HomeMy WebLinkAbout08-13-2020 Council PacketAgenda
Council Meeting
Thursday, August 13, 2020 6:00 P.M.
Orono Council Chambers, 2780 Kelley Parkway, Orono, MN 55356
952-249-4600 / www.ci.orono.mn.us
Sign up for email notifications at 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 27, 2020
2. Council Work Session Minutes of July 27, 2020
3. Claims/Bills
4. Approval of Garbage Hauler License
5. Approval for Noise Exemption for a Special Event Permit – 1265 Shoreline Drive
6. Approval for Rental License
7. Replacement Generator for City Hall, Police Department and Public Works
8. 2020 Crack Sealing Additional Work
9. Appointment of 2020 Seasonal Employees
10. Woodhill Avenue Traffic Management
11. LA20-000044 – Good Shepard Lutheran Church, 3745 Shoreline Drive, Conditional Use Permit
Amendment – Resolution
12. LA20-000043 – David and Patricia Jaqua, 3262 North Shore Drive, Variances – Resolution
Public Comments – (Limit 5 Minutes per Person)
This is an opportunity for the public to address matters not on the agenda. The council will not engage
in discussion or take action on items presented at this time. However, the council may refer issues to
staff for follow up or consideration at a future meeting. Speakers should state their name and home
address at the podium before speaking.
Planning Department Report
13. LA20-000042 – Lake Country Builders o/b/o Ronald and Holly Rocca, 2520 Casco Point Road,
Variance – Resolution
14. LA19-000065 – City of Orono Text Amendment Related to Subdivisions
Mayor/Council Report
City Administrator Report
City Attorney Report
15. The meeting will be closed as permitted by §13D.05, Subd. 3(a), to evaluate the performance of
the City Administrator, Dustin Rief
Agenda
Council Meeting
Thursday, August 13, 2020 6:00 P.M.
Orono Council Chambers, 2780 Kelley Parkway, Orono, MN 55356
952-249-4600 / www.ci.orono.mn.us
Sign up for email notifications at www.ci.orono.mn.us
Adjournment
Upcoming Events
2020
08-11-20 Election Day, Primary Election
08-17-20 Planning Commission Meeting, Monday, 6:00 p.m. (Matt Johnson)
08-24-20 Council Work Session, Monday, 5:00 p.m.
08-24-20 City Council Meeting, Monday, 6:00 p.m.
09-07-20 Official Holiday, City Offices Closed
09-08-20 Park Commission Meeting, Tuesday, 6:00 p.m.
09-14-20 Council Work Session, Monday, 5:00 p.m.
09-14-20 City Council Meeting, Monday, 6:00 p.m.
09-21-20 Planning Commission Meeting, Monday, 6:00 p.m. (Dennis Walsh)
09-28-20 Council Work Session, Monday, 5:00 p.m.
09-28-20 City Council Meeting, Monday, 6:00 p.m.
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ORONO CITY COUNCIL MEETING
Monday, July 27, 2020
6:00 o’clock p.m.
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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, II, Matt Johnson, Aaron Printup, and Victoria
Seals. Representing Staff were City Administrator Dustin Rief, Finance Director Ron Olson, Public
Works Director/City Engineer Adam Edwards, and City Attorney Soren Mattick.
Mayor Walsh called the meeting to order at 6:00 p.m., followed by the Pledge of Allegiance.
APPROVAL OF AGENDA
CONSENT AGENDA
1. CITY COUNCIL MEETING MINUTES OF JULY 13, 2020
2. CLAIMS/BILLS
3. APPROVE PURCHASE OF NEWTEK TRICASTER 410
4. APPROVAL TO ACCEPT DONATION FROM CENTERPOINT ENERGY
5. LA20-000024 – JAY NYGARD 1380 REST POINT ROAD – LOT AREA, LOT WIDTH,
HARDCOVER, AND SIDE YARD SETBACK VARIANCES – RESOLUTION NO. 7111
6. LA20-000037 – TIM HANSON, 2645 CASCO POINT ROAD, VARIANCES – DENIAL
RESOLUTION NO. 7112
7. 16-3867 – RELEASE OF DEVELOPMENT CONTRACT FOR LOTS 2 AND 4,
TANAGER ESTATES
10. APPROVAL TO RESCHEDULE THE FOLLOWING MEETINGS FOR THE PURPOSE
TO SET UP FOR ELECTIONS:
A. AUGUST 10, 2020 – COUNCIL WORK SESSION TO AUGUST 13, 2020
B. AUGUST 10, 2020 – CITY COUNCIL MEETING TO AUGUST 13, 2020
C. NOVEMBER 2, 2020 – PARK COMMISSION MEETING TO NOVEMBER 5, 2020
11. APPROVAL FOR FIREWORKS DISPLAY PERMIT – 930 PARTENWOOD ROAD
Crosby moved, Seals seconded, to approve the Consent Agenda as revised, with Item Nos. 10-11
being added to the Consent Agenda and Item Nos. 8-9 being switched around. VOTE: Ayes 5,
Nays 0.
PUBLIC COMMENTS
Ms. Gretchen Piper, 463 Highcroft Road, Wayzata, said she is running for the Minnesota Senate in
District 33 and wanted to introduce herself to the Orono Council Members and listen to the business at
hand. She stated she graduated from Orono and currently lives in Wayzata with her family. Her children
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attend Orono Schools. She works in the medical device industry and most of her work is also in the area.
She is excited to be running for the position and wants to make citizens’ voices heard and get things done
in the legislature for the community, not for political parties. She is DFL-endorsed and a moderate, a
business owner, and feels things need to get done in the state legislature. She is running on a platform of
making sure there is great education for all kids, healthcare access and affordability, protecting the lakes,
waters, and environment, supporting companies and small businesses, and making critical investments.
She is running to get positive, constructive, helpful things done for the communities, to make the
investments that are needed. She is willing to reach across the aisle to get things done to represent “us.”
She thanked everyone who serves on the Orono City Council.
Mr. Mike Feldmann, 1010 Old Long Lake Road, said he wanted to bring up comments from the last Park
Commission meeting about agenda item number 9. He asked if this was an appropriate time to do that.
Walsh stated it is not a public hearing. If the item continues to move forward, then it would be on the
Planning Commission for a public hearing.
Mr. Feldmann said he has been asked by two households, since they are not able to be at the meeting due
to COVID and travel restrictions, to voice concerns about the Summit Beach plan. The first household is
Jane Davidson/Frank Kulacki, 1020 Old Long Lake Road, who want to address the use of the word
"secret" and other descriptors people have used and say that it refers to a secluded, natural setting rather
than a secret place which only a few people know about. As near neighbors to the park, they witness
heavy park usage, and clearly the park is not a secret. They voice concern over the lack of planning of a
private-public partnership concept in the current proposal as it relates to financial and liability
management. They also voice concern about the plan that essentially grants a large part of the park to a
single entity, risking adversely impacting the value of the park to the larger community in addition to
concerns over the environmental impact. He is also speaking for John Hovanec, #108, 2670 Kelley
Parkway, whose family has enjoyed using Summit Park. He is concerned about what could be considered
a privileged few being able to use what is perceived as an effective takeover of the park. He asked what is
the need for this specific park and whether another location could serve that need. Speaking for himself,
Mr. Feldmann has enjoyed seeing the rowing club experience success at Birch's and wishes them
continued success. However, the concept proposal is giving a very significant portion of the park to a
single private entity which will forever change the park in a community that considers it a great treasure.
It also does not match Orono’s vision statement, which is to be the residential community of choice and
remain widely recognized for its preservation of natural rural beauty, quality of life, and recreational
assets. He feels it is their responsibility to speak on behalf of Summit Park and encourage the Council to
live the Orono vision statement and reject the proposal to put the private rowing club at Summit Park.
Walsh apologized because that is an agenda item. However, it is not a public hearing. The Council is
giving guidance; no votes will be taken. The matter has been in front of the Park Commission a couple of
times, it's been at the Council before, it has been in an open forum at the Fire Department, so there's been
lots of general talk about the matter. He said Julie Ruegemer sent an email to everybody to get immediate
replies. There were a few items that weren't talked about, a few over-exaggerations about what's going on,
and it is unfortunate Ruegemer sent out a letter without telling everything, because she is on the Park
Commission and voted for the item to move forward. He said this is not the day or time for public
comments. The City has read all of the letters and emails, and if there is someone who would like to give
a synopsis, that would be great, after the Applicant has come up to talk about it.
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Mr. Feldmann stated he did not get Ruegemer’s message in any way, so that is not the source of him
coming to the meeting.
Ms. Angela Mahoney, 2107 Sugarwood Drive, asked if comments would be open after agenda item 9.
Walsh stated after the Applicant comes up, one or two people can come up. Lots of letters and emails
have been sent, the Council has seen Ruegemer's email, so if someone wants to do a synopsis of what
everyone thinks, he would be fine with that. Everyone coming up and saying the same thing over and over
again is not appropriate because it is not a public hearing.
Ms. Rachel Feldmann, 1010 Old Long Lake Road, said she wanted to make sure the Council knows that
people she has reached out to on her own have no awareness of this project or proposal at all. Almost
everyone she spoke to when she visited the park had no knowledge of this going on, and she hopes the
Council will take the opportunity during this time to hear everybody that made an effort to come tonight
and speak to make sure their voices are heard, because the citizens' understanding is that effort is being
made to reach the community and users of the beach, and nobody that she spoke with at the beach had
knowledge of this matter. Some of the voices are here to represent those people. She said she hoped the
City Council takes the time to hear them and give everybody their five minutes who showed up to speak.
Walsh stated there is no such thing as five minutes.
Ms. Feldmann said she thought it was up to five minutes. When they called to figure out what the policy
was, they were told everyone can speak on the public comments and get up to five minutes. She said she
did not think anyone planned to take that long, but hopefully everyone can speak.
Walsh stated that public comments are five minutes, but this is an agenda item and public comments are
reserved for something that is not on the agenda.
Ms. Feldmann asked if the boat house proposal was on the agenda.
Walsh said the City Council is not making any votes tonight. They are hearing about the proposal and
giving some guidance. It is up to the Applicant if he wants to move his proposal forward. He has not
submitted an application to the City. Once they do that, then it goes to the formal process of notification
of within 1,000 feet of the neighborhood, and it goes to the Planning Commission, which is a public
hearing which everybody gets to be heard on everything they want to say. Tonight, the City Council is
hearing what the Applicant's thoughts are and the City Council will give some feedback.
Ms. Feldmann asked if everybody could still speak that is present tonight.
Walsh suggested one or two people could come up after the Applicant. The Applicant always goes first.
Ms. Alisa Benson, 1220 Lyman Avenue, said she is an Orono resident and has spoken to the Council
before. She referenced Walsh's term of “representatives” and said since they are all homeowners and
citizens, they do not have representatives, unlike Long Lake Rowing Company which is more organized.
Walsh stated there have been times where 20-30 people have come up at a hearing and they have at times
said to people that if they have something different to say so everyone is not repeating the same thing, he
does not have a problem with people coming up. After a while, if people come up and say the same thing
the previous person just said, it's hard. He noted Council Members have read all the letters. He used the
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example of everyone saying they don't like the color green. If someone has different input, the Council is
always glad to hear that. He said no votes will be taken; tonight is to hear the Applicant's vision.
Ms. Benson said she understood and that no one wants to be inside with questionable social-distancing
any more than necessary. Part of the issue is, she does not know what anyone else has written or what
they might say because she is not involved in a formal campaign. Part of the difficulty is that the residents
feel like they are not able to be engaged and hear commentary. She understands there will not be a vote
tonight, but it is a little bit difficult when there's not an organized effort to feel like they understand other
people's perspectives in their own community. It would be helpful if the City Council could say five or
ten people could talk tonight, or whatever an appropriate number would be.
Walsh said he would not have a problem if it started with a couple comments; if someone has something
completely different to say, they come up, and the Council could see how it goes. He wants the Applicant
to go first, and he might want to come back and talk about whatever things he did not feel were talked
about correctly. If the Applicant decides to move forward based on all the conversation and what the City
Council's vision is, then there would be a public hearing where people can come up and talk for ten
minutes if they want to.
Ms. Benson asked if, by "couple," he meant three and they could go from there.
Walsh indicated that would be fine.
Rief stated he believed he responded to between 40-50 emails and he could put them into a spreadsheet to
make sure that, whether residents are within 1,000 feet or not, once the public process is started if the
Applicant chooses to move forward, those people would be included.
Ms. Benson said she would appreciate that and she did see Rief's email regarding the letter. She stated
there's a difference between sending emails and hearing things.
Johnson stated he wanted to make sure the procedure is understood. He said sometimes people come with
a sketch plan of a development that they want to do and are asking for general feedback from the Council
and they are taking no action. The Applicant then has the option to say, "Based on that, I'm going to make
my changes and I'm going to the Planning Commission.” The Planning Commission has a process that
would have public notice and people can come and be heard. Then it goes to the City Council and people
again can come and be heard. So, there is a process in place for public input that is still ahead, assuming
the application moves forward.
Ms. Benson said she thought there was an expectation and maybe a misunderstanding that public
commentary was welcome as an Orono resident even for an agenda item, but maybe she was wrong.
Walsh stated that public comments were always for stuff that is not on the agenda.
Ms. Benson clarified the public comments section is for people to make public commentary.
Walsh agreed that public comments are for commentary that is not on the agenda. He said the Applicant
first presents his story before it gets to the people talking about it.
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9. LONG LAKE ROWING CREW PROPOSAL FOR A BOAT HOUSE IN SUMMIT
BEACH PARK-INITIAL COUNCIL INPUT / GUIDANCE
Edwards stated the Long Lake Rowing Crew (LLRC) will present to the Council and receive initial
feedback on a proposal for a partnership between the City and the club for a facility at Summit Beach
Park. The proposal has been discussed at two Park Commission meetings in November and March and
was put on hold while everyone waited for some of the COVID stuff to be resolved. Now the Applicant
will give the initial briefing to the Council to receive feedback. Based on what the proposal would be,
there will be a continued formal process if the Applicant decides to move forward and present an
application to the City. That would initiate a Conditional Use Permit (CUP) process, which would include
the public hearings and procedures that go along with that, eventually coming back to the Council.
Mr. Rob Burrell, 2740 White Oak Circle, thanked the Mayor and Council for their time. He said he has
condensed his information from the Parks meeting in March. He asked if the Council wanted him to go
through it again or if they felt they had enough information based on the packet he provided.
Crosby asked Mr. Burrell to go through the information.
Mr. Burrell said they are a 501(c)(3) nonprofit, volunteer-driven organization with a mission to bring the
lifelong sport of rowing to Orono, Long Lake, and the surrounding communities and provide education
for classes for youth and adults, special programming for community groups. Their vision is to be the
most all-inclusive fun and competitive rowing club in the Twin Cities. Their mission is to provide expert
instruction, promote personal and competitive achievement, and enrich their members and community
through the sport of rowing. Their goal is to build a permanent home for the LLRC at Summit Park in
Orono that includes storage for boats and equipment, space to conduct indoor training, and the
opportunity to better serve the community through the increasingly popular sport of rowing. Past
highlights for community involvement include helping stain the pier at Nelson Park, painting picnic tables
at Nelson Park. They are a member of the Long Lake Chamber, an exhibitor and contributor to annual
silent auctions and other activities at Corn Days, and are part of the fall festival for the annual Mayor's
Challenge Race and Battle of the Badges for the Fire and Police Departments of Orono and Long Lake.
The club is a constant surveillance of Long Lake as far as water quality and safety concerns such as the
recent algae blooms. They filled their spots in community education in both 2019 and 2020 with just
Orono residents. The rowers and their families bring retail patronage to the communities of Orono and
Long Lake each day during the season, resulting in a positive economic infusion to local business. In
2018 they received a special commendation from the Long Lake City Council for the club's ongoing
commitment to service within the community. He said in January they started holding individual meetings
and the invitation was extended to Park Commissioners, City Council Members from both Long Lake and
Orono. They had some small-group meetings with neighbors at the fire station, they had individual
meetings with a number of lakeshore and city residents on January 8, and sent out invitations for another
small-group meeting at the end of January. They fielded numerous phone calls from residents who could
not attend for more information on their goal to get a permanent home. After the first Parks meeting, they
reduced the overall size/square footage to approximately 6,900 square feet, about 24% less than the
original plan. That includes a 4,400 square foot footprint and another 2,500 square feet would be above
that. The overall height of the building was decreased from two stories to 1½. The public restrooms were
moved to the back of the building and will not require a second structure, reducing the amount of new
hardcover. They are flexible on where the docks would be located, either side of the site. The new plan
would be to keep them towards the east end of the beach, away from the beach and more in direct line to
the house. They will not be using or occupying the beach. Their goal is to minimize environmental impact
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and they are being advised by the Minnehaha Creek Watershed District, who will work with the club
before any construction on ideas to protect and safeguard the lake. The program will stay within the same
terms and practice times for juniors and adults along with routes and patterns which are rowed now.
Approximate actual time on the docks for boats in and out during a typical week is about 7½ hours.
Hopefully next year there will be up to eight weekends during the summer and fall when they are away
representing the community in out-of-town regattas on weekends. They would require a long-term lease
agreement for the land and a guarantee that the current water hours of operation on Long Lake will
transfer under the partnership with the City and ensure the long-term viability of the club and facility. The
club would also need a guarantee that should the City sell the property at Summit Park, the LLRC would
retain water access and the right to continue its operation there. As far as benefits to the greater
community, the club will fund 100% of the construction of the building, build permanent public
restrooms, reducing vandalism and providing a safe, modern, more sanitary option for park users. The
club will also provide a small resting and sitting area outside of the restrooms and picnic tables for public
use. The club will help cover some of the costs of the City-proposed playground at the park. The club can
offer more indoor community fitness classes and training opportunities to residents during the months of
November-April. In an age of ever-increasing obesity, diabetes, heart, and other health issues, LLRC will
continue to provide ample opportunities for the local youth and adults to help reverse this trend, providing
safe, fun, and community-based physical activity and nutritional guidance through rowing. The club
provides rowing as a low, non-carbon footprint, physical fitness activity for the City residents and
community. The club will help preserve the lakeshore because when they launch boats, it produces no
wakes. They will continue to promote the beauty, tranquility, and respect of nature to City residents and
the surrounding community, because rowing is virtually a silent activity with no amplified sounds
produced. They will continue to provide opportunities for the communities' youth to physically and
emotionally succeed where they may have failed in other sports, continue to provide life-long skills of
teamwork, discipline, commitment, and respect through the sport of rowing for youth and adult members.
Title IX college athletic regulations favor scholarship opportunities of rowing for the local girls to attend
colleges, universities, setting them on a path to become productive citizens who continue and enhance
Orono citizenship and community endeavors. The club's presence in the park will help the City meet their
stated goal of increased security. The partnership will also help the City reach their stated goal of
increased usage of Summit Park by the greater community. The club is open to offering some free rowing
opportunities during the summer months for Orono residents, and welcome the opportunity to provide
special programming such as the Wayne State STEM rowing curriculum through the Orono Middle
School using the Detroit Bubble Club Crew model. The partnership secures the presence of the LLRC for
the long-term. In Minnesota there is a long history of public-private partnerships with clubs, including
rowing clubs operating on public land. The Loppet Foundation partnered with Minneapolis Parks and
Recreation at Theo Wirth and built a 14,000 square foot building. There are many examples of public-
private partnerships with rowing clubs including Rochester, Duluth, and the Twin Cities. He asked if
Summit Park was still a viable option or whether there are other locations for LLRC to build a permanent
home on or near the lake. At the last Parks meeting, the existence of an abstract document for Summit
Park property came up. He asked what Council wants or feels they need from the project for the City, for
the park. What are the next steps with the Park Commission, if any, and what's the best way in the
Council's opinion to correct misinformation about this potential project that is out there. He noted he is
looking for the Council's feedback, suggestions, guidance, and potential next steps.
Walsh stated some of the questions at the fire station from people were regarding the expansion of the
operation, making it bigger. He said his understanding is the LLRC is not looking to do any more. He
does not know how many people have been to Birch's and walked the hills or the lane in the middle of the
woods to traverse the boats down the hills. It does not seem very appropriate, but that is the only place
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available. All the exercising is done at the fire station, which isn't a good situation either. He asked Mr.
Burrell to discuss those items.
Mr. Burrell said LLRC's plan was never to grow. They have a certain number they can handle in terms of
the coaching staff they can afford, practice times they can have based on their CUP now. People have
other things going on in their lives, so they are not going to be rowing seven days a week and 3-4 hours a
day. They have a sweet spot they like, although a few people have dropped out because of COVID and
financial strains, so they are operating a little leaner this summer. The building that LLRC wants to build
can pretty much house the fleet. They may have boats they have purchased come in and out, they may
have additional boats they use for new adults and new juniors coming into the program, they could add
some higher quality racing boats, but it does not increase the number of people they can handle and coach
and instruct on a weekly and monthly basis.
Walsh asked how many students LLRC has from Orono.
Mr. Burrell said about half are from Orono. Currently they have about 40 students, but typically they have
around 50. He clarified that in community ed they were all Orono kids.
Walsh asked if some of the rowers end up doing rowing at college.
Mr. Burrell stated they have college students that come back to Orono that have been in the program;
some row in college, some come back and row in the summer program. There is a college program which
is done along with adults and juniors.
Printup asked how many rowing club students went on to college through scholarships and benefitted
from the club.
Mr. Burrell said he could think of maybe up to 10 in the last four years. Students have gone to Notre
Dame, Virginia, Wisconsin, Brown, UCLA, and Syracuse. The girls are able to get scholarship
opportunities.
Printup asked what LLRC’s vision looks like with winter traffic.
Mr. Burrell said it will be lighter. There are more people participating in the summer and fall programs in
terms of on the water. Not as many do winter training, so traffic would be a little less.
Printup clarified that it would be the workout portion rather than banquets and parties.
Mr. Burrell said LLRC's plan is to use that as an office space for staff and coach. Winter training will take
place on the upper level.
Johnson asked who would be funding the project.
Mr. Burrell stated they would have to fundraise for the project. They have some preliminary ideas but
they have not spent the time on a full-blown fundraising plan yet. They have people within the club who
can help them come up with a good plan. Depending on what the actual cost will be, they have different
opportunities. Being a 501(c)(3), companies may want to donate goods or give them price breaks such as
for windows or siding. There are a lot of variables as far as cost to build that they would have to spend a
lot more time on once approval is given.
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Johnson asked if they established a general range of budget and expenses that they would have.
Mr. Burrell said it would be north of $1 million, although he was not quite sure how far over it would be.
Walsh asked if the bathrooms would be public bathrooms.
Mr. Burrell stated Walsh was correct. Originally, they had a separate pavilion building with bathrooms,
and then they backed off of that to keep the footprint down and the architect added them to the back of the
building.
Printup said Mr. Burrell mentioned there would be an opportunity for picnic tables and benches. He asked
if the Crew would be maintaining them. Also, if the bathrooms are public, would that fall under the
purview of the Crew.
Mr. Burrell said the Crew would look to the City to maintain the bathrooms if they are going to be public
bathrooms or it could be a shared responsibility.
Seals stated she mentioned at the last Council meeting she wanted to see what rowing was about. She is
not a good rower, but people need to realize Birch's is not a good location because of having to carry
boats down the hill. She can say that because she did it, although not gracefully. With everything that is
done, the devil is in the details. When she looked at the emails, there's questions about the size of the
building and public access. There's an email about the City selling the land and giving it to them. The
question is, if the City does a public-private partnership, what happens if the Crew decides to go away, is
the City stuck with the bag. She said this is not the first time the City has done a public-private
partnership. The baseball fields on the corner are owned by Orono, there are buildings there, and she
thinks people are pretty happy with that. It's unfortunate that an email went out from a Parks Board
Commissioner that didn't tell the whole story. It's the Council's job to listen to the whole story. There's
always good and bad about everything, so there's going to be some good things about the Rowing Crew,
there will be some concerns from some of the neighbors about change, which she understands. The
Council's job is to weigh all of those things and then make sure they are talked about. From what she
experienced, she did not see Birch's as a great location for LLRC, although Birch’s is being very gracious
by letting them be there. She thinks the LLRC needs a home. She noted comments from some residents
included that the LLRC should just stay there and make it better. LLRC does not own the land, they are
essentially renting at the leisure of the company, and that might not be on the table. She is in support of
exploring things. Right now, it's very early in the picture and it's good to hear everybody's statements.
Mr. Burrell said he would like to include a couple of additional points. He feels they had some good,
productive meetings with residents and neighbors and answered a lot of questions, tried to correct a lot of
false information, but there are still a few items they could use the Council's help to address. There are
still some people who believe they want to build on the beach, which was never LLRC's intent. They
understood from the outset the beach is off-limits and their plan has always reflected that. There's also
some misinformation about the docks. On the original plan last fall, the former Parks Chair contacted
LLRC's architect independently and set his own meeting to talk about his own idea for the park and to
create a concept for a U-shaped swim dock as part of his vision for Summit Beach, not LLRC's. It was
included in the original design at the November meeting per his instructions. LLRC's dock needs are more
simple, and LLRC is proposing them to be east of the beach. Referencing the overhead display, he noted
the rowing launch and said it would ideally be moved closer to where the boat launch dock is so LLRC is
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not impeding on the beach. He stated the proliferation of misinformation among neighbors and some
inflammatory language used at the Parks meeting has prompted some people to take matters into their
own hands. LLRC received a few emails, some profanity-laced, that they believe are from fake Hotmail
accounts. He is not sure where that got started, but they have them and they could be forwarded to the
Council. He has continually offered all of his personal contact information for anyone that has questions/
concerns. There are people that have taken that route and there have been some good, solid constructive
conversations and they have cleared up misinformation. He hopes people will continue to take that route.
They will not respond to threatening emails. He said the greater concern is that some of LLRC's rowers
have been targeted by other watercraft during organized practices; and independent rowers, who row on
their own in their own boats on their own time, have reported similar incidents. Rowers are always
prepared; the boat is sometimes split. He understands it's a busy lake, but rowers cannot defend
themselves against motorized watercraft and skiers who attempt to swamp their boats. The numbers are
down a little because of COVID, but the incidents are still happening with concerning frequency. While
they would like to think they are mainly day-trippers coming to the lake, they know some of the boats
belong to residents. LLRC takes this blatant disregard for safety on the lake very seriously and will
continue to file incident reports with the Hennepin County Water Patrol. He wanted the Council to know
some of that behavior has been going on this summer and it's disturbing. He reminded everyone the
rowers are youth and adult members of this community, a majority are residents of Orono and Long Lake,
their families live in the neighborhood surrounding the lake, and they own or work in businesses here.
Crosby said it was great for everyone to hear what Mr. Burrell had to say so everyone is informed.
Walsh invited attendees to come up and speak but the comments would be capped at 30 minutes and the
residents could decide who they wanted to come up.
Ms. Angela Mahoney, 2107 Sugarwood Drive, said she came to hear what the real story was because she
was disturbed by all of the garbage she was seeing on Nextdoor with inaccurate information. She is not a
rower. She swims and has swam at both beaches, she has kayaked, and is interested in this park getting
cleaned up because she has lived in the community for 20 years and it has always been a problematic
eyesore. There have been a lot of shenanigans that have gone on; a lot of kids drinking, coking up,
something got burned once. From a security standpoint, she is interested as an individual swimmer in
something that would bring a little bit more professionalism and oversight and a little bit more safety. She
is super excited to hear that the dock is not where the swimming beach is because then it will not impede
her at all. As a swimmer, she would encourage everyone to find a solution that works for everybody. She
is happy to swim at either beach, but she thinks a lot of the emails that were coming in were all of the
garbage going on in the Nextdoor app. She asked everybody to listen to what the plans are and be part of
the process because there can be a solution that works for everyone.
Ms. Betsy Johnson, 460 Long Lake Road East, has lived right across from the beach since 2012. She or
her husband has been to every meeting and she can say that they love that beach. They go over there
every day or sit on their front porch. There have been a few incidents they have reported; and the police
have been very, very helpful. Since the cul-de-sac has been put in, there have been less shenanigans. They
are really concerned about their property value. They have heard about boats that are going to be 60 feet
long. Also, the property that the boat club wants is prime waterfront property; the City should not give it
away. For financial reasons, it would seem that the City would get much more benefit by selling it to
someone who is going to build a beautiful house and pay taxes like they do. She said they pay big taxes to
be across the street from the beach, and it is disappointing that they can't get monitoring, more lighting, or
a lifeguard for the beach. The City Council does not need to bring in a boat house that is going to be
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almost the same exact size as their house in that beautiful park, which is the only park that's left with a
beach in Orono. The rest of the little beaches that are in Orono have fire access, and so this beach and
park is special. Its green space is also special. She has videos on her phone of people having Frisbee
parties and people playing fun games there. She said she has a lot of concerns. The City should not give
this away. They moved to the area because of that beach.
Walsh noted that the City Council is not giving the land away and it will be Orono land no matter what.
Printup said the City is definitely not selling park land.
Ms. Johnson said if the LLRC is putting their building there, they are not going to be owning it unless
they're purchasing it.
Walsh said the LLRC would just be leasing the land for a period of time.
Ms. Johnson asked how much it would be leased for. She heard it was like a dollar.
Walsh stated they are far away from those discussions; those discussions are not happening at this time.
Seals commented she thinks that is the problem, they haven’t even had that conversation, and it's hard to
shut it down when you hear all the wrong information.
Walsh said they brought the parks back in the last six years from not being managed at all to spending a
lot of time getting them back up to speed and spending probably $1 million. For example, Bederwood is
now completely flat and beautiful for soccer fields and lacrosse, so kids in the City do not have to go to
Wayzata or Delano to play soccer or lacrosse. Being able to do that in your own community adds value in
your community, to want to be and live here, which brings more value to everyone's property.
Ms. Johnson said she hoped so.
Walsh said they have been working on all of the parks.
Ms. Johnson said it is a big concern to them that they will be looking at the back of a building.
Walsh stated she could be a potentially good Park Commission member because Park Commissioners are
responsible for different parks because they live by them.
Ms. Johnson said that her husband would probably be even better. She hopes the City Council will
understand that this park is very special; it is the last one in Orono.
Printup noted, in regard to the last two speakers and the neighborhood app, he purposely stays away from
it because social media is nuts. He also referenced the comment, "I heard it was a dollar," and said that
people hear a lot of things and the City does not sell land. They create resolutions, but the City is not
selling their park land. The City does not want more houses. Taxes are fine; the tax base is fine.
Walsh stated that does not mean future Councils couldn't do that, but he wanted to be very clear that this
Council would not be doing that.
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Mr. Tom Bergstrom, 1509 Long Lake Boulevard, Orono, said he has lived on the north side of the lake
the last four years. He is not saying anything against the numerous benefits of the club. What they offer --
the activity, the sport, the scholarships -- exist whether or not the new building is built. Those things don't
change with the new building; they stay exactly the same. The scholarships are still here. The kids are still
able to go out and row. He has personally been out at Birch's as recently as four hours ago to look at the
space and inspect it. He asked what LLRC has done to address the safety concerns at Birch’s. They've
been there the last four years and are claiming it's unsafe. He asked why continue to operate in a space
that is deemed unsafe; it makes no sense. They’ve talked about security issues. He went down there. All
of the boats, less one boat, were hovered by the elements. He asked, if the boats are so expensive and so
important to be protected, why aren't they locked, why aren't there security cameras. These are small,
basic things that could be done that are not done. This building is a private club so that 90 people can
enjoy it. They say they want to "never grow." If they want to never grow, he asked why the current
square footage that is at Birch's would fit in about 33-50% of the size of the building they're requesting.
With the 4,500 square foot bay, you could double or triple the capacity of the boats. He asked why would
you need or want a building with that amount of space. It makes absolutely zero sense. They should get
security cameras at Birch's if they're so concerned. He stated the boats are a lot bigger in person, and
nobody is just going to steal the boat. You cannot put it on the back of a truck; you need a semi-truck. He
does not know how people get them down to the water. In reference to the comment about rowers
bringing them up and down the hill, they stay at the bottom of the hill. He lives on the top of the hill on
the north side of the lake. He has to walk down with his coolers, etc. If the City Council is giving away
park land, he would like some because he is sick and tired of walking up and down his hill, too. The boats
are brought down once a year and are stored down by the shoreline and brought up once at the end of the
year. There could be an argument that this is good exercise, which is what the club does. As far as a $1
million fundraiser, they're not even providing simple security, things to protect their current investment,
and asked how are they going to raise a million dollars to build the facility. They're claiming it's not safe
and they have storage concerns, there's no locks, etc. They are not doing the basics of what they're saying.
He stated this is not a partnership; the City is trading a park for some public bathrooms and a bench. If the
City wants that type of stuff, sell part of the land, take the proceeds of that, put in a playground, put in
public bathrooms. A small fraction of the size could be sold and the footprint that this new building would
take. As far as the baseball analogy, 90 people don't play baseball; thousands of people play baseball. He
can take his kid to the park and swing a bat and play for the afternoon. He cannot go to this facility
because it is a private club that he has to sign up for which is extremely expensive. This is not for the
enjoyment of everybody in the community. It's for people who have a lot of money; it is a very expensive
sport. He hopes someday his kids can go out and row, he thinks it is great and fantastic, but the proposal
does not solve anything different than the current situation. Everything will currently exist as-is, as it will
in this building, but now the City will not have a park. But the City will have bathrooms and a bench.
Ms. Eleanor Winston, 765 Spring Hill Road, Orono, said she has lived on the east end of Long Lake
longer than most people present have been alive. What bothers her is the size and placement of the
building. She said the little park started out many years ago as a resort, had platform cottages on it, and
people would bicycle over there. It's nice that other parks have been developed for athletics like
Bederwood, but it's also nice to have a park on a lake that is still in the natural way as its donor gave to
Orono because it was such a nice, natural setting. She said it's a big building for such a small park and sits
right in the middle. It does not look on the drawing the way it will if people go to the park and look and
drive in the driveway. She cannot see how it will not affect the activities in the park, especially now that
Three Rivers Park is looking at routing their Diamond Lake Trail up to Rogers from this area, along the
East Lake Trail, because that is going to bring more people by the park. She noted at one of the other
meetings the rowers said they come early and are just there for a few hours, but what's saying that the
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rowers can't stay and fill up the park and take over the park. They will be tripping over people and people
will be in the way of the boats when they are carrying them to and from the building.
