremy Barnhart <1barnhart@ci.orono.mn.us>; Melanie Curtis <MCurtis@ci.orono.mn-us>; Anna Carlson
<acarlson@ci.orono.mn.us>; Adam Edwards <aedwards@ci.orono.mn.us>
Subject: Proposed reclassification of properties in City of Orono
Michael —
Please see attached letter requesting continuation of Conservation Land status.
Mike
Michael P. Gaffron
Senior Planner
City of Orono
(Street Address) 27SO Kelley Parkway
(Mailing Address) P.O. Box 66, Crystal Bay, MN S5323
Phone: (952) 249-4622
Fax: (9S2) 249-4616
Disclaimer: If you are not the intended recipient of this message, please immediately notify the sender of the
transmission error and then promptly delete this message from your computer system.
2
May 9, 2017
Michael Wolf, Property Manager
Resident and keal Estate Services
300 South Sixth Street
Minneapolis, MN 55487-0060
CITY OF ORONO
Street Address: � 11.1oi.11,ng Address: Telephone (952) 249-4600
2750 Kelley Parkway PO x 66 Fax (952) 249-4616
Orono, MIN 55356 Crystal Bay, MNS5323 I www.d.orono.mmus
Re Proposed reclassification of properties within City of Orono
Dear Mr. Wolf -
On April 28, 2017 we received from you a listing of four Orono tax parcels which were classified as
CONSERVATION in 1997 on Hennepin County C/NC List #1027. At that time the City Council adopted
Resolution No. 4027 dated January 26, 1998, which resolution requested conveyance of these parcels to
the City of Orono for Public Use. The public purpose for those parcels was listed as drainage and
conservation.
The status of these four parcels has not changed. Three of the four lots continue to be 80%-3.00%
wetland, and the fourth parcel has steep unbuildable slopes. These parcels should continue to be
classified as CONSERVATION and continue in the current tax forfeit status.
Please contact rr'e at 952-249-4622 or rngaffron0ci.orono.mn.us, if you have any questions.
Sincerely,
CITY OF ORONO
Michael. P Gaffron
Senior Planner
cc: Jeremy Barnhart; Adam Edwards; Melanie Curtis; Anna Carlson
PID
Address
Date of forfeiture
02-117-23-31-0029
38 Address unassigned
08/21/97
02-117-23-31-0032
38 Address Unassigned
08/21/97
02-117-23-31-0035
--38 Address Unassigned
08/21/97
02-117-23-31-0036
! 38 Address Unassigned
08/21/97
Encl.: 4/28/17 Henn, Co. Letter; City Resolution No. 4027 (1/26/98)
Jeremy Bamhart
M
From:
Michael D. Wolf <Michael.Wolf@hennepin.us>
Sent:
Friday, April 28, 2017 12:34 PM
To:
Jeremy Barnhart; Adam Edwards; Melanie Curtis
Cc:
Anna Carson
Subject:
Courtesy notice of proposed reclassification
Attachments:
Letter to city or agency Orono 04.28.17.pdf
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CITYof ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 401 2 7
REQUESTING CONVEYANCE OF TAX
FORFEIT LAND FOR PUBLIC USE
BY THE CITY OF ORONO
WHEREAS, the City of Orono is a municipal corporation organized and existing
under the laws -of the State of Minnesota; and
WHEREAS, pursuant to Minnesota Statute 282, the City has received from
Hennepin County a list of lands within the City which have become the property of the State of
Minnesota for non-payment of real estate taxes; and
WHEREAS, the Hennepin County Board of Commissioners have classified said
lands as non -conservation land and have authorized the sale of each such parcel of land subject to
review and release by the City; and
W]UREAS, the City Council has reviewed said lands for compliance with local
zoning ordinances, for the amount of outstanding special assessment remaining unpaid to the City,
and/or for possible public use by the City as authorized by the statutes.
NOW, THEREFORE BE IT RESOLVED that the City Council of the City of
Orono, pursuant to Minnesota Statute Section 282.0 1, Subdivision 1, hereby applies to the Hennepin
County Board of Commissioners and to the Commissioner of Revenue for conveyance of the
following tax forfeited land to the City for public use by the City of Orono.
PARCELS RETAINED FOR USE BY THE CITY
Distri P.I.D.
38
02-117-23-31-0029
38
02-117-23-31-0032
38
02-117-23-31-0035
38
02-117-23-31-dO36
PubligYmo-o-5—e
drainage and conservation
drainage and conservation
drainage and conservation
drainage and conservation
Page 1 of 2
CITYof'ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 2 7
Adopted by the City Council of the City of Orono, Minnesota at a regular meeting
held the 26th day of January, 19.98, by a vote of 5 ayes and o nays.
ATTFEST:
'� �'," '11/'.
Lincll� S. Vee, City Clerk
G Fel Jabbour, yor
Page 2 of 2
AGENDAITEM
Item No.: 14
Date: June 12, 2017
Item Description: #17-3934 Jim Kirkland o/b/o North Shore Marina Smiths Bay,
195 5 Shoreline Drive, Variances —Resolution
Presenter: Melanie Curtis Agenda Consent Agenda
Planner Section:
1. Purpose. This application is regarding variances for a new monument sign.
2. MN§15.99 Application Deadline. The application was received and considered as complete on
April 17, 2017. Therefore the 60 -Day review period expires on June 17, 2017.
3. Background. The owners of North Shore Marina Smiths Bay wish to remove the outdated pylon
sign with a new low -profile stone monument sign. Variances are requested for setback,
hardcover, and height from grade.
4. Planning Commission Comment. On May 15th the Planning Commission held a public hearing
and reviewed the application. Following the public hearing the Commission voted 5 to 0 on a
motion to approve the variances.
5. Public Comment. A neighbor spoke at the public hearing, that discussion is detailed in the
attached Planning Commission draft minutes. No additional comments were received regarding
this application.
6. Staff Recommendation. Staff recommends approval.
COUNCIL ACTION REQUESTED
Motion to adopt or amend the approval resolution.
Exhibits
Exhibit A.
Draft Resolution
Exhibit B.
Proposed Survey
Exhibit C.
Proposed Plans
Exhibit D.
Draft PC Minutes
Exhibit E.
PC Staff Report
References
PC Exhibits of 05/15/17:
Prepared By: VY)GG
A. Application
B. Practical Difficulties Documentation Form
C. Proposed Survey/Site Plan
D. Proposed Plans and Elevations
E. Material and Plant Details
F. Aerial Photos
G. Comments from Hennepin County
H. Property Owners List
1. Plat Map
Reviewed By: J. Barnhart
Approved By: Nz
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO.
78-1468A RESOLUTION
APPROVING VARIANCES FROM
MUNICIPAL ZONING CODE
SECTIONS 78-1279;78-1466; 78-1468 & 78-1680
FILE NO. 17-3934
WHEREAS, on April 17, 2017, James Kirkland ("Applicant"), applied for variances
from the City Code for the property addressed 1955 Shoreline Drive and legally described as:
Attached as Exhibit A (hereinafter the "Property");
WHEREAS, the Applicant has made application to the City of Orono for variances
to Orono Municipal Zoning Code Sections 78-1279 and 78-1680 to allow a new monument sign
with a 15 square foot footprint to be located 60 feet from the ordinary high water level of Lake
Minnetonka where a 75 foot setback is required and where no hardcover is permitted; and
WHEREAS, the Applicant has made application to the City of Orono for a variance
to Orono Municipal Zoning Code Sections 78-1466 to permit 16 inches of ground clearance
between the sign copy area and grade where 20 inches is required; and
WHEREAS, the Applicant has made application to the City of Orono for a variance
to Orono Municipal Zoning Code Sections 78-1468 to permit a new monument sign to be located
3 feet from the street property line where a 10 -foot setback is required; and
WHEREAS, on May 15, 2017, 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 May 15, 2017, the Planning Commission recommended approval
of the variances; and
WHEREAS, on June 12, 2017, 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 variances as described above based on one or more of the
following findings of fact concerning the Property:
FINDINGS OF FACT:
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO.
1 . This application was reviewed as Zoning File #17-3934. 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-2 Lakeshore Business Zoning District.
3. Applicant has applied for the following variance[s]:
a. Lake Setback Variance.
b. Hardcover within 75 feet of the Lake.
c. Street Setback Variance.
d. Ground Clearance for Sign Copy Area.
4. 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 variances requested are consistent with the general
intent of and are in harmony with the Ordinance. The lake setback and hardcover
variances are reasonable and necessary as the majority of the Property is within 75 -feet
of the lake. The signage is proposed as far from the lake as can be reasonable and still
be functional.
2. "Variances shall only be permitted . . . when the variances are consistent with the
comprehensive plan." The variances resulting in a permit for construction signage
supporting a marina within the commercial marina zone (B-2) 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 request to permit construction of a sign within the lakeshore setback appears
to be reasonable. Also reasonable is that the sign proposed is low profile and will
result in a minimal handover increase. The area available to locate the sign is
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO.
narrow and the encroachment to the street setback is reasonable considering the
20 foot setback from the traveled roadway. The Owner's desire to keep the total
height of the sign low to the ground necessitates the reduction in the separation of
the sign copy area from grade. The required landscaping can still be
accommodated in the proposed 16 -inch separation.
b. The plight of the landowner is due to circumstances unique to his property not created
by the landowner.
The property owner purchased the marina after it had been developed and the site
layout is existing. The property owner did not create the circumstances.
c. The variance, if granted, will not alter the essential character of the locality. "
The requested variances will not alter the character of the neighborhood. The lake
setback and hardcover variances are reasonable and necessary as the most
logical location for the entry signage is near the rear and within the 75 -foot setback
of the lake. The low profile of the sign will allow for limited visual obstruction and
will require the sign copy area to be lower to the ground than the required 20
inches. The landscaping area surrounding the proposed sign will comply with the
Code.
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 signage is an allowed use in the
B-2 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 location and nature of the Property
necessitate the proximity to the lake. The need for identification, parking, and vehicle
maneuvering on the Property creates increased difficulties which drive the sign location
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO.
and improvements toward the road. To keep the improvement low to the ground the
required 20 inch separation from is reduced by 4 inches.
9. "The conditions do not apply generally to other land or structures in the district in which the
land is located." The marina property is generally unique in the immediate neighborhood.
10. "The granting of the application is necessary for the preservation and enjoyment of a
substantial property right of the applicant." This statement is true.
11. "The granting of the proposed variance will not in any way impair health, safety, comfort or
morals, or in any other respect be contrary to the intent of this chapter." This statement is
true.
12. "The granting of such variance will not merely serve as a convenience to the applicant, but
is necessary to alleviate demonstrable difficulty." The size of the Property; the proximity to
the lake and County Road 15; the need for site identification and access create practical
difficulties affecting the Property; the variances are necessary and not merely serve as a
convenience to the owners
CONCLUSIONS, ORDER AND CONDITIONS:
Based upon one or more of the above findings, the Orono City Council hereby
grants variances to Orono Municipal Zoning Code Sections 78-1279 and 78-1680 to allow a new
monument sign with a 15 square foot footprint to be located 60 feet from the ordinary high water
level of Lake Minnetonka where a 75 foot setback is required and where no hardcover is
permitted; and a variance to Orono Municipal Zoning Code Sections 78-1466 to permit 16 inches
of ground clearance between the sign copy area and grade where 20 inches is required; and a
variance to Orono Municipal Zoning Code Sections 78-1468 to permit a new monument sign to
be located 3 feet from the street property line where a 1 0 -foot setback is required in order to install
a new monument sign, subject to the following conditions:
1. Council approval is based on the entire record, above Findings.
2. The approved project shall conform to the approved site plan and signage plans submitted
by the Applicant and annotated by City staff, attached to this Resolution as Exhibits B &
C.
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 Applicant, but are
permissive only and must be exercised by obtaining a building sign permit for the new sign
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO.
and commencing construction. A footing inspection must be completed within one year of
the date of Council approval, or the variances will expire on that date (June 12, 2018).
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 12 day of June, 2017.
ATTEST:
CITY OF ORONO:
Anna Carlson, City Clerk Dennis Walsh, Mayor
Resolution No.
Tract 1:
#17-3934
EXHIBIT A
Par 1: That part of Government Lot 3, Section 10, Township 117, Range 23 described as follows:
Commencing at the intersection of the North line of Central Avenue in the Village of Crystal Bay, Minnesota
as shown in the Plat of "Ora Park" on Lake Minnetonka extended Easterly with a line drawn parallel to the
center line of paved Highway No. 7 and 33 feet Easterly at right angles therefrom; thence Northeasterly 42
Degrees 5 Minutes East along a line parallel to the center line of said paved Highway 120.5 feet to the point
of the beginning of the land to be described, thence South 57 Degrees 45 Minutes East 29.4 feet, thence
North 37 Degrees 50 Minutes East 130 feet to the intersection of the North line of Grand Avenue extended
Easterly, thence North 59 Degrees 45 Minutes West along said North line 18 feet to the intersection with
said parallel line above mentioned, thence Southwesterly along said parallel line South 42 Degrees 15
Minutes West a distance of 131.5 feet to the point of beginning.
Par 2: That part of Government Lot 3 and accretions thereto, Section 10, Township 117, Range 23
described as follows: Commencing at the intersection of the North line of Central Avenue as shown in the
plat of "Ora Park" on Lake Minnetonka extended Easterly with a line drawn parallel with the center line of
paved Highway Number 15 and 33 feet Easterly at right angles therefrom; thence North 42 degrees, 15
minutes East along a line parallel with the center line of said paved highway 120.5 feet; thence South 57
degrees 45 minutes East, 29.4 feet to the actual point of beginning of the land to be described; thence
South 57 degrees 45 minutes East to the shore of Lake Minnetonka; thence Easterly, Northeasterly,
Northerly and Northwesterly along said shore to its intersection with the North line of Grand Avenue as
shown on the plat of "Ora Park" On Lake Minnetonka extended Easterly; thence along said extended line
Northwesterly to its intersection with a line drawn North 37 degrees 50 minutes East, through the actual
point of beginning; thence South 37 degrees 50 minutes West—to—the actual point of beginning, according
to the Government Survey thereof.
Certificate of Title No. 816976
Tract 2:
Par 1: That part of Lake Street as shown in the plat of "Ora Park" on Lake Minnetonka described as
commencing at the intersection of the North line of Central Avenue in the City of Crystal Bay, Minnesota as
shown in the Plat of "Ora Park" on Lake Minnetonka extended Easterly with a line drawn parallel to the
center line of the paved Highway No. 7 and 33 feet Easterly at right angles therefrom, being the point of
beginning of the land to be described, thence Northeasterly 42 degrees, 15 minutes East along said parallel
line to the center line of said paved Highway 120.5 feet, thence South 57 degrees 45 minutes East a
distance of 29.4 feet, thence South 43 degrees 30 Minutes West 116 feet to the intersection with the North
line of Central Avenue extended, thence along said extended line North 68 degrees 27 minutes West a
distance of 27.8 feet to the point of beginning.
Par 2: That part of Government Lot 3, Section 10, Township 117, Range 23, described as commencing at
the intersection of the North line of Central Avenue in the Village of Crystal Bay, Minnesota, as shown on
the plat of "Ora Park" on Lake Minnetonka, extended Easterly with a line drawn parallel with the centerline
of paved Highway No. 15, formerly Highway No. 7, and 33 feet Easterly at right angles therefrom; thence
North 42 degrees 15 minutes East along said parallel line 120.5 feet; thence South 57 degrees 45 minutes
East a distance of 29.4 feet to the point of beginning of the land to be described; thence South 57 degrees
45 minutes East to the Shore of Lake Minnetonka; thence Southerly, Southeasterly and Northwesterly along
said shore to its intersection with the North line of Central Avenue extended; thence along said extended
line North 68 degrees 27 minutes West to an intersection with a line drawn South 43 degrees 30 minutes
West through the point of beginning, thence North 43 degrees 30 minutes East to a point of beginning,
according to the Government Survey thereof.
Certificate of Title No. 816977
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ITEM 8: "Rlght,,,f the pubin, end IT .... III Cc I ty 11 ,gold to the ght of -y of IT .... pl.
C .. ty. fid�te Ai IT gh..y N 1 5, 1 mi 9 1 It If Tebbe, 1, C,u I ty Stto Aid 'High," N,.15,
I It 11 Id 1,1,u.,y 5, 1982. - D.c-nt NI. 1457512, Chid Elgh-y Rght-.f-W.y plot
df'�c "I I 'i'e t
t ' subje I t p,.pd,ty 1, thet the -th f id C... y Stte Aid Hngh-y No 15,
I the -th- c,ly b-dd,y If the ubj.t p,.M.,ty q -
ITEM 9: T - -d -d,fl- of St.t. of din -set. Pioteced Wet... Pen -nit No 87-629B,
qp
d,t'd J y 27, 1987, filed Spt,,b,, 17 . 1987, - Do - ect No 1872718. Sc,d pe -it
, U, ed N.,bb,, 30, 1987.
7M IT., T. - .,d -nd ti- If City of Olcb. R ... ti.b N,, !478, filed Aug -t 23, 1995,
D I I.t, Do 2631633�' S.id Rub.iutil, p-ide, 1 -6.1 th, pl---t of I
tt ... ge dple on the ,bj,,t pi,edbi- xll�
7M 11�.nb To- Ind bi,dfiti- of City If 0-. er.I.Fihh�N, 3fle filed �A,",.gcl�21, 1p 1,
p1dc ... It of I It -g. Yodul. In the b,ect p -i.- Spid -i- p,I,id.I I., the
D ent No 2631788, Send R ... dt- p,,,,d In IdIn ent the I I., the
-I ... t I, of I I d 't ... go -dule.
ITEM 12- To- bd c-diti.b. of City If 0, 1 Rec.luti., No 3582, fi :dPSgPt11I - 10
19 6 , - D.-,I.t No, 274130Z S.jd R-Iu2b gI t� I '-diti.-I it to bii.�
d.dt d1pb - In the �.bji,pt p -i -
ITEM 13: PL.P,,,t.,y -d --tig, -ighL, of the St.te If Md -"-t- in .11 Lint p"U." of
the I -d I y[bd,bel-tthe ldtuldl� .1db,iV high 'c'e, d,k of Lbbe dhlbi,t..�,T not Intending Y, Y' -
h ...... to d ,i� he too At the ,,, ip.,iAI IghtI th.t uttoch.d IT nd
np_i_ to I I I I body If _t_ noi
DI, pub I dchl 1. the --hip th-If
2 of T -t 1); eh ich ppipe... c� I ineNtef In e,fifi-te of LtI. No 816976.
SPECIAL NOTE:
Th belched ,,, h ... be-, [, depi,od upon H .... din County Relf SoIbon Mup,
being p,,t of the � ... yed pnenbi- no the H .... pl, County P,,p,,ty f-ptic, J,
Dutch- ItIt, the h.t�h,d -T- I bei,g -t.ddd Wthin P .... I d-tifincti., Numbe,
to-" 7_2'-42-"C P S,ld h,t,h,d - I, not ... Wjn�d Mth[, the ,,,,d g,I
de-ipti- A p-ided to the tu ... y-
Th- 1 . .... Itly I Ncecdfing, f itIpI -,g,,t,,hod I din, I .... I th the '1--1
I. b_t ce, Ono
cte't I. Idd -id P -el the t1fic.te of title,
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BOUNDARY SURVEY FOR:
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LEGAL DESCRIPTION:
thence long -id .�Ccbd.d - N.,th 58 deq ... c 27 ,imte. W..t I di.t.-I of 27.8 feet to the
point If b,gmnIbg
net P,,t of G ..... In .. t Let 3� S,,ti,, 10, T .... hip 117, Rung, 23, d .... bed
ch,'LT,�n, t thu mt.-ti- If the N-th Iih, I C bt,.l A,,n- [b th, Vit.go of C,,tbl Buy,
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NOTES:
1� Th, rient.tion of thi, b -mg I,,Ae, I, I ... it I, the th-nepin County g,id (HAS 83-96 Adj),
2. Th, totol or,, of the property - corri to the O,d,Ib,y high -ter do Yd the - ... 11 1 32,396 �q-re feet ., 0.743 c,e.
, E,[,ti,g tfItj ... .... 1- end ,d,,gr ... d t -t- h ... th,,e,, .,�,IIited either phy�icch� f- ,[,tibqeni-d� -d. dVT.b1,it.
I., by -o.,t tect-,y, I, by occtr.- I ... food by C.phdr 5 Tte One C I Ticket Ah. 110690518. Other pt,lit no I -ice py
I .... I, I'd 1 -ti., If .11 tiiii- Ind I ... - th-ld be III f- the I-- of the -pebti- tiific. p6- I. bl,y d-igi,
pi.b,i,g ., --ten.
4. No Z-bg mfo-ti- - I ... ded by th, m-er.
5� A,,,,di,g to the F,dc,.l E -9-y M.nd,ge-t Agency Web ,to the pl,,ty d,,c,,b d h,,,., le, �Ahib Flood Ed- X (-c- of 02%
I, 1 "1 c'e flooding) pnd Flood Zone AE In- hold. on II ... to, of 931 feet) per F,dert, I ... I-- Reto Mcp No 27053CO304E, deted
Sept -ler 2, 2004,
6, A, of the but, of thid y th, p,,p,,ty d,,,,,b,d IT ... on -t.1- I tcol of 32 t,,p,d pc,k,ng Ap....
7� A, I the 1- of In, --y the, iI - b-.00 -oc,ce If urth -L, buidin, -,D-to, - ,ildng dditi- ithm
,c_,t _Idnth, on the pl�,Ry d-ibed th-ri. Th, ,bj,,t it, , -lon hy I _ht on I
B. A, & the d- IT thik I-ey thei-I iI no bber-do -dc- th.t the p-p-ty d-ibed h .... n iI b,,.g -d I I -hd -te d-,
_p I. .... by plicifill
0 Th o -tic, -ed 11 th, orep ... tI.. of thiI I-ey - b -d I -t to, Title Int.-ce
epd, ' "g'l d' "PE" I'd ....... t I I, Co I t� the C -it, -I
cd by Old Republic N,ti,,.[ TIV, 1-c. , I In y Appi od t,,I N I OR TE 73 2959 h p,l. g on IT, ,, do te of F,b,, -y 6, 2011
10. TILI S -y Inc- -y th.be Innp--entI �kible dunbg the hold --N .,, ct-ctu- .,d inp ... ern -t, .... - by ,, nd
ur b d,lO-d,d -y net be h,.n.
IT MLLHM
C I HIER UKINI REVISIONS
- - .1 -1-11 .11, ' - " - �K NUIIH LINE
DRAWING NAME: 0-13 CERTIFIC!AjiCN I PROPOSED PARCEL
347 ........... 3 4-2 ED DES�
— CHECKED 4 7-31 5 IPROPOS PARCEL & PROCEEDINGS SUB.
JOB NO. — BY:
FILE NO. 5913
VA
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0"0
N42-1 ROVT(DEED)
BEARINGS SHOWN WITH SEES IN PARENTHESIS
ARE THOSE RECITED WITHIN LEGAL
BOUNDARY SURVEY FOR:
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I, - p-IIIII to th ento - th, p -d R h,.y N.. 7 -d 33 feet E-terly It ,ght ungi-
of,
the .. f-, blind the p,[It.,f bIRdin[ng of the dd to be do-bod, th.... lb,,th-tei-ly 42
dcg,',,. 11 li-te, 111t 11, Ilil 1 1111 line to the -tte, line of -d -d H,ghw.y 120.1
thence B , 'e"c_ MI , I I
feet, buth 7 -t i�t .. I of 29.4 feet. th- South 43 d,g,c,,
30 dci.ut� W�t 116 f�t to th, mt ..... tiob Th in, N,,th - of C,,t,,l A� ... � �terid,d.
WO -PAVERS
LEGAL DESCRIPTION:
thence long -id .�Ccbd.d - N.,th 58 deq ... c 27 ,imte. W..t I di.t.-I of 27.8 feet to the
point If b,gmnIbg
net P,,t of G ..... In .. t Let 3� S,,ti,, 10, T .... hip 117, Rung, 23, d .... bed
ch,'LT,�n, t thu mt.-ti- If the N-th Iih, I C bt,.l A,,n- [b th, Vit.go of C,,tbl Buy,
TI.It 1
P., 1, Th. t p.,t of G.-b-bt Lot 3. Section 10, T.,T.h,p 117, R.bge 23 d-ibi,d - fcII.-
NCn-
e, I ing IT the 1, e-chon If the N-th me of C-t,d1 A-Lue , the V,11.9, of C,Y,t.1 Buy
M,n,_.t. _ Sh.. 11 11, P�11 01-, P,,k" d, Lbk, III ... t -k, �tcndpd E,,t,,Iy Mth I III,
I- I ... I'l to 'Re _te, - p .. d High -y No 7 ,d 33 feet E,,t,,Iy It tight Ing-
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0
th-f- th-, N-the-tedy 42 Deg,c- 15 B-tc, E -t .1.hg I line pc,.11,1 to the """
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AIR CONDITIONER
WATER ELEVA77ON (930,0 NGVD29)
AS LOCATED ON MARCH 23, 2011
11 1111 PIVId 119111y 120.5 feet I, the p,,,t of th, beginning If the chd to I , -Inbed I'le"I"
Be" 5, De,'_ N, MI,dteI E -t 29 4 feet, the- North 37 Dept- 5D Minute, E,,t 130 feet to
Z
0,
III int"I If the N,,11 I I,, If G -I A .... I 1�teblcd Edslerly, thence No�th.59 D,,,g,eeI 4,
=t`b,1d,g
Minute, M h _ I ", I , 11 1
-d "t 8 feet to the bt-otic, ,th If I I o bb
I thence S-th-sterly,'01119 P1111111 Ime South 42 Deq,.e. 15 Mi,,t- WeIt I
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Par 2K ThOI to t If G-11 It Lot 3 Ind Q-1ti- th-t., Section 10, Tow -hip 1 7 R 1 1 2'
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d ... I ed u Into- C. --Ing It th, nte-bti- of the N-th im, If C,,t,.l A -.o - ch...
ED
0 20 40 60
In the plot If '0" P,,k",od 1.1k, M-etI1kI e�tebded E-te,ly. Ith I p ,Ih the
direed-n,
.. to' To IT Idled High 'y N -be, 15 old 33 feet E,,t,,Iy t i,h dI 'he ef-, then-
N-th 42 d,g,,c,, 15 mi,,t,b Kett long I The p-bItel Tfi the be,te, Iwo of too p -ed higF,.y
0
WOOD POST WITH ROPE STYLE FENCE
OVERHEAD WIRE
1205 feet; thl,e Scu th 57 1- 45 -utes E,,,t, 29 4 feet 11 the "I'll Point If beginning
,I. be
SCALF IN FEET
of the uld to deccloed; thence South 57 deg," 45 bbin,tc. :-t 1. the �hdlo If Lube
, -ct.nk.; th-ce E.tt,,Iy. Nc'thec,t,,y. NoThedy - N-11-tb�ly -o th- I. it,
DENOTES FOUND HENNEPIN CO. ROW MONUMENT
clong
mite-Ati., Mth he Nxth I ine IT Gobd' A_ue . chown I 'he P It 0 1 P -1" On Lple
I -k, -111d,d E-te,II, thence cl.,g d -t-d,d - Nc,th ... t-ly t It, i, i., Th
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dp
fin , d... N gUh 37 d g -c. 50 n,n.t- E.It, th-gh thu -1-1 point f d,g[-[dg: then-
5-th 37 d , gi-e " 50 britenutes W11t-tI-the ctIIl point If beginning, --ding t I the Ge -l -indent
0 DENOTES FOUND IRON MONUMENT
S_'y the_f
0 DENOTES MONUMENT SET AND
Uertificbte of Title No 816976
--------
M ARKED BY LICENSE NO, 44123
T-1 2
N42-1 ROVT(DEED)
BEARINGS SHOWN WITH SEES IN PARENTHESIS
ARE THOSE RECITED WITHIN LEGAL
P., 1: Th.t B.q of i St,ect I, h- . the plot of "0,. PpK" In Luke Mi ... t.hkI dc-ib�d
--ing of the inter ... t- of the Ndirth Ild, of CentI,I A,- N the City of Ciryetcl BX
di -e -to I. h.w,,i,, the Ict 'OD. P.,k" -9 Lek, M,,,,t,,k, Rt,,d,d E,,t,,Iy ith I Ide
N
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DESCRIPTION PROVIDED
I, - p-IIIII to th ento - th, p -d R h,.y N.. 7 -d 33 feet E-terly It ,ght ungi-
of,
the .. f-, blind the p,[It.,f bIRdin[ng of the dd to be do-bod, th.... lb,,th-tei-ly 42
dcg,',,. 11 li-te, 111t 11, Ilil 1 1111 line to the -tte, line of -d -d H,ghw.y 120.1
thence B , 'e"c_ MI , I I
feet, buth 7 -t i�t .. I of 29.4 feet. th- South 43 d,g,c,,
30 dci.ut� W�t 116 f�t to th, mt ..... tiob Th in, N,,th - of C,,t,,l A� ... � �terid,d.
WO -PAVERS
thence long -id .�Ccbd.d - N.,th 58 deq ... c 27 ,imte. W..t I di.t.-I of 27.8 feet to the
point If b,gmnIbg
net P,,t of G ..... In .. t Let 3� S,,ti,, 10, T .... hip 117, Rung, 23, d .... bed
ch,'LT,�n, t thu mt.-ti- If the N-th Iih, I C bt,.l A,,n- [b th, Vit.go of C,,tbl Buy,
�k_---Wi DECKING ------
AR"
2
WOOD
DY
with I III,
Min -It, h,., the plot of "O,d P,,k" I Luke Ml..et-ko, A,cded E,,t,,y
d y Do I,, he
E=jpd�,bll. ith the bebtel-Ilhe of p..d H[ghw.y � 1, 11 &
y t I-Ight ,gl,o Th ... fi-irn: thence EcIth 42 1 Th Top Ed" c'..g -id , ... III line
120,5 feet, thence South 17 degir'"W 45 , inubs Eul d dlpt.,ce If 29 4� feet to the ppmt of
beginning If the und to be dd-ibed; th,I,, South 57 d,g.... 45 E.pt to the Sh- of
Luku MI-tonk.; Ili- S-th-1, Son the-tery pId N -h tcdy I .,q ld fi- I. itb
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PROPERTY ADDRESS:
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PLANNING COMMISSION MEETING
Monday, May 15,2017
6:30 o'clock p.m.
3. 17-3934 Jim Kirkland on behalf of North Shore Marina, 1955 Shoreline Drive, Variances, 7:03
P.M. — 7:09 P.M.
Jim Kirkland, Applicant, was present.
Curtis stated the subject property is a marina which has had an existing free standing pylon sip identifying their
site since the late 1980's/early 1990's. At this time the applicants wish to remove the outdated pylon sign and
replace it with a new low -profile stone monument sip in a different location. This new sign will be 40 inches
tall and is proposed to be set back three feet from the property line where a I 0 -foot setback is required and 60
feet from the lake where a 75 -foot setback is required. A hardcover variance for the 75 -foot area is requested to
permit the 15 square foot footprint of the sign where no hardcover is permitted.
A variance to the sign ordinance is also requested to permit a 16 -inch clearance from the grade. The code
requires a minimum of 20 inches of clearance from grade for the sign copy area and the applicants are proposing
16 inches of clearance. The 20 -inch requirement is to facilitate placement of plantings around the sign.
Hennepin County has submitted comments relating to the sign location and have expressed no concerns. To date,
no additional public comments have been received.
Staff finds the site's size and orientation squeezed between Shoreline Drive and the lake serve as practical
difficulties supporting both the setback variances as well as the hardcover variance. Additionally, the width of
the shoulder supports the installation of the low -profile monument sign within the required setback. Although
the sign will be three feet from the property line, it will be ten feet from the "curb" and 20 feet from the fog line
on Shoreline Drive. The ground clearance requirement conflicts with the applicant's desire to have a low -profile
sign. A fence located at the same setback could be 42 inches tall and the sign is proposed at 40 inches.
Planning Staff recommends approval.
Thiesse asked if the City would be assuming any risk by allowing the sign closer to the road.
Curtis stated she is not aware of any and that the City Engineer and Hennepin County are aware of the request.
CITY OF ORONO
PLANNING COMMISSION MEETING
Monday, May 15,2017
6:30 o'clock p.m.
Thiesse asked why the applicants only want it 16 inches from the ground.
Curtis indicated the applicants would like a low profile sign and that they do not need the sign to identify the site.
Jim Kirkland, North Shore Marina, stated they are just looking to have a more updated sign.
Chair Thiesse opened the public hearing at 7:07 p.m.
Joe Malkusky, 1950 Shoreline Drive, asked if there is a picture of the sign available.
Curtis displayed a color rendition of the proposed sign.
Malkusky noted he lives across the street and that his concern is whether there will be any lighting on the sign.
Kirkland stated they will back light the letters and numbers rather than projecting the light up on it. Kirkland
indicated the lighting should be pretty subtle and soft.
Malkusky stated those are his only concerns. Malkusky noted a number of accidents occur on
County Road 15 and that he does not want the sign to be distracting to drivers.
Chair Thiesse closed the public hearing at 7:08 p.m.
Schwingler commented the request is pretty straight forward.
Leskinen moved, Schoenzeit seconded, to recommend approval of Application No. 17-3934, Jim Kirkland
on behalf of North Shore Marina, 1955 Shoreline Drive, granting of variances, per Staff
recommendations. VOTE: Ayes 5, Nays 0.
Date Application Received: 04/17/17
Date Application Considered as Complete: 04/17/17
60 -Day Review Period Expires: 06/17/17
To: Chair Thiesse and Planning Commission Members
Doug Reeder, Interim City Administrator
From: Melanie Curtis, Planner YYIGG
Date: 15 May 2017
Subject: #17-3934, Jim Kirkland, 1955 Shoreline Drive,
Variances
Public Hearing
Application Summary: The applicant is requesting variances in order to install a new
monument sign.
Staff Recommendation: Planning Department Staff recommends approval.
Background
The property is a marina. They have had an existing free standing pylon sign identifying their site
since the late 1980's/early 1990's. The current owners refaced the existing sign when they
purchased the property as new pylon signs are no longer permitted. At this time they wish to
remove the outdated pylon sign with a new low -profile stone monument sign. Variances are
requested for setback, hardcover, and height from grade.
LOT ANALYSIS WORKSHEET
Section 78-3672, 78-1468, & 78-1279 - Setbacks:
B-2 Required Proposed
Street 10, 31
Lakeshore 75' 60'
Applicable Regulations:
Sien Criteria — Minimum Clearance from Grade Variance (Section 78-1466)
The applicant is proposing a low -profile monument sign which will be a total of 40 -inches tall.
Because their goal is to keep it low, they are requesting variance from the ground clearance
requirement for the sign copy area. The code requires a minimum of 20 inches of clearance
from grade for the sign copy area, they are proposing 16 inches of clearance. The 20 inch
requirement is to facilitate placement of plantings around the sign.
Street Setback Variance (Section 78-1468)
The applicant is requesting a variance to permit the new monument sign to be located 3 feet
from the street property line where a 10 foot setback is required. The sign will be 20 feet from
the fog line on Shoreline Drive.
FILE #17-3934
15 May 2017
Page 2 of 4
Lake Setback & Hardcover Variance (Sections 78-1279 & 78-1680)
A majority of the improvements on this property are within the 75 -foot setback from the lake,
consistent with the use of the property as a marina. The proposed sign will be located 60 feet
from the OHWL where a 75 -foot setback is required. A variance allowing 15 square feet of
hardcover is also requested.
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 offire, risk to the public safety, and the effect
on values of property in the surrounding area. The Planning Commission shall consider
recommending approvalfor variances from the literal provisions of the Zoning Code in instances
where their strict enforcement would cause practical difficulties because of circumstances unique
to the individual property under consideration, and shall recommend approval only when it is
demonstrated that such actions will be in keeping with the spirit and intent of the Orono Zoning
Code. Economic considerations alone do not constitute practical difficulties. Practical difficulties
also include but are not limited to inadequate access to direct sunlight for solar energy systems.
Variances shall be granted for earth -sheltered construction as defined in Minn. Stat. § 216C.06,
subd. 2, when in harmony with this chapter. The board or the council may not permit as a
variance any use that is not permitted under this chapter for property in the zone where the
affected person's land is located. The board or council may permit as a variance the temporary
use of a one -family dwelling as a two-family dwelling.
According to MN §462.537 Subd. 6(2) variances shall only be permitted when:
1. The variance is in harmony with the general intent and purpose of the Ordinance. The
variances requested are consistent with the general intent of and are in harmony with
the Ordinance. The lake setback and hardcover variances are reasonable and
necessary as the majority of the property is within 75 -feet of the lake. The signage is
proposed as far from the lake as can be reasonable and still be functional.
2. The variance is consistent with the comprehensive plan. The variances resulting in a
permit for construction signage supporting a marina within the commercial marina
zone (B-2) 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 request to permit construction of a sign
within the lakeshore setback appears to be reasonable. Also reasonable is
that the sign proposed is low profile and will result in a minimal handlover
increase. The area available to locate the sign is narrow and the encroachment
to the street setback is reasonable considering the 20 foot setback from the
traveled roadway.
b. There are circumstances unique to the property not created by the landowner;
The property owner purchased the marina after it had been developed and
the site layout is existing. The property owner did not create the
circumstances. and
c. The variance will not alter the essential character of the locality. The requested
variances will not alter the character of the neighborhood. The lake setback
and hardcover variances are reasonable and necessary as the most logical
FILE #17-3934
15 May 2017
Page 3 of 4
location for the entry signage is near the read and within the 75 -foot setback
of the lake.
Additionally City Code 78-123 provides additional parameters within which a variance may be
granted as follows:
4. Economic considerations alone do not constitute practical difficulties. Economic
considerations have not been a factor in the variance approval determination.
5. Practical difficulties also include but are not limited to inadequate access to direct
sunlight for solar energy systems. Variances shall be granted for earth -sheltered
construction as defined in Minn. Stat. § 216C.06, subd. 2, when in harmony with Orono
City Code Chapter 78. This condition is not applicable.
6. The board or the council may not permit as a variance any use that is not permitted
under Orono City Code Chapter 78 for property in the zone where the affected person's
land is located. This condition is not applicable, as the use for signage is an allowed use
in the B-2 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 location and nature of the property
necessitate the proximity to the lake. The need for identification, parking, and vehicle
maneuvering on the property creates increased difficulties which drive the sign
location and improvements toward the road.
9. The conditions do not apply generally to other land or structures in the district in which
the land is located. The marina property is generally unique in the immediate
neighborhood.
10. The granting of the application is necessary for the preservation and enjoyment of a
substantial property right of the applicant. This statement is true.
11. The granting of the proposed variance will not in any way impair health, safety, comfort
or morals, or in any other respect be contrary to the intent of this chapter. This
statement is true.
12. The granting of such variance will not merely serve as a convenience to the applicant,
but is necessary to alleviate demonstrable difficulty. The size of the Property; the
proximity to the lake and County Road 15; the need for site identification and access
create practical difficulties affecting the Property; the variances are necessary and not
merely serve as a convenience to the owners
The Commission may recommend or Council may impose conditions in granting of variances.
Any conditions imposed must be directly related to and must bear a rough proportionality to the
impact created by the variance. No variance shall be granted or changed beyond the use
permitted in this chapter in the district where such land is located.
Practical Difficulties Statement
Applicant has completed the Practical Difficulties Documentation Form attached as Exhibit B,
and should be asked for additional testimony regarding the application.
Practical Difficulties Analysis
Staff finds the site's orientation squeezed between Shoreline Drive and the lake serve as
practical difficulties supporting both setback variances as well as the hardcover variance.
FILE #17-3934
15 May 2017
Page 4 of 4
Additionally the width of the shoulder supports the installation of the low -profile monument
sign within the required setback. Although the sign will be 3 feet from the property line it will be
10 feet from the "curb" and 20 feet from the fog line. The ground clearance requirement
conflicts with the applicant's desire to have a low -profile sign. A fence located at the same
setback could be 42 inches tall, the sign is proposed at 40 inches.
Public Comments
Hennepin County has submitted comments relating to the sign location and expressed no
concerns (see Exhibit H). To date, no additional public comments have been received.
Issues for Consideration
1. Does the Planning Commission find that that the property owner proposes to use the
property in a reasonable manner which is not permitted by an official control?
2. Does the Planning Commission find that the variance(s), if granted, will not alter
the essential character of the neighborhood?
3. Does the Commission find it necessary to impose conditions in order to mitigate the
impacts created by the granting of the requested variance(s)?
4. Are there any other issues or concerns with this application?
Planning Staff Recommendation
Planning Staff recommends approval.
List of Exhibits
Exhibit A.
Application
Exhibit B.
Practical Difficulties Documentation Form
Exhibit C
Proposed Survey/Site Plan
Exhibit D.
Proposed Plans and Elevations
Exhibit E.
Material and Plant Details
Exhibit F.
Aerial Photos
Exhibit G.
Comments from Hennepin County
Exhibit H.
Property Owners List
Exhibit /.
Plat Map
AGENDAITEM
Item No.: 15 Date: June 12, 2017
Item Description: #17-3936 Orono Public Schools, 685 Old Crystal Bay Road N.,
Conditional Use Permit - Resolution
Presenter: Jeremy Barnhart, Community Agenda Consent Agenda
Development Director Section:
1. Purpose. The purpose of this action item is to consider the Orono Public Schools request for a
Conditional Use Permit amendment to permit the construction of a maintenance garage and the after the
fact construction of an outdoor "kitchen".
2. Minnesota Statutes 15.99 Deadline. This application must be acted on by June 18, 2017
3. Background/ Summary. Orono Public Schools (OPS) is proposing the removal of two small garage
buildings and replacing them with one large pole type building, to be connected to an existing building
generally west of the intermediate school and south of the football stadium. Also, OPS desires approval
to retain an outdoor patio and kitchen (built-in grill and countertop) associated with an existing pavilion
on the west side of the property.
The new building would be approximately 6,144 sq. ft. within a lot that is over 32 acres in size.
Approximately 3,500 sq. ft. of asphalt will be added, replacing gravel in the area of the new building.
The increase in hardcover is .001% of the lot area, and no additional hardcover within 150 feet of Lake
Classen.
4. Planning Commission comment. The Planning Conunission reviewed the request at their meeting on
May 15, 2017. The Commission had no concerns with the proposal.
5. Public Comment. No comments for or against the proposal have been received.
6. Staff Recommendation. Staff recommends approval as proposed.
COUNCIL ACTION REQUESTED
Motion to approve resolution approving the Conditional Use Permit allowing for the construction of a
6,144 square foot maintenance garage and outdoor kitchen.
Exhibits
Exhibit A.
Draft Resolution
Exhibit B.
Proposed Plans
Exhibit C.
Draft PC Minutes
Exhibit D.
PC Staff Report
References
A. PC Exhibits:
Exhibit A. Application
Exhibit E. Narrative
Exhibit F. Property Owners List
Prepared By: J. Barnhart
Reviewed By: J. Barnhart
Approved By: W
Council
Exhibit A
CITY OF ORONO 11-1936
RESOLUTION OF THE CITY COUNCIL
NO.
A RESOLUTION GRANTING
A CONDITIONAL USE PERMIT FOR
A MAINTANENCE BUILDING AND AN
AFTER -THE -FACT OUTDOOR KITCHEN AND PATIO
PER THE PROVISIONS OF
ORONO ZONING CODE SECTIONS78-418 and 78-916
AT 685 N. OLD CRYSTAL BAY ROAD
FILE NO. 17-3936
WHEREAS, the Orono Public Schools ISD 278, (hereinafter "the Applicant") is
Owner of the property located at 685 N. Old Crystal Bay Road within the City of Orono
(hereinafter the "City"), identified as Hennepin County PINS 33-118-23-21-0002, legally
described as:
The south 940 feet of Government Lot 1, Section 33, Township 118, Range 23,
Hennepin County, Minnesota, subject to roads (hereinafter the "Property"); and
WHEREAS, the Owner has made application to the City of Orono for a
Conditional Use Permit (hereinafter "CUP") to allow the construction of a maintenance garage
and an outdoor kitchen area; and
WHEREAS, within the RR -113 One -family Rural Residential Zoning District in
which the Property is located, "Schools, daycare centers, uses accessory to a high school" may be
allowed as an Conditional Use,
Minnesota:
NOW, THEREFORE BE IT RESOLVED by the City Council of Orono,
FINDINGS
1. This application was reviewed as Zoning File 17-3936.
2. 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.
3. The Property is zoned RR-lB One -family Rural Residential District requiring a
minimum lot area of 2.00 acres and a minimum lot width of 200 feet. The Property
is approximately 32 acres in area.
Page 1 of 4
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO.
4. The Outdoor kitchen is part of an outdoor learning and gathering pavilion that is
customary improvement in a high school campus.
The redevelopment of the maintenance area is customary to the operations of a high
school campus.
6. The planned improvements are located to the interior of the campus, visual impact
to surrounding parcels will be negligible.
