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08-12-2019 Council Packet
Agenda Council Meeting Monday, August 12, 2019, 7:00 P.M. Orono Council Chambers, 2780 Kelley Parkway, Orono, MN 55356 952-249-4600 / www.ci.orono.mn.us The public is invited to address the council regarding any item on the regular agenda. If your topic is not on the agenda, you may speak during the Public Comments section. Roll Call Pledge of Allegiance Approval of Agenda Consent Agenda 1. City Council Meeting Minutes of July 22, 2019 2. Work Session Meeting Minutes of July 22, 2019 3. Claims/Bills 4. Annual Sportsmen's Gun Club — Limited Use Permit 5. Hosted Servers 6. Bederwood Sports Field Award 7. Local Trails Connection Grant Application Resolution 8. Sewer Pumps Replacement 9. Appointment of Seasonal Employees 10. LA19-000033 — Chuck Alcon o/b/o Eric and Andrea Larson, 690 Brown Road, Final Plat and Development Agreement Approval 11. LAI 8-000038 — James and Mary Jundt, 1400 Brackets Point Road, Development Agreement Amendment Approval 12. LAI 9-000050 — Paul Vogstrom o/b/o Eric Vogstrom, 2710 Pence Lane, Variances — Resolution 13. LAI 9-000051— Dale Gustafson o/b/o John & Trudy Wilgers, 1905 Concordia St, Variance — Resolution 14. City Clerk Job Description Revision Public Comments — (Limit 5 Minutes per Person) This is an opportunity for the public to address matters not on the agenda. The council will not engage in discussion or take action on items presented at this time. However, the council may refer issues to staff for follow up or consideration at a future meeting. Speakers should state their name and home address at the podium before speaking. Presentation 15. 2018 Audit Presentation Sign up for email notifications at www.ci.orono.mn.us — follow links for Stay Connected & Email Notification Agenda Council Meeting Monday, August 12, 2019, 7:00 P.M. Orono Council Chambers, 2780 Kelley Parkway, Orono, MN 55356 952-249-4600 / www.ci.orono.mn.us Planning Department Report 16. LAI 9-000047 - Scott Gates o/b/o Kruckeberg Real Estates, 4400 Deering Island, Comprehensive Plan Amendment, Amend MUSA Boundary 17. LAI 9-000048 - Premium Construction LLC, 2967 Casco Point Road, Variance - Resolution Mayor/Council Report City Administrator Report 18. Request for Proposal - Professional Legal Services 19. Aptive Environmental Request for Extension of Solicitor's City Attorney Report Closed Session The meeting will be closed as permitted by section 13D.03 to discuss the City's labor negotiation strategy related to the City's negotiations with LELS, Patrol and LELS, Sergeants. Adjournment Upcoming Events 2019 08-19-19 Planning Commission Meeting, Monday, 6:30 p.m. (Victoria Seals) 08-26-19 City Council Work Session, Monday, 5:00 p.m. 08-26-19 City Council Meeting, Monday, 7:00 p.m. 09-02-19 Official Holiday - City Offices Closed 09-03-19 Park Commission Meeting, Tuesday 6:30 p.m. 09-09-19 City Council Meeting, Monday, 7:00 p.m. 09-16-19 Planning Commission Meeting, 6:30 p.m. (Matt Johnson) 09-23-19 City Council Work Session, Monday, 5:00 p.m. 09-23-19 City Council Meeting, Monday, 7:00 p.m. Sign up for email notifications at www.ci.orono.mn.us — follow links for Stay Connected & Email Notification MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, July 22, 2019 7:00 o'clock p.m. ROLL CALL The Orono City Council met on the above-mentioned date with the following members present: Mayor Dennis Walsh, City Council Members Richard Crosby, III, Matt Johnson, and Victoria Seals. Representing Staff were City Administrator Dustin Rief, Finance Director Ron Olson, Development Director Jeremy Barnhart, City Planner Melanie Curtis, Public Works Director/City Engineer Adam Edwards, City Attorney Soren Mattick, and Recorder Jackie Young. Mayor Walsh called the meeting to order at 7:00 p.m., followed by the Pledge of Allegiance. APPROVAL OF AGENDA CONSENT AGENDA 1. CITY COUNCIL MEETING MINUTES OF JULY 8, 2019 2. CITY COUNCIL WORK SESSION MINUTES OF JULY 8, 2019 3. CLAIMS/BILLS C►�IIG s�`►I.y �I :LY:_ ►U ' :�'iU'T•" 5. APPOINTMENT OF 2019 SEASONAL EMPLOYEES 6. 2019 STORMWATER IMPROVEMENTS PROJECTS 7. LA19-000039 — BRANDSTETTER CARROLL, INC., ON BEHALF OF CAMP TEKO, 645 TONKAWA ROAD, CONDITIONAL USE PERMIT AND VARIANCES — ISA-ZI]Aly4(17,�CIUVLQIN 8. LA19-000046 JOHN KRAEMER & SONS ON BEHALF OF OCBR 1, LLC, 855 OLD CRYSTAL BAY ROAD SOUTH AND 2885 LITTLE ORCHARD WAY, DRAINAGE AND UTILITY EASEMENT VACATION — RESOLUTION NO. 7004 9. LA19-000052 SVEN GUSTAFSON ON BEHALF OF ORONO ORCHARD, LLC, 385 ORONO ORCHARD ROAD SOUTH, DRAINAGE AND UTILITY EASEMENT VACATION — RESOLUTION NO. 7005 14. CITY OF ORONO: CHAPTER 34 TEXT AMENDMENT, AMENDING TITLE IV BUSINESS, LICENSING, LIQUOR REGULATION PERTAINING TO TYPES OF LICENSES Crosby moved, Seals seconded, to approve the Consent Agenda as revised, with the addition of Item No. 14. VOTE: Ayes 4, Nays 0. PUBLIC COMMENTS None Page 1 of 10 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, July 22, 2019 7:00 o'clock p.m. FINANCE DIRECTOR REPORT 10. SECOND QUARTER FINANCIAL REPORT Olson provided a recap of the City's second quarter financials, noting that these numbers are unadjusted at this time. As it relates to the City's revenues, 52 percent of that consists of property taxes. Licenses and permits are at 69 percent of budget. Last year the City was at 84 percent of the budget at the same time, primarily due to the school project. Police service contracts are at 85 percent of the budget. Charges for services consists of the police service contract as well as other items. The golf course is at 52 percent for the year. Olson indicated he is not sure how that portion of the budget will end up at the end of the year due to the poor weather at the beginning of the season. Interest is not allocated to all the funds until the end of the year, which is why those numbers are low at this time. Based on these numbers, it is anticipated the City will end up between 102 and 104 percent of revenue unless something unexpected happens. Expenditures through the first half of the year are also within budget. The majority of the departments are either just above 50 percent or just under 50 percent, which is where they should be for this time of year. The only budget that is slightly concerning is the Public Works Department, due largely to the heavy snowfalls experienced this past winter. The golf course is at 56 percent of budget at this point and that is related to a significant amount of money being spent at the beginning of the year getting the course ready to open. Overall the City is at 49.76 percent of budgeted expenditures. Olson reviewed the top ten vendors for the second quarter. GMS Asphalt was the number one vendor for the second quarter as a result of the 2019 street improvement projects. The second top vendor was the League of MN Cities, followed by Health Partners, sewer charges and fire service, the Metropolitan Council Environmental Services for wastewater and SAC charges, Bolton & Menk, and Dodge of Burnsville. Seals asked if the City has looked at the market recently to compare rates for health insurance. Olson indicated Staff has not done that at this point and that the City has to provide Logis with a six- month notice if the City will be using another service. Logis is a consortium of approximately 20 cities that have gotten together for health insurance. Bids are obtained every four or five years. In the past there has been two providers but within Logis there are a number of different plans cities can choose from. A few years ago the City went to a high deductible plan in an effort to save money on premiums. Seals asked if there is a way to have Logis look at their options more often than every four to five years. Olson stated the decisions made by Logis are made by their executive board and that Orono has membership in the group, along with the other cities. Seals commented it seems like this item consistently goes up and that the City should indicate to Logis that they are not meeting their expectations. Olson stated to his knowledge this is the year Logis will be going out for bids and by next June the new bids should be in. The most likely place the City could obtain insurance through is called PEIP, Public Page 2 of 10 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, July 22, 2019 7:00 o'clock p.m. Employee Insurance Plan, which is through the State of Minnesota. Their increases have been running in single digits rather than double digits like some of the others. Seals asked why the City could not combine forces with the school district in order to obtain a better rate. Olson stated he is not sure where the Orono School District purchases their insurance through and that part of the reason for the higher premiums is that Orono does not have a good loss rating. According to the numbers, HealthPartners has paid out more in claims than what the City has paid in, which makes Orono a group that a lot of entities do not want to partner with. Orono went out for RFPs approximately five years ago and not one insurance company provided the City with any proposal due to that loss rating. Olson stated it is his belief that situation has not improved substantially but that Staff will be undergoing that process over the next nine to ten months. Crosby suggested the City consider implementing a wellness program to help get their rates down. Olson reviewed the year-to-date top vendors. Bond Trust Services Corporation, who handles the City's debt service payments, is the top vendor, followed by GMH Asphalt, HealthPartners, the City of Long Lake, Metropolitan Council Environmental Services, the League of Minnesota Cities, and Bolton & Menk. Seals asked why the City's payment to the Metropolitan Council Environmental Services is so high. Olson indicated Minnesota is on pace for the wettest decade on record and that a substantial amount of that is related to payments for I&I. Walsh commented hopefully the lining of the sewer pipes will help minimize that. Edwards stated the Public Works Department is looking at doing a sewer lining project this fall. Olson stated overall the City's budget is looking to be in good shape. Crosby asked whether the Dayton project is still going forward. Olson stated on that project cash was provided rather than a letter of credit, which was then refunded, but that it is not considered a cost to the City. The City Council took no formal action on this item. PUBLIC COMMENTS, CONTINUED Tony Sarenpa, 2630 Fox Street, stated he is here tonight about the Miller property that is located just north of the fire station. Sarenpa indicated he has had some discussions with some of the Council Members and Staff about some possible types of opportunity. The property consists of 1.75 acres but is landlocked. In order for some type of development to occur on the property, some type of deal will need to be reached with the City. Walsh recommended he contact the City Administrator to discuss his options. Page 3 of 10 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, July 22, 2019 7:00 o'clock p.m. PUBLIC WORKS/CITY ENGINEER REPORT 11. 2019 STORMWATER IMPROVEMENT PROJECTS — COUNTRY SIDE AND OLD CRYSTAL BAY ROAD DESIGN REVIEW Edwards stated this item is to gain approval/direction on the design and associated costs of the project prior to soliciting bids. The City contracted with Bolton & Menk to conduct a drainage analysis and provide recommendations. The estimated cost to complete the project is approximately $207,000. In 2015, the City Council directed Staff to perform maintenance activities on the pipes and associated ditchways in an effort to address the nuisance flooding that occurs during times of heavy rainfall. Those ditches were again dug out in 2018. The City also assisted the homeowners' association with some pond work. In March of 2018, the City Council directed Staff to revisit the issue as part of the 2019 stormwater improvement projects. The scope of the project recommended includes replacement of the 18 -inch CMP trail crossing culvert with dual 18 -inch RCP culverts, replacement of the 18 -inch CMP south of Countryside Drive with 30 - inch RCP, replacement of the 15 -inch CMP east of Old Crystal Bay Road with 18 -inch RCP, removal of 254 feet of 18 -inch CMP north of Countryside Drive, and replacement with a ditch and 60 feet of 30 -inch RCP. The goal of the project would be a significant reduction in the amount of time there would be flooding during those rain events. Approximately 39 acres feeds directly into these pipes along with another 30 acres into the pond. The costs for the various recommended improvements are as follows: Item 1: Replace 18 -inch CMP with 2 x 18" RCP at a cost of $32,886.00. Item 2: Replace 18 -inch CMP with 30" RCP at a cost of 88,364.25. Item 3: Replace 15 -inch CMP with 18" RCP at a cost of $24,050.25. Item 4: Replace 18 -inch CMP with ditch and 30" RCP at a cost of $61,904.25. Edwards noted the total cost of all the improvements would be $207,204.75. Walsh stated at the time this group of residents initially approached the City, he was on the City Council, and that he recommended the pipes be cleaned out. At the time the pipes were not sized correctly and the philosophical question is whether the City has some responsibility to resize the pipes. Walsh commented having a flooded yard can get aggravating but that there does not appear to be any water impacting the structures. Johnson noted if they are talking about four inches of rain in a 24-hour period and it took two hours for it to drain, that might be cut in half with the improvements. The amount of money being considered seems like a lot of money to reduce an inconvenience for a rain event that does not occur on a regular basis. Crosby asked whether any of the neighbors are getting water in their basements. Edwards stated not to his knowledge and that no neighbors are present this evening. The emergency overflow is Countryside Road, which happened in 2013, but that Staff considers this more nuisance flooding. Page 4 of 10 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, July 22, 2019 7:00 o'clock p.m. Crosby asked whether Countryside is a private development. Edwards indicated it is. Crosby commented he lives on a private road and his property was flooded in 2013 to the point where he experienced water in his house on the first level. Water in the yard is extremely different than having water in your home. Crosby indicated he spent approximately $50,000 to put drain tile in his yard to address the water issues. Johnson asked if the City knows whether any of the residents are experiencing water in their homes. Rief stated the only time it impacted a house was at a time when their sump pump failed in their basement. The City does not know whether the private drain tile at that property is currently working. Walsh commented it would be helpful if the residents were here to discuss this. Crosby stated the City Council is also talking about setting a precedent. Edwards indicated the Public Works Department has been keeping an eye on this situation over the past few years and that they have observed water has been collecting in a rock drainage way. During some of the 2 -inch downpours Staff has observed occasions where water has backed up over the top of the rocks in the drainage way, but they have not seen anything similar to what occurred in the 4 -inch rain a few years ago. Walsh noted these are city culverts that might not be sized correctly and that the City has cleaned out the culverts in an attempt to improve the situation. Johnson stated the question is to better understand how it is impacting the residents and that the City recognizes the size of the pipes may be inadequate. Walsh noted the pictures are from before the culverts were cleaned out. Johnson asked if the situation is better or whether Staff is recommending these improvements. Edwards stated he is very leery about spending $207,000 on this issue, but that as a homeowner he would be upset if there was water ponding in his yard every time it rained. The pipes were predominantly installed in the mid-1990s. Based on historical records, the development did change after some of that was installed. One of the things that has caused some issues overall for the development is they installed a privacy berm along Watertown and Old Crystal Bay Road and there were concerns expressed at that time by the City Engineer about the impact on the drainage. After the berm was constructed, it started causing problems. The fixes that were recommended were creating a swale on the inside and outside of the berm, which has been done. Since then, in the later 1990s, the homeowners' association put a number of drain tiles through the development to help address water issues in general throughout the development. Walsh stated if the pond is high, the water will drain slower. Page 5 of 10 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, July 22, 2019 7:00 o'clock p.m. Edwards stated the two ponds are supposed to be maintained by the homeowners' association but that he is not sure that is the case. Last year the Public Works Department assisted the homeowners' association in cleaning out the ponds. Seals asked if the City fixed something that the homeowners' association was supposed to be maintaining. Rief stated the City assisted them in opening their culvert and that it was impacting more than just that one corner of the intersection. Johnson asked if extending it up to County Road 15 would help the situation. Edwards stated it would to some extent, and if this work was to be piecemealed, he would recommend starting at the bottom of the system and working your way up. Edwards indicated Staff watched it this spring with the snow melting and that they did not see issues with the spring melts, but it is particular to when there is a mass inundation over a short period of time that the system becomes overwhelmed. Seals asked if the homeowners' association was charged for the work in this situation. Seals noted the City performed some road work for a different homeowners' association and that homeowners' association was charged for it. Seals stated the City Council has to be cautious on performing work that the homeowners' associations have committed to, and that her question is why the City is doing it in some situations but not all situations. Edwards stated in this particular instance, those two ponds are supposed to be privately maintained but that the ponds receive water from approximately 79 acres other than just the development. When something impacts more than just the development, the City has done similar emergency work in other developments to clear out the system since the overall system depends on the ponds functioning properly whether they are privately or publicly owned. Walsh stated he is hearing that the public system is working as well as it can since it has been cleaned out and that he is not hearing any concerns from the residents. Seals stated she drives by there all the time and that she has not noticed a lot of water in the area. Walsh stated unless the City hears something different, there does not appear to be enough of an impact to spend approximately $200,000. Rief stated according to the pictures, it is not directly impacting any structure. Johnson moved, Seals seconded, to reject the stormwater improvements with the request that Staff continue monitoring the situation, and if there appears to be a problem, this item should be brought back to the City Council. VOTE: Ayes 4, Nays 0. Page 6 of 10 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, July 22, 2019 7:00 o'clock p.m. 12. MUNICIPAL ICE RINKS Edwards stated he is looking for direction on the disposition of the City's ice rinks. Last year the Council provided direction to add an ice rink to Crystal Bay Park, which was done. At the same time, the Council also directed that the Park Commission review the ice rinks in the City. Since that time, Staff has performed a winter activity survey. At the last Park Commission meeting, they voted to recommend that the City not take on any new ice rinks but continue to maintain the Casco Point ice rink. Staff recommends closing all of the City's ice rinks and shifting resources to other winter activities. If the Council wishes to continue providing skating at Casco Point or any other park, the rinks should be upgraded with lighting in order to allow for use during the week and not just on the weekends. Walsh noted he attended the Park Commission meeting and it was pointed out that Casco Point is dedicated as an ice rink and that he would agree with the lighting for that area since Casco Point is kind of a gathering point for the residents of that neighborhood. Johnson stated what is missing is a private/public partnership in this situation. If the hockey associations do not have a need for the extra ice rink space, it may not be necessary to have the additional ice rinks. At the present time Tonka Bay is being used all the time and that rink has lights that can turn on and off and the hockey team practices there. Johnson indicated he is in favor of improving the Casco Point ice rink and that perhaps the Park Commission could reach out to the hockey association to see if they are interested in partnering with the City. Crosby stated the problem last year was the horrible winter. Johnson stated his observation was that Crystal Bay was more of a backyard rink than a municipal rink and in his view the City can do better than that. Johnson indicated he is in favor of improving the Casco Point rink and that he would like to see some lights in there. Johnson stated the City should do a really good job at one ice rink and see how it goes. Walsh noted the Park Commission is also trying to bring sledding to the golf course and directing resources there. Walsh indicated he would be in favor of upgrading the ice rink at Casco Point and pausing on the ice rink at Crystal Bay. Edwards stated last year the Orono Hockey Association did reach out to the City on partnering and Staff said that they were sure the City would entertain that possibility. Walsh commented it would make sense for the Park Commission to deal with that and that the City kind of jumped at this quickly last year. Going forward, the Parks Commission could keep track of it and reach out to the hockey association. Johnson noted the City received a grant for Bederwood last year and asked whether there is going to be an ice rink as part of that project. Seals indicated it will be a soccer field. Page 7 of 10 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, July 22, 2019 7:00 o'clock p.m. Johnson stated Bederwood would be a great spot for an ice rink. Edwards indicated the project is currently out for bid right now and that he will be bringing that forward to the City Council on August 12. Johnson asked how many rinks there are in the City. Edwards indicated there are two and that they still have the foundations of a rink over at Hackberry. That rink has not been flooded for three or four years. A clay base and berms are still there. However, none of the ice rinks have boards, which would be required for hockey. The City Council took no formal action on this item. PLANNING DEPARTMENT REPORT 13. LA19-000017 STEPHEN AND JENNIFER PAIDOSH, 4300 NORTH SHORE DRIVE AND 1453 PARK DRIVE, RIGHT-OF-WAY VACATION — RESOLUTION NO. 7006 Stephen Paidosh, Applicant, and Justin O'Keefe, 1453 Park Drive, were present. Curtis noted the City Council reviewed this application at their June 10 meeting. At that time the Council directed Staff to bring back a vacation approval resolution for consideration. The Council directed that the draft approval resolution include a condition requiring a drainage and utility easement covering the existing utility. The Council also discussed an agreement between the adjacent property owners and the City regarding compensation. Last week the applicant provided an offer of $35,000 in total for the property to be vacated. Staff has provided a draft approval resolution for the Council's review. The necessary easement language has been incorporated into the resolution. Stephen Paidosh noted Justin O'Keefe is the adjacent neighbor to this right-of-way. Paidosh stated after trying to come up with some type of value, the two of them decided they wanted to do something that was good-hearted and provide the City with some funds that could be put to good use. Two real estate developers were contacted. Brian Benson with Coldwell was one of the real estate agents and he has developed some properties around Orono. The purpose of the discussion was to try to understand what the value of the land would be based on whether it is considered buildable or not buildable with the drainage ditch. His opinion was that the land the way it is today is unbuildable, so it comes down to what the value is to either of them, which is how they arrived at the $35,000. Paidosh noted they have been maintaining the area over the years and that they plan to split those costs between the two of them. O'Keefe stated he is actually not a Minnesota resident but that he bought the property approximately five or six years ago. One of the reasons he liked the property was because there was an easement and the property taxes were pretty low. The property is only used by them in July and August. When the Paidoshes approached him about this vacation, he originally was not in favor of it due to his property taxes increasing, but at the current time the Paidosh's driveway is really dangerous and they are trying to relocate it on to Park Drive, which makes a lot of sense. After a conversation with his wife, they decided to split the cost 25/10. The 25 feet on his side does not have the drainage pipe. Page 8 of 10 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, July 22, 2019 7:00 o'clock p.m. O'Keefe indicated he is not going to sell this place and that his property taxes will likely be going up by $2,000 to $3,000. Over the next 15 to 30 years, the City will experience a lot of revenue from the increased property taxes in addition to the $35,000 payment. Crosby asked what the lot size is right now. O'Keefe indicated it is about 50 feet wide on the street and 45 feet at the lake. At the time the property was purchased, he did not realize how noncompliant the house was. There is currently a retaining wall that is approximately one foot over the easement line. Paidosh stated the fire pit that is on the property came from a gentleman who lived in the house previously who remodeled the house. That area was where he pretty much burnt all of his lumber. When it was realized what transpired there, it was easier to pave that little area and put a fire pit there. Walsh noted the Council has already agreed on the easement and that it was more of the value issue for the right-of-way. Walsh indicated he was pleasantly surprised to see the number and that the money can be put towards something good in the City. Johnson moved, Crosby seconded, to adopt RESOLUTION NO. 7006, a Resolution Vacating a Portion of Forest Boulevard and a Portion of Bluff Street, and to accept the $35,000 contribution. VOTE: Ayes 4, Nays 0. MAYOR/COUNCIL REPORT Seals stated she spent the weekend down in Rochester with the Orono/West Tonka Soccer Club. If you are a Mound or Orono resident, it was good to see the club bring those two communities together. Seals reported she and Mayor Walsh met with the Mayor of Mound about a joint grant that would be submitted for Orono Westonka Soccer club for an indoor space. Johnson stated he participated in a few conversations concerning Big Island and that there is some question about whose responsibility it is to find a solution to the recent a -coli issue that occurred off of Big Island. Johnson stated in his view there are some real concerns about that, particularly since there are no bathroom facilities available for people other than the boats themselves. To address the situation, the City should encourage the LMCD to have some type of facility out on the water, such as parking a barge in the area that would have restroom facilities. Johnson commented this is not the first time the issue with e -coli has happened and it likely will continue to happen. As a result, it is important to consider some type of plan to deal with it since it does negatively reflect upon Orono and the lake in general. Johnson recommended the City engage their LMCD representative, who in turn could encourage the LMCD to look at different solutions. Seals noted the City has had bathroom facilities out on Big Island in the past and they have been vandalized. Seals stated the LMCD has taken the stance that they own and regulate the water and so they are the entity that should address this issue. Crosby stated the Big Island issue can be taken care of by people being more responsible and perhaps cutting down on the amount of alcohol they drink. Page 9of10 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, July 22, 2019 7:00 o'clock p.m. Crosby stated he has noticed the lack of harvesting this year on the lake and that it has made a positive impact on the weed flow, which is a lot less compared to previous years. The water clarity has also improved. Crosby noted his daughter's fiance' has deployed to Kuwait and Iraq, and that he would encourage people to thank a veteran for their service and acknowledge the sacrifices they have made. Crosby stated he would also like to recognize the City of Edina and St. Louis Park for reversing their decision on the Pledge of Allegiance. Saying the Pledge of Allegiance honors the flag, the country, and the veterans who have served to help protect America's freedom. Walsh noted the Spirit of the Lakes event in Mound was held last weekend. The parade unfortunately was canceled due to the rain. Corn Days in Long Lake is coming up on August 11 and the Orono City Council will have a float in that event. CITY ADMINISTRATOR REPORT Rief reported the newly paved roads are nearly finished but still need a second coat. CITY ATTORNEY REPORT CLOSED SESSION Crosby moved, Seals seconded, to enter into closed session at 8:20 p.m., as permitted by Section 13D.03 to discuss the City's labor negotiation strategy related to the City's negotiations with LELS, Patrol. VOTE: Ayes 4, Nays 0. Seals moved, Johnson seconded, to reopen the Orono City Council meeting at 9:04 p.m. VOTE: Ayes 4, Nays 0. ADJOURNMENT Crosby moved, Seals seconded, to adjourn the Orono City Council meeting at 9:05 p.m. VOTE: Ayes 4, Nays 0. ATTEST: Anna Carlson, City Clerk Dennis Walsh, Mayor Page 10 of 10 Orono City Council Work Session Monday, July 22, 2019 Council Chambers 5:00 p.m. PRESENT: Mayor Dennis Walsh, Council Members Richard F. Crosby II, Matt Johnson, and Victoria Seals. Representing staff were City Administrator Dustin Rief, Finance Director Ron Olson, Community Development Director Jeremy Barnhart, Maggie Ung Accountant, Coffey Famiok Police chief, Soren Mattick City Attorney, and City Clerk Anna Carlson. Guests: James Van Eyll Fir Chief and Rich Anderson Meeting Start Time: 5:00 p.m. 1. Budget Finance Director Ron Olson presented the budget item to the Council. Olson explained that there has not been any significant changes since the last time the Council was updated. Olson noted that items such as Fire Department Budget and a Code Enforcement Employee were in need for discussion. Long Lake Fire Chief James Van Eyll provided a presentation for the Fire Departments portion of the budget. Van Eyll mentioned three budget options for consideration: Purchasing a global door code system; upgrading their current 2 %2 LDH discharge valve and piping to a 3 valve and piping to improve water flow, and duty uniforms for all paid -on-call firefighters. These considerations would cost approximately $33,000. Other increases to the budget include: pay, insurance, fuel, medical, station upkeep, and some line items which have been adjusted based on past trends. Van Eyll would like consideration to budget for an Administrative Assistant, four full time duty officers, a duty crew; which is made up of part-time fire fighters, and a full time fire inspector/training officer. Walsh and staff agree in regards to considering the improvements for the security system, valves, and uniforms. Walsh would prefer staff and the Fire Chief to explore what more the City could do to support some of these things with the resources we currently have. Crosby asked the Fire Chief for a report of the all daytime calls for 2019. Olson presented the discussion for a code enforcement officer options. Community Development Director Jeremy Barnhart presented the options for staffing. Barnhart also presented statistics in regards to current response times. Staff is asking Council for guidance for code enforcement. Barnhart said that currently our City's Building Official and Community Development Director handle all enforcement. If the City had a person dedicated to response we could reasonably expect the numbers to decrease. Orono City Council Work Session Monday, July 22, 2019 Council Chambers 5:00 p.m. Walsh added that we still want to be a complaint based system. He noted that the City may need to address some ongoing issues. Walsh added that Council looks to staff for information to figure out what is needed and what goals should be established. Johnson agrees with Walsh, the main thing as a citizen is that you want to know that the City is reacting to complaints. Crosby mentioned that a good portion is acknowledging the complaint. Crosby added that at least an attempt within 24hours should be the goal and a week to reply to our response. Crosby also stated that he thought that the numbers are reasonable. Crosby would like a directive sent by the City Administrator in regards to the goal for response time. Johnson added that it is good to see the numbers, and that it appears we are using our systems. The least amount of time staff is using is on Code enforcement. I wonder if that is the resource we need to improve on since it is the smallest portion of time spent. He added if the City wants to put better resources towards something than we should. Barnhart mentioned that are we using our resources effectively however, we could be better. Johnson would like to know what the procedure is that leads up to the numbers shown. He added that he would like to know what percentage of our complaints are road related. Barnhart mentioned the numbers shown are only code related. 2. Performance Review — Update Rief gave a brief update of the performance review process and the goals for when the City plans to implement it. Johnson asked if Council was getting a summary of all of the reviews of each employee. Rief mentioned that we don't have a system set up that can capture that at this point. Rief added that he could give a general overview. Walsh asked Johnson if he is looking for something more specific in regards to the Planning Department. Walsh asked if an annual summary would be good. 3. Communication Discussion Rief mentioned that a Council Member had asked if we could discuss the item further. Rief Orono City Council Work Session Monday, July 22, 2019 Council Chambers 5:00 p.m. gave a brief overview of the plan for communication. He mentioned that he will provide a memo to staff discussing how to handle issues. Council Member Victoria Seals stated how she perceived the ordinance. Seals added it was good to have the ordinance sent over to her to reference. She also added that Council can change it if they wanted to. Matt Johnson asked if there was a reason why we don't post the work session packet online. Rief mentioned that he had a couple concerns with having it out there and that he had checked around with other Cities to see what they have been doing. Johnson mentioned that it is about transparency and that it should be out there. Rief will direct staff to post the work Session Packets online going forward. 4. Docks as Principal Uses Barnhart discussed the item, he is looking for guidance from Council in regards to docks as principal uses. Barnhart mentioned staff does not recommend change because it may open up many other possibilities that could cause issues later on. Johnson thinks that people should be able to use their property as the feel fit. Johnson added that he thought property rights are being affected here by not allowing it. Council discussed the various concerns and benefits for allowing docks as principal uses. 5. Oversized Accessory Building size Barnhart presented the oversized accessory building size item. He mentioned that the previous council created the standards for the ordinance. If we would like to change it we can do that. Council will revisit this item at a future Work Session. Meeting End Time: 6:58 p.m. ATTEST: Anna Carlson, City Clerk Dennis Walsh, Mayor AGENDA ITEM Item No.: 3 Item Description: Claims/Bills Date: August 12, 2019 Presenter: Maggie Ung 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 112274 to 112381, totaling $634,538.57. 3. Noteworthy Payments. Vendor Amount Description of Payment #112286 Waconia Ford Sales Inc $41,669.76 Payment for the purchase of a truck chassis to replace Truck #708. #112290 Allweather Roof $24,375.00 Final payment for the Navarre water plant roof replacement. Total cost was $32,500. #112336 Met Council $113,166.90 Payment for July SAC charges, including Stonebay Senior Environmental Service Living. 