Mr. Darrell Tamosuinas, 1525 Long Lake Boulevard, said he knows this is very preliminary. He thinks
some of the confusion is that there's been a lot of discussion already at the Park Board and other things
and many citizens just learned about this. People then feel like they're playing catch-up, and he thinks that
is probably what is raising an awful lot of ire or angst. He said it is good that the City Council is getting
this input and it sounds like it's a very formal process. He thinks everyone is experiencing and continues
to experience change. One of the nice things about Orono is you can still get a feel for the country, you
can still get a feel for the nature in this community, and there are a lot of places people can experience
that. Sometimes you don't have the opportunity, but in this case, we have the opportunity where we don't
need to experience change. Somebody donated the property because they liked the way it was and they
wanted to see that in perpetuity. He stated that this proposed project has a much bigger impact. This is
being called a public-private partnership, but the LLRC will be using not just the park with whatever
disruption that is. He has lived in Orono since 1991 and has used the park considerably over the years
with his daughters. It's not something that has to be done because there's been an excessive amount of
erosion or whatever. Also, somebody prior to us said, “You don't have to change because I'm going to
donate this and this is how you can use it and I'd like to see this go on for lifetimes.” He said he went to
Birch's to look at the property and there's some property where the smaller boats are held where some
sheds could be put. Although he does not know who owns the land, there could be some alternatives in
that area. He said the LLRC would not just be using the park, they would be impacting the entire lake.
Resident of 985 Old Long Lake Road, said he is in a big family. He has two brothers who are nine and
eight; he has two sisters that are 21 and also eight. He shared some memories that Summit Beach has for
him. He had a party there for his 13th birthday with all sorts of activities like football, volleyball, and
swimming. It was a super fun time and it felt like they got to do so much in that little bit of time.
Secondly, it would be like private rowing. They have met a lot of new people there because of the usage
and accessibility, one being his mother's best friend. They met because their father was from Minnesota
and the mother was from Spain, and they came back from a vacation and it was so much fun. His two
brothers made good friends. Thirdly, the park is a nice place to kick back and relax and enjoy nature.
People can pull up a hammock and read a book and relax.
Ms. Stachia Fey, 1570 Long Lake Boulevard, said she wrote a letter and received an email from the City.
She thinks there's a misconception that everyone got a letter from Julie, whoever she is, because she did
not, nor does she think everyone on her street did. She has been a resident for 18 years and is a
paddleboarder and carries her paddleboard from across the street all the way down a huge hill to get it
down to the lake every time she wants to use it. She feels like taking away that beach is going to take
away a part of the soul of Orono. It's part of where her son grew up. There are so many memories she has
at the beach. She does not see how a building can go up if the land was donated to the City from the
Daytons to use for natural resources. She asked how a building could be built on that land. She found out
about the proposed project the night before at 10:00 and did not sleep the whole night because she was so
worried. The letter the City received from her was written at 3:00, 4:00, 5:00 in the morning because she
did not know about this situation. She said Fithouse has great rowing machines. People can utilize the
current community fitness centers the residents already have. The beach is a gem, there is nothing around
like it, and she does not think it is fair to residents like her to take it away for 90 people.
Resident of 985 Old Long Lake Road, stated that since she came to live in beautiful Orono in 1999, she
fell in love with the access to the lake and beach and is blessed to rent a house four houses away from
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Summit Beach. Her kids are 21, 17, 9, and two 8-year-olds, and they have many memories every summer
about the beach. What makes Summit Beach different is the rope swing, which is by far one of the most
exciting things about the beach. She wishes her 5-year-old grandson can have the opportunity to go to the
beach like her five children did. Being a mother and grandmother, Summit Beach allowed them to have
something her children could enjoy and at the same time exercise and be children without having to
worry. She asked the City Council from the bottom of her heart not to take the beach from them. Summit
Beach holds a special place in their hearts. She is pretty sure she is not the only family that has memories
of birthday parties or friends that meet there or just having an amazing time at Summit Beach.
Ms. Alisa Benson, 1220 Lyman Avenue, said what people are hearing is a lot of emotion because it is a
wonderful community and, unfortunately, sometimes we as a community forget to partner with each
other. We bring to Council things and sometimes ask the Council to solve/resolve things when maybe
they need to talk to themselves. She stated she does not have anger as she approaches the City Council;
she feels sadness. The stories being told are emotionally touching and she feels gratitude that there are
individuals who put community ed classes out there and said she has taken rowing in community ed and it
was amazing. What she is hearing is a lot of brain power, passion, and energy in the room and she has not
been engaged with the individuals bringing this proposal forward. There is an Orono athletic center that
was just built that presumably has rowing machines, or it could. What Orono does not need is lakefront
property for rowing machines. She said she has a good wingspan, and there are mature trees in the park
that she can't get her arms around. She spent a couple of hours at the park the previous day, and she hasn't
heard any talk yet about partnering with residents and communities. There are business owners and
citizens that have good ideas. She is not anti-rowing or anti-storage sheds. She thinks sometimes in Orono
people lose sight of needs versus wants. She indicated she was not present to disparage the sport or
equipment. She is not into spreading misinformation or treating people poorly; it's not okay. However, a
need versus a want are two very different things. The proposals she has read and sketches she has seen
look to be wants, not needs. If storage sheds are a priority, maybe the wonderful community could help
make that happen, but not on lakefront property and not where the City would be ruining stuff. She
noticed the trees are not diseased or rotten and there is a lot of wildlife out there. There were probably
about 20 kids out on the beach. Residents are enjoying the park fully. Nature does not need Orono’s help;
it does really well on its own. She noted it would be great to find a solution for LLRC, but not at the
expense of nature which, in the vision statement of Orono, is to be the residential community of choice
and remain widely recognized for its preservation of natural rural beauty, quality of life, and recreational
assets. She thinks Orono can have both and a solution can be figured out, but not on that property. She
said she comes from California where beachfront property is always public. In Orono there are two public
beaches; the rest are privately owned. She asked wouldn't it be wonderful if some of those private owners
would sell their land at a discount to a non-profit. She suggested talking about those things because she is
into solutions, not into complaints. She is not into disparaging community non-profits. She asked to
please engage Orono’s citizens and listen to them and their ideas because they want to help.
Walsh said it had been about a half hour and asked Mr. Burrell if he wanted to respond to anything.
Mr. Burrell said he would not respond to everything that's on the record; it is their right to come up and
speak. He stated LLRC has always said they are interested in looking at what is possible for the club to
build a permanent home. He wants to be crystal clear that they are not taking away the beach; it has never
been their intent. They know it's a park that will have multiple uses; it's going to continue to have that.
They are not building on the beach; they are not taking away things that go on the beach. That is not
going to happen at this park with anything that will be proposed going forward.
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Ms. Beth Davis, 220 Wakefield Road, said her kids spend a lot of time at the beach. They put their
hammocks up where the building is proposed. They love the beach. She stated she received Julie's letter
and is thankful that Julie sent it or she wouldn't have known anything about it. She indicated, in Julie's
defense, it's nice to be notified. She said Julie underestimated the size of the building in her email but is
glad they were able to find out about it at this stage of the game.
Crosby thanked everyone for sharing their thoughts. He knows it takes guts to walk up to a microphone
and address the Council. He agreed with the lady who said everyone needs to be a little kinder to each
other. If there are boats on the lake going after rowing boats, it is not acceptable; and Orono residents
putting each other's safety at risk is not acceptable. Everyone needs to take it to a higher level and have
this discussion on a nice, civil, friendly discourse.
Printup stated he liked the comment from somebody about it's a good idea but the devil is in the details.
He is okay with starting the conversation but not okay with selling City land.
Seals said the City Council does not sell City land.
Printup commented that the issue comes up from time to time, that the City is selling a fire lane or a park,
but the City does not do that.
Walsh stated the Council is not going to make any decisions regarding building size but they are giving
guidance to the Applicant so they know if they should move anything forward. The Applicant has put
effort in talking to neighbors, obviously. The question is, is the City interested in having the discussion
about a public-private partnership with some kind of facility that works for the beach, the residents, the
LLRC, and how that is going to be sorted out. Regardless of who knows about it or not, there have been
meetings for the Park Commission, the Fire Department has hosted some meetings, the topic has come up
at the work session. The question is, does the City Council want to continue to talk about the public-
private partnerships. There are a lot of them in the parks already, and it is not Orono who is taking care of
a lot of the things that are at the parks. Soccer teams, baseball teams, and lacrosse teams are funding and
using those facilities, so they are the ones who are making sure the sand is good, that things are getting
fixed. The City is mowing the grass and doing things in the park as well. It's a partnership for both people.
Orono has a very well-to-do community, and he asked if the community wants to have rowboats sitting in
the woods where they have to put locks on them. He asked if the City Council wanted to continue the
conversation to see where it goes with the Club, with the community. There would need to be more input
and strategy sessions on what works, what doesn't, how big, how small, etc.
Crosby said he would like to see what kind of community tie-in there can be such as more community
input, something with the school district.
Seals stated at one time there was a structure on Big Island where community ed did things.
Crosby asked if that was the one that was burned.
Walsh said that was burned down.
Seals stated there was a partnership there and there was a value to the community and it wasn't restricted.
She said it sounds like there's no alignment with a lot of neighbors and community and asked if there is a
happier medium. There will be more discussions going on, but the size of the building needs to be kept in
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mind, making sure it doesn't invade the beach, and that there's improvements and that everyone can use it.
The conversation was started but there are no details yet because nothing has been decided. Even with the
details, that's when the decision comes. She feels like that is where the community alignment comes in
and there's discussion. Maybe it works, maybe it doesn't, but there has to be a discussion.
Johnson said the City Council always needs to consider some public-private partnerships that are going to
enhance some of the resources that are there. What the Council heard is the residents did not feel like they
were being informed of what was going on, there's probably some fear that this is going to get railroaded
through and people that are affected the most weren't in the know. He stated he is relatively new to
government; and the truth is, if there were good communications processes in place, especially those
nearby residents, this would not occur without them knowing. There is going to be a lot more time for
residents to be publicly involved and steering the future. He said there is no reason in his mind to say the
City Council should stop it right now. People should bring up ideas. It doesn't mean they make it all the
way through, but the City is open to ideas about how to better utilize it, and the City does not want to take
away the privilege that somebody already has. There has to be a way to balance the two. He asked if there
was some sort of condition in which the City accepted the property as a donation that included a provision
that stated that there can be no development.
Seals said that would come up if it went to the Planning Commission because it came up with Big Island.
Johnson stated some people were making a reference to it so it helps to understand everything. He said
the proposed project has his support to find something that is workable for the City as a whole and for
their organization.
Seals indicated that if there is an easement like Big Island has, it tells the City exactly what they can and
cannot do. It would not be a bad idea to figure that out earlier than later.
Walsh said the City spent a lot of brain power over the years on the East Long Lake Road project. It is not
falling on deaf ears to make sure the City does well thought-out projects. He knows there are a lot of
people that didn't want that project, they loved that cut-through, but the road was falling to the lake and
environmentally it wasn't really a good idea. After a lot of input, the Council said it was the best thing for
Orono, and it was a great project. He stated at a Park Commission meeting they discussed all the
additional improvements at Summit Beach like playgrounds, benches, etc. Things are not happening in a
vacuum and they are not happening in a one-week time. It's a constant process and evolving over a period
of time. It is good to hear everybody's thoughts and processes, but he thinks public-private partnerships
have pretty much made all of their parks champion; and if common ground can be found for everybody,
there should be some dialogue continuing forward. If there is an easement that says it can't be done, that
ends the conversation right there.
Crosby said he agreed with the previous City Council Members that there should be a conversation
moving forward, get public input, but do things in a respectful manner.
Rief stated he will look at some sort of framework to value the park as it is today and what the new vision
for the park could be and its value then. He said Staff could help establish that.
Walsh said it would be more information and he hoped there could be more dialogue in the future. He
thanked everyone for coming.
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RECESS & RECONVENE
Mayor Walsh recessed the meeting at 7:25 p.m. The meeting was reconvened at 7:28 p.m.
FINANCE DIRECTOR REPORT
8. SECOND QUARTER FINANCIAL REPORT
Olson stated revenues are looking pretty good at this point in the year with 55% of revenues. Last year at
this time the City was at 58% of revenues. They did receive on the tax settlements another $900,000 on
July 3, which is not recorded, and last week the City received $217,000 which would be the first and 70%
of the late payments that were made after May 15 but before July 15. He thought by the end of the week
the City should receive another $85,000 in tax settlement. He clarified this is general fund taxes. He said
the City is around 50% for property taxes, which he was previously concerned about, but at this point the
City is on track. Licenses and permits are at 52% for the year, which is pretty good. Building permits are
down from a year ago, at 44% of building permits. That number is generally new construction.
Johnson said that can be made up with other types of construction such as remodeling permits.
Olson stated Johnson was correct. The City is $18,000 under 50% of the building permit money, which
can be one single permit.
Johnson said that he thinks there will be a surge in building permits soon.
Walsh noted the City kind of depends on that for extra revenue.
Olson stated the City receives the police state aid in October and receives the state training aid from the
POST Board later in the year.
Council Members and Staff talked about the golf revenue increase which they thought was due to people
being off of work and the nice summer. It is particularly interesting because the golf course was not open
right away in the spring, although it was one of the first activities that opened up.
Olson displayed a graph showing building permits for 2020 and said overall the numbers were okay.
Council Members discussed a building permit in the neighborhood not yet received by the City.
Olson stated they are over budget for the year already on the mechanical permits with $62,000 in revenue,
although one permit accounts for $31,000. He went over the plan review number and indicated a lot of
times a plan review will come before a building permit is issued. He talked about the 2019 and 2020
numbers in that category and said that a plan review can almost be looked at as a leading indicator when it
comes to building permits.
Walsh said there is one more meeting in August to get July’s numbers before they need to start setting the
budget lobby.
Council Members and Olson discussed the timeline for setting budget numbers.
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Rief stated that last week Edwards had 24 site plan reviews, which is a big number, so the numbers are
trending upward.
Olson said they are planning to build a dock at their lake and the guy at the lumberyard said if you know
you are doing a project, buy them now because he is hearing from his suppliers there could be a shortage
of building supplies. When Olson asked him why that would be, he was told it goes back to the beginning
of the year and some of the disruptions. His guess is there's a longer time from cutting the tree to getting it
to market, so some of the supply chain disruptions might come into play. He then displayed a graph for
the second quarter information and noted the City is below the last four years; however, the City is over
50%. Six weeks ago, he felt they would finish revenues at 98%, but now he believes the City should hit
100% of revenues based on what he is seeing. Regarding expenditures, the City is doing well. Last year at
this time the City was at 47% of the expenditure budget; this year the City is at 44%. There're two
departments that might go over budget; one is Mayor/Council, which is not related to anything the group
is doing, it is the cost of the recorder, Jackie Young having retired. Human Services were at 76% of
budget; the City paid the Gillespie Center for the year after they came and spoke. The only thing left to
pay in that line will be the summer activities through the school district, so it will probably be around
100%. The golf course may go over budget for the year; the good news is, the revenues are going way up.
He stated when the golf course was closed there was a lot of maintenance done, so it’s the repairs and
maintenance and buildings and grounds supplies line items that are high. There is not a lot more
maintenance planned since so many things were done earlier in the year, partly because of COVID.
Council Members noted it is just like the residential area; people are taking care of maintenance issues.
Olson stated that, all in all, he did not see that there was anything to be concerned about in the budget at
this time. There is a good reason for anything that looks suspect, and Finance will continue to watch the
expenditure lines. He displayed information regarding the top vendors for the second quarter and
discussed them.
Council Members and Staff discussed that Unit 421 was for a dump truck that was approved in 2019 and
costs associated with it.
Rief stated the City goes with single-axle dump trucks because of the streets, so the City cannot buy dump
trucks to fit what they need because they are municipal only. To get the best deal, the City goes through
the state contract to get the chassis for X price, but the rest of the equipment goes through a different
vendor to get the best price. He said pretty much all of the vehicles are built that way.
Council Members commented that many of the most expensive items on the budget are totally out of the
City Council's control.
Printup brought up the Met Council and stated, related to utilities, 33% is Met Council for sewer.
Olson said it might have been more than that.
Printup stated it's a great piece of information for the public to know because it's not just that the City of
Orono is billing everyone. The City is trying to keep it down on their end.
Rief noted the number could be 37%.
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, July 27, 2020
6:00 o’clock p.m.
_____________________________________________________________________________________
Page 18 of 21
Olson said it is a big chunk of the monthly expenses.
Walsh stated that is why the point-of-sale program is being implemented. The City has done their part and
they need to keep working on it.
Olson said one of these years there will be a dry year and Met Council charges should drop $100,000 or
so and the sewer fund will look very good.
Johnson asked about the credit card fees.
Rief, Walsh, and Johnson discussed how credit card payments came about and what bills get paid that
way.
Olson noted the City still pays the credit card fees at the golf course, which is 2¾%. A round of golf used
to be $10 and then the City would back out the sales tax. Now the 7.65% sales tax is added to it, so the
City collects $10.76. He said it's more of a retail organization.
Printup commented that a question can sometimes change policy and then policies that were in place long
before the present City Council get fixed.
Olson displayed year-to-date information and stated no one can really compete with the Met service.
Johnson asked where the City is at with the RFP on health insurance.
Olson said he talked with Connor from Paychex who said the City is in great shape and it is too early to
get quotes. He will follow up with Connor to make sure things are going through. Olson said he told him
if the RFP doesn't go well, he will be dealing with a different Finance Director when he gets to the City.
Johnson noted it will be interesting to see how COVID will impact health insurance.
Walsh said he just got his literature and it was 3½%.
Olson stated the loss ratio for health insurance was the best he'd ever seen. It was about 77% for the
second quarter because nobody was going to the hospital or clinic for routine stuff.
Rief said it is a positive for the health insurance companies but a negative for the hospitals because they
are not having revenue coming in.
Olson displayed information and gave a recap of investments. The total investment portfolio at the
moment is $13 million. Part of the reason there's $1.8 million in the 4M Fund is because the City was
getting the tax settlement. He said there are not a lot of places to go to get more than what the money
market is.
Crosby asked if the City was still buying municipal bonds.
Olson said there are some but not a lot because they are way down, too. He did not think he bought any
new ones in the second quarter because he would have had to go out to 5-6 years and still get under 1%.
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, July 27, 2020
6:00 o’clock p.m.
_____________________________________________________________________________________
Page 19 of 21
Normally ½ to ¾ of the portfolio would be municipal bonds. He displayed the three new investments in
the second quarter, and Council Members discussed the low percentage rate.
Crosby asked if they were running on a transactional basis or on a fee basis platform.
Olson said he did not remember but the City is not charged a fee directly.
Crosby said if they did charge a fee, Olson would see it because it would be on the statements, so it must
be transactional.
Olson said there is $116,000 interest year-to-date so it’s a little less than last year. That's a factor of the
interest rates which have been sliding since the beginning of the year. The City has one 2.2% CD right
now but it matures in August, and after that the highest one is about 1%. It will be a tough year for
interest, but it's also not a huge money-maker.
Walsh indicated the revenue from the permits is what he is tracking because that's an over-and-above
number. As far as real estate taxes, the City budgets for 99% or 100% and it could go to 101 to 102%
with all the fees and overpayments coming in. He would like to make sure that the City is at least getting
to 100%. Living in Orono, most people are paying their taxes on time.
Olson said the City does very well. He stated his worst tax collection since his time at the City was
97½%, which would have been in 2009 or 2010.
Walsh said another good number to track is the budget money that is set aside just to see what percent the
City is at so the City knows how much flexibility there is. If the City raises the budget, they have to
balance that, too. Since the interest rates are so low, the City will have to put money into it, it's just how
much.
Olson stated those are numbers that will be looked at when going through the budgeting process.
MAYOR/COUNCIL REPORT
Seals said she was excited to see fireworks on the water. She is excited to see people outside in the parks.
As far as the LLRC, it is affordable to join. In reality, half the people will be happy and half won't, but
there is probably a solution somewhere.
Printup said he went to a wonderful event, Back The Blue. It has been fun supporting the police.
Crosby stated he joined Printup at the Back The Blue event in Bloomington, and there were a lot of
patriots supporting the police and letting them know that people care. There were a lot of active people,
and he spoke at the rally and was told he did a nice job. He spoke about having an Officer's back and
understanding that Police Officers, especially right now, are going through a tough time and people need
to remember that when there is a dangerous situation, Police and Fire members are the ones who are
there. They are heroes to him. Although there are some issues, Police Officers do an outstanding job and
need to be respected and supported and not defunded but make sure they are properly funded. It will not
be a fun experience to be calling 911 and not getting an answer.
Johnson stated he and Walsh had the Police Commission meeting which gave them a chance to get an
inside look at what the Officers are protecting them from and the responsibility that's included. One of the
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, July 27, 2020
6:00 o’clock p.m.
_____________________________________________________________________________________
Page 20 of 21
things that came up was the Governor's Order of the statewide mandate of the masks. One of the
components of that is they did not want the enforcement of masks to take away from their effectiveness in
the field.
Johnson moved, Crosby seconded, that Orono is having their Police Officers largely playing a role
of education where they see appropriate and that is what the City Council is asking them to do.
VOTE: Ayes 5, Nays 0.
Johnson said it was interesting that the very tight borders both north and south have impacted the amount
of narcotics that are making their way into the United States. It demonstrates that if you patrol the border,
there are positive effects. He said it affects the amount of drugs available in Orono, too. He stated that
amongst the COVID issues, there are positive things happening. He noted there was another drowning on
Lake Minnetonka off of a rental pontoon when a man was helping another individual in distress.
Crosby stated he is probably overly cautious, but when he goes out on the lake with his wife and
daughter, he puts on a life jacket. He looks at it as, there has to be somebody there that can help the other
two. He wished the guy that jumped in to help the individual would have had a life jacket on.
Johnson commented that alcohol is often involved in these kinds of incidents, although he did not know if
that was the case in this situation. He also said the Police Department is doing a good job on a lot of
fronts.
Walsh said, as a master SCUBA diver, he is trained in water rescue, and it is very dangerous to try to help
people who are flailing. He does not know if that was the situation. He stated it is nice to see kids playing
and having fun in the water. He announced that he would be running for Mayor for the next four-year
term and would be running with his favorite team: Crosby, Seals, and Walsh. He will be signing up in the
morning. Early voting for the primary is August 4-10, and the primary is on Tuesday, August 11.
CITY ADMINISTRATOR REPORT
Rief said there is now a mask order related to COVID and there are signs on the doors. The meeting is
exempt but everything else the City does is not, so there are masks for Staff when they are in the common
space. In their offices they are not required to wear one, especially on the phone. When people walk in to
the office, they will notice the secretary is not wearing a mask, and that is because she is in a protected
cubicle and she's by herself, so she is not required to wear a mask. He stated he wanted to make that clear
because there has been some pushback about not wearing masks. Orono is following the guidelines and
doing what they should do. The City has not received its CARES Act money yet that they applied for in
the amount of $610,000. That money should be deposited shortly and the City will be bringing forward
expenditures, and so forth, that are outside of what Staff can purchase as things come up. Right now, they
have about $7,500 that they have applied to the initial FEMA grant. He expects to see that funding come
back somewhere around October or November. Right now, they are between the $230-240,000 range in
total expenditures related to COVID expenses. A lot of the expenses are around the elections and
sanitizers, etc. They are looking for more election judges. Everyone is struggling across the state because
it's a weird time and people may not feel comfortable dealing with the public. A majority of the judges are
older. The City is looking forward to more people coming in, but they are looking at full-time Staff taking
up some of the responsibilities.
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, July 27, 2020
6:00 o’clock p.m.
_____________________________________________________________________________________
Page 21 of 21
Walsh said with COVID and the different items and equipment needed, the City should make sure they
are putting everything they can put in so it doesn't come later and impact the City's budget because the
City gave the money back.
Council Members agreed with Walsh's comments.
Rief said the Westonka School District requested that the City consider them as part of the funding option
because it's not something that was laid out in the first CARES Act. The Cities and Counties get money
but nothing was considered for the school districts. When the City figures out what it needs internally, it
is something he would like to bring back and have a discussion on how to help contribute for some of the
increased expenses the school district is having.
Council Members discussed helping all the school districts out in whatever way possible while making
sure the money is being spent on something worthwhile.
CITY ATTORNEY REPORT
None.
ADJOURNMENT
Seals moved, Printup seconded, to adjourn the Orono City Council meeting at 8:14 p.m. VOTE:
Ayes 5, Nays 0.
ATTEST:
_____________________________________ _______________________________________
Anna Carlson, City Clerk Dennis Walsh, Mayor
Orono City Council
Work Session Minutes
Monday, June 22, 2020
Council Chambers
5:00 p.m.
PRESENT: Mayor Dennis Walsh, Council Members Richard F. Crosby II, Victoria Seals,
Aaron Printup and Matt Johnson. Staff members present were City Administrator Dustin
Rief, Finance Director Ron Olson, and City Clerk Anna Carlson.
1. FLSA Audit
City Administrator Dustin Rief began discussion with a brief overview of the FLSA
Audit and findings. He noted that the city will research back two years in payroll to
determine the amounts for back pay for overtime needs. Rief also noted that the amount
anticipated for back pay is much less than the City had originally anticipated.
Council Member Aaron Printup mentioned that he thought staff should have looked
deeper into the issue prior to sending out an email before the weekend for Council to
mull over without a lot of explanation.
Mayor Walsh noted that it was likely better to overshoot the total cost than to
underestimate.
There was some discussion and questions about how the situation occurred.
Police Chief Correy Farniok explain possible scenarios for how the situation came
about.
Council Member Johnson mentioned that he did not feel there was much visibility
leading up to this and he questioned how the City’s communications process for things
like this work. He added that there is an opportunity to learn from this
miscommunication and the City could develop a process to improve it going forward.
Johnson asked if our new payroll system will help us with these challenging issues. He
also asked for an update about the new system.
Rief mentioned that we are working on it right now.
Finance Director Ron Olson mentioned that the City is live with the payroll aspect of the
new system, we are still currently implementing the time and attendance module.
Walsh mentioned that it would be nice to possibly get more details about these things in
the Management Team Notes.
Johnson added that he wanted to reiterate that staff should reevaluate their outcomes and
make changes as you go.
Council Member Victoria Seals mentioned when there is a big deal we need to know
Orono City Council
Work Session Minutes
Monday, June 22, 2020
Council Chambers
5:00 p.m.
right away.
Walsh added that is why it is important to add it to the weekly notes.
2. Face Covering
Farniok gave an update on how the police department plans to handle face mask
complaints. He added that when those types of complaints come in we are planning to
educate versus act on an individual entering into a building or business. However, we
may get an email about businesses that are not complying, and at that point we will
contact the businesses to discuss further education or other measures if any are needed.
If Council would prefer that we take other actions please let us. He added that Council
should be aware that it could take the officers away from issues that truly need their
attention. We should give the department clarification of the Council’s expectations.
Printup asked if the Council needs to be formal by motion or in a consensus here at the
Work Session was sufficient.
City Attorney Soren Mattick mentioned that t is acceptable to give consensus and to
guide based on the discussion that was had at the Council Work Session here tonight.
3. Budget and CIP
Finance Director Ron Olson gave a brief update outlining the changes made to the
budget since the last discussion with the City Council took place.
Adjourned: 5:55 p.m. CITY OF ORONO:
__________________________________
Dennis Walsh, Mayor
ATTEST:
____________________________
Anna Carlson, City Clerk
AGENDA ITEM
Prepared By: MLU Reviewed By:RJO Approved By: DJR
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
114396 to 114479, totaling $303,141.51.
3. Noteworthy Payments.
Vendor
Amount
Description of Payment
#114434 Kriha Electric
$28,197.00
Purchase of generators for lift stations #3 and #13.
#114440 Maverick Drone Systems
$8,448.58
Payment for a drone for police department purposes.
#114473 TL Stevens
$30,180.75
Payment for the well at Bederwood Park.
4. Staff Recommendation. Staff recommends approval of a motion authorizing payment to the claims
list as presented.
COUNCIL ACTION REQUESTED
Motion to approve the claims list as presented.