7. Analysis of the requests per section 78-916 of the City Code is as follows:
a) Consistent with the community management plan; The community
management plan guides the property for institutional uses. The school district
operations falls into this category.
b) Compliant with the zoning code, including any conditions imposed on specific
uses as required by article V, division 3 of the City Code; Schools are a
conditional use in the RR -1B zoning district, as are accessory uses. The kitchen
is 177 feet from the closest lake property line. The maintenance garage will be
724 feet from the lake. Lake Classen requires a 150 foot setback. An existing
interior property line runs through the existing school buildings, this property
line issue should be addressed.
C) Adequately served by police, fire, roads, and stormwater management; The
additions are adequately served.
d) Provided with an adequate water supply and sewage disposal system; the
additions are adequately served.
e) Not expected to generate excessive demand for public services at public cost;
This statement is true.
f) Compatible with the surrounding area as the area is used both presently and as it
is planned to be used in the future; these improvements are in the center of a
much larger school complex and are not expected to impact any adjacent
property.
g) 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.
h) Compatible with the character of buildings and site improvements in the
surrounding area, unless a change of character is called for in the community
management plan; This statement is true.
i) Not expected to substantially impair the use and enjoyment of the property in
the area or have a materially adverse impact on the property values in the area
when compared to the impairment or impact of generally permitted uses; This
statement is true.
D Provided with screening and buffering adequate to mitigate undesirable views
and activities likely to disturb surrounding uses; Screening or buffering is not
recommended.
Page 2 of 4
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO.
k) Not create a nuisance which generates smoke, noise, glare, vibration, odors,
fumes, dust, electrical interference, general unsightliness, or other means; This
statement is true.
Not cause excessive non-residential traffic on residential streets, parking needs
that cause a demonstrable inconvenience to adjoining properties, traffic
congestion, or unsafe access; The proposed additions will not add additional
measurable traffic.
M) Designed to take into account the natural, scenic, and historic features of the
area and to minimize environmental impact; The kitchen is sited to preserve
views from the pavilion, and will not impact views from the property. The shed
is located in the middle of the property.
n) 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; no lighting is
proposed and
0) Not detrimental to the public health, public safety, or general welfare. This
statement is true.
8. The City Council has considered this application including the findings and
recommendation of the Planning Commission, reports by City staff, comments by
the Applicants and the public, and the effect of the proposed interim use permit on
the health, safety and welfare of the community.
9. The City Council finds that the Applicants' request would be in keeping with the
spirit and intent of the Zoning Code and Comprehensive Plan of the City.
CONCLUSIONS, ORDER AND CONDITIONS
Based upon one or more of the above findings, the Orono City Council hereby grants a
Conditional Use Permit amendment pursuant to Orono Municipal Zoning Code Section 78-418 to
allow the construction of a maintenance garage and an outdoor kitchen, subject to the following
conditions:
1. This CUP is for temporary use of the Property in accordance with the site layout and plans
submitted by the applicant, attached hereto as Exhibit B.
2. Applicant shall obtain all appropriate required permits from Hennepin County, Minnehaha
Creek Watershed District, MPCA, and any other agencies or governing authorities as may
be required for activities on the site.
Adopted by the Orono City Council on the day of � 2017.
Page 3 of 4
ATTEST:
Anna Carlson, City Clerk
STATE OF MINNESOTA
)ss.
COUNTY OF HENNEPIN )
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO.
Dennis Walsh, Mayor
The foregoing instrument was acknowledged before me this day of
2017, by
the
LAKEWEST, LLC, a Minnesota Limited Liability Company, on behalf the Company.
Notary Public
Page 4 of 4
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CITY OF ORONO Exhibit C
PLANNING COMMISSION MEETING 17-3936
Monday, May 15,2017
6:30 o'clock p.m.
5. 17-3936 Orono Public Schools, 685 Old Crystal Bay Road North, Conditional Use Permit,
7:20 P.M. — 7:27 P.M.
Justin McCoy, Orono Public Schools, was present.
Barnhart the school district proposes to remove two small sheds consisting of approximately 1,400 square
feet and replace them with a larger 64 by 96 or 6,144 square foot building to be connected to an existing
garage. The buildings will be metal sided and match the existing structure. The buildings will house
ongoing maintenance operations of the school district property and facilities. Also included in this project
is paving the existing gravel parking lot and adding 3,500 square feet of asphalt in front of the garage
doors of the new building.
The school district, in conjunction with the rotary, constructed an outdoor 'kitchen' adjacent to an
existing pavilion on the property in fall of 2016. Since the kitchen is an expansion of the building, a
Conditional Use Permit is necessary. The kitchen consists of an approximately 280 square foot patio,
concrete counter, and a propane grill. The kitchen is located on a lot that is 16 acres in size and the
maintenance project is located on a parcel 32.95 acres in size.
The projects are not expected to be visible from off the property and are not likely to cause any
impacts on adjacent property owners. In terms of the scale of improvements already made, these
two projects are minor. The overall property consists of approximately 32 acres and currently has two
buildings and a sand gravel area. The projects add minimal hardcover to the property and zero hardcover
in the 150 -foot lake yard. The garage space will be 30 feet from an interior property line as required but
the existing building falls within the setback.
To date, no public comments have been received.
Staff recommends approval. No new access off of existing roads is being proposed and Staff does not
anticipate any impacts to adjacent properties.
The Planning Commission had no questions for Staff.
Page 1 of 2
CITY OF ORONO
PLANNING COMMISSION MEETING
Monday, May 15,2017
6:30 o'clock p.m.
Justin McCoy, Coordinator of Facilities and Safety for the Orono School District, stated one of the items
before the Planning Commission consists of an outdoor kitchen that was done in conjunction with the
Rotary. McCoy apologized for not obtaining approval for that project ahead of time but that he is here
tonight to make it right.
The second item is the maintenance building and will be used to store maintenance equipment.
Chair Thiesse opened the public hearing at 7:26 p.m.
There were no public comments on this application.
Chair Thiesse closed the public hearing at 7:26 p.m.
Leskinen moved, Schoenzeit seconded, to recommend approval of Application No. 17-3936, Orono
Public Schools, 685 Old Crystal Bay Road, granting of a conditional use permit per Staff
recommendations. VOTE: Ayes 5, Nays 0.
Page 2 of 2
Date Application Received: April 18, 2017
Date Application Considered as Complete: April 18, 2017
60 -Day Review Period Expires: June 18, 2017
To: Chair Thiesse and Planning Commission Members
Doug Reeder, Interim City Administrator
From: Jeremy Barnhart, Community Development Director
Date: May 15, 2017
Subject: #17-3936, Orono Public Schools, 685 N. Old Crystal Bay Road,
Conditional Use Amendment
Public Hearing
Council
Exhibit D
17-3936
Application Summary: The applicant is requesting a conditional use amendment to permit the
construction of an addition to the maintenance garage and after the fact approval for an
outdoor grill areas near an existing pavilion.
Staff Recommendation: Planning Department Staff recommends approval of the conditional
use permit amendments as proposed.
Background
Maintenance garage. The school district proposes to remove two small sheds, approximately
1400 sq ft, and replace them with a larger 64 by 96 (6144 sq ft) building to be connected to an
existing garage. The buildings will be metal sided, and match the existing structure. The
buildings will house ongoing maintenance operations of the school district property and
facilities. Also included in this project is paving the existing gravel parking lot, and adding 3500
sq ft of asphalt in -front of the garage doors of the new building.
Outdoor kitchen. The school district, with the rotary, constructed an outdoor 'kitchen' adjacent
to an existing pavilion on the property in fall of 2016. Since the 'kitchen' is an expansion of the
building, a Conditional Use permit is necessary. The kitchen consists of an approximately 280 sq
ft patio, concrete counter, and a propane grill.
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
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 community management
plan guides the property for institutional uses. The school district operations falls
into this category.
2) Compliant with the zoning code, including any conditions imposed on specific uses as
required by article V, division 3 of the City Code; Schools are a conditional use in the
RR -113 zoning district, as are accessory uses. The kitchen is 177 feet from the closest
FILE # 17-3936
May 15, 2017
Page 2 of 3
lake property line. The maintenance garage will be 724 feet from the lake. Lake
Classen requires a 150 foot setback. An existing interior property line runs through
the existing school buildings, this property line issue should be addressed.
3) Adequately served by police, fire, roads, and stormwater management; The
additions are adequately served.
4) Provided with an adequate water supply and sewage disposal system; the additions
are adequately served.
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; these improvements are in the center of a much
larger school complex and are not expected to impact any adjacent property.
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.
8) Compatible with the character of buildings and site improvements in the surrounding
area, unless a change of character is called for in the community management plan;
This statement is true.
9) Not expected to substantially impair the use and enjoyment of the property in the
area or have a materially adverse impact on the property values in the area when
compared to the impairment or impact of generally permitted uses; This statement
is true.
10) Provided with screening and buffering adequate to mitigate undesirable views and
activities likely to disturb surrounding uses; Screening or buffering is not
recommended.
11) Not create a nuisance which generates smoke, noise, glare, vibration, odors, fumes,
dust, electrical interference, general unsightliness, or other means; This statement
is true.
12) Not cause excessive non-residential traffic on residential streets, parking needs that
cause a demonstrable inconvenience to adjoining properties, traffic congestion, or
unsafe access; The proposed additions will not add additional measurable traffic.
13) Designed to take into account the natural, scenic, and historic features of the area
and to minimize environmental impact; The kitchen is sited to preserve views from
the pavilion, and will not impact views from the property. The shed is located in the
middle of the property.
14) All exterior lighting shall be so directed so as not to cast glare toward or onto the
public right-of-way or neighboring residential uses or districts; no lighting is
proposed and
15) Not detrimental to the public health, public safety, or general welfare. This
statement is 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.
Septic System Status
The property is served by municipal sewer. The proposed additions are not expected to
increase service demand.
FILE # 17-3936
May 15, 2017
Page 3 of 3
Analysis
The kitchen is located on a lot that is 16 acres in size, and the maintenance project is located on
a parcel 32.95 acres in size.
The projects are not expected to be visible from off the property, and are not likely to cause any
impacts on adjacent property owners. In terms of the scale of improvements already made, these
two projects are minor.
The projects add minimal hardcover to the property (1715 sq ft or 0.001% of the intermediate
school lot), and zero hardcover with the 150 foot lake yard. The garage space will be 30 feet from
an interior property line, as required, though the existing building falls within the setback.
Staff finds the projects appropriate given the existing use of the property and minimal
neighborhood impacts.
Public Comments
To date, no public comments have been received.
Issues for Consideration
1. Does the Planning Commission find the proposed projects satisfy the requirements of the
CUP?
2. Are there any other issues or concerns with this application?
List of Exhibits
Exhibit A.
Application
Exhibit B.
Maintenance building plans
Exhibit C
Kitchen/ patio plan
Exhibit D.
Project location map
Exhibit E.
Narrative
Exhibit F.
Property Owners List and Map
AGENDAITEM
Item No.: 16
Date: June 12, 2017
Item Description: #17-3937 Black Bear Builders o/b/o John Brooks,
905 Ferndale Road W, Variances, Resolution
Presenter: Melanie Curtis Agenda Consent Agenda
Planner Section:
Purpose. This application is regarding variances for a generator.
2. MN§15.99 Application Deadline. The application was received and considered to be complete
on April 19, 2017. Therefore the 60 -Day review period expires on June 18, 2017.
3. Background. The applicant is proposing to construct an approximate 4 foot by 8 foot concrete
pad to support the installation of a natural gas fueled generator less than 75 feet from the ordinary
high water level where no hardcover or structures are permitted; and within 30 feet of an un-
delineated wetland.
4. Planning Commission Comment. On May 15, 2017, the Planning Commission held a public
hearing and reviewed the application. Following the public hearing the Commission voted 5 to 0
in favor of a motion to approve the variances noting the revised footprint from 3' x 6' as originally
proposed.
5. Public Comment. No comments from the public were received regarding this application.
6. Staff Recommendation. Staff recommends approval.
COUNCIL ACTION REQUESTED
Motion to adopt or amend the approval resolution.
Exhibits
Exhibit A.
Draft Resolution
Exhibit B.
Proposed Plans
Exhibit C.
Draft PC Minutes
Exhibit D.
PC Staff Report
Exhibit E.
Neighbor Acknowledgements
References
PC Exhibits of May 15, 2017:
A. Application
B. Practical Difficulties Documentation Form
C. Proposed Survey/Site Plan
D. Generator Plans and Elevations
E. Submitted Hardcover Calculations
F. Aerial Photos
G. MCWD Comments
H. Property Owners List
1. Plat Map
Prepared By: �Y)GG
Reviewed By: J. Barnhart
Approved By: Nz
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO.
A RESOLUTION
APPROVING VARIANCES FROM
MUNICIPAL ZONING CODE
SECTIONS 78-1279; 78-1605 & 78-1680
FILE NO. 17-3937
WHEREAS, on April 19, 2017, John Brooks, (the "Applicant"), applied for variances
from the City Code for the property addressed 905 Ferndale Road West and legally described as:
Lots 107,108, and 109, Auditor's Subdivision No. 184, and Lot 13, North Shore
Cottage Acres, Hennepin County, Minnesota (hereinafter the "Property");
WHEREAS, the Applicant has made application to the City of Orono for a variance
to Orono Municipal Zoning Code Section 78-1279 to allow construction of a 4 -foot by 8 -foot
concrete pad to support a gas generator (the "Generator") 26 feet from the ordinary high water
level where a 75 -foot setback is required; and
WHEREAS, the Applicant has made application to the City of Orono for a variance
to Orono Municipal Zoning Code Section 78-1605 to allow construction of a Generator within 30
feet of a wetland where a 35 -foot setback is required; and
WHEREAS, the Applicant has made application to the City of Orono for a variance
to Orono Municipal Zoning Code Section 78-1680 to allow construction of a Generator resulting
in 32 square feet of hardcover where no hardcover is permitted; and
WHEREAS, on May 15, 2017, 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 May 15, 2017, the Planning Commission recommended approval
of the variances; and
WHEREAS, on June 12, 2017 the City Council reviewed the application and the
recommendations of the Planning Commission and City staff;
NOW, THEREFORE, BE IT RESOLVED that the City Council of Orono, Minnesota
hereby approves the requested variances as described above based on one or more of the
following findings of fact concerning the Property:
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO.
FINDINGS OF FACT:
This application was reviewed as Zoning File #1 7-3937.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 2.7 acres in area.
4. The Property is within Tier 1 and hardcover is limited to 25% according to the Stormwater
Quality Overlay District.
5. Applicant has applied for the following variance[s]:
a. Lake Setback Variance.
b. Wetland Setback Variance.
c. Hardcover 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 variances requested are consistent with the
general intent of the Ordinance. The requested lake setback and wetland setback
variances are in harmony with the Ordinance as the lake views enjoyed by the adjacent
neighbors will not be impacted by the Generator. The wetland setback, lake setback,
and hardcover variances are reasonable and necessary as the logical location for the
improvement is adjacent to and existing City utility improvement accessed off of the
secondary driveway. Shifting the Generator away from the lake and the wetland, uphill,
is difficult and adds the visual impact.
2. "Variances shall only be permitted . . . when the variances are consistent with the
comprehensive plan." The variances resulting in a permit for the Generator to serve the
residence in a residential zone are consistent with the Comprehensive Plan.
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 construction of a Generator within the lake setback and
possibly within the wetland setback appears to be reasonable as the adjacent
properties will not be adversely impacted; the uniqueness of the shape and
orientation of the Property create separation from the adjacent neighbors; the
proposed Generator will be located near an existing public utility improvement.
b. The plight of the landowneris due to circumstances unique to his property not created
by the landowner.
The unique shape of the Property was not the result of actions by the landowner.
The Generator will not result in diminished lake views enjoyed by neighboring
properties.
c. The variance, if granted, will not alter the essential character of the locality. "
The lake setback, hardcover, and wetland setback variances will not alter the
character of the neighborhood; there is an existing utility improvement on the
Property situated at a similar setback and location. It does not appear that the
requested variance to permit the Generator within the lake setback will adversely
impact views of the lake currently enjoyed by the adjacent property owners. The
lake setback and hardcover variances are reasonable and necessary as the most
logical location for the Generator is adjacent to the existing secondary driveway
near the existing City utility improvements. The topography of the Property creates
difficulties in moving the improvement to meet the 75 -foot setback. The hardcover
for the Property is below 25% and the new hardcover is mitigated by the excess
greenspace on the Property.
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.
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO.
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 a generator to support a residential use is an
allowed use in the LR -1A District.
7. "The board or council may permit as a variance the temporary use of a one -family dwelling
as a two-family dwelling." This condition is not applicable.
8. "The special conditions applying to the structure or land in question are peculiar to such
property or immediately adjoining property." The unique shape and orientation of the
Property is not common in the surrounding neighborhood. The topography and the island -
like nature of the Property creates increased difficulties which drive the location of the
Generator toward the lake.
9. "The conditions do not apply generally to other land or structures in the district in which the
land is located." The unique shape and peninsula qualities of the Property are not common
in the surrounding neighborhood.
10. "The granting of the application is necessary for the preservation and enjoyment of a
substantial property right of the applicant." Granting the requested variances will provide
relief to the Applicant regarding the lot shape, topography, and wetland on the Property.
11. "The granting of the proposed variance will not in any way impair health, safety, comfort or
morals, or in any other respect be contrary to the intent of this chapter." 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 shape and orientation of the Property;
the topography and wetland create practical difficulties affecting the Property; the
variances are necessary and not merely serve as a convenience to the owners.
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 78-1279 to allow construction of a 4 -
foot by 8 -foot concrete pad to support a Generator, 26 feet from the ordinary high water level
where a 75 -foot setback is required; and a variance to Orono Municipal Zoning Code Section 78-
1605 to allow construction of a Generator within 30 feet of a wetland where a 35 -foot setback is
required; and a variance to Orono Municipal Zoning Code Section 78-1680 to allow construction
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO.
of a Generator resulting in 32 square feet of hardcover where no hardcover is permitted; 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 March 16, 2017 by Gronberg and
Associates and plans 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.
4. Authorities granted by this resolution run with the Property not with the Applicant, but are
permissive only and must be exercised by obtaining a building permit for the new
construction and commencing construction of said project. A footing inspection must be
completed within one year of the date of Council approval, or the variances will expire on
that date (June 12, 2018).
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 12 th day of June 2017.
ATTEST:
CITY OF ORONO:
Anna Carlson, City Clerk Dennis Walsh, Mayor
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CITY OF ORONO
PLANNING COMMISSION MEETING
Monday, May 15,2017
6:30 o'clock p.m.
6. 17-3937 Black Bear Builders on behalf of John Brooks, 905 Ferndale Road West, Variance,
7:27 P.M. — 7:31 P.M.
Stewart Cleveland, Black Bear Builders, and John Brooks, Applicant, were present.
Curtis stated the applicant is proposing to construct an approximate 3 x 6 foot concrete pad to support
installation of a natural gas fuel generator less than 75 feet from the ordinary high water level at the
bottom of the staircase. No hardcover is permitted and structures are not permitted within 75 feet. The
structure is also proposed within 30 feet of a potential wetland. The proposal results in an additional 19
square feet of hardcover within the 75 -foot setback. The property is nearly 10 percent below the allowed
25 percent hardcover level.
The most inconspicuous and logical location for the generator pad is where it is proposed. The generator
will be accessed by the existing secondary driveway. Fro the lake, the improvement will be completely
screened by the remainder of the property, and at least than three feet tall, it likely will not be visible from
the road.
Moving the improvement further from the lake to the south would result in locating it in a steep slope
likely causing further disturbance. The wetland setback and hardcover variances are supported by the site
constraints.
Planning Staff recommends approval of the variances. The applicant should confirm the dimensions of
the proposed pad since there was a conflict in the plans provided. If the pad increases slightly to conform
to the plans, Staff would continue to recommend approval.
The Planning Commission had no questions for Staff.
Stewart Cleveland, Black Bear Builders, stated he did notice that there was a slightly discrepancy on the
size of the pad and that they are proposing the pad to be approximately 4' x 8' to provide a little extra
room around the generator.
CITY OF ORONO
PLANNING COMMISSION MEETING
Monday, May 15,2017
6:30 o'clock p.m.
John Brooks, Applicant, noted the plans said 3' x 6.5'. Brooks commended Planner Curtis for her work
on this application.
Chair Thiesse opened the public hearing at 7:30 p.m.
There were no public corninents on this application.
Chair Thiesse closed the public hearing at 7:30 p.m.
Schwingler moved, Olson seconded, to recommend approval of Application No. 17-3937, Black
Bear Builders on behalf of John Brooks, 905 Ferndale Road West, granting of a variance, per Staff
recommendations. VOTE: Ayes 5, Nays 0.
Date Application Received: 04/19/17
Date Application Considered as Complete: 04/19/17
60 -Day Review Period Expires: 06/18/17
To: Chair Thiesse and Planning Commission Members
Doug Reeder, Interim City Administrator
From: Melanie Curtis, Planner YYIGG
Date: 15 May 2017
Subject: #17-3937, Black Bear Builders o/b/o John Brooks, 905 Ferndale Road West,
Variances
Public Hearing
Application Summary: The applicant is requesting approval of hardcover and setback variances
in order to construct a concrete pad and a generator.
Staff Recommendation: Planning Department Staff recommends approval.
Background
The applicant is proposing to construct an approximate 3 foot by 6 foot concrete pad to support
the installation of a natural gas fueled generator less than 75 feet from the ordinary high water
level (OHWL) where no hardcover or structures are permitted; and within 30 feet of a potential
(undelineated) wetland.
LOT ANALYSIS WORKSHEET
Section 78-305 & 78-1279 - Setbacks:
LR -1A
Required
Proposed
Rear/ Street
50' principal structure
44' generator pad
Wetland
35'
30'from the undelineated wetland
/ 931.5' contour on the east side
Lakeshore
75'
26'
Tier
The property is a peninsula and there is no adjacent
Average Lakeshore
lakeshore lot on either side to impose an average lakeshore
setback requirement.
Section 78-1680 -Hardcover Calculations:
The applicant's proposal results in an additional 19 square feet of hard cover to be located
within the 75 -foot setback.
Stormwater
Total Area in
Allowed
Existing
Proposed
Overlay District
Zone
Hardcover
Hardcover
Hardcover
Tier
30,230 s.f.
17,693 s.f.
17,712 s.f.
Tier 1
120,920 s.f.
(25 %)
(14.6%)
(14.6%)
#17-3937
15 May 2017
Page 2 of 5
Applicable Regulations:
Lake and Wetland Setback Variance (Sections 78-1279 & 78-1605)
The generator and pad are shown to be 26 feet from the OHWL and within 30 feet of a potential
wetland. The improvement will be located on the street "side" of the property's lakeshore and
will not be visible from the lake.
The City's wetland regulations were amended at the May 8 th Council meeting; an accessory
building/structure no longer requires a delineation. The wetland on the property has not been
delineated; the required wetland setback is 35 -feet. Staff used the best available information to
make the determination about setback. Based on the available topographic information from
the survey and wetland shown on the Hennepin County aerial photo map, staff suggests the
need for a setback variance as the proposed structure is 30 feet from the wetland edge.
Hardcover Variance (Sections 78-1281 & 78-1680)
Hardcover within the 75 foot setback is limited to those specific improvements identified in the
Code. The 19 square foot generator pad is not an allowed hardcover improvement within the
lake setback.
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 offire, risk to the public safety, and the effect
on values of property in the surrounding area. The Planning Commission shall consider
recommending approvalfor variances from the literal provisions of the Zoning Code in instances
where their strict enforcement would cause practical difficulties because of circumstances unique
to the individual property under consideration, and shall recommend approval only when it is
demonstrated that such actions will be in keeping with the spirit and intent of the Orono Zoning
Code. Economic considerations alone do not constitute practical difficulties. Practical difficulties
also include but are not limited to inadequate access to direct sunlight for solar energy systems.
Variances shall be granted for earth -sheltered construction as defined in Minn. Stat. § 216C.06,
subd. 2, when in harmony with this chapter. The board or the council may not permit as a
variance any use that is not permitted under this chapter for property in the zone where the
affected person's land is located. The board or council may permit as a variance the temporary
use of a one -family dwelling as a two-family dwelling.
According to MN §462.537 Subd. 6(2) variances shall only be permitted when:
1. The variance is in harmony with the general intent and purpose of the Ordinance. The
variances requested are consistent with the general intent of the Ordinance. The
requested lake setback and wetland setback variances are in harmony with the
Ordinance as the lake views enjoyed by the adjacent neighbors will not be impacted by
the improvement. The wetland setback, lake setback, and hardcover variances are
reasonable and necessary as the logical location for the improvement is adjacent to and
existing City utility improvement accessed off of the secondary driveway. Shifting the
improvement away from the lake and the wetland, up hill, is difficult and adds the visual
impact.
#17-3937
15 May 2017
Page 3 of 5
2. The variance is consistent with the comprehensive plan. The variances resulting in a
permit for the generator to serve the 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 request to permit construction of a
concrete pad and generator within the lake setback and possibly within the
wetland setback appears to be reasonable as the adjacent properties will not
be adversely impacted; the uniqueness of the shape and orientation of the
subject property create separation from the adjacent neighbors; the proposed
improvement will be located near an existing public utility improvement.
b. There are circumstances unique to the property not created by the landowner;
The unique shape of the property was not the result of actions by the
landowner. The improvement will not result in diminished lake views enjoyed
by neighboring properties; and
c. The variance will not alter the essential character of the locality. The lake
setback, hardcover, and possible wetland setback variances will not alter the
character of the neighborhood; there is an existing utility improvement on the
property situated at a similar setback and location. it does not appear that the
requested variance to permit the improvement within the lake setback will
adversely impact views of the lake currently enjoyed by the adjacent property
owners. The lake setback and hardcover variances are reasonable and
necessary as the most logical location for the improvement is adjacent to the
existing secondary driveway near the existing City utility improvements. The
topography of the property creates difficulties in moving the improvement to
meet the 75 -foot setback. The hardcover for the property is below 25% and
the new hardcover is mitigated by the excess greenspace on the property.
Additionally City Code 78-123 provides additional parameters within which a variance may be
granted as follows:
4. Economic considerations alone do not constitute practical difficulties. Economic
considerations have not been a factor in the variance approval determination.
5. Practical difficulties also include but are not limited to inadequate access to direct sunlight
for solar energy systems. Variances shall be granted for earth -sheltered construction as
defined in Minn. Stat. § 216C.06, subd. 2, when in harmony with Orono City Code Chapter
78. This condition is not applicable.
6. The board or the council may not permit as a variance any use that is not permitted under
Orono City Code Chapter 78 for property in the zone where the affected person's land is
located. This condition is not applicable, as a generator to support a residential use is
an allowed use in the LR -IA 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 unique shape and orientation of the
Property is not common in the surrounding neighborhood. The topography and the
island -like nature of the property creates increased difficulties which drive the location
of the improvement toward the lake.
#17-3937
15 May 2017
Page 4 of 5
9. The conditions do not apply generally to other land or structures in the district in which
the land is located. The unique shape and peninsula qualities of the Property are not
common in the surrounding neighborhood.
10. The granting of the application is necessary for the preservation and enjoyment of a
substantial property right of the applicant. Granting the requested variances will provide
relief to the applicant regarding the lot shape, topography, and possible wetland on the
property.
11. The granting of the proposed variance will not in any way impair health, safety, comfort
or morals, or in any other respect be contrary to the intent of this chapter. 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 shape and orientation of the
Property; the topography and possible wetland create practical difficulties affecting the
Property; the variances are necessary and not merely serve as a convenience to the
owners.
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.
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
The most inconspicuous and logical location for the generator and pad is where it is proposed.
The improvement will be accessed by the existing secondary driveway; City's sewer and lift
station improvements are approximately 50 feet to the east within an easement on the property
and set closer to the area identified as a possible wetland. From the lake the improvement will
be completely screened by the rest of the property itself. Due to the height proposed at less
than 3 feet it will likely not be visible from Ferndale Road West without difficulty. Moving the
improvement further from the lake would result in locating it within an area of steep slope
causing a greater disturbance of the site. The wetland and lake setback variances are supported
by the site constraints.
Engineer Comments
The City engineer has not reviewed the proposal. A complete review will be conducted at the time
of permit.
Public Comments
To date, no public comments have been received.
#17-3937
15 May 2017
Page 5 of 5
Issues for Consideration
1. Does the Planning Commission find that that the property owner proposes to use the
property in a reasonable manner which is not permitted by an official control?
2. Does the Planning Commission find that the variance(s), if granted, will not alter the
essential character of the neighborhood?
3. Does the Commission find it necessary to impose conditions in order to mitigate the
impacts created by the granting of the requested variance(s)?
4. Are there any other issues or concerns with this application?
Planning Staff Recommendation
Planning staff recommends approval of the lake setback, hardcover, and wetland setback
variances for the proposed generator pad and generator improvements.
The applicant should confirm the dimensions of the pad as the plans seem to require a larger
minimum size than proposed. Should the pad increase slightly to conform to the noted minimums
of 44" x 88" staff would also recommend approval.
List of Exhibits
Exhibit A.
Application
Exhibit B.
Practical Difficulties Documentation Form
Exhibit C.
Proposed Survey/Site Plan
Exhibit D.
Generator Plans and Elevations
Exhibit E.
Submitted Hardcover Calculations
Exhibit F.
Aerial Photos
Exhibit G.
MCWD Comments
Exhibit H.
Property Owners List
Exhibit /.
Plat Map
ADJACENT PROPERTY OWNERS'ACKNOWLEDGEMENT FORM
(we) Of
[print name(s)]
[print address]
MAY 16 2017
have rev ropos
4-2 Igwed the plans for the proposed improvement or p ed use of the property eff" ORONO
also referred toes Land Use Application No. 12�� 3 -1
I (we) understand that in executing this acknowledgement, I (we) am (are) not asked to declare approval or
disapproval of the property or use but merely to confirm for the City Council that I (we) am (are) aware of the
improvement plans and that the proposed neighbors project or use requires Council approval.
Owner
Property Owner
Date
Date
If you have any information that may assist the City in the review of this Land Use
Application, please submit your comments to the Building & Zoning Office at least 10
days prior to the scheduled meeting date.
Variance Application - January 2017 PB_W 15 # 3937
ADJACENT PROPERTY OWNERWACKNOWLEDGEMENT FORM
(we) Irl �6 U �* �/'� 0 &a5 -
[print name(s)] [print address]
have reviewed the plaps for the proposed improvement or proposed use of the property located at
q122E t,,dde Q4 also referred to as Land Use Application No. 17---�q3l
I (we) understand that in executing this acknowledgement, I (we) am (are) not asked to declare approval or
disapproval of the property or use but merely to confirm for the City Council that I (we) am (are) aware of the
improvement plans and that the proposed neighbor's project or use requires Council approval.
Owner
Date
Date
NAY 12 2017
C'Ty OF O-��ONO
If you have any i rmation that may assist the City in the review of this Land Use
Application, please submit your comments to the Building & Zoning Office at least 10
days prior to the scheduled meeting date.
Variance Application - Janusy 2017
Page 15
# 3937
AGENDAITEM
Item No.: 17
Date: June 12, 2017
Item Description: #17-3938, TC Homes, Inc., (Brian Tutt) o/b/o Nancy Bloms,
1325 Rest Point Lane, Variances: Lot Area, Lot Width, Street Side yard setback
Presenter: Jeremy Barnhart, Community Agenda Consent Agenda
Development Director Section:
1. Purpose. The purpose of this action item is to review a variance application from the side street
setback and lot size and width requirements to permit the construction of a new home.
2. Minnesota Statutes 15.99 Deadline. This application must be acted on by June 19, 2017
3. Background/ Summary. The property has been vacant for a number of years. The property owner is
selling to a buyer who proposes a two story, 1686 square foot (footprint) single family home. The lot is
non -conforming as to width and area, the applicant requests a variance from the required side street
setback, as well as variances from the lot width and area requirements. The side street in question is
unimproved right of way, but used to provide access to the two lots to the west.
4. Planning Commission comment. The Planning Commission reviewed the request at the meeting on
May 15, 2017. Commissioners questioned subsurface drainage issues raised by neighboring property
owners, which is noted for the property owner. Commissioners felt the home was appropriate for the
neighborhood, and that a desire to keep the property vacant is not a basis for denial.
5. Public Comment. Two written comments have been received. At the public hearing, 3 persons spoke,
two neighbors to the west, in opposition, and one, the owner, in support, Neighbors had concerns with
private improvements made on the vacant property, including retaining walls and irrigation systems, and
drainage patterns impacting their homes. The owner commented that the property has been for sale a
number of years and purchase was an option.
6. Staff Recommendation. Staff recommends approval as presented.
COUNCIL ACTION REQUESTED
Motion to adopt resolution approving side street, lot area, and lot width variances.
Exhibits
Exhibit A.
Draft Resolution
Exhibit B.
Proposed Plans
Exhibit C.
Draft PC Minutes
Exhibit D.
PC Staff Report
Exhibit E.
Additional public comment
Prepared By: J. Barnhart
Reviewed By: J. Bamhart
Approved By: W
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
A RESOLUTION
APPROVING A VARIANCE FROM
MUNICIPAL ZONING CODE
SECTION 78-330
FILE NO. 17-3938
WHEREAS, on June 12, 2017, TC Homes (Brian Tutt) as agent for Nancy Bloms
("Applicant[s]"), applied for a variance from the City Code for the property addressed 1325 Rest
Point Lane and legally described as:
Lot 74, Tonka View Gardens, Hennepin County, Minnesota (hereinafter the
"Property");
WHEREAS, the Applicants have made application to the City of Orono for a
variance to Orono Municipal Zoning Code Section 78-330 to allow a single family home within
the side street setback and on a non -conforming lot as to its width and area; and
WHEREAS, on May 15, 2017, 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 May 15, 2017, the Planning Commission recommended approval
of the variance; and
WHEREAS, on June 12, 2017, 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 #17-3938. The analysis contained within
staff memos and the exhibits attached to the aforesaid memos, all minutes from the above
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
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 -113 Zoning District.
3. The Property contains 0.35 acres in area (I acre is required) and has a defined lot width of
75 feet (140 feet is required).
4. The Property is within Tier 2 and hardcover is limited to 30% according to the Stormwater
Quality Overlay District.
5. Applicant has applied for the following variance[s]:
a. Lot Area (15,590 square feet were 43,560 square feet is required)
b. Lot Width (75 feet where 140 feet is required)
c. Side street setback (29 feet where 35 feet is required)
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:
The following analysis was conducted:
1. The variance is in harmony with the general intent and purpose of the Ordinance. The
proposed use is consistent with the zoning ordinance, the proposed encroachment
appears to be the minimum necessary.
2. The variance is consistent with the comprehensive plan. The property is guided for single
family residential.
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 has developed a home that
2
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
meets with the constraints as much as practicable. Fully meeting the
requirements for the ordinance would only permit a 30 foot wide home.
b. There are circumstances unique to the property not created by the landowner; This
property is fronted on three sides by public rights of way, further the slope
and vegetation limits building sites without drastic changes to the
neighborhood and
c. The variance will not alter the essential character of the locality. The minimal
encroachment for the covered entry will likely not impact the character of the
area.
Additionally City Code 78-123 provides additional parameters within which a variance may be
granted as follows:
4. Economic considerations alone do not constitute practical difficulties. Economic
considerations have not been a factor in the variance approval determination.
5. Practical difficulties also include but are not limited to inadequate access to direct sunlight
for solar energy systems. Variances shall be granted for earth -sheltered construction as
defined in Minn. Stat. § 216C.06, subd. 2, when in harmony with Orono City Code Chapter
78. This condition is not applicable.
6. The board or the council may not permit as a variance any use that is not permitted under
Orono City Code Chapter 78 for property in the zone where the affected person's land is
located. This condition is not applicable, as the use for a single family residential is a
permitted use in the LR-lB 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 Council has determined that small lots
3
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
are a practical difficulty, this lot is one of the few in the neighborhood that has
frontage on three sides.
9. The conditions do not apply generally to other land or structures in the district in which the
land is located. The subject lot is one of five (with three street yards) in the immediate
neighborhood, though this is the only one that has yet to be developed, and it appears
to be the second smallest.
10. The granting of the application is necessary for the preservation and enjoyment of a
substantial property right of the applicant. The variance is necessary to construct a
modest sized home well under the hard cover and structural coverage limitations.
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. No evidence
has been provided that suggests the variance will impair health, safety, and welfare.
12. The granting of such variance will not merely serve as a convenience to the applicant, but
is necessary to alleviate demonstrable difficulty. Based on the amount of hardcover and
structural capacity, it appears the applicant has made an attempt to coordinate the
project and the neighborhood.
4
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
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 78-330 to allow the three variances described
above, subject to the following conditions:
1. Council approval is based on the entire record, above Findings.
2. The approved project shall conforru to the survey dated April 13, 2017 and building plans
submitted by the Applicants and annotated by City staff, attached to this Resolution as
Exhibits A & B.
3. Any amendments to the plans which are not in conformity with City codes may require
further Planning Commission and City Council review.
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 (June 12, 2018).
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 12th day of June, 2017.
ATTEST:
Anna Carlson, City Clerk
STATE OF MINNESOTA
COUNTY OF HENNEPIN
of
This instrument was acknowledged before me this
CITY OF ORONO:
Dennis Walsh, Mayor
day of _, 20—, by I
Notary Public
The Gregory Group, Inc.
d.b.a.
LOT SURVEYS COMPANY
Established in 1962
LAND SURVEYORS
REGISTERED UNDER THE LAWS OF STATE OF MINNESOTA
7601 73rd Avenue North (763) 560-3093
Minneapolis, Minnesota 55428 Fax No. 560-3522
U r- u r IJ ]a I -S vr-t *1 f i ra Ir
T/C HOMES
Basis for
bearings is Property located in Section Property Address: 1325 Rest Point Lane
assumed 7, Township 117, Range 23, Orono, MN
Hennepin County, Minnesota
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Exhibit B
0 Denotes Found Iron Monument
0 Denotes Iron Monument
E] Denotes Wood Hub Set for
excavation only
Denotes Existing Contours
Denotes Proposed Contours
X000.0 Denotes Existing Elevation
(ED Denotes Proposed Elevation
w1IJ(- Denotes surface Drainage
NOTE: Proposed grades are subject to results of soil tests.
Proposed building information must be checked with
approved building plan and development or grading
plan before excavation and construction.
Proposed grades shown on this survey are
interpolations of proposed contours from the
drainage, grading and/or development plans.
NOTE: The relationship between proposed floor
elevations to be verified by builder.
959.0 Proposed Top of Foundation
958.7 Proposed Garage Floor
951.0 Proposed Lowest Floor
Type of Building
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The only easements shown are from plats of record or information
provided by client.
I 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
Surveyed this 13th day of April 2017.
FAsurvey\tonkaview gardens - hennepin\74Ntvg-74-fbIO9328inv86261.dwg
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Lot 74, TONKAVIEW GARDENS
Hennepin County, Minnesota
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Asphalt Singles -Verify Style
15#Felt w/ice & water shield
Yz " o.s.b. sheathing w/ clips
Mfr. design trusses@ 24" o.c.
R-49.0 Blown ins.
1/300 venting-1/2/in soffits
Air baffles @ each truss space
Windwash @ each truss space
2x6 Subfacia
Aluminum soffits & Facia
5/8- S.R.W/V.B @CIgs
Yz " S.R.w/V.B @ Ext.Walls
Omit V.B @ Int walls
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conditioned area with 1" sht.foam
And 5/8 type x sht rock @hse/Gar.
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(3) Timbersrand Stringers
Particle board treads
Particle board risers
Wood Rail @36** Hgt,
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2x6 Studs @ 16" O.0
S-1/2" Batt Insulation -R 21.0
7/16 O.S.B Sheathing@ Ext.Walls
Exterior House wrap
% " O.S. B. Subfloor
All Ftg,s to be 5000-P.S.1 Concrete
2 "Sheet foam @ Fdn Walls -R-10.0
If Blower door test is under 3,no 1"
int.R-5.0 foam reqd
Contractor to verify application
Waterproofing as Req,d
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CITY OF ORONO Council
PLANNING COMMISSION MEETING Exhibit C
Monday, May 15,2017 17-3938
6:30 o'clock p.m.
7. 17-3938 TC Homes, Inc., on behalf of Nancy Bloms, 1325 Rest Point Lane, Variance, 7:31
P.M. — 7:52 P.M.
Brian Tata, TC Homes, was present.
Barnhart stated the City has received an application for a variance to construct a new home on this
substandard lot. The proposed improvement would encroach into the side street setback six feet. A 35 -
foot setback is required and the applicants are proposing a 29 -foot setback. The lot is substandard as to
width at 75 feet wide where 140 feet is required and is substandard in area at .3 5 acres. The property does
meet the hardcover and structural coverage requirements for the zoning district.
Barnhart noted Rest Point Lane is to the south, with an unimproved alley to the west, and County Road
19. No access is proposed off of Highway 19 or off of Rest Point Lane. The alley currently provides to
one lot and secondary access to the lot to the north. Three lots would come off the alley if this application
is approved. There is an egress well located in the setback. City Code does allow egress wells into a
required yard up to five feet. This proposed improvement would meet that and Staff feels the request is
appropriate. The floor plans show a standard development that would be expected for a house of this size.
Barnhart displayed an aerial photograph of the subject property and pointed out the location of the
alleyway.
The City has received some public comments which were included in the Commissioners' packets. Those
comments expressed concerns about drainage onto their properties and the impacts to a retaining wall and
an irrigation system currently on the property. There were also concerns relating to the amount of traffic
in the alleyway and the possible loss of valuation to their properties.
Staff feels the applicant has demonstrated a practical difficulty and Staff recommends approval of the
variance as requested. If the proposed improvement was bigger or multiple variances were being
requested, Staff would feel differently, but as proposed, Staff recommends approval.
The Planning Coninlission had no questions for Staff
Page 1 of 4
CITY OF ORONO
PLANNING COMMISSION MEETING
Monday, May 15,2017
6:30 o'clock p.m.
Brian Tata, TC Homes, stated they are proposing to construct a single-family home on the lot. The lot
poses some challenges as far as width but in his view they have done a good job designing an attractive
home for the neighborhood.
Thiesse asked if any confirmation has been received ftom the other surveyor named in the email received
earlier today.
Barnhart indicated Staff has not received anything. Barnhart stated concerns relating to water runoff are
important to Staff and during the building plan review Staff ensures that runoff is not going onto the
neighboring properties.
Chair Thiesse opened the public hearing at 7:39 p.m.
Steve Hatcher, 4635 North Shore Drive, stated part of their concerns is runoff since they currently have
water in their basements. Hatcher stated when his insurance company looked at his property, they
consistently said that if there is a structure placed at the proposed site, that will increase the water coming
into their basements.
Thiesse asked if this is subsurface water.
Hatcher indicated it is subsurface water. The previous owner built a retaining wall on part of the
easement area and a portion of the retaining wall to the north of his property continues to have pressure
put on it. Hatcher stated it was noted when he purchased the property that the retaining wall was starting
to blow out from the water. With placing a structure and diverting that water around the proposed
property, it will continue to increase the water towards the retaining wall area.
Hatcher stated a portion of their sprinkler system is up in the left-hand comer, which will result in the
need for him to reroute his sprinkler system. Hatcher stated that was something that was unknown when
he purchased the property and it will be relocated.
Hatcher stated another challenge is snow removal. Currently all of the snow from the driveway is placed
on the far side of Rest Point Lane. With another structure on that property, it will continue to build up on
Page 2 of 4
CITY OF ORONO
PLANNING COMMISSION MEETING
Monday, May 15,2017
6:30 o'clock p.m.
the sides. Hatcher indicated he has 12 grandkids who play in that area and that having higher banks poses
a problem to the kids.
Tom Ahren, 1335 Rest Point Lane, stated he did take the plans and met with Mark Gronberg. Gronberg
indicated the plans should be more detailed. Ahren noted it is approximately45 feet up the street to the
top and that he does get a lot of water runoff as well. Mark Gronberg's concern was that he did not see
any way they could avoid all of that and that it would be difficult to control the water. Ahren noted he
already has had to dig up his foundation three times in order to improve the waterproofing and that he is
very concerned about the runoff.
Ahren indicated they are willing to acquire this property from the seller and keep it as a green, open
space. Ahren noted there is also a lot on the other side of the street that would be better to build on and
that they are not opposed to a home on that lot.
Nancy Bloms, Applicant, stated the two gentlemen did make offers on the property but that her realtor
reminded them repeatedly that they could up their offer and purchase it. Bloms stated this builder and
buyer in good faith purchased the property. Bloms, stated the neighbors had every opportunity to alleviate
any problems they perceive from this. Bloms noted this is a buildable property and what is being
proposed appears to be a good application.
Bloms stated when she first heard about the retaining wall issue, she looked at it and it appears to be far
enough up to not do any further damage. Bloms stated the water is probably all going to head down to
the southwest comer, which is going to go down the fire lane into the lake, which is where it should be
directed. Bloms stated a person cannot leave a buildable lot vacant that they own to accommodate
someone else's property and that they had a lot of opportunity to purchase the property.
Bloms noted Staff is calling this an alleyway but that it is an access way, which was similar to what was
approved earlier tonight. Bloms stated when she looked at this property, she felt having 35 -foot setbacks
on three sides was asking a lot of a property owner. Bloms stated that variance is probably irrelevant at
this point but in her view it was a good call on the part of the Planning Commission and that she can see
why they would want to look at things on a case-by-case basis.