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: J t eU Reviewed By: 21(9 Approved By: 5b)X City of Orono Check Register - COUNCIL REPORT Check Issue Dates: 7/23/2019 - 8/12/2019 Arndt, Doug 07/26/2019 112274 072419 101-22205 Escrow Refund RAS18-000028 165 Cystal Creek R Total 112274: ELMER J PETERSON CO 07/26/2019 112275 072419 101-22205 Escrow Refund SE19-000007 2630 Countryside Dr Total 112275: JS STEWART COMPANIES INC Check Check Invoice Invoice GL Account Description Payee Issue Date Number Number SiteOne Landscape Supply 07/24/2019 112254 92915458-00 101-45210-240 Sod Staples SiteOne Landscape Supply 07/24/2019 112254 93002078-00 101-45200-223 Parks Grass Seed Total 112254: Escrow Refund D19-000014 1400 Bracketts Point R JS STEWART COMPANIES INC 07/26/2019 Arndt, Doug 07/26/2019 112274 072419 101-22205 Escrow Refund RAS18-000028 165 Cystal Creek R Total 112274: ELMER J PETERSON CO 07/26/2019 112275 072419 101-22205 Escrow Refund SE19-000007 2630 Countryside Dr Total 112275: JS STEWART COMPANIES INC 07/26/2019 112276 072419 101-22205 Escrow Refund D19-000009 855 OCB Rd S JS STEWART COMPANIES INC 07/26/2019 112276 072419 101-39615 Escrow Refund D19-000009 855 OCB Rd S JS STEWART COMPANIES INC 07/26/2019 112276 072419-1 101-22205 Escrow Refund D19-000014 1400 Bracketts Point R JS STEWART COMPANIES INC 07/26/2019 112276 072419-1 101-39615 Escrow Refund D19-000014 1400 Bracketts Point R JS STEWART COMPANIES INC 07/26/2019 112276 072419-2 101-22205 Escrow Refund D18-000023 320 Woodhill Rd JS STEWART COMPANIES INC 07/26/2019 112276 072419-2 101-39615 Escrow Refund D18-000023 320 Woodhill Rd Total 112276: L. Cramer Builders & Remodeler 07/26/2019 112277 072419 101-22205 Escrow Refund LAI 9-000040 3280 Fox St L. Cramer Builders & Remodeler 07/26/2019 112277 072419 101-39615 Escrow Refund LA19-000040 3280 Fox St Total 112277: Precision Decks 07/26/2019 112278 072419 101-22205 Escrow Refund LA19-000014 4470 Forest Lake Lan Precision Decks 07/26/2019 112278 072419 101-39615 Escrow Refund LA19-000014 4470 Forest Lake Lan Total 112278: Sundstrom, Brian 07/26/2019 112279 072419 101-22205 Escrow Refund 2016-00322 1895 Concordia Street Total 112279: Emergency Medical Training Spec 08/02/2019 112282 1805 101-43000-437 CPR training (11 people) Total 112282: Page: 1 Aug 08, 2019 10:08AM Department Invoice Amount Golf Course 56.00 - Parks 97.48 - Public Works Department 153.48- 1,000.00 53.48-1,000.00 1,000.00 1,000.00 1,000.00 30.00- 1,000.00 30.00- i nnn nn 2,910.00 700.00 21.00- 679.00 700.00 21.00- 679.00 2,000.00 2,000.00 660.00 City of Orono Check Register - COUNCIL REPORT Page: 2 Check Issue Dates: 7/23/2019 - 8/12/2019 Aug 08, 2019 10:08AM Total 112285: Check Check Invoice Invoice GL Account Description Payee Issue Date Number Number 405-48500-550 Bucket Truck Chassis Mark & Elizabeth Beltrand 08/02/2019 112283 080119 101-22205 Escrow refund RPS18-000089 1860 West Farm rd Total 112283: 08/12/2019 112287 6974-357809 101-45200-221 Boat Fuel Treatment NORTON HOMES 08/02/2019 112284 080119 101-22205 escrow refund 2017-01460 680 Pinehurst Ct Total 112284: Strong Arm Construction Services 08/02/2019 112285 080119 101-22205 Escrow Refund 2008-00007 460 East Long Lake Rd Total 112285: 300.23 Central Services 420.32 Water 70.05 WACONIA FORD SALES INC 08/02/2019 112286 40121 405-48500-550 Bucket Truck Chassis Total 112286: Advance Auto Parts 08/12/2019 112287 6974-357809 101-45200-221 Boat Fuel Treatment Advance Auto Parts 08/12/2019 112287 6974-358569 701-49800-240 Pistol Grease Gun Total 112287: ADVANCED IMAGING SOLUTIO 08/12/2019 112288 391193091 710-49970-413 PW Copier Lease 7/20/19-8/20/19 Total 112288: ALLSTREAM 08/12/2019 112289 16271268 101-42110-321 Phone service ALLSTREAM 08/12/2019 112289 16271268 101-41900-321 Phone Service ALLSTREAM 08/12/2019 112289 16271268 601-49400-321 Phone Service ALLSTREAM 08/12/2019 112289 16271268 602-49450-321 Phone Service Total 112289: ALLWEATHER ROOF 08/12/2019 112290 55390 601-16500 Navarre WP Roof Final Pay Total 112290: APPRIZE TECHNOLOGY SOLUT 08/12/2019 112291 18474 101-41900-319 Administrative Fee 08/19 Total 112291: Department Invoice Amount Parks 3.74 Police Department 300.23 Central Services 420.32 Water 70.05 Sewer 210.15 1,000.75 Central Services 507.00 City of Orono Check Register - COUNCIL REPORT Page: 3 Check Issue Dates: 7/23/2019 - 8/12/2019 Aug 08, 2019 10:08AM Payee Check Issue Date Check Number Invoice Number Invoice GL Account Description Department Invoice Amount ARC DOCUMENT SOLUTIONS L 08/12/2019 112292 54MN190213 101-41900-319 Mincrofilm to Aperture Cards Central Services 179.00 Total 112292: 08/12/2019 112295 0237061 101-43280-304 Southways Development 18-3999 Special Services 179.00 BCA TRAINING & DEVELOPMEN 08/12/2019 112293 070919 101-42110-437 NIBRS Training - K. Herzog, 19885 Police Department 25.00 BCA TRAINING & DEVELOPMEN 08/12/2019 112293 080119 101-42110-437 NIBRS Training - H. Gehlen, 6029 Police Department 25.00 Total 112293: 08/12/2019 112295 0237064 101-43280-304 15-3739 Mooney Lake Preserve Special Services 50.00 BIFFS INC 08/12/2019 112294 W718946 101-45200-415 Navarre Playground Parks 164.00 BIFFS INC 08/12/2019 112294 W728941 101-45200-415 Bederwood Park Parks 164.00 BIFFS INC 08/12/2019 112294 W728942 101-45200-415 Summit Beach Parks 164.00 BIFFS INC 08/12/2019 112294 W728943 101-45200-415 Hackberry Park Parks 133.00 BIFFS INC 08/12/2019 112294 W728944 101-45210-415 Orono Golf Course Golf Course 66.50 BIFFS INC 08/12/2019 112294 W728945 101-45200-415 Crystal Bay Playground Parks 66.50 BIFFS INC 08/12/2019 112294 W728947 101-45200-415 French Creek Preserve Parks 66.50 BIFFS INC 08/12/2019 112294 W728948 101-45200-415 Lurton Park Parks 66.50 BIFFS INC 08/12/2019 112294 W728949 101-45220-415 Brush Site Brush Site 66.50 Total 112294: 957.50 BOLTON & MENK INC. 08/12/2019 112295 0237059 435-48971-304 2018 Street Improvements 18-019 930.00 BOLTON & MENK INC. 08/12/2019 112295 0237060 101-43280-304 LA19-000022 Willow Bay Sanctuary Special Services 896.00 BOLTON & MENK INC. 08/12/2019 112295 0237061 101-43280-304 Southways Development 18-3999 Special Services 580.00 BOLTON & MENK INC. 08/12/2019 112295 0237062 101-43280-304 LA18-000034 2635 Kelly Parkway Special Services 467.00 BOLTON & MENK INC. 08/12/2019 112295 0237063 101-43280-304 16-3858 Crystal Bay Estates Special Services 228.00 BOLTON & MENK INC. 08/12/2019 112295 0237064 101-43280-304 15-3739 Mooney Lake Preserve Special Services 904.00 BOLTON & MENK INC. 08/12/2019 112295 0237065 101-43280-304 LA18-000062 387 Orono Orchard Rd Special Services 681.00 BOLTON & MENK INC. 08/12/2019 112295 0237066 101-43280-304 16-3868 Shadywood Villas Special Services 296.00 BOLTON & MENK INC. 08/12/2019 112295 0237067 101-43280-304 LA18-000072 2709 Walters Port Lane Special Services 310.00 BOLTON & MENK INC. 08/12/2019 112295 0237068 101-43280-304 LA19-000046/RPS19-000076 855 Old Crystal Bay Special Services 172.00 BOLTON & MENK INC. 08/12/2019 112295 0237069 101-43280-304 RPS18-000089 1860 West Farm Rd Special Services 258.00 BOLTON & MENK INC. 08/12/2019 112295 0237070 101-43280-304 2500 6th Ave N Special Services 150.00 BOLTON & MENK INC. 08/12/2019 112295 0237071 101-43280-304 RPS19-000081 2833 Goldenrod Way Special Services 150.00 BOLTON & MENK INC. 08/12/2019 112295 0237072 101-43280-304 RPS19-000089 2841 Goldenrod Way Special Services 150.00 BOLTON & MENK INC. 08/12/2019 112295 0237073 101-43280-304 RPS18-000007 495 Saga Hill Special Services 150.00 BOLTON & MENK INC. 08/12/2019 112295 0237074 101-43280-304 RPS18-000013 520 Sandhill Dr Special Services 150.00 BOLTON & MENK INC. 08/12/2019 112295 0237075 101-43280-304 RPS18-000064 560 Sandhill Dr Special Services 268.00 BOLTON & MENK INC. 08/12/2019 112295 0237076 101-43280-304 RPS19-000076 855 Old Crystal Bay Rd Special Services 150.00 BOLTON & MENK INC. 08/12/2019 112295 0237077 101-43280-304 Lakeview Addition 15-3723 Special Services 403.00 City of Orono Check Register - COUNCIL REPORT Page: 4 Check Issue Dates: 7/23/2019 - 8/12/2019 Aug 08, 2019 10:08AM Payee Check Issue Date Check Number Invoice Number Invoice GL Account Description Department Invoice Amount BOLTON & MENK INC. 08/12/2019 112295 0237078 101-43280-304 14-3687 Northern Oaks Special Services 173.00 BOLTON & MENK INC. 08/12/2019 112295 0237079 101-43280-304 16-3867 Tanager Estates Special Services 114.00 BOLTON & MENK INC. 08/12/2019 112295 0237080 101-43280-304 555 Oxford Rd Special Services 64.00 BOLTON & MENK INC. 08/12/2019 112295 0237086 651-49910-304 2019 Misc Drainage Storm Water 384.00 BOLTON & MENK INC. 08/12/2019 112295 0237089 651-49910-304 Stormwater Engineering Storm Water 450.00 BOLTON & MENK INC. 08/12/2019 112295 0237089 435-48972-304 Bracketts Point Overlay Golf Course 1,154.00 BOLTON & MENK INC. 08/12/2019 112295 0237090 651-16500 2019 Sewer Improvements 19-013 11.42 5,276.00 BOLTON & MENK INC. 08/12/2019 112295 0237091 435-48972-304 2019 Street Improvements 19-001 27,985.00 BOLTON & MENK INC. 08/12/2019 112295 0237092 225-45200-304 Bederwood Park Improvement 19-032 7,566.50 BOLTON & MENK INC. 08/12/2019 112295 0237093 101-43170-304 Big Island Master Plan 19-033 Engineering 260.00 BOLTON & MENK INC. 08/12/2019 112295 0237094 601-16500 CR 15 & 19 Reconstruct 19-021 339.00 BOLTON & MENK INC. 08/12/2019 112295 0237094 602-16500 CR 15 & 19 Reconstruct 19-021 339.00 BOLTON & MENK INC. 08/12/2019 112295 0237095 402-48055-304 OCB Project 18-021 OCB Road Reconstruction 334.00 BOLTON & MENK INC. 08/12/2019 112295 0237098 101-43280-304 Orono Preserves Special Services 530.00 Total 112295: 52,261.50 BRAUN INTERTEC 08/12/2019 112296 B176409 435-48972-304 2019 Street Improvements 19-001 5,389.25 Total 112296: Burris, Josh & Stephanie 08/12/2019 112297 080719 Total 112297: CAPITOL BEVERAGE SALES L.P 08/12/2019 112298 2286718 CAPITOL BEVERAGE SALES L.P 08/12/2019 112298 2292464 Total 112298 CARDMEMBER SERVICE CARDMEMBER SERVICE CARDMEMBER SERVICE CARDMEMBER SERVICE CARDMEMBER SERVICE CARDMEMBER SERVICE CARDMEMBER SERVICE CARDMEMBER SERVICE CARDMEMBER SERVICE CARDMEMBER SERVICE 101-22205 Escrow Refund RPS18-000029 4350 Lakeview Cou 101-45210-091 beer for resale 101-45210-091 beer for resale Golf Course Golf Course 5,389.25 10,000.00 290.30 n=a in 08/12/2019 112299 070819 101-41110-439 WS Food 7/8/19 Mayor & Council 58.17 08/12/2019 112299 070819-1 101-41110-439 WS Food 7/8/19 Mayor & Council 10.98 08/12/2019 112299 070819-2 101-41110-439 WS & CC Meeting Cookies 7/8/19 Mayor & Council 8.98 08/12/2019 112299 071519 601-49400-223 New North Water Plant Dehumidifier Water 3,564.95 08/12/2019 112299 071519-1 101-41300-489 Flowers for Bonnie's Mother Administration 65.19 08/12/2019 112299 071719 101-42110-229 Promotional Items for NNO Police Department 981.14 08/12/2019 112299 071819 710-49970-221 Bluetooth Hand Free Devices 50.51 08/12/2019 112299 071819-1 101-45210-094 Golf Course Ice Golf Course 3.98 08/12/2019 112299 071819-2 101-45200-212 Boat Gas Parks 11.42 08/12/2019 112299 071819-3 101-45200-212 Boat Gas Parks 23.35 City of Orono Check Register - COUNCIL REPORT Page: 5 Check Issue Dates: 7/23/2019 - 8/12/2019 Aug 08, 2019 10:08AM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount CARDMEMBER SERVICE 08/12/2019 112299 072219 701-49800-212 Non-oxy Fuel for Unit 711 Water 27.46 CARDMEMBER SERVICE 08/12/2019 112299 072219-1 101-41110-439 WS Food 07/22/19 Mayor & Council 71.74 CARDMEMBER SERVICE 08/12/2019 112299 072219-2 101-41110-439 WS Food 07/22/19 Mayor & Council 36.73 CARDMEMBER SERVICE 08/12/2019 112299 072319 101-43000-433 APWAAnnual Membership Dues Public Works Department 212.50 CARDMEMBER SERVICE 08/12/2019 112299 072319 601-49400-433 APWAAnnual Membership Dues Water 212.50 CARDMEMBER SERVICE 08/12/2019 112299 072319 602-49450-433 APWAAnnual Membership Dues Sewer 212.50 CARDMEMBER SERVICE 08/12/2019 112299 072419 101-42110-439 GTO Intern Program - Lunch Police Department 38.77 CARDMEMBER SERVICE 08/12/2019 112299 072419-1 101-45210-094 Golf Course Ice Golf Course 9.98 CARDMEMBER SERVICE 08/12/2019 112299 072619 101-42110-226 Shirts for Firearm Safety Police Department 349.93 CARDMEMBER SERVICE 08/12/2019 112299 072719 101-45200-416 Big Island Security Camera Parks 29.97 CARDMEMBER SERVICE 08/12/2019 112299 073119 602-49450-406 Permit - Repair Manhole at 1020 OCB Rd Sewer 330.00 CARDMEMBER SERVICE 08/12/2019 112299 073119-1 601-49400-405 Permit - Repair Watermain Break at 2092 Shadywo Water 330.00 CARDMEMBER SERVICE 08/12/2019 112299 080119 101-42110-221 USB Charger for Car Police Department 37.54 CARDMEMBER SERVICE 08/12/2019 112299 080619 101-42110-228 Survival Kit for Firearms Safety Police Department 39.50 Total 112299: 6,717.79 CENTERPOINT ENERGY MAIN 08/12/2019 112300 53119 601-49400-381 Gas 4/23-5/21/19 Water 508.62 CENTERPOINT ENERGY MAIN 08/12/2019 112300 53119 602-49450-381 Gas 4/23-5/21/19 Sewer 325.87 CENTERPOINT ENERGY MAIN 08/12/2019 112300 53119 101-41900-381 Gas 4/23-5/21/19 Central Services 262.63 CENTERPOINT ENERGY MAIN 08/12/2019 112300 53119 101-42110-381 Gas 4/23-5/21/19 Police Department 102.53 CENTERPOINT ENERGY MAIN 08/12/2019 112300 53119 101-45210-381 Gas 4/23-5/21/19 Golf Course 50.85 CENTERPOINT ENERGY MAIN 08/12/2019 112300 63019 601-49400-381 Gas 5/21-6/21/19 Water 442.23 CENTERPOINT ENERGY MAIN 08/12/2019 112300 63019 602-49450-381 Gas 5/21-6/21/19 Sewer 288.37 CENTERPOINT ENERGY MAIN 08/12/2019 112300 63019 101-41900-381 Gas 5/21-6/21/19 Central Services 115.00 CENTERPOINT ENERGY MAIN 08/12/2019 112300 63019 101-42110-381 Gas 5/21-6/21/19 Police Department 48.38 CENTERPOINT ENERGY MAIN 08/12/2019 112300 63019 101-45210-381 Gas 5/21-6/21/19 Golf Course 19.63 CENTERPOINT ENERGY MAIN 08/12/2019 112300 73119 601-49400-381 Gas 6/21-7/23/19 Water 399.46 CENTERPOINT ENERGY MAIN 08/12/2019 112300 73119 602-49450-381 Gas 6/21-7/23/19 Sewer 282.97 CENTERPOINT ENERGY MAIN 08/12/2019 112300 73119 101-41900-381 Gas 6/21-7/23/19 Central Services 80.89 CENTERPOINT ENERGY MAIN 08/12/2019 112300 73119 101-42110-381 Gas 6/21-7/23/19 Police Department 33.49 CENTERPOINT ENERGY MAIN 08/12/2019 112300 73119 101-45210-381 Gas 6/21-7/23/19 Golf Course 16.03 Total 112300: 2,976.95 Century Link 08/12/2019 112301 071919 101-45210-321 GC phone/internet 7/19/19-8/18/19 Golf Course 232.88 Total 112301: 232.88 CHRIS FISCHER 08/12/2019 112302 080119 101-42110-439 Remiburse-Meeting Exp Police Department 51.00 City of Orono Check Register - COUNCIL REPORT Check Issue Dates: 7/23/2019 - 8/12/2019 Check Check Invoice Invoice GL Account Description Payee Issue Date Number Number Total 112302: CHUNKS LAKESHORE AUTO 08/12/2019 112303 0016898 101-42110-402 #254 service CHUNKS LAKESHORE AUTO 08/12/2019 112303 0016907 101-42110-402 #243 Service CHUNKS LAKESHORE AUTO 08/12/2019 112303 0016913 101-42110-402 #245 Service CHUNKS LAKESHORE AUTO 08/12/2019 112303 0016915 101-42110-402 #244 Service CHUNKS LAKESHORE AUTO 08/12/2019 112303 0016934 101-42110-402 #232 Service CHUNKS LAKESHORE AUTO 08/12/2019 112303 0016936 101-42110-402 #248 Service Total 112303: CINTAS CORPORATION 08/12/2019 112304 4025349026 101-45210-401 Mat Service - GC CINTAS CORPORATION 08/12/2019 112304 4026299606 101-43000-226 Uniform CINTAS CORPORATION 08/12/2019 112304 4026299606 101-43000-221 Shop Towels CINTAS CORPORATION 08/12/2019 112304 4026299606 101-43000-404 Mat Service - PW CINTAS CORPORATION 08/12/2019 112304 4027268675 101-45210-401 Mat Service - GC Total 112304: City of Wayzata\DMV 08/12/2019 112305 080719 101-43000-441 Squad #232 Transfer to Unit #110 Total 112305: CivicPlus Inc. 08/12/2019 112306 188783 614-49840-329 CivicPlus Annual Fee Total 112306: David Weekley Homes 08/12/2019 112307 080719 101-22205 Escrow Refund RPS18-000007 495 Sandhill Drive David Weekley Homes 08/12/2019 112307 080719 101-39615 Escrow Refund RPS18-000007 495 Sandhill Drive Total 112307: DPC INDUSTRIES 08/12/2019 112308 DE82000078 601-49400-216 Chlorine Total 112308: EARL F ANDERSON & ASSOC 08/12/2019 112309 0120815 -IN 101-45200-223 Park Sign Department Police Department Police Department Police Department Police Department Police Department Police Department Golf Course Public Works Department Public Works Department Public Works Department Golf Course Public Works Department Cable Franchise Water Parks Page: 6 Aug 08, 2019 10:08AM Invoice 51.00 202.95 149.20 450.48 5.16 59.54 2.63 86.89 26.00 26.00 5,167.51 5,167.51 1,000.00 30.00- 10.00 53.75 City of Orono Check Register - COUNCIL REPORT Page: 7 Check Issue Dates: 7/23/2019 - 8/12/2019 Aug 08, 2019 10:08AM Department Invoice Amount 53.75 Golf Course Check Check Invoice Invoice GL Account Description Payee Issue Date Number Number 89.40 Golf Course 75.00 809.29 Police Department 485.21 Total 112309: 390.89 876.10 Parks 110.00 ECM PUBLISHERS INC 08/12/2019 112310 073119 101-45210-489 Multi -seasonal Job Ad Late Charge ECM PUBLISHERS INC 08/12/2019 112310 703712 101-45210-352 GC Manager Job Advertisement ECM PUBLISHERS INC 08/12/2019 112310 709908 101-41900-352 Ordinance 229 ECM PUBLISHERS INC 08/12/2019 112310 711532 101-45210-352 Multi -seasonal Job Ad ECM PUBLISHERS INC 08/12/2019 112310 712771 225-45200-489 Bederwood Park Improvement 19-032 ECM PUBLISHERS INC 08/12/2019 112310 712772 408-48800-590 Wayzata Blvd Landscape Bid 18-043 ECM PUBLISHERS INC 08/12/2019 112310 712984 101-45210-352 Multi -seasonal Job Ad Total 112310: Emergency Medical Products Inc 08/12/2019 112311 2085453 101-42110-240 Med Bags for Squad 843 & 262 Emergency Medical Products Inc 08/12/2019 112311 2090517 101-42110-240 Squad Medical Supplies Total 112311: Emery's Tree Service Inc. 08/12/2019 112312 22567 101-45200-404 Tree Trimming - Highwood Park Total 112312: ESRI Inc 08/12/2019 112313 93675709 710-49970-416 ArcGIS licensing Total 112313: ESS BROTHERS & SONS 08/12/2019 112314 ZZ4954 602-49450-406 Cherry Chase Rd Project ESS BROTHERS & SONS 08/12/2019 112314 ZZ4992 602-49450-406 Forest Arms Road Project ESS BROTHERS & SONS 08/12/2019 112314 ZZ5343 601-49400-405 Dandy Dewatering Bag Total 112314: FASTENAL 08/12/2019 112315 MNPLY11629 101-43000-240 PW Supplies FASTENAL 08/12/2019 112315 MNPLY11629 602-49450-226 PW Supplies FASTENAL 08/12/2019 112315 MNPLY11639 101-43000-224 Dist 1 Signs FASTENAL 08/12/2019 112315 MNPLY11645 701-49800-222 Cups/Pins for Trucks, Trailers & Equipment Total 112315: GEAR WEST SKI, BIKE, RUN 08/12/2019 112316 423283 101-42110-240 Bicycle Wheels Department Invoice Amount 53.75 Golf Course 6.76 Golf Course 225.00 Central Services 29.80 Golf Course 225.00 158.33 89.40 Golf Course 75.00 809.29 Police Department 485.21 Police Department 390.89 876.10 Parks 110.00 110.00 5,647.00 5,647.00 Sewer 280.00 Sewer 560.00 Water 128.00 968.00 Public Works Department 125.87 Sewer 84.92 Public Works Department 65.45 288.46 Police Department 21.99 City of Orono Check Register - COUNCIL REPORT Page: 8 Check Issue Dates: 7/23/2019 - 8/12/2019 Aug 08, 2019 10:08AM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount Total 112316: 21.99 GENUINE PARTS COMPANY/NA 08/12/2019 112317 3270-446967 701-49800-221 Unit #452 Filter & Tubing 43.89 GENUINE PARTS COMPANY/NA 08/12/2019 112317 3270-446983 701-49800-222 Unit #424 Rear Bushing Repair 4.49 GENUINE PARTS COMPANY/NA 08/12/2019 112317 3270-447095 101-45200-221 Boat Gas Cap Parks 7.69 GENUINE PARTS COMPANY/NA 08/12/2019 112317 3270-447567 101-42110-402 Squad Headlights Police Department 21.43 GENUINE PARTS COMPANY/NA 08/12/2019 112317 3270-447703 701-49800-221 Unit #428 Battery Replacement Task 30667 274.60 GENUINE PARTS COMPANY/NA 08/12/2019 112317 3270-447866 101-42110-402 Investigation Vehicle Inverter Police Department 52.99 GENUINE PARTS COMPANY/NA 08/12/2019 112317 3270-448375 101-42110-402 Squad Headlight Bulb & Repair Parts Police Department 16.43 Total 112317: 421.52 GMH ASPHALT 08/12/2019 112318 PAY 3 435-20600 2019 Street Improvements 19-001 8,825.74- GMH ASPHALT 08/12/2019 112318 PAY 3 435-48972-590 2019 Street Improvements 19-001 176,514.94 Total 112318: 167,689.20 GOLF MAX 08/12/2019 112319 SI -275384 101-45210-201 Pencils Golf Course 215.79 Total 112319: 215.79 GOPHERACE 08/12/2019 112320 A58889 101-45200-221 Mower Tire Plug Parks 2.69 GOPHERACE 08/12/2019 112320 A58985 101-45210-221 Irrigation Clamps Golf Course 4.28 GOPHERACE 08/12/2019 112320 A59374 701-49800-221 Parts for Unit#713 15.48 GOPHERACE 08/12/2019 112320 A59413 101-45210-223 Fest Tent Herbicide Golf Course 12.99 GOPHERACE 08/12/2019 112320 A60062 101-45210-226 Golf PPE Golf Course 36.98 GOPHERACE 08/12/2019 112320 B525049 701-49800-221 Coiler for Mower 1.72 GOPHERACE 08/12/2019 112320 B525243 101-45210-221 Irrigation Wire Nuts Golf Course 8.38 GOPHERACE 08/12/2019 112320 B525272 101-43000-224 Hardware Public Works Department 5.37 GOPHERACE 08/12/2019 112320 B526983 701-49800-240 Locking Clamp 18.99 GOPHERACE 08/12/2019 112320 B527382 701-49800-240 Supplies 21.96 GOPHERACE 08/12/2019 112320 B528103 701-49800-221 Pole Holder, 713 Vactor 9.59 GOPHERACE 08/12/2019 112320 B528201 101-45200-223 Carriage Bolts for Bench Parks 17.28 GOPHERACE 08/12/2019 112320 B528689 701-49800-212 Gas/Diesel Pumps 3.99 Total 112320: 159.70 GRAFIX SHOPPE 08/12/2019 112321 128656 101-42110-550 2019 Polaris ATV Set Up Police Department 355.00 GRAFIX SHOPPE 08/12/2019 112321 128657 101-42110-550 Unit #258 Set Up Police Department 870.00 City of Orono Check Register - COUNCIL REPORT Check Issue Dates: 7/23/2019 - 8/12/2019 Page: 9 Aug 08, 2019 10:08AM Department Invoice Amount Police Department 870.00 Police Department 2,150.41 2,208.41 Water Check Check Invoice Invoice GL Account Description Payee Issue Date Number Number Administration 165.00 GRAFIX SHOPPE 08/12/2019 112321 128657 101-42110-550 Unit #259 Set Up Total 112321: HENNEPIN COUNTY INFOR TE 08/12/2019 112322 1000134073 101-42110-414 PD Radio Communication -7/19 HENNEPIN COUNTY INFOR TE 08/12/2019 112322 1000134637 710-49970-401 Network Support 8-2019 Total 112322: Hennepin County Property Tax 08/12/2019 112323 0619-38 239-25694-489 Special Assessments Hennepin County Property Tax 08/12/2019 112323 0619-38 601-49400-489 Special Assessments Hennepin County Property Tax 08/12/2019 112323 0619-38 602-49450-489 Special Assessments Total 112323: Hoff Barry P.A. 08/12/2019 112324 15236 101-41600-306 Contempt Matter Total 112324: HOTSYMINNESOTA.COM 08/12/2019 112325 64293 701-49800-403 Repair Portable Pressure Washer Total 112325: JACKIE YOUNG 08/12/2019 112326 063019 101-41300-319 CC Meeting 6/10/19 JACKIE YOUNG 08/12/2019 112326 063019 101-41300-319 CC Meeting 6/24/19 JACKIE YOUNG 08/12/2019 112326 063019 101-42400-319 PC Meeting 6/17/19 JACKIE YOUNG 08/12/2019 112326 080419 101-42400-319 PC Meeting 7/15/19 JACKIE YOUNG 08/12/2019 112326 080419 101-45200-319 Park Meeting 7/1/19 JACKIE YOUNG 08/12/2019 112326 080419 101-41300-319 CC Meeting 7/8/19 JACKIE YOUNG 08/12/2019 112326 080419 101-41300-319 CC Meeting 7/22/19 Total 112326: JJ TAYLOR DIST LF MN 08/12/2019 112327 2952079 101-45210-091 beer for resale Total 112327: KELLY HERZOG 08/12/2019 112328 070919 101-42110-437 meal reimb training Page: 9 Aug 08, 2019 10:08AM Department Invoice Amount Police Department 870.00 Police Department 2,150.41 2,208.41 Water 5.40 Sewer 422.10 Building & Zoning 707.50 Law/Legal Services 1,079.50 1,079.50 Administration 240.00 Administration 100.00 Building & Zoning 240.00 Building & Zoning 190.00 Parks 165.00 Administration 165.00 Administration 165.00 Golf Course 381.80 381.80 Police Department 27.49 City of Orono 31.90 Administration 18.99 Check Register - COUNCIL REPORT Cable Franchise 593.50 Check Issue Dates: 7/23/2019 - 8/12/2019 Check Check Invoice Invoice GL Account Description Payee Issue Date Number Number Total 112328: Kvalseth, Christine 08/12/2019 112329 080719 101-22205 Escrow Refund 2017-01026 425 Old Crystal Bay Rd Total 112329: KYLE KIRSCHNER 08/12/2019 112330 071419 101-42110-317 Xerxes Items Total 112330: LANO EQUIPMENT 08/12/2019 112331 03-690561 701-49800-403 Unit #451 Repair Task 30253 Total 112331: MacMILLAN & ATHANASES PLL 08/12/2019 112332 80119 101-41600-308 Edwards Matter Total 112332: MANSFIELD OIL COMPANY 08/12/2019 112333 21380120 101-42110-212 Unleaded Fuel MANSFIELD OIL COMPANY 08/12/2019 112333 21380121 701-49800-212 Diesel Fuel MANSFIELD OIL COMPANY 08/12/2019 112333 21380123 101-42110-212 Unleaded Fuel MANSFIELD OIL COMPANY 08/12/2019 112333 21396212 101-42110-212 Unleaded Fuel MANSFIELD OIL COMPANY 08/12/2019 112333 21396227 701-49800-212 Diesel Fuel Total 112333: MARGARET UNG 08/12/2019 112334 073119 101-41500-331 Mileage 7/8-7/31/19 MARGARET UNG 08/12/2019 112334 073119 101-41300-489 July Birthdays Total 112334: MEDIACOM 08/12/2019 112335 072119 614-49840-329 Internet 08/2019 Total 112335: MET COUNCIL ENVIRONMENTA 08/12/2019 112336 JULY2019 101-39610 July 2019 SAC MET COUNCIL ENVIRONMENTA 08/12/2019 112336 JULY2019 101-20809 July 2019 SAC Page: 10 Aug 08, 2019 10:08AM Department Invoice Amount 27.49 10,000.00 10,000.00 Police Department 196.35 1,048.00 Law/Legal Services 246.60 246.60 Police Department 609.95 1,175.51 Police Department 2,451.47 Police Department 708.67 752.23 Finance Department 31.90 Administration 18.99 50.89 Cable Franchise 593.50 593.50 114,:11 U.UU City of Orono Check Register - COUNCIL REPORT Page: 11 Check Issue Dates: 7/23/2019 - 8/12/2019 Aug 08, 2019 10:08AM Department Invoice Amount Sewer Parks Public Works Department Water Public Works Department Public Works Department Central Services Central Services Sewer Sewer 113,166.90 46,280.36 46,280.36 19.95 5.03 82.95 789.65 36.00 96.00 198.00 752.00 1,457.00 214.00 8.00 2,799.00 Check Check Invoice Invoice GL Account Description Payee Issue Date Number Number Total 112336: MET COUNCIL ENVIRONMENTA 08/12/2019 112337 1099227 602-49450-383 Wastewater Charges 9/2019 Total 112337: MINNESOTA EQUIPMENT 08/12/2019 112338 P80449 101-45200-221 Tractor Mower Part MINNESOTA EQUIPMENT 08/12/2019 112338 P82950 101-43000-226 Gloves MINNESOTA EQUIPMENT 08/12/2019 112338 P83195 601-49400-403 Weed Whip MINNESOTA EQUIPMENT 08/12/2019 112338 P83416 101-43000-226 New Helmet Total 112338: MINT ROOFING 08/12/2019 112339 707636 101-43000-404 PW roof repair Total 112339: MINUTEMAN PRESS 08/12/2019 112340 24772 101-41900-352 Summer Newsletter MINUTEMAN PRESS 08/12/2019 112340 24773 101-41900-352 Summer Newsletter Postage Total 112340: MISSION COMMUNICATIONS LL 08/12/2019 112341 1031171 602-49450-406 Annual alarm service Total 112341: MN DEPT OF REVENUE -WIRE 08/12/2019 112342 JULY2019 101-37970 Sales Tax 7/2019 MN DEPT OF REVENUE -WIRE 08/12/2019 112342 JULY2019 101-37960 Sales Tax 7/2019 MN DEPT OF REVENUE -WIRE 08/12/2019 112342 JULY2019 101-37940 Sales Tax 7/2019 MN DEPT OF REVENUE -WIRE 08/12/2019 112342 JULY2019 101-37930 Sales Tax 7/2019 MN DEPT OF REVENUE -WIRE 08/12/2019 112342 JULY2019 101-37920 Sales Tax 7/2019 MN DEPT OF REVENUE -WIRE 08/12/2019 112342 JULY2019 101-37910 Sales Tax 7/2019 MN DEPT OF REVENUE -WIRE 08/12/2019 112342 JULY2019 601-39610 Sales Tax 7/2019 MN DEPT OF REVENUE -WIRE 08/12/2019 112342 JULY2019 101-34650 Sales Tax 7/2019 MN DEPT OF REVENUE -WIRE 08/12/2019 112342 JULY2019 101-34210 Sales Tax 7/2019 Total 112342: Modern Power Solutions 08/12/2019 112343 0285 602-49450-403 LS #14 Generator Repairs Task 30670 Department Invoice Amount Sewer Parks Public Works Department Water Public Works Department Public Works Department Central Services Central Services Sewer Sewer 113,166.90 46,280.36 46,280.36 19.95 5.03 82.95 789.65 36.00 96.00 198.00 752.00 1,457.00 214.00 8.00 2,799.00 City of Orono Check Register - COUNCIL REPORT Check Issue Dates: 7/23/2019 - 8/12/2019 Page: 12 Aug 08, 2019 10:08AM Payee Check Issue Date Check Number Invoice Number Invoice GL Account Description Department Invoice Amount Total 112343: 163.00 MOUND TRUE VALUE 08/12/2019 112344 161868 101-42110-221 Squad Supplies Police Department 16.52 MOUND TRUE VALUE 08/12/2019 112344 161926 101-42110-240 Picture Clips/Strips Police Department 4.79 MOUND TRUE VALUE 08/12/2019 112344 162224 101-42110-240 Squad Supplies Police Department 50.92 Total 112344: 72.23 MTI DISTRIBUTING INC 08/12/2019 112345 1227279-00 101-45210-223 Golf Irrigation Repair Golf Course 513.01 MTI DISTRIBUTING INC 08/12/2019 112345 1227287-00 101-45210-221 Golf Irrigation Repair Golf Course 15.43 MTI DISTRIBUTING INC 08/12/2019 112345 1227288-00 101-45210-221 Golf Wire Nuts Golf Course 82.58 Total 112345: 611.02 MUNICIPAL CODE CORPORATI 08/12/2019 112346 00330500 101-41900-352 Code of Ordinance Updates Central Services 1,698.00 MUNICIPAL CODE CORPORATI 08/12/2019 112346 00330847 101-41900-352 Online Code Hosting Central Services 950.00 Total 112346: 2,648.00 NAVARRE HARDWARE 08/12/2019 112347 318991 602-49450-221 Battery & Headlight Sewer 20.98 NAVARRE HARDWARE 08/12/2019 112347 319117 601-49400-227 Propane Torch Kit Water 36.99 NAVARRE HARDWARE 08/12/2019 112347 319191 602-49450-226 PW Gloves Sewer 39.51 Total 112347: 97.48 NCPERS GROUP LIFE INS. 08/12/2019 112348 6732000820 101-21710 Pera life 08/2019 123.20 Total 112348: 123.20 NEWEGG INC 08/12/2019 112349 1302304662 101-42110-221 Squad Printer - PD Police Department 369.78 NEWEGG INC 08/12/2019 112349 1302310223 710-49970-221 Spare USB Plugs for City 5.65 NEWEGG INC 08/12/2019 112349 1302310765 710-49970-221 Spare USB Plugs for City 5.65 NEWEGG INC 08/12/2019 112349 1302311050 710-49970-221 iPhone/iPad Cords - City & PD 10.99 Total 112349: 392.07 Noack, Ian 08/12/2019 112350 080619 101-19999 Case #19-006837 Return Fund 113.00 City of Orono 08/12/2019 112353 3439290790 101-41900-201 Check Register - COUNCIL REPORT Central Services OFFICE DEPOT 08/12/2019 112353 3479850000 Check Issue Dates: 7/23/2019 - 8/12/2019 Office Supplies Check Check Invoice Invoice GL Account Description Payee Issue Date Number Number OPTUM 08/12/2019 112354 9410016 101-41900-319 HSA maintenance fee 1st Qtr 2019 Central Services Total 112354: Total 112350: NORLINGS 08/12/2019 112351 35861 101-45200-404 Crystal Bay Park Landscape Maintenance Parks NORLINGS 08/12/2019 112351 35862 101-45200-404 Navarre Park Maintenance Parks NORLINGS 08/12/2019 112351 35863 101-45200-404 Livingston Park Maintenance Parks Total 112351: Spring Water Police Department Total 112356: NORTON HOMES 08/12/2019 112352 080719 101-22205 escrow refund 2018-00118 650 Pinehurst Court Total 112352: 37439 602-49450-406 LS #4 and #28 Repair Sewer QUALITY FLOW SYSTEMS INC Department OFFICE DEPOT 08/12/2019 112353 3439290790 101-41900-201 Chairmat Central Services OFFICE DEPOT 08/12/2019 112353 3479850000 101-41900-201 Office Supplies Central Services Total 112353: OPTUM 08/12/2019 112354 9410016 101-41900-319 HSA maintenance fee 1st Qtr 2019 Central Services Total 112354: OTTEN BROTHERS 08/12/2019 112355 1-1583208 101-45210-223 Golf Course Plants Golf Course Total 112355: Premium Waters Inc 08/12/2019 112356 850551-07-1 101-42110-201 Spring Water Police Department Total 112356: QUALITY FLOW SYSTEMS INC 08/12/2019 112357 37439 602-49450-406 LS #4 and #28 Repair Sewer QUALITY FLOW SYSTEMS INC 08/12/2019 112357 37450 602-49450-406 LS (31) & GS (12) Service Check Sewer Total 112357: RANDYS ENVIRONMENTAL SER 08/12/2019 112358 JULY2019 101-41900-404 Garbage Service Central Services RANDYS ENVIRONMENTAL SER 08/12/2019 112358 JULY2019 101-45200-404 Garbage Service Parks RANDYS ENVIRONMENTAL SER 08/12/2019 112358 JULY2019 101-45210-404 Garbage Service Golf Course RANDYS ENVIRONMENTAL SER 08/12/2019 112358 JULY2019 101-45220-404 Garbage Service Brush Site Page: 13 Aug 08, 2019 10:08AM Invoice Amount 113.00 340.00 140.00 430.10 910.10 10,000.00 83.99 5.72 200.75 200.75 35.97 35.97 144.51 144.51 4"iuu.uu 4bL.0`,f 76.33 34.15 City of Orono Check Register - COUNCIL REPORT Check Issue Dates: 7/23/2019 - 8/12/2019 Check Check Invoice Invoice GL Account Description Department Payee Issue Date Number Number Total 112358: Riverside Design 08/12/2019 112359 1380 101-42110-352 Junior Officer Badges & Tattoos Police Department Riverside Design 08/12/2019 112359 1400 101-41900-201 Inspection Notices Central Services Total 112359: ROOT 0 MATIC 08/12/2019 112360 41798 602-49450-406 Sewer Service 3249 Ascot Circle Sewer Total 112360: RYAN AUTO MALL 08/12/2019 112361 234939 101-42110-402 Squad #255 Moulding Replacement Police Department Total 112361: Scott Builders Inc 08/12/2019 112362 080119 101-19999 Refund Overpmt CPS19-000004 2455 Shadywood Total 112362: SiteOne Landscape Supply 08/12/2019 112363 91085582-00 101-45210-221 Golf Irrigation Repair Parts Golf Course SiteOne Landscape Supply 08/12/2019 112363 92528621-00 101-45210-221 Golf Irrigation Parts Golf Course SiteOne Landscape Supply 08/12/2019 112363 92528730-00 101-45210-221 Golf Irrigation Repair Parts Golf Course SiteOne Landscape Supply 08/12/2019 112363 93313754-00 651-49910-227 Storm Water Ditching Task 29527 Storm Water Total 112363: SMILEY, JENNIFER 08/12/2019 112364 080119 999-10015 UB Refund Acct 1-532100-04 2190 Kenwood Way Total 112364: Soil Investigation & Design 08/12/2019 112365 10904 101-43280-319 Review of Design and Soil Inspection 2300 Fox St Special Services Total 112365: TALLEN AND BAERTSCHI 08/12/2019 112366 072319 101-41600-306 Prosecution Services -07/2019 Law/Legal Services Total 112366: THE HOME DEPOT 08/12/2019 112367 5013461 701-49800-240 PW Supplies Page: 14 Aug 08, 2019 10:08AM Invoice Amount 937.25 609.48 299.20 908.68 1,596.90 1,596.90 174.91 174.91 10.00 10.00 77.50 7.63 1.93 347.48 434.54 424.87 424.87 600.00 2,938.06 2,938.06 34.94 City of Orono Check Register - COUNCIL REPORT Check Issue Dates: 7/23/2019 - 8/12/2019 Department Parks Police Department Parks Water Parks Central Services Police Department Public Works Department Public Works Department Page: 15 Aug 08, 2019 10:08AM Invoice Amount 387.24 204.96 204.96 152.21 152.21 6,382.00 6,382.00 242.00 2,475.00 655.08 12,132.45 Check Check Invoice Invoice GL Account Description Payee Issue Date Number Number THE HOME DEPOT 08/12/2019 112367 5312344 101-45200-221 Park Supplies THE HOME DEPOT 08/12/2019 112367 5312344 701-49800-240 PW Supplies Total 112367: THOMSON WEST 08/12/2019 112368 840691524 101-42110-311 West Information Total 112368: TIMBERWALL LANDSCAPE & M 08/12/2019 112369 10106077 101-45200-223 Saga Hill Sitting Stone Total 112369: Traut Companies 08/12/2019 112370 317735 601-49400-405 Well #4 Piping Total 112370: TRI K SERVICES 08/12/2019 112371 8311 101-45200-223 Topsoil - Parks Total 112371: US Bank Equipment Finance 08/12/2019 112372 391022282 710-49970-413 Copiers Total 112372: VANGUARD CLEANING SYSTE 08/12/2019 112373 67304 101-41900-407 Janitorial service VANGUARD CLEANING SYSTE 08/12/2019 112373 67304 101-42110-407 Janitorial service Total 112373: VIKING INDUSTRIAL CENTER 08/12/2019 112374 3170333 101-43000-224 Marking Locate, Flags Street Light Total 112374: Warning Lites of MN 08/12/2019 112375 211440 101-43000-224 Sign Post Concrete Mount Total 112375: WASTE MANAGEMENT RECYC 08/12/2019 112376 0057546-280 603-49500-316 Recycling 08/2019 Department Parks Police Department Parks Water Parks Central Services Police Department Public Works Department Public Works Department Page: 15 Aug 08, 2019 10:08AM Invoice Amount 387.24 204.96 204.96 152.21 152.21 6,382.00 6,382.00 242.00 2,475.00 655.08 12,132.45 City of Orono Check Register - COUNCIL REPORT Check Issue Dates: 7/23/2019 - 8/12/2019 Department Water Central Services Police Department Police Department Public Works Department Public Works Department Parks Water Sewer Golf Course Golf Course Golf Course Building & Zoning Page: 16 Aug 08, 2019 10:08AM Invoice Amount 12,132.45 448.50 448.50 1,216.80 1,216.80 38.36 189.95 2,099.33 33.96 7,815.08 3,018.56 1.004.12 1,647.00 295.00 1,942.00 8,639.00 8,639.00 634,538.57 Check Check Invoice Invoice GL Account Description Payee Issue Date Number Number Total 112376: WATER CONSERVATION SVC IN 08/12/2019 112377 9706 601-49400-405 Leak Locate at 2190 Shadywood Rd Total 112377: WESTSIDE WHOLESALE TIRE 08/12/2019 112378 838504 701-49800-222 Unit #450 Replacement Tires Total 112378: XCEL ENERGY 08/12/2019 112379 648275081 101-41900-381 Electric 6/23/19-7/23/19 XCEL ENERGY 08/12/2019 112379 648275081 101-42110-381 Electric 6/23/19-7/23/19 XCEL ENERGY 08/12/2019 112379 648275081 101-42110-381 Electric 6/23/19-7/23/19 XCEL ENERGY 08/12/2019 112379 648275081 101-43000-381 Electric 6/23/19-7/23/19 XCEL ENERGY 08/12/2019 112379 648275081 101-43000-386 Electric 6/23/19-7/23/19 XCEL ENERGY 08/12/2019 112379 648275081 101-45200-381 Electric 6/23/19-7/23/19 XCEL ENERGY 08/12/2019 112379 648275081 601-49400-381 Electric 6/23/19-7/23/19 XCEL ENERGY 08/12/2019 112379 648275081 602-49450-381 Electric 6/23/19-7/23/19 XCEL ENERGY 08/12/2019 112379 648275081 101-45210-381 Electric 6/23/19-7/23/19 Total 112379: YAMAHA MOTOR CORP. 08/12/2019 112380 678182 101-45210-415 Golf Cart Rental YAMAHA MOTOR CORP. 08/12/2019 112380 678273 101-45210-415 Utility Cart Rental Total 112380: METRO WEST INSPECTIONS S 08/12/2019 112381 2063 101-42400-310 Inspection Services June 2019 Total 112381: Grand Totals: Department Water Central Services Police Department Police Department Public Works Department Public Works Department Parks Water Sewer Golf Course Golf Course Golf Course Building & Zoning Page: 16 Aug 08, 2019 10:08AM Invoice Amount 12,132.45 448.50 448.50 1,216.80 1,216.80 38.36 189.95 2,099.33 33.96 7,815.08 3,018.56 1.004.12 1,647.00 295.00 1,942.00 8,639.00 8,639.00 634,538.57 AGENDA ITEM Item No.: 4 Item Description: Annual Gun Club Permit Date: August 12, 2019 Presenter: Anna Carlson Agenda Consent Agenda City Clerk Section: Purpose. The Park Gun Club has applied for their annual gun club license effective September 1, 2019 through August 31, 2020. The applicant has submitted the required licensing information and Staff recommends approval based on no complaints have been received in the past years. A calendar of events for the 2019-20 license is attached. The Orono Police Department has completed a background check and all required documents have been submitted. Staff recommends approval of the application. COUNCIL ACTION REQUESTED Motion to approve the Annual Gun Club Permit. Exhibits Exhibit A. Park Gun Club Calendar of Events 2019-20 Prepared By: AMC Reviewed By: AMC Approved By: -1)a PARK GUN CLUB CALENDAR OF EVENTS September 1, 2019 through August 31, 2020 Saturday/Sunday Shooting Events Saturday, September 7, 2019 - 1:00pm to 5:00pm Sunday, September 8, 2019 - 1:00pm to 5:00pm Sunday, September 15, 2019 -1:00pm to 5:00pm Sunday, September 22, 2019 - 1:00pm to 5:00pm Sunday, September 29, 2019 - 1:00pm to 5:00pm Sunday, November 17, 2019 - 1:00pm to 5:00pm Sunday, November 24, 2019 - 1:00pm to 5:00pm Sunday, December 8, 2019 - 1:00pm to 5:00pm Sunday, December 15, 2019 -1:00pm to 5:00pm Sunday, March 15, 2020 - 1:00pm to 5:00pm Sunday, March 22, 2020 - 1:00pm to 5:00pm Sunday, March 29, 2020 - 1:00pm to 5:00pm Sunday, April 5, 2020 - 1:00pm to 5:00pm Saturday, April 11, 2020 - 9:00am to 5:00pm (High School Event) Sunday, April 12, 2020 -1:00pm to 5:00pm Saturday, April 25, 2020 - 9:00am to 5:00pm (High School Event) Sunday, April 26, 2020 - 1:00pm to 5:00pm Saturday, May 16, 2020 - 9:00am to 5:00pm (High School Event) Saturday, June 20, 2020 - 1:00pm to 5:00pm Saturday, July 18, 2020 - 1:00pm to 5:00pm Saturday, August 15, 2020 - 1:00pm to 5:00pm League Shooting Tuesday, Wednesday, and Thursday - 5:00pm to Dark April 14, 2020 through August 27, 2020 High School League Shooting - Fall League Friday - 3:00pm to 7:00pm/Dark (whichever comes first) September 20, 2019 through October 25, 2019 High School League Shooting - Spring League Monday, Tuesday, Wednesday, and Thursday - 3:00pm to Dark March 30, 2020 through June 11, 2020 (No shooting on May 25, 2020) Friday - 3:30pm to 6:00pm April 3, 2020 through June 12, 2020 AGENDA ITEM Item No.: Item Description: Hosted Servers Date: August 12, 2019 Presenter: Ron Olson, Agenda City Administrator's Finance Director Section: Report 1. Purpose. The purpose of this agenda item is to gain council approval of using LOGIS for a hosted server solution for the City's computer network. 2. Background. The City's computer network currently includes three network servers that are located upstairs in City Hall. The servers are: OR -Mail which hosts our Microsoft Exchange email system, all employee email, boxes, and employee data files; OR-Sql which hosts our Active Directory, network printers and our server based programs including our accounting software; OR -Police stores police files, squad camera videos, and software installation files. Network users can access their files locally with no need for an internet connection. This type of network setup was the standard for many years, but no longer meeting our needs for ever increased file storage needs and data security. As technology has evolved and higher bandwidths have become more available, networks have been evolving to a cloud based architecture. In this type of setup, our servers would be "hosted" at an offsite location and data files would be accessed through an internet connection. We are already moving incrementally to this type of networking through applications like the Police Records System, Citizen Serve, Cartegraph, and our use of the LOGIS cloud backup service. LOGIS, a consortium of local metro area cities was developed to allow cities to have access to higher end technology solutions that would be prohibitively expensive for an individual city, offers hosted a server solution for City networks. They are a local company headquartered in Golden Valley. They are compliant with BCA requirements with respect to police data. The city currently utilizes LOGIS, for network support, cloud backup and Police Records. There are many advantages to a hosted server's structure. One of the biggest advantages is data security. By utilizing redundant sites, our real time data exists in two separate physical locations. This significantly reduces the risk of data loss. The hosted server option also protects the data by providing superior protection from hacking and malware attacks with a full scale intrusion detection system and dedicated staff available to monitor network activity and threats. In addition to the risk of data loss due to a server failure or a catastrophic event at city hall, the hosted option allows staff to continue to work. Currently, if one of our servers was to fail, we would be unable to access the data stored on that server. This outage would last a day or longer before a replacement server could be online. If City Hall was to experience a catastrophic event like a fire or tornado, we would lose all access to our data for days. Because LOGIS has two physically separate data centers, one in Golden Valley and the other in Brooklyn Park, they could experience a failure at one of the locations and we would continue to have access to our data. If City Hall experienced a catastrophic event, we would still be able to access our data as long as we had a computer with an internet connection. Other advantages include less physical equipment to update and maintain, less equipment to fail, less equipment to replace, and a reduction in licensing fees. Under the design being proposed, LOGIS would host four virtual servers: OR -Email, OR -ADO 1, and OR - Prepared By: R16 Reviewed By: j1jZ Approved By: �b AGENDA ITEM Apps I, and OR-Apps2. The City would maintain one physical server at City Hall which would host two virtual servers: OR-AD02 and OR -Utility. The City Hall servers will handle Active Directory, printing, and facilitate the transfer of data between City Hall and LOGIS. It will also offer a solution for future expansion like an IP based surveillance solution. Individual network users are unlikely to notice any difference in how the network operates. The data that they would be accessing would be on a server in Golden Valley, instead of the upstairs of City Hall. The city's IT Technician would still be their main contact for computer related issues. 3. Cost The total cost to design and implement the hosted servers solution is $42,250. If the project is not completed the City will need to replace the two oldest servers this year and our third server next year. A forth server (or other storage solution) will be needed to proceed with the Laserfiche records retention project. At an estimated cost of $15,000 per server this represents a $60,000 expenditure over the next one to two years. Future capital expenditures would be reduced to $12,000 (current cost) once every five years compared to an average of $9,600 per year. This represents an average saving on capital costs of $9,800 per year. There are annual costs associated with the hosted servers. Based on our current levels of data, the annual hosting charge would be $13,700. As the amount of data increases, our charge will also increase. The storage rates range from $1.00/GB to $4.66/GB. The determining factor is how often the data is accessed. Laserfiche records would be accessed and updated less often than the Accounting programs so that type of storage would be less expensive than Accounting data. The blended storage costs based on current levels is $2.10 per GB. Since we currently use LOGIS for hosted backups, the annual cost listed for backups would not be an increase to current costs. Based on the current network structure and data storage, the hosted servers would result in a net annual increase in costs of $3,900. For the additional cost the City gains improved data and network security, redundant processing sites, and fewer network failure points. 