Exhibits
A. Check Register
Item No.: 3 Date: August 13, 2020
Item Description: Claims/Bills
Presenter: Ron Olson
Finance Director
Agenda
Section:
Consent Agenda
City of Orono Check Register - COUNCIL REPORT Page: 1
Check Issue Dates: 7/28/2020 - 8/13/2020 Aug 06, 2020 04:39PM
Check Check Invoice Invoice GL Account Description Department Invoice
Payee Issue Date Number Number Amount
Arvig Enterprises 07/30/2020 114396 072920 101-22205 ESCROW REFUND - ROW19-000028 1,500.00
Total 114396:1,500.00
Derek Nikko Excavating Inc 07/30/2020 114397 072920 101-22205 ESCROW REFUND - ROW19-000036 1,500.00
Total 114397:1,500.00
ICMA RETIREMENT TRUST 45 07/30/2020 114398 073020 101-21705 457 - 7/30/20 1,691.00
Total 114398:1,691.00
LaPointe Utilities Inc 07/30/2020 114399 073020 101-22205 ESCROW REFUND - ROW20-000014 & 18 3,000.00
Total 114399:3,000.00
MN STATE RETIREMENT-HCSP-07/30/2020 114400 073020 101-21718 PEHSCP - 7/30/20 2,015.05
Total 114400:2,015.05
NATIONWIDE RETIREMENT 07/30/2020 114401 073020 101-21705 ROTH - 07/30/20 50.00
NATIONWIDE RETIREMENT 07/30/2020 114401 073020 101-21705 OBRA - 07/30/20 487.16
NATIONWIDE RETIREMENT 07/30/2020 114401 073020 101-21705 457 - 07/30/20 1,045.00
Total 114401:1,582.16
ORCHARD TRUST-MNDCP-ING 07/30/2020 114402 073020 101-21705 457 - 07/30/20 1,245.00
Total 114402:1,245.00
ROC Communications 07/30/2020 114403 072920 101-22205 ESCROW REFUND ROW20-000020 & 21 4,500.00
Total 114403:4,500.00
UNITED STATES POSTAL SERVI 07/30/2020 114404 UB 7-30-20 601-49400-322 7/20 UTILITY BILLS Water 227.27
UNITED STATES POSTAL SERVI 07/30/2020 114404 UB 7-30-20 602-49450-322 7/20 UTILITY BILLS Sewer 227.27
UNITED STATES POSTAL SERVI 07/30/2020 114404 UB 7-30-20 651-49910-322 7/20 UTILITY BILLS Storm Water 227.26
Total 114404:681.80
City of Orono Check Register - COUNCIL REPORT Page: 2
Check Issue Dates: 7/28/2020 - 8/13/2020 Aug 06, 2020 04:39PM
Check Check Invoice Invoice GL Account Description Department Invoice
Payee Issue Date Number Number Amount
A 1 ELECTRIC SERVICE OF WA 08/13/2020 114405 22267 101-45200-404 BEDERWOOD ELECTRICAL Parks 1,963.28
Total 114405:1,963.28
ADVANCED IMAGING SOLUTIO 08/13/2020 114406 420115644 710-49970-413 PW COPIER LEASE 07/20/20-8/20/20 121.76
Total 114406:121.76
ALLSTREAM 08/13/2020 114407 16966621 101-42110-321 PHONE SERVICE 07/23-08/22/20 Police Department 313.88
ALLSTREAM 08/13/2020 114407 16966621 101-41900-321 PHONE SERVICE 07/23-08/22/20 Central Services 439.42
ALLSTREAM 08/13/2020 114407 16966621 601-49400-321 PHONE SERVICE 07/23-08/22/20 Water 73.24
ALLSTREAM 08/13/2020 114407 16966621 602-49450-321 PHONE SERVICE 07/23-08/22/20 Sewer 167.40
ALLSTREAM 08/13/2020 114407 16966621 101-45210-321 PHONE SERVICE 07/23-08/22/20 Golf Course 52.31
Total 114407:1,046.25
Aspen Mills 08/13/2020 114408 258723 101-42110-226 UNIFORMS Police Department 130.88
Aspen Mills 08/13/2020 114408 259120 101-42110-226 UNIFORMS Police Department 344.04
Aspen Mills 08/13/2020 114408 259305 101-42110-226 UNIFORMS Police Department 81.00
Total 114408:555.92
BARRY RATHBUN 08/13/2020 114409 071720 101-43000-441 REIMB DL RENEWAL Public Works Department 19.00
Total 114409:19.00
BOLTON & MENK INC.08/13/2020 114410 0251357 225-45200-304 BEDERWOOD PARK IMPROVEMENT 19-032 248.00
BOLTON & MENK INC.08/13/2020 114410 0254375 435-48972-304 2019 STREET IMPROVEMENTS 19-001 1,051.00
BOLTON & MENK INC.08/13/2020 114410 0254376 101-43280-304 LA19-000022 WILLOW BAY SANCTUARY Special Services 713.00
BOLTON & MENK INC.08/13/2020 114410 0254377 101-43280-304 LA18-000038 SOUTHWAYS DEVELOPMENT Special Services 924.00
BOLTON & MENK INC.08/13/2020 114410 0254378 101-43280-304 LA18-000036 2635 KELLY PARKWAY Special Services 504.00
BOLTON & MENK INC.08/13/2020 114410 0254379 101-43280-304 LA18-000072 2709 WALTERS PORT LANE Special Services 434.00
BOLTON & MENK INC.08/13/2020 114410 0254380 101-43280-304 LA18-000072 2709 WALTERS PORT LANE Special Services 1,297.00
BOLTON & MENK INC.08/13/2020 114410 0254384 651-16500 2020 DRAINAGE IMPROVEMENTS 875.00
BOLTON & MENK INC.08/13/2020 114410 0254385 602-49450-305 GIS MAINTENANCE SEWER Sewer 3,335.00
BOLTON & MENK INC.08/13/2020 114410 0254385 601-49400-305 GIS MAINTENANCE WATER Water 345.00
BOLTON & MENK INC.08/13/2020 114410 0254385 101-43170-305 GIS MAINTENANCE Engineering 115.00
BOLTON & MENK INC.08/13/2020 114410 0254390 602-16500 2020 SEWER IMPROVEMENTS 20-014 12,550.00
BOLTON & MENK INC.08/13/2020 114410 0254391 435-48973-304 2020 STREETS IMPROVEMENTS 20-001 2020 Street Improvements 23,603.00
BOLTON & MENK INC.08/13/2020 114410 0254392 651-49910-304 ENGINEERING SUPPORT Storm Water 206.00
City of Orono Check Register - COUNCIL REPORT Page: 3
Check Issue Dates: 7/28/2020 - 8/13/2020 Aug 06, 2020 04:39PM
Check Check Invoice Invoice GL Account Description Department Invoice
Payee Issue Date Number Number Amount
BOLTON & MENK INC.08/13/2020 114410 0254395 225-45200-304 EAST LONG LAKE TRAIL 20-029 32,324.50
BOLTON & MENK INC.08/13/2020 114410 0254396 101-43170-304 20-035 PW BLDG FEASIBILITY STUDY Engineering 1,170.00
Total 114410:79,694.50
CAPITOL BEVERAGE SALES L.P 08/13/2020 114411 2444296 101-45210-091 BEER FOR RESALE Golf Course 971.00
Total 114411:971.00
CARDMEMBER SERVICE 08/13/2020 114412 062420 101-45210-433 MGCSA MEMBERSHIP Golf Course 165.00
CARDMEMBER SERVICE 08/13/2020 114412 071020-1 602-49450-201 DOOR TAGS Sewer 138.19
CARDMEMBER SERVICE 08/13/2020 114412 072020-1 101-42110-226 FACE MASKS COVID/CARES ACT Police Department 278.01
CARDMEMBER SERVICE 08/13/2020 114412 072420 651-49910-240 TOOLS Storm Water 966.65
CARDMEMBER SERVICE 08/13/2020 114412 072820 710-49970-401 TRICASTER REPAIR 525.00
CARDMEMBER SERVICE 08/13/2020 114412 072920 101-42110-437 NATO - SONNEK Police Department 750.00
CARDMEMBER SERVICE 08/13/2020 114412 072920-1 101-42110-437 NTOA - SCHOENHERR Police Department 750.00
CARDMEMBER SERVICE 08/13/2020 114412 072920-2 710-49970-401 TRICASTER REPAIR 525.00
CARDMEMBER SERVICE 08/13/2020 114412 080320 703-49960-379 FUEL PUMP COMMUNCATIONS CARD 198.40
CARDMEMBER SERVICE 08/13/2020 114412 080320-1 101-42110-437 FBI NAA RETRAINER 2020 Police Department 95.00
Total 114412:4,391.25
CARGILL SALT 08/13/2020 114413 072320 601-49400-216 SOFTENER SALT Water 5,261.85
Total 114413:5,261.85
CENTERPOINT ENERGY MAIN 08/13/2020 114414 072420 602-49450-381 1222 BRACKETTS PT RD GAS 7/20/20-6/18/20 Sewer 22.38
CENTERPOINT ENERGY MAIN 08/13/2020 114414 073020 601-49400-381 GAS SERVICE 6/23 - 7/23 Water 523.11
CENTERPOINT ENERGY MAIN 08/13/2020 114414 073020 602-49450-381 GAS SERVICE 6/23 - 7/23 Sewer 334.34
CENTERPOINT ENERGY MAIN 08/13/2020 114414 073020 101-41900-381 GAS SERVICE 6/23 - 7/23 Central Services 87.72
CENTERPOINT ENERGY MAIN 08/13/2020 114414 073020 101-42110-381 GAS SERVICE 6/23 - 7/23 Police Department 35.76
CENTERPOINT ENERGY MAIN 08/13/2020 114414 073020 101-45210-381 GAS SERVICE 6/23 - 7/23 Golf Course 25.52
Total 114414:1,028.83
CENTURY LINK 08/13/2020 114415 071920 101-45210-321 GC PHONE/INTERNET 7/19-8/18/20 Golf Course 224.88
Total 114415:224.88
CINTAS CORPORATION 08/13/2020 114416 4057536950 101-43000-221 SHOP TOWELS Public Works Department 3.50
City of Orono Check Register - COUNCIL REPORT Page: 4
Check Issue Dates: 7/28/2020 - 8/13/2020 Aug 06, 2020 04:39PM
Check Check Invoice Invoice GL Account Description Department Invoice
Payee Issue Date Number Number Amount
CINTAS CORPORATION 08/13/2020 114416 4057536950 101-43000-226 UNIFORMS Public Works Department 54.75
Total 114416:58.25
CITY OF BLOOMINGTON 08/13/2020 114417 2000187 601-49400-489 BACTERIAL WATER TESTING Water 31.50
Total 114417:31.50
City of Orono Utilities 08/13/2020 114418 072020 CH P 101-41900-382 JULY 2020 UB - CH Central Services 1,318.93
City of Orono Utilities 08/13/2020 114418 072020 CH P 101-42110-382 JULY 2020 UB - CH Police Department 1,318.92
City of Orono Utilities 08/13/2020 114418 072020 PO 101-41900-382 JULY 2020 UB - PO Central Services 78.14
City of Orono Utilities 08/13/2020 114418 072020 PW 101-41900-382 JULY 2020 UB - PW Central Services 552.25
City of Orono Utilities 08/13/2020 114418 072020 WP 601-49400-382 JULY 2020 UB - WATER PLANT Water 92.00
Total 114418:3,360.24
CITY OF WAYZATA 08/13/2020 114419 080420 601-49400-387 JULY 2020 WATER Water 4,697.75
CITY OF WAYZATA 08/13/2020 114419 080420 602-49450-387 JULY 2020 SEWER Sewer 7,718.30
Total 114419:12,416.05
CLINT SCHUMANN 08/13/2020 114420 072820 101-43000-226 BOOTS REIMBURSEMENT Public Works Department 200.00
Total 114420:200.00
DELTA DENTAL 08/13/2020 114421 RIS0002962 101-21709 0037220072 AUGUST 2020 DENTAL 3,204.13
Total 114421:3,204.13
DITTER INC.08/13/2020 114422 I5301 101-42110-404 BUILDING MAINTENANCE Police Department 97.20
Total 114422:97.20
EARL F ANDERSON & ASSOC 08/13/2020 114423 0123763-IN 101-45200-223 SIGNS - DAKOTA TRAIL Parks 131.90
Total 114423:131.90
ECM PUBLISHERS INC 08/13/2020 114424 784907 101-45220-352 BRUSH SITE ATTENDANT AD Brush Site 90.00
ECM PUBLISHERS INC 08/13/2020 114424 785815 101-45220-352 BRUSH SITE ATTENDANT AD Brush Site 90.00
ECM PUBLISHERS INC 08/13/2020 114424 786660 101-41410-340 NOTICE ELECTIONS Elections 14.90
City of Orono Check Register - COUNCIL REPORT Page: 5
Check Issue Dates: 7/28/2020 - 8/13/2020 Aug 06, 2020 04:39PM
Check Check Invoice Invoice GL Account Description Department Invoice
Payee Issue Date Number Number Amount
Total 114424:194.90
ES&S Election Systems & Softwar 08/13/2020 114425 1148392 101-41410-489 ELECTION MACHINE SUPPLY Elections 51.62
Total 114425:51.62
ESS BROTHERS & SONS 08/13/2020 114426 AA6000 602-49450-489 MANHOLE COVERS Sewer 150.00
ESS BROTHERS & SONS 08/13/2020 114426 AA6120 602-49450-227 TOP HATS Sewer 1,875.00
Total 114426:2,025.00
FASTENAL 08/13/2020 114427 MNPLY1242 101-43000-224 NUTS & BOLTS Public Works Department 96.29
FASTENAL 08/13/2020 114427 MNPLY1243 101-43000-240 STORAGE RACK Public Works Department 145.05
Total 114427:241.34
FERGUSON WATERWORKS #25 08/13/2020 114428 0458924 601-49400-227 SOFTWARE MAINTENANCE Water 4,858.31
Total 114428:4,858.31
GOPHER ACE 08/13/2020 114429 2396/1 701-49800-221 SPRAY PAINT FOR GRAPPLE 14.17
GOPHER ACE 08/13/2020 114429 2441/1 101-41900-401 PLEXIGLASS Central Services 112.99
GOPHER ACE 08/13/2020 114429 2458/1 101-43000-240 MOUNTING HOOKS (HAND TOOLSTOOLS)Public Works Department 17.18
GOPHER ACE 08/13/2020 114429 2466/1 101-41900-223 CLAMPS FOR MOUNTING PLEXGLASS Central Services 66.15
GOPHER ACE 08/13/2020 114429 2467/1 101-41900-223 PARTS FOR PLEXGLASS IN CITY HALL Central Services 22.57
GOPHER ACE 08/13/2020 114429 2540/1 101-41900-223 COUPLER FOR CH AC UNIT DRAIN WOMEN'S R Central Services 3.99
GOPHER ACE 08/13/2020 114429 2572/1 602-49450-240 FLASHIGHTS Sewer 269.94
GOPHER ACE 08/13/2020 114429 2611/1 101-43000-240 PUNCH - SIGN POSTS Public Works Department 12.99
GOPHER ACE 08/13/2020 114429 2612/1 602-49450-240 CREDIT Sewer 90.00-
Total 114429:429.98
GRAINGER INC 08/13/2020 114430 9596280926 651-49910-240 TAPE MEASURE Storm Water 12.43
GRAINGER INC 08/13/2020 114430 9607007425 101-43000-240 CUT OFF BLADES Public Works Department 125.40
GRAINGER INC 08/13/2020 114430 9607076768 101-41900-223 COVID-19 WIPES Central Services 28.74
GRAINGER INC 08/13/2020 114430 9607076776 651-49910-240 LEVEL PROTECTIVE CASE Storm Water 15.78
GRAINGER INC 08/13/2020 114430 9607076784 101-43000-240 ANGLE GRINDER BLADES Public Works Department 16.14
City of Orono Check Register - COUNCIL REPORT Page: 6
Check Issue Dates: 7/28/2020 - 8/13/2020 Aug 06, 2020 04:39PM
Check Check Invoice Invoice GL Account Description Department Invoice
Payee Issue Date Number Number Amount
Total 114430:198.49
GREAT LAKES COCA-COLA 08/13/2020 114431 3609210759 101-45210-092 BEVERAGES FOR CONCESSIONS Golf Course 233.69
GREAT LAKES COCA-COLA 08/13/2020 114431 3609210760 101-45210-092 BEVERAGES FOR CONCESSIONS Golf Course 195.03
Total 114431:428.72
H & L MESABI 08/13/2020 114432 06301 101-43000-224 SNOW PLOW CURB RUNNERS Public Works Department 73.33
Total 114432:73.33
JJ TAYLOR DIST LF MN 08/13/2020 114433 3074887 101-45210-091 BEER FOR RESALE Golf Course 129.60
Total 114433:129.60
KRIHA ELECTRIC 08/13/2020 114434 2910 602-49450-489 GENERATOR FOR LS #13 & #3 Sewer 28,197.00
Total 114434:28,197.00
Law Office of Gregory E. Kelle, P.08/13/2020 114435 072020 231-45650-307 ATTORNEY FEES 300.00
Total 114435:300.00
LEAGUE OF MN CITIES 08/13/2020 114436 061120 703-49960-151 WC AUDIT 14,096.00
Total 114436:14,096.00
MACQUEEN EQUIPMENT 08/13/2020 114437 W06503 701-49800-403 UNIT #460 REPAIR TASK #43837 9,581.47
Total 114437:9,581.47
MANSFIELD OIL COMPANY 08/13/2020 114438 21871181 701-49800-212 DIESEL FUEL 199.13
MANSFIELD OIL COMPANY 08/13/2020 114438 21871182 101-42110-212 UNLEADED FUEL Police Department 1,743.77
MANSFIELD OIL COMPANY 08/13/2020 114438 21871396 101-42110-212 UNLEADED FUEL Police Department 930.47
MANSFIELD OIL COMPANY 08/13/2020 114438 21873254 701-49800-212 DIESEL FUEL 671.60
MANSFIELD OIL COMPANY 08/13/2020 114438 21873262 101-42110-212 UNLEADED FUEL Police Department 499.94
MANSFIELD OIL COMPANY 08/13/2020 114438 21890278 701-49800-212 DIESEL FUEL 564.11
MANSFIELD OIL COMPANY 08/13/2020 114438 21890279 101-42110-212 UNLEADED FUEL Police Department 2,568.51
City of Orono Check Register - COUNCIL REPORT Page: 7
Check Issue Dates: 7/28/2020 - 8/13/2020 Aug 06, 2020 04:39PM
Check Check Invoice Invoice GL Account Description Department Invoice
Payee Issue Date Number Number Amount
Total 114438:7,177.53
MATT SILTALA 08/13/2020 114439 071420 101-42110-437 TRAINING EXPENSE Police Department 10.21
Total 114439:10.21
Maverick Drone Systems 08/13/2020 114440 7413 101-42110-580 SPECIAL EQUIPMENT Police Department 8,448.58
Total 114440:8,448.58
MET COUNCIL ENVIRONMENTA 08/13/2020 114441 073120 101-39610 JULY 2020 SAC CHARGES 74.55
Total 114441:74.55
METRO WEST INSPECTIONS S 08/13/2020 114442 2492 101-42400-310 JUNE INSPECTION SERVICES Building & Zoning 8,109.00
Total 114442:8,109.00
MINNESOTA EQUIPMENT 08/13/2020 114443 P94117 701-49800-403 BLADE SHARPENING / OIL 89.52
MINNESOTA EQUIPMENT 08/13/2020 114443 P95377 701-49800-403 ROUGH MOW TIRE REPAIR 30.95
Total 114443:120.47
MOUND TRUE VALUE 08/13/2020 114444 169650 101-42110-240 SMALL TOOLS Police Department 51.46
Total 114444:51.46
MTI DISTRIBUTING INC 08/13/2020 114445 1268890-00 101-45200-221 AERATOR TINES Parks 173.34
MTI DISTRIBUTING INC 08/13/2020 114445 1269905-00 101-45200-221 AERATOR TINE GAURDS Parks 364.64
MTI DISTRIBUTING INC 08/13/2020 114445 1269955-00 101-45200-221 AERATOR PARTS Parks 244.09
Total 114445:782.07
MUNICIPAL CODE CORPORATI 08/13/2020 114446 00346229 101-41900-352 CITY CODE UPDATES Central Services 176.00
Total 114446:176.00
NAVARRE HARDWARE 08/13/2020 114447 325477 601-49400-227 CURB STOP EXTENSIONS Water 75.43
NAVARRE HARDWARE 08/13/2020 114447 326181 101-43000-226 COVID-19 FACE MASK Public Works Department 3.99
City of Orono Check Register - COUNCIL REPORT Page: 8
Check Issue Dates: 7/28/2020 - 8/13/2020 Aug 06, 2020 04:39PM
Check Check Invoice Invoice GL Account Description Department Invoice
Payee Issue Date Number Number Amount
NAVARRE HARDWARE 08/13/2020 114447 326285 101-45210-201 COVID-19 - HAND SANITIZER Golf Course 68.96
Total 114447:148.38
Newegg Business Inc 08/13/2020 114448 1302865973 101-42110-221 COVID 19 - WEBCAM Police Department 188.99
Newegg Business Inc 08/13/2020 114448 1302866030 101-41900-221 COVID 19 - WEB CAM - ONLINE MEETINGS Central Services 28.48
Total 114448:217.47
NORTHERN SPECIALITIES INC 08/13/2020 114449 00088674 101-43000-404 REPAIR GATE AT PW Public Works Department 240.00
NORTHERN SPECIALITIES INC 08/13/2020 114449 00088675 101-43000-404 REPAIR GATE AT PW Public Works Department 180.00
NORTHERN SPECIALITIES INC 08/13/2020 114449 00088878 101-45200-404 BRUSH SITE FENCE/GATE - SOUTH END Parks 3,782.00
Total 114449:4,202.00
NORTHLAND CHEMICAL CORP 08/13/2020 114450 6087 101-42110-240 COVID CLEANING SUPPLIES Police Department 201.00
Total 114450:201.00
Northstar Companies 08/13/2020 114451 I-1317 101-42110-226 COVID-19 UNIFORMS Police Department 1,615.00
Total 114451:1,615.00
NOVA COMMUNICATIONS 08/13/2020 114452 140400 101-41900-401 UPDATED CH PHONE RECORDING Central Services 90.00
Total 114452:90.00
OFFICE DEPOT 08/13/2020 114453 1036882740 101-41900-201 BINDERS Central Services 293.96-
OFFICE DEPOT 08/13/2020 114453 1076933290 101-42110-201 OFFICE SUPPLIES Police Department 52.07
OFFICE DEPOT 08/13/2020 114453 1076970220 101-42110-201 OFFICE SUPPLIES Police Department 100.05
OFFICE DEPOT 08/13/2020 114453 1076970270 101-41900-201 OFFICE SUPPLIES Central Services 60.00
OFFICE DEPOT 08/13/2020 114453 1086108470 101-41900-201 CREDIT Central Services 69.99-
OFFICE DEPOT 08/13/2020 114453 1098122470 101-42110-201 OFFICE SUPPLIES Police Department 95.07
OFFICE DEPOT 08/13/2020 114453 4738627850 101-41900-201 SOFT SOAP Central Services 69.99
OFFICE DEPOT 08/13/2020 114453 5083126730 101-41900-201 SOFT SOAP Central Services 10.89
Total 114453:24.12
Omann Brothers Paving Inc 08/13/2020 114454 29005 435-48972-590 19-046 BRACKETS POINT OVERLAY PROJECT 25,525.00
City of Orono Check Register - COUNCIL REPORT Page: 9
Check Issue Dates: 7/28/2020 - 8/13/2020 Aug 06, 2020 04:39PM
Check Check Invoice Invoice GL Account Description Department Invoice
Payee Issue Date Number Number Amount
Total 114454:25,525.00
OTTEN BROTHERS 08/13/2020 114455 1-1629081 101-45210-223 GOLF WOODCHIPS Golf Course 14.67
Total 114455:14.67
PRAIRIE RESTORATIONS INC 08/13/2020 114456 24716 101-45200-404 FRENCH CREEK PARK VEGETATION MGMT Parks 350.00
Total 114456:350.00
PROLAWNS 08/13/2020 114457 23916 101-45200-404 BEDERWOOD VEGETATION TREATMENT Parks 240.00
Total 114457:240.00
QUADIENT INC 08/13/2020 114458 N8415297 101-41900-401 POSTAGE MACHINE/INSERTER 7/28/20-10/27/20 Central Services 878.94
Total 114458:878.94
QUALITY FLOW SYSTEMS INC 08/13/2020 114459 39408 602-49450-489 LS #3 MISSION UNIT Sewer 2,992.40
QUALITY FLOW SYSTEMS INC 08/13/2020 114459 39414 602-49450-406 LS #22 REPAIRS Sewer 363.20
Total 114459:3,355.60
RANDYS ENVIRONMENTAL SER 08/13/2020 114460 JULY 2020 101-41900-404 GARBAGE SERVICE - 7/2020 Central Services 409.64
RANDYS ENVIRONMENTAL SER 08/13/2020 114460 JULY 2020 101-45200-404 GARBAGE SERVICE - 7/2020 Parks 530.28
RANDYS ENVIRONMENTAL SER 08/13/2020 114460 JULY 2020 101-45210-404 GARBAGE SERVICE - 7/2020 Golf Course 83.59
RANDYS ENVIRONMENTAL SER 08/13/2020 114460 JULY 2020 101-45220-404 GARBAGE SERVICE - 7/2020 Brush Site 36.41
RANDYS ENVIRONMENTAL SER 08/13/2020 114460 JULY 2020 101-41900-489 GARBAGE SERVICE - 7/2020 Central Services 16.48
Total 114460:1,076.40
Reed Wholesale & OCS 08/13/2020 114461 9721 101-45210-094 CONCESSIONS RESALE-GC Golf Course 672.80
Total 114461:672.80
Reinders Inc.08/13/2020 114462 3072674-00 101-45200-223 BEDERWOOD FERTILIZER Parks 708.15
Total 114462:708.15
City of Orono Check Register - COUNCIL REPORT Page: 10
Check Issue Dates: 7/28/2020 - 8/13/2020 Aug 06, 2020 04:39PM
Check Check Invoice Invoice GL Account Description Department Invoice
Payee Issue Date Number Number Amount
Riverside Design 08/13/2020 114463 2051 101-42110-240 MISC SUPPLIES Police Department 866.74
Total 114463:866.74
SAFE ASSURE 08/13/2020 114464 2770 602-49450-437 SAFETY TRAINING Sewer 1,122.50
SAFE ASSURE 08/13/2020 114464 2770 101-43000-437 SAFETY TRAINING Public Works Department 1,122.00
SAFE ASSURE 08/13/2020 114464 2770 601-49400-437 SAFETY TRAINING Water 1,122.50
SAFE ASSURE 08/13/2020 114464 2770 651-49910-437 SAFETY TRAINING Storm Water 1,122.41
Total 114464:4,489.41
SiteOne Landscape Supply LLC 08/13/2020 114465 100215772-0 101-45200-223 BEDERWOOD IRRIGATION Parks 11.57
SiteOne Landscape Supply LLC 08/13/2020 114465 100216865-0 601-49400-227 IRRAGATION SUPPLIES Water 2.72
SiteOne Landscape Supply LLC 08/13/2020 114465 100688369-0 101-41900-223 CITY HALL IRRIGATION PARTS Central Services 19.32
SiteOne Landscape Supply LLC 08/13/2020 114465 101182147-0 101-45210-312 LATE FEES Golf Course 11.11
SiteOne Landscape Supply LLC 08/13/2020 114465 101828113-0 101-45200-223 BEDERWOOD IRRIGATION Parks 194.28
SiteOne Landscape Supply LLC 08/13/2020 114465 101974006-0 101-45200-223 BEDERWOOD IRRIGATION Parks 21.93
SiteOne Landscape Supply LLC 08/13/2020 114465 102063791-0 101-45200-223 BEDERWOOD IRRIGATION Parks 103.86
SiteOne Landscape Supply LLC 08/13/2020 114465 102076400-0 101-45210-312 LATE FEES Golf Course 11.61
SiteOne Landscape Supply LLC 08/13/2020 114465 102113079-0 101-45210-223 GOLF IRRIGATION REPAIR Golf Course 204.38
SiteOne Landscape Supply LLC 08/13/2020 114465 99333070-00 101-45210-223 PARKS CIP - GOLF DRAINAGE Golf Course 840.74-
SiteOne Landscape Supply LLC 08/13/2020 114465 99607382-00 101-45200-223 BEDERWOOD IRRIGATION PARTS Parks 25.54
SiteOne Landscape Supply LLC 08/13/2020 114465 99626134-00 101-45210-223 GOLF IRRIGATION BUOY Golf Course 120.45
SiteOne Landscape Supply LLC 08/13/2020 114465 99647683-00 101-45200-223 BEDERWOOD IRRIGATION PARTS Parks 197.47
SiteOne Landscape Supply LLC 08/13/2020 114465 99741477-00 101-45210-223 CLEANING SCREEN VALVE GOLF Golf Course 144.68
SiteOne Landscape Supply LLC 08/13/2020 114465 99781053-00 101-45210-223 GOLF CLEANING SCREEN VALVE Golf Course 77.50-
Total 114465:150.68
St. Cyr Johnson Enterprises 08/13/2020 114466 11283-1-1174 101-42110-226 COVID UNIFORMS Police Department 276.44
St. Cyr Johnson Enterprises 08/13/2020 114466 11857-1-1197 101-42110-226 COVID UNIFORMS Police Department 97.92
Total 114466:374.36
STAR TRIBUNE 08/13/2020 114467 1069427-071 101-42110-208 PERIODICALS Police Department 133.67
STAR TRIBUNE 08/13/2020 114467 12685393-07 101-42110-208 PERIODICALS Police Department 12.87
Total 114467:146.54
STREICHERS POLICE EQUIP 08/13/2020 114468 I1437847 101-42110-226 EQUIPMENT Police Department 189.97
City of Orono Check Register - COUNCIL REPORT Page: 11
Check Issue Dates: 7/28/2020 - 8/13/2020 Aug 06, 2020 04:39PM
Check Check Invoice Invoice GL Account Description Department Invoice
Payee Issue Date Number Number Amount
Total 114468:189.97
Strohman Enterprise Inc 08/13/2020 114469 20-2046 101-42110-580 SPECIAL EQUIPMENT Police Department 832.82
Total 114469:832.82
SUMMIT COMPANIES 08/13/2020 114470 1517580 101-42110-221 EQUIPMENT Police Department 130.40
Total 114470:130.40
TALLEN AND BAERTSCHI 08/13/2020 114471 072020 101-41600-306 PROSECUTION SERVICES-07/2020 Law/Legal Services 2,846.85
Total 114471:2,846.85
TimeSaver Off Site Secretarial Inc 08/13/2020 114472 M25795 101-41110-439 CC MEETING MINUTES Mayor & Council 357.75
Total 114472:357.75
TL STEVENS 08/13/2020 114473 12667 225-45200-530 BEDERWOOD PARK WELL 30,180.75
Total 114473:30,180.75
TWIN CITY SEED COMPANY 08/13/2020 114474 47626 651-49910-227 EROSION BLACKET Storm Water 387.50
Total 114474:387.50
US Bank Equipment Finance 08/13/2020 114475 420220451 710-49970-413 COPIERS 596.76
Total 114475:596.76
VERIZON WIRELESS 08/13/2020 114476 9858114842 101-42110-321 INTERNET 7/7/20-8/6/20 Police Department 1,815.14
VERIZON WIRELESS 08/13/2020 114476 9858114842 101-41900-321 INTERNET 7/7/20-8/6/20 Central Services 252.44
VERIZON WIRELESS 08/13/2020 114476 9858114842 101-42400-321 INTERNET 7/7/20-8/6/20 Building & Zoning 70.02
VERIZON WIRELESS 08/13/2020 114476 9858114842 101-43000-321 INTERNET 7/7/20-8/6/20 Public Works Department 35.01
VERIZON WIRELESS 08/13/2020 114476 9858114842 101-45200-321 INTERNET 7/7/20-8/6/20 Parks 35.01
VERIZON WIRELESS 08/13/2020 114476 9858114842 101-45210-321 INTERNET 7/7/20-8/6/20 Golf Course 147.85
VERIZON WIRELESS 08/13/2020 114476 9858114842 101-45220-321 INTERNET 7/7/20-8/6/20 Brush Site 105.03
VERIZON WIRELESS 08/13/2020 114476 9858114842 601-49400-321 INTERNET 7/7/20-8/6/20 Water 167.00
VERIZON WIRELESS 08/13/2020 114476 9858114842 602-49450-321 INTERNET 7/7/20-8/6/20 Sewer 167.00
City of Orono Check Register - COUNCIL REPORT Page: 12
Check Issue Dates: 7/28/2020 - 8/13/2020 Aug 06, 2020 04:39PM
Check Check Invoice Invoice GL Account Description Department Invoice
Payee Issue Date Number Number Amount
VERIZON WIRELESS 08/13/2020 114476 9858114842 101-42110-221 PD EQUIPMENT CREDIT - SILTALA Police Department 68.74-
Total 114476:2,725.76
WATER CONSERVATION SVC IN 08/13/2020 114477 10575 601-49400-405 LEAK LOCATES @ NARROWS Water 1,037.62
Total 114477:1,037.62
WILLIAMS TOWING 08/13/2020 114478 153919 231-45650-436 FORFEITURE TOWING - CASE # OR20005811 155.00
Total 114478:155.00
Yamaha Golf & Utility 08/13/2020 114479 01-237093 101-45210-403 GOLF CART REPAIR Golf Course 104.64
Total 114479:104.64
Grand Totals: 303,141.51
AGENDA ITEM
Prepared By: AMC Reviewed By: AMC Approved By: DJR
1. Purpose. The purpose of this action item is to approve the Garbage Hauler Licenses for the
license period of August 1, 2019 to May 31, 2020.
2. Staff Recommendation. Staff recommends approval of the Garbage Hauler licenses as listed in
Exhibit A for the license period of August 1, 2020 to May 31, 2021. The Garbage Hauler License
Applicants in Exhibit A have submitted all of the requested documents and have met all
requirements.
COUNCIL ACTION REQUESTED
Motion to approve the Garbage Hauler licenses listed in Exhibit A for the license period of August 1,
2020 to May 31, 2021.
Exhibits
A. Listing of Garbage Hauler License
Item No.: 4 Date: August 13, 2020
Item Description: Approval of Garbage Hauler License
Presenter: Anna Carlson,
City Clerk
Agenda
Section:
Consent Agenda
License# Business Name Payment Amount
GH20-000008 Blackowiak Disposal 135.00
Exhibit A
Garbage Hauler
License Applicants
AGENDA ITEM
Prepared By: AMC Reviewed By: AMC Approved By: DJR
1. Purpose. The purpose of this action item is request approval of the City Council for the noise
exemption for a Special Event Application submitted by Matter.
FIREWORKS DISPLAYPERMIT
Applicant: MATTER
Activity: Noise Exemption
Location: 1265 Shoreline Drive
Date: August 29, 2020
Time: 5:00 p.m. to 7:00 p.m.
2. Background. MATTER has submitted a Special Event application for a Private Event at 1265
Shoreline Drive. Due to the noise effects of the amplified music when played towards the lake,
the noise levels may impact surrounding properties. Orono City Code Section 54-119. General
noise standards, lays out the table for maximum noise levels in residential districts. Staff
anticipates noise levels to exceed those standards, therefore is looking to Council for approval.
3. City Communications. A notice of private event will be displayed on the homepage of the
City’s website. This notice will also be sent out on the listserv, posted to Facebook and Twitter.
The notice is provided in the exhibits section and communications have already be pre-scheduled
to go out by August 29, 2020.
4. Recommendation. Staff recommends approval of the noise exemption for a Special Event
Permit at 1265 Shoreline Drive.
COUNCIL ACTION REQUESTED
Motion to approve the noise exemption for a Special Event Permit at 1265 Shoreline Drive for
August 29, 2020 from 5:00 p.m. to 7:00 p.m.
Exhibits
A. City Communications - Notice
Item No.: 5 Date: August 13, 2020
Item Description: Approval for Noise Exemption for a Special Event Permit –
1265 Shoreline Drive
Presenter: Dustin Rief,
City Administrator
Agenda
Section:
Consent Agenda
CITY OF ORONO
NOTICE OF NOISE EXEMPTION FOR A SPECIAL EVENT PERMIT
PRIVATE EVENT TO TAKE PLACE
AUGUST 29, 2020 AT 5:00 P.M. to 7:00 P.M.
Notice is hereby given that the Orono City Council has approved a noise
exemption for a Special Event Permit at the property located at 1265 Shoreline Drive in
Orono on August 29, 2020 at 5:00 p.m. to 7:00 p.m.
Anna Carlson
City Clerk
AGENDA ITEM
Prepared By: AMC Reviewed By: AMC Approved By: DJR
1. Purpose. The purpose of this action item is to approve the Rental Licenses for the license period
of August 13, 2020 to December 31, 2021.
2. Staff Recommendation. Staff recommends approval of the rental licenses as listed in Exhibit A
for the license period of August 13, 2020 to December 31, 2021. The Rental License Applicants
in Exhibit A have submitted all of the requested documents and have met all requirements.
COUNCIL ACTION REQUESTED
Motion to approve the rental licenses listed in Exhibit A for the license period of August 13, 2020 to
December 31, 2021.
Exhibits
A. Listing of Rental License
Item No.: 6 Date: August 13, 2020
Item Description: Approval of Rental Licenses
Presenter: Anna Carlson,
City Clerk
Agenda
Section:
Consent Agenda
Exhibit A
City Council
2020 Rental License
RL20-000013 Rick Meyers 100
RL20-000014 William Koch 100
License# Licensee Total License Fees
AGENDA ITEM
Prepared By: DJG Reviewed By: Approved By: DJR
1. Purpose. The purpose of this request is to gain Council approval for the replacement of the existing
Kohler stationary 60KW Generator with a new Cummins 150KW natural gas generator.
2. Background. The existing unit only powers part of each of the three city buildings, City Hall, Police
Dept. and Public Works, with no room for future capacity. The existing generator has been in service for
28 years, and is undersized, and not sound or weather proof. The new unit is sized to run all three building
with no interruptions.
3. Cost. The City received quotes, listed below the existing unit would be traded in. The total cost
including trade is. $ 102,052.80.
Component Company / Model Cost
Generator, related items Modern Power $ 102,052.80
Generator, related items Stinson Electric $ 105,120.00
4. Funding. Funding will be provided from the Improvement Equipment Outlay Fund. The CIP had
$175,000 identified for the Generator.
5. Staff Recommendation. I recommend acceptance of the quote from Modern Power.
COUNCIL ACTION REQUESTED: Approve replacement of Generator and related components from
Modern Power Solutions for $102,052.
Item No.: 7 Date: August 13, 2020
Item Description: Replacement Generator for City Hall Police Department & Public
Works
Presenter: DJ Goman
Streets Supervisor
Agenda
Section:
Consent Agenda
AGENDA ITEM
Prepared By: DJG Reviewed By: Approved By: DJR
1. Purpose. The purpose of this action item is to gain Council approval for Additional 2020 Crack
Sealing Maintenance project.
2. Background. The City typically seals about 31,000 Ft. of pavement per year. We received excellent
per ft. numbers this year and are looking to do more to take advantage of the pricing. The contractor did a
good job with the first round earlier this year. The current 2020 street operations budget supports the
additional work. Crack sealing is a routine preventive road maintenance process.
3. Project Scope. The identified streets shall have their cracks and routed, cleaned and sealed.
4. Cost. Public Works coordinated with MP Asphalt Maintenance and they will honored the original
per ft. price cost of $0.65. The previously approved work totaled $20,152 for 31,000ft of sealing. With
this second round of work the overall total will be $40,304 for 62,000ft of sealing.
Contractor Price per linear foot Total Quote
MP Asphalt Maintenance $0.65 $20,152.00
5. Funding. The project will be funded from the pavement management fund. The 2020 Public works
plan and CIP allocated $50,000 pavement preventive maintenance.