Page 3 of 4
CITY OF ORONO
PLANNING COMMISSION MEETING
Monday, May 15,2017
6:30 o'clock p.m.
Thiesse noted the Planning Commission recommended that portion of the ordinance be approved and that
the City Council would need to approve it.
Chair Thiesse closed the public hearing at 7:48 p.m.
Thiesse asked how the City deals with subsurface drainage. Thiesse noted subsurface drainage is more
difficult to deal with than surface runoff.
Barnhart stated Staff identifies to the property owner that there are reports of subsurface drainage which
may impact their buildability of the site and that some ftirther investigation should be done. Barnhart
noted the City's ordinance does not restrict subsurface drainage but it does restrict collecting of water and
dumping it onto adjacent properties. Barnhart stated he does not know if that is cause to deny a variance
on a property that is otherwise buildable in the City's eyes. Barnhart noted if it did not require a variance,
the applicants could have simply obtained a building permit.
Leskinen commented the request is not unreasonable and is similar to many other variances that have
been granted in the past. Leskinen stated in her view the Planning Commission has no grounds for denial
based on subsurface water concerns, especially since it is considered to be a buildable lot. Leskinen
stated she sees more grounds for approval than denial.
Thiesse stated he just wants the developer or builder to be aware that it is a sensitive issue and that people
have come forward raising concerns about the issue.
Leskinen stated builders and developers are always encouraged to work with the neighbors.
Schoenzeit suggested a structural engineer be used to design the foundation.
Schwingler commented he understands the neighbors' concerns but that they had the opportunity to
purchase the property at fair market value and that it is not a basis for denial.
Leskinen moved, Olson seconded, to recommend approval of Application No. 17-3938, TC Homes,
Inc., on behalf of Nancy Bloms, 1325 Rest Point Lane, granting of variances per Staff
recommendations. VOTE: Ayes 5, Nays 0.
Page 4 of 4
Date Application Received: April 19, 2017
Date Application Considered as Complete: April 19, 2017
60 -Day Review Period Expires: June 19, 2017
To: Chair Thiesse and Planning Commission Members
Doug Reeder, Interim City Administrator
From: Jeremy Barnhart, Community Development Director
Date: May 15, 2017
Council
Exhibit D
17-3938
Subject: #17-3938, TC Homes, Inc (Brian Tutt)/ Nancy Bloms, 1325 Rest Point Lane,
Variances: Lot Area, Lot Width, Street Side yard setback
Public Hearing
Application Summary: The applicant is requesting street side yard , lot area, and lot width
variances to permit the construction of a new home on property that is currently vacant.
Staff Recommendation: Planning Department Staff recommends approval of the variances as
requested.
Background
The property is currently undeveloped, and is fronted on three side by right of way. To the north
is County Road 19, to the south is Rest Point Lane, and the west is unimproved alley. The
applicant proposes a two story, 1686 sq ft (footprint) residential structure. The lot is
substandard, due to size and width. The house proposed is narrow to minimize encroachments
into the setbacks. The ordinance does allow terraces, steps, uncovered porches which do not
extend above the ground floor level of the building to extend into a required yard. The covered
entry way is required to meet the setback. Because a setback variance is requested, a variance
from the lot size and width is necessary.
The proposed covered entry encroaches into the side street setback 6 feet. Setbacks from the
county road and Rest Point Lane are preserved. Access will be via the unimproved alley to the
west. This alley also provides connections to the two residential parcels to the west via
driveways.
LOT ANALYSIS WORKSHEET
Section 78-330 - Setbacks:
LR -1B DISTRICT
Required
Proposed
North (Street)
35
79
West (Street side)
35
29
South (Street Front)
35
35.5
Side
10
10
FILE # 17-3938
May 15, 2017
Page 2 of 4
Section 78-330 - Lot Area/Width:
LR -1B DISTRICT Lot Area Lot Width
Required 43,560 s.f. (1 acre) 140'
Actual 15,590 s.f. (0.35 acre) 75'
Section 78-1403- Structural Cover
Total Lot Area
Total Structural Coverage
15,590 s.f. (acre)
Allowed: 3,118 s.f. (20%)
Proposed: 1,686 s.f. (10.8%)
Section 78-1680 and 78-1700 -Hardcover Calculations:
Stormwater
Total Area in
Allowed
Proposed
Overlay District
Zone
Hardcover
Hardcover
Tier
4,677 s.f.
3,029 s.f.
Tier 2
15,590 s.f.
(30%)
(19.3%)
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 offire, risk to the public safety, and the effect
on values of property in the surrounding area. The Planning Commission shall consider
recommending approvalfor variances from the literal provisions of the Zoning Code in instances
where their strict enforcement would cause practical difficulties because of circumstances unique
to the individual property under consideration, and shall recommend approval only when it is
demonstrated that such actions will be in keeping with the spirit and intent of the Orono Zoning
Code. Economic considerations alone do not constitute practical difficulties. Practical difficulties
also include but are not limited to inadequate access to direct sunlight for solar energy systems.
Variances shall be granted for earth -sheltered construction as defined in Minn. Stat. § 216C.06,
subd. 2, when in harmony with this chapter. The board or the council may not permit as a
variance any use that is not permitted under this chapter for property in the zone where the
affected person's land is located. The board or council may permit as a variance the temporary
use of a one -family dwelling as a two-family dwelling.
According to MN §462.537 Subd. 6(2) variances shall only be permitted when:
1. The variance is in harmony with the general intent and purpose of the Ordinance. The
proposed use is consistent with the zoning ordinance, the proposed encroachment
appears to be the minimum necessary.
2. The variance is consistent with the comprehensive plan. The property is guided for single
family residential.
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 has developed a home that
FILE # 17-3938
May 15, 2017
Page 3 of 4
meets with the constraints as much as practicable. Fully meeting the
requirements for the ordinance would only permit a 30 foot wide home.
b. There are circumstances unique to the property not created by the landowner;
This property is fronted on three sides by public rights of way, further the slope
and vegetation limits building sites without drastic changes to the
neighborhood and
c. The variance will not alter the essential character of the locality. The minimal
encroachment for the covered entry will likely not impact the character of the
area.
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 butare not limitedto 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 residential is a
permitted use in the LR -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 Council has suggested that small lots
are a practical difficulty, this lot is one of the few in the neighborhood that has frontage
on three sides.
9. The conditions do not apply generally to other land or structures in the district in which
the land is located. The subject lot is one of five (with three street yards) in the
immediate neighborhood, though this is the only one that has yet to be developed, and
it appears to be the second smallest.
10. The granting of the application is necessary for the preservation and enjoyment of a
substantial property right of the applicant. The variance is necessary to construct a
modest sized home well under the hard cover and structural coverage limitations.
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. No evidence
has been provided that suggests the variance will impair health, safety, and welfare.
12. The granting of such variance will not merely serve as a convenience to the applicant, but
is necessary to alleviate demonstrable difficulty. Based on the amount of hardcover and
structural capacity, it appears the applicant has made an attempt to coordinate the
project and the neighborhood.
The Commission may recommend or Council may impose conditions in granting of variances.
Any conditions imposed must be directly related to and must bear a rough proportionality to the
impact created by the variance. No variance shall be granted or changed beyond the use
permitted in this chapter in the district where such land is located.
FILE # 17-3938
May 15, 2017
Page 4 of 4
Septic System Status
The property will be served by municipal sanitary sewer.
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
Applying the practical difficulties analysis, it appears that they are satisfied. The encroachment is
minimal, the home is consistent in character with other homes in the neighborhood, there
appears to be conscious thought to design the house for the lot, rather than fit a standard house
into the lot. The covered entry
Staff can anticipate comment regarding the use of the unimproved right of way to the west, this
right of way is public and all property owners have rights to use the right of way.
Public Comments
To date, no public comments have been received.
Issues for Consideration
1. Does the Planning Commission find that that the property owner proposes to use the
property in a reasonable manner which is not permitted by an official control?
2. Does the Planning Commission find that the variance(s), if granted, will not alter the
essential character of the neighborhood?
3. Does the Commission find it necessary to impose conditions in order to mitigate the
impacts created by the granting of the requested variance(s)?
4. Are there any other issues or concerns with this application?
List of Exhibits
Exhibit A. Application
Exhibit B. Practical Difficulties Documentation Form
Exhibit C
Proposed Site Plan
Exhibit D.
Proposed Plans and Elevations
Exhibit E.
Property Owners List and Map
Council
Exhibit E
17-3938
From: Tom Ahern
To: Jeremy Barnha ; "Steven Hatcher"
Cc: steven.w.hatche��; cosheaoo��
Subject: RE: 1325 Restpoint Lane Lot Planning Meeting Concerns
Date: Monday, May 15, 2017 12:04:06 PM
Hi Jeremy,
In addition to the information provided by Steve, I also thought it would be pertinent information for
the Planning Commission to know that we are willing to explore purchasing the property from the
seller and that we would essentially keep that space as Open Space. Also, there is a lot across the
street from that would provide much better views that the Houghtmans have had for sale on and off
that may be a viable option for the family to build on.
Thanks Jeremy, we'll see you tonight.
Tom
G. Thomas Ahern
CEO Coughlan Companies Inc and Capstone
www.m)zcapstone.com
From: Jeremy Barnhart [mailto:jbarnhart@ci.orono.mn.usI
Sent: Monday, May 15, 2017 11:56 AM
To: 'Steven Hatcher' <stevehatcher >
Cc: Tom Ahern <taher >; steven.w. hatches
cosheaOO
Subject: RE: 1325 Restpoint Lane Lot Planning Meeting Concerns
Steven,
Thank you for your comments. I will pass these along to the Planning Commission.
Jeremy Barnhart, AICP
Community Development Director
Direct 952.249.4626
Planning & Zoning Office 952.249.4620
2750 Kelley Parkway, Orono, MN 55356
Website: www.ci.orono.nnn.us
From: Steven Hatcher [mailto:stevehatcher
Sent: Monday, May 15, 2017 10:17 AM
To: Jeremy Barnhart <ibarnhart(@ci.orono.mn.us>
Cc: Tom Ahern <taher >; Steven Hatcher <stevehatcher >;
steven.w.hatche
Subject: 1325 Restpoint Lane Lot Planning Meeting Concerns
Importance: High
Hello Jeremy,
I am following up on the couple of conversations we have had about ours and other
neighbors' concerns about the proposed building design and requested variances for 1325
Restpoint Lane. These concerns are based on professional assessment from water control
professionals hired by my insurance company (USAA) and Mark Gronberg, Mark Gronberg and
Associates, Engineering, Land Surveyors and Planners, both have voiced concerns about the
effect the proposed excavation and builing structure will have on my and Mr. Tom Aherns'
property. Here is a list of our conerns to the variances requested for the building on the lot at
1325 Restpoint Lane.
1. Water flow from excavation of proposed house would increase current water problems
effecting my basement and would effect Mr. Aherns' basement and we are very concerned
about the expense and unknown further water issues as a result of this building.
2. Proposed house that would affect the retaining wall located on my property. This property
was previously owned by the previous owner of my property and had build the retaining wall
along the easement and also had put in a blacktop driveway from edge of property to
Restpoint Lane.
3. The previous owner had installed a portion of the sprinkler system on the property which
he had owned, that system would need to be retrenched due to the proposed sale.
4. Current snow removal of property has become very challenging and will be more
challenging with the location of the driveway and house location.
5. The road will have increased traffic with blind spots do to the layout of the house and
garage. We have 12 grandchildren that play in that area and we have concerns about the
increased traffic in a confined area.
6. Potential loss of property value due to the increased water issues from placement of house
and water table disruption.
These are issues that will cost us money and potential damage to our house.
Thank you for you consideartion, we will be attending the planning meeting on May 15th.
Steve Hatcher
612-839-9084
AGENDAITEM
Item No.: 18 Date: June 12, 2017
Item Description: Resignation of Rachel Dodge — Administrative Support
Assistant
Presenter: Anna Carlson Agenda Consent Agenda
City Clerk Section:
1. Purpose. The purpose of this action item is to notify Council that Rachel Dodge,
Administrative Support Assistant, has submitted her notice of resignation. Rachel has served the
city of Orono for 16 years.
COUNCIL ACTION REQUESTED
Motion to accept Rachel Dodge's letter of Resignation.
Exhibits
A. Rachel Dodge's Letter of Resignation
Prepared By: AMC
Reviewed By: AMC
Approved By: W
Date: June 5, 2017
To -. Anna Carlson
RE: Resignation
I have had the pleasure of working and serving the citizens of Orono for the past 17 years. I have truly
loved working for this city and I have made many friendships and grown to love this unique community.
I will miss so many things about working here, especially the people!
I have accepted another position, please accept this letter of resignation from my position as
Administrative Assistant effective June 30, 2017. My last day in the office will be Friday, June 16" with
vacation thereafter. I will be available to respond to any questions staff may have and will make every
effort to make this a smooth transition.
Respectfully,
RachelDodge
AGENDAITEM
Item No.: 19
Date: June 12, 2017
Item Description: Public Works Maintenance Worker Appointment
Presenter: Adam T. Edwards Agenda Public Works/ City
Public Works Director/City Engineer Section: Engineer Report
1. Purpose. The purpose of the agenda item is to gain Council approval to appoint a new
Maintenance Worker within Public Works.
2. Background. The Public Works Department has six full time maintenance worker positions.
The maintenance worker positions are critical to meet current service needs and is essential to
City operations. One position is currently unfilled.
3. Recruitment. The selection process for the vacant position has been completed. The
process involved application screening, an interview panel and reference checking.
4. Recommended Candidate. The top candidate is Mr. Brian Clark. Brian has 20 years of
experience running his own sewer and water service installation company. In addition Brian has
a keen understanding of customer service, possesses a positive attitude and willingness to learn
new things. I believe he will be an asset to the Public Works Department and City.
Recommended Compensation. I recommended that Mr. Clark be appointed to the position
of Public Works Maintenance Worker effective June 26th, 2016.
a. Salary. Starting salary of $24.20/hour (Grade 7, Step 2)
b. Vacation. Starting vacation to be earned at a rate or 10 days (80 hours) per year
COUNCIL ACTION REQUESTED
th
Motion to appoint Mr. Brian Clark as a Public Works Maintenance Worker effective June 26
2016.
Prepared By: A -
Reviewed By: 7F
Approved By: W
AGENDA ITEM
Item No.: 20
Date: June 12, 2017
Item Description: #17-3910, Lake West Development, LLC, 3245 Wayzata
Boulevard, Interim Use Permit: Temporary Use for Construction Staging,
Resolution
Presenter: Jeremy Barnhart, Community Agenda Planning Department
Development Director Section: Report
1. Purpose. The purpose of this action item is to review a draft resolution for approval of an Interim
Use Permit for the property at 3245 Wayzata Boulevard to allow temporary staging of construction
activities associated with Hennepin County's CSAH 112 (Wayzata Boulevard) Improvement Project.
2. Application Deadline. A decision must be made by June 27, 2017. The timeline has been
extended once previously. If the applicant has not waived the 60 day rule, or the Council has not
made a decision by June 27, the project is approved.
3. Background. This item was discussed by the City Council at their meeting on May 8h and May
22 nd , at which time action was tabled pending full council review.
The applicants have submitted an application requesting an Interim Use Pen -nit for temporary use of
the property at 3245 Wayzata Boulevard for staging of construction activities associated with the
Wayzata Boulevard Improvement Project which commenced in April. On May 8th the Council
adopted an ordinance amending the zoning code by establishing parameters for Interim Uses
generally, and a second ordinance that allows for "Temporaryfacilities for construction staging,
materials and equipment storage, and materials recycling, when suchfacilities are associated with
adjacent public road construction or reconstruction projects in the City of Orono - as an Interim Use
within the RR- I B zoning District.
U
pdate: Current Status of 365 Old Crystal Bay Road Site Use. The contractor for the Hennepin
County Wayzata Boulevard improvement project obtained a permit from MnDOT to use a site at 365
Old Crystal Bay Road for the staging and recycling operation for Phase 1 (2017-2018) of the highway
improvements. As the project began, the contractor did obtain permission from Hennepin County to
recycle materials within the actual Wayzata Boulevard right-of-way, reducing the potential impacts
of use of the Old Crystal Bay Road site. This was discussed at the May 8 council meeting.
However, on Tuesday, May 9th at the weekly construction meeting staff learned that the contractor
still intends to use the 365 OCB Road site for materials storage and recycling/grinding later this
summer. Staff and City Attorney then followed up with the state permitting authorities, and on
Wednesday May I oth the contractor was advised by staff that the City will not allow this activity, and
gave them a window in which to remove the existing topsoil stockpiled at the site.
4. Review of IUP for 3245 Wayzata Boulevard. The applicants have requested that their
application for IUP approval continue to be reviewed, as they would like to be prepared for use of the
Eisinger site for later Phases of the Improvement Project. If an IUP is approved, it would seem
reasonable to allow the use for the remainder of Phase I.
On May 8th Council directed that staff prepare a draft resolution for approval of an Interim Use
Permit for 3245 Wayzata Boulevard. A draft resolution is attached, incorporating recommendations
of the Planning Commission and staff, as well as additional conditions suggested by the Council on
May 8th. Council should carefully review the draft language of the resolution, and consider whether
it reflects Council's intent.
AGENDAITEM
The IUP ordinance requires three specific pieces of information to be submitted as part of the
application process, as follows:
(a) Written documentation that includes a complete description of the use, schedule for
commencement and tennination of the use, hours and dates of operation and anticipated
employment.
(b) Any special studies requested by the City when there is evidence that the proposed use may
negatively impact public infrastructure, the environment or adjacent land uses. These studies
may examine the impacts on such things as traffic, environment, wetlands and utilities.
(c) Evidence of approval or preliminary approval from all other agencies with jurisdiction over
elements of the use.
As noted in the May 8th staff memo, Items (a) and (c) have been submitted relative to the use for
future phases, but not specifically for Phase I of the Wayzata Boulevard improvements. With regard
to item (b), the City has not requested any special studies to date. Council should discuss whether any
such studies or further information should be requested with regard to use of the site for Phase I in
2017-2018 as well as future Phases.
5. Staff Recommendation. Acknowledging that Interim Use Permits are new ground for the City
of Orono, staff recommends acting cautiously on this request. it can be argued that the proposed
operation is simply the same activity that the City engages in every time we rebuild a City road, but
on a larger scale. At the same time, there has been some level of public opposition to this request
from adjacent and nearby landowners.
Council should review the information provided to date, and discuss with the applicants items of note
as well as any additional concerns. The Council should consider adopting or amending the draft
resolution attached.
COUNCIL ACTION REQUESTED
Review the proposed interim use as presented.
- If Council determines that an IUP for this site should be granted, review the draft resolution,
make any appropriate revisions, and adopt the resolution.
- If Council determines that more information is required, table and provide staff and applicant
with specific direction.
- If Council determines that an 1UP should not be issued for this site, then direct staff to draft a
resolution for denial.
Exhibits
A — Draft IUP Approval Resolution
B — Notice of Council Action dated May 11, 2017 and May 24, 2017
C — Draft Council Minutes of May 22, 2017
Prepared By: J. Barnhart Reviewed By: J. Barnhart Approved By: MR
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO.
A RESOLUTION GRANTING
AN INTERIM USE PERMIT FOR
ROAD CONSTRUCTION STAGING AND
MATERIAL STORAGE AND RECYCLING USE
PER THE PROVISIONS OF
ORONO ZONING CODE SECTION 78-421
AT 3245 WAYZATA BOULEVARD
FILE NO. 17-3910
WHEREAS, LAKEWEST, LLC a Minnesota limited liability company
(hereinafter "the Owner") represented by Curt Fretham, is Owner of the property located at 3245
Wayzata Boulevard within the City of Orono (hereinafter the "City"), identified as Hennepin
County PINS 32-118-23 14 0002, and legally described as:
Exhibit A (attached) (hereinafter the "Property"); and
WHEREAS, the Owner has made application to the City of Orono for an Interim
Use Permit (hereinafter "IUP") to allow the operation of a temporary facility for construction
staging, materials and equipment storage, and materials recycling use on the Property, primarily in
support of the Wayzata Boulevard Improvement Project being conducted by Hennepin County;
and
WHEREAS, within the RR -113 One -family Rural Residential Zoning District in
which the Property is located, "Temporary facilities for construction staging, materials and equipment
storage, and materials recycling" may be allowed as an Interim Use, when such facilities are associated
with adjacent public road construction or reconstruction projects in the City of Orono, subject to the
provisions of Orono Zoning Code Section 78-421.
Minnesota:
NOW, THEREFORE BE IT RESOLVED by the City Council of Orono,
FINDINGS
1. This application was reviewed as Zoning File 17-3910.
2. 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.
Page I of 9
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO.
3. The Property is zoned RR -IB One -family Rural Residential District requiring a
minimum lot area of 2.00 acres and a minimum lot width of 200 feet. The Property
is approximately 26 acres in area of which approximately 13 acres is wetland and
approximately 10 acres is a closed landfill.
4. The Property and an adjacent parcel are the subject of City of Orono Resolution
No. 6655 which grants preliminary plat approval for a 27 -lot single family
residential development within the adjacent parcel and within a portion of the
Property.
5. The Owner has indicated that residential development of the Property is now
intended to be delayed for various reasons, and has applied for an extension of the
effective period of preliminary plat approval per the provisions of Orono
Subdivision Code Section 82-117.
6. The portions of the Property to be used for the temporary facility for construction
staging, materials and equipment storage, and materials recycling use are not within
the area intended for future residential development, with the exception of the
access road which will be developed for the temporary use and used in the future
for the residential development. The Owner has obtained the required Temporary
Construction Access Permit from Hennepin County.
7. The portion of the site proposed for construction staging is primarily over the closed
landfill area of the property. The landfill has been closed for many years and is
relatively open and flat. Layers of clean fill over the landfill were added by the
former owner in order to establish a suitable cap for the landfill and assure
appropriate runoff characteristics. The Owner has had borings done in the landfill
area in order to determine the stability and extent of the landfill as well as what
materials might be encountered if a future phase of residential development is ever
proposed. This information was obtained as part of their 2016 residential
development proposal.
8. The Minnehaha Creek Watershed District has approved an Erosion Control Pen -nit
for the construction staging/materials storage/recycling activity.
9. The Long Lake Fire Chief has indicated no issues with use of the site for
construction staging. The Orono Public Work Director has indicated this location
is likely as good a location as a road contractor will find for construction staging
associated with the Wayzata Boulevard Improvement Project.
10. The site plan suggests that temporary lighting may be employed, and it is possible
that to minimize impact on traffic flow, some work on the highway improvements
may be at night. It would be appropriate to establish that any temporary lighting be
downcast and directed away from residential areas.
Page 2 of 9
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO.
11. The submitted site plan indicates a proposed visual and noise -screening berm along
the west and south boundaries of the site. Applicant is working with the MPCA to
establish parameters and obtain permits for this berm, which will become an
amenity for future residential development. The City will require a grading plan
be approved for this, and it will require a Conditional Use Permit based on the
volume of permanent fill material.
12. The applicants' narrative suggests that this site might be used as a recycling yard
for projects other than just the Wayzata Boulevard improvements. The Orono
Planning Commission reviewed this application at its March 20th and April 17 1h
meetings, and recommended that use of the site should be limited solely to activities
related to the Wayzata Boulevard improvement project and should not be used to
support other projects. The Orono City Council concurs.
13. Site physical and location factors which support the intended temporary use include
that it is open and relatively flat; it has good accessibility to Wayzata Boulevard
and will not result in traffic impacts to residential streets; it is large enough for the
intended activities; and it is relatively remote from nearby residential development
(700' to home to the NE across Wayzata Blvd., 1000'+ from any homes to the SW
across the freeway), so that the potential negative impacts such as noise, vibration,
glare, dust, etc. should be minimal as compared to most other locations within the
Wayzata Boulevard corridor.
14. Review per Zoning Code Section 78-916. The Interim Use standards require that
an IUP request be considered with respect to the Conditional Use Permit (CUP)
standards of Zoning Code Section 78-916. Following is an analysis of the requested
IUP in relation to those standards. Council's findings following each criterion are
shown in bold italics.
Conditional Use Permit Analysis
Conditional use permit approval shall be granted only when the following
criteria are met:
(1) The proposed Interim Use is consistent with the Community Management
Plan(CMP). The proposed temporary use is commerciallindustrial in nature
and such use is consistent with the CMP guiding for this residential
neighborhood subject to the Interim Use provisions of the Zoning Code and
of the RR-lB Zoning District.
(2) The proposed use is compliant with the zoning code, including any
conditions imposed on specific uses as required by Article V, Division 3 of the
City Code. The proposed temporary use is compliant with the zoning
standards established for this interim use. Article V Division 3 does not
address the specific construction staging use proposed.
Page 3 of 9
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO.
(3) Adequately served by police, fire, roads, and stormwater management. The
proposed temporary use is anticipated to be adequately served by existing
services andfacilities.
(4) Provided with an adequate water supply and sewage disposal system. The
needs for water supply and sewage disposalfor the proposed temporary use
are not established, and will have to be providedfor by the operators of the
site, as municipal sewer and water are not currently available.
(5) Not expected to generate excessive demand for public services at public
cost. No excessivepublic services orpublic costs are anticipated based on the
proposed temporary use. Any costs ofmonitoring the sitefor compliance will
be charged back to the applicant
(6) Compatible with the surrounding area as the area is used both presently and
as it is plannedto be used inthe future. The proposed temporary use at this
site if operated under controlled conditions has potential to be compatible
with the surrounding area. The site is open and relatively flat, it has good
accessibility to Wayzata Boulevard; it is large enough for the intended
activities; and it is relatively remote from nearby residential development
(700'to home to the NE across Wayzata Blvd., 1000'+from any homes to the
SW across the freeway, so that the potential negative impacts such as noise,
vibration, glare, dust, etc. are anticipated to be minimal as compared to most
other locations within the Wayzata Boulevard corridor. The proposed
location of the temporary use does not conflict with the future single-family
residential use of the property.
(7) Consistent with the character of the surrounding area, unless a change of
character is called for in the community management plan. The proposed
temporary use is bordered on the south, west and north by arterial roadways.
The property to the east contains an apple orchard farming operation,
separated from applicant's temporary use by a large wettand. While the
temporary use is not consistent with the character of the surrounding area,
its temporary nature is not anticipated to have any long-term effects on the
character of the area once the temporary use ceases.
(8) Compatible with the character of buildings and site improvements in the
surrounding area, unless a change of character is called for in the community
management plan. The temporary use will not havepermanent structures. The
potential permanent change which might impact the character of the
neighborhood would be construction of a berm along the southwesterly
portion of the site, which would act as a visual barrier to views into the site
from US Hwy 12, while providing a sound barrier as a benefit for future
residential development of the site.
Page 4 of 9
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO.
(9) Not expected to substantially impair the use and enjoyment of the property
in the area or have a materially adverse impact on the property values in the
area when compared to the impairment or impact of generally permitted uses.
Neighboring property owners have expressed concerns regarding the
potential for air, water and noise pollution associated with the construction
staging and materials storage and recycling temporary uses. However, these
concerns will be mitigated by use of state of the art grinding equipment with
pollution controls, by the use of erosion management techniques subject to
permit approval by the Minnehaha Creek Watershed District, and by virtue
of the remote location of the operationsfrom adjacent properties.
(10) Provided with screening and buffering adequate to mitigate undesirable
views and activities likely to disturb surrounding uses. The location of the
proposed temporary use is such thatfew if any neighboring homes will be
subject to undesirable views or views of the activity associated with the use.
Therefore, no screening or buffering will be required.
(11) Not create a nuisance which generates smoke, noise, glare, vibration,
odors, fumes, dust, electrical interference, general unsightliness, or other
means. The temporary useproposed is likely to generate a variety of localized
impacts in terms of noise, glare, vibration, odors, fumes, dust, and general
unsightliness. These impacts are anticipated to be minimized and mitigated
by the remote location of the proposed activity in relation to inhabited
neighboring residentialproperties.
(12) Not cause excessive non-residential traffic on residential streets, parking
needs that cause a demonstrable inconvenience to adjoining properties, traffic
congestion, or unsafe access. The only access to the temporary use will be
from a single entrance to County Road 11Z Hennepin County has issued a
permitfor that accessfor the temporary use. There are no local streets which
would be impacted by traffic from the temporary use, and no local streets
would experience parking impacts as a result of the use. Truck traffic
associated with the temporary use is anticipated to be almost entirely on
Wayzata Boulevard which is a Hennepin County arterial road.
(13) Designed to take into account the natural, scenic, and historic features of
the area and to minimize environmental impact. Based on the location and on
the existing natural, scenic and historic features present, the temporary
nature of the use suggests that no permanent negative impacts are
anticipated. Potential long-term environmental impacts relative to the
proposed use are anticipated to be minimal if any. Short term effects such as
noise, vibration, glare and odor are expected to be relatively minor and due
Page 5 of 9
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO.
to the remote location should have minimal impact on neighboring uses. The
materials storage and recycling operation will be subject to MCWD and
APDES permits to manage runoff. The use of state-of-the-art materials
grinding and crushing equipment to minimize dust, noise etc. has been
proposed by the applicant. The potential impacts of PAH emissions to the air
or water as suggested by a neighboring property owner are beyond the scope
of City regulations. Such impacts, if any, are expected to be under thepurview
of MPCA regulatory authority.
(14) All exterior lighting shall be so directed so as not to cast glare toward or
onto the public right-of-way or neighboring residential uses or districts. This
will be included in the IUP as a condition of approval.
(15) Not detrimental to the public health, public safety, or general welfare.
Potential detrimental impacts to the public health, safety and welfare by the
temporary use of the property as proposed are not anticipated.
15. The City Council has considered this application including the findings and
recommendation of the Planning Commission, reports by City staff, comments by
the Applicants and the public, and the effect of the proposed interim use permit on
the health, safety and welfare of the community.
16. The City Council finds that the Applicants' request would be in keeping with the
spirit and intent of the Zoning Code and Comprehensive Plan of the City.
CONCLUSIONS, ORDER AND CONDITIONS
Based upon one or more of the above findings, the Orono City Council hereby grants an
Interim Use Permit pursuant to Orono Municipal Zoning Code Sections 78-421 to allow the
operation of a temporary facility for construction staging, materials and equipment storage, and
materials recycling use on the Property, subject to the following conditions:
1. This 1UP is for temporary use of the Property in accordance with the site layout submitted
by the applicant, attached hereto as Exhibit B. The processing equipment must be located
so as to minimize its effect on surrounding property owners.
2. Use of the site shall be limited solely to activities related to the Wayzata Boulevard
improvement project and may not be used to support other road construction or similar
projects outside the corporate limits of the City of Orono or the City of Long Lake. The
processing equipment may only be on the property for the duration of the project.
3. Use of the site shall be subject to Orono Code standards with regard to noise, lighting, dust
control, street maintenance, etc. Hours of operation to be limited as follows:
Page 6 of 9
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO.
M -F: Normal construction hours, 7:00 a.m. to 8:00 p.m.
Saturday: 8:00 a.m. to Noon only, and limited to low-volume in -out activity, no heavy
hauling
Sunday: No activity whatsoever on Sundays
5. Applicant shall obtain all appropriate required permits from Hennepin County, Minnehaha
Creek Watershed District, MPCA, and any other agencies or governing authorities as may
be required for activities on the site. Operation of the use shall meet MPCA guidelines re:
Polycyclic Aromatic Hydrocarbons (PAHs) and provide dust control from construction
and recycling activities. All Federal, State, County and City air, water and noise quality
standards must be met.
6. Construction of a proposed permanent screening berm along the south and southwesterly
boundaries of the site shall not commence until the Applicant has obtained conditional
use permit approval from the City of Orono.
7. All exterior lighting associated with the operation shall be so directed so as not to cast
glare toward or onto the public right-of-way or neighboring residential uses or districts.
8. This site shall not be used for materials recycling/crushing/grinding operation when other
sites within the City of Orono are in use for the same activity.
9. An ongoing 6 -month review of the interim use permit shall be conducted to determine
whether the use remains acceptable during the duration of the Wayzata Boulevard
improvement project.
10. By accepting this Interim Use Permit, the Applicant agrees:
a. to allow the City all reasonable access to the site to perform inspections as the City
deems necessary to ensure compliance with the conditions herein;
b. to reimburse the City for any costs incurred as a result of enforcing the IUP following
violation of any condition of the permit;
c. to hold the City harmless for all claims or causes of action that may result from the
granting of the IUP.
d. to indemnify the City for all costs, damages or expenses, including but not limited to
attorneys' fees that the City may pay or incur in consequence of such claims.
11. Restoration. The site shall be restored no later than one (1) year after the road project has
been complete. Restoration shall include regrading as necessary to restore pre-existing
drainage and runoff patterns, and revegetation of the site with suitable ground cover
materials. Applicant shall post restoration security with the City in the amount of $10,000
to ensure restoration occurs.
Page 7 of 9
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO.
12. Termination. This Interim Use Permit will terminate on the occurrence of any of the
following events, whichever occurs first:
a. Completion of the Wayzata Boulevard improvements (Phases 1, 11 and III) or three
years from the date of this Resolution, whichever occurs first.
b. Upon violation of conditions under which this permit was issued. If any conditions
of this 11UP are violated, the City Council may revoke it on fourteen (14) days' notice
to the Applicant, who may request a hearing before the Council with seven (7) days
of the City mailing notice to the Applicant. If the Applicant fails to request a hearing
within said seven days, his right to a hearing is waived. The City Council may revoke
this 1UP if the property is found to be in violation of the conditions listed in this
interim use permit.
c. Upon a change in the zoning regulations, which renders the interim use
nonconforming.
d. Upon redevelopment of the Property for residential use.
e. Upon 30 days' notice to the applicant and after a public hearing the City may revoke
the permit without any cause or violation demonstrated.
13. Authorities granted by this resolution run with the applicant and are not transferable
except by written permission of the City Council,
14. The undersigned Applicant has read, understands and hereby agrees to the terms of this
resolution, and hereby agree to the recording of this resolution in the chain of title of the
Property.
Adopted by the Orono City Council on the day of 52017.
ATTEST:
Anna Carlson, City Clerk Dennis Walsh, Mayor
Applicant
Page 8 of 9
STATE OF MINNESOTA )
)ss.
COUNTY OF HENNEPIN )
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO.
The foregoing instrument was acknowledged before me this
2017, by
the
day of
of
LAKEVVEST, LLC, a Minnesota Limited Liability Company, on behalf the Company.
Notary Public
Page 9 of 9
Council
Exhibit C
NOTICE OF CITY COUNCIL ACTION 17-3910
CITY OF ORONO
2750 Kelley Parkway ZONING FILE: 17-3910
PO Box 66
Crystal Bay, MN 55323
952.249.4620 DATEOFNOTICE: May24,2017
TO: Curt Fretham
Lake West Development, LLC
14525 Highway 7, Suite 265
Minnetonka, MN 55345
curtf@lwestdev.com
COPIES: danaC@Iwestdev.com
TYPE OF REQUEST: Interim Use Permit for Construction Staging, Materials Storage & Recycling
DATE OF MEETING: May 22, 2017
The Orono City Council voted 4-0 on a motion to table review of the IUP for 3245 Wayzata Boulevard. The
primary reason for tabling was to allow for input from Councilmember Seals who was absent from the
meeting, as there was not a strong consensus for a final action.
VOTE (Table): 4 FOR 0 AGAINST
Applicant's next meeting is scheduled as: Monday, June 12, 2017
This is a City Council meeting. The meeting begins at 7:00 PM
if you desire certified copies of the official Council minutes, they are available from the City Clerk after
review and approval by the Council. if you have questions, please contact Mike Gaffron at
mga
I]Lo or 952.249.4622; after May 31, contact Jeremy Barnhart at 952-249-4626.
NOTIC OF CITY COUNCIL ACTION
CITY OF ORONO
2750 Kelley Parkway
PO Box 66
Crystal Bay MN 55323
952.249.4620
TO; Curt Fretham
Lake West Development, LLC
14525 Highway 7, Suite 265
Minnetonka, MN 5S34S
curtf@lwestdev.com
ZONING FILE: 17-3911
DATE OF NOTICE: May 11, 2017
COPIES: dana@lwestdev.com
TYPE OF REQUEST: Zoning Text Amendments to allow Interim Uses
DATE OF MEETING: May 8, 2017
The Orono City Council voted 4-1 on a motion to approve the text amendments to add Interim Uses as an
element of the zoning code, as drafted; and to incorporate "Temporary facilities for construction staging,
materials and equipment storage, and materials recycling..." as an allowed Interim Use within the RR -1
zoning district, with minor revisions to the draft text. A copy of the final version of each Ordinance is
attached.
VOTE: 4 FOR 1 AGAINST
If you desire certified copies of the official City Council minutes, they are available from the City Clerk after
review and approval by the Council. if you have questions, please contact Mike Gaffron at
mqaffron@ci.orono.mn.us or952.249.4622.
MINUTES OF THE Council
ORONO CITY COUNCIL MEETING Exhibit C
Monday, May 22, 2017 17-3910
7:00 o'clock p.m.
15. #17-3910 LAKEWEST DEVELOPMENT, LLC, 3245 WAYZATA BOULEVARD
INTERIM USE PERMIT: TEMPORARY USE FOR CONSTRUCTION STAGING,
RESOLUTION NO.
Gaffron reviewed his Staff memorandum dated May 22, 2017.
Mayor Walsh asked if anyone from the public would like to comment on this item.
Alan Engleman, 315 North Crystal Bay North, thanked the City Council for what they did at the state
property. Engleman asked whether concrete crushing would be allowed on the site and what construction
staging would consist of.
Walsh stated the Council will be discussing that this evening.
Engleman stated in his view the City should not allow crushing.
Walsh asked how Mr. Engleman feels about storage.
Engleman stated he is fine with that as long as it is not a big pile of asphalt and then decide next year to
ask permission to construct it. Engleman indicated he is fine with the storing of pipe and equipment
repairs.
Walsh asked if he is okay with piles of black dirt, concrete or blacktop.
Engleman stated he is doubtful it will be removed and that anything that will be crushed should not be
allowed on the site since the contractor will not want to double handle the material and will likely ask for
permission at a later time to crush it. Engleman indicated he is fine with black dirt being stored on the
site.
Curt Fretham, Lakewest Development, stated it comes down to a construction project where there is
asphalt, concrete and recycling of road materials. The contractor has moved the activity downtown
forcing the contractor to do it onsite, which causes disturbance to the local businesses. Fretham stated the
City has a choice to move it to a site where it will be less of a distraction but there will be some noise and
dust generated.
Fretham noted he did speak with Eureka this morning and that they are interested in setting up at this
location and moving it out of the downtown area. Eureka has crushed 10,000 tons approximately so far
and has approximately 30,000 more tons to go this year as well as 30,000 tons each year for the next two
years. Eureka has indicated they would like to do it at this location. If this site is not approved for the
crushing operation, it is doubtful Hennepin County will stop it from happening onsite.
Fretham indicated he also talked with Rick Lupient, who lives across the street from this site, and he has
written a letter in support of the concrete crushing and storage on this site.
Fretham stated based on his conversation with Eureka, he is comfortable they can support the activity
without bringing materials in from other sites. Fretham. stated sneaking materials into the site would be
obvious since it will need to be hauled in with large dump trucks and 18 -wheelers.
Page 1 of 4
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, May 22, 2017
7:00 o'clock p.m.
Engleman noted this job was let the 10' of January and by the 13' of February, Eureka had obtained a
permit from the state. Engleman stated Lakewest Development applied after that date and that Eureka did
not bid this job based on using this site.
Fretham stated Eureka bid the job based on onsite crushing.
Walsh stated it comes down to a philosophical discussion about what the City wants to see happen on the
property and that the City needs to take into consideration the nearby residents.
Crosby asked where the crushing would occur if it is not allowed on this site.
Walsh indicated it would be in the middle of the road somewhere since the road and the right-of-way is
owned by Hennepin County.
Crosby stated this site would be the least intrusive to the businesses and makes the most sense.
Dankey stated moving the crushing operation to this site will limit the disruption to the downtown
businesses and their customers.
Printup commented he does not agree with the crushing and that he would like to hear more on the
staging of the concrete and asphalt. Printup stated in his view there is more to come after the storage,
which could lead to the crushing. Printup noted the City does not need to allow it and that it is currently
happening in Long Lake.
Walsh noted the crushing activity will move to different areas as the road project progresses.
Crosby stated Orono also needs to be good neighbors to Long Lake and that he is concerned about the
disruption to the local businesses.
Walsh stated portions of the road will be closed in sections all the time and that he is leaning towards not
allowing it on this site. Walsh questioned what could happen if the crushing activity is moved to this site
and all the apples get dust on them. Walsh stated that could destroy an apple orchard that has been there
for 50 years.
Dankey asked what the Dumas family did during the construction of the road that was right next to them.
Dankey noted the residential development also abuts right up to the apple orchard.
Walsh stated the City cannot control Hennepin County and that there were likely complaints made to
them during the project.
Engleman commented it was not a problem when they were putting in the road.
Walsh stated the issue is the crushing and the resulting dust and debris.
Crosby noted the City can impose a time frame on the crushing activity and only allow it towards the end
of the project.
Page 2 of 4
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, May 22, 2017
7:00 o'clock p.m.
Walsh stated the City can impose any conditions they deem appropriate and that he does not mind the
storage of pipe, machinery and black dirt. Walsh stated if it was not for the apple orchard, he would not
have an issue with it, but the apple orchard is the Dumas' livelihood.
Crosby asked how big a crusher is.
Gaffron stated the whole crushing operation is at least a football field long and that the crusher would
probably fit in half of the Council chambers. Gaffron stated he stood out in ftont of Otten Brothers while
they were operating and it was not that dusty, which is likely related to the equipment they were using.
Walsh stated if it is a windy day, there likely will be dust blowing all over the place.
Engleman commented the dust was blowing on the cars and that Eureka had to put up tarps to prevent it
ftom blowing over onto the John Deere property.
Dankey and Crosby both agreed that that is more reason to get it off the road where it has the least impact
on everybody.
Printup asked if there is another larger area in Orono that is further remote. Printup asked whether the
contractor could use Baker Park Preserve, which is located in Hennepin County and further removed from
everybody.
Walsh commented Hennepin County does not want contamination at the park.
Dankey stated there are also a number of homes near the park.
Printup stated he does not want it to be Orono's problem and that there are other solutions that could be
explored.
Dankey noted it will be in front of everyone at some point as well as near the school and the soccer fields
if it continues down Highway 12.
Gaffron noted Baker Park is owned by Three Rivers Park District and that it is unlikely they would allow
it on their site. Gaffron stated to his knowledge there is not another site close by in Orono except the site
where the Public Works Department recycles some material. Gaffron stated if it is moved to that site, the
residents in that area would likely complain. Gaffron indicated there might be large pieces of property in
Medina.
Crosby asked how close this property is to the apple orchard.
Gaffron indicated it is probably 5 00 to 700 feet to the nearest house and a 1000 feet from the orchard
compared to 50 feet in front of Otten Brothers.
Dankey noted the trees between the housing development project and the Dumas Orchard are getting all
the dust and everything from that project. Dankey stated she has more concerns with the dust from that
development impacting the apple orchard than from this site.
The City Council reviewed an aerial map of the area. Gaffron pointed out the residences near this site.
Page 3 of 4
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, May 22, 2017
7:00 o'clock p.m.
Dankey stated in her view the property is not that close to other homes.
Printup stated it is Hennepin County's project and that it can stay on their road. Printup commented it
does not need to be in Orono.
Crosby noted it will be in Orono sooner or later and that the City can place different restrictions on the
activity if it is on this site.
Printup moved to allow construction staging of nonconcrete or asphalt based material, such as dirt
and sand, and staging and storage of construction equipment. The motion was not seconded.
Dankey asked whether it would be worth it to Mr. Fretham if that was the extent of it.
Fretham pointed out all those things are secondary to the recycling, which is the main issue that they are
looking to solve. Fretharn stated the contractor is okay with doing it downtown, but the choice is whether
the City wants it downtown or whether they want to control the activity. Fretham stated he appreciates
the willingness to allow those items since it seems to be a move toward a compromise, but that the
recycling activity is the driver behind the request.
Walsh suggested this item be tabled until the next Council meeting since it appears to be a tied vote at this
point and that there is one council member absent this evening.
Dankey commented doing the concrete crushing along the road is also time consuming and delays the
project.
Walsh stated there are a lot of unintended consequences that could happen with either option and that
there is no easy solution.
Printup moved, Crosby seconded, to table Application No. 17-3910 Lakewest Development, LLC,
3245 Wayzata Boulevard, Interim Use Permit, to the June 12, 2017, City Council meeting.
VOTE: Ayes 4, Nays 0.
Page 4 of 4
Council information
Item 20
June 12, 2017
M E M 0 to the City of Orono
June 9, 2017
This memo is from residents, business owners and concerned citizens of Orono and
Long Lake.
We are distressed about the concrete and asphalt recycling that is going on right down
the middle of the main street. This mess is literally on the threshold of our businesses.
We understand that Lake West Development has an alternate site for concrete and
asphalt recycling and equipment and material storage just a short distance down the
road in a vacant lot that is isolated from businesses and residents.