4. Funding Network Servers have been being purchased out of the Improvement & Equipment Outlay (IEO) Fund. The initial set up would be from the IEO Fund. The ongoing annual costs will be paid out of the newly created IT Services Fund. COUNCIL ACTION REQUESTED A motion to authorize staff to enter into an agreement with LOGIS to design and host our network. Exhibits A. Managed Services Executive Summary B. Pricing Details Prepared By: Jg1W Reviewed By: -TjZ Approved By: Ib) LV Local Government Information Systems Association �INFDRMATI The LOGISAdvantage City of Orono l �c�rr�c�����o��agc�� � • [dap � � (A Dim) a Prepared by: Brent Keaischke Solutions Archil LOGIS Goals of Project: Goal 1: Transition the Orono existing server/storage/backup architecture to a hybrid model using the LOGIS hosted environment and a single VMWare-ESXI server hosted at Orono City Hall. Goal 2: Upgrade/refresh all Windows server to Server 2012R2 or Server 2016, as Server 2008 is deprecated and no longer supported by Microsoft. Summary of Proposed Solution: Current environment: 3 physical servers Proposed environment: 1 physical VMWare server located at Orono City Hall to run 2 virtual servers, and 4 additional virtual servers hosted in the LOGIS cloud, totaling 6 virtual servers in a hybrid architecture. The proposed solution will run 4 mission critical virtual servers on the LOGIS hosted architecture. The proposed solution also includes a single VMWare-ESXI server to remain at Orono City Hall. This VMWare server will run 2 Windows servers. Together, there is 6 virtual servers. The single VMWare-ESXI server will also have the ability to run additional servers in the future. A good candidate would be an IP based surveillance solution. The solution has been verified to be adequate for processing load, storage speed, storage capacity, and network bandwidth. The LOGIS hosted environment has redundant datacenters, redundant copies of storage, automatic site resiliency, and staff available 24/7 to keep the systems running. The new server design has and a more purposeful application design focused on high performance, high availability, and decreased ongoing maintenance. LOGIS hosted backups will perform daily backups of all 6 servers in the environment. It will include daily backups with 30 days of retention and monthly backups for 12 months. The current solution is only backing up a fraction of the current servers, and is only able to keep 3-5 days of retention due to limited storage resources. The method of server migration will be a deployment of new Windows servers with either Server 2012R2 or Server 2016. This will eliminate all the Server 2008R2 servers, which will be deprecated in the next year. 2 Benefits of hosting servers at LOGIS: Redundancy: • Layers of redundancy with 99% uptime 0 3 datacenters 0 2-3 copies of the data o Item level backups 0 2 copies of data for item level backups o Offsite tape backups o SAN snapshots, for quick recovery • Servers are offsite, so if there is an issue with Orono City Hall building/power/site, employees can work from a different building, home, or LOGIS. Performance: • Storage, processing, and network components are significantly faster/better then we can build at a single local datacenter, such as Orono City Hall. Scalability: • LOGIS hosted environment always has additional storage/processing power and network speed. We can scale any of the Orono systems up to the necessary requirements, without capital expenditures. Security: • LOGIS datacenters has scheduled vulnerability scans to ensure security. • LOGIS is protected with multiple layers of security that is cost prohibitive to reproduce at the City of Orono: o Intrusion Detection Prevention System o Perimeter firewalls o Network monitoring o A full staff to monitor 24/7 o Disaster Recovery plans and procedures to protect from ransomware and other types of attacks. Local VMWare/ESXI server: Run non-critical applications such as IT utilities and surveillance on a much less expensive solution such as the proposed single ESXI server at Orono City Hall. Run the 1 critical Active Directory server at LOGIS and the other at Orono City Hall, to provide the most redundancy possible. Run high storage capacity applications on the local ESXI server to save costs, such as surveillance. Costs: $42,250 upfront cost: • Includes labor for server upgrades and migrations • Includes 1 local ESXI server and VMWare licensing • Windows licensing is already owned, and not part of this project. $13,714 yearly cost for LOGIS server hosting • Includes server hosting for 4 servers based on current utilization • Includes Microsoft Server licensing for these 4 servers • Does not include Microsoft application licensing or CALs • Does not include monthly Windows patches, ongoing Windows Server Work, or future upgrades add/move/changes. • Estimate based on today's usage. Adjustments to be made based on actual usage. $8,532 yearly cost for LOGIS hosted backups • Includes daily backups for all 6 virtual servers • Includes daily backups for SQL, Active Directory, Exchange, and mailbox • Includes daily checks and add/move/changes • Does not include email archiving. That is a separate charge if elected. • Estimate based on today's usage. Adjustments to be made based on actual usage. N Project Costs Detail Sheet: Crone Server Hosting 'Estimate �QFmIS 5750iSdrxh M! DATE QAdenYrlry,MN5n?8 member: I0-54�M Prepared Ryi: JuM is, 2419 City ofOrow Brent Rebiscbke Stip f - IVAS Labor: DesW 40 $5100d.O0 Labor: v CenterlStorage provisioning 16 $2,0[10.00 Labor: hrfras.truclsure 16 $2,0114.OD Srap 2 - Ailgrere servers rr, L GA flowed eloa l dapgrado to Windows 20166 Labor_ Build new, Y1lndows 2016 ser, r and rwgiate components - OR-Emadl Labor. Budd new 1Nindwm 2016 server and mer € urn ponents - OR AM Labor: Build new YNndows 2016 server and migrate carnprsnents. - OR-bppsl 40 16 32 S51D0D.00 52,00O.DD $4,,00 do (aber:. Build ntwr Yrlfisl&M 2016 server an4 migrate components - OR-AppQ 24 S3.D.OD SIeP 3 - fnVJ.eme it a rleri' Fahysicar Server ,for Ciry Harr (2'rirnfW Servers and fruh" survelll®free} Hardware; I new physical server JGsca UCS 0240 Mth 64GB Fl t, 15TO storage -12M FOPS, 1 0G Hic) $11,000 CO Software: YdtiWarr ESA Standard prOcemr FICense 51,250 -OD Labor: Hew physical saner - Implement a physical V1L Ware1ES10 server called 4R-ES3001-CH is S1,040.OU Libor. Build new VAndum 201# server and mierrrtt cO npantnts - OR -AM Labor: build new Y19ndorws 2014 serve i and rn,giate so-npanen ts - OR -Utility 16 161 52,00 OD $2,000,00 Yettrly outs drftar 01" pro)w 1rd! Berm cornpJared Estimated yearly Cast to host servers at LCIGIS $13,714.00 Bi0ing MU be adjusted for actual use of Storage, processors. and mensory Hosted server service includes: Virtual Server, VMWare kernsing, "ndo-s 05 License Hoste-d server serwiee does not inelude: 5&twrar+e Ifcerrsing, OS patching, future server refreshes OS and serverlappbc atian support is ladled as hourly, rate knefih lnfludt repNealed 5tQTEJC, hdeh•avalliblflty, m On* point of faihure•. built-in diw5ter rtrrrvUV with LOGE idle rend L0015 DR site, (M expense in future for building new, servers, ease of adding test servers, and ahibty to take snapshots for ease of system changes Estimated yearL-v asst for manged backups for all servers I56,532.1iG Hybrid Server/Storage Server Design: PM F Orono Datacenter SGB F.1 r—fie I LOGIS Cloud Services LOGIS Hosted Comm -.k Backups r LOGIS Hosted Servers LOGIS Hosted vCenter no sad OR -App, 1 OR-Apps- LOGIS-GV LOGIS-BC Stret.h.d Storare_ Clum- 5taxage is a.t ire at both sites Compel Gent SAN Com pel lent SAN conbnrraus Asnrchrawus. Repll<atwn-De61 Irva 4alume Gscm Nears 41( -Pore piresr Fib�n. .i3..rnu- 9n-r.ir 'C' ci..M05-Pair FiberCMnnN _: r.a nvxx Fibe Civa MDS- Pair fiber Channel ASA a 11 ASA Firewall no Orono Server Hosting Estimate LEE E3 �,�Fo�M�r���sv=rEM; 5750 Duluth Street Golden Valley, MN 55378 763-543-2600 Exhibit B - Pricing Details DATE August 8, 2019 Member: City of Orono Prepared By: Brent Rebischke Step 1 - Preparation tasks Labor: Design 40 $5,000.00 Labor: vCenter/Storage provisioning 16 $2,000.00 Labor: Infrastructure 16 $2,000.00 Step 1 - Migrate servers to LOGIS hosted cloud (upgrade to Windows 1016) Labor: Build new Windows 2016 server and migrate components - OR -Email 40 $5,000.00 Labor: Build new Windows 2016 server and migrate components - OR-AD01 16 $2,000.00 Labor: Build new Windows 2016 server and migrate components - OR-Appsl 32 $4,000.00 Labor: Build new Windows 2016 server and migrate components - OR-Apps2 24 $3,000.00 Step 3 - Implement a new physical server for City Hall (1 virtual servers and future surveillance) Hardware: 1 new physical server (Cisco UCS C240 with 64GB RAM, 15TB storage -1200 IOPS, 10GB Nic) $14,000.00 Software: VMWare ESXI standard processor license $1,250.00 Labor: New physical server - Implement a physical VMWare/ESXI server called OR-ESX101-CH 16 $2,000.00 Labor: Build new Windows 2016 server and migrate components - OR-AD02 16 $2,000.00 Labor: Build new Windows 2016 server and migrate components - OR -Utility 16 $2,000.00 Yearly costs after the project has been completed Estimated yearly cost to host servers at LOGIS $13,714.00 Billing will be adjusted for actual use of storage, processors, and memory Hosted server service includes: Virtual Server, VMWare licensing, Windows OS License Hosted server service does not include: Software licensing, OS patching, future server refreshes OS and server/application support is billed as hourly rate Benefits include replicated storage, high -availability, no single point of failure, built-in disaster recovery with LOGIS site and LOGIS DR future for building new servers, ease of adding test servers, and ability to take snapshots for ease of system changes site, less expense in Estimated yearly cost for manged backups for all serversj $8,532.00 Exhibit B - Pricing Details Quote for LOGIS Hosted Servers Quantity Pricing Summary Unit Price Per Server 1 Total estimated yearly cost for hosted servers $13,714.00 $800.00 16 Total estimated yearly cost for hosted backups $8,532.00 $192.00 1 Estimated Yearly Cost for LOGIS Hosted Servers $350.00 Quantity Description - OR -Mail Unit Price Per Server 1 VM Server $800.00 $800.00 32 GB of RAM memory for server $12.00 $384.00 1 Processors (in quantity of 4) $350.00 $350.00 0 Tier 1 storage (replicated) $4.66 $0.00 250 Tier All storage (replicated) $2.10 $525.00 0 Tier 3 storage (replicated) $1.00 $0.00 Total Yearly Price for this hosted server $2,059.00 250 Total Yearly Price for hosted backups $0.88 $1,070.00 Quantity I Description - OR-AD01 Unit Price Per Server 1 VM Server $800.00 $800.00 16 GB of RAM memory for server $12.00 $192.00 1 Processors (in quantity of 4) $350.00 $350.00 0 Tier 1 storage (replicated) $4.66 $0.00 3000 Tier All storage (replicated) $2.10 $6,300.00 0 Tier 3 storage (replicated) $1.00 $0.00 Total Yearly Price for this hosted server $7,642.00 3000 Total Yearly Price for hosted backups $0.88 $3,490.00 Quantity I Description - OR-Appsl Unit Price Per Server 1 VM Server $800.00 $800.00 32 GB of RAM memory for server $12.00 $384.00 1 Processors (in quantity of 4) $350.00 $350.00 0 Tier 1 storage (replicated) $4.66 $0.00 150 Tier All storage (replicated) $2.10 $315.00 0 Tier 3 storage (replicated) $1.00 $0.00 Total Yearly Price for this hosted server $1,849.00 150 Total Yearly Price for hosted backups $0.88 $982.00 Quantity I Description - OR-Apps2 Unit Price Per Server 1 VM Server $800.00 $800.00 32 GB of RAM memory for server $12.00 $384.00 1 Processors (in quantity of 4) $350.00 $350.00 0 Tier 1 storage (replicated) $4.66 $0.00 300 Tier All storage (replicated) $2.10 $630.00 0 Tier 3 storage (replicated) $1.00 $0.00 Total Yearly Price for this hosted server $2,164.00 300 Total Yearly Price for hosted backups $0.88 $1,114.00 Quantity I OR-AD02 - Hosted Locally Unit Price Per Server 0 VM Server $800.00 $0.00 0 GB of RAM memory for server $12.00 $0.00 0 Processors (in quantity of 4) $350.00 $0.00 0 Tier 1 storage (replicated) $4.66 $0.00 100 Tier All storage (replicated) $0.00 $0.00 0 Tier 3 storage (replicated) $1.00 $0.00 Total Yearly Price for this hosted server $0.00 100 Total Yearly Price for hosted backups $0.88 $938.00 Quantity I OR -Utility - Hosted Locally Unit Price Per Server 0 VM Server $800.00 $0.00 0 GB of RAM memory for server $12.00 $0.00 0 Processors (in quantity of 4) $350.00 $0.00 0 Tier 1 storage (replicated) $4.66 $0.00 100 Tier All storage (replicated) $0.00 $0.00 0 Tier 3 storage (replicated) $1.00 $0.00 Total Yearly Price for this hosted server $0.00 100 Total Yearly Price for hosted backups $0.88 $938.00 AGENDA ITEM Item No.: Item Description: Bederwood Sports Field Award Date: August 12, 2019 Presenter: Adam T. Edwards Agenda Consent Agenda Public Works Director/City Engineer Section: 1. Purpose. The purpose of this council action is to award the Bederwood Sports field project. 2. Background. The Orono Parks Commission is seeking to provide a sports field at Bederwood Park as well as expanding and paving the parking lot. The intent of the project is to provide a facility to support youth sports efforts in the area. To help offset the cost of the project the city submitted a grant application to the Hennepin County youth sports grant program for $211,550 and was approved for $136,275. Staff worked to reduce the scope of the project from the original submission to fit within the budget. The design has been completed and bids submitted. 3. Project Scope. The project scope is a turf sports field, paved parking lot, well and irrigation system. 4. Cost. The city received six bids. The Bid Summary is provided in Exhibit A. The low bid was for $322,782.00 from Sunram Construction. In addition to the construction cost, Bolton and Menk provided apropoa o o construction oversight. s 1 f NTE $39 000 for stru ti(Exhibit hibit B) 5. Funding. Funding for the City cost share, $278,007, for the project would come from the Parks Fund. The Hennepin county Grant is for $136,275. The Park Fund projected 2019 end of year balance is $360,060. 6. Staff Recommendation. Staff recommends award of the project. 7. Time Line. Dates Who Work Cost Status Bolton &Meek, Inc Design and Engineering $ 37,500 Not to exceed, Previously approved Sunram Construction Construction $ 322,782 Pending award TBD New Well $15,000 Estimated cost, quotes to be solicited Bolton &Meek, Inc Construction Oversight $ 39,000 Not to exceed Total $ 414,282 5. Funding. Funding for the City cost share, $278,007, for the project would come from the Parks Fund. The Hennepin county Grant is for $136,275. The Park Fund projected 2019 end of year balance is $360,060. 6. Staff Recommendation. Staff recommends award of the project. 7. Time Line. Dates Activity 12 August 2019 Award Projects September—October 2019 Construct June 2020 Field playable COUNCIL ACTION REQUESTED Motion to Award the Bederwood Sports Field project to Sunram Construction for $322,782 and to authorize Bolton and Menk to perform construction oversite for a fee not to exceed $39,000. Exhibits A. Bid Summary B. BMI Proposal References A. Council Action: Application for Hennepin County Sport Facility Grant for Bederwood Sports Fields, 22 Oct 18. Prepared By. ;k_ Reviewed By: -Sb)R Approved By: -TV Exhibit A. Bid Summary Contractor Bid Sunram Construction $ 322,782.00 Meyer Construction $ 347,652.50 Peterson Companies $ 390,914.23 Rachel contracting $ 356,658.00 Urban Companies $ 365,995.50 Veit & Company $ 516,151.00 OBOLTON & MENK Real People. Real Solutions. August 7, 2019 City of Orono Attn: Adam Edwards PO Box 66 Orono, MN 55323 RE: Bederwood Park Improvements Project - Construction Services Dear Adam: 2638 Shadow Lane Suite 200 Chaska, MN 55318-1172 Ph: 19521 448-8838 Fax: (9521448-8805 Bolton-Menk.com As requested, we have prepared a scope of services and estimated fee for the construction services associated with the Bederwood Park Improvements Project. Scope of Services 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 and construction meetings, as needed • 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 and the City's GIS system will be updated. H:\ORNO\C13118570\1_Corres\C_To Others\Bederwood Park Construction Services 8-7-19.docx Bolton & Menk is an 2019 Street Improvements Page 2 Fee Estimate Based on the scope of services described above, we propose a not -to -exceed of $39,000 to be billed on an hourly basis. 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 H:\ORNO\C13118570\1_Corres\C_To Others\Bederwood Park Construction Services 8-7-19.docx Bolton & Menk is an Item No.: Date: August 12, 2019 Item Description: East Long Lake Trail Design and Engineering Approval Presenter: Adam T. Edwards Agenda Consent Agenda Public Works Director/City Engineer Section: 1. Purpose. The purpose of this action item is for Council approval to commence design and engineering for the East Long Lake Road Trail project. 2. Background. At the May 29th, 2018 meeting, the City Council directed staff and the Parks Commission to develop a plan for the conversion of northern section East Long Lake Road to a trail. The commission, city staff and our consultant have held several meetings and developed a concept plan for the trail. The Council approved the plan on November 26th, 2018. In March of 2019 the city applied for and in July of 2019 was awarded a Grant from the MnDNR for $150,000 for the project. 3. Scope of Work. a. Project Scope. The scope of works includes removal of the existing asphalt, stabilizing the lakeshore where required, construction of a l Oft wide multipurpose trail, benches, rock fishing points, and interpretive signage. b. Engineering Scope. The scope of work for design and engineering includes; survey, permitting, design and bid packet development. (Exhibit A) 4. Cost. a. Project. The estimated cost to for all of the improvements listed in the grant is $410,520. b. Engineering. The proposal form Bolton and Menk (BMI) is for a fee not to exceed $52,050. 5. Funding. The grant will fund $150,000 of the project cost. The remaining $260,520 would paid from the Parks Enterprise, Stormwater fund, Street fund and from other partner sources. 6. Way Forward. When What July 2019 - rant ANORWnt frfR August -December 2019 Design, permitting and coordination with partners March 2020 Award / Grant Agreement Signed June -October 2020 Construction 7. Staff Recommendation. I recommend that the Council BMIs proposal for design and engineering services. COUNCIL ACTION REQUESTED Motion to approve the proposal for Bolton and Menk for design and engineering services for the Long Lake Road trail project for a fee not to exceed $52,050. Exhibits A. BMI Proposal Prepared By: Reviewed By: -SbV Approved By: -19X QBOLTON & MENK Real People. Real Solutions. August 6, 2019 City of Orono Attn: Adam Edwards PO Box 66 Orono, NM 55323 RE: East Long Lake Road — Design Services Dear Adam: 2638 Shadow Lane Suite 200 Chaska, MN 55318-1172 Ph: 19521 448-8838 Fax: (9521448-8805 Bolton-Menk.com Thank you for the opportunity to develop plans and specifications for the East Long Lake Trail. We are excited for the opportunity to be involved with improvements that promote the outdoors, enhance the user experience and improve Long Lake's water quality. Project Understanding Based on our previous involvement in the master planning phase, we have a strong understanding of the existing infrastructure, the wants and needs associated with the site and the corridor's major issues. Proposed Scope of Services (base fee) We propose to complete the following East Long Lake Trail tasks: 1. Survey...................................................................................................................................................... $7,000 Survey work to include the following items: • Centerline and both sides of proposed trail within the corridor. • Topographical survey work around the existing roadbed and existing right-of-way. Survey work will also include survey work necessary to tie into the existing pavement at Summit Park Beach and Spring Hill Road. • Cursory reconnaissance for property irons along corridor. • It is anticipated the project will use a combination of both existing topographic mapping and new coordinates and elevations collected by the survey team. 2. Permitting Assistance..................................................................................................................... $15,550 Bolton & Menk will work with City Staff to identify and complete the necessary permits. To meet the grant program requirements, Long Lake Trail is required to provide the following documentation: • Certification Form • MN DNR NHIS Request • Evidence of water/wetlands requirements (minimally a wetland delineation & report is needed at this time) • Evidence of compliance with environmental review rules • SHPO letter (SHPO will likely request a Phase I survey) • Environmental assessment statement checklist form H:\ORNO\2019 New Projects\Fee Estimate - East Long Lake Road Improvements.docx Balton & Menk is an equal East Long Lake Road August 6, 2019 Page 2 The tasks associated with the wetland permitting will include: • DNR documentation tasks: $8,200 • Potential Phase I: $1,900 • Wetland Permitting: $4,500 • Potential wetland requests: $950 3. Design................................................................................................................................................... $27,000 Bolton & Menk will advance the master plan concept through 60% design development drawings, construction drawings and project specifications. The tasks associated with Design will include: • Design Development plans (60%): $10,000 • Construction Drawings (100%): $12,000 • Construction Specifications: $2,000 Elements to be developed in the design include the following: 1. Trail Improvements • 10' wide bituminous paved trail Off street parking on north end (adjacent to Spring Hill Road) Trail bollards/barriers Boulders • Box culvert 2. Pit-Stops/Overlook Areas • Picnic tables • Stone access stairs to water/fishing pier • Wood fishing pier/boardwalk 3. Shoreline/Slope Stabilization • Details and specifications • Raingardens 4. Interpretive Signage • Wayfinding/interpretive signs at both ends of the new trail (final sign layout and content not part of this design package) 5. Summit Beach Improvements • Paving of parking lot • Small playground 6. Miscellaneous Amenities • Canoe Launch • Landscaping • Benches 4. Bidding.................................................................................................................................................... $2,500 Bolton & Menk will assist the City with preparing the bid package, assisting with answering contractor questions in the bidding process, issuing addendums as necessary and assist with contract recommendation. Fee Estimate Based on the scope of services described above, we propose a total not -to -exceed fee of $52,050 to be billed on an hourly basis. Once the project is awarded, we will be happy to provide the City with a separate fee estimate for construction related services. H:\ORNO\2019 New Projects\Fee Estimate - East Long Lake Road Improvements.docx Balton & Menk is an equal East Long Lake Road August 6, 2019 Page 2 We look forward to working with the City of Orono on establishing a new recreation amenity within the Community. Please let me know if you have any questions or need additional information. Sincerely, Bolton & Menk, Inc. David P. Martini, P.E. Principal Engineer H:\ORNO\2019 New Projects\Fee Estimate - East Long Lake Road Improvements.docx BoLton & Menk is an AGENDA ITEM Item No.: Item Description: Sewer Pumps Replacement Date: August 12, 2019 Presenter: Scott Oberaigner Agenda Consent Agenda Utilities Supervisor Section: 1. Purpose. The purpose of this council action is to gain council approval to replace sewer pumps at Grinder Station 10. 2. Background. This year's lift station inspections have reveled Grinder Station 10's pumps need to be replaced. Both existing pumps have significant wear to the impellers. 3. Scope. Replacement of two pumps and accessories and installation at Grinder Stations 10. 4. Cost. The cost to replace the 2 pumps is $ 17,000. 5. Funding. This equipment will be funded through the Sanitary Sewer Fund. The estimated balance at the end of year 2019 is $1,839,932. There is a positive balance of $18,000 this year from our 2019 Lift Station rehabilitations that will cover the expense of these pump replacements. Also Grinder Station 10 is scheduled for a rehabilitation next year which would have included pump replacement. 6. Staff Recommendation. Staff Recommends replacement of the two pumps by Quality Flow Systems. Quality Flows proposal includes KSB pumps which is common to others in our system and includes installation, training and warrantee. COUNCIL ACTION REQUESTED Motion to accept the proposal from Quality Flow Systems Inc for the replacement of four sewer pumps for $ 17,000. Prepared By: SO Reviewed By: Approved By: -TV AGENDA ITEM Item No.: Date: August 12, 2019 Item Description: Appointment of 2019 Seasonal Employees Presenter: Jason Goehring Agenda Consent Agenda Parks and Golf Course Supervisor Section: 1. Purpose. The purpose of this action item is to gain Council approval of seasonal and part time employees. 2. Background. The hourly pay is proposed to be $12.00-14.00 for the Golf Course Clubhouse Attendants and Brush Site Attendants; $12-$16 for Parks and Golf Course Maintenance Employees, and $10-$16 for Utilities Maintenance Workers; and a pay range of $15.00-$20.00 for the Clubhouse Manager. The Clubhouse Manager will be a part time employee. All other employees will be seasonal and fall under the 6 month PERA Classification and are therefore excluded from PERA membership. Seasonal Employee Appointments and Candidates. Prepared By: JG Reviewed By: Approved By: -T)R Name Position Wage Remarks ($/hr) Robert Howells G.C. Clubhouse Manager $20.00 Resigned Cy Paul Tolzmann G.C. Clubhouse Attendant $13.00 Returnee N Scott Prochnow G.C. Clubhouse Attendant $13.00 Returnee wN Stuart Mayer Brush Site Attendant $13.00 Resigned Mitchell Hall Parks and Golf Maintenance $15.00 Returnee a, Danielle Middendorf Clubhouse Attendant $12.00 Returnee N Marshall Hambro Clubhouse Attendant $13.00 Returnee Marie Jorland Clubhouse Attendant $12.00 Returnee Diana Otrey Clubhouse Attendant $12.00 Resigned d Wendy Middendorf Clubhouse Attendant $12.00 Returnee Rebecca Anderson Seasonal Utilities Maintenance $13.00 Returnee Ron Steffenhagen Parks and Golf Maintenance $13.00 Returnee Calvin Schmidt Parks and Golf Maintenance $13.00 Returnee Andrew Charrier Parks and Golf Maintenance $12.00 New hire Sally Thompson Clubhouse Attendant $12.00 New hire Approved Paul Haug Clubhouse Attendant $12.00 Resigned March 19, 2019 Approved Megan Schiller Clubhouse Attendant $12.00 Resigned May 13, Fermin Aragon Parks and Golf Maintenance $12.00 New hire 2019 Grace Mattila Parks and Golf Maintenance $12.00 Resigned Approved Chad Stowell Parks and Golf Maintenance $14.00 New hire May 28, 2019 Approved Max Bjorklund Clubhouse Attendant $12.00 New hire June 10, 2019 Approved Max Taggart Clubhouse / Brush Site Attendant $12.00 New hire July 17, 2019 Prepared By: JG Reviewed By: Approved By: -T)R AGENDA ITEM 4. Staff Recommendation. I recommend approval to hire of the seasonal employees in Table 3 and to promote Marie Jorland to the position of Clubhouse Manager. COUNCIL ACTION REQUESTED Motion to approve hiring the seasonal employee as in the list above. Prepared By: JG Reviewed By: Approved By: -T)R Samantha Trammel Clubhouse Attendant $12.00 New hire Amber Nasby Clubhouse Attendant $12.00 New hire Requesting David Lindstrom Clubhouse Attendant $12.00 New hire Approval Marie Jorland Clubhouse Manager $15.00 Promotion 4. Staff Recommendation. I recommend approval to hire of the seasonal employees in Table 3 and to promote Marie Jorland to the position of Clubhouse Manager. COUNCIL ACTION REQUESTED Motion to approve hiring the seasonal employee as in the list above. Prepared By: JG Reviewed By: Approved By: -T)R AGENDA ITEM Item No.: 10 Date: August 12, 2019 Item Description: LA19-000033 — Chuck Alcon o/b/o Eric and Andrea Larson, 690 Brown Road, Final Plat and Development Agreement Approval Presenter: Jeremy Barnhart, Community Agenda Consent Agenda Development Director Section: 1. Purpose. This item is to consider the Final Plat of Willow Bay Sanctuary, a 7 lot subdivision of 690 Brown Road. 2. 15.99 Deadline. Application was received on May 15, 2019. The application was considered complete on August 6t'', 2019. Action must be taken by October 5, 2019. 3. Background/ Summary. The City Council adopted resolution 6989 on May 13, 2019, approving the preliminary plat for Willow Bay Sanctuary, a 7 lot single family residential subdivision. The proposed final plat is consistent with the approved Preliminary Plat. All lots are consistent with the Council direction in terms of lot width and area. The proposed use of the property, single family residential at density of .5 units per acre is consistent with the Comprehensive Plan. The newly developed properties will be served by water and sanitary sewer. A Development Agreement has been prepared by the City Attorney, and has been signed by the applicant, in anticipation of Council Approval. All costs associated with the development, including street/ utility construction, storm water management, erosion control, etc., are the responsibility of the developer. The Development Agreement includes the following provisions: 23 D. The existing lot, currently served by an onsite septic system, will be required to connect to the municipal system the earlier of 1 year from the date the city accepts the system, or if the existing home is demolished, the replacement home is built. 29E. One building permit may be issued on either lot 1 or Lot 7, Block 1, prior to the first lift of asphalt. A Certificate of Occupancy may not be issued until the street has been paved, the utilities accepted, and all drives off of Brown Rd are removed. 4. Staff Recommendation. Staff recommends approval of the Final Plat and authorization of the Developers Agreement as proposed. COUNCIL ACTION REQUESTED Staff Recommendation: Motion to amend or adopt the attached resolution. Authorize Mayors signature of Development Agreement and mylars. Exhibits A. Final Plat Resolution — Draft B. Final Plat C. Development Agreement D. Resolution 6989 Prepared By: J. Barnhart Reviewed By: -Sb)R Approved By: -TV CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. A RESOLUTION APPROVING THE PLAT OF WILLOW BAY SANCTUARY - FILE #LA19-000033 WHEREAS, the City of Orono (hereinafter the "City") is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, the City Council of the City of Orono (hereinafter "City Council") has adopted subdivision and land development regulations for the orderly, economic and safe development of land within the City; and WHEREAS, on March 16, 2019, Mike Steadman, o/b/o property owners Eric and Andrea Larson (hereinafter the "Owners") submitted an application for approval of a Preliminary Plat for property located at 690 Brown Road in the City of Orono and legally described in Exhibit A (attached); and WHEREAS, at its regular meeting on May 13, 2018 the Orono City Council granted approval for the Preliminary Plat per the findings and conditions of Resolution No. 6989; and WHEREAS, on May 16, 2019 the Owners, through their agent made formal application for final plat approval for the Property; and WHEREAS, the Owners have agreed to comply with all conditions of Resolution No. 6989 and has completed or has agreed to complete all other requirements of the platting regulations of the City including: 1. Completion of all platting requirements and conditions of Preliminary Plat Resolution No. 6989. 2. Dedication on the plat of perimeter Drainage and Utility Easements as required in Resolution No. 6989. 3. Submittal of Minnehaha Creek Watershed District (MCWD) permits approving the grading, stormwater management facilities, Storm Water Pollution Prevention Plan (SWPPP) and erosion control plan. 4. Provision to the City of a title opinion for the Property and certified copies of all recorded easements currently affecting the Property. 5. Execution of a Development Contract including provision of financial security including a Page 1 of 4 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. Letter of Credit and escrow to ensure that all site improvements are installed and maintained to the City's specifications and satisfaction, and to establish conditions for future development of the site. 6. Payment of development fees as follows: Engineering, City Administration (escrow) $ 4,000.00 Park Dedication Fee 33,300.00 Storm Water and Drainage Trunk Fee 48,360.00 Water Connection Charge 29,680.00 Sewer Connection Charge 36,575.00 Final Plat Fee 500.00 Total Cash Requirements & Fees $152,415.00 WHEREAS, City staff and consultants have reviewed the plans for this subdivision and hereby specify approval of each plan and identify them as part of the official record for Willow Bay Sanctuary, all attached as Exhibit B: Plat of Willow Bay Sanctuary Sheet A: Signature Page Sheet B: Lots 1-3 Sheet C: Lots 4-7 Construction Drawings Sheet 1: Title Sheet (dated 7-10-19) Sheet 2: Existing Conditions (dated 7-10-19) Sheet 3: Grading Plan (dated 7-10-19) Sheet 4: Street Plan & Profile (dated 7-10-19) Sheet 5: Utility Plan and Profile (dated 7-10-19) Sheet 6: Erosion Control and SWPPP (dated 7-10-19) Sheet 7: Detail Sheet (dated 7-10-19) Sheet 7: Detail Sheet (dated 7-10-19) Sheet 9: Detail Sheet (dated 7-10-19) All of the above noted plans are subject to any additional requirements of the Minnehaha Creek Watershed District and the City Engineer. Page 2 of 4 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. NOW, THEREFORE, BE IT RESOLVED that based on the findings of Resolution No. 6989, the City Council of the City of Orono does hereby approve the plat of WILLOW BAY SANCTUARY, Hennepin County, Minnesota (a copy of which is attached as Exhibit B) subject to the following conditions: Development within WILLOW BAY SANCTUARY is subject to the Conclusions, Orders and Conditions enumerated within Preliminary Plat Resolution No 6989, and subject to the provisions of the Development Contract for WILLOW BAY SANCTUARY dated August 12, 2019. 2. Upon completion by the Developer of the public water and sanitary sewer improvements as shown on the Construction Drawings (sheets 1-7) within WILLOW BAY SANCTUARY, subject to final certification by the City Engineer that the work is satisfactory, the City will formally accept the utilities as public, and the City will maintain said facilities henceforth. 3. The approvals granted in this Resolution shall become effective only when all conditions of approval requiring actions by the Developer have been satisfied. 4. The City Clerk shall release the plat documents for filing only upon certification by the City Attorney, Community Development Director and City Engineer that all requirements of the platting regulations have been satisfied. 5. The aforesaid plat shall be filed by the City of Orono with Hennepin County on or before February 12, 2019 together with a certified original copy of this resolution and executed copies of the easements and covenants pertinent thereto. The approval granted by this Resolution shall expire if the conditions of this Resolution have not been met or the plat has not been filed by the date specified above. In that event, it will be necessary to file a new application with the City of Orono for subdivision review. Adopted by the City Council of Orono this 12t' day of August, 2019. ATTEST: Anna Carlson, City Clerk Dennis Walsh, Mayor Page 3 of 4 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. Exhibit A Parcel 1: That part of Government Lot 1, Section 34, Township 118, Range 23, described as follows: Commencing at a point 799 feet east and 133 feet south of the Northwest corner of said Lot 1; thence West 799 feet to west line of said Lot 1; thence South 1037.7 feet; thence at right angles east to the shore of Long Lake; thence northeasterly along lake -shore to a point which bears South 54 degrees 20 minutes East from the point of beginning; thence North 54 degrees 20 minutes West 1017 feet, more or less to the point of beginning, according to the United States Government Survey thereof, except that part of said tract described as follows: Commencing at the northwest corner of the Northwest Quarter of the Northeast Quarter of said Section 34; thence southerly along the westerly line thereof a distance of 133 feet to the point of actual beginning; thence southerly along said westerly line a distance of 598.70 feet; thence deflect 90 degrees 00 minutes to the left a distance of 344.14 feet; thence deflect 90 degrees 00 minutes to the left a distance of 572.95 feet; to the southerly line of R. L. S. No. 1275; thence westerly along said line a distance of 345.10 feet to the point of beginning. Parcel 2: That part of the Northwest Quarter of the Northeast Quarter of Section 34, Township 118 North, Range 23 West described as follows: Commencing at the northwest corner of said Northwest Quarter of the Northeast Quarter; thence southerly along the westerly line thereof a distance of 591.70 feet to the actual point of beginning of land to be described; thence continuing southerly along said westerly line a distance of 140.00 feet; thence deflect to the left 90 degrees 00 minutes a distance of 344.14 feet; thence deflect to the left 90 degrees 00 minutes a distance of 140.00 feet; thence deflect to the left 90 degrees 00 minutes a distance of 344.14 feet to the point of beginning, Hennepin County, Minnesota. 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N � z Z l� / N 0 C3 LU // / N M � r �_ O .� rr o Ir z "' M� -NZ LLJD Luw � amQ) i ami � 0 p_73°37,52 6p p0 o / 1-64 26 R= � \ z O O z �o.s �/ o� �0 E J co 0LU LU 00 �0LU z M r mo 00s� — s Cf) 1\ 06,16 LU FM0co >= LLI oohs cn Z \ LV \ F— U V �clo. 0 cn a °M C o \ II o V N 1 L II Q0 W W N m I -ui 00 X23 M 8 �o'Z� °�' Z I� o,sf°s1 s o M O O NLO z o /- k-00- 0 ['t,6 \ £L'8£ C) [9•t£ Uri C' OL'9zz \ Z o ALU o St' C S Q r u5 V�G£o00 J \\ W z w J I I N CSL � I;-►� LO m o� %zw to �I I4c � SII �N oo / �Q/ / I� N 0 O: / � W, p i co 0 U)I / rr� j' z I -� /� /Opp / 49, h �C-D o 00 89'£V OD i LO (y) M „1£,95.00 S r I CO " I J O I O I O / M / rI po o j p / 0 o / a M / =a a I zv O I r J O I m cv I z CD L — OJ -- — — -- — — — — — W J 66'zz£ M „5t,,££o00 N VJ W W r= cn co U- 0 co W W CI) DEVELOPMENT CONTRACT (Developer Installed Improvements) WILLOW BAYSANCTUARY ZONING FILE # LAI 9-000033 THIS DEVELOPMENT CONTRACT ("Contract" or "Agreement") dated 2019, is by and between WILLOW BAY SANCTUARY, LLC, a Minnesota limited liability company ("Developer" or "Owner") and the CITY OF ORONO, a Minnesota municipal corporation ("City"). 1. REQUEST FOR PLAT APPROVAL. The Developer has asked the City to approve a plat for "WILLOW BAY SANCTUARY" (referred to in this Contract as the "Plat"). The land to be subdivided by the Plat (the "Land") is situated in the City of Orono, County of Hennepin, State of Minnesota, and is legally described on the attached Exhibit A. 2. CONDITIONS OF PLAT APPROVAL. The City hereby approves the Plat on condition that the Developer enter into this Contract and furnish the security required by it. The City will cause the Plat to be duly recorded in the office of the County Recorder in and for Hennepin 202141v4 County, Minnesota, promptly after compliance by the Developer with all conditions precedent to such recording pursuant to this Contract, which conditions precedent the Developer shall cause to be satisfied within 180 days after the City Council approves the final Plat. 3. RIGHT TO PROCEED. Within the Land, the Developer may not grade or otherwise disturb the earth, remove trees, construct sewer lines, water lines, streets, utilities, public or private improvements, or any buildings until all the following conditions have been satisfied: 1) this Contract has been fully executed by both parties and filed with the City Clerk, 2) the necessary "security" (defined below) has been received by the City, and 3) the Plat has been duly recorded in the office of said Recorder. 4. PHASED DEVELOPMENT. N/A 5. PRELIMINARY PLAT STATUS. N/A 6. CHANGES IN OFFICIAL CONTROLS. For two (2) years from the date of this Contract, no amendment to the City's Comprehensive Plan, or official controls shall apply to or affect the use, development density, lot size, lot layout or dedications of the Land unless required by state or federal law or agreed to in writing by the City and the Developer. Thereafter, notwithstanding anything in this Contract to the contrary, to the full extent permitted by state law, the City may require compliance with any amendments to the City's Comprehensive Plan, official controls, platting or dedication requirements enacted after the date of this Contract with respect to property which did not receive final plat approval prior to any such amendment. 7. DEVELOPMENT PLANS. The Land shall be developed in accordance with the following plans (collectively, the "Plans"). The Plans shall not be attached to this Contract. The erosion control plan may also be approved by Minnehaha Creek Watershed District. If the Plans vary from the terms of this Contract, the terms of this Contract shall control. The Plans are: 2 202141v4 Plan A — Plat of Willow Bay Sanctuary Plan B - Grading and Erosion Control Plan Plan C — Site Plan Plan D — Street and Storm Sewer Plan Plan E — SWPPP Plan Plan F — Conservation Design Report and Master Plan Plan G — Landscaping Plan Plan H — Utility Plan 8. IMPROVEMENTS. The Developer shall install and pay for the following as required to be built in accordance with the approved Plans (the "Improvements"): A. Roads B. Site Grading and Erosion Control B. Setting of Iron Monuments C. Surveying and Staking D. Stormwater Management Facilities E. Water and Sewer Utilities The Improvements shall be installed in accordance with the City subdivision ordinance; City standard specifications for utilities and street construction; and any other ordinances including those concerning erosion and drainage and any prohibiting grading, construction activity, and the use of power equipment. The Developer shall submit plans and specifications which have been prepared by a competent registered professional engineer to the City for approval by the City Engineer. The Developer shall instruct its engineer to provide adequate field inspection personnel to assure an acceptable level of quality control. In addition, the City may, at the City's discretion and at the Developer's expense, have one or more City inspectors and a soil engineer inspect the work as the City may reasonably determine. The Developer, its contractors and subcontractors, shall follow all 3 202141v4 instructions received from the City's inspectors. The Developer's engineer shall provide for on-site project management. The Developer's engineer is responsible for design changes and contract administration between the Developer and the Developer's contractor. The Developer or its engineer shall schedule a pre -construction meeting at a mutually agreeable time at the City Council chambers with all parties concerned, including the City staff, to review the program for the construction work. Within thirty (30) days after the completion of the Improvements and before the "security" is released, the Developer shall supply the City with a complete set of reproducible "as constructed" Plans, and an electronic file of the "as constructed" Plans in an Auto CAD file or file format approved by the City Engineer based upon the Hennepin County coordinate system, all prepared in accordance with City standards. 9. IRON MONUMENTS. In accordance with Minnesota Statutes Section 505.021 and the Orono City Code, the final placement of iron monuments for all lot corners must be completed before the "security" is released. The Developer's surveyor shall submit a written notice to the City certifying that the monuments have been installed. 10. PERMITS. The Developer shall obtain or require its contractors and subcontractors to obtain all necessary permits, including but not limited to the following to the extent required: • DNR for Dewatering • City of Orono for Building Permits • Minnehaha Creek Watershed District for erosion control permit and storm water management permit • NPDES Permits (National Pollutant Discharge Elimination System) issued by MPCA 11. DEWATERING. Due to the variable nature of groundwater levels and stormwater flows, it will be the Developer's and the Developer's contractors' and subcontractors' responsibility to satisfy themselves with regard to the elevation of groundwater in the area and 4 202141v4 the level of effort needed to perform dewatering and storm flow routing operations. All dewatering shall be in accordance with all applicable county, state, and federal rules and regulations. DNR regulations regarding appropriations permits shall also be strictly followed. 12. TIME OF PERFORMANCE. The Developer shall install all Improvements as contemplated by Section 8 and the approved Plans by December 31, 2020, with the exception of the final wear course of asphalt on private drive. 13. LICENSE. The Developer hereby grants the City, its agents, employees, officers and contractors a license to enter the Land to perform all work and inspections deemed appropriate by the City in conjunction with development of the Land. 14. EROSION CONTROL. Prior to initiating site grading, the storm water pollution prevention plan, and the erosion control plan shall be implemented by the Developer and inspected and approved by the City. The City may impose additional erosion control requirements if reasonably required. All areas disturbed by excavation and backfilling operations shall be reseeded within five (5) days after the completion of the work, weather permitting, or in an area that is inactive for more than ten (10) days unless authorized and approved by the City Engineer. Except as otherwise provided in the erosion control plan, seed shall be in accordance with the City's current seeding specification which may include certified oat seed to provide a temporary ground cover as rapidly as possible. All seeded areas shall be fertilized, mulched, and disc anchored as necessary for seed retention. The parties recognize that time is of the essence in controlling erosion. If the Developer does not comply with the erosion control plan and schedule or supplementary instructions received from the City, the City may take such action as it deems appropriate to control erosion. The City will endeavor to notify the Developer in advance of any proposed action, but failure of the City to do so will not affect the Developer's and City's rights or obligations hereunder. 5 202141v4 If the Developer does not reimburse the City for any cost the City incurred for such work within ten (10) days, the City may draw down the "security" to pay any costs. No development, utility or street construction will be allowed and no building permits will be issued unless the Land is in full compliance with the approved erosion control plan. 15. GRADING PLAN. Building permits shall be based on the approved grading and erosion control plan, though actual grading will be completed by the property owners at the time of building construction. This approved grading plan will establish the Engineered Grade for the project, as defined by city code. The City will withhold issuance of building permits until all erosion control measures are in place as determined by the City Engineer. The Developer certifies to the City that all lots with house footings placed on fill will have been monitored and constructed to meet or exceed FHA/HUD 79G specifications. 16. CLEAN UP. The Developer shall clean dirt and debris from streets that has resulted from construction work by the Developer, builders, subcontractors, their agents or assigns. Prior to any construction on the Land, the Developer shall comply with all recommendations of the City staff and City Engineer regarding site cleanup and restoration, including but not limited to contaminated soil removal, junk and debris removal, etc. Also, prior to any construction on the Land, the Developer shall identify in writing a responsible party and schedule for erosion control, street cleaning, and street sweeping. 17. CONSTRUCTION AND MAINTENANCE OF IMPROVEMENTS. Upon completion of the Improvements, the City shall inspect the Improvements and notify Developer if any of the Improvements do not conform to the requirements of this Contract. 