6. Staff Recommendation. I recommend acceptance of the quote for crack sealing.
COUNCIL ACTION REQUESTED
Motion to authorize MP Asphalt Maintenance to complete the 2020 Street Maintenance crack sealing
project for $ 20,152.00
Item No.: 8 Date: August 13, 2020
Item Description: 2020 Crack Sealing Additional Work
Presenter: DJ Goman
Streets Supervisor
Agenda
Section:
Consent Agenda
AGENDA ITEM
Prepared By: JG Reviewed By: Approved By: DJR
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, Brush Site Attendants, and Sledding Attendants; $12-$16 for Parks and Golf Course
Maintenance Employees, $10-$16 for Utilities Maintenance Workers; $15.00-$20.00 for the Clubhouse
Manager; and $17-$20 for the Custodian / Groundskeeper. The Clubhouse Manager and Custodian /
Groundskeeper will be part time employees. All other employees will be seasonal and fall under the 6
month PERA Classification and are therefore excluded from PERA membership.
3. Seasonal Employee Appointments and Candidates.
Name Position Wage
($/hr)
Remarks
Approved 1-13-20 Danielle Middendorf Sledding Hill Attendant $12.00 Returnee
Approved 2-24-20 Marie Jorland Clubhouse Manager $16.00 Returnee
Danielle Middendorf Clubhouse Attendant $13.00 Returnee
Wendy Middendorf Clubhouse Attendant $13.00 Returnee
Marshall Hambro Clubhouse Attendant $14.00 Returnee
Calvin Schmidt Parks and Golf Maintenance $14.00 Returnee
Paul Tolzmann Clubhouse Attendant $14.00 Returnee
Rebecca Anderson Seasonal Utility Maintenance $14.00 Returnee
Approved 3-9-20 Chad Stowell Parks and Golf Maintenance $15.00 Returnee
Ron Steffenhagen Parks and Golf Maintenance $14.00 Returnee
Scott Prochnow Clubhouse Attendant $14.00 Returnee
Fermin Aragon Parks and Golf Maintenance $14.00 Returnee
Approved 3-30-20 Kimberly Haug Clubhouse Attendant $12.00 New hire
Claudia Whitely Clubhouse Attendant $12.00 New hire
Lloyd Engler Parks and Golf Maintenance $12.00 New hire
Approved 4-27-
2020
Mitchell Hall Parks and Golf Maintenance $16.00 Returnee
John Schmidt Brush Site Attendant $12.00 Resigned
Jacob Goman Brush Site Attendant $12.00 New hire
Approved 5-11-
2020 Tori Smith Clubhouse Attendant $12.00 New hire
Approved 6-8-
2020 Barry Sullivan Custodian / Groundskeeper $17.00 New hire
Approved 7-13-20 Gregory Conlon Brush Site Attendant $12.00 New hire
Requesting
Approval
Graydon Kullick Clubhouse Attendant $12.00 New hire
Logan Reynolds Clubhouse Attendant $12.00 New hire
Katherine Ivance Clubhouse Attendant $12.00 New hire
4. Staff Recommendation. I recommend approval to hire of the seasonal employees in Table 3.
COUNCIL ACTION REQUESTED
Motion to approve hiring the seasonal employee as in the list above.
Item No.: 9 Date: August 13, 2020
Item Description: Appointment of 2020 Seasonal Employees
Presenter: Jason Goehring
Parks and Golf Course Supervisor
Agenda
Section:
Consent Agenda
Prepared By: Reviewed By: Approved By: DJR
1. Purpose. The purpose of this action item is to gain council approval to procure and install a 4th speed
hump on Crystal Bay Road.
2. Background. The City received a request for the installation of an additional speed hump on Crystal
Bay Road by the homeowner at 3295 Crystal Bay Road. This would be the 4th speed hump on the road.
Three speed humps were directed by council in 2011. A plan for 4 had been developed at that time with
one being located in the vicinity of 3295. However the then homeowner of 3295 objected to its presence
so only three were installed.
3. Staff Recommendation. I recommend approval of the fourth speed hump for the following reasons.
a. Speed humps area already a fixture on Crystal Bay Road.
b. The provision of the 4th speed hump at the proposed location meets the recommend parameters
for speed hump siting and could improve the overall effectiveness of the system as a whole.
COUNCIL ACTION REQUESTED:
Move to approve procurement and installation of a 4th speed hump for Crystal Bay Road.
Exhibits
A. Map for proposed location for 2011.
References
A. City council minutes for March 28th, 2011, Pages 19-24
B. City council minutes for October 24th, 2011, Pages 3-4
Item No.: 10 Date: August 13, 2020
Item Description: Woodhill Avenue Traffic Management
Presenter: Adam T. Edwards
Public Works Director/City Engineer
Agenda
Section:
Consent Agenda
Exhibit A.
Site of
proposed 4th
speed hump
1
2
3
AGENDA ITEM
Prepared By: LLO Reviewed By: J. Barnhart Approved By DJR
1. Purpose. The applicant is requesting an amendment to the existing conditional use permit for 2 new
accessory storage buildings
Background. Good Shepherd Lutheran Church has been in Navarre since 1959. They are proposing a 430
sq.ft garage which will be used for storage to the church and daycare and an 80 sq.ft shed tucked behind
the church for equipment to better access and care for the peace garden. The city code allows Churches as
a conditional use permit for the LR-1C District with a condition that all buildings are located at least 50
feet from any adjacent property zoned for residential. Any new buildings or additions require a conditional
use permit. The proposal requires no variances, as all setbacks, hardcover, and other zoning requirements
will be met.
2. 15.99 Deadline. The application was deemed complete June 26, 2020. The 60-day review period will
expire on August 25, 2020.
3. Planning Commission Vote and Comment. The Planning Commission reviewed the application and
held a public hearing. The commission discussed the impacts of the two additional buildings. The
commission recommended approval unanimously.
4. Public Comment To date, no public comments have been received.
Staff Recommendation. Staff recommends approval of a conditional use permit for the 2 storage buildings
as proposed.
COUNCIL ACTION REQUESTED
Motion or Amend the approval resolution
Exhibits
A. Draft Resolution
B. Proposed Plans
C. PC Staff Memo
References
PC Exhibits
Exhibit A. Application & Project Narrative
Exhibit B. Proposed Survey/Site Plan
Exhibit C. Proposed Plans and Elevations
Exhibit D. Submitted Hardcover Calculations
Exhibit E. Photos of Site
Exhibit F. Property Owners List and Map
Item No.: 11 Date: August 13, 2020
Item Description: LA20-000044 – Good Shepard Lutheran Church, 3745 Shoreline
Drive, Conditional Use Permit – Resolution
Presenter: Laura Oakden
Planner
Agenda
Section:
Consent Agenda
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO. ________________________
1
A RESOLUTION GRANTING
A CONDITIONAL USE PERMIT PURSUANT
MUNICIPAL ZONING CODE
SECTION 78-348
FILE NO. LA20-000044
WHEREAS, on June 26, 2020, Good Shepard Lutheran Church (“Applicant”), applied
for a conditional use permit from the City Code for the property addressed 3745 Shoreline Drive and
legally described as:
Lot 5, Block 7, Townsite of Langdon Park, Hennepin County, Minnesota (hereinafter
the “Property”);
WHEREAS, the Applicants have made application to the City of Orono for a
conditional use permit to Orono Municipal Zoning Code Section 78-348 to allow two new storage
buildings; and
WHEREAS, on July 20, 2020, after published and mailed notice in accordance with
Minnesota Statutes and the City Code, the City Council held a public hearing, at which time all
persons desiring to be heard concerning this application were given the opportunity to speak
thereon; and
WHEREAS, on July 20, 2020, the Planning Commission recommended approval
of the conditional use permit; and
WHEREAS, on August 13, 2020, 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 conditional use permit 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 #LA20-000042. 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 LA-1C Zoning District.
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO. ________________________
2
3. Applicant has applied for a conditional use permit for two new storage buildings, since the
church and associated daycare use operate as allowed conditional uses in the LR-1C
Single Family Residential District
4. In considering this application for variance, the Council has considered the advice and
recommendation of the Planning Commission and the effect of the proposed conditional
use permit 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) Consistent with the community management plan; The continued use as a place of
worship and daycare center are allowed conditional uses and are in conformity with
the Orono Community Management Plan.
2) Compliant with the zoning code, including any conditions imposed on specific uses as
required by article V, division 3 of the City Code; The proposed storage buildings meet
the minimum setback and other zoning requirements for the continuing use as a
place of worship and daycare center.
3) Adequately served by police, fire, roads, and stormwater management; The proposed
buildings does not require increases in services or infrastructure.
4) Provided with an adequate water supply and sewage disposal system; The property is
connected to municipal sewer and water services and does not require changes to
those systems.
5) Not expected to generate excessive demand for public services at public cost; No
increases in demand for public services are anticipated as a result of the proposed
addition and remodeling project.
6) Compatible with the surrounding area as the area is used both presently and as it is
planned to be used in the future; The proposed use is merely a continuation of the
existing use of the site as it has been used is the past, and no issues of compatibility
are anticipated.
7) Consistent with the character of the surrounding area, unless a change of character is
called for in the community management plan; The continued use as proposed is
consistent with the surrounding area, and no changes in the CMP are planned.
8) Compatible with the character of buildings and site improvements in the surrounding area,
unless a change of character is called for in the community management plan; The
proposed storage buildings consistent with the area and is anticipated to have no
impacts on the character of the buildings and improvements in the surrounding
area.
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO. ________________________
3
9) Not expected to substantially impair the use and enjoyment of the property in the area or
have a materially adverse impact on the property values in the area when compared to
the impairment or impact of generally permitted uses; No impacts to neighboring
properties are expected as a result of the storage buildings.
10) Provided with screening and buffering adequate to mitigate undesirable views and
activities likely to disturb surrounding uses; The existing landscaping is proposed to
remain with no changes, as well as the 50’-plus separation from adjacent lot lines,
and the new storage areas, are expected to enhance the image of the development.
11) Not create a nuisance which generates smoke, noise, glare, vibration, odors, fumes, dust,
electrical interference, general unsightliness, or other means; The storage buildings are
expected to have no nuisance impacts on neighboring properties.
12) Not cause excessive non-residential traffic on residential streets, parking needs that cause
a demonstrable inconvenience to adjoining properties, traffic congestion, or unsafe
access; The new storage buildings project is not expected to increase traffic in the
area nor require additional parking on the site.
13) Designed to take into account the natural, scenic, and historic features of the area and to
minimize environmental impact; The proposed locations are intended to be places
out of the way for people accessing the church. The buildings will meet and exceed
the 25’ wetland setback and will meet the 50’ setback from residential neighbors,
hence there are no anticipated impacts to natural site conditions.
14) All exterior lighting shall be so directed so as not to cast glare toward or onto the public
right-of-way or neighboring residential uses or districts; No lighting changes are
proposed. and
15) Not detrimental to the public health, public safety, or general welfare. There are no
anticipated negative impacts to the public health, safety or welfare.
CONCLUSIONS, ORDER AND CONDITIONS:
Based upon one or more of the above findings, the Orono City Council hereby grants a
conditional use permit to Orono Municipal Zoning Code Section 78-348 to allow two new storage
buildings to the existing church and daycare facility, subject to the following conditions:
1. Council approval is based on the entire record, above Findings.
2. The approved project shall conform to the zoning regulations within the City Code.
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 permit for the construction and
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO. ________________________
4
commencing construction of said project or the CUP will expire on that date (August 13,
2020).
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 13 day of August, 2020.
ATTEST: CITY OF ORONO:
_______________________________ ________________________________
Anna Carlson, City Clerk Dennis Walsh, Mayor
Date Application Received: June 17, 2020
Date Application Considered as Complete: June 26, 2020
60-Day Review Period Expires: August 25, 2020
To: Chair Ressler and Planning Commission
Dustin Rief, City Administrator
From: Laura Oakden, Planner
Date: July 20, 2020
Subject: LA20-000044, Good Shepard Lutheran Church, 3745 Shoreline Dr, Conditional
Use Permit, Public Hearing
Background
Good Shepherd Lutheran Church has been in Navarre since 1959. They are proposing 2 new
storage buildings on the property. The city code allows Churches as a conditional use permit for
the LR-1C District with a condition that all buildings are located at least 50 feet from any adjacent
property zoned for residential. Any new buildings or additions require a conditional use permit.
The proposal requires no variances, as all setbacks, hardcover, and other zoning requirements will
be met.
They are proposing a 430 sq.ft garage which will be used for storage to the church and daycare.
They are also proposing an 80 sq.ft shed tucked behind the church for equipment to better access
and care for the peace garden. As part of these projects there is a small shed located on the edge
of the parking which is in poor condition and will be removed.
LOT ANALYSIS WORKSHEET
Section 78-348 & 78-350 - Setbacks:
Required: LR-1C DISTRICT / CHURCH CUP 432 sq.ft Garage 80 sq. ft Shed
Front: 30’ / 50’ No Change No Change
Rear: 30’ / 50’ 300’ + 500’ +
West Side: 15’ / 50’ 62’ + 68’ +
East Side: 10’ / 50’ 150’ + 220 +
Wetland 25’ 35’ 350’ +
*All Setbacks are Met
Section 78-350 - Lot Area/Width:
LR-1C DISTRICT Lot Area Lot Width
Required 21,780 s.f. (0.50 acres) 100’
Actual 209,569 s.f. (4.81 acres) 328.3’ (def) 247.2’ (perp)
Application Summary: The applicant is requesting an amendment to the existing conditional
use permit for 2 new accessory storage buildings
Staff Recommendation: Planning Department Staff recommends approval.
FILE # LA20-000044
Jul 20, 2020
Page 2 of 4
Applicable Regulation:
Section 78-916-Places of worship, provided that all buildings and structures, except columbaria,
are located at least 50 feet from any adjacent property zoned for residential use. Any new
buildings, structures, or addition required an amendment to the CUP and council approval.
Conditional Use Permit (Section 78-916)
The Planning Commission may recommend and the Council may grant a Conditional Use Permit
(CUP) as the use permit was applied for or in modified form. On the basis of the application and
the evidence submitted, the city must find that the proposed use at the proposed location is or
will be:
1) Consistent with the community management plan; The continued use as a place of
worship and daycare center are allowed conditional uses and are in conformity with the
Orono Community Management Plan.
2) Compliant with the zoning code, including any conditions imposed on specific uses as
required by article V, division 3 of the City Code; The proposed storage buildings meet
the minimum setback and other zoning requirements for the continuing use as a place
of worship and daycare center.
3) Adequately served by police, fire, roads, and stormwater management; The proposed
buildings does not require increases in services or infrastructure.
4) Provided with an adequate water supply and sewage disposal system; The property is
connected to municipal sewer and water services and does not require changes to those
systems.
5) Not expected to generate excessive demand for public services at public cost; No
increases in demand for public services are anticipated as a result of the proposed
addition and remodeling project.
6) Compatible with the surrounding area as the area is used both presently and as it is
planned to be used in the future; The proposed use is merely a continuation of the
existing use of the site as it has been used is the past, and no issues of compatibility are
anticipated.
7) Consistent with the character of the surrounding area, unless a change of character is
called for in the community management plan; The continued use as proposed is
consistent with the surrounding area, and no changes in the CMP are planned.
8) Compatible with the character of buildings and site improvements in the surrounding
area, unless a change of character is called for in the community management plan; The
proposed storage buildings consistent with the area and is anticipated to have no
impacts on the character of the buildings and improvements in the surrounding area.
9) Not expected to substantially impair the use and enjoyment of the property in the area
or have a materially adverse impact on the property values in the area when compared
to the impairment or impact of generally permitted uses; No impacts to neighboring
properties are expected as a result of the storage buildings.
10) Provided with screening and buffering adequate to mitigate undesirable views and
activities likely to disturb surrounding uses; The existing landscaping is proposed to
remain with no changes, as well as the 50’-plus separation from adjacent lot lines, and
the new storage areas, are expected to enhance the image of the development.
FILE # LA20-000044
Jul 20, 2020
Page 3 of 4
11) Not create a nuisance which generates smoke, noise, glare, vibration, odors, fumes, dust,
electrical interference, general unsightliness, or other means; The storage buildings are
expected to have no nuisance impacts on neighboring properties.
12) Not cause excessive non-residential traffic on residential streets, parking needs that cause
a demonstrable inconvenience to adjoining properties, traffic congestion, or unsafe
access; The new storage buildings project is not expected to increase traffic in the area
nor require additional parking on the site.
13) Designed to take into account the natural, scenic, and historic features of the area and to
minimize environmental impact; The proposed locations are intended to be places out
of the way for people accessing the church. The buildings will meet and exceed the 25’
wetland setback and will meet the 50’ setback from residential neighbors, hence there
are no anticipated impacts to natural site conditions.
14) All exterior lighting shall be so directed so as not to cast glare toward or onto the public
right-of-way or neighboring residential uses or districts; No lighting changes are
proposed. and
15) Not detrimental to the public health, public safety, or general welfare. There are no
anticipated negative impacts to the public health, safety or welfare.
A CUP may be granted subject to such conditions as the Council may prescribe. Additionally, a
CUP shall remain in effect as long as the conditions imposed by the City Council are observed, but
nothing in this section shall prevent the city from enacting or amending official controls to change
the status of conditional uses.
Analysis of Conditional Use Permit
Staff finds that the proposed 2 new storage buildings are positive improvements to the property
and its’ use as a place of worship and daycare center. The location of the buildings should have
no impacts on neighboring properties, and the size of the buildings are very minor as compared
to the size and orientation of the existing building. The slight increase in hardcover leaves the site
well below the 35% hardcover limit. While it is anticipated that the hardcover increase will not
require additional stormwater management facilities, the applicants are advised to contact the
Minnehaha Creek Watershed District (MCWD) to determine whether any permits are required.
Public Comments
To date, no public comments have been received.
Issues for Consideration
1. Does the Planning Commission find that that the property owner proposes to use the
property in a reasonable manner?
2. Does the Planning Commission find that the conditional use permit, if granted, will
not result in any negative impacts to the neighborhood?
3. Does the Commission find it necessary to impose conditions in order to mitigate any
impacts created by the granting of the requested CUP?
4. Are there any other issues or concerns with this application?
Planning Staff Recommendation
Staff recommends approval of a conditional use permit for the 2 storage buildings as proposed.
FILE # LA20-000044
Jul 20, 2020
Page 4 of 4
List of Exhibits
Exhibit A. Application & Project Narrative
Exhibit B. Proposed Survey/Site Plan
Exhibit C. Proposed Plans and Elevations
Exhibit D. Submitted Hardcover Calculations
Exhibit E. Photos of Site
Exhibit F. Property Owners List and Map
AGENDA ITEM
Prepared By: mcc Reviewed By: J. Barnhart Approved By: DJR
1. Purpose. This application is regarding lot width, lot area, and hardcover variances in order to
redevelop the property.
2. MN§15.99 Application Deadline. The application was received and was considered to be
complete on June 16, 2020. The 60-Day review period has been extended and now expires on
October 14, 2020.
3. Background/ Summary. The applicants are requesting variances in order to replace their
existing home on a property which has substandard area and width. Additionally requested is a
hardcover variance to permit 26.9% hardcover where 25% is permitted. The hardcover levels on
site are currently 34.2%. The lakeshore property does not have direct frontage on North Shore
Drive, nor does it have the ability to park offsite due to the landlocked configuration. It is
situated between two marinas.
4. Planning Commission Vote and Comment. On July 20th the Planning Commission held a
public hearing. Following the public hearing the Planning Commission voted 6 to 0 on a motion
to approve the requested variances.
5. Public Comment. Comments from the neighbors were received and are attached as Exhibit D.
6. Staff Recommendation. Staff finds the request is supported by practical difficulty and
recommends approval.
COUNCIL ACTION REQUESTED
Motion to adopt or amend the approval resolution.
Exhibits
A. Draft Resolution
B. Proposed Plans
C. Public Comment
D. PC Staff Report
References
PC Exhibits 07/20/2020
Exhibit A. Application
Exhibit B. Practical Difficulties Documentation Form
Exhibit C. Jaqua Application Overview
Exhibit D. Existing Survey
Exhibit E. Proposed Survey/Site Plan
Exhibit F. Proposed Plans and Elevations
Exhibit G. Hardcover Calculations (Staff Edit)
Exhibit H. Aerial Photos
Exhibit I. Property Owners List
Exhibit J. Plat Map
Item No.: 12 Date: August 13, 2020
Item Description: LA120-000043 – David & Patricia Jaqua, 3262 North Shore Drive,
Variances – Resolution
Presenter: Melanie Curtis
Planner
Agenda
Section:
Consent Agenda
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO. ________________________
1
A RESOLUTION
APPROVING VARIANCES FROM
MUNICIPAL ZONING CODE
SECTIONS 78-370; 78-1288; & 78-1700
FILE NO. LA20-000043
WHEREAS, on June 16, 2020, David Jaqua and Patricia Jaqua (hereinafter the
“Applicants”), applied for variances from the City Code for the property addressed 3262 North Shore
Drive and legally described as:
That part of Government Lot 1, Section 8, Township 117 North, Range 23 West of
the 5th Principal Meridian, Hennepin county, Minnesota, described as follows: Beginning at
Meander Corner No. 57 on the south side of Maxwell Bay in the east line of said Section 8;
thence South on the east line of said Section 8, 376.35 feet; thence West at right angles
455.3 feet to the actual point of beginning of the tract to be described; thence continuing due
West 68 feet; thence due North 160.7 feet more or less to the southerly shore of Maxwell
Bay; thence northeasterly along the southerly shore of Maxwell Bay to a point in a line drawn
due North from the actual point of beginning; thence due South 183.7 feet more or less to
the actual point of beginning. For the purposes of this description the east line of said Section
8 is considered to be a due North and South line. Together with a driveway easement filed
as Document NO. 3045644 and easement for water services filed as Document No.
2838702, Hennepin County, Minnesota (hereinafter the “Property”);
WHEREAS, the Applicants have made application to the City of Orono for
variances to Orono Municipal Zoning Code Section 78-370 to allow redevelopment of a
nonconforming property with 11,540 square feet (0.26 acre) in area and 70 feet in width where
0.5 acre and 100 feet are required; and
WHEREAS, the Applicants have made application to the City of Orono for
variances to Orono Municipal Zoning Code Sections 78-1288 and 78-1700 to permit 3,111 square
feet or 26.9% hardcover where 25% is permitted; and
WHEREAS, on July 20, 2020, 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 20, 2020, the Planning Commission recommended approval
of the variances; and
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO. ________________________
2
WHEREAS, on August 13, 2020, the City Council reviewed the application and the
recommendations of the Planning Commission and City staff; and
NOW, THEREFORE, BE IT RESOLVED that the City Council of Orono, Minnesota
hereby approves the requested variances as described above based on one or more of the
following findings of fact concerning the Property:
FINDINGS OF FACT:
1. This application was reviewed as Zoning File #LA20-000043. 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-1, One Family Lakeshore Residential Zoning District.
3. The Property contains 0.26 acres in area and has a defined lot width of 70 feet.
4. The Property is within Tier 1 and hardcover is limited to 25% according to the Stormwater
Quality Overlay District.
5. Applicant has applied for the following variances:
a. Lot Area Variance
b. Lot Width Variance
c. Hardcover Variance
6. In considering this application for variances, the Council has considered the advice and
recommendation of the Planning Commission and the effect of the proposed variances
upon the health, safety and welfare of the community, existing and anticipated traffic
conditions, light and air, danger of fire, risk to the public safety, and the effect on values
of property in the surrounding area.
ANALYSIS:
1. “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 substandard lot has difficulties in its small size and depth, and
unique “landlocked” relationship with the surrounding properties. The house location
improves a non-conforming existing setback by 23 feet and is shown to be conforming, is
protecting views of the lake for adjacent properties, and limiting 75-foot hardcover.
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO. ________________________
3
2. “Variances shall only be permitted . . . when the variances are consistent with the
comprehensive plan.” The number and type of variances proposed to develop this
nonconforming lot of record are consistent with the comprehensive plan. The request to
permit construction of the home on the substandard lot is reasonable.
3. “Variances may be granted when the applicant for the variance establishes that there are
practical difficulties in complying with the zoning ordinance. ‘Practical difficulties,’ as used in
connection with the granting of a variance, means that:
a. The property owner in question proposes to use the property in a reasonable manner,
however, the proposed use is not permitted by the official controls.
The request to permit construction of the home on the substandard lot is a
reasonable use of the residentially zoned property.
b. The plight of the landowner is due to circumstances unique to his property not created
by the landowner.
The substandard size is an existing condition, the Owners have attempted to acquire
additional land via purchase or easement and have been unsuccessful. Therefore
there is no available land with which to make the Property more conforming. The
restricted driveway access and lack of off-site parking availability are challenges not
created by the Owners. There should be consideration for variance approvals from
the lot width and area requirements. The house and hardcover have been designed
with an effort toward limiting the additional hardcover without sacrificing functionality.
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, which is
reasonable on a residentially zoned property. The Property is situated in a
residential district located between two commercial marinas. The variances will not
change the essential 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.
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO. ________________________
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 a residential home is an allowed use in the
LR-1C-1 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, depth, and
unique configuration creates difficulties which also apply to many of the properties in the
same neighborhood. The proposed hardcover level is not out of character.
9. “The conditions do not apply generally to other land or structures in the district in which the
land is located.” The Property’s substandard size, depth, in addition to the unique
configuration creates difficulties which apply to very few properties in the City. The
neighboring property, 3260 North Shore Drive, has a similar landlocked challenge,
however the owner of that property also owns the landlocked lot which provides driveway
access, via an easement, to the Property.
10. “The granting of the application is necessary for the preservation and enjoyment of a
substantial property right of the applicant.” Granting lot area and lot width variances are
necessary for the preservation of the property right of the Applicants. The hardcover
variance is requested to reasonably support the proposed home on the unique property.
11. “The granting of the proposed variance will not in any way impair health, safety, comfort or
morals, or in any other respect be contrary to the intent of this chapter.” Granting the
variances for hardcover, lot width and lot area 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 variances for lot area, lot width, and
hardcover are necessary, and do not merely serve as a convenience to the Applicants.
CONCLUSIONS, ORDER AND CONDITIONS:
Based upon one or more of the above findings, the Orono City Council hereby
grants variances to Orono Municipal Zoning Code Section 78-370 to allow redevelopment of a
nonconforming property with 11,540 square feet (0.26 acre) in area and 70 feet in width where
0.5 acre and 100 feet are required; and Sections 78-1288 and 78-1700 to permit 3,111 square
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO. ________________________
5
feet or 26.9% hardcover where 25% is permitted to support the redevelopment, subject to the
following conditions:
1. Council approval is based on the entire record, above Findings.
2. The approved project shall conform to the Sathre Bergquist Inc., survey dated 06/08/2020
and revised on 06/11/2020 and building plans submitted by the Applicants and annotated
by City staff, attached to this Resolution as Exhibits A & B.
3. Any amendments to the plans which are not in conformity with City codes may require
further Planning Commission and City Council review.
4. Authorities granted by this resolution run with the Property not with the Applicants, but are
permissive only and must be exercised by obtaining a building permit for the new
construction and commencing construction of said project. A framing inspection must be
completed within one year of the date of Council approval, or the variances will expire on
that date (August 13, 2021).
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 13th day of August, 2020.
ATTEST: CITY OF ORONO:
_______________________________ ________________________________
Anna Carlson, City Clerk Dennis Walsh, Mayor
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A L M A H O M E S
D E S I G N | B U I L D | R E N O V A T E
2500 SHADYWOOD ROAD SUITE 750
ORONO, MN 55331
612-790-7860
WWW.ALMAHOMESMN.COM
MN LICENSE #BC726074
O
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JAQUA RESIDENCE
3262 NORTH SHORE DRIVE
ORONO, MN 55391
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E
N
T
:
N
/
A
F
I
R
S
T
F
L
O
O
R
:
1
1
3
6
S
F
S
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C
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D
F
L
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:
1
5
9
6
S
F
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T
A
L
S
F
:
2
7
3
2
S
F
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A
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:
6
0
4
S
F
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C
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N
P
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:
1
7
4
S
F
F
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A
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S
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B
L
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(
W
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T
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1
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3
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T
2
0
2
0
A
L
M
A
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S
SOUTH ELEVATIONSCALE 14"=1'
1
E
A
S
T
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L
E
V
A
T
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N
S
C
A
L
E
1
4
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=
1
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NORTH ELEVATIONSCALE 14"=1'
W
E
S
T
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L
E
V
A
T
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N
S
C
A
L
E
1
4
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=
1
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F
8
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-
0
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3'-11"
O
P
2
4
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-
0
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2
6
'
-
0
"
5
0
'
-
0
"
24'-6"
12'-0"
1
2
'
-
0
"
51'-6"8' HH3060 SH8' HH3646 SH29'-4"6'-6"15'-8"2'-9"5'-11"7'-0"6'-6"7'-6"21'-10"8080 PATIO DOOR
O
P
8
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H
H
4
0
5
6
P
I
C
T
4
0
1
6
A
W
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8
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H
H
4
0
5
6
P
I
C
T
4
0
1
6
A
W
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8
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H
H
4
0
5
6
P
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4
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1
6
A
W
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8
0
8
0
P
A
T
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D
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R
5
0
'
-
0
"
1
5
'
-
6
"
3
4
'
-
6
"
7'-0"
6
'
-
6
"
4
'
-
6
"
4
'
-
6
"
6
'
-
6
"
8
'
H
H
2
6
6
0
S
H
3080 FULL VIEW
8
'
-
0
"
7
'
-
6
"
5
'
-
6
"
3
9
'
-
3
"
1
0
'
-
9
"
64'-0"
27'-0"12'-6"
4'-81 4"4'-63 4"17'-9"
3060 SH
8'HH
2
6
6
8
2
6
6
8
2
4
6
8
L
I
V
I
N
G
R
O
O
M
H
A
R
D
W
O
O
D
1
3
'
-
6
"
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2
0
'
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6
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N
T
R
Y
H
A
R
D
W
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7
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0
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5
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6
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D
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N
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N
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A
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1
0
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6
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1
4
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1
1
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I
T
C
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N
H
A
R
D
W
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D
1
4
'
-
6
"
X
1
4
'
-
1
1
"
2468
3068
30683068
FRAME IN 3068
HEADER FOR FUTURE
ELEVATOR
4
0
8
0
S
R
O
2
4
6
8
4'-6"
F
U
T
.
E
L
E
V
A
T
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R
H
A
R
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W
O
O
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P
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/
M
U
D
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I
L
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A
L
F
B
A
T
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T
I
L
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M
U
D
C
L
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S
E
T
T
I
L
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C
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E
E
N
P
O
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C
H
C
O
N
C
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E
1
4
'
-
6
"
X
1
2
'
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0
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F
F
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C
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C
A
R
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T
1
0
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-
0
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X
1
7
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0
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C
L
O
S
E
T
H
A
R
D
W
O
O
D
MECHANICAL
R
O
O
M
UNFINISHED CON
C
R
E
T
E
11'-6" X 6'-0
"
2
C
A
R
G
A
R
A
G
E
U
N
F
I
N
I
S
H
E
D
C
O
N
C
R
E
T
E
2
3
'
-
0
"
X
2
4
'
-
0
"
16' X 7' OVERH
E
A
D
G
A
R
A
G
E
D
O
O
R
2
0
4
0
S
H
8
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H
H
2
0
4
0
S
H
8
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H
H
F
R
O
N
T
S
T
O
O
P
C
O
N
C
R
E
T
E
8
'
-
4
"
X
5
'
-
0
"
4
'
-
7
"
6
'
-
1
1
"
6
'
-
1
1
"
7
'
-
7
"
12'-0"
5
'
-
2
1
4
"
2
'
-
2
1
4
"
4
'
-
4
1
2
"
2
'
-
6
3
4
"
5
'
-
5
1
4
"
7
'
-
5
1
4
"
1
0
'
-
9
3
4
"
5'-91 2"
5
'
-
8
1
4
"
5
'
-
0
3
4
"
2
'
-
8
1
4
"
3668 W/ 12"
TRANS & 12"
SIDELITES
8
'
H
H
2
6
6
0
S
H
8
'
H
H
2
6
6
0
S
H
3060 SH
8'HH
3060 SH
8'HH
f
i
l
e
c
a
b
s
5068 SRO
8
'
-
4
"
5'-0"
7
'
-
4
"
1
0
'
-
4
"
A L M A H O M E S
D E S I G N | B U I L D | R E N O V A T E
2500 SHADYWOOD ROAD SUITE 750
ORONO, MN 55331
612-790-7860
WWW.ALMAHOMESMN.COM
MN LICENSE #BC726074
O
F
5
S
H
E
E
T
JAQUA RESIDENCE
3262 NORTH SHORE DRIVE
ORONO, MN 55391
S
Q
U
A
R
E
F
O
O
T
A
G
E
P
L
A
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V
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N
S
1
.
3
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6
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2
0
-
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L
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N
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N
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F
F
2
.
5
/
1
5
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2
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L
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V
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T
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S
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G
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F
3
.
4
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5
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6
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7
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8
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9
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1
0
.
F
I
N
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S
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D
B
A
S
E
M
E
N
T
:
N
/
A
F
I
R
S
T
F
L
O
O
R
:
1
1
3
6
S
F
S
E
C
O
N
D
F
L
O
O
R
:
1
5
9
6
S
F
T
O
T
A
L
S
F
:
2
7
3
2
S
F
G
A
R
A
G
E
:
6
0
4
S
F
S
C
R
E
E
N
P
O
R
C
H
:
1
7
4
S
F
F
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U
N
D
A
T
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:
S
F
B
L
D
G
P
A
D
(
W
/
S
T
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P
)
:
2
1
7
3
S
F
C
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P
Y
R
I
G
H
T
2
0
2
0
A
L
M
A
H
O
M
E
S
2
MAIN LEVEL PLANSCALE 14"=1'
F
U
T
.