We urge you to move this disruptive activity away from our front doors. We ask that
you support Lake West's application for the Interim Use Permit and move this recycling
operation out of downtown.
Respectfully,
Concerned citizens of Orono and Long Lake
(Signees follow)
Concrete and Asphalt Recycling at 3245 Wayzata Blvd (1/4 to 1/2 mile
West of the Dumas apple farm).
A representative from Lake West Development shared with me their plans to set up
a 1 to 3 year temporary concrete and asphalt recycling area at 3245 Wayzata Blvd
- to move the concrete and asphalt recycling activities out of downtown.
Signature
Address
I support these recycling plans and hope the city council will also
support these plans.
I have no objections to these plans.
I am not in favor of these plans and I would prefer the contractor
would discontinue their recycling activities in town.
Optional Phone number 7 5,;,- - �17 3 - 7-Z
Optional email address 04, C -C—
Concrete and Asphalt Recycling at 3245 Wayzata Blvd (1/4to Y2 mile
West of the Dumas apple farm).
A representative from Lake West Development shared with me their plans to set up
a 1 to 3 year temporary concrete and asphalt recycling area at 3245 Wayzata Blvd
- to move the concrete and asphalt recycling activities out of downtown.
I support these recycling plans and hope the city council will also
support these plans.
I have no objections to these plans.
I am not in favor of these plans and I would prefer the contractor
would discontinue their recycling activities in town.
Signature
Address
Optional Phone number "'Psi, P-)-� -13 <1 TS )
Optional email address
Concrete and Asphalt Recycling at 3245 Wayzata Blvd (1/4 to 1/2 mile
West of the Dumas apple farm).
A representative from Lake West Development shared with me their plans to set up
a I to 3 year temporary concrete and asphalt recycling area at 3245 Wayzata Blvd
- to move the concrete and asphalt recycling activities out of downtown.
I support these recycling plans and hope the city council will also
support these plans.
I have no objections to these plans.
I am not in favor of these plans and I would prefer the contractor
would discontinue their recycling activities in town.
Address
Optional Phone number
Optional email address
Concrete and Asphalt Recycling at 3245 Wayzata Blvd (1/4 to Y2 mile
West of the Dumas apple farm).
A representative from Lake West Development shared with me their plans to set up
a 1 to 3 year temporary concrete and asphalt recycling area at 3245 Wayzata Blvd
- to move the concrete and asphalt recycling activities out of downtown.
Signature
Address
support these recycling plans and hope the city council will also
support these plans.
I have no objections to these plans.
I am not in favor of these plans and I would prefer the contractor
would discontinue their recycling activities in town.
2�t- 6WV"�
Optional Phone number q �- -L — A723 - �� -J'3
Optional email address
Concrete and Asphalt Recycling at 3245 Wayzata Blvd (1/4 to 1/2 mile
West of the Dumas apple farm).
A representative from Lake West Development shared with me their plans to set up
a 1 to 3 year temporary concrete and asphalt recycling area at 3245 Wayzata Blvd
- to move the concrete and asphalt recycling activities out of downtown.
V/ I support these recycling plans and hope the city council will also
support these plans.
I have no objections to these plans.
I am not in favor of these plans and I would prefer the contractor
would discontinue their recycling activities in town.
0
Signature
Address
Optional Phone number - 4 -7,� - 1
Optional email address /OPI�Jt)ee
(J
0
Concrete and Asphalt Recycling at 324S Wayzata Blvd (Y4 to Y2 mile
West of the Dumas apple farm).
A representative from Lake West Development shared with me their plans to set up
a 1 to 3 year temporary concrete and asphalt recycling area at 3245 Wayzata Blvd
- to move the concrete and asphalt recycling activities out of downtown.
I support these recycling plans and hope the city council will also
support these plans.
I have no objections to these plans.
I am not in favor of these plans and I would prefer the contractor
would discontinue their recycling activities in town.
M7
Signature
Address
Optional Phone number
Optional email address
r
6's C�) - wq -� -
�0 (J 6
VJ
Concrete and Asphalt Recycling at 3245 Wayzata Blvd (Y4 to V2 mile
West of the Dumas apple farm).
A representative from Lake West Development shared with me their plans to set up
a 1 to 3 year temporary concrete and asphalt recycling area at 3245 Wayzata Blvd
- to move the concrete and asphalt recycling activities out of downtown.
Signature
Address
I support these recycling plans and hope the city council will also
support these plans.
I have no objections to these plans.
I am not in favor of these plans and I would prefer the contractor
would discontinue their recycling activities in town.
Optional Phone number
Optional email address
Concrete and Asphalt Recycling at 3245 Wayzata Blvd (1/4 to 1/2 mile
West of the Dumas apple farm).
A representative from Lake West Development shared with me their plans to set up
a 1 to 3 year temporary concrete and asphalt recycling area at 3245 Wayzata Blvd
- to move the concrete and asphalt recycling activities out of downtown.
I support these recycling plans and hope the city council will also
support these plans.
I have no objections to these plans.
I am not in favor of these plans and I would prefer the contractor
would discontinue their recycling activities in town.
F.ITO ri M=1
Optional Phone number
Optional email address
t,)&, �c, 2 1 vd
Concrete and Asphalt Recycling at 3245 Wayzata Blvd (1/4to Y2mile
West of the Dumas apple farm).
A representative from Lake West Development shared with me their plans to set up
a 1 to 3 year temporary concrete and asphalt recycling area at 3245 Wayzata Blvd
- to move the concrete and asphalt recycling activities out of downtown.
Ze I support these recycling plans and hope the city council will also
support these plans.
Signature
Address
I have no objections to these plans.
I am not in favor of these plans and I would prefer the contractor
would discontinue their recycling activities in town.
Al- A,�e �o Z.,�-,4 z5Z,�,�
'j�,r
Optional Phone number ��o2
Optional email address
Concrete and Asphalt Recycling at 3245 Wayzata Blvd (V4 to Y2 mile
West of the Dumas apple farm).
A representative from Lake West Development shared with me their plans to set up
a 1 to 3 year temporary concrete and asphalt recycling area at 3245 Wayzata Blvd
- to move the concrete and asphalt recycling activities out of downtown.
Signature
I support these recycling plans and hope the city council will also
support these plans.
I have no objections to these plans.
I am not in favor of these plans and I would prefer the contractor
would discontinue their recycling activities in town.
Address 9
Optional Phone number
Optional email address
ON
Concrete and Asphalt Recycling at 3245 Wayzata Blvd (1/4 to 1/2 mile
West of the Dumas apple farm).
A representative from Lake West Development shared with me their plans to set up
a 1 to 3 year temporary concrete and asphalt recycling area at 3245 Wayzata Blvd
- to move the concrete and asphalt recycling activities out of downtown.
I support these recycling plans and hope the city council will also
support these plans.
I have no objections to these plans.
I am not in favor of these plans and I would prefer the contractor
would discontinue their recycling activities in town.
Signature
Address
Optional Phone number
Optional email address
Concrete and Asphalt Recycling at 3245 Wayzata Blvd (1/4 to 1/2 mile
West of the Dumas apple farm).
A representative from Lake West Development shared with me their plans to set up
a 1 to 3 year temporary concrete and asphalt recycling area at 3245 Wayzata Blvd
- to move the concrete and asphalt recycling activities out of downtown.
Signature
Address
I support these recycling plans and hope the city council will also
support these plans.
I have no objections to these plans.
I am not in favor of these plans and I would prefer the contractor
would discontinue their recycling activities in town.
MU
t
Optional Phone number 57—
Optional email address
Concrete and Asphalt Recycling at 3245 Wayzata Blvd (1/4 to 1/2 mile
West of the Dumas apple farm).
A representative from Lake West Development shared with me their plans to set up
a 1 to 3 year temporary concrete and asphalt recycling area at 3245 Wayzata Blvd
- to move the concrete and asphalt recycling activities out of downtown.
Signature
Address
I support these recycling plans and hope the city council will also
support these plans.
I have no objections to these plans.
I am not in favor of these plans and I would prefer the contractor
would discontinue their recycling activities in town.
Optional Phone number
Optional email address
Concrete and Asphalt Recycling at 3245 Wayzata Blvd (1/4 to Y2 mile
West of the Dumas apple farm).
A representative from Lake West Development shared with me their plans to set up
a 1 to 3 year temporary concrete and asphalt recycling area at 3245 Wayzata Blvd
- to move the concrete and asphalt recycling activities out of downtown.
Signature
Address
I support these recycling plans and hope the city council will also
support these plans.
I have no objections to these plans.
I am not in favor of these plans and I would prefer the contractor
would discontinue their recycling activities in town.
Z -0 -
Optional Phone number (e ( a- 7o F - �-o o C
Optional email address
Concrete and Asphalt Recycling at 3245 Wayzata Blvd (1/4to Y2 mile
West of the Dumas apple farm).
A representative ff om Lake West Development shared with me their plans to set up
a 1 to 3 year temporary concrete and asphalt recycling area at 3245 Wayzata Blvd
- to move the concrete and asphalt recycling activities out of downtown.
I support these recycling plans and hope the city council will also
support these plans.
I have no objections to these plans.
I am not in favor of these plans and I would prefer the contractor
would discontinue their recycling activities in town.
Signature
Address
Optional Phone number —? v3 - �, q - 5q � � cil—
Optional email address qexv 06k Lo, qana��
Concrete and Asphalt Recycling at 3245 Wayzata Blvd (1/4 to 1/2 mile
West of the Dumas apple farm).
A representative from Lake West Development shared with me their plans to set up
a I to 3 year temporary concrete and asphalt recycling area at 3245 Wayzata Blvd
- to move the concrete and asphalt recycling activities out of downtown.
I support these recycling plans and hope the city council will also
support these plans.
I have no objections to these plans.
I am not in favor of these plans and I would prefer the contractor
would discontinue their recycling activities in town.
Signature
Address
Optional Phone number
Optional email address
Concrete and Asphalt Recycling at 3245 Wayzata Blvd (1/4 to 1/2 mile
West of the Dumas apple farm).
A representative from Lake West Development shared with me their plans to set up
a 1 to 3 year temporary concrete and asphalt recycling area at 3245 Wayzata Blvd
- to move the concrete and asphalt recycling activities out of downtown.
>� I support these recycling plans and hope the city council will also
Z, support these plans.
Signature
Address
I have no objections to these plans.
I am not in favor of these plans and I would prefer the contractor
would discontinue their recycling activities in town.
Optional Phone number
Optional email address
fll- op AJG
Concrete and Asphalt Recycling at 3245 Wayzata Blvd (1/4 to 1/2mile
West of the Dumas apple farm).
A representative from Lake West Development shared with me their plans to set up
a 1 to 3 year temporary concrete and asphalt recycling area at 3245 Wayzata Blvd
- to move the concrete and asphalt recycling activities out of downtown.
support these recycling plans and hope the city council will also
support these plans.
I have no objections to these plans.
I am not in favor of these plans and I would prefer the contractor
would discontinue their recycling activities in town.
Signature
Address C—,%� wtwu -M k:� � :IR— I
Optional Phone number
Optional email address
Concrete and Asphalt Recycling at 3245 Wayzata Blvd (1/4 to 1/2 mile
West of the Dumas apple farm).
A representative from Lake West Development shared with me their plans to set up
a 1 to 3 year temporary concrete and asphalt recycling area at 3245 Wayzata Blvd
- to move the concrete and asphalt recycling activities out of downtown.
I support these recycling plans and hope the city council will also
support these plans.
I have no objections to these plans.
I am not in favor of these plans and I would prefer the contractor
would discontinue their recycling activities in town.
Signature
Address
Optional Phone number
Optional email address
Concrete and Asphalt Recycling at 3245 Wayzata Blvd (1/4 to 1/2 mile
West of the Dumas apple farm).
A representative from Lake West Development shared with me their plans to set up
a 1 to 3 year temporary concrete and asphalt recycling area at 3245 Wayzata Blvd
- to move the concrete and asphalt recycling activities out of downtown.
Signature
Address
I support these recycling plans and hope the city council will also
support these plans.
I have no objections to these plans.
I am not in favor of these plans and I would prefer the contractor
would discontinue their recycling activities in town.
Optional Phone number
Optional email address
Concrete and Asphalt Recycling at 3245 Wayzata Blvd (1/4 to 1/2 mile
West of the Dumas apple farm).
A representative from Lake West Development shared with me their plans to set up
a 1 to 3 year temporary concrete and asphalt recycling area at 3245 Wayzata Blvd
- to move the concrete and asphalt recycling activities out of downtown.
I support these recycling plans and hope the city council will also
support these plans.
I have no objections to these plans.
I am not in favor of these plans and I would prefer the contractor
would discontinue their recycling activities in town.
Signature
Address 'I qC6
Optional Phone number
Optional email address A&yA�
Concrete and Asphalt Recycling at 3245 Wayzata Blvd (1/4 to Y2 mile
West of the Dumas apple farm).
A representative from Lake West Development shared with me their plans to set up
a 1 to 3 year temporary concrete and asphalt recycling area at 3245 Wayzata Blvd
- to move the concrete and asphalt recycling activities out of downtown.
Signature
Address
I support these recycling plans and hope the city council will also
support these plans.
I have no objections to these plans.
I am not in favor of these plans and I would prefer the contractor
would discontinue their recycling activities in town.
Optional Phone number
Optional email address
Concrete and Asphalt Recycling at 3245 Wayzata Blvd (1/4 to 1/2 mile
West of the Dumas apple farm).
A representative from Lake West Development shared with me their plans to set up
a 1 to 3 year temporary concrete and asphalt recycling area at 3245 Wayzata Blvd
- to move the concrete and asphalt recycling activities out of downtown.
Z ;Z
Signature
Address
I support these recycling plans and hope the city council will also
support these plans.
I have no objections to these plans.
I am not in favor of these plans and I would prefer the contractor
would discontinue their recycling activities in town.
Optional Phone number I �? �- --�, L� C� - 60
Optional email address CAArin c,-. rn 1 k4,-9 haPm&I-Y�.. (,00?
Concrete and Asphalt Recycling at 3245 Wayzata Blvd (1/4 to 1/2 mile
West of the Dumas apple farm).
A representative from Lake West Development shared with me their plans to set up
a 1 to 3 year temporary concrete and asphalt recycling area at 3245 Wayzata Blvd
- to move the concy6te and asphalt recycling activities out of downtown.
Signature
Address
I support these recycling plans and hope the city council will also
support these plans.
I have no objections to these plans.
I am not in favor of these plans and I would prefer the contractor
would discontinue their recycling activities in town.
�M
Optional Phone number
A
Optional email address VMJ N QZV-A
C�-%-AA C,
Concrete and Asphalt Recycling at 3245 Wayzata Blvd (1/4 to 1/2 mile
West of the Dumas apple farm).
A representative from Lake West Development shared with me their plans to set up
a 1 to 3 year temporary concrete and asphalt recycling area at 3245 Wayzata Blvd
- to move the concrete and asphalt recycling activities out of downtown.
Signature
Address
I support these recycling plans and hope the city council will also
support these plans.
I have no objections to these plans.
I am not in favor of these plans and I would prefer the contractor
would discontinue their recycling activities in town.
Optional Phone number
Optional email address
Concrete and Asphalt Recycling at 3 245 Wayzata Blvd (1/4 to 1/2mile
West of the Dumas apple farm).
A representative from Lake West Development shared with me their plans to set up
a 1 to 3 year temporary concrete and asphalt recycling area at 3245 Wayzata Blvd
- to move the concrete and asphalt recycling activities out of downtown.
Signature
Address
I support these recycling plans and hope the city council will also
support these plans.
I have no objections to these plans.
I am not in favor of these plans and I would prefer the contractor
would discontinue their recycling activities in town.
1474 1-3 L 0 b L,/ - UJ C, b * L
Optional Phone number
Optional email address C.A
Concrete and Asphalt Recycling at 3245 Wayzata Blvd (1/4 t o 1/2mile
West of the Dumas apple farm).
A representative from Lake West Development shared with me their plans to set up
a 1 to 3 year temporary concrete and asphalt recycling area at 3245 Wayzata Blvd
- to move the concrete and asphalt recycling activities out of downtown.
Signature
Address
I support these recycling plans and hope the city council will also
support these plans.
I have no objections to these plans.
I am not in favor of these plans and I would prefer the contractor
would discontinue their recycling activities in town,
Optional Phone number
g �qo tAji W
612--39,1- 3e)q-7
Optional email address Mtge 'S�eVL'-IC-PCPBU1'0 C.','
JPAfOS7""'CO, C6
Concrete and Asphalt Recycling at 3245 Wayzata Blvd (1/4 to 1/2 mile
West of the Dumas apple farm).
A representative from Lake West Development shared with me their plans to set up
a 1 to 3 year temporary concrete and asphalt recycling area at 3245 Wayzata Blvd
- to move the concrete and asphalt recycling activities out of downtown.
I support these recycling plans and hope the city council will also
support these plans.
I have no objections to these plans.
I am not in favor of these plans and I would prefer the contractor
would discontinue their recycling activities in town.
Optional Phone number
Optional email address L'Z�Ja
Concrete and Asphalt Recycling at 324S Wayzata Blvd (1/4 to 1/2 mile
West of the Dumas apple farm).
A representative from Lake West Development shared with me their plans to set up
a 1 to 3 year temporary concrete and asphalt recycling area at 3245 Wayzata Blvd
- to move the concrete and asphalt recycling activities out of downtown.
I support these recycling plans and hope the city council will also
support these plans.
I have no objections to these plans.
I am not in favor of these plans and I would prefer the contractor
would discontinue their recycling activities in town.
Signature
Address
/"4e t,,v
Optional Phone number 6/,�- R;L--�-S-07,?
Optional email address
Concrete and Asphalt Recycling at 3245 Wayzata Blvd (1/4 to 1/2mile
West of the Dumas apple farm).
A representative from Lake West Development shared with me their plans to set up
a 1 to 3 year temporary concrete and asphalt recycling area at 324S Wayzata Blvd
- to move the concrete and asphalt recycling activities out of downtown.
I support these recycling plans and hope the city council will also
support these plans.
I have no objections to these plans.
I am not in favor of these plans and I would prefer the contractor
would discontinue their recycling activities in town.
Signature
Address ir-;p k�
Optional Phone number 6Z (d- d, --;,. 9 �
Optional email address ct I +'t- ((,o
Concrete and Asphalt Recycling at 3245 Wayzata Blvd (1/4 to 1/2 mile
West of the Dumas apple farm).
A representative from Lake West Development shared with me their plans to set up
a 1 to 3 year temporary concrete and asphalt recycling area at 324S Wayzata Blvd
- to move the concrete and asphalt recycling activities out of downtown.
410-10v I support these recycling plans and hope the city council will also
<7 support these plans.
Signature
I have no objections to these plans.
I am not in favor of these plans and I would prefer the contractor
would discontinue their recycling activities in town.
Address J&?
Optional Phone number
Optional email address
&/0 - 9 �OE-
v J,
SUMMARY of Signees
Company
Owner
Address
Number
Email
1) Long Lake Dental
Dr.Douglas McNaught
1070 Wayzata Blvd
2345 W. Wayzata Blvd
1310 West Wayzata Blvd
2315 W. Wayzata Blvd
2295 W. Wayzata Blvd
2350 Wayzata Blvd
2435 West Wayzata Blvd
1882 W. Wayzata Blvd
2073 Wayzata Blvd
2067 W. Wayzata Blvd
1865 Wayzata Blvd #110
1786 W. Wayzata Blvd - Suite B
1886 W. Wayzata Blvd
1830 W. Wayzata Blvd
455 Mill St.
743 Bridgewater Or
1865 W. Wayzata Blvd
1805 W.Wayzata Blvd, Suite 113
2725 West Wayzata Blvd
2380 W. Wayzata Blvd
1854 W. Wayzata Blvd
1935 W. Wayzata Blvd
1844 Wayzata Blvd
2190 W. Wayzata Blvd
2065 W. Wayzata Blvd
2605 W. Wayzata Blvd
2687 W. Wayzata Blvd
12687 W. Wayzata Blvd
952.473.7151
officealonglakedental. om
longlakei2mnequip.com
tgarlinggarnfam.com
liquorbarn@aol corn
nhaislmaier@yahoo.co
aman5l404@gmail.com
metroor@metrostorage.com
carrie.miller@harvestmoon.coop
longlakeveterinaryclinic@_gmai
mitch.petrie@gmail.com
ce800.corn
Jim@milowelectric.com
brian.boysen@morries.com
tN@altafalls.com
2) NAPA Auto Parts
Owner
952.473.5481
Janine L. Lund
3) Birches On the Lake
952.473.7373
4) MN Equipment
Molly
952.473.5634
5) 5.0.5 Appliance Repair
952.697.1060
6) Otten Brothers
Sue
952.473.5425
7) Sherwin-Williams
952.473.2379
8) American Family Insurance
Thomas Garlinghouse
952.473.1848_
9) Skingevity Face and B�dy Spa
952.476.2772
10) Liquor Barn
612.865.6834
11) 1 Nails & Spa
952.473.0400
12) Gear West Headquaters
Jan Guenther
952.473.0377
13) Gear West Ski
14) Gear West Bike and Triathlon
Jan Guenther
763.458.5834
15) Linda's Custom Embroidery
612.708.6008
16) One Stop Auto Service
Niel Giese
952.476.1406
414.852.9688
17) Pedalwild
Sandy
612.242.1461
18) Metro Storage
952.479.4804
19) Harvest Moon
Carrie Miller
952.345.3300
20) Long Lake Veterinary
Daniel Hartnett
21) Albers Jewelry
22) Hipp Carlson Law
Mitch Petrie
612.840.9541
23) Service 800
612.387.3747_
24) Milow Electric
James Milow
612.306.1936
25) Morries
Brian Boysen
612.222.5079
26) Geffre Interiors Inc.
612.599.6393
27) Geffre Interiors Inc.
Denny Geffre
June 11, 2017
Re: #17-3911, Lakewest, LLC 3245 Wayzata Blvd and Mr. Fretham's request for an Interim Use
Permit to allow a gravel crushing facility on his property (the old Eisinger property).
Dear Mike Gaffron and Orono City Council members,
The Dumas family has already submitted a letter with specific reasons why we are not in favor
of a gravel crushing facility at the old Eisinger property. As there seems to be different opinions
on this issue by the Orono Council members, we felt the need to send another letter prior to
your June 12 meeting.
I think everybody can agree on the fact that nobody really wants to have any gravel crushing
done near their home or property! Wouldn't it make more sense and be much more fair to
spread out this unwanted activity so that everybody along the way has to deal with it for only a
short time rather than making one family deal with it the entire time?
By leaving things the way they are operating now, everybody along the Hwy 12 corridor will
have to deal with the gravel crushing that is happening on site, but only for a very short time.
By granting an Interim Use Permit for gravel crushing at the old Eisinger property, you condemn
the Dumas family and the apple farm to 3-5 years of gravel crushing only a short distance away
with constant trucks back and forth along our apple farm and right next to our house.
Some of you may feel it's better to condemn one family for 3-5 years rather than lots of people
for a short period, but we would like each of you Orono Council members to consider this. If
there was a potential for gravel crushing and constant trucks going back and forth near your
house; would you prefer it happened for a very short period of time, or would you prefer it near
your house for 3-5 years! I think if it were near your house, you would find an easy answer to
that question.
If you allow gravel crushing at the Eisinger property, you also set a precedent and risk creating a
whole litany of other problems that were not there in the first place.
Keep in mind that this proposal is for a financial gain for Lakewest, LLC. We don't feel the
Dumas Apple House should be chastised for another company's financial gain.
Sincerely,
Marilyn (Dumas) Gabert
PO Box 323
Boulder Junction, WI 54512
mgabert@centurytel.net
,t Dr. Kaf I gerl.
/2' I'aa -V+f* 2i
Concrete and Asphalt Recycling at 3245 Wayzata Blvd (1/4 to v2mile
West of the Dumas apple farm).
A representative from Lake West Development shared with me their plans to set up
a 1 to 3 year temporary concrete and asphalt recycling area at 3245 Wayzata Blvd
- to move the concrete and asphalt recycling activities out of downtown.
Signature
I support these recycling plans and hope the city council will also
support these plans.
I have no objections to these plans.
'?J�Celv
,eo
"U/V 7 ? �01,7
Q1TY0r01?0N0
I am not in favor of these plans and I would prefer the contractor
would discontinue their recycling activities in town.
I -
Address ei-?Owvkk� 1 0
Optional Phone number C(e � -Z q L-;,
Optional email address AAZ-&Lt,�4,. 1 7(0
AGENDAITEM
Item No.: 22
Date: June 12, 2017
Item Description: #17-3939, John Bailey, 2807 Casco Point Road, Conditional Use
Permit
Presenter: Melanie Curtis Agenda Planning Department
Planner Section: Report
Purpose. To consider an application for a conditional use permit to repair a lake slope failure.
2. MN§15.99 Application Deadline. The application was received on April 19, 2017; and
considered as complete on May 13. The 60 -Day review period expires on July 2, 2017.
Background. The property owner is requesting a conditional use permit in order to repair and
restore slope failures which occurred in his lake yard in June/July of 2014. The property owner
has recently provided the City with a plan to restore his lakeshore slope. The project involves
removal of the disturbed soil; sawtooth cutting the subgrade; and installation of.- new compacted
soil, a yard drain, drainage pipe, Filtrexx living slope stabilization pods, and stabilizing
vegetation.
A conditional use permit is required to authorize the work on the property as the restoration work
as proposed will exceed 50 cubic yards of material within the 0-75' zone. The applicant is
proposing to remove approximately 300 cubic yards of compromised soil material and replace it
with approximately 500 cubic yards of angular soil to be compacted and restored as shown on the
plans.
The plans provided by the Applicant indicate that the proposed improvements include detailed
and complex solutions to deal with site drainage and slope stabilization; the scope of work
includes infrastructure along with grading and vegetation. Due to the sensitivity of the slope, staff
requested as required by Section 78-1283, additional supporting engineering for the mechanical
drainage system; the applicant has not provided this information.
4. Planning Commission Comment. On May 15, the Planning Commission held a public hearing
and reviewed the application. Following the public hearing the Commission voted on a motion to
recommend approval of the requested CUP conditioned upon submittal of a soil boring report
and/or the slope stability analysis, and an engineer's opinion or certification on the drainage
calculations used for the sizing of the drainage structures for the subsurface drainage system.
5. Public Comment. Mr. Frommelt, a neighbor, spoke at the Planning Commission meeting. No
additional comments from the public were received regarding this application.
6. Staff Recommendation. The applicant has provided the additional documentation requested by
the Planning Commission (Exhibit B). See the City Engineer's comments attached as Exhibit E.
Staff recommends approval of the grading plan as proposed; further staff continues to recommend
the drainage solutions be certified by a licensed professional engineer. Staff recommends
direction to draft a resolution for approval or denial, and if a waiver of additional information is
deemed appropriate findings to that effect.
COUNCIL ACTION REQUESTED
Council should direct staff to draft a resolution reflecting your decision to be adopted at the June 26'
meeting. Should Council direction differ from staff recommendation relating to the engineering please
provide findings supporting the decision.
Prepared By: YY1GG Reviewed By: J. Bamhart Approved By: NZ
AGENDAITEM
Exhibits
PC Exhibits of May 15, 2017:
Exhibit A.
Proposed Plans - Original
Exhibit B.
Updated Plan Information
Exhibit C.
Draft PC Minutes
Exhibit D.
PC Staff Report
Exhibit E.
City Engineer Comments
References
PC Exhibits of May 15, 2017:
A.
Application
B.
Existing Survey
C.
Proposed Plans
D.
Hardcover Calculations
E.
Plant List
F.
Site Photos
G.
Aerial Photos
H. Property Owners List
1. Plat Map
Prepared By: VY)GG Reviewed By: J. Barnhart Approved By: M,
I PC
-?a Exhibit B
195.9.72 .959.70 #17-3939
Certificate of Survey 0
: cont. .9,50
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and Topographic Survey
Bench ork 'D
T.N.H.
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AREA TO OHWL 27,888± S.F. '966' 52.48
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LEGEND vol 124
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1012.00X denotes Existing Spot Elevation 968.77X (a -42
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PA VERS DRI VE WA YIWA L K
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CONCRETE STOOP 43 S.F. N
2.9 S. F. 970 -'-
STEPS (HOUSE) N N N N
N N N e7
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161 S. F. N 41
N<
N 70.87
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DECK (LAKESIDE) X X968.97
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PROPERTY DESCRIPTION:
-Ino I e
Lots 12J and 124, SPRING PARK, Hennepin County, Minnesota, according to the
a 'Q
recorded plot thereof
-Q,
ALSO
'9
IQ 0
That part of vacated Lake Shore Avenue and of the tract of land lying between 1v � 1-\
s id avenue and shore of lake which lies between the Southwesterly extension 9,6
thwesterly line of Lot 124 and the Southeasterly line of Lot 123. N N
a '9-1 N N
of the Nor 0,
9 N
0- N
N
N
Certificate of Survey and Topographic hereby certify that this survey, plan, or Requested By: 0 denotes iron monument found
report was prepared by me or under my www.ottoassociates.com
Survey on Lots 123 and 124, SPRING direct supervision and that / am a duly 0 denotes 112 inch by 14 inch iron pipe
PARK, Hennepin County, Minnesota. Licensed Land Surveyor under the laws Final Grade, Inc. TTO 9 West Division Street set and marked by License #40062
ofthe State ofMinnesota. Buffalo, MN 55313
Revised: Date: Drawn By: Scale: op r,ck,d By., (763)682-4727
it SSOCIATES Fax (763)682 3522
Paul E Otto 10-11-16 T.J.B. 1 =2 P. E. 0. Foject No.
License #40062 Date: to- 19-16 1 , Engineers & Land Surveyors, Inc. 16-0478
I It
?a
Certificate of Survey It 72 )<959.70
5i—y 960, 'f
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and Topographic Survey
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X96j 4X
0
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X967,25 X964.98 96J 71 .96Z 62
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AREA TO OHAL - 27.888.t 51". (0.6 ACRES) 74
9OZ29
a 0
0
0 X96728
00 00
00
EXIS77NG HOUSE 1.933 S.F.
X969.22
PORCH JOB St".
DECKS (HOUSE) 305 S. F.
-I,- X F1,
0
486 S. F. 71
1.125 SF. -b' 60
EX1SnNG GARAGE
PAPERS DRIVEWAY
IWALK
\ 0"Ik" X97
CONCRETE STOOP 43 S.F.
J, X,
STEPS (HOUSE) 29 S.F. 970.
STEPS (LAKESIDE) 16t S.F.
DECK (LAKESIDE) 267 SF. 70.57
X 76 .97
I <969,79 938X
RETAINING WALLS 129 S.F.
TOTAL 4,786 S.F.
+ X968.70
X HARDCOVER IZ2X
XM97
N +
X968 76
v+\
X956.54
ty
PROPER ry DESCRIP 770N. -
Lots 72J and 124, SPRING PARK, Hennepin County. Minnesota, according to the
recordZ plot thereof.
ALSO
That part of vacated Lake Share Awnue and of the tract of land lying between
said Cwenue and share of lake which lies between the Southwesterly extension
Of the Northwesterly line of Lot 124 and the Southeasterly line of Lot 123.
Certificate of Survey and Topographic I hereby certify that this survey, plan, or Requested By., hoessociates.com denotes iron montientibund
report was prepared by me or under my denotes 112 inch by 14 inch iron pipe
Survey on Lots 123 and 124, SPRING direct supervision and that I am a duly
PARK, Hennepin County, Minnesota. Licensed Land Surveyor under the laws Final Grade, Inc. 9 West Division Street set and marked by License #40062
ofthe State of'Minnesota. Buffalo, MN 55313
Revised., Date: Drawn By., (763)682-4727
I Checked8y.- Fax (763)682 3522
10-11-16 TJ B Scale! ,=2,, P.E.O. Project No.
=0"a Engineers& Land Surveyors, Inc. 16-0478
11112 Data
F= I",49NL L_ C:3a' F=?k.41fk 113 1 1%%,j C:,'
The Building Materials:
* Excavate the silt and mud. Export off site.
0 Import topsoil (structural) blended and screened with no rocks or sticks.
* The three washout areas are 35 x 40.
• The geostructural product will be staked deep. See brochure on product.
• 7:30 AM start time and 6:00 PM end time in the evening. No weekend work.
• Start as soon as possible to gain the growing season for plant root structure.
• We will practice minimal traffic impediment as we drop off and pick up
equipment. There is room to load trucks at the driveway.
• The site is quite private. Normal Skid Steer noise. All new tier 4 equipment
deletes any smoke smell.
RECEIVED
APR 19 2017
GVTY OF ORONO
3441 Bluff Drive - Jordan, MN 55352
952-492-5100 - Fax 952-492-5101 # 3939
-I. _J_ S-1
le
771
I
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0
0 C:D r-
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71.
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41'
May 2014
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4
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Filtrexx Bank Stabilization Solutions, Reliable Stabilization Systems with Filtrexx Techn... Page 6 of 6
tiviniEwafts0fiftnexxxorn (mailto:tivingwaLLs(cbfiLtrexx.com) (maitto'MAILTOqivingwalls(c)fittrexx.com)
FILTREXX.COM (hUp://�.fittroxx.com)
ABOUT (http,//www.fittrexx.com/en/about)
APPLICATIONS (http�//www.fiLtrexx.com/en/applications)
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LEGAL (htto,//www.fiLtrexx.com/en/LegaL)
SITEMAP (http�//www.fiLtrexx.com/en/sitemap)
SEEDED FILTREXX@ GROSOXX-(B"-12" TYP.)
OR LIVE PLANTED (SEE NOTE 5)
LIVE WILLOW STAKES OR OTHER PLANT
MATERIAL FROM SEED OR FROM LIVE PLUGS
ORANGE WITNESS BARRIER OVERLYING
FLW 20 GEOGRID WRAPPED AROUND FILTREXX6
GROSOXXne' FASCIA OR OTHER STRENGTH
(FLW 35 OR FLW 55)
MHIV
FACE BATTER (MAX 2:1):
MLw
RIPRAP/BOULDERS
CREEK BED
EXCAVATE BELOW
EXPECTED SCOUR LINE
FILTREXX BANK TOE ROCKSOXX
(LOOSE STONE WRAPPED IN FABRIC)
NOTES,
1. ALL MATERIAL TO MEET RLTREXXO SPECIFICATION&
2. GROSOXX- FILL TO MEET APPLICATION REQUIREMENTS -
3. ALL GROSOXX- TO BE SEEDED PER LANDSCAPE ARCHITECT'S SPECIFICATIONS.
4� BACKnLL TO BE PLACED PER ENGINEER'S REQUIREMENTS.
5. GEOGRiD STRENGTH, LENGTH AND VERTICAL SPACING TO BE DETERMINED BY ENGINEER. GEOGRID — NO STRANDS
ARE TO BE CUT DURING PLANTING, ETC. WE RECOMMEND BI—DIRECTIONAL STRENGTH FOR CONSTRUCTION EASE,
S. NATIVE AND DRAINAGE BACKFILL TO BE SEPARATED BY NON—WOWN FILTER FABRIC.
7. MAXIMUM HEIGHT RECOMMENDED: TEN FEET EXPOSED HEIGHT.
8 FILTREXXO GROSONY's DEPENDS ON APPUCA [ION (SIZE DEPENDENT ON PROJECT)
9. IMTNESS BARRIER S14OULD BE OPEN MESH GRID TO PERMIT PLANTING.
These graphic representations ere intended far
d I SCALE:
prefinat-my design purposes only on am not NCNE FILTREXX EDGESAVER STREAM
to be used for construati.. .1thout the
f i I t rexx- � sfghature of a registered professional engineer. BANK STABLIZATION SYSTEM
ritLi-exx tsanK �aa[)Rizavon :�ysrem
2
http://www.filtrexx.com/en/applications/stabilization/bank-stabilization 511012017
Katherine Marxen
From: Ron Anderson
Sent: Tuesday, April 18, 2017 4:29 PM
To: Katherine Marxen
Subject: Fwd: Bailey - Plantings
Sent from my Verizorl, Samsung Galaxy smartphone
-------- Original message --------
From: Ellie Dahl <elIieanorIing§.net>
Date: 4/18/17 3:24 PM (GMT -06:00)
To: Ron Anderson <randcrson&f1naIg!ade.com>
Subject: Bailey - Plantings
Ron,
I have reviewed the documents that were sent over to us and spoke with George about some plant options we
would suggest for the slope. Below are a few I'd suggest:
Red -Osier Dogwood (shrub) - cornus stolonifera
Ninebark (shrub) -physocarpus capitatus
Snowberry (shrub) - sympthoricarpos albus
GroLow Sumac (groundcover) - rhus aromatica
Crown Vetch (groundcover) - coronilla varia
Allium (native wildflower) - allium stellatum
Yarrow (native wildflower) - achillea millefolium RECEIVED
Blue Rug Juniper (low growing evergreen) -juniperus horizontalis Wiltonfi' APR 19 Z017
CITY OF ORONO
There a quite a few options available but these are the few I suggest that are easy to get and seem to do well in
our area. I tried to give a variety of both shrubs, wildflower, and groundcover that all do well in a very sunny
climate. Not only is having a variety nice aesthetically, but it has it's benefits with erosion as well. Having the
variety of sizes will do a good job of breaking up/slowing down rainfall as it falls and hits the slope which in
turn minimizes erosion during a rainfall event.
Best of luck in the meeting tomorrow and let me know if there is anything else you need. We look forward to
hearing from you!
Thanks!
Me M ' LANMAPEDIEGNU
NORUNG"S
12%e,XM=r-,A lx&wx, 11c.
li�, $0
RECEIVED
APR 19 2017
Cirf OF ORONO # 3939
168.6jx
-10
X96716 9
03 X970.2,�-'
00 0
96:9.577 0.
21\
0 70.74
461 0
6 96 0
,0 969 12" YARD\ C'13`1
C35 DRAIN INLET 0 0
65. TOP=9678..A 00
X970.61
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% \-86 X 9 7��.
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GRADE 12"- 18"
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969.79 969.j8x
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co IQ DRAIN INLET
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0 IQ TOP=9678
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58 LF -8" DUAL
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SHORELINE 60 , 9
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'9 -?6.
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Co,
/ hereby certify that this plan, specification, or report was prepared by
me or under my direct supervision and that / am a duly Licensed
Professional Enqineer under the laws of the State of Minnesota.
Cara M. Schwahn Otto '
License # 40433 Date: 611117
Requested By:
Final Grade,,
Date: I Drawn By I Scale:
Inc .
Checked By:
J11 0/17 1 C. S. 0. 1 1 "=20' 1 C. S. 0
GRADING PLAN
WA YZA TA., UN
0 20 40
I Feet
NOTE. REFER TO PLANS PREPARED BY OTHERS FOR
SEDIMENT & EROSION CONTROL MEASURES
Revised:
www.ottoassociates.com
611117 S TORY SEWER
��Idnft� 9 West Division Street
T -TUBuffalo, MN 55313
(763)682-4727 Project No.
SSOCIATES Fax (763)682-3522 16-0478
Engineers & Land Surveyors, Inc.
-AC DRAIN INLET.1 0
bib- TOP=9678..A 00
0
0 70.61
Flog P 0
10
0 0 A r
X97��O
970- —
-96& GRADE 12"- 18"
'5 HIGH BERM
X 969. 79 969.j8x
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TOP=9678
(51
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N
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To NW inlet
NW Depression
/44 P
2 S)
To SE inlet
SW Depression
160478 HydroCAD MSE24-hr3 10- Year Rainfall=4.26
Prepared by Microsoft Printed 6/1/2017
HydroCAD@10.00-20 s/n03113 @2017 HydroCAD Software Solutions LLC Page 2
Summary for Subcatchment 1S: To NW inlet
Runoff 0.29 cfs @ 12.12 hrs, Volume= 0.012 af, Depth> 1.85"
Runoff by SCS TR -20 method, UH=SCS, Weighted -CN, Time Span= 5.00-20.00 hrs, dt= 0.05 hrs
MSE24-hr3 10-YearRainfall=4.26"
Area (ac) CN Adi Descri
0.010
0.070
98 Unconnected pavement, HSG C
74 >75% Grass cover, Good, HSG C
0.080
77 76 Weighted Average, Ul Adjusted
0.070
87.50% Pervious Area
0.010
12.50% Impervious Area
0.010
100.00% Unconnected
Tc Length Slope Velocity Capacity Description
(min) (feet) (ft/ft) (ft/sec) (cfs)
5.0 Direct Entry,
Summary for Subcatchment 2S: To SE inlet
Runoff 0.34 cfs @ 12.12 hrs, Volume= 0.015 af, Depth> 1.78"
Runoff by SCS TR -20 method, UH=SCS, Weighted -CN, Time Span= 5.00-20.00 hrs, dt= 0.05 hrs
MSE24-hr3 1 0 -Year Rai nfall=4.26"
Area (ac) CN
Adi
Description
0.010 98
Unconnected pavement, HSG C
0.090 74
>75% Grass cover, Good, HSG C
0.100 76
75
Weighted Average, Ul Adjusted
0.090
90.00% Pervious Area
0.010
10.00% Impervious Area
0.010
100.00% Unconnected
Tc Length
Slope
Velocity Capacity Description
(min) (feet)
(ft/ft)
(ft/sec) (cfs)
5.0
Direct Entry,
Summary for Pond 3P: NW Depression
Inflow Area 0.080 ac, 12.50% Impervious, Inflow Depth > 1.85" for 10 -Year event
Inflow 0.29 cfs @ 12.12 hrs, Volume= 0.012 af
Outflow 0.28 cfs @ 12.14 hrs, Volume= 0.012 af, Atten= 0%, Lag= 0.9 min
Primary 0.28 cfs @ 12.14 hrs, Volume= 0.012 af
Routing by Stor-Ind method, Time Span= 5.00-20.00 hrs, dt= 0.05 hrs
Peak Elev= 968.10'@ 12.13 hrs Surf.Area= 68 sf Storage= 9 cf
Plug -Flow detention time=0.4 min calculated for 0.012 af (100% of inflow)
Center -of -Mass det. time= 0.4 min ( 788.6 - 788.2 )
160478 HydroCAD MSE24-hr3 10- Year Rainfall=4.26
Prepared by Microsoft Printed 6/1/2017
HydroCAD@10.00-20 s/n03113 @2017 HydroCAD Software Solutions LLC Page 3
Volume
Invert Avail.Storage Storage
Description
#1
967.80'
137 cf Custom Stage Data (Prismatic)-isted below (Recalc)
Elevation
Surf.Area
Inc.Store
Cum.Store
(feet)
(sq -ft)
(cubic -feet)
(cubic -feet)
967.80
0
0
0
968.00
35
4
4
968.80
300
134
137
Device Routing Invert Outlet Devices
#1 Device 2 967.80' 0.4" x 3.0" Horiz. Orifice/Grate X 45.00 C= 0.600
Limited to weir flow at low heads
#2 Primary 967.80' 8.0" Round Culvert
L= 70.0' CPP, square edge headwall, Ke= 0.500
Inlet/ Outlet Invert= 967.80'/966.92' S=0.0126'/' Cc=0.900
n=0.013 Corrugated PE, smooth interior, FlowArea=0.35sf
Primary OutFlow Max=0.27 cfs @ 12.14 hrs HW=968.09' (Free Discharge)
't--2=Culvert (Inlet Controls 0.27 cfs @ 1.84 fps)
't--1 =Orifice/G rate (Passes 0.27 cfs of 0.98 cfs potential flow)
Summary for Pond 4P: SW Depression
Inflow Area 0.100 ac, 10.00% Impervious, Inflow Depth > 1.78" for 10 -Year event
Inflow 0.34 cfs @ 12.12 hrs, Volume= 0.015 af
Outflow 0.34 cfs @ 12.14 hrs, Volume= 0.015 af, Atten= 1%, Lag= 0.9 min
Primary 0.34 cfs @ 12.14 hrs, Volume= 0.015 af
Routing by Stor-Ind method, Time Span= 5.00-20.00 hrs, dt= 0.05 hrs
Peak Elev= 968.13'@ 12.14 hrs Surf.Area= 77 sf Storage= 11 cf
Plug -Flow detention time= 0.5 min calculated for 0.015 af (100% of inflow)
Center -of -Mass det. time= 0.4 min ( 790.1 - 789.8 )
Volume Invert Avail.Storage Storage Description
#1 967.80' 131 cf Custom Stage Data (Prismatic)-isted below (Recalc)
Elevation
Surf.Area
Inc.Store
Cum.Store
(feet)
(sq -ft)
(cubic -feet)
(cubic -feet)
967.80
0
0
0
968.00
35
4
4
968.80
285
128
131
Device Routing Invert Outlet Devices
#1 Device 2 967.80' 0.4" x 3.0" Horiz. Orifice/Grate X 45.00 C= 0.600
Limited to weir flow at low heads
#2 Primary 967.80' 8.0" Round Culvert
L= 70.0' CPP, square edge headwall, Ke= 0.500
Inlet/ Outlet Invert= 967.80'/ 966.92' S=0.0126'/' Cc=0.900
n=0.013 Corrugated PE, smooth interior, FlowArea=0.35sf
160478 HydroCAD MSE24-hr3 10- Year Rainfall=4.26
Prepared by Microsoft Printed 6/11/2017
HydroCAD@10.00-20 s/n03113 @2017 HydroCAD Software Solutions LILC Page 4
Primary OutFlow Max=0.33 cfs; @ 12.14 hrs HW=968.12' (Free Discharge)
't--2=Culvert (Inlet Controls 0.33 cfs @ 1.94 fps)
't--1 =Orifice/G rate (Passes 0.33 cfs of 1.03 cfs potential flow)
GEOTECHNICAL EXPLORATION REPORT
PROJECT:
Proposed Slope Reconstruction
2807 Casco Point Road
Orono, Minnesota
PREPARED FOR:
Final Grade, Inc.