18. CITY ENGINEERING ADMINISTRATION AND CONSTRUCTION OBSERVATION. The Developer shall pay a fee for engineering administration. City engineering 6 202141v4 administration will include monitoring of construction observation, consultation with Developer and its engineer on status or problems regarding the project, coordination for final inspection and acceptance, project monitoring during the warranty period, and processing of requests for reduction in the "security." Fees for this service shall be at standard hourly rates. These fees shall be billed monthly. Contemporaneously with the execution of this Agreement, the Developer shall deposit $4,000.00 cash with the City ("Escrow"). All accrued interest, if any, shall be paid to the City to reimburse the City for its cost in administering the escrow account. The purpose of the Escrow is to guarantee reimbursement to the City for all out-of-pocket costs (including, but not limited to, planning, engineering oversight, or legal consultant review) the City has incurred or will incur related to the Development and for all out-of-pocket costs the City has incurred or will incur to assure that the work is completed in accordance with the Stormwater Pollution Prevention Plan and the provisions of Orono City Code Chapter 79. The Escrow may also be used by the City to eliminate any hazardous conditions associated with the work and to repair any damage to public property or infrastructure that is caused by the work associated with this Agreement, if compliance with the terms of this Agreement are not accomplished. As the City receives consultant bills for incurred costs, the City will in turn send a bill to the Developer. The Developer shall be responsible for payment to the City within 30 days of the Developer's receipt of bill. In the event that the Developer does not make payment to the City within the timeframe outlined in this Section, the City may immediately draw from the escrow account without further approval of the Developer to reimburse the City for eligible expenses the City has incurred. If the balance of the escrow account is insufficient to reimburse the City its costs under this Section, the Developer will promptly reimburse the City any additional costs. If the eligible expenses incurred 7 202141v4 by the City exceed the amount in escrow and are not promptly reimbursed by the Developer, the City shall have the right to certify the unpaid balance to the subject property pursuant to Minn. Stat. §§ 415.01 and 366.012. The Balance on deposit in the escrow, if any, shall be returned to the Developer when the Development has been completed and written notification is received from the Developer requesting the funds. 19. STORM WATER AND DRAINAGE TRUNK FEE. The Land is subject to the standard Storm Water and Drainage Trunk Fee for new 2 -acre lots at $8,060.00 per lot. $8,060.00 per lot x 6 lots = $48,360.00 20. PARK DEDICATION FEE. The Land is subject to the standard Park Dedication Fee requirement at the following rate: $5,550.00 per lot x 6 new lots = $33,300.00 21. SEWER CONNECTION CHARGE. The Land is subject to the standard Sewer Connection Charge at the following rate: $ 5,225.00 per lot x 7 lots = $36,575.00 The Land is subject to the Metropolitan Council SAC Charge at the following rate: $ 2,485.00 per dwelling unit x 7 dwelling units = $17,395.00 22. WATER CONNECTION CHARGE. The Land is subject to the standard Water Connection Charge at the following rate: $ 4,240.00 per dwelling unit x 7 dwelling units = $29,680.00 23. SPECIAL PROVISIONS. The following special provisions shall apply to development of the Land: A. Implementation of and adherence to the findings and conditions listed in (1) Resolution No. approving the Final Plat for Willow Bay Sanctuary, adopted by the Orono City Council on , 2019; (2) Resolution No. 6989 approving the Preliminary Plat for Willow Bay Sanctuary, adopted by the Orono City Council on May 13, 2019. 8 202141v4 B. Final Plat approval is subject to Minnehaha Creek Watershed District ("MCWD") approval and permits as required. The City will not approve the Plat until the MCWD has approved the stormwater management plans and the Developer has provided evidence that all required MCWD permits have been obtained. C. The Plat shall adhere to the purpose and intent of the Orono Community Management Plan, as amended. D. The existing residential structure on Lot 6, Block 1, shall connect to the sanitary sewer system within 12 months of the city's acceptance of the system. In the event the principal structure is removed, a replacement residential structure shall connect to the sanitary sewer system immediately. E. All of the proposed lots must contain suitable area meeting all established setback requirements to allow the construction of single family residences. F. Prior to City Council approval of the final Plat, the Developer shall furnish a boundary survey of the Land in a form acceptable to City staff. G. The Developer shall pay to the city engineer the amounts incurred for City base map upgrading. H. The Developer shall submit the final Plat in electronic format. The electronic format shall be Auto CAD file or format acceptable to the City Engineer. The Developer shall also submit two complete sets of the Plat on Mylar (one copy for the City's records and one copy for recording with Hennepin County). The Developer shall also provide one copy reduced to 1" = 200'. I. The Developer shall execute and record a Tree Preservation Easement/Covenants over the Land, consistent with the Preliminary Plat. 9 202141v4 24. SUMMARY OF SECURITY REQUIREMENTS. To guarantee compliance with the terms of this Contract, payment of the costs of all Improvements and construction of all Improvements, the Developer shall furnish the City with a letter of credit, in the form attached hereto (the "security"), from a bank for 150% of the cost of the Improvements, including any required landscaping. The following is a summary of the security requirements due under this Contract, which must be in place at the time of silt fence inspection and prior to any other site improvements. Improvements Total Security x 150% $703,972.00 1.055.958.00 The bank shall be subject to the approval of the City Administrator. The City may draw down the security, upon five (5) business days' prior written notice to Developer, for any violation of the terms of this Contract. Amounts drawn shall not exceed the amounts necessary to cure the default. If the Improvements are not completed at least thirty (30) days prior to the expiration of the security, the City may also draw it down. If the security is drawn down, the proceeds shall be used to cure the default. Upon receipt of proof satisfactory to the City that work has been completed and financial obligations to the City have been satisfied, with City approval the security may be reduced from time to time by ninety percent (90%) of the financial obligations that have been satisfied. Ten percent (10%) of the amounts certified by the Developer's engineer, and approved by City's Engineer, shall be retained as security until all Improvements have been completed, all financial obligations to the City satisfied, the required "as constructed" Plans have been received by the City, a warranty security is provided, and the public Improvements are accepted by the City Council. The City standard specifications for utilities and street construction outline procedures for security reductions. 10 202141v4 25. SUMMARY OF CASH REQUIREMENTS AND FEES. The following is a summary of the cash requirements and fees due under this Contract, which must be paid in cash at the time of final plat approval and execution of this Contract by the City: Engineering, City Administration (escrow) $ 4,000.00 Park Dedication Fee 33,300.00 Storm Water and Drainage Trunk Fee 48,360.00 Water Connection Charge 29,680.00 Sewer Connection Charge 36,575.00 Final Plat Fee 500.00 Total Cash Requirements & Fees $152,415.00 26. WARRANTY. The Developer warrants all Improvements against poor material and faulty workmanship. The warranty period for streets is one year. The warranty period for underground utilities is two years and shall commence following completion and acceptance by the City Council. The one year warranty period on streets shall commence after the final wear course has been installed and accepted by the City Council as documented in official City minutes. The Developer shall post a maintenance bond, letter of credit or cash deposit (the "Maintenance Security") in an amount reasonably determined by the City Engineer. The City Engineer shall examine the condition of the Improvements when determining the amount of the Maintenance Security. The City shall retain ten percent (10%) of the security until the Maintenance Security is furnished the City or until the warranty period expires, whichever first occurs. The retainage may be used to pay for warranty work. The City standard specifications for utilities and street construction identify the procedures for final acceptance of streets and utilities. 27. RESPONSIBILITY FOR COSTS. A. Except as otherwise specified herein, the Developer shall pay all costs incurred by it or the City in conjunction with the development of the Land, including but not limited to Hennepin County Environmental Services and Minnehaha Creek Watershed District charges, 11 202141v4 legal, planning, engineering and inspection expenses incurred in connection with approval and acceptance of the Plat, the preparation of this Contract, review of construction plans and documents, and all costs and expenses incurred by the City in monitoring and inspecting development of the Land. B. The Developer shall hold the City and its officers, employees, and agents harmless from claims made by itself and third parties for damages sustained or costs incurred resulting from Plat approval and development of the Land. The Developer shall indemnify the City and its officers, employees, and agents for all costs, damages, or expenses which the City may pay or incur in consequence of such claims, including attorneys' fees. C. The Developer shall reimburse the City for reasonable costs incurred in the enforcement of this Contract, including engineering and attorneys' fees. D. The Developer shall pay, or cause to be paid when due, and in any event before any penalty is attached, all special assessments referred to in this Contract. This is an obligation of the Developer and shall continue in full force and effect even if the Developer sells one or more lots, the Land, or any part of it. E. The Developer shall pay in full all bills submitted to it by the City for obligations incurred under this Contract within thirty (30) days after receipt. If the bills are not paid on time, the City may halt development and construction of the Land until the bills are paid in full. Bills not paid within thirty (30) days shall accrue interest at the rate of eight percent (8%) per year. F. In addition to the charges and special assessments referred to herein, other charges as required by City ordinance or via other agencies for which City acts as agent may be imposed such as, but not limited to, building permit fees. 12 202141v4 28. DEVELOPER'S DEFAULT. In the event of default by the Developer as to any of the work to be performed by it hereunder, the City may, at its option, perform the work and the Developer shall promptly reimburse the City for any expense incurred by the City, provided the Developer, except in an emergency as determined by the City, is first given notice of the work in default, not less than forty-eight (48) hours in advance. This Contract is a license for the City to act, and it shall not be necessary for the City to seek a Court order for permission to enter the Land. When the City does any such work, the City may, in addition to its other remedies, assess the cost in whole or in part against any portion of the Land owned by the Developer or any successor in interest to the Developer. 29. MISCELLANEOUS. A. The Developer represents to the City that the Plat complies with all city, county, state, and federal laws and regulations, including but not limited to: subdivision ordinances, zoning ordinances, and environmental regulations. If the City determines that the Plat does not comply, the City may, at its option, refuse to allow construction or development work on the Land until the Developer does comply. Upon the City's demand, the Developer shall cease work until there is compliance. Contract. B. Third parties shall have no recourse against the City or Developer under this C. Breach of the terms of this Contract by the Developer shall be grounds for denial of building permits, including those for lots sold to third parties. D. If any portion, section, subsection, sentence, clause, paragraph, or phrase of this Contract is for any reason held invalid, such decision shall not affect the validity of the remaining portions of this Contract. 13 202141v4 E. If building permits are issued prior to the completion of all Improvements, the Developer assumes all liability and costs resulting in delays in completion of Improvements and damage to Improvements caused by the City, Developer, its contractors, subcontractors, material men, employees, agents, or third parties. No one may occupy a building for which a building permit is issued on either a temporary or permanent basis until the streets needed for access have been paved with at least one lift of bituminous surface and the utilities are accepted by the City Engineer in writing. Notwithstanding the foregoing, the City may issue one building permit for a principal structure for either Lot 1 or Lot 7, Block 1. A Certificate of Occupancy for that lot will not be granted until the street within the development has been paved with at least one lift of bituminous surface, the utilities are accepted by the City Engineer in writing, and all drives off of Brown Road have been removed. F. The action or inaction of the City shall not constitute a waiver or amendment to the provisions of this Contract. To be binding, amendments or waivers shall be in writing, signed by the parties and approved by written resolution of the City Council. The City's failure to promptly take legal action to enforce this Contract shall not be a waiver or release. G. This Contract shall run with the Land and may be recorded against the Land. The Developer covenants with the City, its successors and assigns, that the Developer is well seized in fee title of the Land and/or has obtained consents to this Contract, in the form attached hereto, from all parties who have an interest in the Land; that there are no unrecorded interests in the Land; and that the Developer will indemnify and hold the City harmless for any breach of the foregoing covenants. H. Each right, power or remedy herein conferred upon the City is cumulative and in addition to every other right, power or remedy, express or implied, now or hereafter arising, 14 202141v4 available to the City, at law or in equity, or under any other agreement, and each and every right, power and remedy herein set forth or otherwise so existing may be exercised from time to time as often and in such order as may be deemed expedient by the City and shall not be a waiver of the right to exercise at any time thereafter any other right, power or remedy. I. The Developer may not assign this Contract without the written permission of the City Council. The Developer's obligations hereunder shall continue in full force and effect even if the Developer sells one or more lots in the Plat, the Land, or any part of it. Upon request, the City shall provide, in recordable form, a release of any lot in the Plat from this Development Contract if the City determines that the terms and conditions of this Contract have been satisfied. J. Developer shall be responsible for all snow removal from vacant lots to the extent that City Ordinance requires snow removal. Developer shall be responsible for ensuring that all vacant lots comply with the City's Code regarding nuisances. K. Retaining walls that require a building permit shall be constructed in accordance with plans and specifications prepared by a structural or geotechnical engineer licensed by the State of Minnesota. Following construction, a certification signed by the design engineer shall be filed with the City Engineer evidencing that the retaining wall was constructed in accordance with the approved plans and specifications. All retaining walls required to be constructed by the Plans, or special conditions referred to in this Contract, shall be constructed before any Certificate of Occupancy is issued for a lot on which a retaining wall is required to be built. L. Developer shall take out and maintain or cause to be taken out and maintained until six (6) months after the City has accepted the public improvements, commercial general liability and property damage insurance covering personal injury, including death, and 15 202141v4 claims for property damage which may arise out of Developer's work or the work of its subcontractors or by one directly or indirectly employed by any of them. Limits for bodily injury and death shall be not less than $500,000 for one person and $1,000,000 for each occurrence; limits for property damage shall be not less than $200,000 for each occurrence; or a combination single limit policy of $1,000,000 or more. The City shall be named as an additional insured on the policy on a primary and noncontributory basis, and the Developer shall file with the City a certificate evidencing coverage prior to the City signing the plat. The certificate shall provide that the City must be given ten (10) days advance written notice of the cancellation of the insurance. 30. NOTICES. Required notices to the Developer shall be in writing, and shall be either hand delivered to the Developer, its employees or agents, or mailed to the Developer by certified mail at the following addresses: Willow Bay Sanctuary, LLC, Attention: S. Andrea Larson, 690 Brown Road N, Orono, MN. 55356, and Eric Larson, 983 Nine Mile Cove East, Hopkins, MN. 55343. After October 1, 2019, notices to be mailed to the 690 Brown Road address shall be mailed to 1925 Lakeside Trail, Orono, MN due to the address change as part of the subdivision. Notices to the City shall be in writing and shall be either hand delivered to the City Administrator, or mailed to the City by certified mail in care of the City Administrator at the following address: Orono City Hall, 2750 Kelley Parkway, Orono, Minnesota 55356. Either party may change the address to which notices to such party thereafter shall be given, by providing to the other party notice of such change. [Remainder of Page Intentionally Left Blank.] 16 202141v4 CITY: CITY OF ORONO wo (SEAL) STATE OF MINNESOTA ) ( ss. COUNTY OF HENNEPIN ) Dennis Walsh, Mayor Anna Carlson, City Clerk The foregoing instrument was acknowledged before me this day of , 2019 by Dennis Walsh and by Anna Carlson, respectively the Mayor and City Clerk of the City of Orono, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. Notary Public 17 202141v4 DEVELOPER/OWNER: WILLOW BAY SANCTUARY, LLC And STATE OF MINNESOTA ) ( ss. COUNTY OF HENNEPIN ) [print name] Its [title] Its title] name] The foregoing instrument was acknowledged before me this day of , 2019, by and , respectively, the and of Willow Bay Sanctuary, LLC, a Minnesota limited liability company, on behalf of the entity. Notary Public DRAFTED BY: CAMPBELL KNUTSON Professional Association Grand Oak Office Center I 860 Blue Gentian Road, Suite 290 Eagan, MN 55121 Telephone: (651) 452-5000 ABS 18 20214lv4 EXHIBIT A Outlot A, Willow Bay Sanctuary, Hennepin County, Minnesota. Lots 1, 2, 3, 4, 5, 6, 7, Block 1, Willow Bay Sanctuary, Hennepin County, Minnesota. 19 202141v4 MORTGAGE HOLDER CONSENT AND SUBORDINATION TO DEVELOPMENT CONTRACT BRIDGEWATER BANK, a Minnesota banking corporation, the holder of a mortgage dated August , 2019, filed for record with the Hennepin County Recorder of Deeds on 2019, as Document No. , hereby consents to the recording of the attached Development Contract for Willow Bay Sanctuary and agrees that its rights in the property affected by the Development Contract shall be subordinated thereto, and that the Development Contract shall remain in full force and effect even if it forecloses on its mortgage. IN WITNESS WHEREOF, Bridgewater Bank, a Minnesota banking corporation, has caused this Consent and Subordination to be executed this day of , 2019. BRIDGEWATER BANK a Minnesota banking corporation [print name] Its [title] STATE OF MINNESOTA ) )ss. COUNTY OF ) The foregoing instrument was acknowledged before me this 2019, by , the Bank, a Minnesota banking corporation, on behalf of the entity. Notary Public DRAFTED BY: CAMPBELL KNUTsoN Professional Association Grand Oak Office Center I 860 Blue Gentian Road, Suite 290 Eagan, Minnesota 55121 651-452-5000 ABS 20 20214lv4 day of of Bridgewater IRREVOCABLE LETTER OF CREDIT No. _ Date: TO: City of Orono 2750 Kelley Parkway Orono, Minnesota 55356 Dear Sir or Madam: We hereby issue, for the account of and in your favor, our Irrevocable Letter of Credit in the amount of $ available to you by your draft drawn on sight on the undersigned bank. The draft must: a) Bear the clause, "Drawn under Letter of Credit No. , dated 12 of Name of Bank, b) Be accompanied by an affidavit signed by the Mayor or City Administrator of the City of Orono certifying that is in default of the Development Contract with the City of Orono and that five (5) business days prior written notice has been given by the City to the Developer with respect to the existence of such default, and such default has not been cured. c) Be presented for payment at (Address of Bank), on or before 4:00 p.m. on November 30, 2 This Letter of Credit shall automatically renew for successive one-year terms unless, at least forty-five (45) days prior to the next annual renewal date (which shall be November 30 of each year), the Bank delivers written notice to the Orono City Administrator that it intends to modify the terms of, or cancel, this Letter of Credit. Written notice is effective if sent by certified mail, postage prepaid, and deposited in the U.S. Mail, at least forty-five (45) days prior to the next annual renewal date addressed as follows: Orono City Administrator, Orono City Hall, 2750 Kelley Parkway, Orono, Minnesota 55356, and is actually received by the City Administrator at least thirty (30) days prior to the renewal date. This Letter of Credit sets forth in full our understanding which shall not in any way be modified, amended, amplified, or limited by reference to any document, instrument, or agreement, whether or not referred to herein. This Letter of Credit is not assignable. This is not a Notation Letter of Credit. More than one draw may be made under this Letter of Credit. This Letter of Credit shall be governed by the most recent revision of the Uniform Customs and Practice for Documentary Credits, International Chamber of Commerce Publication No. 600. This agreement shall be construed and interpreted under Minnesota Law. We hereby agree that a draft drawn under and in compliance with this Letter of Credit shall be duly honored upon presentation. IBM Its 21 202141v4 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 6989 A RESOLUTION APPROVING A PRELIMINARY PLAT FOR WILLOW BAY SANTUCARY FILE NO. LA19-000022 WHEREAS, on March 16, 2019, Eric Larson and Andrea Larson, unmarried persons ("Applicant[s]"), applied for a preliminary plat for the property legally described in Exhibit A, (hereinafter the "Property"); WHEREAS, on April 15, 2019, after published and mailed notice in accordance with Minnesota Statutes and the City Code, the Planning Commission held a public hearing, at which time all persons desiring to be heard concerning this application were given the opportunity to speak thereon; and WHEREAS, on April 15, 2019, the Planning Commission recommended approval of the preliminary plat; and WHEREAS, on May 13, 2019, 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 preliminary plat as described above based on one or more of the following findings of fact concerning the Property: FINDINGS OF FACT: 1. This application was reviewed as Zoning File #LA19-000022. 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-lA Zoning District. 3. The property is guided for Low Density Residential in the 2030 Community Management Plan and in the draft 2040 Comprehensive Plan. CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 6989 4. The Property contains 23.72 acres in area and has a defined lot width of over 564 feet on Long Lake and over 580 feet of frontage on Brown Road. 5. The property will be served by municipal sanitary sewer and water. 6. The Property is within Tier 1 and hardcover is limited to 25% according to the Stormwater Quality Overlay District. 7. The parcel will be subdivided into 7 buildable lots and platted right of way. All lots conform to the size and width requirements of the city code. 8. The Developer has prepared grading plans to manage stormwater on site without negatively impacting adjacent parcels. 9. Access to the property is via the existing Brown Road North, a public street. 10. The Parks, Trails and Open Space element of the Orono Community Management Plan (CMP) has no current plans for parks that specifically require dedication of park land from this property. 11. The developer has submitted a Conservation Design Report and Master Plan prepared by Kjohlaug Environmental Services Company dated March 28, 2019 that inventories and describes in detail the environmental features of the site, defining what natural values of the site should be preserved or enhanced and how that should occur. CONCLUSIONS, ORDER AND CONDITIONS: Based upon one or more of the above findings, the Orono City Council hereby grants preliminary plat approval to allow the subdivision of the property into 7 lots, as depicted on the plans dated April 3, 2019 prepared by Gronberg and Associates, attached as Exhibit B, subject to the following conditions: A. Project Specific Conditions 1. The applicable general engineering comments and or conditions provided by City Engineer dated April 8, 2018 attached hereto as Exhibit C shall be suitably addressed by applicant in the development plan submittal. CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 6 9_8 9 2. Easements shall be provided as required by the City Engineer. 3. Significant trees shall be preserved to the extent possible and as shown on the landscaping plans. 4. Upon evidence of pre -settlement history, the developer will contact the city and the State Historical Preservation Office prior to proceeding. 5. The following estimated fees are due at the time of final plat unless otherwise noted. These fees are based on the 2019 Fee schedule and the fee schedule in effect at the time of Final Plat approval will govern. a. Stormwater and Drainage Trunk: The property will be subject to the Stormwater and Drainage Trunk Fee (SW&DT Fee) of $48,420.00 (Number of new lots (6) times per lot amount ($8,060). b. Sewer: The costs to construct the Sewer system within the site will be the developers responsibility. The Metropolitan Council SAC charge which is currently $2,485 per dwelling unit will be due at the time of building permit for each lot. The City's sewer charge is $5,225.00 per lot, or $36,575.00. c. Water: The costs to construct the water system will be the developers responsibility. The City's water charge is $29,680.00 ($4,240 per dwelling unit). d. Park dedication: $33,300 ($5,550 x 6 new lots). B. General conditions imposed on preliminary plats shall apply, and are as follow: 1. Appropriate traffic control signage within and pertinent to the site shall be installed by the Developer subject to the City Engineer's review and approval. 2. Applicant shall demonstrate to the satisfaction of the City Council that all requirements of the Minnehaha Creek Watershed District as administrator of the WCA regulations on Orono's behalf, are complied with. 3. Erosion control shall adhere to "Best Management Practices for Protecting Water Quality in Urban Areas" and to the approved SWPPP. All erosion controls as 3 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 6989 required by the City and the MCWD shall be in place prior to commencing grading and excavation on the site. All such erosion control measures shall be maintained in working order until the site is vegetated and stabilized. 4. The construction limits shall be clearly marked with adequate fencing to prevent any construction damage or disturbance of any trees and vegetation outside of the construction limits area. Developer shall identify trees to be preserved on site, shall mark them on a site plan, and shall take extraordinary measures such as fencing, signage, etc. to ensure they are not disturbed. 5. This approval is based upon the known issues that may affect this project, but this approval does not limit the City from revising or amending these conditions as the review process continues. 6. Council approval is based on the entire record, above Findings. 7. Any amendments to the plans which are not in conformity with City codes may require further Planning Commission and City Council review. 8. Authorities granted by this resolution run with the Property not with the Applicants, but are permissive only and must be exercised by filing a final Plat application within one year of the date of Council approval, or the preliminary plat will expire on that date (May 13, 2020). 9. 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. C. Plans and Specifications. The following plans and specifications shall be submitted for review and approval by the City and other appropriate jurisdictions: 1) Final plans and specifications for all proposed utility lines and services, including any proposed revisions to existing service facilities. Proposed plans shall be provided to the City for final review and approval with the Final Plan set. The Public Works Department and any other pertinent reviewing agencies shall review and approve all utility improvements. Final sanitary sewer and watermain plans shall be provided and are subject to approval by the Public Works Department and City Engineer. 2) Final Street and Storm Sewer Plans. CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 6989 3) Final Grading, Drainage and Erosion Control Plan and SWPPP showing existing and proposed contours, building locations, elevations, stormwater facilities and calculations, utilities and erosion control measures to be used during construction. General Development Plan Approval will not be granted until the Minnehaha Creek Watershed District has approved the stormwater plans. 4) Landscaping plan to reflect a more natural pattern of replacement trees, versus a lineal replacement pattern along the new road. 5) Any additional plans and specifications deemed necessary by the City as review progresses. D. Platting Process. Applicant shall complete all requirements for Final Plat Approval as follows. The following list of final submittals must be submitted to the City Administrator 2 weeks prior to the regularly scheduled Council meeting on the second Mondays of the month. These submittals are as follows: 1). Record plat drawings in the form of two (3) mylar copies (one copy for the City's records and one for filing with Hennepin County) and one (1) copy reduced to 1" _ 200'. Drawing to include: A. Lot lines platted per preliminary plat survey/drawing by Gronberg and Associates dated April 3, 2019 attached hereto as Exhibit B, except as modified herein. B. Dedication of "drainage and utility easements" 10' along exterior property lines and 5' along the interior property lines. C. Dedication of "Drainage Easements" over all drainageways. D. Name of plat. 2). Legal documents required: A. Title opinion addressed to the City or a title insurance policy in favor of the City. All owners, mortgage holders or others with property interest indicated therein shall sign the plat and all other documents affected by such interest. CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. -6-9 8 9 B. The applicant must provide certified copies of all recorded easements currently affecting the property. C. Signed Developers Agreement and Letter of Credit for construction of improvements. The City Engineer shall establish the amount to be provided in the Letter of Credit. D. One original copy of any private covenant, homeowners' association agreement or other private restriction intended to be filed in the chain of title of the property at the time the final plat or survey is recorded. 3). Fees required: Application fee, Park dedication, Stormwater and Drainage Trunk enumerated above. E. Development Agreement. Development Approval is contingent upon the successful execution of a Development Agreement between the applicant and the City. Such Agreement shall address all specific City requirements for the development. F. Financial Guarantee. The Development Agreement shall include a financial guarantee by the applicant to ensure the completion of site improvements. The City Engineer shall complete an estimate of improvement costs, including but not limited to streets, curb & gutter, sanitary sewers, landscaping, grading, erosion control, utilities, and stormwater management facility construction, and the applicant shall provide to the City a financial guarantee of 150% of the improvement costs. ADOPTED by the Orono City Council on this 13th day of May, 2019. AT 1'E, T: Anna Carlson, City Clerk 6 CITY OF ORONO: Dermis Walsh, Mayor CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 6989 Exhibit A Legal Description Parcel 1: That part of Government Lot 1, Section 34, Township 118, Range 23, described as follows: Commencing at a point 799 feet east and 133 feet south of the Northwest corner of said Lot 1; thence West 799 feet to west line of said Lot 1; thence South 1037.7 feet; thence at right angles east to the shore of Long Lake; thence northeasterly along lake -shore to a point which bears South 54 degrees 20 minutes East from the point of beginning; thence North 54 degrees 20 minutes West 1017 feet, more or less to the point of beginning, according to the United States Government Survey thereof, except that part of said tract described as follows: Commencing at the northwest corner of the Northwest Quarter of the Northeast Quarter of said Section 34; thence southerly along the westerly line thereof a distance of 133 feet to the point of actual beginning; thence southerly along said westerly line a distance of 598.70 feet; thence deflect 90 degrees 00 minutes to the left a distance of 344.14 feet; thence deflect 90 degrees 00 minutes to the left a distance of 572.95 feet; to the southerly line of R. L. S. No. 1275; thence westerly along said line a distance of 345.10 feet to the point of beginning. Parcel 2: That part of the Northwest Quarter of the Northeast Quarter of Section 34, Township 118 North, Range 23 West described as follows: Commencing at the northwest corner of said Northwest Quarter of the Northeast Quarter; thence southerly along the westerly line thereof a distance of 591.70 feet to the actual point of beginning of land to be described; thence continuing southerly along said westerly line a distance of 140.00 feet; thence deflect to the left 90 degrees 00 minutes a distance of 344.14 feet; thence deflect to the left 90 degrees 00 minutes a distance of 140.00 feet; thence deflect to the left 90 degrees 00 minutes a distance of 344.14 feet to the point of beginning, Hennepin County, Minnesota. CITY OF ORONO RESOLUTION OF THE CITY COUNCIL y� NO. 69 8 9 SHO Exhibit B Preliminary Plat • WILLOW BAY SANCTUARY TITLE PAGE VICINITY SKETCH TABLE OF CONTENTS 1. TITLE PAGE 2. PRELIMINARY PLAT 3. EXISTING CONDITIONS 4. PRELIMINARY GRADING PLAN 5 PRELIMINARY EROSION CONTROL AND SWPPP PLAN 6. PRELIMINARY ROAD PLAN AND PROFILE 7. PRELIMINARY UTILITY PLAN L' zw Lu Q g Y 000 c/)>Z Q p W � K So W w O m�J Zz3 0°'i WILLOW BAY SANCTUARY PRELIMINARY PLAT r r'Lls, scHUTz_ ypoT. M M L S S7'41'E 453. 3�� 9t, \ `� \ \ � t / �" I � / . �•� I �� \� / \ JI I 541+ AC '2015t,el 41 I 416-AC//O /O� • t'���L�7. � d! �_�a�a++'+�•J �� ��/` � d.k I I'se fig,. -� ��I �////ill/lµ11 ��.,/��% �, ✓/ �j �� /meq/Fr l � �'v � -� � E(3+ Af5- - AGS A x.01 '\ I IZ511�a. Ns N O r K l / a ri ��/F/ri 1,i4ii��� q�II �'Lp'4ry YN`GN pMEN �K� / Pa � 1171�t�t l%ill 0 100 200 400 f•r.r.I.u. �� I SCALE IN FEET TREE PROTECTION AREA ma LEGAL DESCRIPTION OF PREMISES Parcel 1'. Thal id of Gevemment Lo11, S-11 34 TI—hp 118 Range 23described es Al.—. Commencrtg ala pont 199 feete d1331etsauthoflhe Northweslcornelpf sad Lot 1' thence Well 799 feet t, west III f ildid L t 1' thS— 1031.1 feet, thence n ht an les east to the shore of Lan Lak 9 U M t k h 1 'nt wtt c�be20 South 54 degrees 20 mnueeE Ifr M p l lig 9g', Ih N,the tlegre 20 t West 10111eet more 1 th pont fd Un tetl Slat G menl Survey Mereol, ptM Ip RIf dg t0 1b d gt Ilth C111 111119 It the Mwesl corner of Ne N Rh Iq ode of the N h tQ R "Ted Seclo 34 N therly along the west dyl thee,f d' 1 f133feet t the po,,t of ,t,.l peg P g, —I S,Ohedy along lid —Dirly I- III f 598 ]D feet, N ce deflect 90 de,,le, 00 m -notes to Ue eft a d f 344.14 feet, th tl A t 90 degrees DO m n N fl d hence of 512.95 feet theh ly I R. L S. N 1215 thence waste y g -tl ne a tlstance 1134510feel t Di p t fb g g Parcel 2'. TM1 tpart of the NORhwesl quaR N N rN 1Q IS tion 34 e, f—'p 1I—iitC nge 2f the Nonhedbedasloll C ng,,gthe—test 1,Pe thofsad NORhwesl quarter If the NORheast Quarte t th ly along the telly I, thereof a ii— 1591.)01 tt th t p— lofbg g tl tlto belt -be th ft Dc0n5nu ng ii—0y.1 g d st dy tl h 1140.OD I t' tltence tleflecl to the left 90 tlegre 00 t d U f 344 1 feet N __ fl t to the left g0 degrees 00 m nates east11, f140.00feet th tl fl d the left � Ig s Do PP.-adslance of 344.14 het I. he Conl If begn n9Hennpn County, MPI, esota • tlendles iron —li, found sa4 - denotes existing contour line, per -1, maps B—e-Gl shown ere bleed upon the Hennepin County coordinate Oasis. z0wN0s 11 1BR1vm 11111. '0— F' 21 1. ❑ WoEY Q5x° 0o(D hoz � z Ngo 08 �50� W w O Y co O Z a. x 'v a WILLOW BAY SANCTUARY EXISITING CONDITIONS AND TREE INVENTORY AT sc"/ Ut I T A N,89'2v - 'y �-o Nq 7P`GHo MEN, A, 1 s 77 —H, --CARRE P& 'w. F.. 00 0 100 200 400 ADDRESS 1% 110— ROAD N, �' . '.'TN�.' -'A Tour. -1411 AC. SCALE IN FEET T—DR—NAD' TREEINV NTORY '�l EL�MA �T M. 12 El. I -- F31 z en z Lu oo Inz 5 'o .6 -z 2: o LU z z 0 z 0 WILLOW BAY SANCTUARY PRELIMINARY GRADING PLAN ,, U --veo--- : EXISTING CONTOUR Iii —s[e�e PROPOSED CONTOUR�-\ Fes– z w h� 9734 PROPOSED SPOT ELEVATION �7 _ v� �V y�� � / rt962 Q 5 J . NOTE. HOUSE PAD GRADES SHOWN 1 \` �\ f" ' g w "��- – -�` /� O o o FOR REFERENCE ONLY. PADS TO BE CONTRUCTED LATER WHEN HOUSESW ARE CONSTRUCTED,oo 1II � \LLJ 0 40 80 160 i / l / gP /� ✓ �/ si Z z f tiF o X 30, 5�� jr � 1_ � of > SCALE IN FEET �I/� �' i i i 500 i i I `50 –�- r —V I / mzo �� li 30 •/ / �' �n' i i /� / -7C, rea �qn- py I II _ - 33 53 I � —_ u/~ o 1, V�I iN .�1>1 Z 1Q I� 1/ �/ l rF➢OEOFO A 1 I y q, \ L;ii / M / /5 IMnunOE]I' \\ TATO r a, , ` i _/ 1 d, ,,,w- / fR�. & i 3 0 .LIN i NDpT .�2 � 1 � I r �–_--� �' � I i r i /E'H / �`9�4 � x zro "cc'm00 .Y f �.20'� i r 1 �i / -I. ,�o 7 // /j //408+_ 611 I,433 2 _ �._ / / (IV rt 1 30 BUFFERV FE o9IF I 1 _ via a O � o,dl WILLOW BAY SANCTUARY PRELIMINARY EROSION CONTROL AND SWPP PLAN 0 100 200 400 SCALE IN FEET W. VIN" slkTwl. M wqF M'7 B�Fl- A�- IIAIFW M��XI�—' --�--�Zg " WILLOW BAY COURT 1Rocoseo ,EAE r �� -VC 50 epz ( I... ELEVI=9776 —t M<37 }_..._.. M=2201D}j t FVIc0L - 98 VC 1313.1j EL EW' 968 0 --r 1� .. 6.88 Jnr - _ { , _VMC...50 \ ! O M - - - 970 � � .. ...... ' - _ T a —L _ 960_ } i I I � I- I l i 1 � �—�— i I i i 0 $ 1 2 3 4 5 6 7 8 9 Y 10 im ut z -_ w Lu z - _ U 000 y>o 1 ao>' X50 i J z i- Z 0 a WILLOW BAY COURT 1Rocoseo ,EAE r �� -VC 50 epz ( I... ELEVI=9776 —t M<37 }_..._.. M=2201D}j t FVIc0L - 98 VC 1313.1j EL EW' 968 0 --r 1� .. 6.88 Jnr - _ { , _VMC...50 \ ! O M - - - 970 � � .. ...... ' - _ T a —L _ 960_ } i I I � I- I l i 1 � �—�— i I i i 0 $ 1 2 3 4 5 6 7 8 9 Y 10 im ut WILLOW BAY SANCTUARY 1000 z w _-; d W f 4 —.— Q 5 ,--t-__._ _ __ �I En z 1000 � ww z wiz O I l t 1 ......_ T-1-- T 9 g... Q.. P. �{ ..... T - —1 Q7Q 960 -- —�-- al — " .... — • — -- — — -- -- 960_ -- 1 0 1 2 3 4 5 6 7 8 9 10 -/--- / ---__— �€ai IB z w _-; d W f 4 Q 5 ---------- - a En z ww i z wiz O -/--- / ---__— �€ai IB GHILTON STONE EDGING WITH �GEDAR MULCH 0 BOULDER' OUTGROPPINGS/WALL rul ENTRYWAY PROPOSED SIGN LOCATION cc 0 LEGEND OTY coi-MSN NAW FLOWER, PERENMAL 22 3R NEPATA, WALKERS LOW 25 49 GRA55, FEATHER REED SNUB, DECIDUOUS II n HYDRANGEA, LIMELIGHT 6 0 LILAC, DWARF KOREAN BROWN ROAD NORTH TREE, DEGDUOUS 6 Q 5RG,4 CLN1', HERITAGE PoVER TREE, EVERGREEN 6 5P5a)CE_,_BLACK HILLS Revision #: Scale:Z_�il+lam- Landscape Plan: 1 Landscape Design by: Juli Neubarth Date: 3/4/2019 1/8" = 1' �',�� Willow Bay Sanctuary Entrance Backyard Reflections, Inc Revision #: Landscape Plan: 1 Date: 2/28/2019 Willow Bay Sanctuary Scale: Landscape Design b : Juli Neubarth P 9 Y 1 1:500 ~��' = Backyard Reflections, Inc AGENDA ITEM Item No.: 11 Date: August 12, 2019 Item Description: LAI 8-000038 — James and Mary Jundt, 1400 Brackets Point Road, Development Agreement Amendment Approval Presenter: Jeremy Barnhart, Community Agenda Consent Agenda Development Director Section: 1. Purpose. This item is to consider an amendment to the Development Agreement regarding the completion of the street. 2. Background/ Summary. The City Council approved the Final Plat and Development Agreement for the subdivision at 1400 Brackets Point Road known as Southways on June 11, 2018. Included within the provisions of the Development Agreement is a requirement that "the final wear course on streets shall be installed between August 15'x' and September 15'' the first summer after the base layer of asphalt has been in place one freeze that cycle." This is found in Paragraph 12, Time of Performance. Due to the timing of a major earth moving project approved at 1400 Bracketts Point Road, the developer requests an extension to November 15, 2019. This request is in part to preserve the wear course from the heavy truck traffic. The Applicant's request is attached as Exhibit A. The developer desires to install the final lift of asphalt this fall, to avoid snow maintenance over the winter. 