E
L
E
V
A
T
O
R
C
A
R
P
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T
C
L
O
S
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T
/
6'8" HH2626-2 AWN
6
'
8
"
H
H
2
0
2
0
F
I
X
6
'
8
"
H
H
2
0
2
0
F
I
X
6
'
8
"
H
H
2
0
2
0
F
I
X
6'8"HH3050 SH 6'8"HH3050 SH
6
'
8
"
H
H
3
0
5
0
S
H
6
'
8
"
H
H
3
0
5
0
S
H
6
'
8
"
H
H
3
0
5
0
S
H
6
'
8
"
H
H
3
0
5
0
S
H
6
'
8
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H
H
4
0
5
0
P
I
C
T
3
:
1
2
V
A
U
L
T
3
:
1
2
V
A
U
L
T
6
'
8
"
H
H
3
0
5
0
S
H
6
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8
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H
H
3
0
5
0
S
H
M
A
S
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R
B
E
D
R
O
O
M
C
A
R
P
E
T
1
2
'
-
0
"
X
1
6
'
-
6
"
MASTER BAT
H
TILE11'-1" X 10'-6
"
MASTER CLOSETCARPET
B
U
N
K
R
O
O
M
C
A
R
P
E
T
1
2
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-
4
"
X
1
6
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3
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B
E
D
#
4
C
A
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T
1
1
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0
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1
0
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7
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A
L
L
W
A
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C
A
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P
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T
7
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9
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8
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6
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L
A
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D
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A
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B
A
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L
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B
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#
2
C
A
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T
1
0
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7
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1
1
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9
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B
E
D
#
3
C
A
R
P
E
T
1
1
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9
"
X
1
1
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0
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6'8" HH
3050 SH
6'8" HH
3050 SH
A
N
K
L
E
W
A
L
L
W
/
R
A
I
L
6
'
8
"
H
H
4
'
R
O
U
N
D
F
I
X
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D
H
H
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A
T
C
H
U
P
P
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L
E
V
E
L
W
I
N
D
O
W
S
2
0
2
0
-
2
F
I
X
E
D
HH TO MATCH UPPER
LEVEL WINDOWS
3020 FIXED ABOVE
3070 FIXED
HH TO MATCH UPPER
LEVEL WINDOWS
3020 FIXED ABOVE
3070 FIXED
6'8"HH
2030 AWN
6'8"HH
2650 SH
6'8"HH
2650 SH
W
D
2668
2668
2668
2668
2268
2268
2068
2068
2668
2
6
6
8
2
4
6
8
P
K
T
3
0
6
8
20683068PKT
2
0
6
8
2
6
6
8
2
6
6
8
2
4
6
8
2
4
6
8
2
4
6
8
2
4
6
8
FRAME IN 3068
HEADER FOR FUTURE
ELEVATOR
HAND FRAME SLOPE
TO MATCH
HAND FRAME
SLOPE
TO MATCH
2868
27'-0"24'-6"
1
2
'
-
0
"
4'-21 2"5'-0"5'-1"5'-0"5'-21 2"
6
'
-
0
"
6'-0"
2'-6"2'-6"2'-6"2'-6"
4'-3
"
3
'
-
6
"
4
'
-
3
"
2
'
-
9
"
1
'
-
1
1
1
4
"
2
'
-
9
3
4
"
4'-6
"
12'-33 4"3'-5"11'-31 4"2'-63 4"2'-6"11'-31 4"2'-41 2"10'-101 4"
3
2
'
-
0
"
5
0
'
-
0
"
3
'
-
3
"
1
1
'
-
3
"
4
'
-
4
1
4
"
3'-1"3'-4"4'-7"8'-4"3'-4"4'-4"
9'-3"6'-01 2"11'-81 2"
27'-0"
1'-6"
1'-6"
3
'
-
1
1
1
2
"
2
'
-
5
"
2
'
-
5
"
9
'
-
8
1
2
"
3
'
-
4
"
5
0
'
-
0
"
3
'
-
0
"
3
'
-
4
"
3
'
-
1
0
"
3
'
-
1
0
"
3
'
-
4
"
3
'
-
0
"
3'-4"4'-6"10'-10"
1
4
'
-
4
"
2
4
'
-
1
0
"
11'-934"
1
2
'
-
4
1
2
"
1
1
'
-
0
"
2
'
-
4
1
2
"
1
2
'
-
5
1
4
"
20" FLOOR TRUSSES
19' 2" OC
20" FLOOR TRUSSES
19' 2" OC
A L M A H O M E S
D E S I G N | B U I L D | R E N O V A T E
2500 SHADYWOOD ROAD SUITE 750
ORONO, MN 55331
612-790-7860
WWW.ALMAHOMESMN.COM
MN LICENSE #BC726074
O
F
5
S
H
E
E
T
JAQUA RESIDENCE
3262 NORTH SHORE DRIVE
ORONO, MN 55391
S
Q
U
A
R
E
F
O
O
T
A
G
E
P
L
A
N
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E
V
I
S
I
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N
S
1
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3
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6
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2
0
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L
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N
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G
N
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F
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2
.
5
/
1
5
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2
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3
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4
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5
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B
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N
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:
N
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A
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F
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:
1
1
3
6
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F
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F
L
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:
1
5
9
6
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F
T
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A
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F
:
2
7
3
2
S
F
G
A
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A
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:
6
0
4
S
F
S
C
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N
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:
1
7
4
S
F
F
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B
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(
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2
1
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2
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0
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A
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3
UPPER LEVEL PLA
N
SCALE 14"=1'
8'-0"
6
:
1
2
6
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1
2
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F
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1
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1
2
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1
2
6
1
2
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1
2
6
1
2
6
1
2
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1
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4
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14:12 6 12612
6
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1
2
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3
:
1
2
V
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14:12
M
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D
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A L M A H O M E S
D E S I G N | B U I L D | R E N O V A T E
2500 SHADYWOOD ROAD SUITE 750
ORONO, MN 55331
612-790-7860
WWW.ALMAHOMESMN.COM
MN LICENSE #BC726074
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JAQUA RESIDENCE
3262 NORTH SHORE DRIVE
ORONO, MN 55391
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A L M A H O M E S
D E S I G N | B U I L D | R E N O V A T E
2500 SHADYWOOD ROAD SUITE 750
ORONO, MN 55331
612-790-7860
WWW.ALMAHOMESMN.COM
MN LICENSE #BC726074
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JAQUA RESIDENCE
3262 NORTH SHORE DRIVE
ORONO, MN 55391
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From:JP Perrill
To:Melanie Curtis
Subject:Patty and David House Plans- Neighbor
Date:Monday, July 20, 2020 12:21:40 PM
Hi there,
I live in 3264 Northshore Drive and received a postcard of a hearing tonight for Patty and Dave’s Northshore Drive
home. We have received the house plans and have no objections from a neighbor standpoint. I am not sure if that
matters, but thought to represent our opinion as we will not be attending. Thanks!
Sent from my iPhone
From:Randy Gort
To:Melanie Curtis
Cc:dave.jaqua@jaquaconsulting.com
Subject:Jaqua Build
Date:Friday, August 7, 2020 10:50:50 AM
Good Morning Melanie,
Just wanted to send you a quick email on the Jaqua Home Build. My wife and I are next door
neighbors to the Jaqua’s and had the opportunity to sit down with Dave and Patty to review their
plan and design. They are very excited about their new home and my wife and I are excited to see
the finished product. I do understand that they might have a minor variance to their plan but we
feel like it would be a worthwhile upgrade to the neighborhood and not be a bother to us and other
neighbors.
Please call me at the contact information below if you have any questions or concerns.
Thanks
Randy Gort | Executive Vice President
Email: RGort@hayscompanies.com
Direct: (612) 373-7257 | Mobile: (612) 849-6430 | Fax: (612) 313-1657
Hays Companies
80 South 8th Street, Suite 700 | Minneapolis | MN | 55402
This communication is intended only for the recipient(s) named above; may be confidential and/or legally
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intended recipient, you are hereby notified that any use of this communication, or any of its contents, is
prohibited. If you have received this communication in error, please return it to the sender and delete the
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http://www.hayscompanies.com\disclosure
Date Application Received: 06/16/2020
Date Application Considered as Complete: 06/16/2020
60-Day Review Period Extension Expires: 08/15/2020
To: Chair Ressler and Planning Commission Members
Dustin Rief, City Administrator
From: Melanie Curtis, Planner mcc
Date: 20 July 2020
Subject: #LA120-000043, David & Pattie Jaqua, 3262 North Shore Dr
Variances / Public Hearing
Background
The applicants are requesting variances in order to construct a new home on a property with substandard
area and width. Additionally requested is a hardcover variance to permit 26.9% hardcover where 25% is
permitted. The lakeshore property does not have direct frontage on North Shore Drive, nor does it have the
ability to park offsite due to the landlocked configuration. It is situated between two marinas.
N
Practical Difficulties Analysis
Applicant Submittal Information: The applicants have outlined the following practical difficulties with the
property supporting the variances: the narrow, 7½’ driveway access point situated on the easternmost side of
the property; the lot configuration without street frontage; and the small size of the lot. Additionally, they
have provided supporting documentation regarding Practical Difficulties attached as Exhibit B, and should be
asked for additional testimony regarding the application.
Application Summary: The applicants are requesting lot width, lot area, and hardcover variances in
order to redevelop the property.
Staff Recommendation: Staff recommends approval of the variances.
FILE # LA20-000043
20 July 2020
Page 2 of 5
Planning Staff Practical Difficulty Analysis:
The applicant has designed a house which fits within the required setbacks; eliminated 1,113 square feet of
hardcover and structure from the 75-foot setback; and is 23-feet further from the lake to meet the 75-foot
setback with a minimal driveway but still exceeds the 25% hardcover.
Staff finds practical difficulties inherent to the location, size, and shape of the lot affecting the property which
justify the variances allowing redevelopment. The property’s unique condition of being landlocked without
direct frontage on North Shore Drive eliminates their off-site parking ability. The narrow, awkward 7½ foot
driveway access point from the existing easement (over 3268 North Shore Drive) provides design and
maneuverability challenges. The proposed home development on this property is at a scale which is
consistent with the immediate neighborhood.
LOT ANALYSIS WORKSHEET
Sections 78-370 & 78-1279 - Setbacks:
LR-1C-1 Required Existing Proposed
Rear/Street 30’ principal
10’ accessory
71’ house
15’ det. garage
30.5’ house
East Side* 7.5’ 15.9’ 10’
West Side* 7.5’ 6’ 7.5’
Lakeshore 75’ 52’ house
32’ deck
75’ house
64’ patio
Average Lakeshore The property to the east is vacant. The average lakeshore setback is determined
by the home at 3286 NSD and will be met.
* 78-370(b)(1) Side yard setback. For lots that are non-conforming as to their width, the interior side yard
setback for the principal building… shall be the lessor of ten feet or equal to ten percent of the lot width as
defined. However, in no case shall the side yard setback be less than 7.5 feet.
Section 78-370 - Lot Area/Width:
LR-1C-1 Lot Area Lot Width
Required 21,780 s.f. (0.5 acres) 100’
Actual 11,540 s.f. (0.26 acre) 70’ @ 75’ / 70’ @ OHWL
Section 78-1403- Structural Building Coverage:
Total Lot Area Total Structural Coverage
11,540 s.f. (0.26 acre) Allowed: 2,308 s.f. (20%)
Existing: 1,881 s.f. (16%)
Proposed: 2,174 s.f. (18.8%)
Section 78-1700 - Hardcover Calculations:
Stormwater
Overlay
District Tier
Total Area
in Zone Allowed Hardcover Existing
Hardcover Proposed Hardcover
Tier 1 11,540 s.f. 2,885 s.f.
(25%)
3,956 s.f.
(34.2%)
3,111 s.f.
(26.9%)
190 w/in
75’
Applicable Regulations:
Lot Area and Lot Width Variances (Section 78-370)
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
FILE # LA20-000043
20 July 2020
Page 3 of 5
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 a hardcover variance results in the property’s inability to conform to all of the
standards above. Therefore, lot area and lot width variances are also 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.
Hardcover Variance (Section 78-1700)
The applicant is proposing 26.9% total site hardcover (3,111 square feet) where 25% is permitted; 226 square
feet more than allowed. The patio shown within the 75-foot setback is permitted as an in-kind improvement
due to its location within the existing home footprint.
The proposed home is shown to conform to the lake, and average lakeshore setbacks which improves the
existing non-conforming setback from the lake by 23 feet. A 2-car garage is proposed with a 16 foot-wide
overhead door. The driveway is 16 feet wide, the minimum required for that door width. They have designed
the remainder of the driveway with the minimal hardcover required to access the property beginning with
the 7½ foot width at the property line and 16-foot width to provide garage access, and to provide for some
modest onsite parking for guests. The entire lakeside patio will be installed with pervious paver materials,
however only 100 square feet of the 344 square foot patio is permitted to be excluded from the hardcover
calculations.
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
FILE # LA20-000043
20 July 2020
Page 4 of 5
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 proposed
variances are in harmony with the purpose of the Ordinance. The substandard lot has difficulties in
its small size and depth, and unique “landlocked” relationship with the surrounding properties. The
house location improves a non-conforming existing setback by 23 feet and is shown to be
conforming protecting views of the lake for adjacent properties and limiting 75-foot hardcover.
2. The variance is consistent with the comprehensive plan. The number and type of variances proposed
to develop this nonconforming lot of record are consistent with the comprehensive plan.
3. The applicant establishes that there are practical difficulties.
a. The property owner proposes to use the property in a reasonable manner not permitted by
the official controls; the request to permit construction of the home on the substandard lot
is reasonable.
b. There are circumstances unique to the property not created by the landowner; The
substandard size is an existing condition, the property owners have attempted to acquire
additional land via purchase or easement and have been unsuccessful. Therefore there is
no available land with which to make the property more conforming. The restricted
driveway access and lack of off-site parking availability are challenges not created by the
owners. There should be consideration for variance approvals from the lot width and area
requirements. The house and hardcover have been designed with an effort toward limiting
the additional hardcover without sacrificing functionality; 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, which is reasonable.
Additionally City Code 78-123 provides additional parameters within which a variance may be granted as
follows:
4. Economic considerations alone do not constitute practical difficulties. Economic considerations have
not been a factor in the variance approval determination.
5. Practical difficulties also include but are not limited to inadequate access to direct sunlight for solar
energy systems. Variances shall be granted for earth-sheltered construction as defined in Minn. Stat.
§ 216C.06, subd. 2, when in harmony with Orono City Code Chapter 78. This condition is not
applicable.
6. The board or the council may not permit as a variance any use that is not permitted under Orono City
Code Chapter 78 for property in the zone where the affected person's land is located. This condition
is not applicable, as a residential home is an allowed use in the LR-1C-1 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, depth, and unique configuration
creates difficulties which also apply to many of the properties in the same neighborhood. The
proposed hardcover level is not out of character.
9. The conditions do not apply generally to other land or structures in the district in which the land is
located. The property’s substandard size, depth, in addition to the unique configuration creates
difficulties which apply to very few properties in the City. The neighboring property, 3260 North
Shore Drive, has a similar landlocked challenge, however the owner of that property also owns the
landlocked lot providing driveway access.
FILE # LA20-000043
20 July 2020
Page 5 of 5
10. The granting of the application is necessary for the preservation and enjoyment of a substantial
property right of the applicant. Granting lot area and lot width variances are necessary for the
preservation of the property right of the applicant. The hardcover variance is requested to
reasonably support the proposed home on the unique property.
11. The granting of the proposed variance will not in any way impair health, safety, comfort or morals, or
in any other respect be contrary to the intent of this chapter. Granting the variances for hardcover,
lot width and lot area 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 variances for lot area, lot width, and hardcover
are necessary, and do not merely serve as a convenience to the applicants.
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.
Public Comments
No public comments have been submitted to date.
Issues for Consideration
1. Does the Planning Commission find that that the property owner proposes to use the property in
a reasonable manner which is not permitted by an official control?
2. Does the Planning Commission find that the variance(s), if granted, will not alter the essential
character of the neighborhood?
3. Does the Commission find it necessary to impose conditions in order to mitigate the impacts
created by the granting of the requested variance(s)?
4. Are there any other issues or concerns with this application?
Planning Staff Recommendation
Staff recommends approval of the variances.
List of Exhibits
Exhibit A. Application
Exhibit B. Practical Difficulties Documentation Form
Exhibit C. Jaqua Application Overview
Exhibit D. Existing Survey
Exhibit E. Proposed Survey/Site Plan
Exhibit F. Proposed Plans and Elevations
Exhibit G. Hardcover Calculations (Staff Edit)
Exhibit H. Aerial Photos
Exhibit I. Property Owners List
Exhibit J. Plat Map
AGENDA ITEM
Prepared By: LLO Reviewed By: J. Barnhart Approved By DJR
1. Purpose. The applicant is requesting side yard setback variance.
2. Background. The applicants are proposing to construct a garage addition to the existing home. This
is a long narrow lot that fronts on Lake Minnetonka. The existing home is nonconforming with a 5.7’
side yard setback. The majority of the proposed addition meets the 7.5’ setback for the proposed garage
space, however, a portion to accommodate an existing stairway is proposed to be 5.8’ from the property
line. This portion is 6’ by 2’ for a total of 12 sq.ft., creating a new encroachment into the side yard
setback. The applicant is also proposing to redesign the driveway and will bring the hardcover for the
property into conformance from 29% to 24.5%.
3. 15.99 Deadline. The application was deemed complete on June 24, 2020. The 60-day review period
will expire 08/23/2020.
4. Planning Commission Vote and Comment. The planning commission reviewed the application and
held a public hearing at their meeting on July 20th. The commission discussed the application has practical
difficulties with the narrow lot and dealing with the existing condition for the current placement of the
stairs. Commissioner Kirchner stated concerns with allowing a new encroachment within the setback. The
Commission voted to recommended approval 5-1 with Kirchner opposed.
5. Public Comment No public comments were made. The applicant submitted a letter from the
neighbor in support of the project.
6. Staff Recommendation. Planning Department Staff recommends approval.
COUNCIL ACTION REQUESTED
Motion to adopt or amend the approval resolution.
Exhibits
A. Draft Resolution
B. Proposed Plans
C. PC Staff Report
References
PC Exhibits
Exhibit A. Application
Exhibit B. Practical Difficulties Documentation Form
Exhibit C. Existing & Proposed Survey/Site Plan
Exhibit D. Proposed Plans and Elevations
Exhibit E. Submitted Hardcover Calculations
Exhibit F. Neighbor Support Letter
Exhibit G. Property Owners List and Map
Item No.: 13 Date: August 13, 2020
Item Description: LA20-000042 – Lake Country Builders o/b/o Ron and Holly Rocca,
2520 Casco Point Road, Variance – Resolution
Presenter: Laura Oakden
Planner
Agenda
Section:
Planning Department
Report
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO. ________________________
1
A RESOLUTION
APPROVING A VARIANCE FROM
MUNICIPAL ZONING CODE
SECTION 78-350
FILE NO. LA20-000042
WHEREAS, on June 24, 2020, Lake Country Builders o/b/o Ron and Holly Rocca
(“Applicants”), applied for a variance from the City Code for the property addressed 2520 Casco
Point Road and legally described as:
The southwesterly half of Lot 4, TOWNSITE OF LANGDON PARK, 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 78-350 to allow an addition to encroach into
into the side yard setback; and
WHEREAS, on June 24, 2020, after published and mailed notice in accordance with
Minnesota Statutes and the City Code, the City Council held a public hearing, at which time all
persons desiring to be heard concerning this application were given the opportunity to speak
thereon; and
WHEREAS, on July 20, 2020, the Planning Commission recommended approval
of the variance; 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 #LA20-000042. 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 0.52 acres in area and has a defined lot width of 64 feet.
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO. ________________________
2
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. Side yard setback
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. The variance is in harmony with the general intent and purpose of the Ordinance. The
proposed variance is in harmony with the intent and purpose of the Ordinance. The
project reduces hardcover bringing the property into conformance. The side yard
setback is minimal and reasonable for stair access.
2. The variance is consistent with the comprehensive plan. The proposed project to
remodel an existing home on a narrow lot working to meet all official controls. The
side yard setback variance is looking to address existing conditions within the
home. The project is working to follow the goals of 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 proposed project to remodel an existing
home on a substandard lo while bringing the hardcover into conformance
with a minimal encroachment within the side yard to allow access to existing
stairs is following to goals for comprehensive plan.
b. There are circumstances unique to the property not created by the landowner; the
existing home and substandard lot are unique and not created by the
property owner. and
c. The variance will not alter the essential character of the locality. . The variance
is requested in order to permit an addition to the 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:
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
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO. ________________________
3
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 single family 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 width as well
as the existing home create difficulties and are peculiar.
9. The conditions do not apply generally to other land or structures in the district in which the
land is located. The applicant is working to keep the existing home with the proposed
addition showing a small 2x6 encroachment into the side yard setback to allow for
a landings to an existing stairway. The current property which exceeds city
hardcover requirements will be brought into conformance. The existing conditions
are unique to this property and the proposed project would bring the overall
hardcover for the property closer to conforming to the City regulations.
10. The granting of the application is necessary for the preservation and enjoyment of a
substantial property right of the applicant. Granting to side yard setback variance is
necessary for the use and preservation of the property.
11. The granting of the proposed variance will not in any way impair health, safety, comfort or
morals, or in any other respect be contrary to the intent of this chapter. Granting the
requested variances 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 variance does not merely serve as
a convenience to the applicant. The variances are necessary as the property has
practical difficulties affecting development.
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 to allow an addition into the side yard
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 survey dated June 15, 2020 and building plans
submitted by the Applicants and annotated by City staff, attached to this Resolution as
Exhibit A.
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO. ________________________
4
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 13, 2021).
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 13th day of August, 2020.
ATTEST: CITY OF ORONO:
_______________________________ ________________________________
Anna Carlson, City Clerk Dennis Walsh, Mayor
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LEGAL DESCRIPTION:The southwesterly half og Lot 4, TOWNSITE OF LANGDON PARK, Hennepin County, Minnesota.SCOPE OF WORK & LIMITATIONS:1.Showing the length and direction of boundary lines of the legal description listed above. The scope of our servicesdoes not include determining what you own, which is a legal matter. Please check the legal description with yourrecords or consult with competent legal counsel, if necessary, to make sure that it is correct and that any matters ofrecord, such as easements, that you wish to be included on the survey have been shown.2.Showing the location of observed existing improvements we deem necessary for the survey.3.Setting survey markers or verifying existing survey markers to establish the corners of the property.4.This survey has been completed without the benefit of a current title commitment. There may be existingeasements or other encumbrances that would be revealed by a current title commitment. Therefore, this surveydoes not purport to show any easements or encumbrances other than the ones shown hereon.5.Showing elevations on the site at selected locations to give some indication of the topography of the site. We havealso provided a benchmark for your use in determining elevations for construction on this site. The elevationsshown relate only to the benchmark provided on this survey. Use that benchmark and check at least one otherfeature shown on the survey when determining other elevations for use on this site or before beginningconstruction.6.While we show a proposed location for this home or addition, we are not as familiar with your proposed plans asyou, your architect, or the builder are. Review our proposed location of the improvements and proposed yardgrades carefully to verify that they match your plans before construction begins. Also, we are not as familiar withlocal codes and minimum requirements as the local building and zoning officials in this community are. Be sureto show this survey to said officials, or any other officials that may have jurisdiction over the proposedimprovements and obtain their approvals before beginning construction or planning improvements to the property.7.Note that all building dimensions and building tie dimensions to the property lines, are taken from the siding andor stucco of the building.8.While we show the building setback lines per the City of Orono web site, we suggest you show this survey to theappropriate city officials to be sure that the setback lines are shown correctly. Do this BEFORE you use thissurvey to design anything for this site.STANDARD SYMBOLS & CONVENTIONS:"●" Denotes iron survey marker, set, unless otherwise noted.
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GRADING & EROSION CONTROL NOTES:BEFORE DEMOLITION AND GRADING BEGIN·Install silt fence/bio roll around the perimeter of the construction area.·Sediment control measures must remain in place until final stabilization has beenestablished and then shall be removed. Sediment controls may be removed toaccommodate short term construction activity but must be replaced before the next rain.·A temporary rock construction entrance shall be established at each access point to thesite and a 6 inch layer of 1 to 2 inch rock extending at least 50 feet from the street intothe site and shall be underlain with permeable geotextile fabric. The entrance shall bemaintained during construction by top dressing or washing to prevent tracking or flowof sediments onto public streets, walks or alleys. Potential entrances that are not soprotected shall be closed by fencing to prevent unprotected exit from the site.·Contractor shall install inlet protection on all existing storm sewer inlets in accordancewith the city standard details. Inlet protection shall also be provided on all proposedstorm sewer inlets immediately following construction of the inlet. Inlet protection mustbe installed in a manner that will not impound water for extended periods of time or in amanner that presents a hazard to vehicular or pedestrian traffic.DURING CONSTRUCTION:·When dirt stockpiles have been created, a double row of silt fence shall be placed toprevent escape of sediment laden runoff and if the piles or other disturbed areas are toremain in place for more than 14 days, they shall be seeded with Minnesota Departmentof Transportation Seed Mixture 22-111 at 100 lb/acre followed by covering with spraymulch.·A dumpster shall be placed on the site for prompt disposal of construction debris.These dumpsters shall be serviced regularly to prevent overflowing and blowing ontoadjacent properties. Disposal of solid wastes from the site shall in accordance withMinnesota Pollution Control Agency requirements.·A separate container shall be placed for disposal of hazardous waste. Hazardous wastesshall be disposed of in accordance with MPCA requirements.·Concrete truck washout shall be in the plastic lined ditch and dispose of washings assolid waste.·Sediment control devices shall be regularly inspected and after major rainfall events andshall be cleaned and repaired as necessary to provide downstream protection.·Streets and other public ways shall be inspected daily and if litter or soils ha
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2520
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CLIENT NAME / JOB ADDRESS
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LEGAL DESCRIPTION:The southwesterly half og Lot 4, TOWNSITE OF LANGDON PARK, Hennepin County, Minnesota.SCOPE OF WORK & LIMITATIONS:1.Showing the length and direction of boundary lines of the legal description listed above. The scope of our servicesdoes not include determining what you own, which is a legal matter. Please check the legal description with yourrecords or consult with competent legal counsel, if necessary, to make sure that it is correct and that any matters ofrecord, such as easements, that you wish to be included on the survey have been shown.2.Showing the location of observed existing improvements we deem necessary for the survey.3.Setting survey markers or verifying existing survey markers to establish the corners of the property.4.This survey has been completed without the benefit of a current title commitment. There may be existingeasements or other encumbrances that would be revealed by a current title commitment. Therefore, this surveydoes not purport to show any easements or encumbrances other than the ones shown hereon.5.Showing elevations on the site at selected locations to give some indication of the topography of the site. We havealso provided a benchmark for your use in determining elevations for construction on this site. The elevationsshown relate only to the benchmark provided on this survey. Use that benchmark and check at least one otherfeature shown on the survey when determining other elevations for use on this site or before beginningconstruction.6.While we show a proposed location for this home or addition, we are not as familiar with your proposed plans asyou, your architect, or the builder are. Review our proposed location of the improvements and proposed yardgrades carefully to verify that they match your plans before construction begins. Also, we are not as familiar withlocal codes and minimum requirements as the local building and zoning officials in this community are. Be sureto show this survey to said officials, or any other officials that may have jurisdiction over the proposedimprovements and obtain their approvals before beginning construction or planning improvements to the property.7.Note that all building dimensions and building tie dimensions to the property lines, are taken from the siding andor stucco of the building.8.While we show the building setback lines per the City of Orono web site, we suggest you show this survey to theappropriate city officials to be sure that the setback lines are shown correctly. Do this BEFORE you use thissurvey to design anything for this site.STANDARD SYMBOLS & CONVENTIONS:"●" Denotes iron survey marker, set, unless otherwise noted.
S
H
E
E
T
S
I
Z
E
2
2
X
3
4
SCALE - 1" = 20'
#
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.
GRADING & EROSION CONTROL NOTES:BEFORE DEMOLITION AND GRADING BEGIN·Install silt fence/bio roll around the perimeter of the construction area.·Sediment control measures must remain in place until final stabilization has beenestablished and then shall be removed. Sediment controls may be removed toaccommodate short term construction activity but must be replaced before the next rain.·A temporary rock construction entrance shall be established at each access point to thesite and a 6 inch layer of 1 to 2 inch rock extending at least 50 feet from the street intothe site and shall be underlain with permeable geotextile fabric. The entrance shall bemaintained during construction by top dressing or washing to prevent tracking or flowof sediments onto public streets, walks or alleys. Potential entrances that are not soprotected shall be closed by fencing to prevent unprotected exit from the site.·Contractor shall install inlet protection on all existing storm sewer inlets in accordancewith the city standard details. Inlet protection shall also be provided on all proposedstorm sewer inlets immediately following construction of the inlet. Inlet protection mustbe installed in a manner that will not impound water for extended periods of time or in amanner that presents a hazard to vehicular or pedestrian traffic.DURING CONSTRUCTION:·When dirt stockpiles have been created, a double row of silt fence shall be placed toprevent escape of sediment laden runoff and if the piles or other disturbed areas are toremain in place for more than 14 days, they shall be seeded with Minnesota Departmentof Transportation Seed Mixture 22-111 at 100 lb/acre followed by covering with spraymulch.·A dumpster shall be placed on the site for prompt disposal of construction debris.These dumpsters shall be serviced regularly to prevent overflowing and blowing ontoadjacent properties. Disposal of solid wastes from the site shall in accordance withMinnesota Pollution Control Agency requirements.·A separate container shall be placed for disposal of hazardous waste. Hazardous wastesshall be disposed of in accordance with MPCA requirements.·Concrete truck washout shall be in the plastic lined ditch and dispose of washings assolid waste.·Sediment control devices shall be regularly inspected and after major rainfall events andshall be cleaned and repaired as necessary to provide downstream protection.·Streets and other public ways shall be inspected daily and if litter or soils ha
s
b
e
e
n
deposited it shall promptly be removed.·If necessary, vehicles, that have mud on their wheels, shall be cleaned befor
e
e
x
i
t
i
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t
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site in the rock entrance areas·Moisture shall be applied to disturbed areas to control dust as needed.·Portable toilet facilities shall be placed on site for use by workers and shall b
e
p
r
o
p
e
r
l
y
maintained.·If it becomes necessary to pump the excavation during construction, pump d
i
s
c
h
a
r
g
e
shall be into the stockpile areas so that the double silt fence around these are
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a
n
f
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r
the water before it leaves the site.·Temporary erosion control shall be installed no later than 14 days after the s
i
t
e
i
s
f
i
r
s
t
disturbed and shall consist of broadcast seeding with Minnesota Department
o
f
Transportation Seed Mixture 22-111 at 100 lb/acre followed by covering wit
h
s
p
r
a
y
mulch.·Erosion control measures shown on the erosion control plan are the absolute
m
i
n
i
m
u
m
.
The contractor shall install temporary earth dikes, sediment traps or basins a
n
d
additional silt fencing as deemed necessary to control erosion.SITE WORK COMPLETION:·When final grading has been completed but before placement of seed or sod
a
n
“
a
s
built” survey shall be done per City of Orono requirements to insure that gra
d
i
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g
w
a
s
properly done.·When any remedial grading has been completed, sod or seeding shall be co
m
p
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including any erosion control blankets for steep areas.·When turf is established, silt fence and inlet protection and other erosion co
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s
shall be disposed of and adjacent streets, alleys and walks shall be cleaned a
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e
d
e
d
t
o
deliver a site that is erosion resistant and clean.·Contractor shall maintain positive drainage of a minimum 2% slope away fr
o
m
proposed building.
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S
2520
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CLIENT NAME / JOB ADDRESS
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DRAWING ORIENTATION & SCALE40200
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LEGAL DESCRIPTION:The southwesterly half og Lot 4, TOWNSITE OF LANGDON PARK, Hennepin County, Minnesota.SCOPE OF WORK & LIMITATIONS:1.Showing the length and direction of boundary lines of the legal description listed above. The scope of our services
d
o
e
s
n
o
t
i
n
c
l
u
d
e
determining what you own, which is a legal matter. Please check the legal description with your records or consult with
c
o
m
p
e
t
e
n
t
l
e
g
a
l
counsel, if necessary, to make sure that it is correct and that any matters of record, such as easements, that you wish to b
e
i
n
c
l
u
d
e
d
o
n
t
h
e
survey have been shown.2.Showing the location of observed existing improvements we deem necessary for the survey.3.Setting survey markers or verifying existing survey markers to establish the corners of the property.4.This survey has been completed without the benefit of a current title commitment. There may be existing easements or oth
e
r
e
n
c
u
m
b
r
a
n
c
e
s
that would be revealed by a current title commitment. Therefore, this survey does not purport to show any easements or enc
u
m
b
r
a
n
c
e
s
o
t
h
e
r
than the ones shown hereon.5.Showing elevations on the site at selected locations to give some indication of the topography of the site. We have
a
l
s
o
p
r
o
v
i
d
e
d
a
benchmark for your use in determining elevations for construction on this site. The elevations shown relate only to the ben
c
h
m
a
r
k
p
r
o
v
i
d
e
d
on this survey. Use that benchmark and check at least one other feature shown on the survey when determining other elev
a
t
i
o
n
s
f
o
r
u
s
e
o
n
this site or before beginning construction.6.Note that all building dimensions and building tie dimensions to the property lines, are taken from the siding and or stucco o
f
t
h
e
b
u
i
l
d
i
n
g
.
STANDARD SYMBOLS & CONVENTIONS:"●" Denotes iron survey marker, set, unless otherwise noted.
#
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SCALE - 1" = 20'LEGEND
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2520
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CLIENT NAME / JOB ADDRESS
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LEGAL DESCRIPTION:The southwesterly half og Lot 4, TOWNSITE OF LANGDON PARK, Hennepin County, Minnesota.SCOPE OF WORK & LIMITATIONS:1.Showing the length and direction of boundary lines of the legal description listed above. The scope of our servicesdoes not include determining what you own, which is a legal matter. Please check the legal description with yourrecords or consult with competent legal counsel, if necessary, to make sure that it is correct and that any matters ofrecord, such as easements, that you wish to be included on the survey have been shown.2.Showing the location of observed existing improvements we deem necessary for the survey.3.Setting survey markers or verifying existing survey markers to establish the corners of the property.4.This survey has been completed without the benefit of a current title commitment. There may be existingeasements or other encumbrances that would be revealed by a current title commitment. Therefore, this surveydoes not purport to show any easements or encumbrances other than the ones shown hereon.5.Showing elevations on the site at selected locations to give some indication of the topography of the site. We havealso provided a benchmark for your use in determining elevations for construction on this site. The elevationsshown relate only to the benchmark provided on this survey. Use that benchmark and check at least one otherfeature shown on the survey when determining other elevations for use on this site or before beginningconstruction.6.While we show a proposed location for this home or addition, we are not as familiar with your proposed plans asyou, your architect, or the builder are. Review our proposed location of the improvements and proposed yardgrades carefully to verify that they match your plans before construction begins. Also, we are not as familiar withlocal codes and minimum requirements as the local building and zoning officials in this community are. Be sureto show this survey to said officials, or any other officials that may have jurisdiction over the proposedimprovements and obtain their approvals before beginning construction or planning improvements to the property.7.Note that all building dimensions and building tie dimensions to the property lines, are taken from the siding andor stucco of the building.8.While we show the building setback lines per the City of Orono web site, we suggest you show this survey to theappropriate city officials to be sure that the setback lines are shown correctly. Do this BEFORE you use thissurvey to design anything for this site.STANDARD SYMBOLS & CONVENTIONS:"●" Denotes iron survey marker, set, unless otherwise noted.