3441 Bluff Drive
Jordan, MN 55352
PREPARED BY:
Haugo GeoTechnical Services, LLC
2825 Cedar Avenue South
Minneapolis, MN 55407
Haugo GeoTechnical Services Project: 16-0978
January 3, 2017
I hereby certify that this plan, specification, or report was prepared by me or under my
direct supervision and that I am a duly Registered Professional Engineer under the laws of
the State of Minnesota.
�Iw �-Wvbw\
John T. Carlson, P.E.
Senior Engineer
License Number: 20663
Expires June, 2018
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1.0 INTRODUCTION
1.1 Project Description
Final Grade, Inc. (Final Grade) is preparing to reconstruct the failed slope at 2807 Casco
Point Road in Orono, Minnesota. We understand that Barr Engineering previously
evaluated the slope failure and presented the owner with several different design options
to repair the slope failure.
Final Grade retained Haugo GeoTechnical Services to perform a geotechnical exploration
to evaluate the suitability of site soil and groundwater conditions and provide our opinion
on the proposed slope reconstruction at the site.
1.2 Purpose
The purpose of this geotechnical exploration was to characterize subsurface soil and
groundwater conditions and provide our opinion on the proposed slope reconstruction at
the site.
1.3 Site Description
The project site is located at 2807 Casco Point Road in Orono, MN. The site currently
contains one residential home that is located about 55 feet northeast of the crest (top) of an
existing slope along Lake Minnetonka.
The house area and backyard of the project site is relatively flat with the surface elevations
at the soil boring locations ranging from about 970 feet to 9691/2 feet. The slope is relatively
steep and is indicated at about 40 degrees on the Barr Engineering documents provided.
The height of the slope from the crest to Lake Minnetonka is about 30 feet. The slope face
generally contains small trees and brush with an existing stairway to Lake Minnetonka.
Portions of the slope face failed during a period of heavy rain in June 2014. The slope
failure was not repaired and portions were covered with plastic sheeting.
1.4 Scope of Services
Our services were performed in accordance with the Haugo GeoTechnical Services, LLC
proposal 16-0978 dated November 15, 2016. Our scope of services was performed under
the terms of our General Conditions and limited to the following tasks:
• Completing two (2) standard penetration test soil borings and extending each to a
nominal depth of 40 feet.
• Recording GPS coordinates of the soil boring locations and elevations.
• Visually/manually classifying the samples recovered from the soil borings.
• Performing laboratory tests on selected samples.
A field log of each boring was prepared by the HGTS drill crew. The logs contained visual
classifications of the soil materials encountered during drilling, as well as the driller's
interpretation of the subsurface conditions between samples and water observation notes.
The final boring logs included with this report represent an interpretation of the field logs
and include modifications based on visual/manual method observation of the samples.
The soil boring logs, general terminology for soil description and identification, and
classification of soils for engineering purposes are also included in the appendix. The soil
boring logs identify and describe the materials encountered, the relative density or
consistency based on the Standard Penetration resistance (N -value, "blows per foot") and
groundwater observations.
The strata changes were inferred from the changes in the samples and auger cuttings. The
depths shown as changes between strata are only approximate. The changes are likely
transitions, variations can occur beyond the location of the boring.
3.0 RESULTS
3.1 Soil Conditions
The soil borings encountered about 1 foot of topsoil at the surface. The topsoil consisted
of sandy lean clay that was black in color.
Beneath the topsoil, the borings encountered native alluvial lean clay soils that extended
to around 4 feet below the ground surface. Penetration resistance values (N -values),
shown as blows per foot (bpf) on the boring logs, of 8 blows per foot (bpf) were recorded
in the lean clays which indicate a medium consistency.
Underlying the topsoil and alluvial clay soils, the soil borings encountered glacial till soils
that extended to the boring termination depths of about 40 feet. The glacial till soils
consisted mainly of clayey sand, with upper layers of sandy lean clays and lean clays
encountered at boring SB -1. N -values of 10 to 26 bpf were recorded in the glacial till soils.
These values indicate the clayey sands had a medium dense relative density with upper
loose zones while the sandy lean clays/lean days had a stiff consistency.
3.2 Groundwater
Groundwater was encountered in both soil borings after drilling between depths of about
311/2 to 34 feet which correspond to elevations of about 936 to 938. Water levels were
measured on the dates as noted on the boring logs and the period of water level
observations was relatively short. Given the cohesive nature of the glacial till soils
encountered, it is likely that insufficient time was available for possible perched
groundwater to seep into the bore hole and rise to its hydrostatic level.
The Minnesota DNR reports the Ordinary High Water Level (OHW) of Lake Minnetonka
to be around an elevation of 929 1/2 feet.
3
Groundwater monitoring wells or piezometers would be required to more accurately
determine water levels. Seasonal and annual fluctuations in groundwater levels should be
expected.
3.3 Laboratory Tests
Laboratory moisture content and percent passing the Number 200 sieve (P-200 content)
tests were performed on selected samples recovered from the soil borings. A summary of
the laboratory testing is presented in the Table 1 below. The moisture contents of the
samples are also provided on the soil boring logs opposite the sample tested.
Table 1. Summary of La oratory Tests
Boring
Number
Sample
Number
Depth
(feet)
Moisture
Content
(%)*
P-200
N*
SB -1
S-2
21/2
271/2
-
SB -1
S-3
5
26
591/2
SB -1
S-4
71/2
231/2
-
SB -1
S-6
121/2
161/2
-
SB -1
S-7
15
161/2
39
SB -1
S-8
20
161/2
-
SB -1
S-10
30
141/2
28
SBA
S-12
40
141/2
-
SB -2
S-14
21/2
261/2
-
SB -2
S-15
5
171/2
35
SB -2
S-16
71/2
171/2
-
SB -2
S-18
121/2
18
-
SB -2
S-19
15
14
-
SB -2
S-20
20
171/2
-
SB -2
S-21
25
16
321/2
SB -2
S-22
30
151/2
-
SB -2
S-24
40
16
*P-200 tests and moisture contents were rounded to the nearest 1/2 percent
3.4 OSHA Soil Classification
The soils encountered in the borings consisted of both granular (sand) and cohesive (clay)
soils. The cohesive soils will generally be Type B soils under Department of Labor
Occupational Safety and Health Administration (OSHA) guidelines, while the granular
soils will generally classify as Type C soils.
".1-99MIDDIM
N
E
Approximate Soil Boring Location W-+
S
GPS Boring Locations
Referencing Minnesota County Coordinates Basis - Hennepin County (GEOID09 Conus model)
Haugo GeoTechnical
Services.
2825 Cedar Avenue S.
Minneapolis, MN 55407
Soil Boring Location Sketch
2807 Casco Point Road
Orono, Minnesota
Figure #: I
Drawn By: RD
Date: 11/22/16
Scale: None
Project #: 16-0978
Elevation
Northing
Easting
Boring Number
(US Survey Feet)
Coordinate
Coordinate
SB -1
970.0
149485.379
438364.937
SB -2
969.3
1 149530.864
L 438303.037
Referencing Minnesota County Coordinates Basis - Hennepin County (GEOID09 Conus model)
Haugo GeoTechnical
Services.
2825 Cedar Avenue S.
Minneapolis, MN 55407
Soil Boring Location Sketch
2807 Casco Point Road
Orono, Minnesota
Figure #: I
Drawn By: RD
Date: 11/22/16
Scale: None
Project #: 16-0978
BORING NUMBER SBA
HAUGO Haugo GeoTechnical Services
2825 Cedar Ave PAGE I OF I
Minneapolis, MN 554057
Telephone: 612-729-2959
CLIENT Final Grade PROJECT NAME 2807 Casco Point Road
PROJECT NUMBER 16-0978 PROJECT LOCATION Orono, Minnesota
DATE STARTED 11/21/16 COMPLETED 11/21/16 GROUND ELEVATION 970 ft HOLE SIZE -3 1/4 inches
DRILLING CONTRACTOR HGTS GROUND WATER LEVELS:
DRILLING METHOD Hollow Stem Auger/Split Spoon AT TIME OF DRILLING Not Encountered
LOGGED BY MS CHECKED BY JG AT END OF DRILLING Not Encountered
NOTES AFTER DRILLING 34.00 ft Eley 936.00 ft with Cave-in Depth of 35 fe t
W
A SPT N VALUE A
WW
U) 9
Lu
20 40 60 80
PL MC LL
i
EL
W M
W
5
z -j
a-
C�
z
a
W
0
MATERIAL DESCRIPTION
-j
a-
0
�4 —
D
20 40 60 80
0
�E z
<
0
W
M:D
0 z
0
El FINES CONTENT (%) 0
W
W
CL
0
0
20 40 60 80
Sandy Lean Clay, black, moist. (Topsoil)
AU
(CL) Lean Clay, trace Fibers, brown, moist, medium. (Alluvium)
SS
2-4-4
2
(8)
5
......
(CL) Sandy Lean Clay, rust staining, brown, moist, stiff.
(Glacial Till)
—
SS
3
6-7-8
(15)
.'d ....... ....... p...
(CL) Lean Clay, trace Gravel, brown and light brown, moist, stiff.
3-5-8
(Glacial Till)
4
(13)
10
............. ........
_SS
5
4-7-8
(15)
.. ........
(SC) Clayey Sand, fine to medium grained, trace Gravel, brown to
SS
6-6-7
dark brown at 39 feet, moist, medium dense. (Glacial Till)
6
(13)
15
4D:.
SS
7
3-5-7
(12)
20
\A
SS
8
4-6-8
(14)
25
. ......
..... . ..... .... .......
SS
9
7-10-14
(24)
[\A
..........
30
......
/N
SS
10
5-9-13
(22)
............
35
SS
11
6-6-8
(14)
13
r
q
.... ......
SS
12
3-8-10
(18)
Bottom of borehole at 41.0 feet.
BORING NUMBER SB -2
HAUGO Haugo GeoTechnical Services
2825 Cedar Ave PAGE I OF I
Minneapolis, MN 554057
Telephone: 612-729-2959
CLIENT Final Grade PROJECT NAME 2807 Casco Point Road
PROJECT NUMBER 16-0978 PROJECT LOCATION Orono, Minnesota
DATE STARTED 11/21/16 COMPLETED 11/21/16 GROUND ELEVATION 969.3 ft HOLE SIZE 3 1/4 inches
DRILLING CONTRACTOR HGTS GROUND WATER LEVELS:
DRILLING METHOD Hollow Stem Auger/Split Spoon AT TIME OF DRILLING Not Encountered
LOGGED BY MS CHECKED BY JC AT END OF DRILLING Not Encountered
NOTES T AFTER DRILLING 31.30 ft Elev 938.00 ft with Cave -In Depth of 33.8 1 at
W
EL
—
2�
A SPT N VALUE A
x
>-
rn W
W
20 40 60 80
PL MC LL
i 0 1
CL
CL o
MATERIAL DESCRIPTION
W
W M
_3 2i
x S
W a
>
3: �- D
oz -j
Z) <
CL
�- (��
W
'E�
z "
W
< _j
of
CL 5
X
0—
0
-1
M0>
y
20 40 60 80
El FINES CONTENT El
2 z
<
W
C) z
0
Of
(n
or
Sandy Lean Clay, black, moist. (Topsoil)
(CL) Lean Clay, trace Fibers, brown, moist, medium. (Alluvium)
SS
2-4-4
:0
14
(8)
5
... .... 0
ON
(SC) Clayey Sand, fine to medium grained, trace Fibers, rust
staining at 8 feet, brown and light brown, moist, loose to medium
M
SS
15
3-4-7
(11)
dense. (Glacial Till)
......
S
SS
4-4-6
16
1 6
(10)
10
........ ......
(SC) Clayey Sand, fine to medium grained, trace Gravel, brown,
moist, medium dense. (Glacial Till)
[15
S
SS
17
3-5-6
0 1)
....... . ....... ......
p
SS S
3-5-7
11 8
(12)
-Ap ..... ....... .......
......
SS
19
2-5-6
20
SS
20
4-5-6
0 1)
25
........
SS
21
3-7-9
(16)
r
.. ........
..........
30
\A
SS
22
5-6-8
(14)
2
35
....
. ..... ....... ......
23
5-13-13
(26)
........... — ... .......
q
... ... -
SS
24
5-7-8
(15)
_A0
LU
0
LU Bottom of borehole at 41.0 feet. :::A
L9 I
Descriptive Terminology of Soil
Standard D 2487 - 00
Classification of Soils for Engineering Purposes
(Unified Soil Classification Systern)
Criteria for Assigning Group Symbols and
i��Soils Classification
Group
I
Group Names Using Laboratory Tests
Gravel
Symboll
Group Name
0
Gravels
1 C lean Gravels
C,;�t 4 and 1 <
_C':�
GW
Vlelkgtaoi
'fa
W
r vlo'e tharl 1 uc'�' of
coarse t(action
5`� Ss fin-,
- or
1__'
C�< 4 and/of 1 > C,> 3 c
GP
Pooflygiaded gravel'
in
a
retained on
No 4 sieve
Gravels with Fines
I
More than 12-�', lines
Fines classify as ML or MH
Fines classify as CIL or CH
GM
GC
_§LnA,_iLa�e _._
Clavey oravel
on or above 'A' line
Sands
Clean Sands
C,, -t 6 and I S C� :5� 3
SW
vVelf-graded sand
17� 6 a ndfor 1 1 C, > 3
SP
PooCy graded sand
11
6
E Z
50^ '� of more of
coarse fraction
51, or less fines I
l--_-______4
0 W
Q
passes
Sands with Fines
Fines classify as MI -or MH
SM
Silly sand
E
No 4 sieve
More than 12
Fines classify as CL or CH
SC
Clayey sand
(V
d'i
Incfganic
.1
PI 7 and plots an or above 'A' (,�'e I
CL
Lean clay
Silts and Clays
PI < 4 or plots below'A- line'
fAL
Sit" - "
W
Uquid firmt
>
!ess Nan 50
Organic
Liqwd firritt - oven dried
075
OL
Organic ciay
L-QuId limit - hot dried
OL
Organic silt
'E
Silts and clays
Incrganic
Pf plots on or above -A' line
CH
Fat cfav
PI plots 0elow 'A- hrie
PA H
Elastic silt
Z
Liquid lirna
50 of n -*re
Organic
Liquid limit - oven cried
OH
Organic c�ay
Liquid linnil - no-, dried
OH
Organicsilt'
Highly Organic Soils
Primarily organic matler� dark in color and organic odor
PT
Peat
a Baseacri the ma!o,*.a1ra5,,,qr,,e � 2�;-', �,nm�s�,e
If (,etd cc"O!es V io, M�' actl -11 C, V VC -It" I,
C, - D, I D,, C D
D_:1 r) --
o if 5ca ZX'Inllamlik� I slit"d acl 11 !` sal"I
GV1GIA g,a,e! wf,� s �t
GWGC 'efl-grack�d pfa.e! 'VA'� C:zl'
GP�C'M C-Car;y o'adfec Q�a'ei , tr; 5�a
GP,GC yac4 it� da�
T,'65 Castf�' as CL ?J� -se dlW syrnt'<4 GC -GM cr SC SM,
h It SoO conlaxis > !""A adc a' i't!' to rfo'��
San 5 1,- f�,e' �e-4vre CL�a� frto�5
SVV'Shi .e I q
'facec sarc
SVV-sc we'l�olad'�d �X'c A"
SP'SM W11 .1ti" -1:
sp-sc '-�aaeo Ih c�by
I It Artemprp Prngs p:M ;,, nalct,,&i wea so � is a CLJAL stity - ,,v
It SoA 0 � 3�'I$ 1 C' ;-Z� _""-a "�'_ s N�; 2"C' znc ' "'In sa'IT C%' -'.V�!n qfa'et' vieqomnan!
2"'o P*efdCm'_a,,':ir5a-4 ada'sa!'4�'
ado qfae��Y
'i PI arc pici5 r�n o' aoe A w�e
0 Pi < 4 of Plots belcy; A- ;�flt
P I') r'ots or a, abo,e A
q ;,I ro'!5 P '�'c
60
5C
40
X
30
20
a.
10
7
4
0
0 10 16 20 30 40 so 60 70 80 90 too 1`10
Liquid Limit (LL)
Particle Size Identification
0culiets
over 12'
Cobbles
3- to 12'
Gravel
Medium
Coarse
3/4' to 3'
Frne
No 4 to 314'
Sand
V�ry still
Coarse
No 4 to No 10
Medium
No 10 to No 40
Fine
No 40 to No 200
Silt
< No. 200 PI < 4 or
C
below'A� fine
Clay
< No 200, Pl,� 4 and
0
on or above 'A' line
PI
PlasliciTy �ndf'x
qu
Unconfined compressive s,;renojh, p -,f
P200
passing 200 s;eve
qP
Pcc�.et pcnelfome:er strength, is'
Re. 7V,
d'i
MH cif r OH
k6�
ML r OL
1
1
7 1
0 10 16 20 30 40 so 60 70 80 90 too 1`10
Liquid Limit (LL)
Particle Size Identification
0culiets
over 12'
Cobbles
3- to 12'
Gravel
Medium
Coarse
3/4' to 3'
Frne
No 4 to 314'
Sand
V�ry still
Coarse
No 4 to No 10
Medium
No 10 to No 40
Fine
No 40 to No 200
Silt
< No. 200 PI < 4 or
C
below'A� fine
Clay
< No 200, Pl,� 4 and
0
on or above 'A' line
Relative Density of
Cohesionless Soils
Very loose 0 to 4 BPF
Loose 5 to 10 BPF
Medium dense 11 to 30 BPF
Dense 2 1 to 50 BPF
Very dense over 50 OPF
Consistency of Cohesive Soils
�,Iery soft
0 to I BP ' ;�
Soft
2 to 3 BPP
Rather soft
.1, to 5 EIPF
Medium
6!08 6PF
Rather stiff
9 to 12 BPF
Still
13 to 16 BPF
V�ry still
17 to 30 OPF
Hard
over 30 BPF
Drilling Notes
Standard Pen,_`Jat;or1 test 00(ingswere advanced by 3 1/4'or 6 1/4'
ID h0l!Ow�s!ern augers unless noted otherwise, Jelling wale. r was used
to clean oul auger prior to sampling only where indicated on logs
Siancard penetrawn test boring$ ate designated by the prefix 'ST'
(Sphilube) All samples were taken with the sta ndara 2' 00 split -tube
sampler except where noted
Power auger borings ,iese advanced by 4 or Ei'diameter continuous -
night solid -stem augers Soil classifications and strata depths were in-
ferre�d fromaisturbed samplesaugered Ito the surfaceand are, therefore�
sornewhai approximate Powcr auger borings ale designated by the
Prefix -B -
Hand auger borings were advanced manually with a 1 1/2' or 3 114'
dtameler auger an;were limited tothedepth frornwhoh the aUgerCOUld
bernanuailyMhdrawn Hand auger borings are indicated by the prefix
If ,
BPF: Nurntiers indicate b:o%vs per toot recorded in standard penetration
test, also known as -N' value, The sampler was sell 6' into undisturbed
st'd below he hollovv�stemauger Driving resisftinceswere then counted
to, second and third 6- increments arid added to get BPF Where they
dMered s;gmficantiy they are reported in the following forn 1 2112 for the
respectively.
WH: VIM indicates the sampler penetrated soil under weight of hammer
and rods alone driving notrequired
VVR: WR indtcatrs the sampler penetrated soil under weight of rods
alone hammer we,ght arid criving not required
TW snd,caje:� th,n�wailec (inaiswrted'i tube sample
Laboratory Tests Note. Ail resis,&Pte run in aereral aCCcoar.Ceiepl�, appj;cabieA5T!%A
slandaTils
DO
Drvdensfty pc�
Oc
Orrianiccontent
WD
we� density, P0
S
Percent of saturation
Mc
Naloraimo:stureconterit
SG
Specificgravity
LL
Utimid limit
C
Cohesion. pst
PL
plastic limit
0
Angfe of internal trict,on
PI
PlasliciTy �ndf'x
qu
Unconfined compressive s,;renojh, p -,f
P200
passing 200 s;eve
qP
Pcc�.et pcnelfome:er strength, is'
Re. 7V,
CITY OF ORONO
PLANNING COMMISSION MEETING
Monday, May 15,2017
6:30 o'clock p.m.
8. 17-3939 John Bailey, 2807 Casco Point Road, Conditional Use Permit, 7:52 P.M. — 8:44
P.M.
John Bailey, Applicant, and Ron Anderson, Final Grade, Incorporated, were present.
Curtis stated the property owner is requesting a conditional use permit in order to repair and restore slope
failures which occurred in his lakeshore yard in 2014. Since that time the property owner has been
attempting to develop a restoration plan that meets both the City's lakeshore goals and his goals.
The applicant shared his difficulties with finding an engineer to certify his plans for restoration that did
not involve completely denuding the slope and making a significant cut into the yard. The applicant
recently provided the City with a plan to restore his lakeshore slope. The project involves removal of the
compromised soils, saw tooth cutting of the subgrade, and installation of new compacted soil, a yard
drain, a drainage pipe, Filtrex living slope, stabilization ponds, and plantings stabilizing vegetation. An
updated plant list was submitted over the weekend and provided to the Planning Commission.
A conditional use permit is required as they propose to stabilize the slope by removing approximately 300
cubic yards of compromised soil material and replacing it with approximately 500 cubic yards of angular
soil to be compacted and restored.
The Consulting City Engineer has reviewed the submitted information and provided the following
comments:
"The information that has been provided by the applicant indicates that the proposed improvements
include more detailed and complex solutions to deal with site drainage and slope stabilization than we had
originally anticipated and discussed, including infrastructure along with grading and vegetation.
CITY OF ORONO
PLANNING COMMISSION MEETING
Monday, May 15,2017
6:30 o'clock p.m.
We recommend that the applicant have the proposed improvements reviewed and approved by a licensed
professional engineer to ensure that site specific conditions such as drainage area and soil conditions are
adequately considered in the location, sizing, and installation of the proposed infrastructure."
While Staff finds the restoration of the slope failure areas to be necessary and the intended finished
product is consistent with the City's goals for natural looking shoreline, the applicant's plans appear to
incorporate some "engineering solutions" which are not designed by an engineer. Staff recommends
verification from a licensed engineer that the proposed solution will effectively stabilize the slope.
Staff does recommend approval of the conditional use permit, but based on the City Code Section
78-1283 referenced in the Staff report and the City Engineer's comments, Staff also recommends the
applicant provide a restoration plan designed and certified by a registered engineer.
The Planning Commission had no questions for Staff.
John Baily, Applicant, stated the plan has been pretty well laid out and that he has put together a very
capable team on this project. Ron Anderson has done a lot of these steep slope repairs around the lake,
including the Wayzata Muni. Tom Nickurn is also working with the team and he will be performing the
riprap at the bottom of the slope. Norling Landscaping will be doing the planting.
Bailey distributed some photographs of other projects completed by Ron Anderson. Some of the other
projects completed by Ron Anderson include Howard's Point, which included a sewer pipe and a 50 -foot
high steep slope; and the Coffey Bridge. Bailey noted both of those projects were very difficult but the
completed work was successful.
Bailey stated in 2014, the area experienced a heavy rainfall and it washed out a portion of the slope,
which has since been stabilized. The first washout occurred in June of 2014, which was followed by
another rainfall that caused two additional washouts, including one of the adjacent property.
Bailey stated as a result, he attempted to get an engineering solution to the problem. In order to engineer
a solution, they would have to cut the slope back, which is very expensive and would require pilings.
Bailey stated that engineering solution was not practical and that he continued to pursue a solution by
CITY OF ORONO
PLANNING COMMISSION MEETING
Monday, May 15,2017
6:30 o'clock p.m.
looking at other areas along the shore that had washed out in the past. Bailey indicated that then led him
to Ron Anderson, who designed this approach. Baily stated based on his experience, the repairs will work
rather than having to do a whole re -grading of the shoreline.
Bailey noted this is a residence and that a commercial building will not be built on this lot. Bailey
commented his proposed solution is better than what currently exists and that it will not be possible to
obtain an engineer's signature on his plan unless they cut the slope way back and obtain a 1: 1 slope.
Thiesse stated his main concern is with regards to the Filtrex, which says that it should be a 2:1 slope.
Thiesse noted he would need further information on the Filtrex.
Ron Anderson, Final Grade, Incorporated, noted the Filtrex is used in the early stages until the plantings
are established. Anderson indicated Filtrex was used on the Wayzata Old Muni site and that they
successfully completed that project approximately five years ago. This project proposes an eight inch
thick Filtrex, which is a little deeper and stronger and steel rods can be run into it if necessary. Anderson
noted they are unsure how much they will have to excavate on that slope to get it to be stable.
Chair Thiesse opened the public hearing at 8:08 p.m.
Roger Frommelt, 2805 Casco Point Road, noted he lives next door and that he had a similar catastrophic
event. Frommelt stated he has lived in his house for 48 years and that he is really riding on John Bailey's
coattails when it comes to this project since he does not have the resources to do all the investigating.
Frommelt stated if what John is proposing is approved, he might do what John is doing depending on the
costs. Frommelt noted the slope lasted for at least 50 years and that what Mr. Bailey is proposing is better
than what it was to begin with. Frommelt noted the soil in the area is mostly clay, which might be why it
held for so long.
Chair Thiesse closed the public hearing at 8: 10 p.m.
Thiesse commented there is a reason why engineers want to go back further
CITY OF ORONO
PLANNING COMMISSION MEETING
Monday, May 15,2017
6:30 o'clock p.m.
Schoenzeit stated in his view the City would be setting a dangerous precedence to allow an applicant to
do a project that clearly needs engineering if they do not require that engineering. Schoenzeit stated in his
view it would be irresponsible and dangerous for the Planning Commission to allow it on this project
since there will likely be other people who want the same waiver. Schoenzeit stated he would not be
comfortable approving it and that in his view the applicant would want to know it is going to survive
I 00 -year rainfall events before making this type if investment.
Anderson stated a couple of factors apply in this situation. Anderson indicated the slope does have to
match the neighboring properties, and if they used an engineering solution on this one, they would also
have to clear cut and slice the neighboring property's slope off. At some point the City just has to say we
are going to fix it and they cannot impose these kind of costs on a homeowner.
Anderson stated the second factor is the structural integrity of that slope. The reason the slope failed is
because the rain came from the west and it rained really hard and the ground was saturated. Anderson
noted the middle of this property is steeper than anywhere else and the water drains on both sides of those
lots. The reason they failed is that all the water focused in one area, which increased that saturation point.
The purpose of the proposed berm and the surface drains is so no other water can fall on that slope except
for rain.
Anderson noted a 3: 1 slope is structural, a 2: 1 slope is a substandard engineering slope, and a 1: 1 slope is
what sand will stand at. Anderson indicated they are proposing a slope at just over 1: 1 and that is only
because they cannot go towards the water. Anderson stated the only reason they have to staircase the
slope is because the subsoil is so saturated that they need to get down to virgin soils in order to compact
it. Anderson indicated the saw tooth method is very common and works very well.
Anderson stated the City has to be careful about requiring an engineering solution that will impose many
hundreds of thousands of dollars because the homeowners will not do anything.
Curtis asked if they have done a drainage area analysis to determine how to size the pipes.
Anderson stated they do have that information. Anderson indicated that area is 500 yards and that the far
right of the property runs forward. Anderson stated there really is not a lot of water but that they want to
CITY OF ORONO
PLANNING COMMISSION MEETING
Monday, May 15,2017
6:30 o'clock p.m.
make sure the drains are adequate so they are proposing to install two 12 -inch pipes. Anderson stated the
real factor is the hydraulic pressure, and that once the soil gets so saturated, it cannot hold and fails.
Thiesse noted there are engineered options that will allow them to go to a 1: 1 slope without any hard
surface on the front. Thiesse commented this is a difficult situation but the City cannot just allow
something to be done without a certified engineer signing off on it. Thiesse stated he understand Mr.
Anderson has experience and is good at what he does, but that he cannot in good conscious approve it.
Anderson commented the property owner should be able to landscape it.
Thiesse noted the Planning Commission is just a recommending body.
Schoenzeit stated he would not make the recommendation at the Planning Commission level and that
perhaps the City Council would be willing to allow it.
Roger Frommelt stated a person can go all the way around the lake and find five similar situations so in
his view they will not be setting a precedent. Frommelt stated if they want things to look natural, that is
what nature did to the slope. Frommelt stated in his view they can find a reasonable economic solution
and that the proposed solution is better than what it is now and better than what it was before.
Patty Baily noted her husband is an engineer and that his company has built a number of things all over
the state of Minnesota and are used to the soils in this area. Bailey commented they are willing to live
there with that slope with full confidence that it will be strong enough.
Bailey stated she would love it if the Planning Commission would come see it. Bailey stated the situation
in her view is very dangerous and that she worries every time someone is in the back yard.
Schwingler stated he agrees with the homeowner. Schwingler stated with regards to setting a precedent,
in his view it is landscaping and not structural.
CITY OF ORONO
PLANNING COMMISSION MEETING
Monday, May 15,2017
6:30 o'clock p.m.
Thiesse stated the unfortunate part is that the Baileys have had several engineers out to the property and
they have all proposed things that they do not want to do. Thiesse stated it may hold up but then again it
might not.
Leskinen asked how it would impact the City if it doesn't.
Thiesse commented if it fails, the slope would be back in the lake.
John Baily noted this is a residence and a lakeshore. Bailey pointed out there are still portions of the
lakeshore that remain so they know it will hold. Bailey stated he wants to restore what washed out and
that what they are proposing will make it as good or better than what held. Bailey stated this is a practical
solution and it does not require an engineered solution like a road. Bailey reiterated it will be better than
the adjoining ground and that it is not rocket science. Bailey stated if they look at it from a practical
standpoint, they can see how this can be repaired rather than cutting everything back to make sure it
meets engineering requirements.
Thiesse noted they just required an engineering solution of a family on the north side of Long Lake.
Schoenzeit stated as far as the Planning Commission is concerned, they cannot recommend a non-
traditional solution.
Thiesse commented the Planning Commission can certainly recommend to the City Council that they
allow it, but that he is not ready to do that.
Schoenzeit stated the applicant can plead his case to the City Council.
Thiesse asked if the fact that it will be as good or better than the adjoining land is an acceptable reason to
allow it.
Schwingler stated it is an acceptable answer to him.
Leskinen asked if an engineer can sign off on a well thought out landscape plan.
CITY OF ORONO
PLANNING COMMISSION MEETING
Monday, May 15,2017
6:30 o'clock p.m.
Thiesse stated they would run a stability analysis.
Leskinen noted the Planning Commission is not requiring retaining walls be put in and that they are just
requiring that the plan that is presented be certified by a professional engineer.
Schoenzeit stated on the flip side, the City almost has nothing to say about it when it has been reviewed at
that high level, which is the purpose of the engineer's signature.
Schwingler stated in his view it is a well thought out solution and that it is landscaping.
Thiesse asked if the Planning Commission would even see this if they were not moving that much ground
in the 75 -foot setback.
Curtis indicated that is correct. Curtis noted within the 75 -foot setback, the administrative threshold is 50
cubic yards. Within the Shoreland beyond the 75 -foot setback, the administrative threshold is 500 cubic
yards. Curtis stated the permitting threshold is 50 cubic yards and that anything less than that outside of
the 75 -foot setback would not require a permit. Curtis stated it is the proximity to the lake and the
amount of material that is proposed to be moved that triggers the conditional use permit.
Curtis stated because there were solutions proposed such as the drainage pipe and the catch basin devices,
Staff advised the applicant that he needs an engineer. Curtis stated once those engineering solutions were
proposed, Staff requires an engineering review.
Barnhart stated the City wants some assurance that it solves the problem and at this point Staff has no
confidence that it will. Barnhart stated Staff wants to make sure it does not do further damage to the
slope.
Leskinen stated given the amount of analysis that is needed, she is inclined to go along with Staff s
recommendation and would err on the side of caution.
Thiesse indicated he also is leaning that way.
CITY OF ORONO
PLANNING COMMISSION MEETING
Monday, May 15,2017
6:30 o'clock p.m.
Schoenzeit commented he is the last one to say that the City should make someone spend money, but this
particular activity is at an intensity level that requires engineering. Schoenzeit stated he cannot make a
recommendation for them to go forward with it since it is against Staff s recommendations.
Leskinen stated if they can find an engineer that will sign off on the plans as proposed, then that is one
thing, but that she is not comfortable with it.
Olson stated he is struggling with it since the property owner did not cause this problem. Olson stated he
does not doubt the capability of the team but questioned whether the City is setting up a level of
expectation that other applicants will also not require engineering.
Schwingler noted it would be reviewed on a case-by-case basis.
Thiesse questioned whether the future owner also has an expectation that it will hold.
Schoenzeit stated the liability probably comes with a future property owner.
Curtis noted conditional use permits are recorded against the title of the property so they would be
accessible to a future owner.
Thiesse stated in his mind it is more than a landscaping project and is remediation.
Schwingler stated he is okay with it without the engineer signoff. Schwingler commented it is a tough
case and that the property owners are trying to do the right thing. Schwingler stated he understands the
importance of an engineer signoff, but instead of allowing the property owners to improve what exists, the
City is now penalizing them and requiring them to get an engineer approval. Schwingler commented
sometimes it comes down to a practicality.
Schoenzeit commented he knows enough about engineering that he cannot say yes to this.
CITY OF ORONO
PLANNING COMMISSION MEETING
Monday, May 15,2017
6:30 o'clock p.m.
Anderson stated they do have a slope stability analysis done. Anderson stated clay is amazingly structural
and that the issue is that the filtration that has happened has to be removed.
Schoenzeit asked if there is any hydraulic pressure coming from behind the house.
Anderson indicated there is not and that they are not changing the existing drainage patterns. Anderson
stated they could have an engineer look at the piping, the sizing, and the water volume and include that in
their information. Anderson stated that way they will know it will handle the water volume. Anderson
indicated they are just trying to stabilize the slope and not impede on the neighbors.
Schoenzeit stated that might be an opportunity to get another opinion and another set of eyes to look at it,
which would up the confidence.
Leskinen stated regardless of what the Planning Commission recommends, they can still argue their case
before the City Council.
Thiesse indicated he would be okay with sending this forward to the City Council.
Schoenzeit stated there is a lot to be said about the fact that the property owners can do nothing and that
what is being proposed is an improvement. Schoenzeit stated the homeowner is willing to take the risk,
and having another set of eyes look at it will help make it a better project.
Olson moved, Schwingler seconded, to recommend approval of Application No. 17-3939, John
Bailey, 2807 Casco Point Road, granting of a conditional use permit subject to the applicant
obtaining engineer comment and/or certification regarding the drainage structures.
VOTE: Ayes 5, Nays 0.
Date Application Received: 04/19/17
Date Application Considered as Complete: 05/13/17
60 -Day Review Period Expires: 07/02/17
To: Chair Thiesse and Planning Commission Members
Doug Reeder, Interim City Administrator
From: Melanie Curtis, Planner YYIGG
Date: 15 May 2017
Subject: #17-3939, John Bailey, 2807 Casco Circle,
Conditional Use Permit
Public Hearing
Application Summary: The applicant is requesting a CUP in order to repair a 2014 lake slope
failure which exceeds 500 cubic yards of imported and exported material.
Staff Recommendation: Planning Department Staff recommends approval of the CUP with
conditioned upon an engineer certifying the plan.
Background
The property owner is requesting a conditional use permit in order to repair and restore slope
failures which occurred in his lake yard. In July of 2014, with a number of other properties
around the lake, the property suffered catastrophic failures of their 40 foot high lake slope.
Since that time he has been trying to develop a restoration plan that meets both the City's goals
to stabilize the slope in a natural way, if possible, and stop the sedimentation into the lake; and
his goals for stability, aesthetics, and lake access. The property owner has recently provided the
City with a plan to restore his lakeshore slope. The project involves removal of the disturbed
soil; sawtooth cutting the subgrade; and installation of: new compacted soil, a yard drain,
drainage pipe, Filtrexx living slope stabilization pods, and stabilizing vegetation.
A conditional use permit is required to authorize the work on the property as the restoration
work will exceed 50 cubic yards of material within the 0-75' zone.
Applicable Regulations:
Conditional Use Permit (Sections 78-967; 78-1283; 78-1285; & 78-1286)
The scope of the project will be limited to the area within 75 feet of the OHWL. In order to
stabilize the slope the applicant is proposing to remove approximately 300 cubic yards of
compromised soil material and replace it with approximately 500 cubic yards of angular soil to
be compacted and restored as shown on the plans.
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
application and the evidence submitted, the city must find that the proposed use at the
proposed location is or will be:
FILE #17-3939
15 May 2017
Page 2 of 4
1) Consistent with the community management plan; The intent for the proposed
grading is residential in nature, is consistent with the permitted uses for the
Property, and is compliant with the zoning code and comprehensive plan.
2) Compliant with the zoning code, including any conditions imposed on specific uses as
required by article V, division 3 of the City Code; The proposed slope restoration,
grading, and plantings are residential in nature and are compliant with the zoning
code.
3) Adequately served by police, fire, roads, and stormwater management; This
statement is true.
4) Provided with an adequate water supply and sewage disposal system; This statement
is true.
5) Not expected to generate excessive demand for public services at public cost; This
statement is true.
6) Compatible with the surrounding area as the area is used both presently and as it is
planned to be used in the future; The proposed restoration work within the 75 -foot
setback area will have no impact on surrounding lands and is intended to avoid
further damage. Drainage patterns for runoff leaving the adjacent sites will not be
significantly altered. Once completed the existing staircase and new plantings
should be the only visual changes when viewed from the lake.
7) Consistent with the character of the surrounding area, unless a change of character
is called for in the community management plan; The proposed restoration work
within the 75 -foot setback area is intended to avoid further damage. Drainage
patterns for runoff leaving the sites will not be significantly altered. The retaining
walls should be hidden behind vegetative screening when viewed from the lake.
The import and export of materials is necessary to restore the slope failure, once
completed, it will have no impact on surrounding lands. The slope, once vegetated
and landscaped should not have an adverse impact on the neighborhood or the
lake.
8) Compatible with the character of buildings and site improvements in the surrounding
area, unless a change of character is called for in the community management plan;
The applicant is proposing to remove approximately 300 cubic yards of unstable
material and replace with approximately 500 cubic yards of clean, angular soil to
stabilize the slope and aid in stormwater management. It is likely adjacent
lakeshore properties will not be impacted. The transfer of materials on and off the
site will be reviewed and monitored closely by the City's engineer to assure that
adjacent properties and the lake are not adversely impacted.
9) Not expected to substantially impair the use and enjoyment of the property in the
area or have a materially adverse impact on the property values in the area when
compared to the impairment or impact of generally permitted uses; The proposed
use of the property will not be changing as a result of the proposed grading activity
so there should be no change in the use and enjoyment of adjacent properties.
10) Provided with screening and buffering adequate to mitigate undesirable views and
activities likely to disturb surrounding uses; The finished slope will be vegetated
and landscaped; it should blend into the Property. The project, once completed,
should not result in undesirable views requiring mitigation.
11) Not create a nuisance which generates smoke, noise, glare, vibration, odors, fumes,
dust, electrical interference, general unsightliness, or other means; This statement
is true.
FILE #17-3939
15 May 2017
Page 3 of 4
12) Not cause excessive non-residential traffic on residential streets, parking needs that
cause a demonstrable inconvenience to adjoining properties, traffic congestion, or
unsafe access; the Applicants will be required to keep debris off of the public
roadways. The noise resulting from the trucks hauling and equipment moving the
material in and around the site should be minimized to the extent possible. The
grading project will be monitored by the City Engineer and planning staff so as to
minimize nuisances during the project.
13) Designed to take into account the natural, scenic, and historic features of the area
and to minimize environmental impact; The project has been designed to take into
account the natural, scenic, and historic features of the area and to minimize
environmental impact. The long term effect of the project should result in minimal
environmental impacts. The project will be monitored by the City to prevent
erosion from the site.
14) All exterior lighting shall be so directed so as not to cast glare toward or onto the
public right-of-way or neighboring residential uses or districts; there should be no
lighting or glare resulting from the grading project; and
15) Not detrimental to the public health, public safety, or general welfare. This statement
is 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.
Septic System Status
The property is served by City sewer.
Engineer Comments
The consulting City engineer has reviewed the submitted information and provided the
following comments: The information that has been provided by the applicant indicates that the
proposed improvements include more detailed and complex solutions to deal with site drainage
and slope stabilization than we had originally anticipated. Since the scope of work now includes
infrastructure along with grading and vegetation, it is recommended, that the applicant have the
proposed improvements reviewed and approved by a licensed professional engineer to ensure
that site specific conditions such as drainage area and soil conditions are adequately considered
in the location, sizing, and installation of the proposed infrastructure.
Conditional Use Permit Analysis
Staff finds the restoration of the slope failure areas to be necessary and the intended finished
product is consistent with the City's goals for natural looking shorelines. However, the
applicant's plans appear to incorporate some "engineering solutions" which are not designed by
an engineer. The City Code in Section 78-1283 regarding Steep Slopes states: Any applicant
requesting a permitfor construction of sewage treatment systems, roads, driveways, structures
or other improvements on steep slopes shall provide adequate information to allow the city to
evaluate possible soil erosion impacts and development of visibility from public waters before
such permit may be issued. When determined necessary, conditions shall be attached to issued
permits to prevent erosion and preserve existing vegetation screening of structures, vehicles and
FILE #17-3939
15 May 2017
Page 4 of 4
otherfacilities as viewedfrom the surface of public waters, assuming summer, leaf -on
vegetation. Staff seeks verification from a licensed engineer that the proposed solution will
effectively stabilize the slope.
Public Comments
To date, no public comments have been received.
Issues for Consideration
1. Does the Planning Commission find that that the property owner proposes to use the
property in a reasonable manner which is not permitted by an official control?
2. Does the Planning Commission find that the variance(s), if granted, will not alter
the essential character of the neighborhood?
3. Does the Commission find it necessary to impose conditions in order to mitigate the
impacts created by the granting of the requested variance(s)?
4. Are there any other issues or concerns with this application?
Planning Staff Recommendation
The applicant has shared with staff their difficulties in finding an engineer willing to design a
restoration of the failure areas that did not involve completely denuding the slope and making a
significant cut into their yard to restore the areas.
Staff recommends approval of the CUP. Based the on Code Section 78-1283 and the City
engineer's comments staff also recommends the applicant provide a restoration plan designed
and certified by a registered engineer.
List of Exhibits
Exhibit A.
Application
Exhibit B.
Existing Survey
Exhibit C.
Proposed Plans
Exhibit D.
Hardcover Calculations
Exhibit E.
Plant List
Exhibit F.
Site Photos
Exhibit G.
Aerial Photos
Exhibit H.
Property Owners List
Exhibit /.
Plat Map
From: Robert Bean
To: David P. Martini; Melanie Curtis
Cc: Jeremy Barnha
Subject: RE: Please review for: 2807 Casco Pt Rd / #17-3939
Date: Wednesday, June 07, 2017 8:31:02 AM
Melanie,
I have completed review of the information submitted. I only have one comment for City
consideration. Surface overflows should be provided in the proposed berms to accommodate
extreme events (greater than a 100 year 24 hour event). The elevation of the overflow should be
placed at the predicted 100 year high water level, and the overflow should be armored with erosion
control blanket from the overflow to the lake to minimize erosion potential. If you have any
questions or comments, please contact me to discuss.
Thanks,
Robert E Bean Jr. P.E.
Water Resources Project Engineer
Bolton & Menk, Inc.
2638 Shadow Lane
Suite 200
Chaska, MN 55318-1172
Phone: 952-448-8838 ext. 2892
Mobile: 612-756-3184
Bolton-Menk-com
From: David Martini
Sent: Tuesday, June 06, 2017 3:36 PM
To: Robert Bean <bobbe@bolton-menk.com>
Subject: FW: Please review for: 2807 Casco Pt Rd / #17-3939
Bob,
Can you take a look at this?
David P Martini P.E.
Bolton & Menk, Inc.
Phone: 952-448-8838 ext. 2458
Mobile: 612-756-4315
davidmaPbolton-menk.com
From: Melanie Curtis [mai Ito: MCurtisPci.orono.mn. us]
Sent: Tuesday, June 6, 2017 8:59 AM
To: David Martini <davidma(@bolton-menk.com>
Cc: Adam Edwards <aedwards@ci.orono.mn.us>; Jeremy Barnhart <jbarnhart@ci.orono.mn.us>
Subject: Please review for: 2807 Casco Pt Rd / #17-3939
Dave
I've attached the new information from the application regarding the slope repair. Please review and
provide comment before Thursday if possible for this Monday's council meeting. I've also attached the
planning commission action notice and draft PC minutes (below) for your information.