3. Staff Recommendation. Staff recommends approval of the amendment, subject to a condition: a. City Engineer reserves the right to refuse the wear course should weather conditions at the time of installation warrant. COUNCIL ACTION REQUESTED Staff Recommendation: Motion to approve the amendment with the following condition: a. City Engineer reserves the right to refuse the wear course should weather conditions at the time of installation warrant. Exhibits Exhibit A. Applicant's request Reference Development Agreement Prepared By: J. Barnhart Reviewed By: -Sb)R Approved By: -1)a 2 3 REQUESTED MODIFICATIONS TO DEVELOPMENT CONTRACT SOUTHWAYS PROJECT NO. 18-3998 Background- The development contract was approved June 11, 2018 as part of the Southways Final Plat City Council action. Subsequent to that approval the Orono City Council also approved the construction of a new home at 1400 Bracketts Point Road on Lot 5 of the approved subdivision. The development work is nearing completion as of the end of July with only landscaping (boulevard trees, east and west side of the new roadway) and the wear course plus the as -built plans remaining. In parallel, the new home construction, after the demolition of the previous residence, is well underway with construction activity all along the property line and three separate entrances. The new home excavation will require about 11,000+ cubic yards of export over a 2-3 week period starting in September (this start date is best case). This equates to 750-800 dump truck loads of dirt to be removed along the new roadway. The City has also recently approved a mill and overlay project for the 800+ feet of old entry roadway that ties into the new roadway recently built. The DA requires the wear course to be applied between 8/15 and 9/15 after one freeze/thaw cycle. It makes no sense to apply the wear course and overlay and then immediately subject the surface and edges to this volume/type of heavy truck traffic. The plan for the remaining landscape efforts is to plant the west side of the new roadway with the boulevard trees as soon as possible and then plant the east side after the export activity is completed, weather permitting. It is requested that the time period to apply the wear course be revised and extended to November 15, 2019, subject to favorable weather conditions. AGENDA ITEM Item No.: 12 Date: August 12, 2019 Item Description: LAI 9-000050 —Paul Vogstrom o/b/o Eric Vogstrom, 2710 Pence Lane, Variances — Resolution Presenter: Melanie Curtis Agenda Consent Agenda Planner Section: 1. Purpose. This application is regarding a variance for retaining walls in the lake yard. 2. MN§15.99 Application Deadline. The application was received on June 19, 2019, and considered to be complete on July 3rd. Therefore the 60 -Day review period expires on September 1, 2019. Background/ Summary. There is a new home under construction on the property. The property owner is proposing to construct set -in -grade lake/dock access stairs. The stairs require some minimal retaining walls due to the slope of the lake yard; the walls begin approximately 13 feet from the ordinary high water level. The stairs are a permitted lake setback encroachment for this sloped lakeshore lot, however the retaining walls are not. A 75 -foot lake setback variance is required. 4. Planning Commission Vote and Comment. On July 15, 2019, the Planning Commission held a public hearing. Following the public hearing the Planning Commission voted 6 to 0 in favor of a motion to approve the requested variance for the walls in c 5. Public Comment. Comments from the neighbors were received and are attached as Exhibit D. The draft PC minutes attached as Exhibit C also contain testimony from a neighbor. 6. Staff Recommendation. Staff recommends approval with the condition that the applicant provides a landscape plan to screen the walls with the building permit, to offset the visual impact from the lake. COUNCIL ACTION REQUESTED Motion to adopt or amend the approval resolution. Exhibits A. Draft Resolution B. Proposed Plans C. Draft PC Minutes D. Public Comment E. PC Staff Report References PC Exhibits 07/15/19 Exhibit A. Application Summary & Narrative Exhibit B. Practical Difficulties Documentation Form Exhibit C. Proposed Survey Exhibit D. Proposed Stair Plan and Cross Section Exhibit E. Submitted Hardcover Calculations Exhibit F. Neighbor Comments Exhibit G. Property Owners List Exhibit H. Plat Map Prepared By: YY1GG Reviewed By: J. Barnhart Approved By: 5ln.. F CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. A RESOLUTION APPROVING A VARIANCE FROM MUNICIPAL ZONING CODE SECTION 78-1279 FILE NO. LA19-000050 WHEREAS, on June 19, 2019, Eric Vogstrom, the owner of the property (hereinafter the "Applicant"), applied for a variance from the City Code for the property addressed 2710 Pence Lane, and legally described as: Lot 2, Block 1, Pence Lane Addition, 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 78-1279 to allow retaining walls within the 75 - foot lake yard in conjunction with construction of a lake access stair; and WHEREAS, on July 15, 2019, 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 July 15, 2019, the Planning Commission recommended approval of the variance; and WHEREAS, on August 12, 2019, the City Council reviewed the application and the recommendations of the Planning Commission and City staff; and NOW, THEREFORE, BE IT RESOLVED that the City Council of Orono, Minnesota hereby approves the requested variance as described above based on one or more of the following findings of fact concerning the Property: FINDINGS OF FACT: 1. This application was reviewed as Zoning File #LA19-000050. The analysis contained within staff memos and the exhibits attached to the aforesaid memos, all minutes from the above mentioned meetings, and any and all other materials distributed at these meetings are hereby incorporated by reference. CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 2. The Property is located in the LR -1 B One Family Lakeshore Zoning District. 3. The Property contains 1.47 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: a. Lake Setback Variance 6. In considering this application for variance, the Council has considered the advice and recommendation of the Planning Commission and the effect of the proposed variance upon the health, safety and welfare of the community, existing and anticipated traffic conditions, light and air, danger of fire, risk to the public safety, and the effect on values of property in the surrounding area. ANALYSIS: 1. "Variances shall only be permitted when they are in harmony with the general purposes and intent of the ordinance ...." The intent of the lake yard setback is to preserve the natural lakeshore and not permit structure or hardcover in this area. Retaining walls help minimum the visually impact of the stairs, which are permitted by ordinance. 2. "Variances shall only be permitted . . . when the variances are consistent with the comprehensive plan." The requested variance is consistent with the residential goals within 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 use of the Property remains residential. The proposed improvements are residential in nature, and reasonable from a residential scope. b. The plight of the landowner is due to circumstances unique to his property not created by the landowner. CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. The proposed lake access stair and retaining walls do not result in hardcover exceeding 25% for the Property and the walls are excluded from the calculation total. The slope of the lakeshore requires stairs for dock and lake access; c. The variance, if granted, will not alter the essential character of the locality. " The variance to permit construction of the walls to support the stairs within the 75 - foot setback will be less visible and more functional than an above grade stair. The retaining walls will not change character of the locality. 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 retaining walls are an allowed use in the LR - 1 B 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 of the Property increases as it moves away from the lake and the proposed stair improvement is necessary for access to the lake. It is reasonable to permit the type of stair the owner has proposed in addition to the retaining walls to support such stair system. The retaining walls will not adversely impact adjacent properties. 9. "The conditions do not apply generally to other land or structures in the district in which the land is located." The applicant's proposal does not appear to be out of character with the area. The walls will not encroach nearer to the lake than the stair and can be screened from view from the lake. 10. "The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant." Granting a lake setback variance and to allow the construction of the retaining wall supported stair system within the 75 -foot lake setback is reasonable and necessary to preserve the property rights of the owner. CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 11. "The granting of the proposed variance will not in any way impair health, safety, comfort or morals, or in any other respect be contrary to the intent of this chapter." Granting the lake setback variance allowing the retaining walls within the 75 -foot setback will not adversely impact health, safety, comfort or morals, or be contrary to the ordinances. 12. "The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty." The applicant has provided demonstration of the practical difficulties which support granting the lake setback to permit the construction of retaining walls within 75 feet of the OHWL. 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 retaining walls within the lake yard, subject to the following conditions: 1. Council approval is based on the entire record, above Findings. 2. The approved project shall conform to the survey and plan dated 06/18/19 and building plans submitted by the Applicants and annotated by City staff, attached to this Resolution as Exhibits A & B. 3. The Applicant shall submit an acceptable landscape plan which provides screening of the retaining walls when viewed from the lake with the building permit application. 4. Any amendments to the plans which are not in conformity with City codes may require further Planning Commission and City Council review. 5. Authorities granted by this resolution run with the Property not with the Applicants, but are permissive only and must be exercised by obtaining a building permit for the new construction and commencing construction of said project. A framing inspection must be completed within one year of the date of Council approval, or the variance will expire on that date (August 12, 2020). CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 6. Violation of or non-compliance with any of the terms and conditions of this resolution may result in the termination of any authority granted herein. ADOPTED by the Orono City Council on this 12th day of August, 2019. ATTEST: CITY OF ORONO: Anna Carlson, City Clerk Dennis Walsh, Mayor CERTIFICATE OF SURVEY FOR ERIC VOGSTROM OF LOT 2, BLOCK 1, PENCE LANE ADDITION HENNEPIN COUNTY, MINNESOTA / / / OtiTILOT A / I / ! I 0 30 60 120/ ) I/ 89°06'06" E ,r---- --- -- 3 SCALE IN FEET >o .......... . N f i """'---5 89°0610611 E 119.91 io _----------- - --------- PROPOSED ELEVATIONS (per builder, verify) 1) Garage ' 2) Tap of foundation = 949.97 3) Main floor 4) 8asemenl I � LEGAL DESCRITION OF PREMISES Lot 2, Olock 1, PENCE LANE ADDITION I o denotes iron marker Set ORAINAGEAND UNLITY EASEMENT : denotes iron marker found (9063): denotes existing spot elevation, mean sea level datum 910.8 : denotes proposed spot elevation % 4 0 --91>--: denotes existing contour line, per county mops / I ---L_r--. denotes proposed contour line r, Bearings shown are based upon 'an assumed datum. This s— y intends to how the boundaries of the bave described property, the _ -� 4 // J_ „-- location of an existing drivewaoy, to remain existing topography, per our ty aps, _-�- -- / ! /I and the proposed location of proposed house, stairway, drivewa' and grades _ / %� / 1 . NWCORNER OF thereon. It does not purport to how any other encroa hments o improvements. _- --- �/ ; / / s+ ------ / / / RLS NO. 310 / P / - - - - - - — / aa. EnsEUExr d ; eel rso.T uuMcx - ' -..... aav xsioxrs _------_ _---- - � g �\ \ //LOT 2� 0 \ EXISTING \ HOUSE \ #2709 i --- -------------- - -- 7 \ / s9roasFo`- ! N 88°84' 17" W 146.30.--P- ." ��� I \ 111 \ 1 \ by yf II 111111 11 \\ !/' PROPOSED,G% HOUS 1 I 1 /2710 » b a, (A) �, c I li ��. ami 1 t"•° 0(, y%( 1 v 1 1111 III 1 ib �' ` EXISTING 11111 0�' i 1 _HOUSE og 1+ PAM ba LAKE .� MINNETONKA ,M CARMAN'S BAY/OLD CHANNEL BAY \\ —' els.1 ekwTi_I _-_ be be I heresy eedvr that this pan, mPaalraa<mn. ar .,,t PROJECT GRONBERG & ASSOCIATES, INC. e by me, or Y direct supervision, and In. I am a .1, Licensee Land Surveyor antler the t0-18-18 CIVIL ENGINNERS, LAND SURVEYORS, LAND PLANNERS I— of the State of Minnesota. NORTH WILLOW DRIVE LONG LAKE, MN 55356 Mark 5. CroMer Minn sato License N er 12755 1»55 952-473-4141 I I Z o Or r) LLQ OQ h J W0 N �nWr� Q�ZV) Nz e° / F—�^Q IJ J VL',O LLQ W ZZ L U�l 11 a¢LLJ w n F— of C) Z / i Q y OZ / (j Oo"'� �o > y I mm jw � � V 0 U Z \ / 33 /���/N 33�/a ' / N / E" 0 U / 0 � 0 r 1ZJ.� ti 4 I� ~m I30�I3i3 W 1--� m ., 0�Z iNw a--- W�= n n o o w 0 J h h PN / Q' Z V N ^° lI l l / l / Z0 1� NZ N l I l l l l l l l / Q U i... ...i....i....... ... .t..................... a o� i M N� �.' J a UJ m. � Wp. V W zF f24 E- W W31 xYa • I N ✓. " Op Zmow' 1�0 zx .'.....:.... C\2 M; 10z < Z: Irl�l• �N :�:.\:;1. .;;`/••, �p1W � tElf� 0�> .i v0 oo � II II a aL r C T c� .. t ° - ....:... ...y ....:...... ...... .......... ... ......y.....N ♦♦ , O J � C Ty � .; s E ° 0): E N :rn; rn Imo. Ta ° 5 o:5 , ° w �............. E. O - ................>.................. o TyL VI �4 �ovs O E co co I Z M w 0 r N ao ^ mo W CERTIFICATE OF SURVEY FOR ERIC VOGSTROM OF LOT 2, BLOCK 1, PENCE LANE ADDITION HENNEPIN COUNTY, MINNESOTA / / / OtiTILOT A / I / ! I 0 30 60 120/ ) I/ 89°06'06" E ,r---- --- -- 3 SCALE IN FEET >o .......... . N f i """'---5 89°0610611 E 119.91 io _----------- - --------- PROPOSED ELEVATIONS (per builder, verify) 1) Garage ' 2) Tap of foundation = 949.97 3) Main floor 4) 8asemenl I � LEGAL DESCRITION OF PREMISES Lot 2, Olock 1, PENCE LANE ADDITION I o denotes iron marker Set ORAINAGEAND UNLITY EASEMENT : denotes iron marker found (9063): denotes existing spot elevation, mean sea level datum 910.8 : denotes proposed spot elevation % 4 0 --91>--: denotes existing contour line, per county mops / I ---L_r--. denotes proposed contour line r, Bearings shown are based upon 'an assumed datum. This s— y intends to how the boundaries of the bave described property, the _ -� 4 // J_ „-- location of an existing drivewaoy, to remain existing topography, per our ty aps, _-�- -- / ! /I and the proposed location of proposed house, stairway, drivewa' and grades _ / %� / 1 . NWCORNER OF thereon. It does not purport to how any other encroa hments o improvements. _- --- �/ ; / / s+ ------ / / / RLS NO. 310 / P / - - - - - - — / aa. EnsEUExr d ; eel rso.T uuMcx - ' -..... aav xsioxrs _------_ _---- - � g �\ \ //LOT 2� 0 \ EXISTING \ HOUSE \ #2709 i --- -------------- - -- 7 \ / s9roasFo`- ! N 88°84' 17" W 146.30.--P- ." ��� I \ 111 \ 1 \ by yf II 111111 11 \\ !/' PROPOSED,G% HOUS 1 I 1 /2710 » b a, (A) �, c I li ��. ami 1 t"•° 0(, y%( 1 v 1 1111 III 1 ib �' ` EXISTING 11111 0�' i 1 _HOUSE og 1+ PAM ba LAKE .� MINNETONKA ,M CARMAN'S BAY/OLD CHANNEL BAY \\ —' els.1 ekwTi_I _-_ be be I heresy eedvr that this pan, mPaalraa<mn. ar .,,t PROJECT GRONBERG & ASSOCIATES, INC. e by me, or Y direct supervision, and In. I am a .1, Licensee Land Surveyor antler the t0-18-18 CIVIL ENGINNERS, LAND SURVEYORS, LAND PLANNERS I— of the State of Minnesota. NORTH WILLOW DRIVE LONG LAKE, MN 55356 Mark 5. CroMer Minn sato License N er 12755 1»55 952-473-4141 a 1 930 ..._.........•--- j� ;......Tq�......... R ql .............-- 946: 1......----.....945:9.. WALL ------------- ................... 941.4 941.2 936.7 936.5 10 20 CROSS SECTION 1 "=5' VERT. 1"=5' HORIZ. A::: PROPOSED STAIRWAY DETAIL FOR ERIC VOGSTROM IN LOT 2, BLOCK 1, PENCE LANE ADDITION HENNEPIN COUNTY, MINNESOTA C tir C, 2450 Sc 2 20 SF i 290 cF 7 JC 3. 6 C F = // C e 20 SF 0 >/0rF = C, I( 941.2 = PROPOSED ELEVATION ........... . \ LOT 2 GRONBERG AND ASSOCIATES, LINE (O.H.W.) \ \ \ �ZS £_ GATE 6-18-19 INC. i- SURVEY LINE ���.-, ��.. �, a CONSULTING ENGINEERS, LAND SURVEYORS, & SITE PLANNERS 445 NORTH WILLOW DRIVE \ \ M I N N E T 0 N K A \ _ ,94s ,- PROPOSED STAIRWAY AND LANDINGS 932.0 ... :...........�- \ \ 30 \ \ \ � TW=945.0 h A \ `944— BW=944.4 >a, \ \ s.y TW=9450 \ \ 942 \ \ TWA \ \---940— BW=944.4 \ \ \ I A \ \ \ \ �9 4p� TW=944.2 \ \ \ \ \ 94" B 42 4�o \\� 938 \W W=941.4 T W, \ \ \ • �� 9�2 p 97.2 \ 8W 441.4 \rte ................... \ \ \ 9,38 \ \ \ \ &W-9412 \ \ X940\. C rW'94 — - Ar W,g \ - EAST LINE OF LOT 2�� \934 \ \ \ &z'_--93 5 1. \ \ BW g 38.5?\ S \ \g32 \ \ \. \ \ A 9 \ \ \ \ y \ \3p\ \ \ ` CR083s 9365 TW, SECTION \ \ _ 8•X4e�c 36�� \ \ \ \ \ \_ LAND1Nr Cry \ \ \ 929.4 CONTOUR'' \ iv/peQ �Sj- P) \ 1"=10' I hereby certify that this plan, specification, or report was prepared by me, under my direct supervislan, and that I aa duly Licensed Land Surveyor under the laws ofm Li the State of Minnesota. GRONBERG AND ASSOCIATES, LINE (O.H.W.) \ \ \ �ZS £_ GATE 6-18-19 INC. \ \ LAKE ���.-, ��.. �, a CONSULTING ENGINEERS, LAND SURVEYORS, & SITE PLANNERS 445 NORTH WILLOW DRIVE \ \ M I N N E T 0 N K A \ JOB N0. 18-355 Mark S. Gronberg Minnesota License Number 12755 LONG LAKE, MN. 55356 952-473-4147 I_ \ LO LO M I ro �� r' +•, � , . yrt� � 1' �� �.`r j 'STI '! It ■1p pop r v w T � ]►� r, I 1 r 4 +�� 7 'moi •` '`• +� o .dam — ` .�:� ✓ r ^'. MINUTES OF THE ORONO PLANNING COMMISSION Monday, July 15, 2019 6:30 o'clock p.m. 4. LA18-000050 ERIC VOGSTROM, 2710 PENCE LANE, VARIANCES, 7:15 P.M. — 7:28 P.M. Eric Vogstrom, Applicant, was present. Curtis stated the applicant is requesting a lake setback variance for retaining walls associated with a lake access stair. A new home is currently under construction on the property and the owner is proposing to construct set-in grade lake/dock access stairs. The stairs require some minimal retaining walls due to the slope of the lake yard. The walls would begin approximately 13 feet from the ordinary high-water level. The stairs are a permitted lake setback encroachment for this sloped lakeshore lot, but the retaining walls are not. A 75 -foot lake setback variance is required. Hardcover with the proposed improvements would be below 25 percent. Stairs are permitted by City Code. In similar situations, property owners have two choices in installing stairs: above -grade deck -type stairs or in -ground stairs. Above grade deck stairs are often more visually impactful, as the entire structure is above ground. These stairs are often used where protection of the slope is of greater importance than preserving the natural shoreline view. In -ground stairs blend into the shoreline more effectively but often require some slope stabilization. These are often used where the slope is minor and helps to better preserve the natural shoreline. Public comment was received and has been included in the Planning Commission packet. Staff finds practical difficulty in the lake yard slope to allow the minimal retaining walls associated with the set-in grade stair system for lake and dock access. Planning Staff recommends approval of the variance permitting the retaining walls to support the stairs conditioned upon implementation of a landscape plan which screens the walls from the lake. The applicant has emailed a photograph of a property with a similar landscape design and that will be put up on the overhead. Bollis asked whether the variance is just for the retaining wall. Curtis indicated it is. The stairs are permitted but the walls are not. The applicant could install an above- ground staircase. The walls will be generally screened and will help soften that look. Eric Vogstrom, Applicant, stated he had nothing to add to Staff's report. Chair Ressler opened the public hearing at 7:18 p.m. Greg Hueler, 2710 Pence Lane, stated he is here to support the application, but the issue he has is that the subdivision was supposed to have guidelines for not using the driveway. The Dunkleys are still using the driveway, which was a specific prohibition under the plat approval. Hueler commented he wants the Planning Commission to understand that a lot of people are watching this to see if they will be approving a variance on a property that is not in compliance with what has been approved. Hueler stated due to the lack of consequences of ignoring the direction of the City and the Mayor, he is not sure how the Planning Commission can deal with it. If it is approved, other citizens will expect the same treatment and that they should expect a number of neighbors expecting the same nonchalant concern for the shoreline and the hillside. MINUTES OF THE ORONO PLANNING COMMISSION Monday, July 15, 2019 6:30 o'clock p.m. Chair Ressler closed the public hearing at 7:21 p.m. Libby stated it is difficult when behavior and conduct of general contractors and subcontractors become an issue. Sometimes, if not properly directed by the general contractor, there may be behavior that the Planning Commission and City Council cannot control. Libby stated he commends Mr. Hueler for coming tonight and expressing concern, but that he does not see any other neighbors expressing concern about it except for Mr. Hueler's letter and his comments tonight. Curtis noted the letter was from a different neighbor. Bollis asked if the property is in compliance with the subdivision approval. Curtis indicated they are frequently out of compliance with the subdivision approval that prohibits the cross traffic of contractors and subcontractors on Pence Lane. Staff, however, does not monitor it on a daily basis. Staff visited the site on Friday and the fencing was down. The fencing is supposed to remain up unless they are moving dirt at that specific time and is designed to keep people from driving across the Pence Lane driveway. As far as the grading, the house, and everything else, they are in compliance. Ressler commented he has visited the site and it is a tight spot. Ressler encouraged Mr. Hueler to continue to bring up his concerns to the City, but that he would have a hard time not making a decision tonight on what would be an improvement. Ressler stated he is sure everyone is looking forward to the construction being done. Erickson stated he is positive about the stairs and retaining walls. In this case there is no height issue so he is very much in favor of it. Erickson stated as it relates to the traffic problem, his understanding of the rules that relate to variances and setting conditions on variances is that the traffic issue is too far removed from the retaining wall issue so the Planning Commission cannot link those in one motion. That being the case, he would support the application for the stairway and retaining walls. McCutcheon commented the retaining wall/stairway looks like a solid solution and that it is a good idea since the stairs have collapsed in the past. Bollis stated as far as the stairway and retaining walls, he sees a practical difficulty with trying to build an above -ground stairway system given the grade. Gettman stated the retaining walls make sense in order to help retain the stairs. Ressler noted everyone is sensitive to limit the amount of structure near the lake. Given what the walls serve, he would be in support of it, but that the Planning Commission cannot govern on the ongoing construction of the home as part of this request. McCutcheon moved, Libby seconded, to recommend approval of Application No. LA19-000050, Eric Vogstrom, 2710 Pence Lane, lake setback variance. VOTE: Ayes 6, Nays 0. 2720 Kelly Avenue Excelsior MN 55331 July 2, 2019 City of Orono 2750 Kelley Parkway PO Box 66 Crystal Bay MN 55323-0066 RER: LA19-000050 I live at 2720 Kelly Avenue. I received the notice of hearing by the planning commission. Has the planning commission looked at this project? The boulders are already all along the shoreline and tons and tons of dirt have been moved. Why even schedule a hearing when they have already begun the project? I am totally against granting any more permits to this project. They have totally torn up and destroyed any animal habitat; our roads are a mess with cracked blacktop; the truck traffic has made living on Kelly Avenue like living in a construction zone. The habitat can never be restored. Who is responsible to fixing the roads? And why is this headed as Paul Vogstrom o/b/o Eric Vogstrom when it is the Dunkely property. Are we supposed to be fooled? How many permits have been requested; denied; then taken to a different authority to get around restrictions? How many permits have been requested; denied; but work proceeded anyway. How many fines have been issued for actions taken that are not permitted? Is this another case of he who has all the money get what they want? I am unable to attend the meeting, but I did want to express my opinion, tho I fear, like all the other times, it will be ignored. Catherine Meagher Date Application Received: 06/19/19 Date Application Considered as Complete: 07/03/19 60 -Day Review Period Expires: 09/01/19 W&— >-11 To: Chair Ressler and Planning Commission Members�1 11 Dustin Rief, City AdministratorIly';0 SHQ From: Melanie Curtis, Planner h'1GG Date: July 15, 2019 Subject: #LA19-000050, Paul Vogstrom o/b/o Eric Vogstrom, 2710 Pence Lane, Variances Public Hearing Application Summary: The applicant is requesting a lake setback variance for retaining walls associated with a lake access stair. Staff Recommendation: Planning Department Staff recommends approval with landscape screening. Background There is a new home under construction on the property. The property owner is proposing to construct set -in -grade lake/dock access stairs. The stairs require some minimal retaining walls due to the slope of the lake yard; the walls begin approximately 13 feet from the ordinary high water level. The stairs are a permitted lake setback encroachment for this sloped lakeshore lot, however the retaining walls are not. A 75 -foot lake setback variance is required. LOT ANALYSIS WORKSHEET Sections 78-1279 &78-1282 - Setbacks: LR -1B - Shoreland Required Proposed Overlay District The walls start as close as 13 feet Lakeshore 75' Zone Hardcover from the lake. Section 78-1680 and 78-1700 - Hardcover Calculations: Stormwater Total Area in Allowed Overlay District Proposed Hardcover Zone Hardcover Tier Tier 1 64,359 s.f. 16,089 s.f. 14,806 s.f. 114 s.f. w/in 75' (25%) (23%) FILE # LA19-00050 15 July 2019 Page 2 of 4 Applicable Regulations: Lake Setback Variance (Section 78-1279) It is permitted for the property to have a stair accessing the lake or dock due to the slope of the lakeyard. The applicant is proposing to set the stairs into the slope for better screening and longevity. The retaining walls proposed are intended to support the stair design. Retaining walls are not permitted within the lake yard, however the hardcover associated with the walls is excluded from the site hardcover totals. The variance is necessary due to the location within the 75 -foot setback. Hardcover of the site, with the proposed improvements, will be below 25%. Governing Regulation: Variance (Section 78-123) In reviewing applications for variance, the Planning Commission shall consider the effect of the proposed variance upon the health, safety and welfare of the community, existing and anticipated traffic conditions, light and air, danger of fire, risk to the public safety, and the effect on values of property in the surrounding area. The Planning Commission shall consider recommending approval for variances from the literal provisions of the Zoning Code in instances where their strict enforcement would cause practical difficulties because of circumstances unique to the individual property under consideration, and shall recommend approval only when it is demonstrated that such actions will be in keeping with the spirit and intent of the Orono Zoning Code. Economic considerations alone do not constitute practical difficulties. Practical difficulties also include but are not limited to inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth -sheltered construction as defined in Minn. Stat. § 216C.06, subd. 2, when in harmony with this chapter. The board or the council may not permit as a variance any use that is not permitted under this chapter for property in the zone where the affected person's land is located. The board or council may permit as a variance the temporary use of a one -family dwelling as a two-family dwelling. According to MN §462.357 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 intent of the lake yard setback is to preserve the natural lakeshore and not permit structure or hardcover in this area. Retaining walls help minimum the visually impact of the stairs, which are permitted by ordinance. 2. The variance is consistent with the comprehensive plan. The requested variance is consistent with the residential goals within 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 use of the property remains residential. The proposed improvements are residential in nature, and reasonable from a residential scope. b. There are circumstances unique to the property not created by the landowner; the proposed lake access stair and retaining walls do not result in hardcover exceeding 25% for the property and the walls are excluded from the calculation total. The slope of the lakeshore requires stairs for dock and lake access; and c. The variance will not alter the essential character of the locality. The variance to permit construction of the walls to support the stairs within the 75 -foot setback will be less visible and more functional than an above grade stair. The retaining walls will not change character of the locality. Additionally City Code 78-123 provides additional parameters within which a variance may be granted as follows: FILE # LA19-00050 15 July 2019 Page 3 of 4 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 retaining walls are an allowed 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 topography of the property increases as it moves away from the lake and the proposed stair improvement is necessary for access to the lake. It is reasonable to permit the type of stair the owner has proposed in addition to the retaining walls to support such stair system. The retaining walls will not adversely impact adjacent properties. 9. The conditions do not apply generally to other land or structures in the district in which the land is located. The applicant's proposal does not appear to be out of character with the area. The walls will not encroach nearer to the lake than the stair and can be screened from view from the lake. 10. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. Granting a lake setback variance and to allow the construction of the retaining wall supported stair system within the 75 -foot lake setback is reasonable and necessary to preserve the property rights of the owner. 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 lake setback variance allowing the retaining walls within the 75 -foot setback will not adversely impact health, safety, comfort or morals, or be contrary to the ordinances. 12. The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty. The applicant has provided demonstration of the practical difficulties which support granting the lake setback to permit the construction of retaining walls within 75 feet of the OHWL. Practical Difficulties Statement Applicant has provided supporting documentation regarding the applicable Practical Difficulties attached as Exhibit B, and should be asked for additional testimony regarding the application. Practical Difficulties Analysis Staff finds practical difficulty in the lake yard slope to allow the minimal retaining walls associated with the set in grade stair system for lake and dock access. Stairs are permitted by the city code. In similar situations (slope, distance, etc.) property owners have two choices in installing stairs, above grade deck -type stairs, or in -ground stairs. Above grade deck stairs are often more visually impactful, as the entire structure is above ground. These stairs are often used where protection of the slope is of greater importance than preserve the FILE # LA19-00050 15 July 2019 Page 4 of 4 natural shoreline view. In -ground stairs blend into the shoreline more effectively, but often require some slope stabilization. These are often used where the slope is minor, and better preserve the natural shoreline. Public Comments Public comments were received and are attached as Exhibit F. 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 variance permitting the retaining walls to support the stairs conditioned upon implementation of a landscape plan which screens the walls from the lake. List of Exhibits Exhibit A. Application Summary & Narrative Exhibit B. Practical Difficulties Documentation Form Exhibit C. Proposed Survey Exhibit D. Proposed Stair Plan and Cross Section Exhibit E. Submitted Hardcover Calculations Exhibit F. Neighbor Comments Exhibit G. Property Owners List Exhibit H. Plat Map AGENDA ITEM Item No.: 13 Date: August 12, 2019 Item Description: LAI 9-000051 — Dale Gustafson o/b/o John & Trudy Wilgers, 1905 Concordia St, Variance — Resolution Presenter: Melanie Curtis Agenda Consent Agenda Planner Section: 1. Purpose. This application is regarding variance approvals relating to repair of a lakeshore slope failure. 2. MN§15.99 Application Deadline. The application was received on June 19, 2019 and considered to be complete on July 3rd. Therefore the 60 -Day review period expires on September 1, 2019. 3. Background/ Summary. While the foundation work for the new home was underway, there were several consecutive rain events resulting in failure of the lower portion of the lake slope on the property. The applicant is proposing to install a subterranean timber wall grid system in the area of the recent slope failure. The grid layout will create "boxes" to be filled with soil to recreate the slope. Deep rooted plants are proposed to be installed on the slope. Because the walls are not permitted within the lake yard, a 75 -foot lake setback variance is required. This is the second slope failure in the last 7 years. 4. Planning Commission Vote and Comment. On July 15th the Planning Commission held a public hearing. Following the public hearing the Planning Commission voted 6 to 0 in favor of a motion to approve the requested setback variance for the walls. 5. Public Comment. No written comments from the neighbors were received; one neighbor spoke at the public hearing. Please refer to the draft minutes (Exhibit C) for more detail. 6. Staff Recommendation. The City's engineer provided the following comments. Staff recommends approval conditioned upon the applicant providing the requested information. These conditions have been included in the draft approval resolution. a. Wall and site plans specific to this site should be submitted for review and approval. The plans should include existing and proposed contours, location of subterranean wall (including draintile with pipe material, diameter, and invert elevations indicated), erosion control, and proposed restoration/landscaping. b. It appears that the slope repair needs to extend into the adjacent property to the north. The design should include all areas needing stabilization, and a temporary easement/permanent agreement may be necessary with the adjacent property owner. COUNCIL ACTION REQUESTED Motion to adopt or amend the approval resolution. Prepared By: V11GG Reviewed By: J. Barnhart Approved By: -Sb)X AGENDA ITEM Exhibits A. Draft Resolution B. Proposed Plans C. Draft PC Minutes D. PC Staff Report 07/15/19 References PC Exhibits 07115119: A. Application Summary B. Application Narrative + Cut & Fill Summary C. Practical Difficulties Documentation Form D. Survey + Proposed Overlay E. Proposed Subterranean Wall Plan & Cross -Section F. Landscape Plan G. Submitted Hardcover Calculations H. MCWD Permit I. Site Photos J. Property Owners List K. Plat Map File #13-3645, Re: 201312014 Slope Failure 1895 & 1905 Concordia 2040 Comprehensive Plan Prepared By: YY1GG Reviewed By: J. Barnhart Approved By: _Sb)X F CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. A RESOLUTION APPROVING A VARIANCE FROM MUNICIPAL ZONING CODE SECTION 78-1279 FILE NO. LA19-000051 WHEREAS, on June 19, 2019, Dale Gustafson (hereinafter the "Applicant"), applied for a variance from the City Code for the property addressed 1905 Concordia Street, and legally described as: Lot 14, Fagerness, and adjacent vacated Webb Street, Hennepin County, Minnesota, (hereinafter the "Property"); WHEREAS, in approximately June 2019, following several consecutive rain events the lakeshore slope on the Property suffered a landslide on the lower slope; and WHEREAS, in order to repair and stabilize the slope, 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 subterranean retaining wall grid system in the 75 -foot setback where retaining walls are not permitted; and WHEREAS, on July 15, 2019, 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 July 15, 2019, the Planning Commission recommended approval of the setback variance for the proposed retaining walls conditioned upon compliance with the City engineer's recommendations at the time of the building permit; and WHEREAS, on August 12, 2019, the City Council reviewed the application and the recommendations of the Planning Commission and City staff; and NOW, THEREFORE, BE IT RESOLVED that the City Council of Orono, Minnesota hereby approves the requested variance as described above based on one or more of the following findings of fact concerning the Property: FINDINGS OF FACT: 1. This application was reviewed as Zoning File #LA19-000051. The analysis contained within staff memos and the exhibits attached to the aforesaid memos, all minutes from the CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. above mentioned meetings, and any and all other materials distributed at these meetings are hereby incorporated by reference. 2. The Property is located in the LR -1C One Family Lakeshore Zoning District. 3. The Property contains 0.56 acres in area and has a defined lot width of approximately 67 feet at the OHWL and 113 feet at the 75 -foot setback. 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: a. Lake Setback Variance 6. In considering this application for variance, the Council has considered the advice and recommendation of the Planning Commission and the effect of the proposed variance upon the health, safety and welfare of the community, existing and anticipated traffic conditions, light and air, danger of fire, risk to the public safety, and the effect on values of property in the surrounding area. ANALYSIS: 1. "Variances shall only be permitted when they are in harmony with the general purposes and intent of the ordinance ...." The intent of the lake yard setback is to preserve the natural lakeshore and not permit structure or hardcover in this area. The subterranean retaining walls have no visual impact as they are for slope stability and designed to be below grade. 2. "Variances shall only be permitted . . . when the variances are consistent with the comprehensive plan." The requested variance is consistent with the residential goals within 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 use of the Property remains residential. The proposed improvements are residential in nature, and reasonable from a residential scope. CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. b. The plight of the landowner is due to circumstances unique to his property not created by the landowner. The proposed subterranean retaining walls do not result in hardcover exceeding 25% for the Property and the walls are excluded from the calculation total. The slope failure requires repair to prevent further damage; c. The variance, if granted, will not alter the essential character of the locality. " The variance to permit construction of the subterranean walls to repair and support the slope within the 75 -foot setback will not be visible; with the proposed plantings will function for stability and to create a vegetated natural looking slope. The project will not change character of the locality. 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 retaining walls are an allowed use in the LR - 1C 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 lake slope failure creates a situation requiring necessary intervention and the proposed retaining wall installation is necessary for repair and restoration of the slope to the lake. It is reasonable to permit the type of repair the owner has proposed in addition to the proposed landscape plan to support a subterranean wall system. The retaining walls will not adversely impact adjacent properties. 9. "The conditions do not apply generally to other land or structures in the district in which the land is located." The Applicant's proposal does not appear to be out of character with the area. The walls will not be visible from the lake. CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 10. "The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant." Granting a lake setback variance and to allow the construction of the subterranean retaining wall system within the 75 -foot lake setback is reasonable and necessary to protect the lake and property, and the property rights of the owner. 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 lake setback variance allowing the subterranean retaining walls within the 75 -foot setback will not adversely impact health, safety, comfort or morals, or be contrary to the ordinances. 12. "The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty." The Applicant has provided demonstration of the practical difficulties which support granting the lake setback to permit the construction of subterranean retaining walls within 75 feet of the OHWL. 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 subterranean retaining walls within the 75 -foot lake setback, subject to the following conditions: 1. Council approval is based on the entire record, above Findings. 2. The approved project shall conform to the proposed wall and landscape plans submitted by the Applicant and annotated by City staff, attached to this Resolution as Exhibits A & B. 3. The Applicant shall provide detail to satisfy the City's engineer prior to issuance of a building permit for the walls including: a. Submittal of wall and site plans specific to this site are required to be submitted for review and approval. The plans should include existing and proposed contours, location of subterranean wall (including draintile with pipe material, diameter, and invert elevations indicated), erosion control, and proposed restoration/landscaping. b. The plans/design should include all areas needing stabilization, including the adjacent property if applicable; written consent shall be submitted from the adjacent property owner. c. Copies of all required Minnehaha Creek Watershed District permits. CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 4. Any amendments to the plans which are not in conformity with City codes may require further Planning Commission and City Council review. 5. Authorities granted by this resolution run with the Property not with the Applicants, but are permissive only and must be exercised by obtaining a building permit for the new construction and commencing construction of said project. A framing inspection must be completed within one year of the date of Council approval, or the variance will expire on that date (August 12, 2020). 6. Violation of or non-compliance with any of the terms and conditions of this resolution may result in the termination of any authority granted herein. ADOPTED by the Orono City Council on this 12th day of August, 2019. ATTEST: CITY OF ORONO: Anna Carlson, City Clerk Dennis Walsh, Mayor � r a x a z / Nu g I co S S3 un s \ % O 2G o b7 w - � o amN A zor� 3 z� tjz roz�� 3 a = a 2G Cj X93 3 z a 3 - _ % 3'0 3 3 Z -3 V1 C] > H � W H 3 rq w reppca a ar tme mi pie eee eeotma, er r �erc PROJECT GRONBERG & ASSOCIATES, INC. ee tM1oiI ambo 1.1iw u tla Lm.yd;uC-ymeuiMer`Me 2-] 18 CIVD. ENGINNERR, LAND SURVEYOR$ UMPLANNERS laws of tM1e State of Minnesota. 1"�20' 445 NORTH WILLOW DRIVE LONG LAKE, MN 55356 Mark S. Gr—r Miv� -. U a N—, 12755 18-008 952-473-4141 r D m iF m N ]DD Z 9 Z q! O 2g � m s$ Z N. X e. 5�a w0 i 'n 8 c v O In M In N . � f \� CO s Eo I o NCO, 'Odse m { q 6T9 0 o, � � N /I T \, m O 2 pD 1 -n M m x m m mm -0m 0 Z�m !'T" N D to Z R, C n c ` r m x� ZA8 D v OT ^: �n Ill fA Z < _ z D m m n < a O z p 3 o 3 - 3 3 30 F� m' =rererpare nmaam, a��. =a�b�. a,re�n PROJECT GRONBERG &ASSOCIATES, INC. a me,or=ae,m rea ceao Nu aDSUR—ORS.—P—NEas Eerie Grading plan for bank repair <ns rvoR,n w�uow oArvE �orvc urce Mry sass ,�Pbe�a w N—ba•,z7ss ZZ�/ O � � N (GD 7-7 = O O N 0-0 :1-a. N n NU N N N 7 N 6 O O 7 -O O N O O N := (D .n-. O .N.