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GRADING & EROSION CONTROL NOTES:BEFORE DEMOLITION AND GRADING BEGIN·Install silt fence/bio roll around the perimeter of the construction area.·Sediment control measures must remain in place until final stabilization has beenestablished and then shall be removed. Sediment controls may be removed toaccommodate short term construction activity but must be replaced before the next rain.·A temporary rock construction entrance shall be established at each access point to thesite and a 6 inch layer of 1 to 2 inch rock extending at least 50 feet from the street intothe site and shall be underlain with permeable geotextile fabric. The entrance shall bemaintained during construction by top dressing or washing to prevent tracking or flowof sediments onto public streets, walks or alleys. Potential entrances that are not soprotected shall be closed by fencing to prevent unprotected exit from the site.·Contractor shall install inlet protection on all existing storm sewer inlets in accordancewith the city standard details. Inlet protection shall also be provided on all proposedstorm sewer inlets immediately following construction of the inlet. Inlet protection mustbe installed in a manner that will not impound water for extended periods of time or in amanner that presents a hazard to vehicular or pedestrian traffic.DURING CONSTRUCTION:·When dirt stockpiles have been created, a double row of silt fence shall be placed toprevent escape of sediment laden runoff and if the piles or other disturbed areas are toremain in place for more than 14 days, they shall be seeded with Minnesota Departmentof Transportation Seed Mixture 22-111 at 100 lb/acre followed by covering with spraymulch.·A dumpster shall be placed on the site for prompt disposal of construction debris.These dumpsters shall be serviced regularly to prevent overflowing and blowing ontoadjacent properties. Disposal of solid wastes from the site shall in accordance withMinnesota Pollution Control Agency requirements.·A separate container shall be placed for disposal of hazardous waste. Hazardous wastesshall be disposed of in accordance with MPCA requirements.·Concrete truck washout shall be in the plastic lined ditch and dispose of washings assolid waste.·Sediment control devices shall be regularly inspected and after major rainfall events andshall be cleaned and repaired as necessary to provide downstream protection.·Streets and other public ways shall be inspected daily and if litter or soils ha
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deposited it shall promptly be removed.·If necessary, vehicles, that have mud on their wheels, shall be cleaned befor
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site in the rock entrance areas·Moisture shall be applied to disturbed areas to control dust as needed.·Portable toilet facilities shall be placed on site for use by workers and shall b
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maintained.·If it becomes necessary to pump the excavation during construction, pump d
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shall be into the stockpile areas so that the double silt fence around these are
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the water before it leaves the site.·Temporary erosion control shall be installed no later than 14 days after the s
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disturbed and shall consist of broadcast seeding with Minnesota Department
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Transportation Seed Mixture 22-111 at 100 lb/acre followed by covering wit
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mulch.·Erosion control measures shown on the erosion control plan are the absolute
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The contractor shall install temporary earth dikes, sediment traps or basins a
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additional silt fencing as deemed necessary to control erosion.SITE WORK COMPLETION:·When final grading has been completed but before placement of seed or sod
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shall be disposed of and adjacent streets, alleys and walks shall be cleaned a
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deliver a site that is erosion resistant and clean.·Contractor shall maintain positive drainage of a minimum 2% slope away fr
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proposed building.
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Date Application Received: 06/23/2020
Date Application Considered as Complete: 06/24/2020
60-Day Review Period Expires: 08/23/2020
To: Chair Ressler and Planning Commission Members
Dustin Rief, City Administrator
From: Laura Oakden
Planner
Date: July 20, 2020
Subject: LA20-000042, Lake Country Builders o/b/o Ron and Holly Rocca, 2520 Casco
Point Road, Variance, Public Hearing
Background
The applicants are proposing to construct a garage addition to the existing home. This is a long
narrow lot that fronts on Lake Minnetonka. The existing home is nonconforming with a 5.7’
side yard setback where 7.5’ is required. The majority of the proposed addition meets the
setback for the proposed garage space, however, a portion to accommodate an existing
stairway is proposed to be 5.8’ from the property line. This portion is 6’ by 2’ for a total of 12
square feet of new encroachment into the side yard setback. The applicant is also proposing to
redesign the driveway and will bring the hardcover for the property into conformance from 29%
to 24.5%.
Practical Difficulties Analysis (For Variance Applications Only)
Applicant Submittal Information: The applicant has identified the location of the existing home
and existing stairwell in nonconforming location in a substandard lot as practical difficulties
supporting the requested variance. Additionally, they have provided supporting documentation
regarding Practical Difficulties attached as Exhibit B, and should be asked for additional
testimony regarding the application.
Planning Staff Practical Difficulty Analysis: Regarding practical difficulty, Staff finds there are
practical difficulties due to the substandard narrow lot and the existing home. The applicant is
only proposing a small encroachment into the setback to allow for a landings to the existing
stairs. Majority of the addition is in conforming location minimizing the footprint within the
setback. The applicant is also proposing to reconstruct the driveway and bring the hardcover for
the property into conformance.
LOT ANALYSIS WORKSHEET
Section 78-350 - Setbacks:
DISTRICT LR-1C Required Existing Proposed
Lake 75’ 93.6 No Change
Street 30’ 230’ 200’
Application Summary: The applicant is requesting side yard setback variance.
Staff Recommendation: Planning Department Staff recommends approval.
LA20-000042
July 20, 2020
Page 2 of 4
Side (North) 7.5’ 5.7’ 5.8’
Side (South) 7.5’ 15’ No Change
Average Lakeshore Met. No Change
Section 78-350- Lot Area/Width:
DISTRICT LR-1C Lot Area Lot Width
Required 21,780 s.f. (0.5 acres) 100’
Actual 22,646 s.f. (0.52 acre) 64’ @ 75’ / 64’ @ OHWL
Section 78-1403- Structural Building Coverage:
Total Lot Area Total Structural Coverage
22,646 s.f. (0.52 acre) Allowed: 4,529 s.f. (20%)
Proposed: 2,481 s.f. (11 %)
Section 78-1680 and 78-1700 - Hardcover Calculations:
Stormwater
Overlay District
Tier
Total Area in
Zone
Allowed
Hardcover
Existing
Hardcover
Proposed
Hardcover
Tier 1 22,646 s.f. 5,661.5 s.f.
(25 %)
6,569 s.f.
(29 %)
5,547 s.f.
(24.5 %)
Applicable Regulations:
Side Yard Setback (78-350)
The applicant has an existing narrow lot of 64’ wide allowing a 7.5’ side yard setback. The
existing home is nonconforming with a 5.7’ along the north side of the property. The applicant
is proposing an addition with a 2 x 6 area to maintain a 5.8’ side yard setback for a stair landing.
The rest of the proposed addition will conform to the setbacks.
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:
LA20-000042
July 20, 2020
Page 3 of 4
1. The variance is in harmony with the general intent and purpose of the Ordinance. The
proposed variance is in harmony with the intent and purpose of the Ordinance. The
project reduces hardcover bringing the property into conformance. The side yard
setback is minimal and reasonable for stair access.
2. The variance is consistent with the comprehensive plan. The proposed project to
remodel an existing home on a narrow lot working to meet all official controls. The side
yard setback variance is looking to address existing conditions within the home. The
project is working to follow the goals of 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 proposed project to remodel an existing
home on a substandard lo while bringing the hardcover into conformance with
a minimal encroachment within the side yard to allow access to existing stairs
is following to goals for comprehensive plan.
b. There are circumstances unique to the property not created by the landowner;
the existing home and substandard lot are unique and not created by the
property owner. and
c. The variance will not alter the essential character of the locality. . The variance
is requested in order to permit an addition to the 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:
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 single family 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 width as well
as the existing home create difficulties and are peculiar.
9. The conditions do not apply generally to other land or structures in the district in which
the land is located. The applicant is working to keep the existing home with the
proposed addition showing a small 2x6 encroachment into the side yard setback to
allow for a landings to an existing stairway. The current property which exceeds city
hardcover requirements will be brought into conformance. The existing conditions are
unique to this property and the proposed project would bring the overall hardcover for
the property closer to conforming to the City regulations.
10. The granting of the application is necessary for the preservation and enjoyment of a
substantial property right of the applicant. Granting to side yard setback variance is
necessary for the use and preservation of the property.
LA20-000042
July 20, 2020
Page 4 of 4
11. The granting of the proposed variance will not in any way impair health, safety, comfort
or morals, or in any other respect be contrary to the intent of this chapter. Granting the
requested variances 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 variance does not merely serve as
a convenience to the applicant. The variances are necessary as the property has
practical difficulties affecting development.
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.
Public Comments
The applicant has submitted a letter for the neighbor in support of the project.
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, 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?
4. Are there any other issues or concerns with this application?
Planning Staff Recommendation
Planning Staff recommends approval of the side yard 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. Neighbor Support Letter
Exhibit G. Property Owners List and Map
July 20, 2020 page 1
1
Chapter 82 - SUBDIVISION REGULATIONS[1] 2
State Law reference— Subdivision regulations, Minn. Stat. § 462.358. 3
ARTICLE I. - IN GENERAL 4
Sec. 82-1. - Rules. 5
(a) For the purpose of this chapter, certain numbers, abbreviations, terms and words used shall be used, 6
interpreted, and defined as set forth in this article. 7
(b) The word "used" or "occupied" as applied to any land or building shall be construed to include the 8
words "intended, arranged, or designed to be used or occupied." 9
Sec. 82-2. - Definitions. 10
The following words, terms and phrases, when used in this article, shall have the meanings ascribed 11
to them in this section, except where the context clearly indicates a different meaning: 12
Applicant means any subdivider or their agent. 13
Block means a tract of land bounded by streets, or by a combination of streets and public parks, 14
cemeteries, rights-of-way, exterior boundaries of the subdivision, shorelines of waterways, outlots or 15
boundary lines of municipalities. 16
Bond means any form of security, including surety bond, warranty bond, penalty bond, collateral, 17
property, or instrument of credit acceptable to the city. 18
Building means any structure having a roof which may provide shelter or enclosure of persons, 19
animals or chattel; and when the structure is divided by party walls without opening, each portion 20
of such building so separated shall be deemed a separate building. 21
Building site line means a line on the preliminary plat which delineates the dry buildable land of any 22
lot upon which a structure may be constructed, which land meets all of the setback requirements of 23
chapter 78. 24
Capital improvement program means an itemized program setting forth the schedule and details of 25
specific contemplated public improvements by fiscal year, including public improvements in or related to 26
air space and subsurface areas necessary for mined underground development pursuant to Minn. Stats. §§ 27
469.135—469.141, together with their estimated cost, the justification for each improvement, the impact 28
that such improvements will have on the current operating expense of the city, and such other information 29
on capital improvements as may be pertinent. 30
State Law reference— Similar provisions, Minn. Stat. § 462.352, subd. 9. 31
Community facilities plan means a compilation of policy statements, goals, standards, maps and 32
action programs for guiding the future development of the public or semipublic facilities of the city, such 33
as recreational, educational and cultural facilities. 34
State Law reference— Similar provisions, Minn. Stat. § 426.352, subd. 8. 35
Community Management Plan means a compilation of policy statements, goals and standards, and 36
maps and recommendations for their execution, prepared and adopted by the city for guiding the physical, 37
social and economic development, both private and public, of the city and its environs and to protect the 38
public health, safety and welfare, and may include but is not limited to statements of policies, goals and 39
standards, a land use plan, a transportation plan, a community facilities plan, a capital improvement 40
program, an official map, a surface water management plan and a comprehensive sewer plan. The 41
Community Management Plan is the City of Orono’s Comprehensive Municipal Plan. 42
July 20, 2020 page 2
State Law reference— Similar provisions, Minn. Stat. § 462.352, subd. 5. 43
Comprehensive sewer plan means a compilation of policy statements, goals, standards, maps and 44
action programs for the preservation and best use of waters and other natural resources of the city, for the 45
prevention, control and abatement of water pollution in the city, and for the efficient and economic 46
collection, treatment and disposal of sewage in the city. 47
Construction plan means the maps or drawings, accompanying a subdivision, showing the specific 48
location and design of required public or private improvements to be installed as part of the subdivision in 49
accordance with the requirements of the city or this chapter as a condition of the approval of the 50
subdivision. 51
Cul-de-sac means a local street with only one outlet and having an circular turnaround for the safe 52
and convenient reversal of traffic movement. 53
Density means the number of building sites per acre. 54
Design standards means the specifications to the subdivider for preparation of preliminary and final 55
plats, including but not limited to the optimum, minimum or maximum dimensions of such items as 56
rights-of-way, blocks, easements and lots, public and private improvements. 57
Dry buildable land means that portion of the lot not encumbered by the waters of a duly 58
recorded lake or river, Wetlands, Bluffs, or slopes greater than 18 percent. 59
Easement means authorization by a property owner for the use by another, and for a specified 60
purpose, of any designated part of their property. 61
Escrow means a deposit of cash with the city. 62
Grade means the slope of a road, street or other public way, site or topography specified in 63
percentage terms. 64
Improvements means any building, structure, drainage ditch, dam, roadway, parkway, sidewalk, 65
pedestrian way, trees, shrubs, lawn, off-street parking area, sewer and water utilities, or other facility. 66
Improvements, lot, means any improvement on the lot. 67
Improvements, private, means any improvement required by this chapter, which improvement the 68
city or subdivider shall construct at the subdivider's expense and for which the city will not assume any 69
responsibility for its maintenance and operation and which shall not be dedicated to the city. 70
Improvements, public, means any improvement required by this chapter, which improvement the city 71
or subdivider shall construct at the subdivider's expense and for which the city will ultimately assume the 72
responsibility for its maintenance and operation upon issuance of the certificate of satisfactory 73
completion. 74
Land use plan is a chapter of the Community Management Plan and means a combination of policy 75
statements, goals, standards, maps and action programs for guiding the future development of private and 76
public property. The term includes a plan designating types of uses for the entire city as well as a 77
specialized plan showing specific areas or specific types of land uses, such as residential, commercial, 78
industrial, public or semipublic uses or any combination of such uses. A land use plan may also include 79
the proposed densities for development. 80
State Law reference— Similar provisions, Minn. Stat. § 462.352, subd. 6. 81
July 20, 2020 page 3
Lot means a tract, plot or portion of a subdivision or other parcel of land intended as a unit for the 82
purpose, whether immediate or future, of transfer of ownership or for building development. Every 83
platted lot shall be a Buildable Lot or an outlot. 84
Lot area means the area of a lot in a horizontal plane bounded by the lot lines, but not including 85
any area occupied by the waters of a duly recorded lake or river or wetland or area which has been 86
dedicated as public right-of-way. 87
Lot, back, means a lot typically separated from a public or private road by another lot and which 88
gains access to the public or private road via a narrow corridor. Such a separated lot is considered to be a 89
back lot when the corridor is platted as an outlot. A separated lot is considered to be a flag lot when the 90
corridor is platted as part of the lot. When the corridor is merely an easement over another lot, the 91
separated lot is considered to be an easement back lot. 92
Lot, buildable, means a lot or combination of lots or outlots which meet all of the requirements of 93
chapter 78 and this chapter for the intended purpose. 94
Lot, corner, means a lot situated at the junction of, and abutting on, two or more intersecting 95
streets, or a lot at the point of deflection in alignment of a continuous street, the interior angle of which 96
does not exceed 135 degrees 97
Lot, front, means a lot abutting a public or private road across which an outlot has been platted for 98
access to a back lot. 99
Lot, outlot, means a lot depicted on a final plat which intended for open space preservation, access, 100
future development or other use. . 101
Lot width means the horizontal distance between side lot lines measured at the following locations: 102
(1) For lots which do not abut a lake or tributary, at the rear of the required front yard, measured 103
parallel to the front lot line. 104
(2) For lots which abut a lake or tributary, at the shoreline measured in a straight line between the 105
points at which the side lot lines intersect the OHWL, and at the required structure setback from 106
the OHWL, measured in a straight line between the points of intersection of the side lot lines with 107
the structure setback line. 108
Natural feature means any naturally occurring physical phenomenon, including lakes, streams, 109
flowage areas, marshland, wetlands, floodplains, slopes, unusual soil pockets, and rock outcroppings. 110
Nonresidential subdivision means a subdivision for which the intended use is other than residential, 111
such as commercial or industrial. 112
Official controls and controls mean all provisions of this Code, ordinances and regulations which 113
control the physical development of a city, county or town or any part or any detail, and implement the 114
general objectives of the comprehensive plan. Official controls may include ordinances establishing 115
zoning and subdivision controls, site plan regulations, sanitary codes, building codes and official maps. 116
State Law reference— Similar provisions, Minn. Stat. § 462.352, subd. 15. 117
Official map means a map adopted in accordance with Minn. Stat. § 462.359 which may show 118
existing and proposed future streets, roads and highways of the city and county; the area needed for 119
widening of existing streets, roads and highways of the city and county; and existing and future county 120
State aid highways and State trunk highway rights-of-way. An official map may also show the location of 121
existing and future public land and facilities within the city. In counties in the metropolitan area as 122
defined in Minn. Stat. § 473.121, official maps may for a period of up to five years designate the 123
July 20, 2020 page 4
boundaries of areas reserved for purposes of soil conservation, water supply construction, flood control 124
and surface water drainage and removal, including appropriate regulations protecting such areas against 125
encroachment by buildings, other physical structures or facilities. 126
State Law reference— Similar provisions, Minn. Stat. § 462.352, subd. 10. 127
Off-site premises means any premises not located within the area of the property to be subdivided, 128
whether or not in the same ownership of the subdivider. 129
On-site septic manager means the person designated to administer and enforce chapter 58, article II. 130
Outlot means the same as Lot, outlot. 131
Owner means any person, partnership, corporation or any other legal entity having legal title to or 132
sufficient proprietary interest in land sought to be subdivided under this chapter. 133
Park commission means a body appointed by the council to study and consider the continuing needs 134
of the city for parks and recreation areas. The commission shall report direct to the council, may hold 135
joint meetings with the council, and may hold public hearings to determine public sentiment and make 136
recommendations to the council. 137
Park fund means a special fund established by the city to retain monies contributed by a subdivider 138
in lieu of land in accordance with provisions of this chapter. 139
Plat means the map or plan of a subdivision showing the property boundaries, layout, dimensions 140
and legal descriptions of all lots, blocks and rights-of-way. 141
Plat, final, means the plat of the subdivision which includes all information required by statute and 142
this chapter, which plat will be recorded with the office of the county recorder. 143
Plat, preliminary, means the proposed plat showing all information required by this chapter. 144
Platting authority means the city council pursuant to Minn. Stat. § 462.358. 145
Property line means the boundary lines enclosing a lot, parcel or tract of land. Regardless of the legal 146
description, the property line to be used for purposes of compliance with chapter 78 and this chapter shall 147
be the ordinary high water mark of any lakeshore, the edge of the right-of-way, the edge of any public or 148
private roadway, or the edge of an adjacent lot or outlot. 149
Public hearing means a hearing to be held by the planning commission to allow for public review 150
and input relating to the proposed subdivision pursuant to Minn. Stat. § 462.358 and section 78-48. 151
Registered engineer means an engineer properly licensed and registered in the State. 152
Registered land surveyor means a land surveyor properly licensed and registered in the State. 153
Right-of-way means a strip of land occupied or intended to be occupied by an alley, street, crosswalk, 154
railroad, public or private roadway or easement, electric transmission line, oil or gas pipeline, water main, 155
sanitary or storm sewer main, or for another special use. 156
Roadway means any street, highway, road, lane, way, trail or any other area used for vehicular 157
traffic. 158
Roadways classification means one or more of the following: 159
(1) Principal arterial means a roadway intended to connect urban subregions with one another, 160
connect urban and rural service areas with metro centers, or connect outstate cities. 161
(2) Intermediate arterial means a roadway intended to connect two or more subregions, provide 162
secondary connections outstate and complements principal arterials in high-volume corridors. 163
July 20, 2020 page 5
(3) Minor arterial means a roadway intended to connect adjacent subregions and activity centers 164
within subregions. 165
(4) Collector means a roadway intended to connect neighborhoods within and between subregions. 166
(5) Local means a roadway intended to connect blocks within neighborhoods and specific activities 167
within homogeneous land use areas. 168
(6) Parkway means a roadway intended to provide low-speed and low-volume vehicular or bicycle 169
access to or through recreational areas, parks and lakeshore. 170
(7) Dead end means a roadway with only one vehicular-traffic outlet. 171
(8) Private means a roadway for which the city or other political subdivision shall not be responsible 172
for its maintenance and operation. 173
(9) Public means any roadway for which the city or other political subdivision is or expects to be 174
responsible for its maintenance and operation. 175
Roadway right-of-way width means the distance between property lines measured at right angles to 176
the centerline of the roadway. 177
Setback means the minimum horizontal distance between a structure, system or facility and a natural 178
feature, property line, right-of-way line, ordinary high water level, structure, system or other facility. 179
Sewage treatment system, on-site, means a device or series of interconnected components designed, 180
installed and maintained for the purpose of safely treating and disposing of sewage and domestic waste, 181
whenever such system is not part of a municipal sewerage system. 182
(1) Individual system means a system serving an individual building, typically a single-family 183
residence. 184
(2) Collective system means a system serving two or more buildings, typically including individual 185
septic tanks connected to a common soil treatment and absorption area. 186
(3) Commercial system means a system serving any nonresidential building. 187
Screening means a manmade or natural visual barrier of a type that will form a year-round dense 188
screen. 189
Shade tree means a tree of approved species and size. 190
Shoreline means a line denoting the ordinary high water elevation of any lake, stream or other body 191
of water, which ordinary high water elevation shall be as established by the Minnehaha Creek Watershed 192
District, department of natural resources, or any other agency, whichever elevation is the highest. 193
Single ownership means ownership by the same person, corporation, firm, entity, partnership or 194
unincorporated association; or ownership by different corporations, firms, partnerships, entities or 195
unincorporated associations, in which a stockholder, partner, or associate, or a member of their family 196
owns an interest in each corporation, firm, partnership, entity or unincorporated association. 197
Slope means vertical distance in feet per 100 feet of horizontal distance. 198
State means the State of Minnesota 199
Street means the same as Roadways. 200
Structure means anything which is built, constructed or erected, an edifice or building of any kind, or 201
any piece of work artificially built up or composed of parts joined together in some definite manner, 202
which requires a location on, below or above the ground, land or water, or attached to something having a 203
location on the ground, land or water. 204
July 20, 2020 page 6
Subdivider means any person who: 205
(1) Has an interest in land, who causes it, directly or indirectly to be divided into a subdivision; 206
(2) Directly or indirectly sells, leases or develops, or advertises for sale, lease or development, any 207
interest, lot, parcel, site, unit or plot in a subdivision; 208
(3) Engages directly or through an agent in the business of selling, leasing, developing or offering 209
for sale, lease or development a subdivision or any interest, lot, parcel, site, unit or plot in a 210
subdivision; or 211
(4) Is directly or indirectly controlled by or under direct or indirect common control with any of the 212
foregoing. 213
Subdivider's agent means any person who represents or acts for or on behalf of a subdivider in 214
selling, leasing or developing, or offering to sell, lease or develop, any interest, lot, parcel, unit, site or 215
plot in a subdivision. 216
Subdivision means the separation of an area, parcel or tract of land under single ownership into two 217
or more parcels, tracts, lots or long-term leasehold interests, where the creation of the leasehold interest 218
necessitates the creation of streets, roads or alleys, for residential, commercial, industrial or other use or 219
any combination of such uses, except those separations: 220
(1) In which all the resulting parcels, tracts, lots or interests will be 20 acres or larger in size and 221
500 feet in width for residential uses and five acres or larger in size for commercial and industrial 222
uses. 223
(2) Creating cemetery lots. 224
(3) Resulting from court orders, or the adjustment of a lot line by the relocation of a common 225
boundaryas long as each of the resulting lots meets the requirements of chapter 78. 226
State Law reference— Similar provisions, Minn. Stat. § 462.352, subd. 13. 227
Surface water management plan means a compilation of policy statements, goals, standards, maps 228
and action programs for guiding the future hydrological and hydraulic development of the watersheds and 229
subwatersheds, water storage areas, drainageways, floodways and filtration systems of the city to control 230
surface water runoff, flood hazards, flood damage and general water quality within the city and its 231
environs, including lakes, streams, wetlands, marshes, natural watercourses and storm sewer systems or 232
facilities. 233
Temporary improvement means improvements built and maintained by a subdivider during 234
construction of the subdivision. 235
Tract and subject tract mean the parcel of land comprising all the contiguous land owned or 236
controlled by the subdivider and included in whole or in part in the subdivision. 237
Transportation plan means a compilation of policy statements, goals, standards, maps and action 238
programs for guiding the future development of the various modes of transportation of the city and its 239
environs, such as streets and highways, public transit, railroads, air transportation, trucking and water 240
transportation; and includes a major thoroughfare plan. 241
State Law reference— Similar provisions, Minn. Stat. § 462.352, subd. 7. 242
Wetlands as defined in circular 39, "Wetlands of the United States", 1971 edition, United States 243
Department of the Interior as amended from time to time. 244
July 20, 2020 page 7
Water system, individual, means a water system which may include supply, treatment and 245
distribution which serves only one lot (e.g., private well). 246
Water system, private community, means a water system which may include supply, treatment and 247
distribution facilities, established by a subdivider to serve two or more lots, which system is independent 248
from the public water system. 249
Water system, public, means a water system which may include supply, treatment and distribution 250
facilities owned and maintained by the city. 251
Cross reference— Definitions generally, § 1-2. 252
Sec. 82-3. - Scope. 253
Subdivision and platting of land in the city shall be regulated by this chapter. 254
Sec. 82-4. - Policy. 255
(a) It is the policy of the city to consider the subdivision of land and the subsequent development of 256
subdivided land as subject to the control of the city pursuant to the official Community Management 257
Plan of the city and this chapter for the orderly, planned, efficient and economical development of the 258
city. 259
(b) Land to be subdivided shall be of such character that it can be used safely for building purposes 260
without danger to health or peril from fire, flood or other menace. Land shall not be subdivided until 261
adequate public and private facilities and improvements exist and proper provision has been made for 262
drainage, water, sewerage and capital improvements, such as schools, parks, recreation facilities, 263
transportation facilities and other public improvements. 264
(c) The existing and proposed public and private improvements shall conform to and be properly related 265
to the proposals shown in the Community Management Plan of the city, and it is intended that this 266
chapter shall supplement and facilitate the enforcement of the provisions and standards contained in 267
the official controls and Community Management Plan of the city. 268
Sec. 82-5. - Purposes. 269
This chapter is adopted for the following purposes: 270
(1) To protect and provide for the public health, safety and general welfare of the city and to prevent 271
harm to the public health, safety and general welfare. 272
(2) To guide the future growth and development of the city in accordance with the Community 273
Management Plan. 274
(3) To provide for adequate light, air and privacy; to secure safety from fire, flood and other danger; 275
and to prevent overcrowding of the land and undue congestion of population. 276
(4) To protect the character of the land to be divided as well as the surrounding lands and the social 277
and economic stability of all parts of the city and to encourage the orderly and beneficial 278
development of all parts of the city. 279
(5) To protect and conserve the value of land throughout the city and the value of structures and 280
other improvements upon the land, and to minimize the conflicts among the uses of land. 281
(6) To guide public and private policy and action in order to provide adequate and efficient 282
transportation, water, sewerage, schools, parks, playgrounds, recreation and other public 283
requirements and facilities. 284
July 20, 2020 page 8
(7) To provide the most beneficial relationship between the uses of land and buildings and the 285
circulation of traffic throughout the city, having particular regard to the avoidance of congestion 286
in the streets and highways, and the pedestrian traffic movements appropriate to the various uses 287
of land and buildings, and to provide for the proper location and width of streets and building 288
lines. 289
(8) To establish reasonable standards of design and procedures for subdivisions, in order to further 290
the orderly layout and use of land; and to ensure proper legal descriptions and monumenting of 291
subdivided land. 292
(9) To ensure that public and private facilities are available and will have a sufficient capacity to 293
serve the proposed subdivision. 294
(10) To prevent the pollution of air, streams, ponds, wetlands, Lake Minnetonka and other bodies 295
of water; to provide reasonable access to public waters; to assure the adequacy of drainage 296
facilities; to safeguard the water table; and to encourage the wise use and management of natural 297
resources throughout the city to prevent their misuse, abuse and overuse and in order to preserve 298
the integrity, stability and beauty of the community and the value of the land. 299
Sec. 82-6. - Authority. 300
(a) Pursuant to the powers and jurisdictions vested through Minn. Stat. chs. 412 and 462 and other 301
applicable laws, statutes, ordinances and regulations of the State, the city exercises the power of 302
authority to review, approve and disapprove subdivisions of land within the corporate limits of the 303
city. 304
Sec. 82-7. - Minimum standards. 305
In their interpretation and application, the provisions of this chapter shall be held to be the minimum 306
requirements for the promotion of the public health, safety and general welfare and prevention of harm to 307
the public health, safety and general welfare. 308
Sec. 82-8. - Conflict with public provisions. 309
This chapter is not intended to interfere with, abrogate, or annul any other provision of this Code, 310
rule or regulations, statute, or other provision of law. Where any provision of this chapter imposes 311
restrictions different from those imposed by any other provision of this chapter or any other provision of 312
this Code, rule or regulation, statute or other provision of law, whichever provisions are more restrictive 313
or impose higher standards shall control. 314
Sec. 82-10. - Saving provision. 315
This chapter shall not be construed as abating any action pending under or by virtue of prior existing 316
subdivision regulations, or as discontinuing, abating, modifying or altering any penalty accruing or about 317
to accrue, or as affecting the liability of any person, or as waiving any right of the city under any section 318
or provision existing at the time of adoption of this chapter, or as vacating or annulling any rights 319
obtained by any person, or as waiving any right of the city under any section or provision existing at the 320
time of adoption of this chapter, or as vacating or annulling any rights obtained by any person, by lawful 321
action of the city except as shall be expressly provided for in this chapter. 322
Sec. 82-11. - Amendments of other provisions of this Code and regulations. 323
(a) Whenever the provisions of this chapter refer to the Community Management Plan, official controls, 324
or other provisions of this Code, codes, regulations or laws, it shall be deemed to refer to those official 325
controls, plans, codes, provisions of this Code, and regulations as amended as of that point in time. In 326
the event of an amendment during the application for a subdivision, that subdivision must meet the 327
requirements of the amendment. 328
(b) For the purpose of providing for the public health, safety and general welfare, the city may from time 329
to time amend the provisions imposed by this chapter. 330
July 20, 2020 page 9
Sec. 82-12. - Jurisdiction. 331
This chapter shall apply to all subdivisions of land located within the corporate limits of the city. 332
Sec. 82-13. - Compliance. 333
(a) The subdivision of any lot or any parcel of land for the purpose of sale, transfer or lease by use of 334
metes and bounds description, deed, contract for deed, purchase agreement, registered land survey or 335
easement shall not be permitted except after full compliance with this chapter. 336
b) All subdivisions shall be plated in accordance with the terms and conditions of this Chapter. 337
(b) No building permit or certificate of occupancy shall be issued for any parcel or lot of land which was 338
created by subdivision and not in conformity with the provisions of this chapter, and no excavation of 339
land or construction of any public or private improvements shall take place or be commenced except 340
in conformity with this chapter. 341
(c) No subdivision shall be entitled to be recorded in the county recorder's office or have any validity 342
until the subdivision has been prepared, approved and acknowledged in the manner prescribed by this 343
chapter. The office of the county recorder shall not file or accept for filing any subdivision of land 344
unless it is accompanied by a certified copy of the resolution of the city approving the subdivision. 345
(d) Every person who violates any provision of this chapter when performing an act thereby prohibited 346
or declared unlawful, or fails to act when such failure is thereby prohibited or declared unlawful, and 347
upon conviction thereof, shall be punished as for a misdemeanor except as otherwise stated in specific 348
provisions this chapter. 349
(e) Appropriate actions and proceedings may be taken by law or in equity to prevent any violation of this 350
chapter to prevent unlawful construction, to recover damages, including attorney's fees, to restrain, 351
correct or abate a violation, or to prevent illegal occupancy of a building, structure or premises, and 352
these remedies shall be in addition to the penalties describe above and provided in State statutes. 353
354
State Law reference— Authority to require platting, Minn. Stat. § 462.358, subd. 3a; restrictions on 355
conveyances, Minn. Stat. § 462.358, subd. 4b. 356
357
358
Sec. 82-16. - Conditions. 359
Regulation of the subdivision of land and the attachment of reasonable conditions to the subdivision 360
of land is an exercise of valid police power delegated by the State to this city. The subdivider has the duty 361
of compliance with reasonable conditions laid down by the city for design, dedication, improvement and 362
restrictive use of the land so as to conform to the physical and economical development of the city and the 363
city's Community Management Plan and to the safety and general welfare of the future lot owners in the 364
subdivision and of the community at large. 365
Secs. 82-17—82-45. - Reserved. 366
367
ARTICLE II. - ADMINISTRATION AND ENFORCEMENT[2] 368
369
Cross reference— Administration, ch. 2. 370
Sec. 82-46. - Enforcement. 371
It shall be the duty of the City Administrator or designee to enforce this chapter and to bring to the 372
attention of the city attorney any violations or lack of compliance with this chapter. 373
July 20, 2020 page 10
Sec. 82-47. - Fees for subdivision applications. 374
(a) The fees to be paid for each application for subdivision shall be in the amount prescribed by the 375
current city fee schedule provisions. Fees shall be payable at the time applications are filed with the 376
zoning administrator. There shall be no fee in the case of applications filed in the public interest by the 377
council or by the planning commission. 378
(b) No person shall be issued a permit pursuant to chapter 82 by the city until each applicant shall have 379
paid to the city clerk the fixed and additional costs incurred by the city in reviewing the application as 380
provided in this chapter. 381
(c) Each applicant shall be charged the fixed fee specifically provided in this chapter or other provisions 382
of this Code including the current fee schedule adopted by the city council as required to cover the 383
costs incurred by the city in administratively processing and reviewing the subdivision. 384