PC Minutes Removed From Email in Council Packet
From: John Bailey [mailto.johnbaileyjr@mchsi.coml
Sent: Tuesday, June 06, 2017 8:44 AM
To: Melanie Curtis <MCurtis@ci.orono.nm.us>
Cc: 'Ron Anderson' <randerson@finalgrade. com>
Subject: Re: PC Action Notice for 2807 Casco Pt Rd / #17-3939
Good Morning Melanie,
Regarding documentation requested for placement on the City Council agenda, The soil boring
report and engineer's opinion on drainage for the subsurface drainage system are attached. Sorry for
missing yesterday's submittal deadline and appreciate the grace allowed in your yesterday's email to
Ron. I trust this submittal completes what is needed for next weeks Council Meeting. If there is
anything further, please call Ron or 1.
Thanks,
John 612-860-0651
AGENDAITEM
Item No.: 23
Date: June 12, 2017
Item Description: #17-3940, Jason & Analise Peterson, 4105 Highwood Road,
Variances
Presenter: Melanie Curtis Agenda Planning Department
Planner Section: Report
Purpose. This application is regarding variances to rebuild a new home on the property.
2. MN§15.99 Application Deadline. The application was received on April 19; it was considered
as complete on May 3'. Therefore the 60 -Day review period expires on July 2, 2017.
3. Background. The applicants wish to remove the existing home which sits about 43 feet from the
lake and construct a new home to be attached to the existing garage (constructed with variances in
1996).
The new home is to be 5.2 feet from the west property line. The home will maintain a 10 foot
setback from the east property line, and be approximately 77 feet from the lake. A three -tiered
wood deck was originally proposed to follow the 75 setback line. However, the Planning
Commission, siting a desire to be logical, recommended the applicant make changes resulting in
the deck encroaching more toward the lake; 7 feet into the 75 -foot setback, as shown on the
revised Plans (Exhibit B). The southeast comer of the home will encroach into the average
lakeshore setback line approximately 5 feet, the deck in this location will encroach approximately
15 feet (approximately 3 feet more than originally proposed). The proposal results in 28%
hardcover. Additionally, the new home will be attached to the existing 3 level detached garage.
Because of the existing topography and the garage height, the new home will be 32 feet in
defined height where 30 feet is permitted.
4. Planning Commission Comment. On May 15, the Planning Commission held a public hearing
and reviewed the application. Following the public hearing the Commission voted 5 to 0 to
recommend as follows:
a. Denial of the 2 foot side setback for the tiered decks.
b. Approval of a side yard setback variance for the new home and tiered decks to be set
back 5 feet where a I 0 -foot setback is required.
c. Approval of a hardcover variance to permit 28% hardcover where 34% exists and 25% is
allowed.
d. Approval of a lake setback variance to permit the tiered decks to encroach as much as 7
feet into the 75 -foot lake setback, as well as a hardcover variance for the portions of deck
within the 75 -foot setback.
e. Approval of an average lakeshore setback variance to permit the new home and tiered
decks to encroach as much as 15 feet lakeward of the average lakeshore setback line; and
f. A variance to permit a defined principal structure height of 32 feet resulting from the
connection of the new home to the existing garage.
5. Public Comment. Comments from neighbors were received before the public hearing.
Additional comments from the public were received regarding this application; those comments
are attached as Exhibit F.
6. Staff Recommendation. Staff recommendation differs slightly from the Planning Comi-nission's
recommendation. Staff recommendation is as follows:
Prepared By: V'YIGG Reviewed By: J. Bamhart Approved By:
AGENDAITEM
a. Denial of the 2 foot side setback for the tiered decks.
b. Approval of a side yard setback variance for the new home and tiered decks to be set
back 5 feet fi7om the side lot line where a I 0 -foot setback is required.
c. Approval of a hardcover variance to permit 28% hardcover where 34% exists and 25% is
allowed.
d. Denial of a lake setback variance to permit the tiered decks to encroach into the 75 -foot
lake setback, as well as denial of a hardcover variance for the ±90 square foot portions of
deck within the 75 -foot setback (as modified by the Commission).
e. Approval of an average lakeshore setback variance to permit the new home and tiered
decks to encroach as originally proposed - as much as 12 feet lakeward of the average
lakeshore setback line; and
f. A variance to permit a defined principal structure height of 32 feet resulting from the
connection of the new home to the existing garage.
COUNCIL ACTION REQUESTED
Council should direct staff to draft a resolution reflecting your decision to be adopted at the June 26'
meeting.
Exhibits
Exhibit A.
Revised Plans & Hardcover CaIcs
Exhibit B.
Original Proposed Plans
Exhibit C.
PC Staff Report
Exhibit D.
Draft PC Minutes
Exhibit E.
Additional public comment
References
PC Exhibits May 15, 2017:
A. Application
B. Practical Difficulties Documentation Form
C. Narrative & Additional Materials from Applicant
D. Proposed Plans and Elevations
E. Proposed Survey/Site Plan
F. Submitted Hardcover Calculations
G. Drainage Information
H. City Engineer Comment
1. Height Analysis
J. Plat Map
K. Property Owners List
L. Aerial Photos
Prepared By: VY)GG Reviewed By: J. Barnhart Approved By: Nz
CERTIFICATE OF SURVEY
LEGAL DESCRIPTION:
LOT 16, HIGHWOOD LAKE LEGEND:
-PREPARED FOR. FOUND IRON PIPE
MINNETONKA, HENNEPIN COUNTY,
MINNESOTA JASON PETERSON 0 (AS NOTED)
Ak
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SET SURVEY NAIL
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Scale, In Feet SANITARY SEWER
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EXISTING CONCRETE SURFACE
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GARAGE TO
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GFE=964.3
958 (ODOOR) BITUMINOUS SURFACE
95
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NOTES:
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1) THIS SURVEY WAS PERFORMED WITHOUT THE
BENEFIT OF A TITLE INSURANCE COMMITMENT.
2) P.I.D.: 07-117-23-44-0014
3) PARCEL AREA: 8,377 SQUARE FEET (ABOVE
ORDINARY HIGH WATER LINE OF LAKE MINNETONKA) 2' PIPE
OD
4) BEARING BASIS IS ASSUMED.
50
5) DATE OF FIELDWORK: 4-18-2017
6) ELEVATION DATUM: NAVID 88, BY GPS
OBSERVATION
7) DRAINTILE TO BE INSTALLED ALONG EAST AND
WEST SIDES OF FOUNDATION — OUTLET TO PROPOSED
RAIN GARDENS CERTIFICATION
HARDCOVER CALCULATIONS:
I hereby certify that this survey, plan, or report
PROPOSED DRIVEWAY 429 SQ. FT. was prepared by me or under my direct
EXISTING GARAGE 618 SQ. FT. supervision and that I am a duly Licensed Land
PROPOSED HOUSE 1076 SQ. FT. Surveyor under the laws of the state of
WOOD DECK 228 SQ. FT. * Minnesota.
BOARDWALK 118 SQ. FT. *
PUMPHOUSE 20 SQ. FT. Z'//
SIGNED
*DECK AND BOARDWALK BOTH PROPOSED WITH Travis W. Van Neste, Minnesota Professional Surveyor #44109
GAPPED BOARDS (PERVIOUS) Michigan Professional Surveyor #46695
JOB # 2017022 ISSUED: 4-18-2017
TOTAL: 2,489 SQ. FT.
—100 SQ. FT. (PERVIOUS) DRAWN BY: TWVN REV: 6-1-2017
SCALE: 1 20 FEET
TOTAL 2,389 OR 28.5% 1
VAN NESTE SURVEYING
PROFESSIONAL SURVEYING SERVICES
85 WILDHURST ROAD EXCELSIOR, MN 55331 VNS
PHONE (952) 686-3055 TOLL—FREE FAX (866) 473-0120
WWW.VANNESTESURVEYING.COM SHEET 1 OF 1
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---------- X POST CAP ON roxro P.T. POST ON
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------------
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----------
--------------
32"x32"x12" GONG. FOOTING, -- — — — — — — — \
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drafting and home design
�330 Thomas Avenue North
13rookl�n Park, MN 55444
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dedication to excellence
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NOTE -
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AS NEEDED
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I
NEW ENTRY
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MII
7
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2 - *E� CONTINUOUS IRE-BAIR
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FIELD)
5" THICK x (3'-0" GONG, FOUND./
WITH FLOOR LEDGE ON
24"xlO" GONG. FOOTING WITH
2 - 05 CONTINUOUS RE-BAIR
(VERIFY GRADE IN FIELD)
7 V 7 V V V
---- --------------------------------- -----
2xIO P.T. LEDGER BOARD, ATTACH
TO CONCRETE FOUNDATION WITH
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STAGGERED
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---- ---- 2 2x1O P.T. FLUSH BEAM WITH METAL Q
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----------
--------------
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SCALE 1/4 I,_OIl
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'.000
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drafting and home design
�330 Thomas Avenue North
13rookl�n Park, MN 55444
Office 163-424-3616
Cell �52-SS4-8216
dedication to excellence
Prepared o�:
Todd Of sthun
Office 163-424-361(o
Cell S52-SS4-8216
toddatcodesign,net
-sN
CO DESIC
drafting and home design
CO DESIGN
drafting and home design
S330 Thomas Avenue North
Brookl�n Park, MN 5�444
Office 163-424-3616
Cell S52-Se4-821&
dedication to excellence
Prepared b�:
Todd Ofsthun
Office 163-424-367(o
Cell e�2-eS4-621(o
toddetcodeelen.ret
Plan Date
w
LU
TCO DESIGN
drafting ard home design
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kFSH0
City of Orono
Hardcover Calculation Worksheet
Property Address:
Prepared by:
Date:
Stormwater Quality Overlay District Tier: (Circle one) Tier 1 Tier 2 Tier 3 Tier 4 Tier 5
Step 1: EXISTING 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 within the 75' setback line
and calculate hardcover square footage separately for each portion.
Key to Hardcover Item (Describe) Length x Width
Survey
Total
(Square Feet)
(Example) (Garage) (24' x 30')
(720 S.F.)_
A
S. F.
B
S. F.
C
S. F.
D
S. F.
E
S. F.
F
S. F.
G
S. F.
H
S. F.
I
S. F.
i
S. F.
K
S. F.
L
S. F.
M
S. F.
N
S. F.
0
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. E
z
S.Fd.
(1) Total Existing Hardcover
S.F.
Excludable Hardcover (See City Code Sec 78-1684):
S. F.
S. F.
S. F.
S. F.
(2) Total Excludable Hardcover 7
1
(3) Net Existing Hardcover [Subtract line (2) from line (1)]
11 S. F.
(4) Total Lot Area
S. F.
Existing Hardcover Percentage (3) (4)
%
(Proposed Hardcover next page)
Variance Application — January 2017
Page 11
kFSH0
City of Orono
Hardcover Calculation Worksheet
Property Address:
Prepared by:
Date:
Stormwater Quality Overlay District Tier: (Circle one) Tier 1 Tier 2 Tier 3 Tier 4 Tier 5
Step 2: PROPOSED HARDCOVER
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 within the 75' setback line and
calculate hardcover square footage separately for each portion.
Key to Hardcover Item (Describe) Length x Width
Survey
Total
(Square Feet)
(Example) (Garage) (24' x 30')
(720 S.F.)
A
S. F.
B
S. F.
C
S. F.
D
S. F.
E
S. F.
F
S. F.
G
S. F.
H
S. F.
I
S. F.
i
S. F.
K
S. F.
L
S. F.
M
S. F.
N
S. F.
0
S.F.
P
S.F.
Q
S.. .
R
S.F.-
S
S.F.
T
S.F.
U
S.F.
V
S.. .
W
S.F.
X
S.F.
Y
S.F.
z
S.F.
(1) Total Proposed Hardcover =1
S.F.�
Excludable Hardcover (See City Code Sec 78-1684):
S.F.-
S.F.
S.F.
S.F.
S.F._j
(2) Total Excludable Hardcover
S. F.
(3) Net Proposed Hardcover [Subtract line (2) from line (1)]
S. F.
(4) Total Lot Area
S. F.
Proposed Hardcover Percentage (3) (4)
%
Variance Application - January 2017
Page 12
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EXISTING GARAGE
W W -AA -4 - - - - - - -
1B ro 0
---------------------------------- e,50
------ ------ ---------------------- c340
RECEIVED
MAY P) 117
CITY OF OR—,
71
-- -- - - - - - - - - - - -
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- - - - - - - - - - -
EXISTING GARAGE
,Belo
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - I
e-40 ------------ ------ ------ ------ ---
PROPOSED HOME
WEST ELEVATION
&C -ALE 1/0" = I'-0"
RECEWED
MAY 09 701 e
CITY OF ORON
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— — — — — — — — — — —
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RECEIVED
MAY P) 117
CITY OF OR—,
Date Application Received: 04/19/17
Date Application Considered as Complete: 05/03/17
60 -Day Review Period Expires: 07/02/17
To: Chair Thiesse and Planning Commission Members
Doug Reeder, Interim City Administrator
From: Melanie Curtis, Planner YYIGG
Date: 15 May 2017
Subject: #17-3940, Jason & Anelise Peterson, 4105 Highwood Road,
Variances
Public Hearing
Application Summary: The applicants are requesting the following in order to construct a new
home to be attached to the existing garage:
1. Side yard setback variances for the new home and tiered decks;
2. An average lakeshore setback variance for the new home and tiered decks;
3. A hardcover variance to permit 28% hardcover where 34% exists and 25% is allowed;
and
4. A variance from the defined hei6t of 30 feet.
Staff Recommendation: Planning Department Staff recommends approval of the setback and
height variances for the home. Staff recommends denial of the setback variance to permit a 2
foot setback for the deck and the hardcover variance. See Page 6.
Background
The applicants are purchasing the subject property. They wish to remove the existing home
which sits about 43 feet from the lake and construct a new home to be attached to the existing
garage (constructed with variances in 1996). The new home is to be 5.2 feet from the west
property line (10 feet required) The home will maintain a 10 foot setback from the east property
line, and be approximately 77 feet from the lake. A wood deck is proposed to follow the 75
setback line, but will not encroach into this lake yard. The southeast corner of the home will
encroach into the average lakeshore setback line approximately 5 feet, the deck in this location
will encroach approximately 12 feet. The proposal results in 28% hardcover, a reduction from
the existing 34%. Additionally, the new home will be attached to the existing 3 level detached
garage, the new home will be 32 feet in defined height where 30 feet is permitted.
FILE #17-3940
15 May 2017
Page 2 of 6
LOT ANALYSIS WORKSHEET
Section 78-330 - Setbacks:
LR -1B
Required
Existing
Proposed
Rear/Street
30'
25' garage
54'house
East Side
10,
14.5' garage
10'house
Hardcover
Hardcover
Hardcover
5' house
West Side
10,
3' garage
2' 3 -level deck
Lakeshore
75'
43'house
76'house
2,342 s.f.
The existing home encroaches entirely lakeward of the
8,377 s.f.
average lakeshore setback line. The proposed home
Average Lakeshore
(27.9%)
will have a 12 foot encroachment for the deck, and a
5.3 foot encroachment for the home.
Section 78-330 - Lot Area/Width:
LR -1B Lot Area Lot Width
Required 43,560 s.f. (1.0 acres) 140'
Actual 8,377 s.f. (0.19 acre) 51' @ OHWL / 48' @ 75' SB
Section 78-1403- Structural Coverage:
The proposed tiered lakeside decks do not have a roof and therefore are not considered
structural coverage.
Total Lot Area
Total Structural Coverage
8,377 s.f. (0.19 acre)
Allowed: 2,000 s.f. *
Proposed: 1,684 s.f.**
*78-1403(c)(2) On lots of less than 10,000 squarefeet in area, the total combinedfootprints of
all principal and accessory structures shall not exceed 2,000 squarefeet.
** 78-1403(b) Calculation of massing. Thefollowing shall be included in the calculation of the
total combined footprints by structures:
(1)Allroofe structures where the highest point of the roof is more than six feet above existing
ground level.
Section 78-1700 -Hardcover Calculations:
Stormwater
Total Area in
Allowed
Existing
Proposed
Overlay District
Zone
Hardcover
Hardcover
Hardcover
Tier
2,094 s.f.
2,837 s.f.
2,342 s.f.
Tier 1
8,377 s.f.
(25 %)
(33.9%)
(27.9%)
Applicable Regulations:
Side Setback Variance (Section 78-330)
The applicants are proposing to connect the new home to the existing garage. They are
offsetting the house to improve the substandard setback set by the garage by approximately 2
feet. A setback variance is needed as the required setback is 10 feet; the proposed setback for
FILE #17-3940
15 May 2017
Page 3 of 6
the home is 5 feet. Additionally the three tiered lakeside deck proposed is set back 2 feet from
the side lot line where a 10 foot setback is required.
Defined Height Variance (Sections 78-1 & 78-330)
The lot slopes from the road to the lake significantly. In the location of the proposed building
pad (garage + house) the slope is 20%. The existing garage measured alone has a defined height
of 22 feet; the new home measured alone has a defined height of 30 feet. Because the
applicants are proposing to connect the new home to the existing detached garage they must be
measured together; the new building height is now defined as 32 feet. The garage height is not
proposed to be increased. City Code Section 78-1366 allows for the height of structures on lots
with a 25% or greater slope in the location of the building pad to increase by 12 feet in height
over the 30 foot limitation. This lot has a 20% slope in the building pad location.
Average Lakeshore Setback Variance (Section 78-1279)
The existing home to be removed is detached from the garage and is situated entirely within the
75 -foot lake setback. The new home will comply with the lake setback requirement but will be
slightly lakeward of the average lakeshore setback. The home will encroach 5.3 feet lakeward of
the average lakeshore setback line; the attached multitier decks will encroach as much as 12
feet lakeward of the average lakeshore setback.
Hardcover Variance (Section 78-1700)
The applicants' proposal results in a reduction from existing hardcover — both in the 0 -75 -foot
zone and for the property overall. However, they are requesting a variance to permit
approximately 28% hardcover. They have provided some solutions for stormwater mitigation to
offset the requested variance (see Exhibit G).
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 offire, risk to the public safety, and the effect
on values of property in the surrounding area. The Planning Commission shall consider
recommending approvalfor 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 IVIN §462.537 Subd. 6(2) variances shall only be permitted when:
1. The variance is in harmony with the general intent and purpose of the Ordinance. The
proposed new home is residential in nature. Due to the separation distance between
the adjacent homes, there is adequate space for light, air and open space between the
FILE #17-3940
15 May 2017
Page 4 of 6
addition and the neighboring homes. The lake setback of the proposed home is an
improvement over the existing. The variance is in harmony with the Ordinance.
2. The variance is consistent with the comprehensive plan. The setback variances allowing
construction of a single family residence in a residential zone are consistent with the
Comprehensive Plan as well as the character of the neighborhood. The variance to
permit a hardcover level exceeding the 25% allowance is inconsistent with the
comprehensive plan's lake protection philosophy.
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 request to permit construction of a new
home with a tiered deck, within the 10 foot side setback appears to be
reasonable as the adjacent properties do not appear to be adversely
impacted; the mature vegetation and topography separate the Property from
adjacent neighbors. The height of the new portion of the home will be lower
than the existing garage to which it is being connected.
b. There are circumstances unique to the property not created by the landowner;
The height of the existing garage, the slope, the shape and size of the property
were not the result of actions by the applicants. The nearest structures on the
neighboring properties are offset and set back sufficiently to allow for light, air,
and open space between each of the homes; and
c. The variance will not alter the essential character of the locality. The setbacks or
defined height of the proposed new home will not alter the character of the
neighborhood. The setback of the proposed tiered decks should be adjusted to
meet the 5 -foot setback of the home. The proposed open post construction of
the tiered decks will permit drainage to be maintained. Stormwater drainage in
this neighborhood is challenging.
Additionally City Code 78-123 provides additional parameters within which a variance may
be granted as follows:
4. Economic considerations alone do not constitute practical difficulties. Economic
considerations have not been a factor in the variance approval determination.
5. Practical difficulties also include but are not limited to inadequate access to direct sunlight
for solar energy systems. Variances shall be granted for earth -sheltered construction as
defined in Minn. Stat. § 216C.06, subd. 2, when in harmony with Orono City Code Chapter
78. This condition is not applicable.
6. The board or the council may not permit as a variance any use that is not permitted under
Orono City Code Chapter 78 for property in the zone where the affected person's land is
located. This condition is not applicable, as the use for a residence is an allowed use in
the LR -113 District.
7. The board or council may permit as a variance the temporary use of a one -family dwelling
as a two-family dwelling. This condition is not applicable.
8. The special conditions applying to the structure or land in question are peculiar to such
property or immediately adjoining property. The topography, lot width, and the garage's
proximity and orientation to the property line are special conditions unique to the
property.
9. The conditions do not apply generally to other land or structures in the district in which
the land is located. The topography, which drops off steadily as you move toward the
FILE #17-3940
15 May 2017
Page 5 of 6
lake, the lot width narrowing from the lake toward the road, as well as the
nonconforming location of the garage on the lot make this property unique.
10. The granting of the application is necessary for the preservation and enjoyment of a
substantial property right of the applicant. Options for a conforming connection to the
existing garage are severely limited on the property. Staff finds the defined height and
setback variances for the house are necessary to preserve the property right of the
applicants. The requested hardcover variance and the additional encroachment
proposed for the tiered deck are not necessary for the preservation of a property right.
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 defined height and setback variances for the home will not adversely
impact health, safety, comfort, or morals; nor will it be contrary to the intent of the
Code. The requested hardcover variance and the setback variance to permit a 2 foot
setback for the tiered decks is contrary to the intent of the zoning chapter.
12. The granting of such variance will not merely serve as a convenience to the applicant, but
is necessary to alleviate demonstrable difficulty. The lot width; the location, height, and
size of the existing garage to be connected to; as well as site topography, create
practical difficulties affecting the Property. The setback and defined height variances
for the home are necessary and will not merely serve as a convenience to the applicants.
The requested hardcover variance and the setback variance to permit a 2 foot setback
for the tiered decks are not supported.
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.
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
There are numerous practical difficulties inherent to the property supporting the setback
variances to connect a new home to the existing garage such as the drainage, topography, the
location of the neighboring homes, the way the lot narrows as it goes from the lake to the road
restricting the buildable area to approximately 20 feet in width at the narrowest (and 21 feet
where it connects to the garage), and the location the garage to be connected.
Staff supports the setback variances to connect the home to the garage. Staff further suggests
denial of the additional setback for the tiered deck and hardcover exceeding 25%. The decks
should be reduced to match the 5 foot setback of the house; this will also reduce hardcover by at
least 67 square feet. Further staff supports the variance to the defined height.
Engineer Comments
The City's engineer has preliminarily reviewed the plans. He did not identify any concerns. He will
FILE #17-3940
15 May 2017
Page 6 of 6
conduct a more thorough review at the time of the building permit.
Public Comments
To date, no public comments have been received.
Issues for Consideration
1. Does the Planning Commission find that that the property owner proposes to use the
property in a reasonable manner which is not permitted by an official control?
2. Does the Planning Commission find that the variance(s), if granted, will not alter the
essential character of the neighborhood?
3. Does the Commission find it necessary to impose conditions in order to mitigate the
impacts created by the granting of the requested variance(s)?
4. Are there any other issues or concerns with this application?
Planning Staff Recommendation
Planning staff suggests approval of the side setback for the home to be 5 feet from the side lot
line; approval of the average lakeshore setback for the house and tiered decks. Denial of the 2
foot setback for the tiered decks; and denial of the hardcover in excess of 25%. The variance
resulting in a defined height of 32 feet is also supported.
The Planning Commission may consider the following alternative motion:
1. Approval of the requested variances as proposed: side setback for the home at 5 feet;
side setback for the tiered decks at 2 feet; average lakeshore encroachments for the home
and deck; and hardcover at 28% where 25% is permitted.
List of Exhibits
Exhibit A. Application
Exhibit B.
Practical Difficulties Documentation Form
Exhibit C.
Narrative & Additional Materials from Applicant
Exhibit D.
Proposed Plans and Elevations
Exhibit E.
Proposed Survey/Site Plan
Exhibit F.
Submitted Hardcover Calculations
Exhibit G.
Drainage Information
Exhibit H.
City Engineer Comment
Exhibit /.
Height Analysis
Exhibit J.
Plat Map
Exhibit K.
Property Owners List
Exhibit L.
Aerial Photos
CITY OF ORONO
PLANNING COMMISSION MEETING
Monday, May 15,2017
6:30 o'clock p.m.
9. 17-3940 Jason and Anelise Peterson, 4105 Highwood Road, Variance, 8:44 P.M. — 9:05
P.M.
Jason and Anelise Peterson, Applicants, were present.
Curtis stated the applicants are purchasing the subject property and wish to construct a new home to be
attached to the existing garage. The new home is to be set back 5.2 feet from the west property line
where 10 feet is required. The home will maintain the 10 -foot setback on the east property line and be
approximately 77 feet from the lake.
A tiered wood deck is proposed to be set back two feet from the west lot line and will follow the 75 -foot
setback line. It will encroach 12 feet into the average lakeshore setback. The southeast comer of the
home will encroach into the average lakeshore setback approximately five feet toward the lake. The
proposal results in 28 percent hardcover, which is a reduction from the existing 34 percent. The new
home will be attached to the existing 3 -level detached garage. Based on that garage and the topography
of the lot, it will be defined as 32 feet in height where 30 feet is allowed.
There are numerous practical difficulties inherent to the property supporting the setback variances
connecting the home to the existing garage such as drainage, topography, location of neighboring homes,
and the narrowness of the lot as it goes from the lake to the street, which restricts the buildable area to
approximately 20 feet wide at the narrowest point.
The neighbors on either side have provided supportive comments.
Staff supports the setback variances to connect the home to the garage. Staff further recommends
denial of the additional setback for the tiered deck and hardcover exceeding 25 percent. The decks
should be reduced on the west side to match the 5 -foot setback of the house. This will also reduce
hardcover by at least 67 square feet. Further, Staff supports the variance to the defined height.
The Planning Commission had no questions for Staff.
Jason Peterson, Applicant, stated this is their dream lake home and that they would like to build a nice
home for the neighborhood. The property has a number of challenges, but they are attempting to
CITY OF ORONO
PLANNING COMMISSION MEETING
Monday, May 15,2017
6:30 o'clock p.m.
complement the neighborhood with the proposed improvements. Peterson indicated they are willing to do
a significant amount of water mitigation and reduce the hardcover from 34 percent down to 28 percent.
Thiesse noted Staff has recommended denial of the deck and the setback.
Peterson indicated he is aware of that and that they are looking for a way to get the stairs down the side of
the deck. Peterson stated if there is not an option available, then they might not be able to have stairs on
the deck.
In regards to the denial on the hardcover, Peterson noted there are a number of water mitigation measures
that are being proposed. Peterson stated on the west side of the property there was some drain tile
installed, which is not draining properly and results in water going into the garage. Peterson stated they
are looking to significantly improve the drain tile and have proper water mitigation on both the west and
east side. The runoff is going into the neighbor's property currently and they are hoping to improve that.
Peterson noted this is a narrow lot and is 40 feet wide, which presents a lot of challenges. Peterson stated
he is grateful the neighbors are willing to work with them on the drainage. Peterson stated the water
mitigation they are proposing and removal of the hardcover in the 75 -foot zone is why they are asking for
a little bit more on the deck.
Thiesse asked why there is a jog in the 75 -foot setback line.
Peterson stated the surveyor has verified that that is the correct setback and that the shoreline jogs in that
area. Peterson commented they are really looking forward to being part of the community.
Chair Thiesse opened the public hearing at 8:53 p.m.
There were no public comments on this application.
Chair Thiesse closed the public hearing at 8:53 p.m.
CITY OF ORONO
PLANNING COMMISSION MEETING
Monday, May 15,2017
6:30 o'clock p.m.
Schoenzeit commented this is a tough lot, and when you look at it, by making the one side tighter, they
have one good side to work with. Schoenzeit stated with a lot that is 40 feet wide and with a building pad
that is 18 feet, it is tight to work with and something needs to happen.
Thiesse indicated he is in agreement with Commissioner Schoenzeit. Thiesse stated in his view the deck
is not very practical since it is not even four feet. Thiesse noted they are placing the whole house out of
the 75 -foot area but placing the deck within the 0-75 foot zone.
Olson commented the deck is also oddly shaped.
Peterson concurred the deck is awkward, and if they are not going to be able to have the steps on the west
side due to the encroachment, they maybe could look at redesigning it. Peterson noted it is
approximately 15 feet up and that they would like to have stairs going down.
Thiesse stated he hates to meet the intent of the ordinance simply to meet the intent of the ordinance and
then not be able to use what they have.
Schwingler commented it is a great improvement to the property and decreases the hardcover. Schwinger
stated in his view there is a practical difficulty.
Schoenzeit stated by giving them some credit for keeping the five feet, they could maybe have more on
the lakeside. Schoenzeit stated the way to go would be to have a normal shaped deck that is six or eight
feet lakeward of the end of the house but not going past the 5 -foot line.
Thiesse noted eight feet is not very much but that they would be able to have a round table with some
chairs on it. Thiesse stated he would prefer to have a usable deck.
Schoenzeit stated he would prefer not to have anything within the 5 -foot setback and that they could
redesign it to come off the end of the house.
Schwingler moved, Leskinen seconded, to recommend approval of Application No. 17-3940, Jason
and Anelisa Peterson, 4105 Highwood Road, granting of a height variance, granting of side yard
CITY OF ORONO
PLANNING COMMISSION MEETING
Monday, May 15,2017
6:30 o'clock p.m.
setback variances for the new home and deck, granting of a hardcover variance as proposed at 225
square feet, and granting of a lakeshore setback variance for the redesigned tiered deck, with none
of the deck or stairs encroaching into the 5 -foot setback. VOTE: Ayes 5, Nays 0.
From: Germundsen, Gary
To: Melanie Curtis
Subject: FW: 4105 Highwood.
Date: Tuesday, June 06, 2017 4:48:14 PM
Melanie, sorry for confusion. This should have corrected everything. Thanks Gary
From: Stone, Kristin
Sent: Tuesday, June 06, 2017 3:57 IPM
To: Germundsen, Gary
Subject: FW: 4105 Highwood.
Melanie Curtis, Planner, City of Orono. Per our conversation regarding the proposed changes of the
house at 4105 Highwood Drive. I have some major concerns as to the following issues based on
their survey dated 6/01/2017. The proposed new addition and decking go into the 75 foot setback
line and slight set back from the lake. All the properties to the east including mine, at 4101
Highwood and the neighbor to the west are both behind those lines! His land cover is proposed to
increase to 28% versus 25% code. We all have had to reduce are hardcover in our lots. At the
planning council, they suggested that he add more decking, 10 X20 sq. ft. and square off the deck of
which owner hadn't proposed. This is a 3 level house structure where the end of the house goes
thru the slight line and is close to 75 set backline. The house goes straight up at the end of the house
goes by 30 feet up., not including the new proposed deck so a lot of the sun in the west will
be blocked from coming into my yard and to the neighbor's of mine the east lot. Due to the over
height house and now with the proposed decking and square off the deck it really effects the view
and in future value of the property due to the new layout . I understand that decking is now viewed
as a structure to the house, that is and you could put a screen porch up which would really effect the
view. At this time they are proposing 3 decks. I did just get a copy of the plan for the basement only
which I understand is layout of the new decking, he showed me some of their proposed changes of
which was discussed of which I disagree with! I have talked to the new possible owners and meet
with Jason, over my concerns and ask them to come back with any suggestion that we can look at
and discuss. I haven't heard from them. I think the best move would be to move the House back to
fit zoning lines! It would be in the best interest of both parties. It looks like a nice except for all of
these changes proposed. My lot and building has no issues on as to restrict their views as they look
to the east from their house. They have maxed out the lot for building coverage. I would appreciate
the Mayor and Council to review my concerns of approving of this new possible plan for the new
owner, Regards, Owner, Gary Germundsen, cell 612-791-8888
From: Jason Peterson
To: Melanie Curtis
Subject: Re: Council Action Notice for 17-3940 / 4105 Highwood Rd
Date: Friday, June 09, 2017 4:57:20 PM
Attachments: Exibit F- Resr)onse to 4101 Comments.docx
Hi Melanie,
Thank you for sending this. Can you help explain what is preventing from having a
resolution drafted? Maybe it is standard SOP not to have until the council meeting on
Monday? We are obviously a race on the clock for the build this summer to get wrapped up
prior to winter so wondering if we can still submit the Building/demo Permit application
following the decision from the council or would we now then have to hold back until 6/26?
am just trying to understand the next steps and timing as new to this so thank you.
We were gathering everything together and shooting for 6/15 to submit permits.
In response to the email in Exibit E. I am requesting that an additional exibit F would be added
to the file. It would only be fair that the council has the opportunity to review my side and
response to such false and misleading comments. I also will plan to review them at the
meeting. In the meantime I have had nothing but lots of communication and made many
accommodations in this project to reduce sight lines etc ... with neighbors.
Thank you for clarifying and will see you on Monday.
Jason
On Fri, Jun 9, 2017 at 9:43 AM, Melanie Curtis <MCurtisgci.orono.mn.us> wrote:
Please see the attached agenda and staff report for Monday's Council meeting. Please note, I did not
draft a resolution. If the council gives direction I will draft a resolution for adoption at the June 26th
meeting.
Let me know if you have questions. The meeting begins at 7PM. Please plan to attend.
Thank you!
Melanie
Melanie Curtis, Planner
Direct 952.249.4627
Planning & Zoning Office 952.249.4620
2750 Kelley Parkway, Orono, IVIN 55356
Email: rncurtisCa).ci.orono.rnn.us
Website: www.ci.orono.mn.us
SUMMER HOURS (May 22 through Labor Day)
Monday through Thursday 7:30 AM to 5 PM; Fridays 7:30 to 11:30 AM
6-9-2017
Dear Melanie and City of Orono: Please add the following Exibit F as a response to the comments below
exibit E from 4101 Highwood. I would appreciate having the opportunity for the council in review of the
file to also have our the fair opportunity to respond. Thank you
IF"Mn' StOnt, KrWm
S&rd,j Tuesday, 1kine (16, 2017 1.57 PM
To, Germurmdsm, Gary
SUIII)MI! FW: 4105 Wkwood-
Melanie Cuirti% PlanirkeF. CitV Of Orono. Per cmroonversation regardingthlevtoposed chanpos of the
hemie at 41(Y.5 H iglhwbbd DrivE�. I have some, rViajor tbr*teent as to the fbi lowing issues based on
their tur%,ey dated G/D11201 7- The proposed new addition and decking go into the 7S Foot setback
line arrd slight sat back from the lake- All the properties to the east including minio, at 4101
H ighwood a nd the neigh bor to the wast ary both b-alhi nd t hose lines! H is land cover is proposed to
increase to 28% versus 25% code. We all have had to reduce are haFdrorweF in Our lots- At the
9 planning council, they suggested that he add more deckiing, ID X20 s4l. ft- and si� ua re off the deck of
which owner hadn't proposed- This is a 3 lervell house structure where the end of the house goes
thFU the slight. line and is close to 75 set barkli ne. The house pgbe� Stra ight uIp at the end of the llhouse�
n goes by 30 feet up-, not i ncluding the new proposed deck Ab a lot &f the su n in the West will
be bBcknd from rciming into my yard and to the neighbor's of rnine- the east lot. Due to the &Jer
height house and now with the proposed decking and square off the dock it n2a Ily effects the view
arbd in future val ue of the property due to the new layout - I understand that decki ng is now vk-wed
as a structuine to the house, that is and you could put a screen pmxch up which would really 06act the
view. At this 1i me they a re ptoposing 3 decks. I did just get a copy Of the Plan for the basement only
which I undatsta nd is lavaut of the now derking, he showed me some of tha�ir proposed changes of
which was discussed of which I d isagree with! i have talked to the new po&Mbla owners and rneat
with Jason, over my concerns and ask thern to come back with any �uggestiion that wt can look at
4 arwd disrus�_ I haven't heard from them- ithirkktFm�b-i�!ttrh&wq�w-ouldbetbmovL�thL!'H[5uj.L�bi�CktC3
fit zoning lines! It veould be in the be -At intereit orf both parties. ItIDbk-tlikeanir,2i2xrL�ptfbrallbf
these chi�ngias proposed- My lot and building has rho issue� on 2S to restrict tl1�2iir vkws as they look
5 tin the east firomithairhouse- They have rnaxed ourt the lot for build ing coverage- I would apiprodate
the mayor and council bo reAL-w rny concerriS DfapPFOVing of this new pimi ble plan forthenew
owner, Rega rds,. Owner , G ary Germ u ndsen, cell 612-713 I -88M
Response to the 5 items:
See * IMAGE 1 below. Most important is the sight lines in this entire project are significantly
being improved for all neighbors and to benefit the most is 4101 highwood (Gary -Owner
comments above). The sight lines are going from existing solid home structure 2.5 feet from east
property line blocking 48.6 feet of view. The proposed deck will be +/- 18 feet from the east
property line and 10 feet of deck with highvisibility railing (See image 2 below that was also
provided to Gary) to help support the view even further. That is an increase of 38 feet to view
nature. In addition, the proposed hardcover will be reducing what is existing at 34% to 28% that
is an 18% reduction in hardcover. Furthermore we are removing 1,533 sq ft of the existing
hardcover that is within the 75 foot set back and we are reducing the hardcover within the 75
foot set back by 94%. The Planning commission recognized having a 3.5ft initial walk out of deck
and the odd angle is not optimal for a normal deck on a home and recommended to have it be
square to sit a normal table thus having it be 10 feet. Also per survey you can clearly see that
the home 4101 is set back +/- 16 feet behind the 75 foot set back resulting in an inadvertent
hardship for sight line set backs on this lot.
2. Planning Council did not recommend any increase to the sq footage of the decking and the new
proposed deck is the same size. They recommended a "reconfigu ration". See the actual
meeting minutes on what was discussed>
a. Meeting Minutes copied from applicatioli: Thiesse indicated he is in agreement with
Commissioner Schoenzeit. Thiesse stated in his view the deck is not very practical since
it is not even four feet. Thiesse noted they are placing the whole house out of the 75 -
foot area but placing the deck within the 0-75 foot zone. Olson commented the deck is
also oddly shaped. Peterson concurred the deck is awkward, and if they are not going to
be able to have the steps on the west side due to the encroachment, they maybe could
look at redesigning it. Peterson noted it is approximately15 feet up and that they would
like to have stairs going down. Thiesse stated he hates to meet the intent of the
ordinance simply to meet the intent of the ordinance and then not be able to use what
they have. Schwingler commented it is a great improvement to the property and
decreases the hardcover. Schwinger stated in his view there is a practical difficulty.
Schoenzeit stated by giving them some credit for keeping the five feet, they could
maybe have more on the lakeside. Schoenzeit stated the way to go would be to have a
normal shaped deck that is six or eight feet lakeward of the end of the house but not
going past the 5 -foot line. Thiesse noted eight feet is not very much but that they would
be able to have a round table with some chairs on it. Thiesse stated he would prefer to
have a usable deck. Schoenzeit stated he would prefer not to have anything within the
5 -foot setback and that they could redesign it to come off the end of the house.
3. The new construction of the home is in full height compliance and the home is 2 level and
basement to be clear. I have made many accommodations to reduce the height as much as the
architect said is possible due to elevations with connecting to the garage. We have also reduced
the pitch and made cut outs in the corner on south east and west side 5 feet which involves
significantly more expenses although this was done in the design for me to help provide greater
line of sight of the home to the neighbors especially to the east 4101 Highwood to help all in
the spirt to be neighborly even though we are in compliance. We also updated the design to
move the footprint of home further to the west so there is no side variance on the east which
was out of a request of 4101 neighbor.
4. 1 have provided nothing but consistent communication and stopped over to the site many times
and responded with many compromises and efforts as I stated to work Together on the project
not build walls with neighbors that is part of my foundation in all this project. My wife and I
even dropped of a card and wine stating how we appreciate in advance the construction
disruptions and looking forward to being neighbors. The specific comment that "I have not
Heard from HIM" is not correct as I have been in constant communication. see screen shot of
my response:
Ge hirn undse h, Ga ry
Jason, can � get together tomorrow- Did you get a chance to think about as ve discu— to rrTy issuies I'm conce,mabo a. Gary
F— 3a— Pt— [—fltc,:jaa,,dyCNq—iI—
Sent Wednesday, May 24, 2017 2:34 PM
Jason Pelr,— 1jsgtcd.y@gM.iI.-M�
to Gary -
J., 8 If day go) 4,
(CP Jiin 8 (1 day go) 4,
Ffii Gary.
The issue of he ght I a m in co m p ha nce 9 nd! having n vi� m noe and If— red uced! the p Itch after n u r co nve isatin n with the a mh rect to 7; 12 at the lowe r pa it a nd the n a ste p down afte, r ga rage a ncl
.g. in at the front of the lake. Due t. how we — lin ing up to the garage the k is not a ny other cpto ns we can do the re.
I attached a p reliminary d rawing and W ii can see it is at B foot minimu rn he�pht ti, we Ik fmm garage inti, home and that d rues. then everything else I g uess. I I— this stuff to the a rch itect.
A� for deck I cant , hysiD. Ily — the d..k ..y furth. r wa� than — have due to the slidi,g gI.— d.c,. I ap.4,. W my arch na�t and —fting off ff� —mer is --thing he did ct — — nd due
to how fum tu re wo u Id sit a nd the aesthetics to the house If that is —meth ing that is that ntiaJ I — Id suggest th at we can ta ke a look when the b uiM is happe n ing and see if that � n m rk.
5. Comment "they have maxed out the lot for coverage". That is not correct as you see in the
variance application: we are not even close to the 2,000 sqft allowable.
5ection 78-14413- Structural Coverage:
TM propDsed tiered lakeside decks dci not have a roDf and tMFeforu ar-2 not cDnsider-ed
.structu ra I cove rage.
Tqytal Lot Area
Total StrucWral Coverage
8.377 sJ- 10-19 ar-re)
Allowed: 2,1300 s.f. '
Proposed: L,GS4 s -f-'*
Image & Exibit 1:
Image 2:
4101 House is set back 17 Feet
a
\NA further than 4105 so we had t
bui Id further ta lake far anv
reasonable home
Proposed Deck semi -transparent viewing
angle 10 Feet max with high visibility
railing. Increase view angle by 38.6
Feet and Starting 18 Feet further West
7,
Exi sti ng Home
T�. I
48-6 Feet of
SOLID
STRUCTURE
AW!, "&6.1- 1 Blacking Viewing
angle and all
withing 75 foot set
& back
Thank you for understanding the efforts to accommodate neighbors while also maintaining our
own interest in the property and allowing to approve the planning commission's
recommendations.
Thankyou
Jason & Anelise Peterson
AGENDAITEM
Item No.: 24
Date: June 12, 2017
Item Description: #17-3941, Orono Public Schools/ City of Orono, 685 Old Crystal
Bay Road N, Text Amendment: School District Zoning
Presenter: Jeremy Barnhart, Cominunity Agenda Planning Department
Development Director Section: Report
1. Purpose. The purpose of this action item is to consider an amendment to the City Code making
schools a permitted use on lots 15 acres or more in the RR -IB zoning district.
2. Minnesota Statutes 15.99 Deadline. This application must be acted on by June 24, 2017
3. Background/ Summary. Orono Public Schools is operating under a conditional use permit. Due to
the nature of conditional use permits, any change or expansion requires an amendment, and initiates the
public hearing process. These changes can include outdoor plazas, leaming areas, signage, building
additions, etc. The draft ordinance would allow schools, on property 15 acres or more in size, to be
permitted uses, negating the need for public hearings on improvements, with the exception of sports
lighting, as that has an impact on surrounding properties. Schools on lots less than 15 acres would remain
permitted as a conditional use.
4. Planning Commission comment. The Planning Commission discussed the amendment at their
meeting on May 151, their draft minutes are attached as Exhibit C.
5. Public Comment. No comments for or against the proposed amendment have been received.
6. Staff Recommendation. Staff recommends approval of the ordinance as drafted.
COUNCIL ACTION REQUESTED
Motion to adopt the ordinance establishing schools on property 15 acres or larger as a permitted use.
Exhibits
Exhibit A.
Draft Ordinance
Exhibit B.
Draft PC Minutes
Exhibit C.
PC Staff Report
Prepared By: J. Bamhart
Reviewed By: J Barnhart
Approved By: W
Council
Exhibit A
17-3941
I ORDINANCE NO. THIRD SERIES
2
3 CITY OF ORONO
4 HENNEPIN COUNTY, MINNESOTA
5
6 AN ORDINANCE AMENDING THE CODE OF ORDINANCES
7 RELATED TO SCHOOL USES IN THE RR -IB ZONING DISTRICT
8
9 THE CITY COUNCIL OF ORONO ORDAINS:
10
I I SECTION 1. Section 78-417 Permitted Uses shall be amended by adding text to read as
12 follows:
13
14 8. Schools on lots 15 acres in size or greater.
15 a. Schools may include pre -kindergarten, primary and secondary public schools and -
16 private schools with a curriculum similar to a pre -kindergarten, primary or
17 secondary school. Schools may include before and after school care for students.