« 00 O_ 00 F 7 •-• 5. to N 0 Q p- 2. N. ONN. ID O a' (D (SD O TI �= 0 N O N N N0 w U) O n - CID � � U) (D O_ ¢ "� p r n 17 O O _ ?. � v' — N CD 1 0 v- 7 tD N Ut O CD n /A /U) Q CD O V o Q �F _0 O CF = r (n C N O CD� CF - 5.0 CD Q (D^' M cn 3B CD Cn [R Greendale Design 9 old hands at new design John &Trudy Welgers 1905 Concordia St Orono, MN 55391 Top View Timbers Scale: 7 inch = a feet July 2, 2019 4 ,A. 1845 W. -1n -A.. G.—Va., .N 5542, Tel (]83)5cid8t5 a ,e LAKE MINNETONKA WEST ARM Uw Z CERTIFICATE OF SURVEY FOR < MICHAEL PAUL DESIGN BUILD na� Fei OF LOT 14, FAGERNESS & ADJACENT VACATED STREET HENNEPIN COUNTY, MINNESOTA o �>s /,,3.om [r]zrc OR 7 ,fir>t�j o ygs A T IE V II 17579.51 s 1 9, -`� ; `. -] % ; y, WEBB STREET q01I / glgos r � 2 / �z m,,, y 11 PROPOSED ELEVATIONS : (verify) 1) Garage = 966.a 2) Top of foundation 3) Main floor = 9]1.35 4) Basement = 961.0 LEGAL DESCRIPTION OF PREMISES : Lot 14, Fagerness, and adjacent vacated Webb street. •: denotes iron marker found Is. 3) denotes existing spot elevation. mean sea level datum 9t6.6 : denotes proposed spot elevation --91]--: denotes existing contour line, mean sea level datum - - denotes proposed contour line Bearings shown are based. upon an assumed datum. This survey intends to show the boundaries of the above described property, ..'sting -y intends decks and tlthouset dnvewa ore.join and d usthereon, the It dooessen t t to shown an other' y is ora encroachments. o purport y improvemen LAKE MINNETONKA WEST ARM 2 1 -fo SHADY WOOD COFFEE'S N 69A52'36': E 175.51 F- PROPOSED 14 HO.SE, 13 CERTIFICATE OF SURVEY FOR MICHAEL PAUL DESIGN BUILD OF LOT 14, FAGERNESS & ADJACENT VACATED STREET HENNEPIN COUNTY, MINNESOTA WEBB STREET PROPOSED ELEVATIONS: (verify) 1) G,,gl = —.. 2) Top of foundation 3)Main floor- anal 4) --t - aero LEGAL DESCRIPTION OF PREMISES. Lot 14, Flgo,, IM loil.elt vacated Webb —t. ,: d—too-, marker found :odWtes existing spot elevation, ....... level d,t,, ; ehmmotee proposed spot .1—ton - -d,n— --g --., line, —n — 1 -el datum proposed contour line Bearings shown are based upon an assumed datum. This ',,y Mend, to show the b ... d,ne, of the above d ... nbed property, VO .i.img topography, decks and —, at shore, adjoining houses, and the proposed location of , proposed ho—, dn—y ,,lgrd,, thereon. purport� It doe, not p,,n to how other Improvements , encroachments. 2. LU shff 0 co in os co cc Lu cc Typical Subterranean Interlocking Stabilization Grid et a� £n d N � "IV amT Fines Cross Section West side 947.5 plantings Drain Pipe connecting x43.5 rock zones to riprap Vertical stabilization timbers Horizontal tieback timber 939.5 Clear rock drain zone N d Lateral stabilization plate der 5/6" treated timbers (4' tall) 3:.!2 across face of repair area2931.6 ;3 -0 N i0Z Top Soil zone for planting 929.4 ~ o covered with mulch 0Q0 Lake Minnetonka �U Fill area of 7' L O O o compacted soil Clean Riprap to 931.5 grade Top View o � �R Engineer Stamp_ r rwd.0 by 1111 IN WKW mY OW wwww" &14"1 on. d* Ucwad PwMwIw it gi w. wldwb WA d du a T MYw.a1. UW Z / UM— 18101 3 MINUTES OF THE ORONO PLANNING COMMISSION Monday, July 15, 2019 6:30 o'clock p.m. 5. LA19-000051 DALE GUSTAFSON, 1905 CONCORDIA STREET, VARIANCE AND INTERIM USE PERMIT, 7:28 P.M. — 7:56 P.M. Dale Gustafson, Applicant, was present. Curtis stated the applicant is requesting approval of a lake setback variance and interim use permit to repair a slope failure. During the process of building a new home, foundation work was underway and there were several consecutive rain events. This resulted in the failure of the lower portion of the lake slope on the property. Similar failures have occurred on the property over the years and the previous owners had worked to incrementally repair those failures as they occurred. The applicant is proposing to install a subterranean timber retaining wall grid system to stabilize and repair the slope. Because the walls are not permitted within the lake yard, a 75 -foot lake setback variance is required. The grid layout will create boxes to be filled with soil to recreate the slope. Plantings with deep roots are proposed to be installed on the slope. The applicant's plan has been certified by a professional engineer. Retaining walls are not permitted within the lake yard. However, the hardcover associated with the walls is excluded from the site hardcover totals. Hardcover on the site, with the proposed improvements, will be below 25 percent. No public comments have been received in response to this application. Staff finds practical difficulty in the lake yard slope failure to allow the subterranean retaining wall system to be installed. The retaining wall grid system has been signed by a professional engineer. Planning Staff recommends approval of the variance permitting the subterranean retaining wall grid system to repair and restore the lake side slope conditioned upon implementation of a landscape plan which creates a natural vegetated slope over the walls. The applicant has proposed a landscape plan with three varieties of plants. The City Engineer is requesting some additional certification and more plan details. Ressler asked if the further detail can be provided prior to the City Council meeting. Curtis stated that can be included in the Planning Commission recommendation. The City Engineer would require that as a part of any building permit. Ressler asked if there is a survey that speaks to any grading changes. Curtis stated at the time of the survey, the slope had not yet failed, and that there is a general indication of the area on the survey. Some further detail and clarification is what the City Engineer is looking for as it relates to the grid system and its location to the adjacent property. The survey says existing boulder walls in this area and then it says proposed buried retaining walls and refers to the landscaping details. The City Engineer was unclear as to where the start and stop of the failure was and that the City Engineer has an expectation the applicant will be able to put together the detail he is asking for. McCutcheon asked if there were steps in the area where it failed. MINUTES OF THE ORONO PLANNING COMMISSION Monday, July 15, 2019 6:30 o'clock p.m. Curtis indicated there are stairs on one side and some of that was affected. The photo on the overhead is from a previous slope failure showing the general area. The stairs were repaired recently and survived this most recent slope failure for the most part. The repair that was done for the previous failure was tiered retaining walls, and the bottom of that repair is what failed. Bollis asked if there was a permit for the previous repair. Curtis stated the property owner went through a conditional use permit process with the City Council but that she does not believe the actual permits were followed through with. As a result, Staff does not know exactly what was done. Ressler asked if there is any clarity as far as relocating any dirt or bringing in dirt from an outside source. Curtis suggested the applicant address that. Dale Gustafson, Applicant, stated this is a complex piece of property and that it is clear that boulders on the steep slope are generally not going to stay there. The slope has failed twice. This system of subterranean grid creates a network under the soil that will hold the slope from top to bottom. On the cross-section at the top, there are timbers going down that help stabilize against the slide and there are also timbers that go across in rows. The difficulty with this type of project is that they cannot work on it at one time. The contractor has to start at the bottom and dig down, put the first crib in, and then each of the subsequent cribs are connected together by the longer timbers that go through it. Right behind the wall there is a section of drainage rock. The moisture that gets in the ground will come down through the clay, encounter the rock, and instead of just collecting there and creating this mass that has freeze/thaw problems, the water will come up to the wall and rock, then go down to the next level and then the next level, and slowly make its way to the bottom level. That will greatly reduce the rate of the runoff, and over time that will help stabilize the slope. Gustafson noted the contractor has been doing this for 30 years and has not experienced a failure yet. When you look at the details on the survey, the surveyor must provide a one -foot contour of the area next to the lake. When you see lines that are parallel to each other, it will tell you that that section was not surveyed. It was marked on the top and the bottom and then the computer determines the difference. When someone tries to build it, those numbers will not match. As they go through this process, the contractor will accommodate the existing grade as they build it. Gustafson stated they are not able to specify exactly where each crib will be. McCutcheon asked if it will be 60 feet long. Curtis indicated it will be in the bottom half or bottom third of the slope. Gustafson stated the boulder walls that remain will be taken out. McCutcheon suggested the applicant provide as much detail as possible to help ensure this will hold, and that if he was the engineer reviewing this, he would look for rise over run, drain tile, and the amount of gravel. Chair Ressler opened the public hearing at 7:42 p.m. MINUTES OF THE ORONO PLANNING COMMISSION Monday, July 15, 2019 6:30 o'clock p.m. Eric Thompson, 1940 Concordia Street, stated he has lived across the street for the past 20 years and that Dale has a particularly difficult task on hand. If you visit the property, the slope is extremely steep and the dirt is soft. The previous property owner built a dock there and some stairs a few years ago, which collapsed some months later. Thompson indicated he also owns property on the Mississippi River and the whole entire embankment collapsed and it looks very similar to this. Thompson stated as he was listening to the Planning Commission and how the applicant really does not have a plan, he understands because he has been down that road before and that it is very hard to figure out what to do in a situation like this. There needs to be roots in the soil, and if they are going to start pounding footings in, the City will need a more detailed plan. Right now the slope is very unstable ground. Thompson recommended the Planning Commission decline this particular application and Dale should say to his contractor that they are going to revisit this once they get some answers to the type of growth that will be in there to help hold the soil before putting in other structures. The water and dirt are washing into the lake right now since it is really loose soil, and the best thing to do is to apply some pressure on his contractor to get a solid plan. Chair Ressler closed the public hearing at 7:47 p.m. Libby stated he would agree with Staff's recommendation. Libby commented he is very familiar with this design and that he has seen it on a steeper grade. In 2017, that structure was 80 years old and is still standing. Libby stated in his view this is a practical design, and if the City Engineer is satisfied and the Conservation District reviews it and approves it, he would tend to be in favor of this since this is a long- term correction that is way overdue. Ressler stated the action plan underneath the ground is pretty detailed but the plan for above ground needs some more detail. Overall it appears to be very well thought out. McCutcheon commented he appreciates the neighbor's concerns and that he would again encourage the applicant to have his engineer provide as much detailed information as possible. When there are failure points, there should be some redundancies in place to help prevent future failures. If the desired information is provided to the City Engineer, he would not have a problem with the application. Ressler asked if the Watershed District will look at this. Curtis indicated they would not necessarily review the walls but that they would look at the riprap and floodplain. Staff is working with the Watershed District in parallel with this application. Any further information can be submitted with the building permit application. Erickson commented this is the second time tonight that they have had an applicant step up and go the extra mile to come up with a long-term solution. As a result, he would be happy to support the application. MINUTES OF THE ORONO PLANNING COMMISSION Monday, July 15, 2019 6:30 o'clock p.m. Bollis stated he also is in support of it subject to the information being supplied to the City Engineer and him signing off on it. Gettman noted the Planning Commission is just approving the concept with the caveat that the information is provided to the City Engineer. Ressler stated as long as they are not changing the level of grading, that is what he is after, and that he wants to avoid any sort of approval that would dramatically change the slope. The applicant should stay in compliance with the recommendations of the City Engineer and provide the requested information. If that is done, he would be in support of it. Gettman asked if they should wait until the City Engineer approves the final design before approving the request. Curtis stated only if there is something the Planning Commission feels would change their recommendation on the variance. Staff is asking for more clarification on location and specifications. The City Engineer will not certify it but he will cross-check their engineer, who will be certifying it. Gettman moved, Bollis seconded, to recommend approval of Application No. LA19-000051, Dale Gustafson, 1905 Concordia Street, variance and Interim Use Permit, subject to the appropriate information being provided to the City Engineer and subject to the general grading remaining consistent with what currently exists. VOTE: Ayes 6, Nays 0. Date Application Received: 06/19/19 Date Application Considered as Complete: 07/03/19 60 -Day Review Period Expires: 09/01/19 To: From: Date: Subject Chair Ressler and Planning Commission Members Dustin Rief, City Administrator Melanie Curtis, Planner h'1GG July 15, 2019 W —>-11 \1SSH0 #LA19-000051, Dale Gustafson o/b/o John & Trudy Wilgers, 1905 Concordia St, Variance + IUP Public Hearing Application Summary: The applicant is requesting approval of a lake setback variance and interim use permit to repair a slope failure. Staff Recommendation: Planning Department Staff recommends approval. Background There is a new home under construction on the property. While the foundation work was underway there were several consecutive rain events resulting in failure of the lower portion of the lake slope on the property. Similar failures have occurred on the property over the years and the previous owners had worked to incrementally repair those failures as they occurred. The applicant is proposing to install a subterranean timber retaining wall grid system to stabilize and repair the slope. Because the walls are not permitted within the lake yard, a 75 -foot lake setback variance is required. Section 78-1680 and 78-1700 - Hardcover Calculations: Stormwater Total Area in Allowed Overlay District Proposed Hardcover Zone Hardcover Tier 6,197 s.f. 6189 s.f. 577 s.f. w/in 75' Tier 1 24,788 s.f. (25%) (24.9%) *lake stairs Applicable Regulations: Lake Setback Variance (Section 78-1279) The applicant is proposing to install a subterranean timber wall grid system in the area of a recent slope failure. The grid layout will create "boxes" to be filled with soil to recreate the slope. Plantings with deep roots are proposed to be installed on the slope. The applicant's plan has been certified by a professional engineer. Retaining walls are not permitted within the lake yard, however the hardcover associated with the walls is excluded from the site hardcover totals. Hardcover of the site, with the proposed improvements, will be below 25%. FILE # LA19-00051 15 July 2019 Page 2 of 4 Governing Regulation: Variance (Section 78-123) In reviewing applications for variance, the Planning Commission shall consider the effect of the proposed variance upon the health, safety and welfare of the community, existing and anticipated traffic conditions, light and air, danger of fire, risk to the public safety, and the effect on values of property in the surrounding area. The Planning Commission shall consider recommending approval for variances from the literal provisions of the Zoning Code in instances where their strict enforcement would cause practical difficulties because of circumstances unique to the individual property under consideration, and shall recommend approval only when it is demonstrated that such actions will be in keeping with the spirit and intent of the Orono Zoning Code. Economic considerations alone do not constitute practical difficulties. Practical difficulties also include but are not limited to inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth -sheltered construction as defined in Minn. Stat. § 216C.06, subd. 2, when in harmony with this chapter. The board or the council may not permit as a variance any use that is not permitted under this chapter for property in the zone where the affected person's land is located. The board or council may permit as a variance the temporary use of a one -family dwelling as a two-family dwelling. According to MN §462.357 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 intent of the lake yard setback is to preserve the natural lakeshore and not permit structure or hardcover in this area. Retaining walls have no visual impact as they are for slope stability and designed to be below grade. 2. The variance is consistent with the comprehensive plan. The requested variance is consistent with the residential goals within 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 use of the property remains residential. The proposed improvements are residential in nature, and reasonable from a residential scope. b. There are circumstances unique to the property not created by the landowner; the proposed subterranean retaining walls do not result in hardcover exceeding 25% for the property and the walls are excluded from the calculation total. The slope failure requires repair to prevent further damage; and c. The variance will not alter the essential character of the locality. The variance to permit construction of the subterranean walls to repair and support the slope within the 75 -foot setback will not be visible; with the proposed plantings will function for stability and to create a vegetated natural looking slope. The project will not change character of the locality. 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. FILE # LA19-00051 15 July 2019 Page 3 of 4 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 retaining walls are an allowed use in the LR - 1C 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 lake slope failure creates a situation requiring necessary intervention and the proposed retaining wall installation is necessary for repair and restoration of the slope to the lake. It is reasonable to permit the type of repair the owner has proposed in addition to the proposed landscape plan to support a subterranean wall system. The retaining walls will not adversely impact adjacent properties. 9. The conditions do not apply generally to other land or structures in the district in which the land is located. The applicant's proposal does not appear to be out of character with the area. The walls will not be visible from the lake. 10. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. Granting a lake setback variance and to allow the construction of the subterranean retaining wall system within the 75 -foot lake setback is reasonable and necessary to protect the lake and property, and the property rights of the owner. 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 lake setback variance allowing the subterranean retaining walls within the 75 -foot setback will not adversely impact health, safety, comfort or morals, or be contrary to the ordinances. 12. The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty. The applicant has provided demonstration of the practical difficulties which support granting the lake setback to permit the construction of subterranean retaining walls within 75 feet of the OHWL. Practical Difficulties Statement Applicant has provided supporting documentation regarding the applicable Practical Difficulties attached as Exhibit C, and should be asked for additional testimony regarding the application. Practical Difficulties Analysis Staff finds practical difficulty in the lake yard slope failure to allow the subterranean retaining wall system to be installed. Public Comments No public comments were received in response to this application. Issues for Consideration Does the Planning Commission find that that the property owner proposes to use the property in a reasonable manner which is not permitted by an official control? Does the Planning Commission find that the variance(s), if granted, will not alter the essential character of the neighborhood? FILE # LA19-00051 15 July 2019 Page 4 of 4 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 retaining wall grid system has been signed by a professional engineer. Planning Staff recommends approval of the variance permitting the subterranean retaining wall grid system to repair and restore the lake side slope conditioned upon implementation of a landscape plan which creates a natural vegetated slope over the walls. List of Exhibits Exhibit A. Application Summary Exhibit B. Application Narrative + Cut & Fill Summary Exhibit C. Practical Difficulties Documentation Form Exhibit D. Survey + Proposed Overlay Exhibit E. Proposed Subterranean Wall Plan & Cross -Section Exhibit F. Landscape Plan Exhibit G. Submitted Hardcover Calculations Exhibit H. MCWD Permit Exhibit I. Site Photos Exhibit J. Property Owners List Exhibit K. Plat Map References File #13-3645, Re: 2013/2014 Slope Failure 1895 & 1905 Concordia AGENDA ITEM Item No.: 14 Date: August 12, 2018 Item Description: City Clerk Job Description Revision Presenter: Dustin Rief, Agenda Consent Agenda City Administrator Section: 1. Purpose: To align Clerk Job description with actual activities being performed including the management of personnel 2. Background: The City Clerk requested a job review based on changes in duties not previously covered in the job description and lower pay than comparison cities. A review of the job description highlighted some insufficiencies related to personnel management, election responsibilities, and educational requirements. The proposed changes are in exhibit A. These changes required a rescoring according to the Hays manual as adopted by the city for the classification of all positions the resulting rescoring moved the positions points from 240 to 339. This resulted in a required wage grade increase from grade 10 to grade 11 due to an increase in the know-how required and accountability expected from the City Clerk. Previously, these two areas seem to have been scored lower than what the position truly requires to meet the needs of the city. 3. Staff Recommendation: City Administrator recommends adoption of the updated job description, scoring and wage adjustment COUNCIL ACTION REQUESTED Motion to adopt the updated job description, scoring and wage adjustment for the City Clerk position Exhibits A. Job Description — City Clerk B. Clerk Position Scoring Summary C. Wage Scale Adjustment Reference A. Position Scoring Criteria Prepared By: �bGa Reviewed By: jl�a Approved By: -Sb9a Position Title: Document Date Department: Accountable to: FLSA Status: Nature of Work CITY OF ORONO City Clerk janttat=y 1, August 12, 2019 Administration City Administrator Exempt Exhibit A City Clerk Job Description Perform the statutory responsibilities of municipal clerk as prescribed by state law and city ordinances; oversee the operations of elections, official records management, and municipal licenses and permits. Lead the front office customer service team in the professional daily operation of City Hall. Provide exceptional service to the public and support all departments on a wide variety of projects and tasks. Supervision Received and Exercised Work is performed with limited supervision from the City Administrator. This position supervises administrative support personnel within the City including temporary administrative and election staff. Examples of Work Essential functions listed below are intended as illustrations of the various types of work that may be performed. The omission of specific statements of duties does not exclude them if the work is similar, related or a logical assignment to the position. • Responsible for records management according to MN Data Practice regulations and MN Records Retention schedule. • Respond to data requests as required under MN Data Practice regulations. • Administer preparation of the agenda and packet for board meetings and prepare the meeting minutes. • Prepare and coordinate legal publications in compliance with state statutes and local ordinances. • Direct license and permit issuance and prepare related reports for Council. The City of Orono is an Equal Opportunity Employer • Provide leadership to Administration staff including assigning work, evaluating performance, defining duties and levels of expected performance for employees. Instill, develop, and encourage key organizational values of customer service, responsiveness, teamwork, innovation and excellence. • Administer and supervise all elections according to State Statute, including: recruitment, straining, scheduling and management of head judges and -of judges, diagnostic testing and coordination of maintenance, programming and operation of hardware, establishment of precincts, organization of polling places, management of absentee ballot process, maintenance of voter registration files, organization of supplies and supervision of election day procedures and activities. • Manage regulatory functions of local elections, including: candidate filling, campaign financial reporting, certification of candidates, ballot questions and filing of election results with Hennepin County. • Manage and/or coordinate special studies and projects as requested. • Oversee specific programs for City departments, including: recycling, organics, and community activities. Prepare related grant reports and reimbursement requests. • Oversee the preparation, production and maintenance of City communications including Newsletter, Website and other informational material. • Research, assemble information and compose reports, memos and correspondence and review administrative documents for clerical accuracy. • Provide and facilitate exceptional customer service through caring, helpful, and professional contacts (in person, phone, e-mail, and in writing). • Research, design, implement and evaluate effective processes for communication including telephone and voice mail systems, e-mail, memos, bulletin boards, mail, web site, newsletters, etc. Required Knowledge, Skills and Abilities Knowledge: • Clerical Knowledge of administrative and clerical procedures and systems such as word processing, managing files and records, stenography and transcription, designing forms, and other office procedures and terminology. • English Language Knowledge of the structure and content of the English language including the meaning and spelling of words, rules of composition, and grammar. • Customer and Personal Service — Knowledge of principles and processes for providing customer and personal services. This includes customer needs assessment, meeting quality standards for services, and evaluation of customer satisfaction. Law and Government Knowledge of laws, legal codes, court procedures, precedents, government regulations, executive orders, agency rules, and the democratic political process. Skills: • Reading Comprehension Understand written sentences and paragraphs in work related documents. • Active Listening — Give full attention to what other people are saying, taking time to understand the points being made, asking questions as appropriate, and not interrupting at inappropriate times. Speaking — Talk to others to convey information effectively. The City of Orono is an Equal Opportunity Employer Writing — Communicate effectively in writing as appropriate for the needs of the audience. • Coordination Adjust actions in relation to others' actions. Abilities: • Oral Comprehension — Able to listen to and understand information and ideas presented through spoken words and sentences. • Oral Expression — Able to communicate information and ideas in speaking so others will understand. • Written Comprehension — Able to read and understand information and ideas presented in writing. • Written Expression — Able to communicate information and ideas in writing so others will understand. • Near Vision — Able to see details at close range (within a few feet of the observer). Minimum Requirements Bachelor's Dearee in Public Administration. Business Administration or a related field • Three (3) years' experience performing duties associated with the function of the City Clerk's Office. • Notary public or ability to obtain licensure. • Minnesota Municipal Clerk Certification or ability to obtain certification within 3 years. • Valid MN driver's license. Desirable Qualifications • Demonstrated knowledge and experience working with elections and records management is highly desired. Physical Demands and Working Environment This position operates in an office environment, where employees are protected from weather conditions or contaminants, but not necessarily occasional temperature changes. The City of Orono is an Equal Opportunity Employer Exhibit B City Clerk CITY OF ORONO Scoring Summary NON-UNION EMPLOYEE COMPENSATION PLAN POSITION GRADES Grade Point Range Positions in Grade 1 0-76 2 77-89 3 90-103 4 104-113 5 114-127 6 128-143 7 144-164 8 165-186 9 187-233 Office Manager (E) 10 234-299 City Clerk (E) - Current 11 300-345 12 346-398 Building Official (E) 13 399-458 14 459-517 15 518-647 Community Development Director (E), Deputy Chief (E) 16 648-843 Public Works Director/City Engineer (E); Finance Director (E) 17 844-970 18 971-1068 Police Chief (E) 19 1069-1176 City Administrator (E) (E) = Exempt City Wage survey for 19 area communities with an average population of 5885 noted an average starting wage of $30.69 per hour and stop wage of $38.04 per hour. Currently, the City's starting wage for this position is $28.80 or $1.89 below average and the top wage of $35.64 or $2.40 below average for cities with a lower average population and complexity. This reinforces the need for a wage evaluation. The recommended grade change from Grade 10 to Grade 11 would also make this postion more competitive in the comparative group. Grade 11 would place the starting wage at $30.64 or $0.05 below average and the top wage at $37.92 or $0.12 below top wage. Internal concerns related to wages, this position and other non-union positions come from the Local 12 Union agreement and the adopted wages for their agreement. Under the current revised scoring the City Clerk scores higher than the City Planners however, the pay scale for union employees provides them with a higher starting, $31.55 and top pay $39.05. This also displays a compression of the pay scale for the Building official(non-union) as well which is a grade 12 with starting pay at $32.59 and top pay at $40.34 Recommendations 1. Recommendation is to move the City Clerk Position from Grade 10 step 2 on the non- union wage scale to Grade 11 step 2. 2. Recommendation to further evaluate the pay and how to address pay compression with positions both union and non-union to ensure equitable pay is applied to postions of comparable scoring. Position Current Official Clerk Position Scorine Revision Know-how Problem Solving Accountability Special Conditions w � W '/�� � `� •: m F Department U U U a U a U W U U ration D 11 98 D 3 50 C 2C 92 0 0 0 0 0 240 ration 141 D 3 50 D 2P 148 0 0 0 0 0 339 & Budding 112 141 D]a5D 2S 138 15 0 10 0 25 354 & Building 141 E D 21 117 0 0 0 0 0 324 Section A: Know How TABLE - KNOW HOW DEPTH AND BREDTH OF KNOWLEDGE REQUIRED COMPLEXITY LEVELS COMPLEXITY INDICATORS TASK ACTIVITY RELATED DIVERSE COMPREHENSI VERY LARGE AGENCY TOTAL MANAGEMENT OF HUMAN RELATIONS SKILLS Tl T2 T3 11 12 13 Ill 112 I13 ILII 1112 1113 IV] IV2 IV3 Vi V2 V3 VIl VI2 VI3 Advanced Vocational D 71 80 89 98 107 116 125 134 143 152 161 170 179 188 197 206 215 224 233 242 251 ELN - 9th to 12th grade PLUS additional specialized training, on or off the jpb TTTL - 2 to 4 years SL - Skilled technical to highly skilled trades; paraprofessionals; Basic Specialized E 94 106 117 129 141 153 165 176 188 200 212 224 235 247 259 271 283 294 306 318 330 ELN - Minimum of bachelors or master's degree plus professional experience; or equivalent exp is required at hire TTTL- SL - Some 2nd level and many advanced professionals, supervisors & managers Know How Sub -Section Activity I Activity No Change The vast majority of positions throughout State service are placed here. Most individual contributors and most supervisors are here; some managers are, too. Professional, supervisory and managerial positions are responsible for a singular function, e.g. Transit planning, budget and accounting. Know How Sub -Section Activity- Human Relations Skills I. Basic Current Description "General effectiveness that is ordinary for everyday life is a basic work consideration. Tact and courtesy are required, including conduct of relationships in which information is requested and provided." Indicators Tactful, with common courtesy Factual exchange of information Failure to exercise this level of skill will "make waves," cause problems, and eventually interfere with effective job performance Job -Specific Know -How is relatively MORE important than Human Relations Know -How Examples Automotive Mechanic Baker Carpenter Customer Services Specialist Delivery Van Driver Food Service Worker General Maintenance Worker Office and Admin Spec and Int Parks Worker Zoo Life Support Operator 2. Important Description "Alternative or combined skills in understanding, teaming with, collaborating with, and/or influencing other people are important and specific considerations to cause action or understanding by others." Indicators Regularly interact with others and interactions often require understanding of and sensitivity to others' points of view and assertiveness to influence outcomes May involve collaboration. Employees who assign, monitor and review others' work usually need at least this level of human relations skill Job -Specific Know -How is relatively EQUAL in importance to Human Relations Know -How Examples Most professional level positions Community Liaison Rep Food Inspector I Labor Investigator Employee Development Spec Personnel Officer Recreation Therapist Section C: Problem Solvine No Change TABLE -PROBLEM SOLVING CONTEXT Degree Thw,, in; Challenge 4 5 Standardized • As of 7/10, there were approx. 480 active job classes with this rating. The Problem Solving point mode at this level is 50 points, the median is 57 points. Examples include: o Entry level professionals o Most secondary professionals o Some third level professionals o Some first level supervisors D 25 38 90 62 75 ❑ Positions are guided by substantially diversified business or academic procedures and specialized standards. ❑ Changing priorities or differing situations encountered in the work environment allow the employee latitude to consider which among many procedures should be followed in what sequence to achieve the requiredjob results. Problem Solvin Sub -Section: Thinkin2 Challen e. 3 Interpretive • As of 7/10, there were approx. 1040 active job classes (about 60%) with this rating. Examples include: o More complex AFSCME positions o Most professionals and supervisors o Some managers o Some directors and executive directors • This level has been compared to an essay test situation, where more independent thought and creativity is involved. • Employees resolve differing situations requiring a search for solutions or new applications within the area of learned things. • Experience is needed to know the options and make sound judgments. • Employees need to be aware of and interpret choices; they're expected to have dealt with similar, but not always identical, situations before. • These jobs we confronted with problems that `fall in the cracks" and resolve them by "reading between the lines." • Solutions result from comparing problem elements to reference pointswithin one's own experience and then using one's judgment to match the appropriate prior decision. Section C: Accountability TABLE - ACCOUNTABILITY FREEDOM TO ACT / EMPOWERMENT Degree Magnitude 1 - Very Small or 2-S 1 3 - Medium 4 - Large 5 - Very Large 6 - - Job Impact Joblmpact 11 1C 1S 1P 21 2C 2S 2P 31 3C 3S 3P 41 4C 4S 4P Si SC SS SP 6I 6C 6S 6F C Standardized- Current • As of 7/10, there were approx. 575 active job classes with this • As of 7/10, there were approx. 310 active job classes with this rating. rating. Examples include: • These jobs we subject, wholly or in part, to standardized practices and procedures, general work instructions and/or supervision of o Some entry level professionals progress and results. C 50 58 67 75 83 92 100 108 117 125 133 142 150 158 167 175 183 192 200 208 217 225 233 242 • These employees usually perform a greater variety of tasks and o Most second level professionals duties and clearly understand, on a daily basis, what results are expected by the supervisor. o Some third level professionals • Employees are not permitted to deviate from standard practices and procedures, but may be permitted to set their own priorities, subject to the supervisor's approval. • These jobs we subject, wholly or in part, to practices and D E), Generally Regulated - New • As of 7/10, there were approx. 575 active job classes with this rating. Examples include: o Some entry level professionals o Most second level professionals o Some third level professionals o Some first level supervisors • These jobs we subject, wholly or in part, to practices and D 75 85 96 106 117 127 138 148 158 169 179 190 200 210 221 231 242 252 263 273 283 294 304 315 procedures covered by precedents or well-defined policy and/or supervisory review. • These employees are permitted to determine their own priorities and may deviate from established procedures and practices as long as the end results meet standards of acceptability (e.g., quality, volume, timeliness, etc.). • Supervision over work activities is usually indirect and review of work results usually occurs after the fact. Accountabilitv Sub -Section Maeinitnde I. Very small or indeterminate (ander $700;00 2.. Small :($700,000- $14 million) 3. Medium ($14 million - $140 million) 4. Large ($140 million - $1.4 billion) 5. Very Large ($1.4 billion - $14 billion) 6. (Over $14 billion) TIP: The operational budget numbers change as the Accountability Magnitude Index (AMI) changes. The current AMI is 7.0 (Oct 2004). This means that each of the dollar amounts on the Magnitude portion of the Accountability Guide Chart is adjusted in accordance with the current AMI by multiplying each number by 7.0 Accountability Sub -Section: C. Contributory - Current • As of 7/10, there were approx. 1025 active job classes (About 58%) with this rating. • Positions provide interpretive, advisory or facilitating services for use by others in taking action. • This type of Job Impact is appropriate where jobs are accountable for providing significant "advice and counsel" in addition to information and/or analysis, and when decisions are likely to be made by virtue of that counsel. • Such impacts are commonly found in staff or support functions that significantly influence decisions. • For example, a "product manager" may provide recommendations that, when acted upon, materially influence sales revenues; a labor relations specialist makes recommendations that "contribute" to union settlements of a given magnitude. • Positions are generally supportive in nature. • Position's role is to provide advice, counsel or recommendations to assist decision -makers and/or action takers. • This Job lmpact option is more direct than the "Indirect" option. S: Shared • As of 7/10, there were 10 active job classes with this rating, including the Governor's position. • Positions participate with peers within or outside the organizational unit to make decisions and take actions jointly; a basic rale is that "sharing" cannot exist vertically in an organization — it can only exist among peers. • Shared impacts can exist between peer jobs and/or functions, and suggest a degree of "partnership" in or joint accountability" for the results. • This option is rarely used; it's for equal partnership situations such as the Governor's shared decision-making with the Legislature or in self-directed work teams. • Responsibility and accountability are shared equally with others. • For example, there may be shared accountability between engineeringand manufacturing functions for a successful product. • A committee where each member has an equal vote is an example of shared accountability. • This Job Impact option is more direct than "Contributory" because these positions share direct accountability fairly equally. However, since it is shared, these positions have lower Job Impact than a position that is considered to be "Primary." • As of 7/10, there were approx. 