(d) Application fees are not refundable unless the application is withdrawn prior to referral to the planning 385
commission. In the case of such timely withdrawal, the amount of refund shall be reduced by the costs 386
incurred by the city prior to withdrawal, including but not limited to staff time, notification publication 387
expenses, and consultant costs. 388
(e) Each applicant shall comply with the provisions of chapter 75, reimbursement of development 389
expenses, escrows. 390
Sec. 82-48. - Variances. 391
(a) Standards. Where the city finds that unusual hardship may result from strict compliance with the 392
provisions of this chapter, other than the procedural provisions, and the purposes of this chapter may 393
be served to a greater extent by an alternative proposal, the city may approve variances to this chapter 394
so that substantial justice may be done and the public interest secured, provided that such a variance 395
shall not have the effect of nullifying the intent and purpose of this chapter; and further provided the 396
city shall not approve variances unless it shall make findings based upon the evidence presented to it 397
in each specific case that: 398
(1) An unusual hardship on the land exists, including but not limited to inadequate access to direct 399
sunlight for solar energy systems; 400
(2) The granting of the variance will not be detrimental to the public safety, health or welfare or 401
injurious to other property; 402
(3) The conditions upon which the request for a variance is based are unique to the property for 403
which the variance is sought and are not applicable generally to other property; 404
(4) Because of the particular physical surroundings, shape or topographical conditions of the specific 405
land involved, an unusual hardship to the land would result, as distinguished from an 406
inconvenience or hardship to the subdivider, and it is found that the strict enforcement of this 407
chapter would result in an environmentally unsound development of the land; 408
(5) The variance will not in any manner vary the provisions of the Community Management Plan; 409
(7) The variances will not in any manner vary the procedural requirements of this chapter. 410
(b) Conditions. In approving the variance, the city may require such conditions as will, in its judgment, 411
secure substantially the objectives of this chapter.. 412
(c) Procedure. An application for any such variance shall be submitted in writing by the subdivider at 413
the time when the preliminary plat is filed. The application shall state fully the grounds and all of the 414
facts to justify the granting of a variance and will be approved or denied at the time the council reviews 415
the preliminary plat. 416
July 20, 2020 page 11
State Law reference— Variances, Minn. Stat. § 462.358, subd. 6. 417
Sec. 82-49. - Issuance of building permits and certificates of occupancy. 418
(a) When public and/or private improvements are required for a subdivision, building permits and 419
certificates of occupancy may be issued only subject to the development contract. 420
(b) In no case will a certificate of occupancy be issued to any building on any lot in the subdivision 421
which lot has access only on a new public or private street until a certificate of satisfactory completion 422
has been issued for that public or private street. 423
State Law reference— Required disclosures by sellers, Minn. Stat. § 462.358, subd. 4a. 424
Sec. 82-51. - Appeals. 425
The zoning board of appeals and adjustments established in section 78-96 shall also serve as the 426
subdivision board of appeals and adjustments. The board has the following powers with respect to the 427
subdivision regulations: 428
(1) To hear and decide appeals where it is alleged that there is an error in any order, requirement, 429
decision or determination made by an administrative officer in the enforcement of chapter 82. An 430
appeal under this section shall be filed no later than ten days following the order, requirement, 431
decision or determination. Appeals to the board of appeals and adjustments may be taken by any 432
affected person upon compliance with any reasonable conditions imposed by the subdivision 433
regulations. Failure to file an appeal within ten days of the decision shall constitute a waiver of 434
the person's right to a hearing. 435
The procedures set forth in Chapter 78, Division 3 apply to determinations of the subdivision board 436
of appeals and adjustments. 437
Secs. 82-52—82-80. - Reserved. 438
439
ARTICLE III. - PLAT APPROVAL PROCESS[3] 440
State Law reference— Plat review procedures, Minn. Stat. § 462.358, subd. 3b. 441
442
DIVISION 1. - GENERALLY 443
444
Sec. 82-81. - Restrictions on development prior to final plat approval. 445
Once a preliminary plat has been submitted to the city, whether a subdivision is occurring or not, no 446
building permits will be issued by the city for the construction of any building, structure or improvement 447
to the land or to any lot in the proposed subdivision until all requirements of this chapter have been fully 448
completed, including the official recording of the final plat, or until the application is formally withdrawn 449
by the subdivider. When specifically authorized by this chapter and specifically approved by the council, 450
permits may be issued for the construction of certain improvements such as roads, utilities and drainage 451
structures. 452
Sec. 82-82. - Coordination of subdivision approval. 453
(a) Intent. It is the intent of this chapter that subdivision review be carried out simultaneously with the 454
review of accessory zoning applications, (variances, zone changes or other similar prerequisites) to the 455
subdivision. . 456
July 20, 2020 page 12
(b) Fees. Whenever a proposed subdivision requires accessory zoning applications, , the subdivider shall 457
file the separate zoning applications and pay all required fees concurrent with the filing of the 458
preliminary plat application. 459
Sec. 82-83. - Official submission dates. 460
(a) The City shall establish and publish submittal deadlines for land use applications annually. 461
Subdivision applications shall be submitted based on this schedule. 462
(b) When a division or subdivision to which the regulations of the city do not apply is presented to the 463
city, the city administrator or designee shall within ten days certify that the subdivision regulations of 464
the city do not apply to the particular division. 465
(c) If the city or the responsible agency of the city fails to preliminarily approve or disapprove an 466
application within the review period, the application shall be deemed preliminarily approved; and upon 467
demand the city shall execute a certificate to that effect. Following preliminary approval, the applicant 468
may request final approval by the city; and upon such request, the city shall certify final approval 469
within 60 days if the applicant has complied with all conditions and requirements of applicable 470
regulations and all conditions and requirements upon which the preliminary approval is expressly 471
conditioned either through performance or the execution of appropriate agreements assuring 472
performance. If the city fails to certify final approval as so required, and if the applicant has complied 473
with all conditions and requirements, the application shall be deemed finally approved; and upon 474
demand the city shall execute a certificate to that effect. After final approval a subdivision may be 475
filed or recorded. 476
State Law reference— Similar provisions, Minn. Stat. § 462.358, subd. 3c. 477
Sec. 82-84. - Initial staff review. 478
Any person proposing subdivision of land within the city shall meet with the City Administrator or 479
designee to review briefly the proposed subdivision and receive advice concerning subdivision 480
requirements, required submittals, fees and schedules. 481
Sec. 82-85. - Sketch plan. 482
(a) Purpose. The sketch plan is an initial presentation of the subdivider's intention and serves as the basis 483
for conceptual discussion between the city and the subdivider and provides beneficial savings for the 484
subdivider. 485
(b) Requirements. A sketch plan review may be completed for all subdivision applications. 486
(c) Sketch plan application. 487
(1) All subdivisions. The planning commission shall review all sketch plans based upon the 488
subdivider's formal application. Incomplete applications will not be reviewed. Complete 489
applications shall include the following: 490
a. Completion of all items on the sketch plan application form; 491
b. A location map; 492
d. A map in a form acceptable to the City Administrator or designee which adequately 493
describes the proposed subdivision in such a way as to show compliance with this chapter; 494
e. Any additional information requested by the City Administrator or designee; and 495
f. Payment of the sketch plan review fee. 496
(d) Sketch plan review and recommendations. 497
July 20, 2020 page 13
(1) Recommendations to the subdivider. After reviewing and discussing the sketch plan, City 498
Administrator or designee will advise in a general manner the subdivider of the changes or 499
additions, if any, which will be required in the layout, and the character and extent of required 500
improvements and dedications which will be required as a prerequisite to the approval of the final 501
plat. 502
(2) The planning commission shall study the sketch plan, taking into consideration the 503
requirements of this chapter and the best use of the land being subdivided. Particular attention 504
will be given to the location, arrangement, shape and size of lots, access, parkland dedication, the 505
further development of adjoining lands as yet unsubdivided, and the requirements of chapter 78 506
and the Community Management Plan. 507
Recommendations to the subdivider. After reviewing and discussing the sketch plan, the planning 508
commission and/or zoning administrator will advise in a general manner the subdivider of the 509
changes or additions, if any, which will be required in the layout, and the character and extent of 510
required improvements and dedications which will be required as a prerequisite to the approval 511
of the preliminary plat. 512
(3) The applicant may request review by the City Council. Upon such request, the Planning 513
Commission’s comments shall be forwarded to the City Council for study and comment. 514
Sec. 82-86. - Vested rights. 515
No vested rights shall accrue to any subdivision by reason of preliminary or final subdivision 516
approval except as stated in this article. For one year following preliminary approval and for two years 517
following final approval, unless the subdivider and the city agree otherwise, no amendment to a 518
comprehensive plan or official control shall apply to or affect the use, development density, lot size, lot 519
layout, or dedication or platting required or permitted by the approved application. Thereafter, pursuant to 520
its regulations, the city may extend the period by agreement with the subdivider and subject to all 521
applicable performance conditions and requirements, or it may require submission of a new application 522
unless substantial physical activity and investment has occurred in reasonable reliance on the approved 523
application, and the subdivider will suffer substantial financial damage as a consequence of a requirement 524
to submit a new application. In connection with a subdivision involving planned and staged development, 525
the city may by resolution or agreement grant the rights referred to in this section for such period of time 526
longer than two years which it determines to be reasonable and appropriate. 527
Secs. 82-87—82-110. - Reserved. 528
529
DIVISION 2. - PRELIMINARY PLAT 530
531
Sec. 82-111. - Purpose and requirements. 532
(a) Purposes. During this stage, the subdivider details their proposal and the city details the subdivision 533
requirements, in the form of a preliminary plat. 534
(b) Requirements. The subdivider is required to furnish detailed surveying, engineering and legal 535
information sufficient to ensure compliance with the city's Community Management Plan and chapter 536
78, and other local, State, federal, watershed or conservation district regulations. A preliminary plat 537
review shall be completed for each subdivision proposed prior to the city's accepting any final plat 538
application. 539
Sec. 82-112. - Plat application. 540
(a) Plat. All preliminary plat applications shall provide the following to be deemed complete: 541
(1) Completion of all items required by the City; 542
(2) Provision of the utilities map, if applicable; 543
July 20, 2020 page 14
(3) A soil survey and report (to be requested by the city if the City Administrator or designee feels 544
such information is necessary for the subdivision review); 545
(4) A soil erosion and sedimentation control plan; 546
(5) A vegetation preservation and protection plan; 547
(6) Any additional information requested by the City Administrator or designee or planning 548
commission; 549
a. Proposed protective covenants; 550
b. Statement of the proposed use of lots stating type of residential buildings with number of 551
proposed dwelling units and type of business or industry, so as to reveal the effect of the 552
development on traffic, fire hazards and congestions of population; or 553
554
(8) Payment of the preliminary plat review fee; and 555
Certification does not mean all information is correct, just that apparently all issues identified in the plat 556
have been addressed by the subdivider. 557
558
(b) Application deadlines. The subdivider shall file a complete preliminary plat application with the City 559
Administrator or designee at the deadline established by the city annually. 560
Sec. 82-113. - Staff and agency review of the preliminary plat. 561
(a) General coordination. On behalf of the city, the City Administrator or designee shall coordinate the 562
review of preliminary plats by all appropriate city staff persons and governmental agencies. The 563
subdivider is responsible for filing all applications and obtaining all appropriate approvals from other 564
agencies and to keep the City Administrator or designee fully informed of the status of the review by 565
the appropriate agency. The subdivider shall submit to the city copies of all applications filed with 566
other governmental agencies. 567
(b) Referral to planning commission. Upon receipt of a complete preliminary plat application, the City 568
Administrator or designee shall place the application on the agenda of the regularly scheduled planning 569
commission meeting for which the public hearing has been scheduled. The planning commission shall 570
then begin reviewing the proposal. 571
(c) Public hearing meeting notice. Notice of the hearing shall be consistent with public hearing 572
requirements in the zoning ordinance, section 78-48. 573
(e) Referral to park commission. Where the proposed plat includes provisions for the dedication of land 574
for public park purposes, trails or jointly used recreational facilities, the City Administrator or designee 575
shall refer the application to the park commission, which shall review the proposal and provide 576
recommendations to the City Council. 577
Sec. 82-114. - Planning commission review of the preliminary plat. 578
(a) Generally. The planning commission shall study and review all preliminary plat applications. 579
Particular attention will be given to the location, arrangement and size of lots and blocks; the location, 580
width, length and continuity of streets; the topography and ecology of the land; sewage disposal; 581
traffic; drainage; public services; the further development of adjoining lands as yet unsubdivided; the 582
requirements of chapter 78 and Community Management Plan; and the recommendations of the city 583
staff and other governmental agencies. 584
(b) Planning commission public hearing. At the advertised time and place, the planning commission shall 585
hold a public hearing as required by Minn. Stat. § 462.358. The recommendations of city staff and 586
July 20, 2020 page 15
governmental agencies shall be entered in the record. At the discretion of the planning commission, 587
the public hearing may be closed or may be held open for additional information. 588
(c) Planning commission recommendations. After the planning commission has reviewed the preliminary 589
plat and the testimony and exhibits submitted at the public hearing, including citizen comments and 590
the recommendations of the city staff and other governmental agencies, the subdivider shall be advised 591
of any required changes and/or additions. The planning commission shall recommend approval, 592
conditionally approve or deny the preliminary plat. If the planning commission fails to act within the 593
100-day period, the City Administrator or designee shall refer the application to the council for action 594
within 120 days of the date of certification. 595
Sec. 82-115. - Council review of the preliminary plat. 596
(a) Required. The council shall review all preliminary plat applications. Particular attention will be given 597
to the record developed by the planning commission’s study of the proposal and to the 598
recommendations of the planning commission and the city staff. 599
(b) Council action. The council should approve, conditionally approve or disapprove the preliminary plat 600
within 120 days following the date of certification by the City Administrator or designee of the 601
completed application unless an extension of the review period has been agreed to by the subdivider 602
in writing. 603
(c) Recommendations to the subdivider. The action of the council shall be in the form of a resolution 604
setting forth the conditions of approval, including any changes, additions and/or other requirements to 605
be met by the subdivider prior to final plat approval. In addition to the specific conditions stated, the 606
subdivider must fulfill all other requirements and performance standards of this Code. 607
(d) Failure to act by the city. If the city or the responsible agency of the city fails to preliminarily approve 608
or disapprove an application within the review period, the application shall be deemed preliminarily 609
approved; and upon demand the city shall execute a certificate to that effect. Following preliminary 610
approval the applicant may request final approval by the city, and upon such request the city shall 611
certify final approval within 60 days if the applicant has complied with all conditions and requirements 612
of applicable regulations and all conditions and requirements upon which the preliminary approval is 613
expressly conditioned either through performance or the execution of appropriate agreements assuring 614
performance. If the city fails to certify final approval as so required, and if the applicant has complied 615
with all conditions and requirements, the application shall be deemed finally approved; and upon 616
demand the city shall execute a certificate to that effect. After final approval, a plat may be filed or 617
recorded. 618
(c) Grading of site prior to final approval. Subsequent to preliminary plat approval by the council, the 619
subdivider may apply for a land alteration permit from the city and upon receipt of such permit may 620
commence construction to the grades and elevations required by plans approved by the city. 621
Sec. 82-117. - Effective period of preliminary plat review. 622
Council resolution concerning any preliminary plat shall remain effective for one year. Failure to file 623
a complete final plat application within this time period shall be construed as formal withdrawal of the 624
proposed plat. 625
Secs. 82-118—82-140. - Reserved. 626
627
DIVISION 3. - FINAL PLATS 628
629
Sec. 82-141. - Generally. 630
(a) Purpose. Final plat review is the final stage of the plat review process. The legal documents, including 631
plat drawings, are reviewed for completeness and conformity with the intent and requirements of the 632
preliminary plat approval. 633
July 20, 2020 page 16
(b) Requirements. The applicant is required to furnish completed surveying, engineering, and legal 634
documents suitable for recording in the county recorder's office, incorporating all the information 635
and/or changes required as part of the preliminary plat review and resolution of preliminary plat 636
approval. All documents and requirements shall be completed by the subdivider, reviewed by the city 637
staff and the council, and approved by the council prior to the mayor's and city clerk's certifying 638
approval of the final plat. 639
(c) Prerequisite. A preliminary plat of substantially the same proposal shall have been approved by the 640
council within one year of the filing of any final plat application. The City Administrator or designee 641
shall review each final plat application to ensure substantial conformity to the requirements and 642
representations on the preliminary plat. 643
(d) Substantial change from preliminary plat. The council may refuse to approve any final plat 644
application which is substantially different from the approved preliminary plat, or which discloses 645
possible misrepresentations on the preliminary plat. In the case of such denial council may require the 646
applicant to resubmit the proposal for planning commission reconsideration, and may require the 647
applicant to submit or resubmit any and all documents or information required for preliminary plat 648
review. Planning commission reconsideration may include a new public hearing. The applicant shall 649
pay applicable preliminary plat review fees. 650
Sec. 82-142. - Final plat application. 651
(a) All plats. Complete final plat applications shall include one or all of the following to be determined 652
by the zoning administrator: 653
(1) Completion of all items required by city staff . 654
(2) All information submitted for the preliminary plat review shall be in the record and shall be 655
considered submitted for final plat review purposes. 656
(3) One original and two copies signed by the grantor, of any required drainage, utility, road, access, 657
open space, conservation or other easement in the standard form as provided by the city. Any 658
other form or changes to the standard form must be approved by the city attorney prior to filing 659
the final plat application. 660
(4) One original and two copies, signed by the grantor, of any quitclaim deed or warranty deed 661
dedicating required land to the city or other governmental jurisdiction. 662
(5) One original and two copies of any private covenant, homeowners' association agreement or 663
other private restriction intended to be filed in the chain of title of the property at the time the 664
final plat is recorded. 665
(6) A developer's contract, including the complete construction plans, specifications and 666
performance security, shall be submitted by the subdivider for all required public or private 667
improvements which are to be installed and/or completed after final plat approval. 668
(7) A certificate of satisfactory completion signed by the city engineer shall be submitted by the 669
subdivider for all required public and private improvements which have been or were required to 670
be completed prior to final plat approval. 671
(8) Any additional information requested by the City Administrator or designee or the council. 672
(9) Payment of applicable fees and payments identified in the development agreement, or preliminary 673
plat resolution. 674
(10) Confirmation that all county taxes are paid. 675
676
(11) Title commitment or acceptable evidence of title, dated no later than 45 days of the anticipated 677
recording date. 678
July 20, 2020 page 17
679
(12) The final plat. Record plat drawings shall be prepared by a registered land surveyor in 680
accordance with applicable statute and county regulations and shall be submitted in the form of 681
at least two plastic film reproducible copies, three copies for Torrens property. Original signatures 682
and certifications shall be provided on the mounted and reproducible copies for the owners, those 683
possessing any other property interest, the professional engineer (if applicable), and the registered 684
surveyor. Spaces for certification by the city (signature lines for the mayor and clerk) shall be 685
provided. 686
(13) One copy of the final plat reduced to a scale of one inch equals 200 feet. 687
(d) Application deadlines. The subdivider shall file a complete final plat application with the City 688
Administrator or designee within one year of preliminary plat approval. 689
Sec. 82-143. - Staff review of the final plat. 690
691
(a) Coordination. The City Administrator or designee shall coordinate the review of final plat 692
applications. 693
(b) Referral to city staff. 694
(1) The City Administrator or designee shall refer the application to all appropriate city staff 695
personnel for review and certification. 696
(2) The City Administrator or designee shall review the final plat application for conformity with 697
chapter 78 and this chapter and with the conditions and requirements of the preliminary plat 698
approval, and shall certify their status to the council. 699
(3) The city attorney shall review the record plat drawing, metes and bounds descriptions, 700
easements, deeds, covenants, agreements and other documents for proper legal form, proper 701
representation and complete execution by all required parties, all to uphold the interests of the 702
city, and shall certify the approval to the council. 703
(4) The city engineer shall: 704
a. Review the record plat drawing, metes and bounds description, easements, deeds, agreements 705
and other documents for proper and complete legal property descriptions; 706
b. Review and approve all construction plans; 707
c. Approve all construction estimates for work required to be completed after final plat 708
approval; 709
d. Issue, when completed, certificates of satisfactory completion for all work required to be 710
completed prior to final plat approval; and 711
e. Certify the approval and/or status of the above to the council. 712
(5) The city finance director shall review all final plat applications as to tax status of the property; 713
the original, outstanding and proposed special assessment amounts levied; and the payment and 714
status of all fees or charges imposed on the property; shall prepare all special assessment 715
reapportionments; and shall certify the above to the council. 716
(6) Additional comments by other city staff personnel shall be submitted in writing to the City 717
Administrator or designee for inclusion in the record. 718
(c) Requirements of other agencies. The subdivider shall submit to the city all written confirmation of 719
official action taken by governmental agencies or jurisdictions subsequent to the approval of the 720
July 20, 2020 page 18
preliminary plat. Such confirmation, including all necessary permits or authorizations, shall be 721
submitted at the meeting at which the council will act on the final plat. 722
(d) Final plat resolution. After review and certification of the final plat application, the City 723
Administrator or designee, shall prepare a resolution of final plat approval or denial to be presented to 724
the council. 725
726
Sec. 82-145. - Council review of the final plat. 727
(a) Powers. The council is the platting authority pursuant to Minn. Stat. § 462.358, shall modify, approve 728
or deny all final plat applications. 729
730
Sec. 82-146. - Effective period of final plat approval. 731
(a) The intent of the plat approval process is that final approval will be granted only upon satisfactory 732
completion of all requirements by the subdivider, in which case plat certification and recording will 733
follow without delay. The Final Plat shall be recorded within 1 year of approval date. 734
(b) Failure of the subdivider to complete any or all requirements within this time period shall constitute 735
a formal withdrawal of the proposed plat. 736
Secs. 82-147—82-170. - Reserved. 737
738
DIVISION 4. - SUBDIVISION CERTIFICATION AND RECORDING 739
Sec. 82-172. - Documents. 740
(a) Required. The documents provided by the subdivider for final plat certification shall be the same 741
documents certified by the city staff unless changes, alterations or additions are required by the 742
resolution of final plat approval, in which case corrected documents shall be supplied by the 743
subdivider. 744
(b) Documents to be certified by the city. The following documents shall be certified by the city: 745
(1) Two plastic film reproducible copies (in the case of Torrens property, three copies) of the plat. 746
(2) Resolution of final plat approval; one copy provided by the city. 747
(c) Additional documents. The following additional documents shall be recorded with the plat: 748
(1) One original signed by the grantor of any required drainage, utility, road, access, open space, 749
conservation or other easement in the standard form as provided by the city. 750
(2) One original signed by the grantor of any quitclaim deed or warranty deed dedicating required 751
land to the city or other governmental jurisdiction. 752
(3) One original copy of any private covenant, homeowners' association agreement or other private 753
restriction intended to be filed in the chain of title of the property at the time the final plat or 754
survey is recorded. 755
(4) One original copy of any required development contract in the standard form as provided by 756
the city. 757
758
Sec. 82-173. - Staff certification. 759
The City Administrator, zoning administrator, city attorney, city engineer and city finance director or 760
their designees shall each review the final legal documents and status of each plat proposal. Whenever the 761
resolution of final plat approval requires changes, alterations or additions prior to final plat certification, 762
upon receipt of all corrected documents, the City Administrator or designee shall refer the revised 763
documents to the affected staff for their review and recertification. 764
July 20, 2020 page 19
Sec. 82-174. - Official plat certification. 765
Upon receipt of the final staff certifications, the city clerk shall determine that there has been final 766
staff approval and shall thereafter present the final plat drawings and resolution of final plat or survey 767
approval for the endorsement of the signature of the mayor, or the acting mayor presiding in the absence 768
of the mayor. Upon endorsement of the mayor, the city clerk shall attest to the mayor's signature and the 769
final city approval of the plat by signature and affixing the seal of the city on the resolution of final plat 770
approval. 771
Sec. 82-176. - Final acceptance of improvements. 772
Final acceptance of all improvements and release of Security shall be as and when set forth in the 773
development contract and section 82-171. Final acceptance of all public improvements for which the city 774
will thereafter be responsible shall be by separate motion of the city. The approval and certification by the 775
city of a plat and/or the acceptance and recording of any easement or deed shall not be deemed to 776
constitute or imply acceptance by the city of any street, road, easement or parts shown on the plat or 777
identified by easement or deed. 778
Secs. 82-178—82-199. - Reserved. 779
780
DIVISION 5. - EXCEPTION 781
782
Sec. 82-200. - Exception. 783
(a) Upon request, the City Administrator or designee shall, within ten days, certify that the following are 784
excepted from chapter 82 of the City Code: 785
(1) A division of property where all the resulting parcels, tracts, lots or interests will be 20 acres or 786
larger in size and 500 feet in width for residential uses and five acres or larger in size for 787
commercial and industrial uses, or 788
(2) Will create cemetery lots, or 789
(3) Is court ordered, or 790
(4) Is an adjustment of a lot line by the relocation of a common boundary and no new non-791
conformities are created or an existing non-conformity is increased. 792
(b) Procedure for exempted subdivisions. The owners of such lots to be certified shall file with the City 793
Administrator or designee a certificate of survey of the lots to be divided, and pay the required fee. 794
Such certificate of survey shall show the dimensions of the lots, as measured upon the recorded plan, 795
the area of the lots, all corner elevations, all existing structures, including dimensions to existing and 796
proposed property lines, all visible encroachments, all easements of record, and their proposed 797
division. A written description of the separately described tracts which will result from the proposed 798
division shall be included on the survey. If the proposed certification complies with all of the 799
requirements of this section, it will be approved by the City Administrator or Designee and forwarded 800
to the county for filing. 801
(c) Limitations. The City Administrator or designee shall not certify an adjustment of the lot line 802
involving the same lot or parcel more than once every 365 days. The adjustment may be platted. 803
804
Secs. 82-201—82-210. - Reserved. 805
ARTICLE IV. - DESIGN STANDARDS AND REQUIRED IMPROVEMENTS[4] 806
State Law reference— Authority to require improvements, Minn. Stat. § 462.358, subd. 1a, 2a. 807
DIVISION 1. - GENERALLY 808
809
Sec. 82-212. - Special requirements for subdivisions involving public or private improvements. 810
July 20, 2020 page 20
The following provisions apply to subdivisions: 811
(1) Improvements. All public and/or private improvements required by the city to be completed by 812
the subdivider after final plat approval shall be fully set forth in a development contract to be 813
executed prior to final plat approval. All local streets in plats where sewer and water are not 814
available shall be private unless otherwise approved by the city at preliminary plat approval. The 815
city reserves the right to determine whether a road is to be public or private in all areas of the city. 816
All improvements shall meet or exceed the minimum standards as illustrated on the Orono 817
Standard Construction Details, as amended and adopted by the Orono City Council from time to 818
time. 819
(2) Public roads. Public streets and roads will be required to be platted, constructed and dedicated 820
to the city when required by the council consistent with the recommendations of the planning 821
commission and the city staff and the established city practices and design standards. Public roads 822
shall be subject to the conditions of a development contract to be executed prior to final plat 823
approval. 824
(3) Private roads. When the preliminary plat has been approved on the basis of a private access road 825
providing the only access to three or more lots, the private road shall be identified on the final 826
plat as a separate outlot. The private road shall be identified by name if the road serves four or 827
more lots. Whenever a private road outlot is proposed, the subdivider shall be required to provide 828
for a permanent homeowners' association or road maintenance agreement acceptable to the city 829
in order to ensure ownership and maintenance of the road outlot. 830
(4) Road and utilities easements. The council may require the subdivider to convey to the city certain 831
road and utility easements permitting public ingress, egress and access over private roads as a 832
condition of final plat approval. 833
a. Whenever a private access road is authorized, the required outlot shall be included on and 834
conveyed in a road and utilities easement in the standard city form. 835
b. Whenever areas of the plat are to be set aside for public or private utility construction and 836
use, such areas shall be described and dedicated for public use on the plat. This shall include 837
areas shown on record plat drawings as drainage and utilities easements. 838
c. Whenever a road and utilities easement is required, the easement shall be fully executed prior 839
to final plat approval, using the legal descriptions of the final plat, and shall thereafter be 840
filed in the chain of title of the property concurrent with the filing of the final plat. 841
(5) Flowage and conservation easements. The council may require the subdivider to convey to the 842
city a flowage and conservation easement restricting the use, improvement and development of 843
certain portions of the land to be subdivided. Flowage and conservation easements will be made 844
a condition of final plat approval as follows: 845
a. Whenever any open water, creek, stream or natural drainageway occurs in any portion of the 846
subject tract, the floodplain or floodway of the lake, pond, stream, creek or drainageway 847
shall be described as a drainage easement subject to a flowage and conservation easement to 848
the city. 849
b. Whenever any wetlands, marshlands or lowland acting as a stormwater retention area occurs 850
within any portion of the subject tract, that area shall be described consistent with established 851
flood or water retention elevations, soil type characteristics and vegetation characteristics as 852
a drainage easement subject to a flowage and conservation easement to the city. 853
c. Flowage and conservation easements may be described and conveyed by metes and bounds 854
with the ownership and maintenance responsibilities remaining with the individual parcels. 855
July 20, 2020 page 21
d. Whenever a flowage and conservation easement is required, the easement shall be fully 856
executed prior to final plat approval, using the legal descriptions of the final plat, and shall 857
thereafter be filed in the chain of title of the property concurrent with the filing of the final 858
plat. 859
(6) Homeowners' association agreements. The council may require the subdivider to create a viable 860
homeowners' association, acceptable to the city, which will be responsible for the ownership and 861
maintenance of, among other things, common facilities, private roads, private sewer and water 862
lines, open space, pathways, drainageways, and drainage ponds, and any improvements which are 863
not to be accepted by the city for public ownership and maintenance. 864
(7) Development contracts. The council may require the subdivider to execute a development 865
contract prior to final plat approval. The development contract shall set forth in the standard city 866
form those improvements required to be completed as a condition of plat approval, the party 867
responsible for the installation and maintenance of the improvements, and the method of payment 868
of the installation and maintenance costs. 869
Sec. 82-213. - Assurance for completion and maintenance of required public or private 870
improvements— 871
The following provisions apply to subdivisions: 872
(1) Completion of required public or private improvements. Before the mayor and city clerk sign a 873
final plat, the subdivider shall complete or agree to complete at their cost all of the required public 874
or private improvements as required in this chapter and as specified in the resolution approving 875
the final plat and in the development contract, and in the case of public improvements, to dedicate 876
them to the city, free and clear of all liens and encumbrances on the property and public 877
improvements thus dedicated. 878
(2) Performance Security 879
a. The city may require the developer furnish security, in the amount of 125% of the cost of the 880
improvements, to guarantee their completion. . 881
b. Such performance security shall comply with all statutory requirements and be satisfactory 882
to the city attorney as to form and manner of execution. The period within which the required 883
public and private improvements must be completed shall be specified by the city in the 884
resolution approving the final plat or in the development contract and shall not exceed two 885
years from date of final plat approval. 886
(3) Temporary improvement. The subdivider shall build and pay for all costs of temporary 887
improvements required by the city and shall maintain them for the period specified by the city. 888
Prior to construction of any temporary facility or improvement, the subdivider shall file with the 889
city a separate suitable performance security for temporary facilities, which securityshall ensure 890
that the temporary facilities will be properly constructed, maintained and removed. 891
(4) Cost of improvements. All required public and private improvements shall be made by the 892
subdivider, at their expense, without reimbursement by the city. 893
(5) Governmental units. Governmental units to which these security and contract provisions apply 894
may file in lieu of a contract or bond a certified resolution or ordinance of that governmental unit's 895
agreeing to comply with the provisions of this chapter. 896
(6) Failure to complete required improvements. For plats for which no performance security has 897
been posted, if the improvements are not completed within the period specified by the city in the 898
resolution approving the final plat, the approval shall be deemed to have expired. In those cases 899
where a performance security has been posted and required improvements have not been installed 900
within the term of such performance security and resolution approving the final plat, the city may 901
July 20, 2020 page 22
thereupon declare the security in default and require that all improvements be installed regardless 902
of the extent of the building development at the time the security is declared to be in default. 903
Moreover, the city may withhold building permits and certificates of occupancy for lots in the 904
plat until the required improvements have been installed. If the city undertakes the installation of 905
the required private improvements, the city, by doing so, will not undertake the subsequent 906
maintenance of those private improvements. 907
Sec. 82-214. - Inspection of required public and private improvements. 908
(a) General procedure and fees. The city may inspect required public and private improvements during 909
construction. The applicant shall pay to the city an inspection fee based on the city engineers estimate 910
enumerated in the Development Contract. If the city finds upon inspection that any of the required 911
improvements have not been constructed in accordance with the city's construction standards and 912
specifications, the subdivider shall be responsible for completing the improvements; and no building 913
permits or certificates of occupancy shall be issued until the required improvements have been 914
completed by the subdivider. 915
(b) Release or reduction of performance security. 916
(1) Certificate of satisfactory completion. The city will not accept dedication of required 917
improvements, nor release nor reduce security, until the city engineer has submitted a certificate 918