18 Schools are activity centers in the community requiring flexible 4pplication of
19 ordinances including special events, uses, number and size of structures. In all cases,
20 Schools shall be developed and utilized consistent with the intent of the Community
21 Management Plan, wetland, shoreland, and floodplain regulations, and not adversely
22 affect adjacent property.
23 b. Uses and structures accessory to a school mgy include garages, shelters,
24 dugouts, press boxes, storage sheds, parking, sport courts and fields, bleachers,
25 scoreboards and lighting less than 30 feet from grade and any other items customary
26 and incidental to a school.
27 c. Indoor ice arenas accessory to a high school provided the arena, including
28 accessory uses, is:
29 1. Located on the same tax parcel as the high school to which it is accessory
30 and is owned by the local school district;
31 2. Not separated from the high school building by a public road;
32 3. Operated by the school district or by a nonprofit organization; an
33 4. All structures are located at least 50 feet from any adjacent property zoned
34 for residential use.
35
36 SECTION 2. Section 78-418 Conditional Uses shall be amended by adding and deleting
37 text to read as follows:
38 (11) Schools, daycare centers, uses accessory to a high school on lots less than 15 acres.
39 a. Pre -kindergarten, primary and secondary public schools and private schools with
40 a curriculum similar to a pre -kindergarten, primary or secondary school. Schools
41 may include before and after school care for students.
42 b. Daycare centers, nursery schools and similar programs that are not associated
43 with a public or private school and serve pre -kindergarten children.
44 c. Indoor ice arenas accessory to a high school provided the arena, including
45 accessory uses, is:
46
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49
50
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1. Located on the same tax parcel as the high school to which it is accessory
and is owned by the local school district;
2. Not separated from the high school building by a public road;
3. Operated by the school district or by a nonprofit organization; and
4. All structures are located at least 50 feet from any adjacent property zoned
for residential use.
(15) Lighting where the light source is greater than 30 feet from grade.
SECTION 3. EFFECTIVE DATE: This ordinance shall take effect immediately upon its
passage and publication.
ADOPTED this _ day of _, 2017 on a vote of _ ayes and _ nays by the
City Council of Orono, Minnesota.
ATTEST:
Anna Carlson, City Clerk
Dennis Walsh, Mayor
Ordinance published in The Laker and The Pioneer newspapers the week of 2017.
4
CITY OF ORONO Council
PLANNING COMMISSION MEETING Exhibit B
Monday, May 15,2017 17-3941
6:30 o'clock p.m.
10. 17-3941 Orono Public Schools, 685 Old Crystal Bay Road, Text Amendment, 9:05 P.M. —
9:15 P.M.
Justin McCoy, Orono Public Schools, was present.
Barnhart noted this is a joint application with the City and the Orono Public Schools. The school district
property is zoned RR -113, which is primarily a residential zoning district. Some cities have institutional
zoning for churches and schools, which Staff also reviewed as part of this application.
With the goal of trying to avoid the school district having to go through a number of steps to gain
approval for a project that the City would normally allow, Staff is recommending some changes to the
zoning district that would make schools located on property 15 acres or larger a permanent use. This
would help the existing middle school, high school, intermediate school, and elementary school so they
would be a permitted use. With the change, the maintenance shed that was reviewed earlier would be part
of a site plan review and approved administratively.
Barnhart stated the reason why the 15 acres is an important component of this is that a new school
complex would likely still need to go through the conditional use process, which allows the neighbors to
comment on the application. Generally issues associated with schools are traffic and intensity. The
proposed ordinance would allow the school district to make improvements to their property under the site
plan review.
Thiesse asked if someone would be able to open a charter school on 15 acres.
Barnhart indicated that would operate as a permitted use under the proposed text amendment. Barnhart
stated lighting on a football or soccer field would require a conditional use permit since it would impact
the neighbors.
Staff recommends approval of the text amendment.
Page I of 2
CITY OF ORONO
PLANNING COMMISSION MEETING
Monday, May 15,2017
6:30 o'clock p.m.
Leskinen noted under Staff s recommendation, it recommends Option 2, which allows schools as a
permitted use. Leskinen asked if that was intended to be Option I since it is amending the existing RR -
IB zoning district.
Barnhart stated that is correct. Barnhart indicated Staff did look at a number of options and one of those
options was to create a complete new zoning district, but due to some concerns with adding a new zoning
district, Staff is just proposing to make a change to the current zoning district.
Justin McCoy, Coordinator of Facilities and Public Safety, stated he commends Staff for helping on this
application and that it will help save the school district money as well as expedite the process.
Chair Thiesse opened the public hearing at 9:13 p.m.
There were no public comments on this application.
Chair Thiesse closed the public hearing at 9:13 p.m.
Barnhart stated if there are any other maj or impacts that were not listed in Staff s report, the Planning
Commission is free to add to or delete from the list.
Leskinen moved, Olson seconded, to recommend approval of Application No. 17-3941, Orono
Public Schools, 685 Old Crystal Bay Road, text amendment, Option I amending the RR -IB zoning
district to allow public and private elementary, intermediate, middle and high schools, and would
not require a public hearing for most projects. VOTE: Ayes 5, Nays 0.
Page 2 of 2
Date Application Received: April 19, 2017
Date Application Considered as Complete: April 24, 2017
60 -Day Review Period Expires: June 24, 2017
To: Chair Thiesse and Planning Commission Members
Doug Reeder, Interim City Administrator
From: Jeremy Barnhart, Community Development Director
Date: May 15, 2017
Council
Exhibit D
17-3941
Subject: #17-3941, Orono Public Schools/ City of Orono, 685 N Old Crystal Bay Road,
Text Amendment: School District zoning
Public Hearing
Application Summary: The applicant and the City are joint partners on the development of an
ordinance that would establish a zoning district to govern the public school improvements.
Staff Recommendation: Planning Department Staff recommends support of the ordinance,
recognizing that changes may occur before the items is reviewed by the City Council.
Background
The Orono High School, Middle School, Intermediate school, Elementary School, accessory
educational, gathering, athletic and activity fields and courts, and parking areas are all located
along Old Crystal Bay Road, and all are on property zoned RR -113, which is Rural Residential, 2
acre minimum lot size. Schools is a listed conditional use; any modification of the facilities
requires a conditional use permit amendment. This is problematic as use of the schools, signage
needs, traffic impacts of a school are vastly different that typical rural residential uses. Strict
application of rural residential standards to a school use may be unnecessarily onerous.
"School zoning" was the 17 1h highest priority item identified last fall.
Applicable Regulations:
78-418 Conditional Uses
(11) Schools, daycare centers, uses accessory to a high school.
a. Pre -kindergarten, primary and secondary public schools and private
schools with a curriculum similar to a pre -kindergarten, primary or secondary
school. Schools may include before and after school care for students.
b. Daycare centers, nursery schools and similar programs that are not
associated with a public or private school and serve pre -kindergarten children.
c. Indoor ice arenas accessory to a high school provided the arena, including
accessory uses, is:
1. Located on the same tax parcel as the high school to which it is
accessory and is owned by the local school district;
2. Not separated from the high school building by a public road;
3. Operated by the school district or by a nonprofit organization; and
FILE # 17-3941
May 15, 2017
Page 2 of 2
4. All structures are located at least 50 feet from any adjacent property
zoned for residential use.
Objective
The objective with an ordinance modification is to recognize the systematic and frequent
improvements undertaken by the school district. Sports fields get realigned, outdoor learning
and gathering spaces are added or expanded, additional parking is provided.
In siting a new school complex, most common issues include traffic impact on adjacent roads,
capacity of public services, and impacts due to noise with open field use. Lighting as part of
accessory field use also can generate concern.
In expanding an existing school complex, these same concerns can be generated.
Options.
The Planning Commission should discuss a number of options to accomplish the objective
Option 1. Amend the existing RR -1B zoning district to allow Public and private
elementary, intermediate, and middle and senior high schools as a permitted use. This would
not require a public hearing for most projects. A new principal building could have a public
hearing as part of the site plan approval.
Option 2. Create a new zoning district specific to the school locations, allowing for
schools to be a permitted use.
Option 3. Do nothing, make no changes.
Recommendation
Staff suggests adding new zoning districts cautiously; the opportunity for unintended
consequences is high due to the intricate weaving of current regulations (floodplain, wetland,
hardcover, etc. Staff suggests amending the current zoning district, Option 2, allowing schools
as a permitted use, provided they are to be located on lots 15 acres or larger. Schools on lots
less than 15 acres remain a conditional use permit. The draft also suggests lighting, where the
source is greater than 30 feet above grade, be a conditional use. This is intended to allow public
review of sports field lighting.
Public Comments
To date, no public comments have been received.
Issues for Consideration
1. Does the Planning Commission agree a problem exists?
2. Does the Commission feel that the proposed Ordinance adequately addresses the issue.
3. Are there any other issues or concerns with this application?
List of Exhibits
Exhibit A. Draft Ordinance
Exhibit B. Application
Exhibit C. Narrative
AGENDAITEM
Item No.: 25 Date: June 12, 2017
Item Description: #17-3925 City of Orono Text Amendment: Small Lots/ Setbacks
Presenter: Jeremy Barnhart, Community Agenda Planning Department
Development Director Section: Report
1. Purpose. The purpose of this action item is to consider an amendment to the zoning ordinance related
to setbacks for non -conforming lots.
2. Minnesota Statutes 15.99 Deadline. Not applicable
3. Background/ Summary. There are several neighborhoods throughout Orono where the zoning
district regulations do not reflect the development pattem, for example, the Arbor/Briar neighborhood is
zoned 2 acre lot minimum, yet many of the homes are on lots less than V2 acre. The Casco Point
neighborhood is zoned for 1/2 acre lots, many of the homes are less than '/2 acre and even some less than 1/4
acre. In these neighborhoods, property owners often are required to request and receive a variance from
the side or street setbacks in order to expand their home, a process taking 6-8 weeks.
The Planning Commission considered an ordinance amendment that did three things:
A. For non -conforming lots, adjusted the setback to non -conforming lots to 10% of the lot width, to a
minimum of 8 or 10 feet, depending on the zoning district;
B. For all lots, adjusted the side yard adjacent to unimproved rights of way to the setback established
for interior side yards in that district; and,
C. For all lots, adjusted the side street setback from 50 and 30 feet to 30, 20, and 15 feet, depending
on the zoning district.
4. Planning Commission comment. Ultimately, the Planning Conunission elected to not recommend a
change to the setbacks for non -conforming lots or changes to the side yard adjacent to street as they felt the
10 feet minimum was a good standard to follow, and there didn't seem to be much of a call to drastically
alter the setbacks to reduce setback variances without negatively impacting adjacent parcels. They did
support amendments to the setbacks adjacent to unimproved rights of way.
5. Public Comment. One resident has spoken out in support of amendment to the ordinance, though this
resident supports lowering the minimum lot size in her neighborhood, this could potentially allow
subdivision if a new minimum lot size is established.
6. Staff Recommendation. Staff recommends adoption of an ordinance. The Council could adopt the
ordinance as proposed by the Planning Comniission (Exhibit A). The Council could adopt the ordinance
as presented to the Planning Commission (Exhibit B). The Council could direct staff to review additional
changes to an ordinance with either review by the Planning Commission or Council at a later date.
COUNCIL ACTION REQUESTED
Motion to adopt either Exhibit A or Exhibit B as a solution to the small lot setback concem.
Exhibits
Exhibit A. Draft Ordinance from PC
Exhibit B. Draft Ordinance from Staff
Prepared By: J. Barnhart Reviewed By: J. Barnhart Approved By:
AGENDAITEM
Exhibit C. Draft PC Minutes
Exhibit D. PC Staff Report and exhibits
Prepared By: J. Bamhart Reviewed By: J. Bamhart Approved By: W
Council
Exhibit A
PC
ORDINANCE NO. THIRD SERIES recommendation
2 17-3925
3 CITY OF ORONO
4 HENNEPIN COUNTY, MINNESOTA
5
6 AN ORDINANCE AMENDING THE CODE OF ORDINANCES
7 PERTAINING TO SETBACKS FOR UNIMPROVED RIGHTS OF WAY
8
9
10 THE CITY COUNCIL OF ORONO ORDAINS:
11
12 SECTION 1. Section 78-1406 shall be amended by adding text to read as follows:
13
14 Sec. 78-1406. — Additional yard provisions.
15 Required yards in the districts specified shall be subject to the following additional
16 requirements:
17 (1) Through lots. Through lots in any district shall have a required front yard on each street.
18 (2) B and / districts: adjacent lots. In the B and I districts, where the average depth of at least
19 two existing front yards for buildings within 150 feet of the lot in question are less or greater
20 than the minimum front yard depth required for the district, required front yards shall not be
21 less than the average depth of such existing front yards; however, the depth of a front yard
22 shall not be less than five feet nor be required to exceed 50 feet.
23 (3) R districts: adjacent lots. In any R district, where the average depth of at least two
24 existing front yards for buildings within 150 feet of the lot in question and within the same
25 block front is less or greater than the minimum front yard depth required for the district, the
26 required front yard shall not be less than the average depth of such existing front yards;
27 however, the depth of a front yard shall not be less than ten feet nor be required to exceed
28 50 feet.
29 (4) R districts: Side Yards adiacent to unimproved r4ghts-of-way, In any residential district,
30 the setback for side yards aduacent to unimproved rights-of-way shall be the same as the
31 applicable interior side yard setback. Unimproved in this section shall be interpreted to mean
32 not imDroved or maintained bv the citv or countv for vehicular travel.
33
34 SECTION 2. EFFECTIVE DATE: This ordinance shall take effect immediately upon its
35 passage and publication.
36 ADOPTED this _ day of _, 2017 on a vote of _ ayes and _ nays by the
37 City Council of Orono, Minnesota.
38 ATTEST:
39
40
41
42
43
44
45
Anna Carlson, City Clerk
Dennis Walsh, Mayor
Ordinance published in The Laker and The Pioneer newspapers the week of 2017.
Council
Exhibit B
Staff
I ORDINANCE NO. THIRD SERIES recommendation
2 17-3925
3 CITY OF ORONO
4 HENNEPIN COUNTY, MINNESOTA
5
6 AN ORDINANCE AMENDING THE CODE OF ORDINANCES
7 PERTAINING TO SETBACKS FOR NON -CONFORMING RESIDENTIAL LOTS AND
8 SETBACKS ADJACENT TO UNIMPROVED RIGHTS OF WAY
9
10
I I THE CITY COUNCIL OF ORONO ORDAINS:
12
13 SECTION 1. Section 78-1406 shall be amended by adding text to read as follows:
14
15 Sec. 78-1406. — Additional yard provisions.
16 Required yards in the districts specified shall be subject to the following additional
17 requirements:
18 (1) Through lots. Through lots in any district shall have a required front yard on each street.
19 (2) B and / districts: adjacent lots. In the B and I districts, where the average depth of at least
20 two existing front yards for buildings within 150 feet of the lot in question are less or greater
21 than the minimum front yard depth required for the district, required front yards shall not be
22 less than the average depth of such existing front yards; however, the depth of a front yard
23 shall not be less than five feet nor be required to exceed 50 feet.
24 (3) R districts: adjacent lots. In any R district, where the average depth of at least two
25 existing front yards for buildings within 150 feet of the lot in question and within the same
26 block front is less or greater than the minimum front yard depth required for the district, the
27 required front yard shall not be less than the average depth of such existing front yards;
28 however, the depth of a front yard shall not be less than ten feet nor be required to exceed
29 50 feet.
30
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32
33
34
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40
41
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(4) R districts: Side Yards ad In any residential district,
Lacent to unimproved rhghts-of-way.
the setback for side Vards admacent to unimproved rights-of-waV shall be the same as the
applicable interior side yard setback. Unimproved in this section shall be interpreted to mean
not imoroved or maintained bv the citv or countv for vehicular travel.
SECTION 2. Section 78-305 shall be amended by adding text to read as follows:
Sec. 78-305. - Area, height, lot width and yard requirements.
(a) Height. No structure or building in the LR -1A district shall exceed 30 feet in height except as
provided in section 78-1366.
(b) Lots. The following minimum requirements shall be observed:
Lot
Lot
Front
Side
Side
Rear
Area
Width
Yard
Yard
Yard
Yard
(Acre)
(feet)
(feet)
(feet)
Adjacent
(feet)
to Street
(feet)
2
200
50
30
5030
50
(c) Within the LR -1A zoning district, the side Vard setback for lots that are non -conforming as to their width
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shall be the lessor of 30 feet or equal to 10% of the Lot Width as defined. However, in no case shall the
side yard setback be less than 10 feet.
SECTION 3. Section 78-330 shall be amended by adding text to read as follows:
Sec. 78-330. - Area, height, lot width and yard requirements.
(a) Height. No structure or building in the LR -1 B district shall exceed 30 feet in height except as
provided in section 78-1366.
(b) Lots. The following minimum requirements shall be observed:
Lot
Lot
Front
Side
Side
Rear
Area
Width
Yard
Yard
Yard
Yard
(Acre)
(feet)
(feet)
(feet)
Adjacent
(feet)
to Street
(feet)
1
140
35
10
3020
35
(c) Within the LR -113 zoning district, the side yard setback for lots that are non -conforming as to their
width shall be the lessor of 10 feet or equal to 10% of the Lot Width as defined. However, in no case
shall the side vard setback be less than 8 feet.
SECTION 4. Section 78-350 shall be amended by adding text to read as follows:
Sec. 78-350. - Area, height, lot width and yard requirements.
(a) Height. No structure or building in the LR -1C district shall exceed 30 feet in height except as
provided in section 78-1366.
(b) Lots. The following minimum requirements shall be observed:
Lot
Lot
Front
Side
Side
Rear
Area
Width
Yard
Yard
Yard
Yard
(Acre)
(feet)
(feet)
(feet)
Adjacent
(feet)
to Street
(feet)
0.5
100
30
10
30 15
15
(c) Within the LR -IC zoning district, the side yard setback for lots that are non -conforming as to their
width shall be the lessor of 10 feet or equal to 10% of the Lot Width as defined. However, in no case
shall the side yard setback be less than 8 feet.
2
72
73
74
75
76
77
78
I
I
89
90
91
92
93
94
95
96
97
98
SECTION 5. Section 78-420 shall be amended by adding text to read as follows:
Sec. 78-420. - Area, height, lot width and yard requirements.
(a) Height. No structure or building in the RR -1 B district shall exceed 30 feet in height except as
provided in section 78-1366.
(b) Lots. The following minimum requirements shall be observed:
Lot
Lot
Front
Side
Side
Rear
Area
Width
Yard
Yard
Yard
Yard
(Acre)
(feet)
(feet)
(feet)
Adjacent
(feet)
to Street
(feet)
2
200
50
30
5030
50
(c) Within the RR -113 zoning district, the side yard setback for lots that are non -conforming as to thei
width shall be the lessor of 30 feet or equal to 10% of the Lot Width as defined. However, in no case shall
the side yard setback be less than 10 feet.
SECTION 6. EFFECTIVE DATE: This ordinance shall take effect immediately upon its
passage and publication.
ADOPTED this day of _, 2017 on a vote of — ayes and _ nays by the
City Council of Orono, Minnesota.
ATTEST:
Anna Carlson, City Clerk
Dennis Walsh, Mayor
Ordinance published in The Laker and The Pioneer newspapers the week of 2017.
K!
Council
CITY OF ORONO Exhibit C
PLANNING COMMISSION MEETING 17-3925
Monday, May 15,2017
6:30 o'clock p.m.
2. 17-3925 City of Orono, Text Amendment: Small Lots/Setbacks, 6:35 P.M. — 7:03 P.M.
Barnhart noted the Planning Commission reviewed this item at their April meeting where it was tabled.
The issue of setbacks for small lots within the City has been on the ordinance review list for several years.
In the Council's goals for 2017, it ranked as the 5th most important issue.
In 2016, the City processed 41 variances of various types; side or street setbacks were included in 19 of
them. This is as a result of a number of properties having been developed prior to the enactment of the
regulations and requires the property owner to request a variance of some type. At the time the original
ordinances were created, property owners were encouraged to combine smaller lots into one bigger lot,
which did not occur as often as the City would have liked.
There are several areas of the community where the development pattem is inconsistent with the zoning
district. Map A shows lots in red that are less than 1/4 acre, with clusters of these lots being located in
1/2 acre, I acre, and 2 acre zones.
As an example, the LR- I B district has a minimum one acre lot size. A number of lots are a quarter acre
or half an acre. The front yard setback is 3 5 feet, the side yard setback is 10 feet, and the back yard
setback is 35 feet. A majority of the lots do not meet those setbacks and are nonconforming. In the
nonconforming situation, any property owner who would like to expand would require a variance, which
tends to be a 6 -week process. The question before the Planning Commission and the City Council is
whether this process should be modified in some manner to allow these properties to be improved without
the need for so many variances. In the case of a variance, the property owner needs to demonstrate a
practical difficulty.
Map B shows lots in blue between 1/4 and 1/2 acre, with clusters of these lots being located in 1/2
acre, I acre, and 2 acre zones. Each map includes the zoning legend. Approximately 95% of the non-
conforming lots are within one of these four zoning districts.
Barnhart noted Staff s report identifies four different options. One option is to leave everything as is and
retain the variance process.
Page 1 of 6
CITY OF ORONO
PLANNING COMMISSION MEETING
Monday, May 15,2017
6:30 o'clock p.m.
A second option is to create a new zoning district. The challenge in that option would be to address both
the larger and smaller lots, which could open up some potential problems in the sense that the City's
ordinances oftentimes reflects specific zoning districts. If a new district is added, it is possible some
items may not be addressed, such as stormwater or hardcover requirements. As a result, Staff is very
cautious about creating a new zoning district from a practical standpoint. An additional concern with
rezoning is that it invariably will add density. Barnhart noted if adding additional density is a concern,
this option is probably not the way the Planning Commission and/or City Council would like to go.
A third option is to modify the existing zoning district and adjusting the setback requirements in selected
districts. If the setbacks are reduced for the RR -113 zoning district, it would allow some of the lots to be
improved without the need for a variance. Barnhart noted the RR -113 district probably encompasses one-
third of the City, and if the setbacks are reduced on the larger lots, it is likely additional density will also
be added.
The final option is to reduce the width requirement. In the LR -IB zoning district where the lot
requirement is one acre and the lot width is 140 feet, if that lot does not have the 140 feet of required
width, the side yard setback could be equal to 10 percent of the lot width. If the lot is 60 feet wide, 10
percent of the lot width would be six feet. Staff, however, is proposing a minimum of eight feet, which
reduces it somewhat from the current I 0 -foot side setback requirement.
Barnhart stated while that is not a major change, Staff is attempting to balance the desires of property
owners to expand their footprint with the desire of their neighbors not to have a house real close to the
property line.
Barnhart stated if the Planning Commission feels the setbacks are an issue, they should consider one of
these options. In addition, language in the draft ordinance amendment states that adjustments to the side
yard setback adjacent to an unimproved street can be made. An example of that is the property located at
300 Crestview, which is located next to a right-of-way. That property owner had to go through the
process to vacant a segment of the road, which reduced their setback from 3 0 feet to 10 feet.
Staff is looking to get feedback from the Planning Commission and the public on the different options.
Page 2 of 6
CITY OF ORONO
PLANNING COMMISSION MEETING
Monday, May 15,2017
6:30 o'clock p.m.
Thiesse asked whether the City is confident that all of the unimproved rights-of-way within the City will
not be developed or whether any areas should be identified as not being included under this ordinance.
Barnhart indicated they could, but his feeling is that the City has already acquired the rights-of-way that it
needs.
Thiesse commented as long as the City is comfortable that it has the right-of-way that it needs, he does
not have an issue with that.
Schoenzeit asked how width is measured on a nonrectangular lot.
Barnhart indicated the width is defined in the City's zoning ordinance and it is based on the width of the
at the building setback line for nonlakeshore lots. On lakeshore lots, the width is measured at the ordinary
high water line and 75 feet back.
Schoenzeit asked which number would be used if the property owner is not able to do that.
Barnhart stated he would use the lowest one.
Schwingler asked if the City had 41 variance requests last year.
Barnhart stated the City had 41 variance requests last year and 19 of those variances involved side street
setback variance requests.
Thiesse asked if there were any applications where a side street setback variance was the only request.
Barnhart stated if it is a substandard lot and they do not meet any of the setbacks, they also have to
request lot area and lot width variances. Barnhart indicated he did not determine if there were any
applications that only requested a side street setback variance.
Chair Thiesse opened the public hearing at 6:49 p.m.
Page 3 of 6
CITY OF ORONO
PLANNING COMMISSION MEETING
Monday, May 15,2017
6:30 o'clock p.m.
Amy Nelson, 1185 Arbor Street, stated she would like to note the intent of this is to free Staff from
needing to do the paperwork to grant variances. Nelson stated having lived in the area for 30 -plus years,
she knows that most of the lots in her neighborhood are nonconforming. If those property owners were to
build out to the side setback, they would still require a front or a rear variance. Nelson noted her house
sits on over three acres and is only 35 feet from the street, which is similar to the other homes in the area.
Nelson stated she does not feel this will help free up Staff time since the applicants would still require
other variances and that in her view the map is somewhat misleading. Nelson noted she sent the City a
map where she would suggest rezoning be applied, which would be in the sewered areas, and that in her
view she does not feel it is suited for the outer part of the RR -113 district. Nelson stated she would ask the
Planning Commission to consider not going with Staff s recommendation and that things would be better
addressed with rezoning. Nelson stated if her neighborhood is rezoned to one acre, the neighborhood
would increase by two parcels, which would be the two parcels that come out of her 3 -acre parcel.
hi addition, the front setbacks would then be 35 feet and the sides would be 10 feet, which is the same
thing that is being achieved with this. Rezoning to one acre might also alleviate the possibility that all
these people may need a variance to the front yard setback or the rear yard setback since it would be
reduced from 50 to 35 feet.
Richie Anderson, 3205 Crystal Bay Road, stated they are currently looking at constructing a house next to
the marina on a 57 -foot wide lot and that in his view, under the new ordinance, with the 20 percent
structural coverage and five percent more for hardcover, they are going to be able to build a really nice
house with the 10 -foot setbacks. Anderson stated he would not want to be the person who lives on a
small lot with an adjoining small lot where they can build closer to the lot line.
Chair Thiesse closed the public hearing at 6:53 p.m.
Thiesse commented he cannot remember the last time the City had a variance request for just a side yard
setback and that he does not see any reason to streamline it.
Schwingler asked whether this would be considered spot zoning.
Page 4 of 6
CITY OF ORONO
PLANNING COMMISSION MEETING
Monday, May 15,2017
6:30 o'clock p.m.
Barnhart stated if individual neighborhoods are rezoned, someone could make an argument for spot
zoning. Barnhart stated if the zoning parameters are changed, he would not consider that spot zoning.
Thiesse stated one possible way would be to make it administrative from eight to ten, and if it does not
meet what the City is looking for, the person would need to apply for a variance.
Barnhart stated whatever the setback is approved at, he would be able to approve it, and that in his view
this version of the draft ordinance solves what the City is trying to achieve.
Schoenzeit stated in his view the 10 -foot setback, even on small lots, is another nice feature to prevent
homes from being on top of one another. Schoenzeit noted the City can look at the variances on a case-
by-case basis.
Thiesse stated since a side yard setback typically is not requested by itself, it would not really help
streamline the process at all.
Leskinen indicated she is in agreement and that it would be better to look at the lot on an overall basis.
Barnhart noted there are three issues that are being addressed with the draft ordinance. The first is side
yard setbacks and nonconforming lots. The second issue was unimproved rights-of-way, and the third
was side yards adjacent to the street.
Schoenzeit stated the goal of streamlining things will not happen and that these are unique situations that
should be reviewed on a case-by-case basis.
Thiesse noted if a person lives next to an unimproved right-of-way, it might be a case where a person
could get by without a variance.
Schoenzeit questioned how many of those situations exist and whether it is necessary to change the
ordinance to address them.
Barnhart stated when you have a nonconforming lot adjacent to an old fire lane and that requires a 30 -foot
side yard setback rather than 10 feet, that can be pretty drastic to a property owner. In the case where the
Page 5 of 6
CITY OF ORONO
PLANNING COMMISSION MEETING
Monday, May 15,2017
6:30 o'clock p.m.
right-of-way happens to be improved at a future time, potentially there is a risk that the road will be closer
than 35 feet if the text amendment is adopted.
Leskinen commented she would be inclined to accept a 1 0 -foot setback next to an unimproved right-of-
way and leave everything else as is.
Thiesse and Schoenzeit indicated they are in agreement with Commissioner Leskinen.
Barnhart stated under that scenario, Sections 2 through 5 would be stricken, and the only setback change
would be the side yard setback adjacent to unimproved rights-of-way.
Olson moved, Schwingler seconded, Application No. 17-3925, City of Orono, Text Amendment:
Small Lots/Setbacks, with the recommendation that Sections 2-5 be stricken and that the language
pertaining to the side yard setback adjacent to an unimproved right-of-way remain.
VOTE: Ayes 5, Nays 0.
Page 6 of 6
To: Chair Thiesse and Planning Commission Members
Doug Reeder, Interim City Administrator
From: Jeremy Barnhart, Community Development Director
Date: May 15, 2017
Council
Exhibit D
17-3925
Subject: #17-3925, City of Orono, Text Amendment Setbacks for small lots
Public Hearing
Application Summary: The proposed ordinance would impose different setbacks for
residential lots, based in part on the lot width.
Staff Recommendation: Planning Department Staff recommends adoption of the ordinance as
drafted.
Background
The issue of setbacks for small lots within the city has been on the ordinance review list for
several years; for 2017, it ranked as the 5 1h Most important issue. In 2016, the city processed 41
variances of various types; side or street setbacks were included in 19 of them.
There are several areas of the community where the development pattern is inconsistent with
the zoning district. The attached Exhibit B includes three maps, each labeled individually. Map
A shows lots in red that are less than X acre, with clusters of these lots in Y2 acre, 1 acre, and 2
acre zones. Map B shows lots in blue between %and Y2 acre, with clusters of these lots in Y2
acre, 1 acre, and 2 acre zones. Each map includes the zoning legend. The Table below shows
the required setbacks associated with lots zoned Y2, 1, and 2 acres. You will note that
approximately 95% of the non -conforming lots are within one of these 4 zoning districts.
Originally, the intent with the zoning was to encourage lots to combine with neighboring lots to
create larger, conforming lots; while this does occasionally occur, it has not been as common as
originally hoped. The result is a number of non -conforming lots. The effect on lot owners of
non -conforming lots is that a new, or expansion of a portion of the structure within the required
setback, including expansion up, requires a variance.
Front
Side
Zoning
Lot size
yard
yard
Side street
District
Neighborhood(s)
(acres)
Width
setback
setback
setback
North Long Lake,
LR -1A
Crestview
2
200
50
30
50
Forest Lake, Kelly Avenue,
LR -1B
Tonkawa
1
140
35
10
35
Casco Point, Navarre,
LR -1C
Fagerness point
0.5
100
30
10
15
RR -1B
Dickenson, Briar/ Arbor
2
200
50
30
Originally, the intent with the zoning was to encourage lots to combine with neighboring lots to
create larger, conforming lots; while this does occasionally occur, it has not been as common as
originally hoped. The result is a number of non -conforming lots. The effect on lot owners of
non -conforming lots is that a new, or expansion of a portion of the structure within the required
setback, including expansion up, requires a variance.
FILE #17-3925
May 15, 2017
Page 2 of 4
To address the issue, it appears that some adjustment of the setback is necessary. This can
occur in several ways:
Option 1. Create a new zoning district for these neighborhoods, establishing unique lot
sizes, widths, and setbacks. A new zoning district should be introduced cautiously, as the
opportunity for unintended consequences is higher; many sections of the code unrelated to lot
size and width speak specifically to a particular zoning district. Staff does not recommend
establishing new zoning districts at this time.
Option 2. Amend the size, width, and setback requirements for existing zoning districts.
This would apply to all lots within that zoning district, and could conceivable yield additional
density through lots splits.
Option 3. Amend yard setbacks in selected districts based on the lot size or width.
In developing a proposed ordinance, staff examined 36 different lots chosen at random in 'hot
spot' neighborhoods throughout the city. The area and lot width were noted, and the side yard
setbacks were calculated, either through the survey (accurate) or by measuring from an aerial
photo (not as accurate). This information is summarized in the attached Exhibit C, setback
comparison.
Of the 36 lots, 23 exhibited non -conforming setbacks on at least one side, and of these, 9 had
non -conforming setbacks on both sides. Of the 32 non -conforming setbacks, 19 had setbacks less
than 10 feet.
Staff is supporting an amendment that prescribes side yard setbacks for non -conforming lots due
to width as a function of the lot width, proposed to be measured at the applicable lot width:
Lot width means the horizontal distance between side lot lines measured at the following
locations:
(1) For lots which do not abut a lake or tributary, at the rear of the required front
yard, measured parallel to the front lot line.
(2) For lots which abut a lake or tributary, at the shoreline measured in a straight line
between the points at which the side lot lines intersect the OHWL, and at the required
structure setback from the OHWL, measured in a straight line between the points of
intersection of the side lot lines with the structure setback line.
Proposal:
Front
Side
Min
Zoning
Lot size
yard
yard
Side
Side street
District
Neighborhood(s)
(acres)
setback
setback
setback
setback
North Long Lake,
2
50
30
10
30
LR -1A
Crestview
Forest Lake, Kelly Avenue,
1
35
10
8
is
LR -1B
Tonkawa
Casco Point, Navarre,
0.5
30
10
8
is
-1C
Fagerne s point
FLR
RR-113
Dickenson, Briar/ Arbor
2
50
30
10
FILE #17-3925
May 15, 2017
Page 3 of 4
The proposed language:
LR -1A. Within the LR -1A zoning district, the side yard setback for lots that are non-
conforming as to their width shall be the lessor of 30 feet or equal to 10% of the Lot Width
as defined. However, in no case shall the side yard setback be less than 10 feet.
I -R-113. Within the LR -1B zoning district, the side yard setback for lots that are non-
conforming as to their width shall be the lessor of 10 feet or equal to 10% of the Lot Width
as defined. However, in no case shall the side yard setback be less than 8 feet.
LR -1C. Within the LR -1C zoning district, the side yard setback for lots that are non-
conforming as to their width shall be the lessor of 10 feet or equal to 10% of the Lot Width
as defined. However, in no case shall the side yard setback be less than 8 feet.
RR -113. Within the RR -113 zoning district, the side yard setback for lots that are non-
conforming as to their width shall be the lessor of 30 feet or equal to 10% of the Lot Width
as defined. However, in no case shall the side yard setback be less than 10 feet.
The draft ordinance provides a minimum of 8 feet setback in zoning districts with less than 2 acre
minimum size. Staff has historically encouraged improvement of non -conforming lots to maintain
a minimum of 10 feet side yard setbacks. Of the 32 non -conforming setbacks, 4 had setbacks
between 8 and 10 feet. 7 lots had setbacks between 7 and 10 feet. Staff does not recommend
establishing a minimum setback less than 7 feet; given the value of the lots, construction of homes
from setback to setback is an expected consequence. The Planning Commission should discuss
whether the minimum of 8 feet is appropriate and beneficial.
In the LRAB and LRAC zoning districts (1 and Y2acre zones, respectively), homes could conceivably
be 16 feet apart, and in the LR -1A and RRAB (2 acre zones), 20 feet apart.
If the objective is to eliminate variances, the objective will not be met unless the minimum setback
is drastically reduced. This proposed minimum will not eliminate variances; some existing homes
are less than the minimum prescribed above. The challenge is to balance flexibility goals with a
minimum level of open space preservation.
Relative to the side street setback issue, staff encounters situations where the side street is
unimproved, but still stipulates a large setback. Often, this results in the vacation of this segment
of the right-of-way (Recall the variance and street vacation associated with 290 Crestview last
summer). Staff proposes language that prescribes an alternative setback if the right of way is
unimproved, to be consistent with the interior side yard setback applicable for that lot.
Public Comments
To date, no public comments have been received.
Issues for Consideration
1. Is the minimum side setback of 8 feet in the LR -113 and LR -1C districts appropriate given
open space and massing control goals?
2. Does the proposed ordinance adequately address the goals of the Planning
FILE #17-3925
May 15, 2017
Page 4 of 4
Commission and Council?
3. Are other changes necessary?
4. Are there any other issues or concerns with this application?
List of Exhibits
Exhibit A. Draft Ordinance
Exhibit B. Maps
Exhibit C. Setback Comparison sheet
Exhibit D. Variance application results
Lots less than 1/4 acre
A
Bo= 1�
Noerenberg
Bridge
ForestLake
Bridge
Hendrickson
Bridge
xv
"44
jDeering Coffee
N Island
Bridge
#
4�
#
The Narrows
Bridge
Arcola
1101,11*01 ri ge
Map
WIN=—
ININILVIIIIIIIIIIII
oning
usiness
rk B-1 - Retail Sales
OIL
B-2 - Lakeshore
B-3 - Shopping Center
B-4 - Office/Professional
Tanager
Bridge B-5 - Limited Neighborhood
B-6 PUD - Highway Commercial
ndustrial
I - Industrial
Recreational
RS - Seasonal Recreational
ural Residential
RR -1A- One Family Rural Residential - 5Acres
RR -1 B - One Family Rural Residential - 2 Acres
Lakeshore Residential
LR -1A- One Family Lakeshore Residential - 2Acres
LR -1 B - One Family Lakeshore Residential - 1 Acre
LR -1 C - One Family Lakeshore Residential - 1/2 Acre
LR -1 C-1 - One Family Lakeshore Residential Subdistrict - 1/2
esidential
R -11A - One Familyl Residential - 1 Acre
R-1 B - One Family Residential - 1/2 Acre
Nanned Unit Development
RPUD - Residential Planned Unit Development
RR -113 PUD
PRID - Planned Residential Development
PUD/RR-1 B
Lots 1/4 - 1/2 acre
AM-
IIMIIMIIMIIMIIMIIMII MIN MI NMI IMIIM JIM11M Jim IIMIIL1IIMI IM MIINNFIIIII.
—j L1 -
,AS%
12
L11111111 L
Zoning
L�Fjrl
Boy Scout
T*' Bridge Noerenberg
Bridge
F, I Lake
18140, Bridge
Hendrickson
Bridge
1P
jDeering Coffee
N Island Bridge
A)
4�
A 16
#
"�The Narr
Ilk, % o s
Bridge
V* A
4%? VA
J9 -
W
L
Business
LINE
B-1 - Retail Sales
B-2 - Lakeshore
B-3 - Shopping Center
B-4 - Office/Professional
Tanager
U Bridge
B-5 - Limited Neighborhood
B-6 PUD - Highway Commercial
ndustrial
I - Industrial
Recreational
RS - Seasonal Recreational
Rural Residential
Arcola
INIF,
RR -1A- One Family Rural Residential - 5 Acres
ri ge
RR -1 B - One Family Rural Residential - 2 Acres
akeshore Residential
LR -1A- One Family Lakeshore Residential - 2 Acres
C
LR -1 B - One Family Lakeshore Residential - 1 Acre
LR -1 C - One Family Lakeshore Residential - 1/2 Acre
#
LR -1 C-1 - One Family Lakeshore Residential Subdistrict - 1/2 Acre
#
Residential
00
00
0*
R -11A - One Familyl Residential - 1 Acre
0
R-1 B - One Family Residential - 1/2 Acre
lanned Unit Development
RPUD - Residential Planned Unit Development
RR -113 PUD
PRID - Planned Residential Development
PUD/RR-1 B
Lots 1/2 - 1 acre
Z�
............ L
L
112
:j
*$lots
11M
L2
Boy Scout
Bridge Noerenberg
ForestLake Bridge
VIA'ftp, Bridge
Hendrickson
Bridge
0`4
xv
0
NX
jDeering Coffee
N Island
Bridge
Id(
-4
i -
kl,
V/ )Y
'The Na r ws
Bridge
��, Jw
TIC
Arcola
110,110, ri ge
NIM11
Tanager
Bridge
g7z
Zoning
--JL—
0
Business
04
B-1 - Retail Sales
B-2 - Lakeshore
B-3 - Shopping Center
B-4 - Office/Professional
B-5 - Limited Neighborhood
B-6 PUD - Highway Commercial
ndustrial
I - Industrial
ecreational
RS - Seasonal Recreational
ural Residential
RR -1A- One Family Rural Residential - 5Acres
RR -1 B - One Family Rural Residential - 2 Acres
akeshore Residential
LR -1A- One Family Lakeshore Residential - 2Acres
LR -1 B - One Family Lakeshore Residential - 1 Acre
LR -1 C - One Family Lakeshore Residential - 1/2 Acre
#
LR -1 C-1 - One Family Lakeshore Residential Subdistrict - 1/2
Residential
R -11A - One Familyl Residential - 1 Acre
R-1 B - One Family Residential - 1/2 Acre
lanned Unit Development
RPUD - Residential Planned Unit Development
RR -113 PUD
PRID - Planned Residential Development
PUD/RR-1 B
U Lr)
4� rI4
U X r-
0- LU r -I
Address Lake? Zoning
District
2821 Casco Point Rd
m
s
s
s
s
s
s
s
m
m
m
m
y
y
y
y
y
y
n
n
n
n
n
n
LR -1C
LR -1C
LR -1C
LR -1C
LR -1C
LR -1C
LR -1C
LR -1C
LR -1C
LR -1C
LR -1C
LR -1C
2825 Casco Point Rd
2835 Casco Point Rd
2773 Casco Point
2765 Casco Point Rd
2755 Casco Point Rd
3475 Livingston
3554 Lyric Ave
1565 Maple Place
2740 Ethel Ave
2745 Ethel Ave
2725 Ethel Ave
559 Park
m
s
m
s
s
s
m
s
m
s
s-'
s-
s
s
m
m
s
s
s
s
s
s
s
s
s
y
y
y
y
y
y
y
y
y
y
n
n
n
n
y
y
y
n
n
n
n
n
n
n
n
LR -1B
LR -1B
LR -1B
LR -1B
LR -1B
LR -1B
LR -1B
LR -1B
LR -1B
LR -1B
LR -1A
LR -1A
LR -1A
LR -1A
LR -1A
LR -1A
LR -1A
LR -1A
LR -1A
LR -1A
LR -1A
RR -1B
RR -1B
RR -1B
RR -1B
567 Park Lane
577 Park
559 Park
659 Minnetonka Highland U
4125 Highwood
4125 Highwood
4149 Highwood
4156 Highwood
4109 Highwood
715 Crestview
884 Dakota Avenue
888 Dakota Avenue
1540 Long Lake Blvd
1525 Long Lake Blvd
1535 Long Lake Blvd
1525 Long Lake Blvd
1520 Long Lake Blvd
1680 North Farm Road
1650 North Farm Road
1709 North Farm Road
1365 Arbor
1270 Arbor
1295 Dickenson
537 Hanlon
Lot is < 1/2 of lot min.
Setback is less than 10'
Area I Width (Per Def.) I New I SYS - 1
ZD Actual
ZD Actual
Minimum
ZD
Actual
21,780 13,912
21,780 13,825
21,780 36,491
21,780 10,601
21,780 15,221
21,780 14,871
21 ' 780 6,725
21,780 13,450
21 780 9,148
21 780 9,148
21 780 14,810
21,780 7,405
43,560 18,000
43 560 8,450
43 560 8,163
43 560 18,000
43,560 50,588
43 560 27,483
43 560 27,483
43 560 10,268
43,560 11,083
43 560 15,445
87 120 15,030
87,120 30,650
87 ' 120 16,108
87,120 27,967
87 ' 120 10,029
87,120 9,462
87,120 15,999
87,120 9,039
87,120 84,774
87,120 87,142
87,120 108,620
87,120 7,000
87,120 14,774
87,120 13,500
87,120 19,385
Remaining nonconformities
100 57
100 58
100 115
100 120
100 60
100 70
100 50
100 100
100 50
100 50
100 100
100 50
140 100
140 50
140 49.4
140 101
140 164
140 135
140 120
140 42
140 40
140 95
200 120
200 104
200 66
200 158
200 101
200 64
200 96
200 61.6
200 200
200 200
200 205
200 80
200 99
200 100
200 150
8
10
3.43
8
10
9.1
8
10
10
8
10
10.3
8
10
9.9
8
10
10
8
10
6
8
10
5.1
8
10
7
8
10
7
8
10
20
8
10
5
8
10
13.5
8
10
10
8
10
2.3
8
10
14.3
8
10
21 1
8
10
47
8
10
31
8
10
2.4
8
35
3
8
10
8
10
30
21.6
10
30
27
10
30
16
10
30
48.6
10
30
8.9
10
30
10.5
10
30
18.9
10
30
12
10
30
32
10
50
60
10
30
40.3
10
30
18.4
10
30
15.6
10
30
13.9
10
30
16.3
23
10
10
SYS - 2
10
Comments
Garage is 4.9 feet from street PL
Garage is 26.2' street PL
Garage is 13.1' from street PL
Survey indicates 10', aerial photo
suggests 2'
Garage is 6'from S2
Garage is 44'from S2
)posed
ZD
Actual
Proposed
8
10
5.6
8
8
10
12.1
8
11.5
10
37
11.5
12
10
32.6
12
8
10
10.7
8
8
10
12.6
8
8
10
19.7
8
10
10
67
10
8
10
12
8
8
30
7.5
10.4
10
10
32
10
8
10
18
15.8
10
10
47.1
10
Garage 7.3 from S1 and 0 feet from
street PL
Garage is 4.7'from street PL
lHouse built in 2015, replaced:
Rebuild 2003
Firelane on SY1
Adjacent to a Fire Lane (SYS 2)
Detached agarage 3.5 from front
and 1.5 from SYS 1
Neighbors home is 2 feet from PL
Three sides ROW
Garage is 4.6'from S1
Garage is 1.8'from S1
8
10
10.9
8
8
10
12.7
8
10.1
10
18.7
10.1
16.4
10
21
16.4
13.5
10
50
13.5
12
10
46
12
8
10
15
8
8
6
8
9.5
8
9.5
12
30
63.5
12
10.4
30
53
10.4
10
20
10
15.8
30
50.3
15.8
10.1
30
13.6
10.1
10
30
9.39
10
10
30
27.6
10
10
30
7
10
20
30
87
20
20
30
112
20
20.5
30
62.29
20.5
10
30
34.3
10
10
30
56.4
10
10
30
56.8
10
15
30
85
15
14
9
6
PC Exhibit C
17-3925
I
Ln
r-4
x a)
2016 Variances
Address B C
1
2
3
4
5
6
7
8
9
10
11
12
13
14
is
D E IF G H I i K L MI N
A
PC Exhibit D
17-3925
2016 Variances
Case
No.