510 active job classes with this.. rating. • Positions we directly accountable for making decisions and taking actions, directly or through subordinate positions, which determine and control the results. • Line management positions are generally considered to be controlling their own operating areas. • These positions control the Job Impact on end results, where any shared accountability with others is secondary. • Such impacts are commonly found in operations and managerial positions that have `line accountability" for key end result areas, whether they're large or small. • For example, a supervisor may be "primarily accountable" for the production or output (value added) of a unit within the context of available resources (e.g., human resources and controllable expenses); whereas the Minncor Vice -President of Operations may have a primary impact upon the total value added in the manufacture of products or upon costs of goods manufactured. • The key is that the job exists to have the controlling influence on certain end results of a given magnitude, and that accountability is not shared with others, i.e., `the buck stops here." • This is the most direct Job Impact option. Section D: Special Conditions No Change Exhibit C Wage Scales Compensation Plan Non -Union Employees Pay Grades and Steps For 2019 BUDGET Grade Start Step 1 Step 2 S ep 3 S ep 4 S ep 5 Step 6 S ep 7 Hourly Annual Hourly Annual Hourly Annual Hourly Annual Hourl Annual Hourly Annual Hourly Annual Hourly Annual 1 16.50 34,321.88 17.011 35,383.38 17.54 36,477.72 18.08 37,605.89 18.64 38,768.96 19.22 39,968.00 19.81 41,204.12 20.42 42,478.48 2 17.55 36,512.64 18.10 37,641.89 18.66 38,806.08 19.23 40,006.27 19.83 41,243.58 20.44 42,519.15 21.07 43,834.17 21.73 45,189.87 3 18.67 38,843.23 19.25 40,044.57 19.85 41,283.07 20.46 42,559.86 21.09 43,876.15 21.75 45,233.14 22.42 46,632.10 23.11 48,074.33 4 19.87 41,322.59 20.48 42,600.60 21.11 43,918.15 21.77 45,276.45 22.44 46,676.75 23.13 48,120.36 23.85 49,608.62 24.59 51,142.90 5 21.13 43,960.20 21.79 45,319.79 22.46 46,721.44 23.16 48,166.43 23.87 49,656.12 24.61 51,191.87 25.37 52,775.13 26.16 54,407.35 6 22.48 46,766.17 23.18 48,212.55 23.90 49,703.66 24.64 51,240.89 25.40 52,825.66 26.18 54,459.44 26.99 56,143.75 27.83 57,880.16 7 23.92 49,751.24 24.66 51,289.94 25.42 52,876.23 26.21 54,511.58 27.02 56,197.50 27.85 57,935.57 28.72 59,727.39 29.60 61,574.63 8 25.45 52,926.86 26.23 54,563.77 27.04 56,251.32 27.88 57,991.05 28.74 59,784.59 29.63 61,633.59 30.55 63,539.79 31.49 65,504.94 9 27.07 56,305.17 27.91 58,046.57 28.77 59,841.83 29.66 61,692.61 30.58 63,600.63 31.52 65,567.65 32.50 67,595.52 33.50 69,686.10 10 28.80 59,899.12 29.69 61,751.66 30.61 63,661.52 31.55 65,630.43 32.53 67,660.24 33.54 69,752.82 34.57 71,910.12 35.64 74,134.15 11 30.64 63,722.46 31.58 65,693.26 32.56 67,725.02 33.57 69,819.60 34.61 71,978.97 35.68 74,205.12 36.78 76,500.13 37.92 78,866.11 12 32.59 67,789.85 33.60 69,886.44 34.64 72,047.89 35.71 74,276.17 36.81 76,573.38 37.95 78,941.62 39.13 81,383.11 40.34 83,900.12 13 34.67 72,116.86 35.74 74,347.28 36.85 76,646.69 37.99 79,017.21 39.16 81,461.04 40.38 83,980.45 41.62 86,577.78 42.91 89,255.44 14 36.88 76,720.07 38.03 79,092.85 39.20 81,539.03 40.41 84,060.86 41.66 86,660.68 42.95 89,340.90 44.28 92,104.02 45.65 94,952.60 15 39.24 81,617.10 40.45 84,141.34 41.70 86,743.65 42.99 89,426.45 44.32 92,192.21 45.69 95,043.52 47.11 97,983.01 48.56 101,013.41 16 41.74 86,826.69 43.03 89,512.05 44.37 92,280.48 45.74 95,134.51 47.15 98,076.82 48.61 101,110.12 50.11 104,237.23 51.66 107,461.07 17 44.41 92,368.82 45.78 95,225.59 47.20 98,170.72 48.66 101,206.93 50.16 104,337.04 51.71 107,563.96 53.31 110,890.68 54.96 114,320.28 18 47.24 98,264.71 48.70 101,303.83 50.21 104,436.94 51.76 107,666.95 53.36 110,996.86 55.01 114,429.75 56.72 117,968.81 58.47 121,617.33 19 50.26 104,536.92 51.81 107,770.02 53.41 111,103.13 55.07 114,539.31 56.77 118,081.76 58.53 121,733.77 60.34 125,498.73 62.20 129,380.13 rolson\spreadsheets\asst\wages\2019 Non-union Pay steps Compensation Plan Local 12 Employees Pay Grades and Steps as of 01-01-2018 Grade Start O S ep 1 N o �m Step 2 0a m Step 3 C X Step 4 Step 5 03 Cr Step 6 2� S ep 7 rt ora Hourly Annual Hourly Annual Hourly Annual Hourly Annual Hourly Annual Hourly Annual Hourly Annual Hourly Annual 1 16.596 34,520.37 17.11 35,588.01 17.64 36,688.68 18.18 37,823.38 18.75 38,993.17 19.33 40,199.15 19.92 41,442.42 20.52 42,685.69 2 17.66 36,723.80 18.20 37,859.59 18.76 39,030.51 19.35 40,237.64 19.94 41,482.10 20.56 42,765.05 21.20 44,087.68 21.83 45,410.31 3 1 18.78 39,067.87 19.36 40,276.16 19.96 1 41,521.82 20.58 42,806.00 1 21.22 44,129.89 21.87 1 45,494.74 22.55 46,901.79 23.23 48,308.84 4 19.98 41,561.56 20.60 42,846.98 21.24 44,172.14 21.89 45,538.29 22.57 46,946.69 23.27 48,398.65 23.99 49,895.52 24.71 51,392.38 5 21.26 44,214.43 21.91 45,581.89 22.59 46,991.64 23.29 48,444.99 24.01 49,943.29 24.75 51,487.93 25.52 53,080.34 26.28 54,672.75 6 22.61 47,036.63 23.31 48,491.38 24.03 49,991.11 24.78 51,537.23 25.54 53,131.16 26.33 54,774.39 27.15 56,468.45 27.96 58,162.50 7 24.06 50,038.96 24.80 51,586.57 25.57 53,182.03 26.36 54,826.83 27.17 56,522.51 28.01 1 58,270.63 28.88 60,072.81 29.75 61,874.99 8 25.59 53,232.95 26.38 54,879.33 27.20 56,576.63 28.04 58,326.43 28.91 60,130.34 29.80 61,990.04 30.72 63,907.25 31.65 65,824.47 9 27.23 56,630.80 28.07 58,382.27 28.94 60,187.91 29.83 62,049.39 30.75 63,968.44 31.71 65,946.85 32.69 67,986.44 33.67 70,026.03 10 28.96 60,245.53 29.86 62,108.80 30.78 64,029.69 31.74 66,009.99 32.72 68,051.53 33.73 70,156.22 34.77 72,326.00 35.82 74,495.78 11 30.81 64,090.98 31.77 66,073.19 32.75 68,116.69 33.76 70,223.39 34.81 72,395.24 1 35.88 1 74,634.27 36.99 76,942.55 38.10 79,250.82 12 32.78 68,181.90 33.79 70,290.62 34.84 72,464.56 1 35.92 1 74,705.73 37.03 1 77,016.22 1 38.17 1 79,398.16 39.35 81,853.77 40.53 84,309.39 O N o �m 10 mo 0a m C X 0 N 03 Cr N 2� m rt ora 0 Compensation Plan Local 12 Employees Pay Grades and Steps as of 01-01-2019 Grade Start Sep 1 Step 2 Step 3 S ep 4 Step 5 Step 6 S ep 7 Hourly Annual Hourly Annual Hourly Annual Hourly Annual Hourly_Annual Hourly Annual Hourly Annual Hourly Annual 1 16.996 35,351.54 17.52 36,444.88 18.06 37,572.05 18.62 38,734.07 19.20 39,932.03 19.79 41,167.04 20.40 42,440.25 21.04 43,752.83 2 18.08 37,608.02 18.64 38,771.15 19.22 39,970.26 19.81 41,206.46 20.42 42,480.88 21.06 43,794.72 21.71 45,149.20 22.38 46,545.57 3 1 19.23 40,008.53 19.83 41,245.91 20.44 1 42,521.56 21.08 43,836.66 1 21.73 45,192.43 22.40 1 46,590.13 23.09 48,031.07 23.81 49,516.56 4 20.46 42,562.26 21.10 43,878.62 21.75 45,235.70 22.42 46,634.74 23.11 48,077.05 23.83 49,563.97 24.57 51,096.87 25.33 52,677.19 5 21.77 45,279.01 22.44 46,679.39 23.14 48,123.08 23.85 49,611.43 24.59 51,145.80 25.35 52,727.63 26.13 54,358.38 26.94 56,039.57 6 23.16 48,169.16 23.87 49,658.93 24.61 51,194.77 25.37 52,778.12 26.16 54,410.43 26.97 56,093.23 27.80 57,828.07 28.66 59,616.56 7 24.64 51,243.78 25.40 52,828.64 26.18 54,462.52 26.99 56,146.93 27.83 57,883.43 28.69 59,673.64 29.58 61,519.21 30.49 63,421.87 8 26.21 54,514.67 27.02 56,200.69 27.86 57,938.86 28.72 59,730.78 29.60 61,578.13 30.52 63,482.60 31.46 65,445.98 32.44 67,470.08 9 27.88 57,994.33 28.74 59,787.96 29.63 61,637.08 30.55 63,543.38 31.49 65,508.64 32.47 67,534.68 33.47 69,623.38 34.51 1 71,776.68 10 29.66 61,696.09 30.58 63,604.21 31.52 65,571.36 32.50 67,599.34 33.50 69,690.04 34.54 71,845.40 35.61 74,067.43 36.71 76,358.17 11 31.55 65,634.14 32.53 67,664.06 33.54 69,756.77 34.57 71,914.19 35.64 74,138.34 36.75 76,431.28 37.88 78,795.13 39.05 81,232.09 12 33.57 69,823.55 34.61 1 71,983.04 35.68 74,209.32 1 36.78 1 76,504.46 37.92 78,870.58 39.09 81,309.87 40.30 83,824.61 41.55 86,417.12 Compensation Plan Local 12 Employees Pay Grades and Steps as of 01-01-2020 Grade Start Sep 1 Sep 2 Step 3 Step 4 Step 5 S ep 6 S ep 7 Hourly Annual Hourly Annual Hourly Annual Hourly Annual Hourly Annual Hourly Annual Hourly Annual Hourly Annual 1 17.421 36,235.32 17.96 37,356.00 18.52 38,511.35 19.09 39,702.42 19.68 40,930.33 20.29 42,196.22 20.91 43,501.25 21.56 44,846.65 2 18.53 38,548.22 19.11 39,740.43 19.70 40,969.52 20.31 42,236.62 20.93 43,542.91 21.58 44,889.59 22.25 46,277.93 22.94 47,709.21 3 1 19.72 41,008.74 20.33 42,277.06 20.95 43,584.60 21.60 44,932.58 22.27 46,322.24 22.96 47,754.89 23.67 49,231.84 1 24.40 50,754.48 4 20.97 43,626.32 21.62 44,975.59 22.29 46,366.59 22.98 47,800.61 23.69 49,278.98 24.42 50,803.07 25.18 52,374.30 25.96 53,994.12 5 22.31 46,410.98 23.00 47,846.37 23.71 49,326.16 24.45 50,851.71 25.20 52,424.45 25.98 54,045.82 26.79 55,717.34 27.62 57,440.56 6 23.74 49,373.39 24.47 50,900.40 25.23 52,474.64 26.01 54,097.57 26.81 55,770.69 27.64 57,495.56 28.50 59,273.77 29.38 61,106.98 7 25.25 52,524.87 26.03 54,149.35 26.84 55,824.08 27.67 57,550.60 28.52 59,330.52 29.41 61,165.48 30.32 63,057.19 31.25 65,007.42 8 26.86 55,877.53 27.70 57,605.70 28.55 59,387.33 29.43 61,224.05 30.34 63,117.58 31.28 65,069.67 32.25 67,082.13 33.25 69,156.84 9 28.58 59,444.18 29.46 61,282.66 30.37 63,178.01 31.31 65,131.97 32.28 67,146.36 33.28 69,223.05 34.31 71,363.97 35.37 73,571.10 10 30.40 63,238.49 31.34 65,194.32 32.31 67,210.64 33.31 69,289.33 34.34 71,432.30 35.40 73,641.54 36.50 75,919.11 37.63 78,267.12 11 32.34 67,274.99 33.34 69,355.66 34.38 71,500.68 35.44 73,712.05 36.53 75,991.80 37.66 78,342.06 38.83 80,765.01 40.03 83,262.90 12 34.41 71,569.14 35.47 73,782.61 36.57 76,064.56 37.70 78,417.07 38.87 80,842.34 1 40.07 83,342.62 41.31 85,920.22 42.59 88,577.55 AGENDA ITEM Item No.: 15 Item Description: 2018 Audit Presentation Date: August 12, 2019 Presenter: Ronald Olson, Finance Director Agenda Presentation Section: 1. Purpose. The purpose of this item is to publically present the 2018 audit and Comprehensive Annual Financial Report (CAFR) to the Council and public. 2. Background. Upon completion of the annual audit, the City's auditors publically present the results to the Mayor and Council. Michelle Hoffman from Clifton Larson and Allen is here tonight to present the 2018 audit results. COUNCIL ACTION REQUESTED: No action is required. This is an information item only. Prepared By: qx Reviewed By: -Sbja Approved By: 5b)X AGENDA ITEM Item No.: 16 Date: August 12, 2019 Item Description: LAI 9-000047 — Scott Gates o/b/o Kruckeberg Real Estates, 4400 Deering Island, Comprehensive Plan Amendment, Amend MUSA Boundary Presenter: Jeremy Barnhart, AICP Agenda Planning Department Community Development Director Section: Report 1. Purpose. To consider an amendment to the Comprehensive Plan by expanding the MUSA boundary. 2. Background The applicant, on behalf of the property owner, requests incorporation of 4400 Deering Island into the City of Orono's Municipal Urban Service Area (MUSA). This designation would allow the property to connect to sanitary sewer services. The City of Mound would provide the connection and treatment of the sanitary sewer. The Comprehensive Plan does contemplate the expansion of the MUSA boundary, via 6 priorities. The subject parcel appears to satisfy the IIt priority, as the island is completely surrounded by the lake. Full analysis is provided in the attached Planning Commission staff report. The Council most recently expanded the MUSA for the 1003 Wildhurst property, citing that parcel's proximity to the Lake, as part of the 2040 Comprehensive Plan update. Expanding the MUSA to include the subject parcel does not suggest or imply an expansion or increase of density. No changes to the land use or zoning are proposed with this application. 3. Planning Commission Vote and Comment. The Planning Commission held a public hearing on the issue on July 15, 2019. The Commission supported the request. With a vote of 6-0. 4. Public Comment. No comments for or against the proposal have been received. 5. Staff Recommendation. Staff recommends approval of the Community Management Plan amendment as proposed. COUNCIL ACTION REQUESTED City Council should review the approval resolution and adopt or amend. Exhibits A. Resolution B. PC Staff Report 7-15-19 C. PC Minutes (draft) 7-15-19 D. Comp Plan Excerpt E. Narrative F. Map References PC Staff Report & Exhibits 7-15-19 Prepared By: J. Barnhart Reviewed By: -Sb)R Approved By: -TV CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. A RESOLUTION GRANTING PRELIMINARY APPROVAL OF AMENDMENT #1 OF THE ORONO 2040 COMMUNITY MANAGEMENT PLAN: 4400 DEERING ISLAND FILE #LA19-000047 WHEREAS, the City of Orono (hereinafter "City") is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, in June 2019 the Orono City Council adopted the 2040 Orono Community Management Plan (hereinafter "CMP" or "the Comprehensive Plan") to provide for the orderly development of the City, in compliance with the Metropolitan Land Planning Act of 1976 and Minnesota Statutes Chapters 462 and 473; and WHEREAS, the Comprehensive Plan identifies areas within the Municipal Urban Service Area (MUSA); and WHEREAS, the Comprehensive Plan contemplates the expansion of the MUSA boundary from time to time through developed priorities; and WHEREAS, the property addressed as 4400 Deering Island (PID 18-117-23- 31-0001), an island in Lake Minnetonka, requests expansion of the MUSA boundary to incorporate the island; and WHEREAS, this request was reviewed as Land Use Application LA 19 - 000047); and WHEREAS, in light of the above application the Orono Planning Commission pursuant to published and written notice held a public hearing on July 15, 2019 and on a vote of 6-0 recommended that the 2040 Community Management Plan be amended to expand the MUSA boundary to include 4400 Deering Island; and WHEREAS, the impact on Metropolitan Councils density calculations are negligible, changing the predicted density of the urban area from 4.16 to 4.11 units per acre; the average density remains higher than 3.0 units per acre; and WHEREAS, it is anticipated based on calculations by City that this property Pagel of 2 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. can be added to the MUSA through a Metropolitan Council administratively -approved amendment to the CMP. The amendment should be considered as exempt from the 60 -day comment period by adjacent jurisdictions because it is less than 40 acres in area, it does not change any Metropolitan Growth Forecasts, and is further from adjacent jurisdictions than the City's standard notification distance. NOW, THEREFORE, BE IT RESOLVED that the Orono City Council conditionally approves an amendment of the 2040 Community Management Plan to expand the MUSA boundary to incorporate 4400 Deering Island, subject to Metropolitan Council review and approval, and directs City staff to prepare such an amendment and submit it to the Metropolitan Council for review and approval. Adopted by the City Council of Orono, Minnesota this 12th day of August, 2019. ATTEST: Anna Carlson, City Clerk Dennis Walsh, Mayor Page 2 of 2 Date Application Received: June 17, 2019 Date Application Considered as Complete: June 19, 2019 60 -Day Review Period Expires: August 18, 2019 To: Chair Ressler and Planning Commission Members Dustin Rief, City Administrator From: Jeremy Barnhart, Community Development Director Date: July 15, 2019 Subject: #LA19-000047, Scott Gates o/b/o Kruckeberg Real Estate Holdings LLC, 4400 Deering Comprehensive Plan Amendment: Expand Metropolitan Urban Service Area Public Hearing Application Summary: The applicant is requesting modification to the 2040 Community Management Plan, expanding the Metropolitan Urban Service Area (MUSA) boundary to incorporate Deering Island. Staff Recommendation: Planning Department Staff recommends approval as proposed. Background The applicant, representing the owner, is requesting incorporation of Deering island into the city of Orono's MUSA boundary. This expansion would allow them to be served by municipal sanitary sewer services. Service would be provided by the City of Mound. Deering Island is a 2.79 acre island located in West Arm Bay about 460 feet from land within the city of Mound. The property owner of Deering Island also owns the most adjacent parcel in Mound, through which a service line would be extended, connecting to Mounds system. This project was the subject of a concept review in February, 2019, which was generally supported. Minutes from that meeting are attached as Exhibit F. A formal application to amend the Community Management Plan could not be processed until the Met Council approved the plan, which occurred in June, 2019. FILE #LA19-000047 July 15, 2019 Page 2 of 3 Analysis The Comprehensive Plan, in Chapter 4B, provides guidance for considering MUSA boundary expansions, attached as Exhibit E. Included within the narrative is table 46-12, which lists priorities when considering expansion requests: Table 413-12; MUSA Expansion Priorities Priority 1 Properties that abut the shoreline of Lake Minnetonka and all other Orono lakes Properties that abut City -protected tributaries, and all other properties within the Priority 2 5horeland Overlay District Existing substandard developed lots not covered by Priorities 1 and 2 and developed prior to 1985 that have failing septic systems abd do not have an alternative site available Priority 3 to replace said system. Priority 4 New development using clustering that permanently preserves blocks of open space. Conforming developed lots not covered by Priorities 1 and 2 and developed prior to 1985 that have failing septic systems and do not have an alternative site available to replace Priority 5 said system. Priority fi New or existing development not covered by prioritises 1, 2, 3, 4, or 5. 4400 Deering Island meets Priority 1. The Comp plan considers conditions: Conditions Expansion of the MUSA on the established prioritized basis noted above will occur only when one of the folloNviing conditions is found: 1. When an area of existing houses has failing or non-conforliung septic systems and replacement drain field sites are not available for a significant share of the existing homes. 2. When an individual home has a failing or 11011 -conforming septic system. does not have an alternate drain field site. is adjacent to existing sewer lines. aid is not part of a neighborhood that could be better served by a 11eighborhood sewer lateral project. When a new Or existing residential development meeting all required development standards is adjacent to existing sewer lines and the developer or homeowners agree to bear all costs of extending municipal sewer to the development. but only when inclusion of such development in the MUSA will not result in a decrease in the City's severed density as calculated by the Metropolitan Council. Condition 1 is met, as the site was determined to be non-compliant in 2001 due to vertical separation with the water table replacement sites would require significant tree removal. Density. Expansion of the MUSA boundary does not inherently increase the density of a given parcel; MUSA boundary and land use is independent. The property is currently zoned seasonal residential, which requires a 5 acre minimum lot size. The 2.79 acre parcel is non -conforming. Subdivision to create additional lots would require a variance, the City Council has historically not supported such variances. The applicant has not indicated a desire to subdivide or add additional housing units. FILE #LA19-000047 July 15, 2019 Page 3 of 3 Engineer Comments During the concept review, the issue of how the service line will be extended was raised, with some concern regarding impact to the lake. Final engineering must be approved by the Minnesota State DNR, as the service line will be under the lake bed. Staff recommends that an agreement with the City of Mound be formally adopted prior to the amendment taking effect. Public Comments To date, no public comments have been received. Issues for Consideration 1. Does the Planning Commission find that the proposal satisfies that standards suggested by the Community Management Plan. 2. Are there any other issues or concerns with this application? Planning Staff Recommendation Planning Staff recommends approval as proposed. List of Exhibits Exhibit A. Application Exhibit B. Narrative Exhibit C. Existing Survey Exhibit D. Mound informational letter Exhibit E. MUSA boundary discussion, Chapter 4B excerpt Exhibit F. Minutes from CC meeting 3-11-19 Exhibit G. Public Notice information MINUTES OF THE ORONO PLANNING COMMISSION Monday, July 15, 2019 6:30 o'clock p.m. 2. LA19-000047 SCOTT GATES, 4400 DEERING ISLAND, COMPREHENSIVE PLAN AMENDMENT, 6:37 P.M. — 6:52 P.M. Scott Gates, Applicant, was present. Barnhart stated the applicant is requesting modification to the 2040 Community Management Plan to expand the Metropolitan Urban Service Area boundary to incorporate 4400 Deering Island. This expansion would allow them to be served by municipal sanitary sewer service. The nearest city is Mound, who has indicated they would be willing to provide service. The applicant is working on behalf of the owner, who also owns the adjacent land in the City of Mound, so it would be an easy connection from there to Deering Island. The line would be burrowed under the lakebed and would need to be approved by the DNR. The question that arises whenever the City adds a property to the MUSA is the impact on the City's overall density. The property is currently zoned seasonal residential, which requires a 5 -acre minimum lot size. The lot consists of 2.7 acres. This proposal will not increase the density and any subdivision to create additional lots would require a variance, which the City Council has historically not supported. The Comprehensive Plan does anticipate expansion of the MUSA boundary and identifies six priorities. The first priority is that the properties abut the shoreline of Lake Minnetonka and all other Orono lakes, which this property does. Expansion of the MUSA on the established priorities outlined in Staff's report will occur only when one of the following conditions is found: 1. When an area of existing homes has failing or non -conforming septic systems and replacement drain field sites are not available for a significant share of the existing homes. 2. When an individual home has a failing or non -conforming septic system, does not have an alternate drain field site, is adjacent to existing sewer lines, and is not part of a neighborhood that could be better served by a neighborhood sewer lateral project. 3. When a new or existing residential development meeting all required development standards is adjacent to existing sewer lines and the developer or homeowners agree to bear all costs of extending municipal sewer to the development, but only when inclusion of such development in the MUSA will not result in a decrease in the City's sewered density as calculated by the Metropolitan Council. The site was determined to be non-compliant in 2001 due to vertical separation with the water table. Replacement septic sites would require significant tree removal. From Staff's perspective it meets the first priority and the condition imposed in the Comprehensive Plan. Staff recommends approval of the request. Ressler asked whether Orono has to govern installation of the line. Barnhart indicated it would be regulated by the DNR. Ressler stated it appears that all the Planning Commission is discussing tonight is modification of the Comprehensive Plan to expand the MUSA boundary. Page 1 of 3 MINUTES OF THE ORONO PLANNING COMMISSION Monday, July 15, 2019 6:30 o'clock p.m. Barnhart stated expansion of the MUSA would help create safe sanitary service near the lake and city sanitary sewer is the preferred option. Just because Orono is expanding the MUSA, that does not mean the City has to provide the service. Erickson stated he is totally in favor of expanding the MUSA. Erickson asked whether consideration has been given to the existing depth of the water and that he does not want this to create a navigation issue. Barnhart stated it is his belief the DNR will be reviewing that. Ressler asked if this approval would be contingent upon those other approvals. Barnhart stated the Planning Commission's recommendation would be to amend the Comprehensive Plan and that any permit would be conditioned upon the requirements of the DNR and the City. Scott Gates, Applicant, stated he is here to answer any questions and that he has appeared before the Planning Commission previously on this application. The pipe will need to go ten feet below the surface of the water, but that could be subject to change if some type of obstacle is encountered. The pipe basically has to be below the bottom of the lakeshore. Gates indicated there would be a joint operating agreement with the City of Mound and the City of Orono. This will be considered a private service and that basically Mound will allow a connection at the street and the owner will be responsible for the maintenance of the pipe. What is before the Planning Commission this evening is a Comprehensive Plan Amendment asking the Metropolitan Council to amend Orono's Comprehensive Plan. Once that approval is received, the property owner will need to apply for permits. Gates stated long term this is a good solution and that whenever you are on the lake and you can eliminate a septic system, it makes sense. Chair Ressler opened the public hearing at 6:48 p.m. There were no public comments. Chair Ressler closed the public hearing at 6:48 p.m. Gettman commented it is a pretty straight forward request and that he does not see any issues with the application. Bollis stated he is in agreement and it makes a lot of sense to eliminate a septic system on the lake whenever possible. Erickson stated he appreciates the applicant's willingness to take a long-term approach to this. Libby indicated he is in favor of this because there has been conscientious consideration of the environmental impacts by the applicant and that the technology used nowadays has gotten substantially better over the years. Libby stated he would be in favor of it provided all the other authorities approve of the request. Page 2 of 3 MINUTES OF THE ORONO PLANNING COMMISSION Monday, July 15, 2019 6:30 o'clock p.m. McCutcheon stated he is in favor of the Comprehensive Plan Amendment. Ressler stated as the applicant indicated, this septic line is very similar to a long driveway and that there is no risk to the City since the homeowner has agreed to be responsible for the future maintenance of the line. Libby moved, Gettman seconded, to recommend approval of Application No. LA19-000047, Scott Gates, 4400 Deering Island, Comprehensive Plan Amendment, subject to an agreement with the City of Mound being formally adopted prior to the amendment taking place. VOTE: Ayes 6, Nays 0. Jon Ressler, Chair Page 3 of 3 CMP Part 4B. Sanitary Sewer Plan Table 413-11: Recently Completed I & I Reduction Projects Project Description Cost 2013 Sewer Lining of 4288 Feet of Gravity main; $ 136,786.00 Rehabilitation Manhole lining and joint sealing 2014 Sewer Lining of 4000 Feet of Gravity main; 4 $ 239,167.00 Rehabilitation Manhole rehabilitations 2015 Sewer Lining of 4,915 Feet of Gravity main; 35 $ 246,198.00 Rehabilitation Lateral linings; 11 Manhole rehabilitations 2016 Sewer Lining of 6,091 Feet of Gravity main; 20 $ 215,177.00 Rehabilitation Manhole joint sealed 2017 Sewer $ 213,338.00 Rehabilitation Lining of 5,026 Feet of Gravity main GOALS AND POLICIES Goals 1. To provide an adequate, safe level of sewage treatment and waste water disposal for all residences and other occupied properties in the City. 2. To protect Lake Minnetonka, other lakes and streams, surface and ground waters from sewage effluent pollution. 3. To achieve the above goals within the financial capabilities of the City and its citizens without becoming an intolerable burden on the landowners or taxpayers. Policies 1. The primary method of sewage treatment and disposal within the Urban Service Area will be municipal sewer. 2. The primary method of sewage treatment and disposal within the Rural Area will be individual on-site systems, because: a. The cost of providing municipal sewer service to the Rural Area is high due to the low density of development and due to the varied topography. b. Development of the Rural Area at densities which would keep the cost of municipal sewer low, would be counterproductive to the City's primary goal of protecting Lake Minnetonka and other Orono lakes. The Metropolitan Urban Service Area (MUSA) boundary in Orono will define areas where sewer exists or where it may be extended to serve existing or new development, but will not define the areas where general urban services will be provided, and it will not define the boundary between higher density and low-density development. City of Orono Community Management Plan 2020-2040 Part 4B, Page 12 CMP Part 4B. Sanitary Sewer Plan 4. Orono will provide municipal sewer extensions to lakeshore areas and non-lakeshore areas within the MUSA when it is determined that municipal sewer is preferable to long-term use of on-site sewage treatment systems. 5. The costs of extending municipal sewer to existing neighborhoods will be borne primarily by the property owners being served. 6. The costs of extending municipal sewer to serve new residential and nonresidential development will be borne entirely by the developer. FUTURE SA NITA R Y SE WER SYSTEM Orono's Plan for future sewer facilities includes upgrades to certain existing local sewer facilities, expansions of the system to service properties currently in the MUSA, and retrofitting a small number of existing neighborhoods with municipal sewer service. These system improvements and expansions are not expected to require additional capacity allocation in metropolitan sewer facilities. MUSA Expansion The city proposes a minor expansion of the MUSA within the time period covered by this plan. This addition is shown on Map 4B-2 as area 51. Future demands on the sanity sewer system will come as areas within the existing MUSA develop. While the City has no staged development plan, and currently has not scheduled projects outside the existing MUSA, any future MUSA expansions will be considered within the context of the following guidelines: The city will use the priorities outlined in Table 4B-12 to assess whether or not to request a MUSA expansion from the Metropolitan Council. Table 46-12: MUSA Expansion Priorities Priority 1 Properties that abut the shoreline of Lake Minnetonka and all other Orono lakes Properties that abut City -protected tributaries, and all other properties within the Priority 2 Shoreland Overlay District Existing substandard developed lots not covered by Priorities 1 and 2 and developed prior to 1985 that have failing septic systems abd do not have an alternative site available Priority 3 to replace said system. Priority 4 New development using clustering that permanently preserves blocks of open space. Conforming developed lots not covered by Priorities 1 and 2 and developed prior to 1985 that have failing septic systems and do not have an alternative site available to replace Priority 5 said system. Priority 6 New or existing development not covered by priorities 1, 2, 3, 4, or 5. City of Orono Community Management Plan 2020-2040 Part 4B, Page 13 CMP Part 413. Sanitary Sewer Plan Conditions Expansion of the MUSA on the established prioritized basis noted above will occur only when one of the following conditions is found: When an area of existing homes has failing or non -conforming septic systems and replacement drain field sites are not available for a significant share of the existing homes. 2. When an individual home has a failing or non -conforming septic system, does not have an alternate drain field site, is adjacent to existing sewer lines, and is not part of a neighborhood that could be better served by a neighborhood sewer lateral project. 3. When a new or existing residential development meeting all required development standards is adjacent to existing sewer lines and the developer or homeowners agree to bear all costs of extending municipal sewer to the development, but only when inclusion of such development in the MUSA will not result in a decrease in the City's sewered density as calculated by the Metropolitan Council. Future Sanitary Sewer Improvements The City's focus on future sanitary sewer needs will be on a limited number of extensions to service new developments within the existing urban area/ MUSA and maintenance to include I&I mitigation of the existing system. Future Sewer Expansion Proiects Table 4B-13 below lists possible future sewer expansion projects. Project #4 listed below may include a new connection to a MCES collector. Table 4B-13: Projects Improvement Projected Year of Triggering Completion Event Orono Preserve Development - Sewer main to 1 serve 39 new homes 2018 Subdivision Shadywood Villas Development - Sewer main to 2 serve 7 single family homes 2018 Subdivision Brackets Point Sewer Main replacement - Replacement of existing gravity main with a 3 forcemain and lift station, away from the lake 2018 Subdivision CSAH 112 Sewer Main Extension - Extension of sewer main west along CSAH 112 from Old Crystal Bay Road to serve future developments planned on CSAH 4 the south side of CSAH 112. 2019 turnback 5 Wildhurst 2019 Subdivision City of Orono Community Management Plan 2020-2040 Part 411, Page 14 MUSA EXTENSION - DEERING ISLAND 4400 Deering Islano Orono, MN 55364 Hennepin County PROPERTY DATA: 3.02 +/- acres Island on Lake Minnetonka Includes an appx. 1,100 sq ft 2BR one level home Electric is run from mainland Water (well) and sewer (septic system) Zoning is "Seasonal Recreation" thru City of Orono MUSA EXTENSION PROPOSAL — DEERING ISLAND The 4400 Deering Island property is now under common ownership with the property directly across the channel to the West at the end of Shorewood Lane in Mound, MN. The island has a private well and septic system at present. The septic system is older and was planned to be upgraded by the new owner at some point. The Mound property is currently undergoing reconstruction, and during meetings with the City of Mound a suggestion was made by Mound staff that city services could possibly be run to the island during construction of the Shorewood Lane property. Mound staff, including Planning and Public Works have indicated a willingness to provide City utility services to Deering Island, provided the City of Orono agreed and approved. It was identified that a requirement of approval would include extending MUSA boundaries to include Deering Island. An informal conversation with the Met Council indicated such an extension would be possible. In speaking with City of Orono staff, it appears an extension of City services to the island would be consistent with Orono's policy of providing lakeshore properties with municipal sewer (and water). The owners representatives have investigated feasibility of this project and found it possible, and potentially favorable. The island is appx. 475 feet from shoreline to shoreline from the owners Mound property. Extending services would involve directional boring, under the lake bottom, an estimated appx. 650 feet in total. It appears costs will be higher than replacing existing septic (and possibly well), but considering the other benefits and long term value the higher cost may be justified. The first step in this process would be Orono approving a Comprehensive Plan Amendment to extend MUSA boundaries to include Deering Island. Once approved by Orono application would be made to Met Council. Our understanding in speaking with Met Council and others is this is a relatively simple process, often a simple administrative action, however, due to their ongoing 2040 Comp Plan amendment process, it may take significant additional time than normal. Boring contractors have indicated a preference in doing this work during winter conditions. The new construction on the Shorewood property is expected to be complete and new landscaping installed by fall 2019. If this boring project cannot be undertaken until winter 2019, it will require disruption of that new landscaping, and as such completing the approval process as quickly as possible is a priority. Once approved by the City of Orono and Met Council, the following actions would also be completed; a joint agreement between Orono and Mound to provide Mound municipal services, a permit from the DNR, a SAC(MAC) fee determination would be made, and construction permits would be obtained. The owners respectfully ask the City of Orono to consider this request for MUSA extension at it's earliest convenience, and, if approved, submission of a Comp. Plan Amendment to extend MUSA boundaries to include the Deering Island property be submitted for approval to the Met Council. Scott Gates Owners Representative 612-670-7268 scottagates@msn.com Hennepin County Property Map Date: 7/26/2019 PARCEL ID: 1811723310001 OWNER NAME: Kruckeberg Re Est Hldgs Llc PARCEL ADDRESS: 4400 Deering Island, Orono MN 55364 PARCEL AREA: 2.79 acres, 121,438 sq ft A -T -B: Torrens SALE PRICE: $915,200 SALE DATA: 03/2003 SALE CODE: Warranty Deed ASSESSED 2018, PAYABLE 2019 PROPERTY TYPE: Seasonal -Residential Rec HOMESTEAD: Non -Homestead MARKET VALUE: $835,000 TAX TOTAL: $9,852.30 ASSESSED 2019, PAYABLE 2020 PROPERTY TYPE: Seasonal -residential Rec HOMESTEAD: Non -homestead MARKET VALUE: $835,000 Comments: This data (i) is furnished 'AS IS' with no representation as to completeness or accuracy; (ii) is furnished with no warranty of any kind; and (iii) is notsuitable for legal, engineering or surveying purposes. Hennepin County shall not be liable for any damage, injuryorloss resulting from this data. COPYRIGHT © HENNEPIN COUNTY 2019 AGENDA ITEM Item No.: 17 Date: August 12, 2019 Item Description: LAI 9-000048 — Premium Construction LLC, 2967 Casco Point Road, Variance — Resolution Presenter: Laura Oakden Agenda Planning Department Planner Section: Report 1. Purpose. The applicant is requesting average lakeshore setback, hardcover, lot area and lot width variances. 2. Background. The applicant is proposing to remove the existing home and detached garage and build a new home with an attached garage. The average lakeshore setback (ALS) is unique for this property due to the neighboring lot to the north. That lot is flag shaped with the buildable portion set much further back. Due to this configuration, the subject lot is not buildable without an ALS variance. The current home is nonconforming due to this extreme setback and hardcover. The applicants are proposing to build the new home with more massing forward of the average lakeshore setback compared to what is there today. The proposal also requires lot area, lot width and hardcover variances. The hardcover will decrease from the current level (30.5% to 29.5%) with the proposed plan but will remain over the 25% maximum. 3. 15.99 Deadline. The application was deemed complete on July 1, 2019. The 60 -day review period ends on August 30, 2019. 4. Planning Commission Vote and Comment. The Planning Commission reviewed and discussed the request. The Commission voted (5-1, Ressler) to recommend approval of the requested variances. 5. Public Comment. Neighbor submitted acknowledgement signatures. The applicant referenced support from the adjacent letter. No written confirmation of this support has been received. 6. Staff Recommendation Staff recommends approval with engineer's comments for the lot area, lot width and hardcover variances. Staff recommends approval of the requested average lakeshore setback. COUNCIL ACTION REQUESTED Council should consider a motion to adopt or amend the approval resolution. Exhibits A. Draft Resolution B. Proposed Plans C. Draft PC Minutes D. PC Staff Report References PC Exhibits A. Application B. Practical Difficulties Documentation Form C. Existing & Proposed Survey/Site Plan D. Proposed Plans and Elevations E. Submitted Hardcover Calculations F. Staff Annotated Survey G. Neighbor Property Signatures K Plat Map and Addresses Prepared By: Laura Oakden Reviewed By: J. Barnhart Approved By -Sb�GZ CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. A RESOLUTION APPROVING A VARIANCE FROM MUNICIPAL ZONING CODE SECTION 78-350,78-1279, 78-1700 FILE NO. LA19-000048 WHEREAS, on July 1, 2019, Premium Constuction LLC, ("Applicant"), applied for a variance from the City Code for the property addressed 2967 Casco Point Road and legally described as: (hereinafter the "Property"); WHEREAS, the Applicants have made application to the City of Orono for a variance to Orono Municipal Zoning Code Section 78-350 for lot area and lot width to allow the development of an undersized lot; and WHEREAS, the Applicants have made application to the City of Orono for a variance to Orono Municipal Zoning Code Section 78-1279 to allow for the home to be built forward of the average lakeshore setback ; and WHEREAS, the Applicants have made application to the City of Orono for a variance to Orono Municipal Zoning Code Section 78-1700 to allow for hardcover to exceed 25% to 29.5%; and WHEREAS, on July 15, 2019, 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 July 15, 2019, the Planning Commission recommended approval of the variances; and WHEREAS, on August 12, 2019, the City Council reviewed the application and the recommendations of the Planning Commission and City staff; and NOW, THEREFORE, BE IT RESOLVED that the City Council of Orono, Minnesota hereby approves the requested variance as described above based on one or more of the following findings of fact concerning the Property: FINDINGS OF FACT: CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 1. This application was reviewed as Zoning File #LA19-000048. The analysis contained within staff memos and the exhibits attached to the aforesaid memos, all minutes from the above mentioned meetings, and any and all other materials distributed at these meetings are hereby incorporated by reference. 2. The Property is located in the LR -1C Zoning District. 3. The Property contains 0.48 acres in area and has a defined lot width of 78 feet. 4. The Property is within Tier 1 and hardcover is limited to 25 % according to the Stormwater Quality Overlay District. 5. Applicant has applied for the following variance[s]: a. Lot Area b. Lot Width c. Average Lakeshore Setback d. Hardcover 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: "Variances shall only be permitted when they are in harmony with the general purposes and intent of the ordinance ...." The proposed variances are in harmony with the purpose of the Ordinance. The lot includes difficulties in its substandard size and width, and location of adjacent homes. 2. "Variances shall only be permitted . . . when the variances are consistent with the comprehensive plan." The proposed variances to develop a nonconforming lot of record 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. CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. The request to permit construction of the home on the substandard lot, exceeding 25% and average lakeshore setbacks, appears to be reasonable as the property's nonconforming size, the neighboring homes' orientation with respect to the lakeshore, and adjacent properties creates difficulties. The hardcover level decreases overall from existing levels and the home is set to meet all other setbacks. b. The plight of the landowner is due to circumstances unique to his property not created by the landowner. The nonconforming lot size and the neighboring home locations prevent a residential footprint consistent with the neighborhood. The proposed overall hardcover level will decrease with the new proposed plan. The circumstances are unique to the property; and c. The variance, if granted, will not alter the essential character of the locality. " The variances are requested in order to permit construction of a home designed to fit the character of the neighborhood according to the submitted information. 4. "Economic considerations alone do not constitute practical difficulties." Economic considerations have not been a factor in the variance approval determination. 5. "Practical difficulties also include but are not limited to inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth -sheltered construction as defined in Minn. Stat. § 216C.06, subd. 2, when in harmony with Orono City Code Chapter 78." This condition is not applicable 6. "The board or the council may not permit as a variance any use that is not permitted under Orono City Code Chapter 78 for property in the zone where the affected person's land is located." This condition is not applicable, as the use for a residential home is an allowed use in the LR -1C 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 property's substandard size and orientation and the setback from the lake of the adjacent homes creates difficulties for the Owners in redeveloping the property consistent with the homes in their neighborhood. CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 9. `The conditions do not apply generally to other land or structures in the district in which the land is located." The property's nonconforming size and the relationship between the existing home and the setback of the adjacent properties create difficulties for the owners. 10. "The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant." Granting lot area, lot width, average lakeshore and hardcover variances are necessary for the preservation of the property right of the applicant. 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 hardcover, lot area, lot width and average lakeshore setback variances in this unique situation is not 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 requested variances for lot width, lot area, and average lakeshore set setback are necessary, and do not merely serve as a convenience to the applicant. 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 78-350, 78-1279, 78-1700 to allow the development of a single family home, 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 with revision dated June 30, 2019 and building plans submitted by the Applicants and annotated by City staff, attached to this Resolution as Exhibits A. 3. Any amendments to the plans which are not in conformity with City codes may require further Planning Commission and City Council review. 