Zoning
District
Area
Width
idth
Actual
New
Minimum
SYS -
1
LR -IA
SYS
- 2
200
Comments
Address
ZD
Actual
ZD
Actual
21,790
Existing
Actual
1
Existing
Actual
LR -1A
87,120
2060 Spates
3799
LR -IA
87,120
56,846
200
49.8
87,120
30
so
30
50
Flag Lot. Garage improvements,
garage is 4.2' from PL
865 Ferndale
3839
LR -1A
87,120
21,790
200
102
Conforming as to area and width
30
1
30
10.2
21,780
1380 Orono Lane
3876
LR -1A
87,120
144,597
200
140
21,780
30
30.2
50
54.3
Variance for accessory structure
230 Ton ka Ave
3880
LR -1A
87,120
18,793
I
200
I
150
1
30
53.8
50
40
Proposed minimum side street of
25
2188 N. Shore Drive
3798
LR -1B
as to area and width
RR -IB
87,120
16,796
200
100
10
80 Smith
1991 Fagerness Pt Rd
3835
LR -1C
as to area and width
200
160
10
570 Big Island
3849
RS
2413 Carmen St
3851
LR -1C
21,780 21,149 100
140
30
65
15
45.2
Variance for accessory structure
1920 Fagerness
3866
LR -1C
21,780 21,044 100
330
10
215
10
19.1
Street setback of 22 feet, from 30'
1255 Dickenson
3830
RR -113
87,120 13,503 200
100
30
13.9
so
20
Side street adjustment
570 Orono Orchard
3837
RR -113
87,1zu zb,/ii 1 200
100
30
17
30
17
Variance of 17/ 15 denied
1240 Arbor
3845
RR -113
87,120 16,796 200
100
30
25
50
23
80 Smith
3873
RR -113
87,120 38,148
160
30
11.8
so
80
1570 Big Island
3849
RS
P2-0
I
I
I
New Ordinance applied
Address B C D E F G H I i K L MI N
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
2016 Variances
Address
Case
No.
Zoning
District
A ea
ZD Actual
ZD
idth
Actual
New
Minimum
2060 Spates
3799
LR -IA
87,120
56,846
200
49.8
10
865 Ferndale
3839
LR -IA
87,120
21,790
200
102
10
1380 Orono Lane
3876
LR -1A
87,120
144,597
200
140
10
230 Tonka Ave
3880
LR -IA
87,120
18,793
200
150
10
2188 N. Shore Drive
3798
LR -IB
Conforming as to area and width
45.2
1991 Fagerness Pt Rd
3835
LR -IC
Conforming as to area and width
19.1
2413 Carmen St
3851
LR -IC
21,780
21,149
100
140
8
1920 Fagerness
3866
LR -IC
21,780
21,044
100
330
8
1255 Dickenson
3830
RR -113
87,120
13,503
200
100
10
570 Orono Orchard
3837
RR -113
87,120
26,711
200
100
10
1240 Arbor
3845
RR -IB
87,120
16,796
200
100
10
80 Smith
3873
RR -113
87,120
38,148
200
160
10
570 Big Island
3849
RS
I
SYS - 1
SYS - 2
Comments
Ord.
Actual
Ord.
Actual
10
50
10
50
10.2
1
10.2
10.2
14
30.2
30
54.3
Side Street
15
53.8
15
40
Unimproved Side Street
No adjustment
No adjustment
8
65
15
45.2
Side Street
10
215
10
19.1
10
13.9
30
20
Side Street
10
17
10
17
10
25
25
23
Side Street
16
11.8
80
Side Street
Not included
From: Randi
To: Denise Leskinen (deniseleskinen(ftmail.corn); Kevin Landgraver (kiandaraver(Ebarnail.corn); Bruce Lemke
(bruce(ftlantscal2einc.corn); oIsoncI16(&arnai1.corn; Loren Schoenzeit (Iorens(s�3dlakexomj; Jon Schwinale
(ionschwing(c0aol.corn); ibthiesse(�bhotrnailxorn; Jeremy Barnhar
Subject: 17-3925
Date: Monday, May 01, 2017 7:41:20 AM
Thank you for tabling this important item (17-3 925).
Although I believe this issue belongs as part of the comprehensive plan, if the small lot issue is not going to be part
of the comp plan process, then we ask that it has its own special analysis and follow steps similar to those outlined
below.
*identify the neighborhood ... what would be possible street boundaries for the changes (see attachment of sewered
area)
*what are the size of lots and what is the quantity of certain sizes as identified in our present zoning code
*what would be the impact if the 2 acre zone went down to one acre or even a half acre
*notify the neighborhood and have a public hearing with plenty of time/opportunity to receive public input on the
report
*review the comments and make suggestions based on a thorough review.
We would like all our neighbors to have the opportunity to see all the information and have a thorough and public
discussion in which all the results have been studied. This affects us one way and may impact our neighbors another
way, we are not asking about serving only our self -interests but desire to have a comprehensive discussion about the
zoning in our neighborhood. The hope is finding a solution all can live with, one that all have been made aware of,
and all be able to comment on.
This newly introduced idea of "spot zoning" is a huge change from the Orono's past zoning principals and is
certainly not coming from the citizens in our neighborhood.
Be transparent, seek public input and put the citizens first!
Steve and Randi Carlson
1185 Arbor Street
952-475-0107
AGENDAITEM
Item No.: 26 Date: June 12, 2017
Item Description : Resolution of Appreciation to Rachel Dodge
Presenter Dennis Walsh Agenda Mayor/Council Report
Section:
1. Purpose. To recognize Rachel Dodge for her services to the City of Orono.
2. Background. Rachel Dodge is resigning from her position on June 30, 2017. She originally started
with the City of Orono on August 14, 2000.
COUNCIL ACTION REQUESTED
Motion to adopt A Resolution of Appreciation to Rachel Dodge for her service to the City of Orono.
Exhibits
A. Resolution of Appreciation to Rachel Dodge.
Prepared By: AMC
Reviewed By: W
Approved By: W
A RESOLUTION OF APPRECIATION TO
RACHEL DODGE
FOR MORE THAN 16 YEARS OF DEDICATED SERVICE
TO THE CITY OF ORONO
RESOLUTION NO.
WHEREAS, Rachel Dodge has served the City of Orono since August 14, 2000 in
various capacities, including Deputy Clerk, City Clerk, and Administrative Support Assistant;
and
WHEREAS, Rachel has been instrumental in the efficient and transparent Municipal,
State, and Federal Elections through the years; and
WHEREAS, Rachel has demonstrated thorough organizational skills through her years
of service to the City of Orono; and
WHEREAS, Rachel has eamed both respect and friendship of residents, contractors, as
well as co-workers; and
WHEREAS, Rachel's years with the City have been marked by a strong commitment to
improving internal administrative processes for the City; and
NOW, THEREFORE, BE IT RESOLVED THAT the City Council of the City of
Orono does hereby express its sincere gratitude and appreciation to Rachel Dodge for her
dedicated service to the City, and does commend her for the manner in which she has carried out
her duties and responsibilities.
BE IT FURTHER RESOLVED, that the City Council does hereby extend to Rachel its
best wishes for success in her future endeavors.
Adopted by the City Council of Orono, Minnesota at a regular meeting held this 12 th day
ofJune,2017.
ATTEST:
Doug Reeder, Interim City Administrator Dennis Walsh, Mayor
From: Doug Reeder
Sent. Monday,'June 12,2017 1:24 PM
To: Anna Carlson
Subject: FW., Wayzata Fire Contract
Please put this on council table for each
From: Katie Simpson I
Sent: Monday, June 12, 2017 1:08 PM
To: Doug Reeder <dreeder@c1-orono.rnn.us>
Cc: Denny Walsh <dwal[sh2@cLcrono.rnn.us>; Richard Crosby <rcrosby@c1.orono.mn.us>; Wendy Dankey
<wdankey@cl.orono.rnn.u&>; Aaron H. Printup <aprlrrtup@Dc1.orono.mn.us>, Victoria Seals <vseals@cl.orono.mn.us>
Subject: Wayzata Fire Contract
Doug.
I am writing today because on Saturday I was told that the Wayzata Fire CDntract was back on the agenda for
ffie City Council Meeting tonight I can not attend so I hope my letter can be read aloud at the meeting end go
on formal record.
I live in the area serviced by ffic Wayzata Fire Depzrtment and I have lived here for nearly 20 yea=. We are
very concerned about ffic change in service to the Long Lake Fim Department because the response time will be
longer. Even if dwy can respond under the N FPA standard time of 10 minutes it is still predicted to be a
longer response time then the Wayzata Fire Department. Even If the response time is similar to all
Orono citizens it still concerns me when I know another fire department can get to me faster. I don't
believe this would be on the agenda if any of the council members or the Mayor lived in the area
serviced by Wayzata. I think they should put themselves in our shoes and consider how it would feel
to have your family and home threatened by fire and consider the damage that could take place in
that 2 extra minutes.
I attended the last council meeting where this issue was disCUssed and one council member argued
that the police will typically respond first and assess the scene. I have had Wayzata Fire Department
at my home tvAce and both times Wayzata Fire arrived before the Orono Police.
This contract has been In place for 50 years. I can't understand how 50 years of Orono CRY Council
members have never had a concern about this contract until now. This Is an essential service the City
provides and it should be provided at the best possible level because human lives are at stake.
I was provided the figures below that each Orono property owner now contributes to the Wayzata
contract:
$260,000 home value $1.76 per YEAR
$600,000 home value $3.75 per YEAR
$1,000,000 home value - $8.44 per YEAR
$2,000,000 home value $17.81 per YEAR
Doesn't seem like much of a financial burden to anyone in order to provide an essential service to our
homes but I can't speak for them. However, if I lived in a 2 Million dollar home I don't think I'd have a
problem with $17.81 a year so that my fellow citizens could get the best possible fire service to
protect their family and home.
I am sure the City Council can find other areas to cut the budget if that Is the main concern. I hope
th�y don't truly believe putting their citizens prop" and their families in danger is the one and only
way they can reduce spending.
Thank you for reading my letter aloud as I would have been there in person with a little more notice. We were
unable to rearrange codsting plans for this evening. I am extremely concerned about this issue and feel like our
.!-- ' I.—,& MILO I ,
neighborhoods should be provided with more information in a =,'d1,7----G-Vw%R- .0j..gisfinalizedto
make the switch. We have had no formal connnunication ftom the City rejAing this issue giving us zero time
to have our concerns addressed,
Sincerely,
Katie Simpson
142 Chevy Chase Drive
2
From: Doug Reeder
soft Monday, June 12,2027 1:25 PM
TO, Anna Carlson
Subjea: FW.' Orono vs NW Wayzata fire contract(I-ONI[GHT
This to council also
----;Original Message—
From: Georgy Scherer [malftol
Sent: Monday, June 22, 2017 1:22 PM
To: Doug Reeder <dreeder@cI-orono.mn.us>
Subject: Orono vs NW Wayzaa fire contractrro NIGHT
23 year resident of 90 Ferndale Green
We are just heading about this Issue that will be on the agenda for torilghts meeting. Not much time to get our
neighborhoods organized and ready to provide feedback.
Fire service Is an essential service to anyone in their own community. Living here as long as we have, there is an
established rapport with the Wayzata Fire Department in our neighborhood. They know WHO we are and WHERE we
live. Not a single complaint in our 23 years at 90 Ferndale Green. We see not one reason to change this service just
because someone thinks It might save Orono a few dollars. SOMEONES LIFE IS NOT WORTH A FEW DOLLARSI
Also, kno%ving that we have been the last street in Orono to see a snow plow for the last 20 plus years, does rwt make
me feel confident in any way about long lake fire service.
In addition, with all the ongoing construction of the highway 12 corridor there is no way that our neighborhoods can be
well served by long lake fire, simply not possible. These delays In response are spin, NOT WORTH ALIFEI IF nothing else
leave this subject alone for two years until the construction period is over. Common sense, people]
Why.this is even a discussion is beyond my comprehension. All is good here, just leave It the way it is.
We strongly oppose the idea of changing this essential service from Wayzata Fire, to Long Lake .......
Georganne Scherer
Anna Carlson
From:
Doug Reeder
Sent:
Monday, June 12, 2017 4:27 PM
To:
Anna Carlson
Subject:
FW: Chevy Chase
To council
From: Liz M cLea n [ma 11tc.0at"M NNImmodmpitt
Sent: Monday, June 12, 2017 4:12 PM
To: Doug Reeder <dreeder@ci.orono.mn.us>
Cc: Denny Walsh <dwalsh2@ci.orono.rnn.us>; Richard Crosby <rcrosby@ci.orono,mn.us>; Wendy Dankey
<wdankey@ci.oro,no.mn.us>; Aaron H. Printup <aprintup@ci.orono.mn.us>; Victoria Seals <vseals@ci.orono.mn.us>
Subject: Chevy Chase
My husband and I feel that Long Lake cannot match the service provided by Wayzata and feel strongly that it
be kept as it has been for the past 50 years. We are unable to attend the meeting tonight as we were just
made aware of it.
Liz McLean
AGENDAITEM
Item No.: 27 Date: June 12, 2017
Item Description: Wayzata Fire Service Agreement
Presenter: Doug Reeder Agenda City Administrators
Interim City Administrator Section: Report
COUNCIL ACTION REQUESTED:
The City Council should discuss the memo from Long Lake Fire Chief Van Eyll concerning the contract
the City of Orono has with the Wayzata Fire Department to cover a small section of Orono.
Exhibits
A. Long Lake Fire Department Memo
B. Wayzata Fire Coverage Less Golf Courses and DNR
C. Fire Protection Agreement between the City of Orono and the City of Wayzata
D. Fire Protection Agreement and Addendum between City of Orono and the City of Long Lake
Prepared By: MR
Reviewed By: W
Approved By: W
Memo
To: Orono City Council
Serving the Communities of Orono,
Long Lake and Medina
With pride and professionalism
From: Fire Chief James Van Eyll
CC: Doug Reeder, Interim City Administrator of Orono and Scott Weske, City Administrator
Date: 6/9/2017
Re: Remainder of Orono for Fire Protection
The Fire Advisory Board met Wednesday, May 17th and reviewed the impacts of adding the remaining
portion of Orono into our response area. The Board determined that adding the area didn't have any
negative impacts to the Long Lake Fire Department's Operating Budget, in fact it showed reductions to
Cities of Medina and Long Lake. Long Lake Fire Department would not have to add any personnel nor
any vehicles to protect this area. The response times would be similar to other response times within
the City of Orono. The Fire Advisory Board concluded that Long Lake Fire Department could cover the
area and both Medina and Long Lake were not opposed to adding this area.
While Long Lake Fire Department response times would be similar to other areas of Orono, Long Lake
Fire Department would not on average do better than the current response times of the Wayzata Fire
Department. This is due to the proximity to the area in question but would still be compliant with the
response time requirements.
If you have any other questions, please feel free to contact me to discuss.
Thanks
James Van Eyll
Chief, Long Lake Fire Department
....... ...... . . . . . . . . . . . . . . . . . . . . . ...... . . . . . . .
ktsHo
Legend
Roads
U.S Trunk Highway
Minnesota Trunk Highway
County Highway
Local Roads
Q
Private Streets
Railroad
City Limits
Fire Districts
Long Lake Fire Department
Wayzata Fire Department
IrA
U11g
Fire
art
Wayzata Fire
Department
rr%%tmrncrda lAli+k
Disclaimer:
This drawing is legally
neither a recorded map nor a
survey and is not intended to be used as one. This
0 2,117 Feet
drawing is a compilation of records, information, and data
located in various city, county, and state offices, and other
K) Bolton & Menk, Inc - Web GIS 3/14/2016 9:26 AM
sources affecting the area shown, and is to be used for
reference purposes only. The City of Orono is not
r_nnn'i hl� fn,.nv in., --i— h—in --i—H
FIRE PROTECTION AGREEMENT
CITY OF ORONO
THIS AGREEMENT, made and entered into this day of 9
2017, by and between the CITY OF WAYZATA, a Minnesota municipal corporation,
hereinafter referred to as "Wayzata", and the CITY OF ORONO, a Minnesota municipal
corporation, hereinafter referred to as "Orono" -
WITNESSETH:
WHEREAS, Wayzata maintains a volunteer fire department; and
WHEREAS, Orono does not maintain a fire department and desires to purchase
fire protection from Wayzata,
NOW, THEREFORE, in consideration of the covenants herein contained, the
parties hereto agree as follows:
1 - Services to be Rendered. During the term of this agreement, Wayzata shall
furnish fire fighting services to that portion of Orono shown on the attached Exhibit A.
Such services shall be substantially the same in extent and quality as those rendered by
Wayzata within its own corporate limits and shall utilize the equipment and personnel of
Wayzata.
2. Term. Wayzata undertakes to provide such services during the period
beginning midnight, January 1, 2017 and expiring at one minute before midnight
December 31, 2017, unless extended in accordance with the provisions hereof.
3. Compensation. Orono agrees to pay to Wayzata and Wayzata agrees to
accept as payment for services rendered an annual charge based upon the percentage
of calls in Orono for the preceding three-year period, calculated against the Wayzata
Fire Department's operating budget for the contract year.
4. Command Responsibility. The Fire Chief of Wayzata or his deputy shall have
the sole and exclusive right and responsibility to prescribethe manner and method of
giving the alarm for fire within Orono, and to prescribe the manner and method of
responding to calls and rendering the services contemplated. The said Fire Chief or his
deputy shall immediately upon arriving at the scene of any alarm or fire emergency
have the sole and exclusive responsibility and authority to direct and control any and all
firefighting and emergency operations at such scene or scenes, including the direction
of police officers at the scene with respect to traffic control, protection of citizens and
other incidents of the emergency.
5. Orono Not Responsible for Expenses. All 'expenses of maintaining Wayzata's
equipment, apparatus, salaries, insurance premium and any and all other items of
expenses connected with the services to be performed by Wayzata under this
agreement shall be at the sole expense of Wayzata, and the sole amounts payable from
Orono to Wayzata shall be the amount specified above in paragraph 3.
6. Nature of Wayzata's Undertaking, Without limiting thegenerality of the
foregoing, the Fire Chief of Wayzata or his deputy will have the sole discretion as to the
firefighters and equipment that will answer each alarm, provided that protection will be
reasonable considering available firefighters and equipment, as outlined in paragraph 4.
Wayzata will exercise reasonable judgment in whether it is unable to respond or to
respond promptly or to respond with only limited firefighters and equipment, or is
delayed in responding to a call by reason of answering a previous call.
7. Extension. This agreement may be extended for successive terms of one
year upon the mutual written assent of both parties entered into prior to the expiration of
the then current term.
8. Insurance. Wayzata agrees to maintain liability insurance for its services and
shall include Orono as an additional insured for the term of this contract and any
extensions thereof. Wayzata shall maintain insurance equal to or greater than the
maximum liability applicable to municipalities as set forth in Minnesota Statutes, Section
466.04, subd.l. Wayzata shall also maintain workers' compensation coverage as
required by law. Proof of insurance shall be provided in the Appendix to this agreement
9. Indemnification. Wayzata agrees to defend and indemnify Orono against any
claims brought or actions filed against Orono or any officer, employee, or volunteer of
Orono for injury to, death of, or damage to the property of any third person or persons,
arising from Wayzata's performance under this contract for services. Under no
circumstances shall Wayzata be required to pay on behalf of itself and Orono, any
amounts in excess of the limits on liability established in Minnesota Statutes, chapter
466 applicable to any one party. The limits of liability for Orono and Wayzata may not
be added together to determine the maximum amount of liability for Wayzata.
10. Agents and Employees. No voluntary fire fighter, agent, employee or official
of Wayzata shall at any time or in any manner be deemed to be a voluntary fire fighter,
agent, employee or official of Orono by reason of the performance of work or the
providing of services for or on behalf of, or within the territorial limits of, the City of
Orono.
11 Assignment. This Agreement may not be assigned by either party hereto
without the other's prior written consent.
12. Amendment. This Agreement embodies the entire agreement between
Orono and Wayzata with respect to the subject matter hereof, and all prior discussions,
negotiations and agreements are merged herein. This Agreement may be amended or
modified only by an agreement in writing by the City Councils of both Cities and
executed on behalf of both Cities.
IN WITNESS WHEREOF, the parties hereto have executed this agreement the
day and year first above written.
CITY OF ORONO
ATTEST:
dmini Mayor
CITY OF WAYZATA
A
ATTEST:
City Manager Mayor
THIS AGREEMENT AND CONTRACT made and entered into this _ day of
1 2002 by and between the City of Long Lake a municipal corporation of the County
of Hennepin and State of Minnesota (hereinafter referred to as Long Lake), the City of Orono, a
municipal corporation of the County of Hennepin and State of Minnesota (hereinafter referred to
as the Contracting City), and the City of Medina, a municipal corporation of the County of
Hennepin and State of Minnesota (hereinafter referred to as the Contracting City), and
witnesseth:
WHEREAS, the City of Long Lake has the facilities and equipment and is willing and
able to provide fire protection service to the Contracting City, and
WHEREAS, the Contracting City does desire to have fire protection service famished by
the City of Long Lake Fire Department.
NOW, THEREFORE in consideration of the covenants herein contained the parties
hereto agree as follows:
Definitions
A. The term Contracting City or the Contracting Cities means any city which is a
party to this Agreement or similar Agreement which by its terms is interrelated
with this Agreement for the purposes of sharing the costs and the services of fire
protection provided by the Long Lake Fire Department. The Contracting Cities
are Orono, Medina and Long Lake.
B. City Fire Service Area is the area within a Contracting City receiving fire
protection from the Long Lake Fire Department. (City Fire Service areas are
shown in Appendix A. attached.) The Total Fire Service Area is the sum of all
City Fire Service Areas.
2. Services to be Rendered
During the term of this agreement Long Lake shall famish all the fire fighting services,
rescue/medical rescue services, and related fire protection services to the Contracting
Cities for the Total Fire Service Area outlined in red on the attached map marked Exhibit
A hereinafter referred to as "The Total Fire Service Area." All of said Total Fire Service
Area is located within the corporate limits of the Contracting Cities.
3. Level of Service
Long Lake through its fire department shall endeavor to provide the services listed in
paragraph 2 above, including but not limited to, protecting and saving life and property
from destruction by fire in the City Fire Service Area of each Contracting City to the
same extent as it does within the City Fire Service Area of Long Lake. In the event of
two fire calls received within the same time frame, the call first received shall have
priority and the second call shall be answered as soon as possible. Long Lake will
ftirnish sufficient staff to each call to safely, legally and effectively operate all necessary
velicles and equipment and provide all necessary services.
4. Command Responsibilitv
Subject to the terms of this agreement, the Fire Chief of Long Lake or the Chief s
designee shall have the sole and exclusive right and responsibility to prescribe the
manner and method of giving the alarm for fire within the Total Fire Service Area and to
prescribe the manner and method of responding to calls and rendering the services
contemplated. The said Fire Chief or designee shall immediately upon arriving at the
scene of any alarm or fire emergency have the sole and exclusive responsibility and
authority to direct and control any and all fire fighting and the emergency operations at
such scene or scenes.
5. Volunteer Fire Fi&ters of the Ci1y of Long Lake
Personnel assigned to provide fire protection services in the Contracting Cities shall be
volunteer firefighters of the City of Long Lake, which City shall assume all obligations
with regard to Worker's Compensation, Firemen's Relief Association, withholding tax,
insurance, etc. for such volunteer firefighters, if any.
The cost of such obligations shall be a part of the costs attributed to the operation of the
Long Lake Fire Department and will be included in the Annual Fire Services Budget
Package.
6. Nature of Long Lake Undertakin
In no event shall this agreement be construed to fix upon Long Lake any responsibility or
liability to the Contracting Cities or to third parties which are greater or different in kind
than the responsibilities and liabilities borne by the Contracting Cities if they were
providing such sei-vices through their own fire departments.
7. Liabilily Insurance
Long Lake shall carry liability insurance in an amount no less than $1,800,000.00
protecting itself and the other Contracting Cities against damage claims of its fire fighters
for personal injury sustained while in service within the said limits of the Contracting
Cities as hereto set forth. The amount of the insurance coverage shall be reviewed
annually and if determined to be inadequate the amount of the coverage shall be adjusted
accordingly. And further, Long Lake shall carry liability insurance in an amount no less
than $1,800,000.00 saving the contracting cities harmless so far as acts of the City of
Long Lake, its fire department and its fire fighters are concerned. The City of Long Lake
shall review the amount of the coverage annually and if determined to be inadequate, the
2
amount of the coverage shall be adjusted accordingly. The cost of such insurance shall
be a part of the costs attributed to the operation of the Long Lake Fire Department and
will be included in the Annual Operating Budget. Nothing in this contract shall be
construed as waiving the statutory liability limits of any city, which is a party to this
contract.
8. Long Lake ODerational ReWonsibility
The City of Long Lake shall be responsible for managing the operation of the Long Lake
Fire Department, and for managing tie on-going operation and maintenance of the Long
Lake fire station. This includes carrying builders risk insurance during construction of
the new Fire Station and carrying hazard insurance on the Fire Station thereafter. Long
Lake shall charge an annual Administrative Fee for these services. The Administrative
Fee of $17,200 for 2002 includes Long Lake's administrative overhead expenses. The
Administrative Fees may be adjusted from year to year through the Annual Fire Services
Operating Budget review and approval process. The costs related to the operation of the
Fire Department, including the on-going operation and maintenance of the Fire Station,
shall be included in the Annual Fire Services Operating Budget.
9. Budget Package
The Long Lake Fire Department's annual operating expenditures will be controlled
through an Annual Fire Services Operating Budget. When the Annual Fire Services
Operating Budget is approved, the expenditures may not exceed the level set in the
Budget without the approval of all parties to the contract. If, during the 20 -year term of
the agreement, a Contracting City chooses not to approve a proposed Annual Fire
Services Operating Budget, the Annual Fire Service Operating Budget increase will be
limited to the average annual General Fund Budget increase of the Contracting Cities,
until a new Annual Fire Services Operating Budget is approved by all Contracting Cities.
9.1 Definitions
A. The Annual Fire Services Operating Budget refers to the calendar year operating
budget of the Long Lake Fire Department. This budget will become the official
Annual Fire Services Operating Budget upon ratification by the Contracting
Cities. The Annual Fire Services Operating Budget incorporates all costs of
departmental operations including, but not limited to, the costs of the on-going
operation and maintenance of the fire station, Long Lake's Administrative Fee as
defined in Section 8 of this Agreement, and annual contributions to the Long Lake
Volunteer Fire Relief Association Retirement Fund.
B. The Annual Fire Services Capital Budget refers to the calendar year capital
budget of the Long Lake Fire Department. The Annual Fire Services Capital
Budget includes Major Equipment items and major repairs/rehabilitation of the
Fire Station.
3
9.2 Budget Process
By August 15 of each year during which this agreement remains in effect, the
City of Long Lake will provide an Annual Fire Services Operating Budget and an
Annual Fire Services Capital Budget covering the costs related to the provision of
fire protection for the next year. The budgets presented to the Contracting cities
must have been presented to the Joint Advisory Committee prior to August 1 for
discussion and review. Although it is expected that the Annual Fire Services
Operating and Capital Budgets which are provided to the Contracting Cities by
the City of Long Lake will have the consensus support of the Joint Advisory
Committee, that is not a requirement since each Contracting City has the
opportunity for final ratification or rejection.
10. Tenn of this Ag[eern
This Agreement covers the period January 1, 2002 through December 31, 2020, A
contract year covers the period January I through December 31 of a calendar year.
This Agreement will become effective upon ratification by the Contracting Cities. The
term of this agreement will be extended for a period of five years unless this Agreement
is terminated as provided in Section 20 of the Agreement.
11. Capital Expenditures
Capital expenditures include major equipment and major maintenance, repair, or
rehabilitation to the fire station. Major equipment is defined as "rolling stocle' or similar
major equipment assets required for perfon-ning the fire department mission in the Fire
Protection Area. To qualify as major equipment, such assets must have an initial
purchase value of at least $10,000. To qualify as major maintenance, repair, or
rehabilitation, the cost must be at least $ 10,000.
The City of Long Lake and the Long Lake Fire Department shall prepare a 15 -year major
equipment replacement plan, and a 15 -year plan for major maintenance, repair, or
rehabilitation itenis related to the fire station. These 15 -year plans will be the basis for
the preparation of an annual capital budget. Neither the approval nor lack of disapproval
of the 15 -year plans by the Contract Cities creates any obligation for final approval or
flinding of any specific capital expenditure. Final approval of capital expenditures occurs
as part of the Annual Fire Services Capital Budget approval process.
Capital expenditures must be approved by a minimum of two cities and the combined
funding shares of the two cities must be greater than 60%. Once this level of approval is
obtained, all Contract Cities are obligated to Rind their share of the expenditures.
The final approval of capital expenditures occurs as part of the Annual Fire Services
Capital Budget approval process. When a city approves the Annual Fire Services Capital
Budget, the city is also agreeing to pay its share of the cost of capital expenditures
4
included in the Annual Fire Services Capital Budget up to the budgeted amount, for the
items budgeted.
Each Contracting City agrees to maintain its own fund for capital expenditures. When a
capital expenditure is to be made, the following process for sharing the funding will be
used:
A. Long Lake will have the option of fimding any percentage of the total, which is
equal to or greater than the average of its last three City Budget Percentages
including the current calendar year.
B. Orono will have the option of funding the remaining amount. If Medina does not
wish to fund the total of the remaining amount, it must fund at least the average of
its last three City Budget Percentages including the current calendar year and may
fund more if it chooses.
C. Medina will fimd the balance remaining to be funded after Long Lake -and Oro -no
have specified their fimding amounts.
11.1. Disposition of Major Equipment Upon Termination
In the event that this Agreement is terrninated as provided in section 20 of this
Agreement, Long Lake will have the right to purchase each Contracting Citys
ownership share of each Major Equipment item for cash at the original amount
funded by that city. In the event Long Lake does not exercise its right to acquire
the major equipment items within sixty (60) days of termination, it will have
waived its right to acquire full title to the equipment. If Long Lake waives its
right to acquire full title to a particular Major Equipment item, the Contracting
City with the largest ownership share of that item shall have the right to acquire
fall title to the item by paying the amount funded by each of the other Contracting
Cities. If that City declines to acquire full title, the remaining Contracting City
may acquire title on the same terms. In the event that no Contracting City wishes
to acquire full title to a particular Major Equipment item, it shall be sold and the
proceeds of the sale divided between the Contracting Cities pro -rata to their
original funding. All Major Equipment items funded during the term of the
contract, including extensions, will be covered by this terminating procedure.
The dissolution language applies to all equipment purchased, and fund balances
accrued, since January 1 of 1993. This language is not intended to address any
claim cities may have regarding equipment purchased prior to January 1, 1993.
No contracting city shall have the right to transfer or encumber any major
equipment purchased after January 1, 1993.
5
12. Eniggengy Expenditures
When there is a need for emergency major equipment repair or emergency building
repEr, or other emergency need that will have a substantial negative impact on the
operational capabilities and/or safety of the firefighters or of the fire station if not
immediately addressed, the emergency expenditures may be authorized by the Long Lake
City Administrator and the Long Lake Fire Chief, or their designees. If these costs
exceed the approved budget amounts, the Long Lake City Administrator and/or the Fire
Chief will, within thirty days of the expenditures, notify the Contracting Cities of the
expenditure, including an explanation of the emergency need. Emergency expenditures
will be shared according to the cost sharing formula set out in this contract. Any
reimbursement of the emergency expenditures through insurance, emergency/disaster
assistance flinding, or other sources will be credited to the Contract Cities in the same
manner as the costs were shared.
13. Annual Audit of Actual Costs
The Contracting City understands and agrees that it is impossible to project with
complete accuracy the actual costs of labor and equipment as well as the service to be
required by each Contracting City for the forthcoming contract year and thereby hereby
agrees to a yearly audit to adjust the prior year's estimated cost of service as set forth
above to the actual costs incurred by the City of Long Lake. On or before April 30th.of
each year the City of Long Lake will tabulate the actual cost of the fire department
budget for the prior contract year and will submit to the Contracting Cities a summary of
the actual costs. The actual costs set forth for the prior contract year may result in either
a surplus or deficit with respect to that year's Annual Operating Budget. Any surplus
shall be reftinded to the contract cities in the same ratio as the cost allocation formula.
Any deficit shall be funded by the contract cities in the same ratio as the cost allocation
formula. It is expected that expenditures will remain within the Annual Operating
Budget amounts and will only exceed such budget amounts in the case of an emergency
expenditure as provided in Section 12 or when mutually agreed to by the Contracting
Cities as provided in Section 14 of this Agreement.
14. Unforecasted Lxpenditures
Notwithstanding any of the above, the Contracting Cities shall have the right to be heard
regarding any proposed expenditures which are not identified in the Annual Operating
Budget and which exceed $5,000. Notice of such proposed, non -budgeted expenditures
shall be given in writing to the Contracting Cities prior to actual expenditures for such
items and the Contracting cities shall thereafter have 21 days in which to approve or
disapprove the same in writing and if there is no response which disapproves the
expenditure, it is agreed that such proposed expenditures may be made and the cost
thereof shall be included in the Annual Operating Budget as if ratified originally.
R
15. Contract PUMents
The City Budget Share (See Section 16.2) of each Contracting City shall be paid in equal
qualterly installments on January 1, April 1, July I and October 1 of the next contract
year by the Contracting City to the City of Long Lake.
Long Lake agrees to provide each Contracting City with reasonably detailed information
relating to the actual expenditures against the Annual Operating Budget at its request and
on a quarterly basis and agrees to make its records available to the Contracting City for
inspection for the purpose of determining the basis for the allocation of costs to fire
protection.
16. Arbitration
If a Contracting City is aggrieved by the determination of the City of Long Lake as to the
allocation of the actual costs of the prior year's service, the Contracting City may appeal
said determination within 30 days after receipt of the City of Long Lake's audit. Said
appeal shall be in writing and shall be addressed to the City of Long Lake asking for
arbitration by a board of arbitration. The Board of Arbitration shall consist of three
persons; one to be appointed by the City of Long Lake, one to be appointed by the
appealing Contracting City, and the third to be appointed by the two so selected. The
name of each arbitrator shall be submitted in writing to the other party. In the event that
the two arbitrators so selected do not appoint the third arbitrator within 15 days after
receipt of written notice of appointment of either of the first two arbitrator's, the Chief
Judge of the District Court of Hennepin County shall have jurisdiction to appoint, upon
application of either the Contracting Cities or the appealing Contracting City, the third
arbitrator to the Board. The third arbitrator selected shall not be a resident of either
Contracting City, and shall be a city manager or administrator. The arbitrator's expenses,
not including counsel fees, incurred in the conduct of the arbitration, shall be divided
equally between the parties to the arbitration. Arbitration shall be conducted in
accordance with the Unifonn Arbitration act, Chapter 572 of the Minnesota Statutes, and
any decision shall be rendered within 60 days of appointment of the third arbitrator. Said
arbitration shall b6 binding on both parties.
17- Special Fire Funds
In order to facilitate the accounting and reporting of all fire funds associated with the
Annual Operating Budget, a Fire Operating Fund will be maintained by the City of Long
Lake. No Major Equipment Fund will be maintained by the City of Long Lake on behalf
of the Contracting Cities as a part of this agreement since under the provisions of Section
I I each Contracting City agrees to maintain an Equipment Fund on its own.
7
18. Fire Services Joint AdvimmCommittee
Each Contracting City may appoint two volunteer members to a Fire Services Joint
Ad�isory Committee and the name of such appointees shall be furnished to Long Lake.
The Fire Services Joint Advisory Committee shall meet no less than four times per year
to discuss and make recommendations regarding concerns or problems identified
regarding the provision of fire service, and to periodically review budget updates. The
Fire Services Joint Advisory Committee shall have the specific task of reviewing the Fire
Department's operating and capital budget proposals for the next calendar year and
arriving at a consensus Annual Fire Services Operating Budget and Annual Fire Services
Capital Budget by August 15 of each calendar year.
19. Cost Sharing Formula
Each of the Contracting Cities receiving fire service from the Long Lake Fire Department
shall pay a share of the costs of the Annual Fire Services Operating and Capital Budgets.
The City's Budget Share will be based upon a formula, which takes into account the
Market Value of the protected property and the fire department staff resources utilized to
protect the property. The objective is to fairly allocate "insurance" type costs and "effort
and variable" type costs. The Contracting Cities have agreed that 70% of the share
allocation will be based upon Market Value and 30% upon fire department hours
expended on calls to the City Fire Service Area.
19.1 Definitions:
A. City Fire Service Area is the area within a Contracting City provided fire
protection under this contract. The City Fire Service Area for each
Contracting City is shown in Appendix A (attached).
B. City Fire Service Area Market Value is the assessed market value of the
property in the City Fire Service Area and is based upon the assessed
market value for the year immediately preceding the budget year. The
source of the assessed market value data shall be the Hennepin County
Assessor's Office.
C. Total Service Area Market Value is the sum of the City Fire Service Area
Market Values of all contracting cities.
D. City Market Percent is the percentage computed by dividing the City Fire
Service Area Market Value by the Total Service Area Market Value and
multiplying by 100.
E. City Call Hours is the total number of fire fighter hours expended in
responding to calls in the City Fire Service Area as recorded by The Long
OTO
Lake Fire Department during the preceding three year period measured
from January I through December 3 1.
F. Total Call Hours is the total number of fire fighter hours expended in
responding to calls in all contracting cities during the previous three-year
period measured from January I through December 3 1.
G. Call Percent is the percentage computed by dividing the City Call Hours
by the Total Call Hours and multiplying by 100.
H. City Budget Percentage is the percentage derived from the sum of the City
Market Percent multiplied by 0.7 and the City Call Percent multiplied by
0.3.
19.2 Budget Share Cg=utation:
City Budget Share is the City Budget Percentage multiplied by the Annual Fire
Services Operating Budget and the resulting product divided by 100.
19.3 Formulae for Calculations
A. City Market Percent � (B x 100) / (C) percent
Where B = City Fire Service Area Market Value
C = Total Fire Service Area Market Value
B. Call Percent = (E x 100) / (F) percent
Where E = City Call Hours
F = Total Call Hours
C. City Budget Percentage [(City Market Percent x 0.70) + (Call Percent x
0.30)]
D. City Budget Share = (City Budget Percentage /100) x (Annual Operating
Budget less Major Equipment expenditures)
E. The City Budget Share of capital expenditures is determined under the
provision of Section 11.
Termination of this Agreement
This Agreement shall be terminable only as follows:
I For "Good Cause" by any city that desires to terminate its participation in the
Agreement provided that such termination is preceded by a minimum of 36-
�fl
months notice. "Good Cause" shall mean, but is not limited to, a pattern of
inadequate service quality; including inadequate response to call, inadequate
training, and inadequate handling of calls; and/or a pattern of budget overruns.
2. For breach of contract;
3. By mutual agreement of all cities covered by the agreement.
4. City of Medina may terminate its participation in this Agreement without cause,
subject to providing a twenty-four month notice of termination.
5. This agreement may be renegotiated or terminated by the cities to enable
participation in a fire district or similar organizational arrangement.
21. Provision to gust Cily Fire Service Area
During the period of this agreement a Contracting City may request that its City Fire
Service Area be reduced or increased in size. Such a request must be made prior to July
I of the Contract Year to allow time for preparing the Annual Fire Services Budget for
the succeeding Contract Year. In the event that a Contracting City proposes an increase
to its City Fire Service Area, the City of Long Lake in consultation with the Long Lake
Fire Department shall have the right to limit the increase to assure that coverage at the
service level provided under this agreement can be achieved by the Fire Department. The
service area shall not be increased to the extent that it requires the purchase of additional
equipment unless all parties to the contract agree. In the event that a Contracting City
wishes to decrease and/or alter the location of its City Fire Service Area it may do so by
specifying those changes in writing by July 1 of the year prior to the contract year with
respect to which such change is to be effective.
10
Approved by the Cities of Long Lake, Orono, and Medina on the date first written above.
CITY OF LONG LAKE
CITY OF ORONO
J�Vj
CITY OF MEDINA
" I � jiw
MAYOR "- i
ATTEST
CITY ADMINISTRATdR
ATTEST
CITY ADMMSTRATOR
ATTEST
CITY ADMINISTRATOR�
11
ADDENDUM TO CONTRACT
FOR FIRE PROTECTION
THIS CONTRACT is made and entered into this 12th day of December, 2011 between
the CITY OF LONG LAKE, Hennepin County, Minnesota, and the CITY OF ORONO,
Hennepin County, Minnesota (herein collectively the "Cities").
WHEREAS, the Cities previously entered into an "Agreement and Contract for Fire
Protection7 dated October 15, 20 02 (hereinafter the "Fire Protection Agreement,') attached
hereto as Exhibit "A"; and
WHEREAS, the Cities also previously entered into a "Contract for Joint Ownership" of
a new fire station located at 340 Willow Drive, Orono, Minnesota (hereinafter the "Long Lake
Fire Station ") attached hereto as Exhibit "B"; and
WHEREAS, the Contract for Joint Ownership provides that at the time of completion of
construction of the Long Lake Fire Station that Long Lake will be responsible for operating and
maintaining the fire station, and that the costs incurred by Long Lake for operating and
maintaining the fire station building along with the costs associated with the operation of the
services provided from the fire station would be reimbursed to Long Lake as part of an amended
Fire Protection Agreement using the same cost-sharing formula as is currently in place; and
WHEREAS, The Long Lake Fire Station has been built and is operational; and
WHEREAS, The Long Lake Fire Department is now providing fire services to the
Navarre area of Orono; and
WHEREAS, The Long Lake Fire Station #2 has now been built in Navarre, and is
operational; and
WHEREAS, the Cities desire to add an addendum to the existing Fire Protection
Agreement to reflect the provision of fire services to the Navarre area of Orono, and the
operational costs related to Fire Station No.2.
NOW, THEREFORE, in consideration of the mutual promises and agreements herein
set forth the Cities do hereby agree as follows:
1. FIRE STATION No. 2 OPERATIONS. Long Lake agrees to oversee all
activities and operations at Fire Station No. 2 under the same terms and conditions as previously
agreed to in the existing Fire Protection Agreement. All references in the existing Fire
Protection Agreement to the Long Lake Fire Station shall be extended to include Fire Station No.
2.
2. COSTS AND EXPENSES. Long Lake will be responsible for operating and
maintaining the fire station, and the costs incurred by Long Lake for operating and maintaining
the fire station building along with the costs associated with the operation of the services
*r')DOM 9,/'-
provided from the fire station will be reimbursed to Long Lake as part of an amended Fire
Protection Agreement using the same cost-shating formula as is currently in place.
3. DEFINITIONS. The Cities agree that "City Fire Service Areas" and the "Total
Fire Services Areas" have changed to include the Navarre area of Orono, as indicated on the
attached map.
4. SERVICES TO BE RENDERED. The Cities agree that Paragraph #2 of the
existing Fire Protection Agreement is intended to include and cover the services and operations
related to the Navarre area of Orono, and Fire Station No. 2.
5. LONG LAKE OPERATIONAL RESPONSIBILITY. The Cities agree that
Paragraph #8 of the Existing Fire Protection Agreement includes responsibility
for managing the operation of Fire Station No. 2.
6. STATE FIRE AID ALLOCATION AGREEMENT (2% insurance). The Fire
State Aid allocation agreement has been amended to allocate the State Aid related
to the Navarre area to the City of Long Lake.
APPROVED by the Cities of Long Lake and Orono on the date, first above written.
CITY OF LONG LAKE CITY OF ORONO
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BY:
Its Mayor7 ;ItsMayor
AND -JJ4�, i4 AND
fis'City Administrator City A s r
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City of Orono, unnesota