4. Authorities granted by this resolution run with the Property not with the Applicants, but are permissive only and must be exercised by obtaining a building permit for the new construction and commencing construction of said project. A framing inspection must be completed within one year of the date of Council approval, or the variance will expire on that date (August 12, 2020). CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 5. Violation of or non-compliance with any of the terms and conditions of this resolution may result in the termination of any authority granted herein. ADOPTED by the Orono City Council on this day of 20_ ATTEST: CITY OF ORONO: Anna Carlson, City Clerk Dennis Walsh, Mayor , 0�6 0JV6 �s 116 x -i= Z m g_0 e D z - - % 9 - (;,, E. 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ORONO, MN -ell $1 8200'00" E Lo cr co ? x k nnoa CA0 Z of GT " 00 20 +�Pcz 0 06°6 SooaQ A r D Z `c JJ `cN mCzy m � gym_ No o= NEW HOME FOR THE OARS RESIDENCE 2967 CASCO POINT RD. ORONO, MN r__________ ____� I I I I I I I I I I I I I I I I I I I I I I I I I I I NEW HOME FOR THE OARS RESIDENCE 2967 CASCO POINT RD. ORONO, MN p `c JJ `cN _ =y X y m n y n NEW HOME FOR THE OARS RESIDENCE 2967 CASCO POINT RD. ORONO, MN p NEW HOME FOR THE OA" RESIDENCE 2967 CASCO POINT RD. ORO«O MN NEW HOME FOR THE OARS RESIDENCE 2967 CASCO POINT RD. ORONO, MN A m D A m r m D A O N A m m N_ 0 m z =y z X y m m y n NEW HOME FOR THE OARS RESIDENCE 2967 CASCO POINT RD. ORONO, MN A m D A m r m D A O N A m m N_ 0 m R II O i I I � � II II II II , II II II �� II D O ElII II El II m N Q iiM II m A ii O II _ . - m m r I I ii A - � �I ii m i� LLI 0 0 0 m1 ® 0 '— I, El < D m < O , , II D II II EEI II II ------------ r II II m II N o II II LLI m II T o II II II II V � II II — II II II II II FE -El II II MET ILLI I H r II r I II I I II I 0 I� — � Au � u1 o II— ------ H III II II II ------------ IEHI II II II II II II II II L-1 L — 1 I L-11 I Ll L� I� II I� I� `c JJ `cN m NEW HOME FOR THE C�1 m m y OARS RESIDENCE 2967 CASCO POINT RD. ORONO, MN 3. LA19-000048 PREMIUM CONSTRUCTION, 2967 CASCO POINT ROAD, VARIANCE 6:52 P.M. — 7:15 P.M. Robert Schmidt, Premium Construction, was present. Oakden stated the applicant is requesting an average lakeshore setback, hardcover lot area, and lot width variances to construct a new home. As part of the project, the existing home and detached garage will be removed. The proposal also requires lot area, lot width, and hardcover variances. The average lakeshore setback is unique for this property due to the neighboring lot to the north. This lot is flag shaped, with a long narrow finger providing the lake frontage and the buildable portion set much further back. Due to this configuration, the subject lot is not buildable without an average lakeshore setback variance. The current home is nonconforming due to this extreme setback and hardcover. The applicant is proposing to build the new home with more massing forward of the average lakeshore setback compared to what is there today. The proposal also requires lot area and lot width variances. The hardcover will decrease from the current level by approximately 300 square feet under the proposed plan but will still be over the 25 percent maximum. Staff finds that due to the nature of the lot and the applied setbacks, there are practical difficulties supporting granting the lot area, lot width, hardcover, and average lakeshore setback variances for construction of a new home. The City Engineer has reviewed the proposal and recommends the home have gutters and a drainage plan be developed to ensure no runoff is directed to the neighboring properties or roadway. The neighbors have submitted signatures of support. Planning Staff recommends approval subject to the City Engineer's comments for the lot area, lot width and hardcover variances. The Planning Commission should discuss the applicant's desire to utilize the property for a larger home footprint. If the Commission finds the proposed home meets the practical difficulties, Staff recommends a motion to approve the average lakeshore setback variance. Oakden displayed an annotated site plan and noted the neighboring properties are depicted in purple and the proposed house footprint is in orange. The diagonal red line depicts the average lakeshore setback. Ressler asked if the grade is existing. Oakden indicated the grade is the existing home footprint. The proposed home is a little more forward to the lake and there will be more massing to the property to the north. Ressler asked if Staff has an aerial that shows the shoreline. Oakden pointed out the subject property with the existing home. The property to the north is set further back, which creates an unusual average lakeshore setback. Erickson stated it is really the flag lot next door that creates the situation, and if you look at the other neighbors, that problem does not exist. Ressler asked whether Staff has seen other similar situations where the City has allowed an encroachment further towards the water. Oakden noted that was one of the questions outlined in Staff report. The current house does encroach into the average lakeshore setback, so it is nonconforming as it exists today, and the proposal is requesting to be closer to the lake. The applicant is looking to be more in line with the two other nearby residences, and without an average lakeshore setback variance, this lot would be almost unbuildable. The question is whether the Planning Commission is in favor of the degree to which is being proposed. McCutcheon asked what the side setbacks are. Oakden indicated the property is allowed a 7.8 -foot setback and to the south they are proposing an 8 -foot setback and to the north they are proposing a 12.5 -foot setback. McCutcheon commented drainage is always a concern when the houses are that close, but that will be dealt with at the time of building permit. Chair Ressler opened the public hearing at 7:00 p.m. There were no public comments relating to this application. Chair Ressler closed the public hearing at 7:00 p.m. Libby commented since there is not that much difference between the existing footprint and what is being proposed on the lakeshore side, this is something that would be worthy of the Planning Commission's consideration and that he would like to hear further discussion. The lakeshore setback is the primary concern due to the possibility of setting a precedent, but under the circumstances, the proposal is not that much more than what currently exists. Libby stated if you look at the alignment for the average lakeshore setback without the house to the north that is further set back, the line would be in a different location. Erickson stated his sense of the average lakeshore setback is to regulate the situation where houses are at similar setbacks. The rules create an issue when there are flag lots and the main house is located quite a bit back from the other homes in the area. A good item to discuss at some point is the City's future treatment of flag lots and whether something can be done with that ordinance to deal with this type of situation. Erickson stated at the present time he would support the application. McCucheon stated common sense -wise, the new house aligns with the other neighbors and will not be extending into the lake setback any more than the neighbors are, so he would support it. Bollis commented he likes the fact the hardcover is being reduced. The intent of the lakeshore setback ordinance is to protect the view shed and it does not appear the view shed would be any different for the house to the north, so he would be in favor of it. Gettman indicated he has no concerns with the application. Ressler asked if structural coverage is being increased. Oakden indicated it is but that it will be within the allowable amount. The current hardcover is at 30.5 percent and they are proposing to decrease it to 29.5 percent, but it is still over the allowable 25 percent. Ressler stated it does make sense, but the difficulty he is having is regulating under the current rules. It looks like there is further encroachment to the neighboring property, which is an issue. The neighbor's property will not be able to build that close since their lot is too close. Ressler stated in his view the neighbor is being impacted in two ways and that he has having a hard time mitigating that. It seems like they could maybe move it back a little bit to make it have less of an impact on the neighbor. Gettman asked whether there are a bunch of trees over there. Oakden indicated there are some trees there but that the applicant could better address that. Leslie Oak, 2967 Casco Point Road, stated she met with the neighbors regarding their proposal. The previous owners had planted a tree line from where the property line jogs all the way down to the lake. There is a 25 -foot elm and probably five or six pine trees that are around 15 feet. The neighbors are in complete support of the new house, but he asked if those trees could be cut down, and they are willing to do that. Robert Schmidt, Builder, indicated he worked with Staff and they suggested they make a design change with the porch, which has been moved to help mitigate as much as they could any massing concerns. Ressler commented the tree screening does make a difference, but that it does not necessarily assist him in approving as much as what is being requested. Ressler stated he can understand the difficulty with the neighboring property but that he is not sure if he would be in favor of encroaching further. McCutcheon commented this application seems similar to one the Planning Commission reviewed approximately a month ago where there was an irregular shaped lot. The fact that the applicants changed the design to accommodate that and that they are willing to cut down some trees to help improve the neighbor's view, he would be in support of it. With the exception of the flag lot, it lines up with the other neighbors. Libby commented obstruction of lake views is a pretty big deal but the removal of the trees kind of makes it a moot point. Libby stated he would tend to favor the side setbacks and the average lakeshore setback. Erickson moved, McCutcheon seconded, to recommend approval of Application No. LA19-000048, Premium Construction, 2967 Casco Point Road, variance, as proposed. VOTE: Ayes 5, Nays 1, Ressler Opposed. Date Application Received: June 19, 2019 Date Application Considered as Complete: July 1, 2019 60 -Day Review Period Expires: August 30, 2019 To: Jon Ressler and Planning Commission Members Dustin Rief, City Administrator From: Laura Oakden, Planner Date: July 15, 2019 Subject: LA19-000048, Premium Construction LLC, 2967 Casco Point Road, Variance, Public Hearing Application Summary: The applicant is requesting an average lakeshore setback, hardcover, lot area and lot width variances to construct a new home Staff Recommendation: Planning Department Staff recommends approval of the requested variances. Background The applicant is proposing to remove the existing home and detached garage and build a new home with an attached garage. The average lakeshore setback is unique for this property due to the neighboring lot to the north. This lot is flag shaped, with a long naoorwe finger providing the lake frontage, and the buildable portion set much further back. Due to this configuration, the subject lot is not buildable without an ALS variance. The current home is nonconforming due to this extreme setback and hardcover. The new home will be located closer to the lake that the existing home and within the average lakeshore setback. The applicant are proposing to build the new home with more massing forward of the average lakeshore setback compared to what is there today. The proposal also requires lot area, lot width and hardcover variances. The hardcover will decrease from the current level with the proposed plan but still over the 25% maximum. LOT ANALYSIS WORKSHEET Section 78-350- Setbacks: DISTRICT LR -1C Required Existing Proposed Street 30' Roughly 70' Roughly 45' Side (north) 7.8 30' 12.5' Side (south) 7.8' 10' 8' Lakeshore 75' Roughly 170' 141 Average Lakeshore Currently nonconforming, not met Section 78- 350 - Lot Area/Width: DISTRICT LR -1C Lot Area Lot Width Required 21,780 s.f. (0.5 acres) 100' LA19-000048 July 15, 2018 Page 2 of 5 Actual 20,943 s.f. (0.48 acre) 78' @ 75' / 80'@ OHWL Section 78-1403- Structural Building Coverage: Total Lot Area Total Structural Coverage 20,943 s.f. (0.48 acre) Allowed: 4,188.6 s.f. (20%) Proposed: 3,926 s.f. (18.7%) Section 78-1700 - Hardcover Calculations: Stormwater Total Area Allowed Existing Overlay District Proposed Hardcover in Zone Hardcover Hardcover Tier 5,235.75 s.f. 6,396 s.f. 6,093 s.f. Tier 1 20,943 s.f. (25%) (30.5%) (29.5%) Applicable Regulations: Variance (78-350) Zoning Code Section 78-72 provides options for the redevelopment of lots which do not meet the minimum area or width requirements for the respective zoning district. Substandard properties within the Shoreland Overlay District, like the subject lot, are able to be redeveloped without variances if specific standards are met; such as: 1. All setback requirements can be met; 2. A Type 1 sewage treatment system consistent with Minnesota Rules, chapter 7080, can be installed or the lot is connected to a public sewer; and 3. The impervious surface coverage meets all hardcover location and square footage restrictions of this chapter and the total square footage of hardcover does not exceed 25 percent of the entire lot area. 4. All other zoning district standards can be met. The applicant's request for average lakeshore setback and hardcover variances results in the property's inability to conform to all of the standards above. Therefore, lot area and width variances are required in order to redevelop the property. The ability to develop the property consistent with other existing developed properties in the neighborhood would be limited if the area and width variances are not granted. Variance (78-1279) Average lakeshore setback. No principal or accessory building shall be located closer to the lakeshore than the average distance from the shoreline of existing residence buildings on adjacent lots. The average lakeshore setback line shall be a straight line connecting the most lakeward protrusions of the residence buildings on the immediately adjacent lakeshore lots. The applicant is proposing a new home forward of this setback line. The current home encroaches into this setback due to the significant setback established by the neighbor to the north, that home is 258 feet from the lakeshore. The new proposed home on the property is set at 141 feet from the lakeshore. The home to the north is set so far behind the property, the ALS greatly limits a reasonable building envelope. The applicant is proposing the new home will be closer to the northern neighbor and closer to the lake that the current home. The neighbor to the north has submitted a signed acknowledgement form and had multiple discussions with staff regarding the project. LA19-000048 July 15, 2018 Page 3 of 5 Variance (78-1700) Tier 1 parcels. Hardcover shall not exceed 25 percent of the gross lot area. The applicant is still proposing the hardcover to exceed the allowed 25%, though hardcover is proposed to decrease from 30.5% to 29.1% (roughly 300 sq.ft. less). Governing Regulation: Variance (Section 78-123) In reviewing applications for variance, the Planning Commission shall consider the effect of the proposed variance upon the health, safety and welfare of the community, existing and anticipated traffic conditions, light and air, danger of fire, risk to the public safety, and the effect on values of property in the surrounding area. The Planning Commission shall consider recommending approval for variances from the literal provisions of the Zoning Code in instances where their strict enforcement would cause practical difficulties because of circumstances unique to the individual property under consideration, and shall recommend approval only when it is demonstrated that such actions will be in keeping with the spirit and intent of the Orono Zoning Code. Economic considerations alone do not constitute practical difficulties. Practical difficulties also include but are not limited to inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth -sheltered construction as defined in Minn. Stat. § 216C.06, subd. 2, when in harmony with this chapter. The board or the council may not permit as a variance any use that is not permitted under this chapter for property in the zone where the affected person's land is located. The board or council may permit as a variance the temporary use of a one -family dwelling as a two-family dwelling. According to MN §462.537 Subd. 6(2) variances shall only be permitted when: 1. The variance is in harmony with the general intent and purpose of the Ordinance. The proposed variances are in harmony with the purpose of the Ordinance. The lot includes difficulties in its substandard size and width, and location of adjacent homes. 2. The variance is consistent with the comprehensive plan. The proposed variances to develop a nonconforming lot of record are consistent with the comprehensive plan. 3. The applicant establishes that there are practical difficulties. The property owner proposes to use the property in a reasonable manner not permitted by the official controls; The request to permit construction of the home on the substandard lot, exceeding 25% and average lakeshore setbacks, appears to be somewhat reasonable as the property's nonconforming size, the neighboring homes' orientation with respect to the lakeshore, and adjacent properties creates difficulties. The hardcover level decreases overall from existing levels and the home is set to meet all other setbacks. There are circumstances unique to the property not created by the landowner; The nonconforming lot size and the neighboring home locations prevent a residential footprint consistent with the neighborhood. The proposed overall hardcover level will decrease with the new proposed plan. The circumstances are unique to the property; and c. The variance will not alter the essential character of the locality. The variances are requested in order to permit construction of a home designed to fit the character of the neighborhood according to the submitted information. Additionally City Code 78-123 provides additional parameters within which a variance may be granted as follows: LA19-000048 July 15, 2018 Page 4 of 5 4. Economic considerations alone do not constitute practical difficulties. Economic considerations have not been a factor in the variance approval determination. 5. Practical difficulties also include but are not limited to inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth -sheltered construction as defined in Minn. Stat. § 216C.06, subd. 2, when in harmony with Orono City Code Chapter 78. This condition is not applicable. 6. The board or the council may not permit as a variance any use that is not permitted under Orono City Code Chapter 78 for property in the zone where the affected person's land is located. This condition is not applicable, as the use for a residential home is an allowed use in the LR -1C 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 property's substandard size and orientation and the setback from the lake of the adjacent homes creates difficulties for the Owners in redeveloping the property consistent with the homes in their neighborhood. 9. The conditions do not apply generally to other land or structures in the district in which the land is located. The property's nonconforming size and the relationship between the existing home and the setback of the adjacent properties create difficulties for the owners. 10. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. Granting lot area, lot width, and average lakeshore variances are necessary for the preservation of the property right of the applicant. 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 hardcover, lot area, lot width and average lakeshore setback variances in this unique situation is not 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 requested variances for lot width, lot area, and average lakeshore set setback are necessary, and do not merely serve as a convenience to the applicant. 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 Analysis Staff finds due to the nature of the lot and the applied setbacks there are practical difficulties supporting granting the lot area, lot width, hardcover and average lakeshore setback variances for construction of a new home. Engineer Comments The Engineer has reviewed the proposal and recommends the home have gutters and to develop a drainage plan to ensure no runoff is directed to the neighboring properties or roadway. LA19-000048 July 15, 2018 Page 5 of 5 Public Comments Neighbors has submitted signatures of support. 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? Specifically pertaining to the average lakeshore setback. 2. Does the Planning Commission find that the variance(s), if granted, will not alter the essential character of the neighborhood? 3. Are there any other issues or concerns with this application? Planning Staff Recommendation Planning Staff recommends approval with engineer's comments for the lot area, lot width and hardcover variances. The Planning Commission should discuss the applicants desire to utilize the property for a larger home footprint. If the commission finds the proposed home meets the practical difficulties, staff recommends a motion to approve the average Lakeshore setback variance. List of Exhibits Exhibit A. Application Exhibit B. Practical Difficulties Documentation Form Exhibit C. Existing & Proposed Survey/Site Plan Exhibit D. Proposed Plans and Elevations Exhibit E. Submitted Hardcover Calculations Exhibit F. Staff Annotated Survey Exhibit G. Neighbor Property Signatures Exhibit H. Plat Map and Addresses AGENDA ITEM Item No.: 18 Date: August 12, 2018 Item Description: Request For Proposal — Professional Legal Services Presenter: Dustin Rief, Agenda City Administrator City Administrator Section: Report 1. Purpose: To publish Requests for Proposals for Professional Legal Services in accordance with the RFP schedule adopted by Resolution No. 6585 adopted February 8, 2016. 2. Background: The City Council adopted a resolution to establish a schedule of 5 year reviews through the RFP process for professional services contracted by the City. Staff reviews the document annually for any scheduled RFP's. The civil attorney schedule is for 2019 and was last published in 2005. This RFP is in accordance with the previously adopted schedule. The timeline for publication, review and selection is within Exhibit A: Request for Proposal: Professional Legal Services. 3. Staff Recommendation: City Administrator recommends approval of the Professional Legal Services RFP and to establish an ad-hoc Professional Legal Services RFP review committee. COUNCIL ACTION REQUESTED Motion to Approve Request for proposals for Professional Legal Services and the appointment of an ad-hoc Professional Legal Services RFP review committee. Exhibits A. Request for Proposal: Professional Legal Services Reference A. Resolution No. 6585 Prepared By: 5b)R Reviewed By: _Sb)R Approved By: -T)2 REQUEST FOR PROPOSALS Professional Legal Services 2019-2024 PROPOSALS DUE BY: September 16, 2019 LOCATION: City of Orono 2750 Kelley Parkway Orono, MN 55356 SCHEDULE REQUEST FOR PROPOSAL FOR PROFESSIONAL SERVICES • Dates may be subject to change. Notifications will be sent to Proposers. City Council Approval of RFP August 12, 2019 Distribute/Advertise RFP's August 13, 2019 RPF Submittals - Deadline September 16, 2019 Staff Evaluation September 17-20, 2019 Interviews (tentative) September 30, 2019 to October 4, 2019 City Council Selection October 14, 2019 REQUEST FOR PROPOSAL TABLE OF CONTENTS I. INTRODUCTION II. PROPOSAL INSTRUCTIONS III. PROPOSAL CONTENT IV. GENERAL MUNICIPAL LEGAL SERVICES REQUIREMENTS V. PROPOSAL EVALUATION AND CONTRACT AWARD VI. CONFLICT OF INTEREST VII. CONTRACT EXECUTION City of Orono Request for Proposal — Professional Legal Services I. INTRODUCTION The City of Orono is requesting proposals for legal services from firms experienced in municipal law. Proposals shall include general municipal representation on civil matters. The City of Orono is a managed growth community of approximately 8,000 people located west of Minneapolis on Lake Minnetonka. Orono encompasses an area of 24 miles, 30% of which is Lake Minnetonka. Orono operates as a Statutory Plan A City with a City Administrator. The City is governed by a five member City Council which includes four members elected at large, and a Mayor elected at large. The City has a strong tax base, driven by high valued lakeshore homes and large lot residential development. The City is about 90% developed, and projects an ultimate population of about 9,500. The City has one small commercial district (Navarre) and shares a "downtown" commercial district with the City of Long Lake. The City has begun dealing with the redevelopment of existing commercial properties. II. INSTRUCTIONS FOR PROPOSERS A. All proposals, and completion of Exhibit A, must be sent as a PDF document via email to Dustin Rief, City Administrator drief(c�ci.orono.mn.us. Questions about the proposal and RFP process may also be directed to Mr. Rief. B. The City is requesting all proposals be submitted via email; thus, no paper copies of the proposal(s) need to be printed or mailed to the City. C. To ensure fairness and uniformity, firms submitting responses should contact only Mr. Rief with questions, concerns, or comments. D. All proposals must be received no later than 4:30 p.m. on Monday, September 16, 2019. III. PROPOSAL CONTENT A. Title Page Show the RFP subject, the name of the firm, local address, telephone number, email, name of contact person and the date. B. Table of Contents Include a clear identification of the material by section and page number. 11Page City of Orono Request for Proposal — Professional Legal Services C. Description and overview of Professional Legal Services: Proposal shall include: a. A brief background and history of the Firm. b. The areas of expertise and general services available. c. The general qualifications of the firm as related to municipal law services. d. The proposal should address each of the activities outlined in the scope of work. The proposal should expand upon each item and set forth the firm's approach/ability to carry out each activity. e. Number of attorneys, including number of partners and associates and areas of specialty. f. The name, experience and qualifications of the person or persons who will be responsible for fulfilling the obligations to the City, including a brief resume for each. g. The qualifications and resumes of other professional staff that will be responsible for providing professional legal services for which the City will be charged. h. The availability of the aforementioned staff. i. A description of the proposed allocation of work between the attorney(s) and support personnel identified (i.e., who will be the lead attorney and what work will be handled by junior partners, associates, or paralegals). j. Flowchart of work process for municipal work. k. List and describe any previous or current experience in municipal legal services, specify activities performed, and the name of a person and a telephone number who may be contacted at the municipality. 1. Other background or experience which may be helpful in evaluating your proposal. Background or experience in the areas of land use regulation, general and public contracting, eminent domain, real estate, labor relations, public employment, and municipally related litigation will be of special interest 2 1 P a g e City of Orono Request for Proposal — Professional Legal Services in evaluating proposals. in. A list of previous or current activities performed for the City of Orono. n. Define any potential conflicts of interest the firm may have providing services to the City. o. Describe your research capabilities, and the references that you utilize. p. Detail your capability to maintain a proper response time for legal reports and memos as well as inquiries and questions from the city submitted by telephone or e-mail. q. Provide a detailed description and explanation of all fees and/or charges that may arise for provided municipal legal services. How are increases in fees and charges communicated to the City? As the City is also interested in exploring fee arrangements other than an hourly rate, indicate what alternate billing arrangements you would be willing to consider and under what circumstances they would be most appropriate. r. Office(s) location s. Statement of any malpractice claims and/or ethics complaints taken against your firm or firm's attorney(s) over the last five years and the status or outcomes of such action. Indicate whether any action is pending or is currently under review by the State Ethics Board. t. Professional Liability (E&O) Insurance. *Please note that when the contract is negotiated with the successful bidder, there may be other provisions required with regard to professional liability insurance. Bidder is required to maintain insurance protecting it from all claims the Bidder may become legally obligated to pay resulting from any actual or alleged negligent act, error, or omission related to Bidder's professional services required under the contract. Contractor is required to carry the following limits: • $2,000,000 — per claim or event • $4,000,000 — annual aggregate 3 1 P a g e City of Orono Request for Proposal — Professional Legal Services • Any deductible will be the sole responsibility of the Bidder and may not exceed $50,000 without the written approval of the City. • The retroactive or prior acts date of such coverage shall not be after the effective date of the contract and the Bidder shall maintain such insurance for a period of at least (3) years, following completion of the work. If such insurance is discontinued, extended reporting period coverage must be obtained by the Bidder to fulfill this requirement. E. Firm Qualifications Provide the names and telephone numbers of three client references the City may contact. Municipal references are required. If the firm has represented any Minnesota municipalities or governmental agencies from 2014 through the present, state the name of that agency, and the name, title, and telephone number of a reference at that agency whom the City may contact. If the firm has represented such an entity, but does not wish the City to contact the entity, list the name of the municipality or agency, and state your reasons why no contact is requested. F. Fees Identify in your proposal which of the following billing options you will offer: The retainer fee to be charged for general governmental services and the items covered by the retainer. Also, state separately the rate for any firm cost items to be billed (i.e. photocopying, Westlaw, or Lexis fees, etc.) The City will give significant preference to firms offering a retainer billing system for major areas of work. b. Your proposal for the dollar amount of fixed and/or hourly fees and costs your firm will charge for providing the legal services to the City of Orono covered by your proposal. For the hourly fees portion of your proposal, please identify the hourly rate of each attorney and support personnel. Identify the minimum increment of time billed for each service, e.g., phone calls, correspondence, personal conference. Also state separately the rate for any firm cost items to be billed (i.e., photocopying, Westlaw or Lexis fees, etc.) Under option 2, the City requires detailed monthly billing statements which shall include, but are not limited to the following items: 1. Itemizes the date of services. 2. Identifies the attorney and/or support personnel providing the services. 3. Lists time spent for each service or activity by tenths of an hour. 4 1 P a g e City of Orono Request for Proposal — Professional Legal Services 4. Provides a detailed description of the services performed, including a clear identification of the subject of the service, such as a file number, address, or other clear identifying information. 5. States the fees for those services. 6. Organizes billing for general corporate work by department, type of services, and/or project. 7. Itemizes all associated costs and expenses related to the services performed. If another billing format will be proposed, please describe that format and provide a sample. IV. GENERAL MUNICIPAL LEGAL SERVICES REQUIREMENTS Scope of Work: The services relating to municipal legal services shall include, but are not limited to the following: A. Attendance at all City Council meetings, and other City board, commission, or committee meetings as requested by the City Council or City Administrator. B. Drafting and review of ordinances, resolutions, and correspondence as requested. C. Careful review of all Council and Planning Commission agenda items and minutes. D. Meetings and/or telephone conversations with and advising Mayor, Council members, City Administrator, Department Managers, and other staff on general legal matters. E. Review of municipal contracts, including contracts for public improvements, joint powers agreements, construction, purchase of equipment, and the like. F. Representation of the City in the acquisition of properties for public improvements, easements, parks, and the like. G. Representation of the City in condemnation proceedings for public improvement projects, etc. H. Representation of the City in matters related to the enforcement of city building, housing, and zoning codes. I. Representation of the City in employment related issues, labor negotiations, arbitration, administrative hearings, and in litigation involving same. 5 1 P a g e City of Orono Request for Proposal — Professional Legal Services Interpretation and advice with respect to municipal employment matters including but not limited to: PELRA, labor agreements, personnel policy, FLSA, veteran's preference, and unemployment compensation. K. Research and submission of legal opinions on municipal or other legal matters requested by City Council or City Administrator. L. Meeting with the City Administrator and Department Heads every two weeks to review council agenda items, the status of all legal matters before the City and providing a quarterly written status report on all current litigation and unresolved matters. M. Providing on-going legal briefing regarding new or proposed legislation affecting municipal operations and activities. N. Providing on a periodic basis written updates on new state or federal legislation or judicial holding impacting upon the City, and suggested action or changes in operations or procedures to assure compliance. O. Defend the City in all litigation, except in those cases where insurance companies are required to exclusively provide defense, including but not limited to: (1) human rights claims; (2) condemnation; (3) zoning and land use regulation matters; (4) permits and administrative actions; and (5) labor and employment matters. P. Represent City in worker's compensation matters. Q. Review bonds and insurance requirements required by or for City contracts or activities. R. In coordination with bond counsel, review documents involving the issuance of debt related instruments and provide opinions as required. S. Prepare and/or review the following: a. Conditional Use Permits and Documentation b. Vacation of Rights -of -Way c. Special Assessments d. Planned Unit Developments e. Development Agreements f. Subdivision and Zoning Requests T. Please state whether or not the lead attorney would be willing to have regular office hours in Orono City Hall for approximately four hours per week (e.g. one morning per week). The City will give significant preference to a firm willing to offer regular office hours in the Orono City Offices. 6 1 P a g e City of Orono Request for Proposal — Professional Legal Services U. The firm shall not subcontract out or assign any interest in the contract, and shall not transfer any interest in the same without prior written consent of the City. kv ;U��y: 1.:.r i�. A. The City intends to retain the legal services of the proposer evaluated to be best qualified to perform the work for the City, cost and other factors considered. B. Based upon evaluation by the City Council, City Administrator and staff, the City Administrator will recommend to the City Council the appointment of a law firm judged to be the most responsive and responsible proposer. The City Council may choose to conduct interviews of those firms they deem fit. The final approval of the law firm appointed will be made by the City Council. C. The City will not reimburse the proposer for any expenses incurred by the proposer including, but not limited to, expenses associated with the preparation and submission of the proposal, and attendance at interviews. D. The City reserves the right to reject any and all proposals or to request additional information from any and all proposers. VI. CONFLICT OF INTEREST A. Indicate whether you or your law firm represent, or have represented any client which representation may conflict with your ability to serve as city attorney. B. Do you currently represent any real estate developers? If so, please identify those companies or persons in detail and provide a percentage breakdown of how much this work represents of your firm's total billings. C. Do you currently represent any other local units of government having jurisdiction within, or contiguous to the City of Orono? D. What procedures does your firm utilize to identify and resolve conflicts of interest? 7 1 P a g e City of Orono Request for Proposal — Professional Legal Services VII. CONTRACT EXECUTION A. Contract Negotiations — Notwithstanding a contract award, the City reserves the right to negotiate the final terms and conditions of the contract to be executed. Should the City and the proposer to whom the contract is recommended to be awarded be unable to mutually agree upon the entire contract, the City reserves the right to discontinue negotiations, select another proposer, or reject all of the proposals. Upon completion of negotiations agreeable to the City and proposer, a contract will be executed. B. Contract Ethics a. No elected official or employee of the City who exercises any responsibilities in the review, approval or implementation of the proposal or contract shall participate in any decision which affects his or her direct or indirect personal or financial interest. b. It is a breach of ethical standards for any person to offer, give or agree to give any City employee or Council person or for any City employee or Council person to solicit, demand, accept or agree to accept from another person or firm, a gratuity or an offer of employment whenever a consideration was motivated by an individual, group or corporate desire to obtain special, preferential, or more favorable treatment than is normally accorded to the general public. c. The firm(s) shall not assign any interest in this contract and shall not transfer any interest in the same without prior written consent of the City. d. The firm(s) shall not accept any client or project which, by nature, places it in an ethical conflict with its representation of the City of Orono. e. The firm(s) selected shall not discriminate under the contract against any person in accordance with federal, state or local regulations. 8 1 P a g e 9�Page AGENDA ITEM Item No.: 19 Date: August 12, 2019 Item Description: Solicitor's Request to Extend License issued to Aptive Environmental Service Presenter: Dustin Rief, Agenda City Administrator City Administrator Section: Report 1. Purpose. The purpose of this action item is to gain direction or approval from the City Council for an extension to the Solicitor's License issued to Aptive Environmental. SOLICITOR'S LICENSE DETAILS Applicant(s): Benjamin John, Burden Clarence Edward Spencer Harrison Ray Wood Richard Brantley Brooks Jaden Kirk Setterud Wyatt Daniel Meng Kendree Logan Frisby Lucas Everett Farnsworth Activity: Sale of Pest Control Services Location: Door to Door Sales Permit Date: May 20-30, 2018 (Expired) Extension: 10 Additional Days Time: 8:00 a.m. to 8:00 p.m. Adrien Michael Pelletier Connor James Kemp Nicholas Ronald Farnsworth Garrett Dean Taylor Nicholas M Abplanalp Brady Lawrence Abbott Taylor Scott Pass Levi Christian Cunningham Charles Stan Wood 2. Background. The applicants listed above were issued a Solicitor's license for the period of May 20, 2019 to May 30, 2019. Brantley Brooks of Aptive Environmental recently contacted the City Clerk to request an extension of the license for an additional 10 days. He mentioned the group missed their timeframe in Orono and were not able to Solicit during that time. All licenses issued under Chapter 30 of Orono City Code are valid for a maximum of ten days per calendar year. The City Council at its sole discretion may grant an extension up to 50 additional days per calendar year upon application for extension. The City received one complaint from a resident on July 8, 2019 regarding a solicitor from Aptive Environmental. The alleged incident took place during the week of July 5th, which was outside of the permitted timeframe on the original issued license. Staff responded to the resident, addressed the complaint and reached out to the supervisor listed on the original applications. The city has not received a response from the Supervisor to date. Staff was able to speak with Mr. Brooks regarding the situation and revisited the requirements of a Solicitor's License in the City of Orono. Brooks acknowledged that unknowingly Aptive Environmental was soliciting outside of the permitted time -frame and that they would abide by the requirements and permitted days going forward. Brooks also affirmed that the Solicitors will follow through with all requirements of the license as described in Section 30-4 of Orono City Code. Prepared By: AMC Reviewed By: AMC Approved By: J1)6V, AGENDA ITEM 3. Recommendation. Staff recommends City Council either approve or deny the request for extension of the Solicitor's License for Aptive Environmental. If the City Council at its sole discretion were to approve an extension, staff recommends Aptive to re -submit applications, fees, and perform a background investigation for each applicant prior to issuance. COUNCIL ACTION REQUESTED Select one of two motions below: • Motion to approve an extension of 10 days of the Solicitor's license for Aptive Environmental upon re -submission of the applications, fees, and completion of background investigations for each applicant prior to issuance. • Motion to deny an extension of the Solicitor's License for Aptive Environmental. Exhibits A. Aptive Environmental Email Request Prepared By: AMC Reviewed By: AMC Approved By: j1)6V, Anna Carlson From: Brantley Brooks Sent: Wednesday, July 24, 2019 11:10 AM To: Anna Carlson Subject: Missed solicitor dates Hi! My name is Richard with Aptive Environmental. In the flurry of doing 30+ solicitor applications we missed our dates of knocking door to door in Orono May 20-30. If possible we would love to have our dates changed to August 13-23 (longer if possible). We are willing to pay an additional fee since we understand that it was our fault that we missed the days. Most cities allow solicitors permits to be active for 3 months or more and we assumed it was the same in Orono. We would appreciate it much! Thanks, Richard Brooks