stating that all required improvements have been satisfactorily completed and until the 919
subdivider's engineer or surveyor has certified to the city engineer, through submission of a 920
detailed as-built construction drawing and survey plat of the subdivision, indicating location, 921
dimensions, materials and other information required by the city, that the layout of the line and 922
grade of all required improvements is in accordance with construction plans for the subdivision. 923
The city may require that a title insurance policy be furnished to and approved by the city attorney, 924
indicating that the required public improvements are free and clear of any and all liens and 925
encumbrances. Upon such approval and recommendations, the city may thereafter accept the 926
public improvements for dedication in accordance with the established procedure. 927
(2) Reduction of security. Security may be reduced upon actual dedication of public improvements 928
or upon satisfactory completion of the private improvement and then only to the ratio that the 929
improvement bears to the total required improvements for the plat. In no event shall security be 930
reduced below 10 percent of the principal amount until satisfactory completion of all required 931
improvements. 932
Sec. 82-215. - Maintenance of required public and private improvements. 933
(a) The subdivider shall be required to maintain all private improvements and provide for snow removal 934
on streets and sidewalks until acceptance of such private improvements by a subsequent lot owner or 935
homeowners' association. The subdivider shall be required to maintain all public improvements and 936
provide for snow removal on streets and sidewalks until acceptance of such public improvements by 937
resolution of the city. 938
(b) The subdivider shall be required to file a warranty Bond with the city, prior to the issuance of the 939
certificate of satisfactory completion, in an amount considered adequate by the city engineer and in a 940
form satisfactory to the city attorney in order to ensure the satisfactory condition of the required public 941
and/or private improvements, on the individual subdivided lots for a period of one year after the date 942
of the issuance of the certificate of satisfactory completion. 943
Sec. 82-216. - Deferral of required public or private improvements. 944
(a) The city may defer at the time of the approval of the final plat, subject to appropriate conditions, the 945
installation of any or all such public or private improvements as, in its judgment, are not requisite in 946
the interest of the public health, safety and general welfare, or which are inappropriate because of the 947
inadequacy or lack of connecting public or private improvements. 948
July 20, 2020 page 23
(b) Whenever it is deemed necessary by the city to defer the construction of any public or private 949
improvements required in this section because of incompatible grades, future planning, inadequate or 950
lack of connecting public or private improvements, or for other reasons, the subdivider shall pay their 951
estimated share of the cost of the future improvements to the city prior to the signing of the final plat; 952
or the subdivider may post a security insuring completion of such improvements upon demand of the 953
city. 954
Sec. 82-218. - Subdivisions straddling municipal and school district boundaries. 955
Lot lines shall be laid out so as not to cross municipal and school district boundary lines. 956
Sec. 82-219. - Monuments. 957
The applicant shall place permanent reference monuments in the plat as required by statute. 958
Sec. 82-220. - Character of the land. 959
Land which the council finds to be unsuitable for subdivision or development due to flooding, 960
improper drainage, steep slopes, soil conditions, rock formations, adverse earth formations or topography, 961
utility easements, or other features which will reasonably be harmful to the safety, health and general 962
welfare of the present or future inhabitants of the plat and/or its surrounding areas shall not be subdivided 963
or developed unless adequate methods are formulated by the developer and approved by the council, upon 964
recommendation of the city engineer, to solve the problems created by the unsuitable land conditions. 965
Such land shall be set aside for uses as shall not involve such a danger. 966
Sec. 82-221. - Plat name. 967
The proposed name of the plat shall not duplicate, or too closely approximate phonetically, the name 968
of any other plat in the city covered by this chapter. The council shall have final authority to designate the 969
name of the plat, which shall be determined at preliminary plat approval. 970
Sec. 82-222. - Drainage and storm sewers. 971
(a) General requirements. The city shall not approve any plat which does not make adequate provision 972
for stormwater or floodwater runoff. Surface water drainage patterns shall be shown for each lot and 973
block. The stormwater drainage system shall be separate and independent of any sanitary sewer 974
system. Storm sewers, where required, shall be designed by the method as approved by the city, and a 975
copy of design computations shall be submitted along with plans. Inlets shall be provided so that 976
surface water is not carried across or around any intersection, nor for a distance of more than 600 feet 977
in the gutter in urban areas. When calculations indicate that curb capacities are exceeded at a point, no 978
further allowance shall be made for flow beyond that point; and basins shall be used to intercept flow 979
at that point. 980
(b) Nature of stormwater facilities. 981
(1) Location. The subdivision shall be required by the city to carry away by pipe or open ditch any 982
spring or surface water that may exist either previously to or as a result of the plat. Such drainage 983
facilities shall be located in the road right-of-way where feasible, or in perpetual unobstructed 984
easements of appropriate width, and shall be constructed in accordance with the city's 985
construction standards and specifications. 986
(2) Accessibility to public storm sewers. 987
a. Where a public storm sewer is accessible, the subdivider shall install storm sewer facilities; 988
or, if no outlets are within a reasonable distance, adequate provision shall be made for the 989
disposal of stormwaters, subject to the specifications of the city. 990
b. If a connection to a public storm sewer will be provided eventually, as determined by the 991
city, the subdivider shall make arrangements for future stormwater disposal by a public 992
utility system at the time the subdivision receives final approval. Provision for such 993
July 20, 2020 page 24
connection shall be incorporated by inclusion in the performance Bond required for the final 994
subdivision. 995
(3) Accommodation of upstream drainage areas. A culvert or other drainage facility shall in each 996
case be large enough to accommodate potential runoff from its entire upstream drainage area, 997
whether inside or outside the subdivision. The city shall determine the necessary size of the 998
facility, based on the provisions of the construction standards and specifications assuming 999
conditions of maximum potential watershed development permitted by chapter 78 and 1000
Community Management Plan. 1001
(4) Effect on downstream drainage areas. The city shall also study the effect of each plat on existing 1002
downstream drainage facilities outside the area of the plat. City drainage studies, together with 1003
such other studies as shall be appropriate, shall serve as a guide to needed improvements. Where 1004
it is anticipated that the additional runoff incident to the development of the plat will overload an 1005
existing downstream drainage facility, the city may withhold approval of the plat until provision 1006
has been made for the improvement of the potential condition at the subdivider's expense and in 1007
such sum as the city shall determine. No plat shall be approved unless adequate drainage will be 1008
provided to an adequate drainage watercourse or facility. 1009
(5) Floodplain areas. The city may, when it deems it necessary for the health, safety or welfare of 1010
the population of the area and necessary to the conservation of water, drainage and sanitary 1011
facilities, prohibit the subdivision of any portion of the property which lies within the floodplain 1012
of any stream, lake or drainage course. These floodplain areas shall be preserved from any and 1013
all destruction or damage resulting from clearing, grading or dumping of earth, waste material or 1014
stumps by the appropriate conservation easement. 1015
(c) Dedication of drainage easements. 1016
(1) General requirements. Where a plat is traversed by a wetlands, swamp, watercourse, 1017
drainageway, channel or stream, there shall be provided a stormwater easement, conservation and 1018
flowage easement, or drainage right-of-way conforming substantially to the lines of such 1019
watercourse, and of such width and construction or both as will be adequate for the purpose. 1020
Wherever possible, it is desirable that the drainage be maintained by an open channel with 1021
landscaped banks and adequate width for maximum potential volume of flow. 1022
(2) Drainage easements. 1023
a. Where topography or other conditions are such as to make impractical the inclusion of 1024
drainage facilities within road rights-of-way, perpetual unobstructed easements of an 1025
appropriate width for such drainage facilities shall be provided across property outside the 1026
road lines and with satisfactory access to a public roadway. Easements shall be indicated on 1027
the plat. Drainage easements shall be carried from the road to a natural watercourse or to 1028
other drainage facilities. 1029
b. When a proposed drainage system will carry water across private land outside the plat, 1030
appropriate drainage rights must be secured and indicated. 1031
c. The subdivider shall dedicate, by drainage or conservation easement of land on both sides of 1032
existing watercourses, to a distance to be determined by the city. 1033
Sec. 82-223. - Water facilities. 1034
(a) Public water systems. 1035
(1) Where a public water main is accessible, the subdivider shall install adequate water facilities, 1036
including fire hydrants, subject to the specifications of the State or city. 1037
(2) Water main extensions shall be approved by the city. 1038
July 20, 2020 page 25
(3) To facilitate the provisions of subsections (a)(1) and (2) of this section, the location of all fire 1039
hydrants and all water supply improvements and all improvements proposed to be served shall be 1040
shown on the preliminary plat, and the cost of installing such improvements shall be included in 1041
the performance Bond to be furnished by the subdivider. 1042
(b) Individual wells. 1043
(1) In the discretion of the city, if a public water system is not available, individual wells may be 1044
used. Water samples shall be submitted to the State health department for its approval. 1045
(2) If the city requires that a connection to a public water main be eventually provided as a condition 1046
to approval of an individual well, the subdivider shall make arrangements for future water service 1047
at the time the plat receives final approval. 1048
Sec. 82-224. - Sewerage facilities. 1049
(a) General requirements. Where public sanitary sewer is available, the subdivider shall install sanitary 1050
sewer facilities in a manner prescribed by the city's construction standards, specifications and 1051
provisions of this Code. All plans shall be designed in accordance with the rules, regulations and 1052
standards of the city, State health department, and other appropriate agencies. 1053
(b) Connection. Where a public sanitary sewerage system is reasonably accessible, the applicant shall 1054
connect the system and provide sewers accessible to each lot in the plat. 1055
(c) Central system. In the Metropolitan Urban Service Area (MUSA), where public sanitary sewerage 1056
systems are not reasonably accessible but will become available within a reasonable time (not to 1057
exceed 15 years), the applicant may choose a central sewerage system. The maintenance cost shall be 1058
assessed against each property benefited. Where plans for future public sanitary sewerage systems 1059
exist, the applicant shall install the sewer lines, laterals and mains to be in permanent conformance 1060
with such plans and ready for connection to such public sewer mains. 1061
(d) Septic system. In the MUSA, and where sanitary sewerage systems are not reasonably accessible and 1062
will not become available for a period in excess of 15 years, the applicant may install a sewerage 1063
system in accordance with chapter 58, article II. 1064
(e) Design criteria for sanitary sewers. 1065
(1) Generally. These design criteria are not intended to cover extraordinary situations. Deviations 1066
will be allowed and may be required in those instances where considered justified by the city. 1067
(2) Design factors. Sanitary sewerage systems should be designed for the ultimate tributary 1068
population. Due consideration should be given to the Community Management Plan. Sewer 1069
capacities should be adequate to handle the anticipated maximum hourly quantity of sewage and 1070
industrial waste together with an adequate allowance for infiltration and other extraneous flow. 1071
Sewers shall be designed in accordance with standards and specifications approved by the city. 1072
Sec. 82-225. - Utilities. 1073
(a) Location. All utility facilities, including but not limited to gas, electric power, telephone and CATV 1074
cables, shall be located underground throughout a plat. Wherever existing utility facilities are located 1075
above ground, except where existing on public roads and rights-of-way, they shall be removed and 1076
placed underground. All utility facilities existing and proposed throughout the plat shall be shown on 1077
the preliminary plat. Underground service connections to the street property line of each platted lot 1078
shall be installed at the subdivider's expense. At the discretion of the city, the requirements for service 1079
connections to each lot may be waived in the case of adjoining lots to be retained in single ownership 1080
and intended to be developed for the same primary use. 1081
(b) Easements. Easements centered on rear and side lot lines shall be provided for utilities (private and 1082
municipal), and such easement shall be at least ten feet wide and have satisfactory access to the 1083
July 20, 2020 page 26
publicly dedicated and opened road. Easements shall be indicated on the plat. Proper coordination shall 1084
be established between the subdivider and the applicable utility companies for the establishment of 1085
utility easements established in adjoining properties. 1086
Sec. 82-226. - Preservation of natural features and amenities. 1087
(a) Generally. Existing features which would add value to residential development or to the city as 1088
a whole, such as trees, watercourses and falls, beaches, historic spots, and similar irreplaceable 1089
assets, shall be preserved in the design of the plat. 1090
1. No trees shall be removed from any plat nor any change of grade of the land effected until 1091
approval of the preliminary plat has been granted. All trees on the plat required to be 1092
retained shall be preserved, and all trees where required shall be welled and protected 1093
against change of grade. The vegetation map shall show the number and location of existing 1094
trees, as required by this chapter, and shall further indicate all those marked for retention, 1095
and the location of all proposed shade trees required along the street side of each lot as 1096
required by this chapter. 1097
(b) Deciduous trees planted by subdivider. 1098
(1) As a requirement of subdivision approval, the city may require that the subdivider plant 1099
Deciduous trees on the property of the subdivision. Such trees are to be planted within five feet 1100
of the right-of-way of the roads within and abutting the subdivision, or, at the discretion of the 1101
city, within the right-of-way of such roads. One tree shall be planted for every 40 feet of frontage 1102
along each road unless the council, upon recommendation of city staff, shall grant a waiver. 1103
(2) New trees to be provided pursuant to this chapter shall be approved by the city and shall be 1104
planted in accordance with the specifications of the city. Such trees shall have a minimum trunk 1105
diameter, measured 12 inches above ground level, of not less than two inches. Only oak, honey 1106
locust, hard maples, or other long-lived shade trees acceptable to the city shall be planted. 1107
Alternatively, the City may accept trees recommended for street use by University of Minnesota 1108
Extension – Forestry, Northwest and Central regions and appropriate for the soil conditions. 1109
Sec. 82-227. - Parks and playgrounds. 1110
(1) Lands for public use. The city finds that when land is subdivided, including a planned residential 1111
development or a planned unit development, the resulting additional housing units or 1112
commercial/industrial buildings have an impact on the city's park system. Therefore, pursuant to 1113
Minn. Stat. § 462.358, subd. 2b, the city requires all persons, corporations or other legal entities 1114
that subdivide land within the city, as a prerequisite to approval of a lot division, final plat, 1115
planned residential development or planned unit development, to convey to the city or dedicate 1116
to the public, for use as parks, playgrounds, trails or open space, a given percentage of the land 1117
being platted or developed as specified in this section, such portions to be approved by the city. 1118
In lieu thereof, the subdivider shall, at the option of the city, pay to the city, for use in the 1119
acquisition, development or improvement of public parks, playgrounds, trails, wetlands or open 1120
spaces and debt retirement in connection with the foregoing, an equivalent amount in cash based 1121
upon the fair market value of the land to be developed. The form of contribution (cash, land, or 1122
any combination) shall be decided by the city council based upon the need and conformance with 1123
the comprehensive plan. The amount of the dedication requirement shall be roughly proportional 1124
to the impact of the subdivision on the city's park system. 1125
(2) Dedicated land requirements. Any land to be dedicated as a requirement of this section shall be 1126
reasonably adaptable for the public purposes listed in subsection (1) of this section. Factors used 1127
in evaluating the adequacy of proposed dedicated areas shall include size, shape, topography, 1128
drainage, geology, tree cover, access and location. 1129
July 20, 2020 page 27
(3) Land dedication minimum area. Subdividers shall be required to dedicate to the city for parks, 1130
playgrounds, trails, open spaces and other public purposes as a minimum that percentage of gross 1131
land area, or other such amount as may be determined by the city council, as set forth below: 1132
a. In residential/agricultural/multiple residential zoned land, dedication requirement of eight 1133
percent of the land being platted or subdivided. The dedication required shall be roughly 1134
proportional to the projected impact of the proposed development on the city's park system. 1135
Because of the vastly differing land values in the city, the eight percent park dedication 1136
requirement could result in park dedication requirements that are either significantly greater 1137
than or significantly less than the amount which is roughly proportional to the impact of the 1138
proposed development on the city's park system. Periodically, therefore, the city will 1139
establish both a maximum and minimum park dedication amount per dwelling unit based on 1140
an updated projection of the cost of the city's park system and the proportionate share of this 1141
projected cost to be borne by new dwelling units in the city. This will be done by a resolution 1142
of the city council. 1143
b. In commercial/industrial zoned land, dedication requirement of eight percent of the land 1144
being platted or subdivided. The dedication required shall be roughly proportional to the 1145
projected impact of the proposed development on the city's park system. The city finds that 1146
the employees of commercial/industrial developments in the city make use of the city's park 1147
system, particularly trails and natural areas. Because the city's park system is focused on 1148
trails and natural areas versus active community parks and ballfields, commercial/industrial 1149
employees use the city's park system in ways similar to city residents. Therefore, the 1150
commercial/industrial dedication requirement will be tied to the residential dedication 1151
requirement by determining the number of employees that is equivalent to a residential 1152
dwelling unit in terms of impact on the city's park system. Periodically the city will establish 1153
both a maximum and minimum park dedication amount per employee based on this 1154
determination and the determination of the residential dedication requirement as set out in 1155
subsection (3)a of this section. This will be done by resolution of the city council. 1156
c. Because the city's park system is focused on trails and natural open space areas, the city does 1157
not have a broad system of neighborhood parks. If a subdivision is planned to be served by 1158
a neighborhood park, this subdivision will receive a greater benefit from the city's park 1159
system than that received by the general population. Therefore, the maximum park 1160
dedication amount as determined in subsection (3)a of this section may be exceeded up to 1161
the full eight percent dedication requirement in the case of a subdivision that is planned to 1162
be served by a neighborhood park. 1163
(4) Cash contribution in lieu of lands. In those instances where a cash contribution is to be made by 1164
the subdivider, in lieu of a conveyance or dedication of land, the cash contribution to be 1165
contributed shall be equivalent to the fair market value of the equivalent undeveloped land that 1166
would otherwise have been conveyed or dedicated. The city shall account for such funds in a 1167
special fund named park dedication funds. These funds are to be used only for the acquisition, 1168
development and improvement of public parks, playgrounds, trails, wetlands or open spaces, and 1169
debt retirement in connection with the foregoing. 1170
(5) Fair market value of lands. Fair market value for purposes of this section shall be the land 1171
predevelopment value to be determined by the city council as of the time of preliminary plat 1172
application in accordance with the following: 1173
a. The city assessor shall recommend to the city council as to the fair market value of the land 1174
after consultation with the subdivider. 1175
July 20, 2020 page 28
b. If agreement is not reached between the city assessor and subdivider, the fair market value 1176
shall be determined in accordance with the following: 1177
1. Fair market value as determined by the city council based upon a current appraisal 1178
submitted to the city by the subdivider, at their expense. The appraisal shall be made by 1179
appraisers who are approved members of SREA or MAI, or equivalent real estate 1180
societies. 1181
2. If the city disputes such appraisal amounts, it may obtain an appraisal of the property 1182
by a qualified real estate appraiser which the city council selects and which appraisal 1183
may be accepted by the city as being an accurate appraisal at fair market value. The cost 1184
of the appraisal shall be paid by the subdivider. 1185
c. The determination of fair market value of the undeveloped land by the city assessor, city 1186
council or designated appraisers shall be determined at the time of preliminary subdivision 1187
approval, provided that there is final plat approval within the time limits as set forth in this 1188
chapter. The time of preliminary plat approval is utilized because the nature of the 1189
subdivision, its probable population, lot size and value, and other relevant factors are known. 1190
If an extension of the time limits in this chapter is approved by the city council, the fair 1191
market value shall be determined as of the time of the approval of that extension. In 1192
determining the fair market value as of time of preliminary plat application, or its extension, 1193
the factors to be included in the analysis shall include any and all factors which are generally 1194
accepted and used by approved members of SREA or MAI or equivalent real estate appraisal 1195
societies. 1196
(6) Future subdivision. Any land which is further subdivided, divided or applied for such 1197
subdivision, division subsequent to May 1, 1990, shall be subject to the requirements of the 1198
ordinance then in effect concerning dedication of land for public purposes; and credit shall be 1199
given for any charges previously imposed upon that land if the subdivider can prove that fees 1200
were previously paid. In no event shall the city be liable for any payment which may be due 1201
because of a subsequent reduction in the application percentage of land or equivalent market value 1202
in cash to be dedicated. 1203
Secs. 82-228—82-250. - Reserved. 1204
1205
DIVISION 2. - LOTS 1206
1207
Sec. 82-251. – Security to include lot improvement. 1208
The security required shall include an amount to guarantee completion of all requirements contained 1209
in this division, including but not limited to erosion control, soil preservation, final grading, lot drainage, 1210
land stabilization, , removal of debris and waste, fencing, and all other lot improvements required by the 1211
city. 1212
Sec. 82-252. - Lot arrangement. 1213
The lot arrangement shall be such that there will be no foreseeable difficulties, for reasons of 1214
topography or other conditions, in securing building permits to build on all lots in compliance with 1215
chapter 78 and in providing driveway access to buildings on such lots from an approved street. 1216
Sec. 82-253. - Lot dimensions. 1217
Lot dimensions shall comply with the minimum standards of chapter 78. Where lots are more than 1218
double the minimum required area for the zoning district, the city may require that such lots be arranged 1219
so as to allow further subdivision and the opening of future streets where they would be necessary to 1220
serve such potential lots, all in compliance with chapter 78. In general, side lot lines shall be at right 1221
angles to street lines (or radial to curving street lines) unless a variation from this rule will give a better 1222
July 20, 2020 page 29
street or lot plan. Dimensions of corner lots shall be large enough to allow for erection of buildings, 1223
observing the minimum yard setback from both streets. Depth and width of properties reserved or laid 1224
out for business, commercial or industrial purposes shall be adequate to provide for the off-street parking 1225
and loading facilities required for the type of use and development contemplated, as established in chapter 1226
78. Notwithstanding the required width of each lot, each lot shall maintain a minimum frontage of 18 feet 1227
on a public or private street, or access outlot. 1228
Sec. 82-254. - Lot area, minimum. 1229
1230
A. In areas not served by sanitary sewer, each lot must contain a minimum of two acres of 1231
contiguous Dry Buildable Land exclusive of public rights-of-way, vehicular easements, or areas 1232
at or below the floodplain elevation for a specific property. 1233
B. In areas served by sanitary sewer, each lot must contain contiguous Dry Buildable Land equal to 1234
the minimum areas as prescribed in chapter 78 or half-acre, whichever is less (exclusive of public rights-1235
of-way, vehicular easements, or areas at or below the floodplain elevation for a specific property), and 1236
have legal access to the building site without encroachment of a wetland or floodplain area. 1237
C. Outlots. Outlots are not intended for development except for the purpose in which they are 1238
created, which may include streets, stormwater management, monument signs, etc. Outlots intended for 1239
future development shall not be subject to development fees until they are platted as buildable lots. 1240
1241
Sec. 82-255. - Lakeshore lots. 1242
The granting of easements which purport to grant access to the lake to any person for any uses, 1243
including but not limited to docking, mooring, swimming and launching of boats, is prohibited and shall 1244
be deemed a violation of this chapter and subject to all of the penalties and proceedings as set forth in this 1245
chapter. 1246
Exception. An owner of a riparian lot within the Seasonal Recreational (RS) zoning 1247
district may grant an easement over their riparian, RS zoned property to benefit a non-riparian, RS 1248
zoned property for lake access purposes. 1249
1250
Sec. 82-256. - Double-frontage lots, access to lots, and front/back lot divisions. 1251
(a) Double-frontage lots. Double-frontage and reversed-frontage lots shall be avoided except where 1252
necessary to provide separation of residential development from traffic arterials or to overcome 1253
specific disadvantages of topography and orientation. 1254
(b) Access from any arterial roadway. Lots shall not, in general, derive access exclusively from an arterial 1255
roadway. Where driveway access from any arterial roadway may be necessary for several adjoining 1256
lots, the council may require that such lots be served by a combined access drive in order to limit 1257
possible traffic hazard on such roadway. Where possible, driveways shall be designed and arranged so 1258
as to avoid requiring vehicles to back into traffic on any arterial roadway. 1259
(c) Front/back lot subdivisions. Flag lots shall not be created. For the purposes of this chapter, a flag lot 1260
shall be defined as a lot so shaped such that the main building site is set back from the street on which 1261
it fronts and includes an access strip connecting the main building site with the fronting street. 1262
Front/back lot divisions shall be allowed only in conjunction with the creation of a separate outlot to 1263
provide access from the back lot to the public or private road. Such outlot shall not be allowed as 1264
creditable lot area for either the back or front lots. Front/back lot subdivisions shall adhere to the 1265
following standards: 1266
July 20, 2020 page 30
(1) Applicability. 1267
a. Front/back lot divisions may be used when existing property dimensions are narrow and 1268
deep, such that lot width does not allow for a side-by-side lot split, but acreage is adequate 1269
to provide a front lot and a back lot without requiring an area variance when the area of the 1270
outlot access corridor is excluded. 1271
b. Front/back lot divisions may be used for individual lot splits but may not be used when 1272
subdividing a large parcel into numerous lots if creation of a back lot is merely a convenience 1273
to the developer rather than supported by unique site factors. 1274
c. A front/back lot division shall not be allowed when any existing residence on a neighboring 1275
property abutting the proposed access outlot is located nearer its affected side lot line than a 1276
distance equivalent to the zoning district required front yard depth. 1277
(2) Dimensional standards. Dimensional standards for back lots shall be as follows: 1278
a. Lot area shall be 150 percent of the zoning district requirement. Wetlands may be allowed 1279
as area credit for meeting the 150 percent back lot area requirement, as long as the back lot 1280
contains sufficient contiguous dry buildable land to satisfy the minimum acreage 1281
requirement of the underlying zoning district. 1282
b. Lot width measured parallel to the front or street lot line at the street yard setback line of a 1283
lakeshore back lot, or at the rear of the front yard setback line of a non-lakeshore back lot, 1284
shall meet the zoning district width requirement. The street yard or front yard for any back 1285
lot will be a yard starting where the narrow access outlot corridor ends and the lot begins. 1286
Lakeshore back lots shall meet the lot width standard at the shoreline, at the lakeshore 1287
setback line and at the street yard setback line. 1288
c. The depth of the required street yard or front yard shall be 150 percent of the zoning district 1289
front yard requirement. 1290
d. The required side yard and rear yard depths for back lots shall be 150 percent of the zoning 1291
district yard requirements. The required lakeshore yard of a lakeshore back lot shall meet the 1292
zoning district lakeshore yard requirements. 1293
(3) Dimensional standards for front lots. A front lot created as part of a front/back lot division shall 1294
meet all zoning district area, width and setback standards; except that the required side yard of 1295
the front lot adjacent to the access outlot shall be equivalent to the side street yard requirement 1296
for that zoning district. 1297
(4) Access requirements. 1298
a. Access outlots shall be wide enough to accommodate drainage, snow removal and screening 1299
without encroaching on neighboring properties. In no case shall an outlot be narrower than 1300
30 feet in width. 1301
b. In approving front/back lot divisions, the city may require that both front lot and back lot 1302
share a driveway access within the access outlot if the council determines that creating an 1303
additional access to the existing street will be a potential safety hazard. 1304
c. Driveways within a back lot shall be located at least ten feet from the side or rear lot lines of 1305
adjacent lots. 1306
d. No more than two residences may be served by a driveway located within an access outlot. 1307
e. No access outlot may be platted abutting an adjacent outlot except when the intent is to 1308
combine the two access outlots for creation of a public or private road meeting city standards. 1309
July 20, 2020 page 31
(5) Screening requirements and accessory structure standards. Front/back lot subdivisions shall be 1310
designed in a manner such that the screening requirements and accessory structure standards of 1311
section 78-1370 can be met. 1312
(3) Effective date. The requirements and standards of this section shall apply only to those front/back 1313
lot divisions which received preliminary plat approval after January 1, 1994. 1314
Sec. 82-257. - Soil preservation, grading and seeding. 1315
(a) Soil preservation and final grading. No certificate of occupancy shall be issued until final grading 1316
has been completed in accordance with the approved final subdivision and the lot precovered with soil 1317
with an average depth of at least six inches, which shall contain no particles over two inches in diameter 1318
over the entire area of the lot, except that portion covered by buildings or included in streets, or where 1319
the grade has not been changed. Topsoil shall not be removed from residential lots or used as spoil but 1320
shall be redistributed so as to provide at least three inches of cover on the lots and boulevards. 1321
(b) Lawn-grass seed and sod. All disturbed areas shall be stabilized with a vegetative mix approved by 1322
the city engineer. No certificate of occupancy shall be issued until the disturbed areas meet the 1323
standard of Final Stabilization, as defined in Section 79-5; except that during the period of the year 1324
when seed cannot be sown, the property owner and/or developer shall submit an agreement in writing 1325
to assure that respreading of soil and seeding of lawn will be done during the immediate following 1326
planting season, and shall leave a security in a form acceptable to the city for performance in such an 1327
amount as shall be determined by the city. The developer may choose to include final lot grading and 1328
required lawn grass seeding improvements in a development contract and shall leave a security in a 1329
form acceptable to the city for performance in such an amount as shall be determined by the city. Sod 1330
may be used to comply with any requirements of seeding set forth in this section. 1331
(c) Lot drainage. Lots shall be graded so as to provide positive drainage away from all buildings, and 1332
individual lot drainage shall be coordinated with the general storm drainage pattern for the area. 1333
Drainage shall be designed so as to avoid concentration of storm drainage water from each lot to 1334
adjacent lots. 1335
Sec. 82-258. - Debris and waste. 1336
No cut trees, timber, debris, earth, rocks, stones, soil, junk, rubbish or other waste materials of any 1337
kind shall be buried in any land, or left or deposited on any lot or street at the time of the issuance of a 1338
certificate of occupancy on a subdivision, nor shall any be left or deposited in any area of the subdivision 1339
at the time of expiration of the performance security or dedication of public improvements, whichever is 1340
sooner. 1341
Secs. 82-260—82-280. - Reserved. 1342
1343
DIVISION 3. - ROADS AND PUBLIC WAYS 1344
1345
Sec. 82-281. - Design standards. 1346
(a) Generally. In order to provide for roads of suitable location, width and improvement to accommodate 1347
prospective traffic and afford satisfactory access to police, firefighting, snow removal, sanitation and 1348
road maintenance equipment, and to coordinate roads so as to compose a convenient system and avoid 1349
undue hardships to adjoining properties, the following design standards for roads are required: 1350
(1) Road surfacing and improvements. After the sewer and water utilities have been installed by the 1351
subdivider, the subdivider shall construct all road pavement, shoulders, drainage improvements 1352
and structures, curbs, culs-de-sac, and sidewalks in conformance with all construction standards 1353
and specifications adopted by the city and shall be incorporated into the construction plans 1354
required to be submitted to the subdivider for final subdivision approval. 1355
(2) Rights-of-way. Rights-of-way shall be in accordance with the following performance standard: 1356
July 20, 2020 page 32
a. Minimum right-of-way widths. 1357
Principal arterial, intermediate arterial As recommended by the State Department of Transportation
Minor arterial 80 feet
Collector 70 feet
Local 50 feet
Parkway 100 feet
Cul-de-sac 50 feet radius
1358
b. Rights-of-way are needed for future roadways in the opinion of the city. 1359
c. Right-of-way widths or additional widths in existing rights-of-way in excess of the standards 1360
designated in this chapter when, due to topography, additional width is necessary to provide 1361
adequate earth slopes. Such slopes shall not be in excess of 3:1. 1362
(b) Railroads and limited-access roadways. Railroad rights-of-way and limited-access roadways where 1363
so located as to affect the subdivision of adjoining lands shall be treated as follows: 1364
(1) In residential districts, a buffer strip at least 25 feet in depth shall be provided adjacent to the 1365
railroad right-of-way or limited-access roadway. 1366
(2) In districts zoned for business, commercial or industrial uses, the nearest street extending parallel 1367
or approximately parallel to the railroad shall be at a sufficient distance to ensure suitable depth 1368
for commercial or industrial sites. 1369
(3) Streets parallel to the railroad when intersecting a street which crosses the railroad at grade shall 1370
be at a distance of at least 150 feet from the railroad right-of-way. Such distance shall be 1371
determined with due consideration of the minimum distance required for future separation of 1372
grades by means of appropriate approach gradients. 1373
(4) Roadways crossing the railroads shall be avoided. 1374
(c) Intersections. 1375
(1) Roadways shall be laid out so as to intersect as nearly as possible at right angles. A proposed 1376
intersection of two new streets at an angle or less than 75 degrees shall not be acceptable. An 1377
oblique street should be curved approaching an intersection and should be approximately at right 1378
angles for at least 100 feet from the intersection. Not more than two streets shall intersect at any 1379
one point unless specifically approved by the city. 1380
(2) Proposed new intersections along one side of an existing street shall coincide with any existing 1381
intersections on the opposite side of such street. Intersection jogs with centerline offsets of less 1382
than 150 feet shall not be permitted, except where the intersected street has separated dual drives 1383
without median breaks at either intersection. Where streets intersect collectors or arterials,, their 1384
alignment shall be continuous. Intersections of arterial roadways shall be at least 800 feet apart. 1385
(3) Minimum curb radius at the intersection of two local streets shall be at least 15 feet, and 1386
minimum curb radius at an intersection involving a collector street or local streets in a commercial 1387
or industrial area shall be at least 25 feet. Alley intersections and abrupt changes in alignment 1388
within a block shall have the corners cut off in accordance with standard engineering practice to 1389
permit safe vehicular movement. 1390
July 20, 2020 page 33
(4) Intersections shall be designed with a flat stopping area of at least 30 feet in a residential area 1391
and 60 feet in a commercial or industrial area. The stopping area shall be designed to provide a 1392
maximum grade of two percent. 1393
(5) Where any street intersection will involve earth banks or existing vegetation inside any lot corner 1394
that would create a traffic hazard by limiting visibility, the subdivider shall cut such ground and/or 1395
vegetation (including trees) in connection with the grading of the right-of-way to the extent 1396
deemed necessary by the city to provide an adequate sight distance. 1397
(6) The crown of all streets, including intersections, shall be three percent or less. 1398
(d) Typical section. Typical sections shall be as prescribed in the Orono Standard Construction Details, 1399
as amended from time to time. Soil borings may be required to be determined by the city. 1400
(1) Private street, residential 1401
Units R.O.W.*
(feet)
M.P.W.**
(feet)
3—6 50 24
Over 6 50 28
Cul de sac 50 radii 45 radii
1402
(2) Public street, residential 1403
Units R.O.W.*
(feet)
M.P.W.**
(feet)
3—10 50 28
Over 10 50 32
Cul de sac 50 45 radii
1404
Maximum cul-de-sac length = 1,000 feet 1405
Maximum number of units on cul-de-sac = 10 1406
(3) Public street, commercial or industrial 1407
Units R.O.W.*
(feet)
M.P.W.**
(feet)
1+ 70 32
Cul de sac 50 45
1408
*Right-of-Way Width 1409
**Minimum Paved Width 1410
July 20, 2020 page 34
(e) Horizontal and vertical control. Horizontal and vertical control shall be as follows: 1411
Functional
Class
Design
Speed
(mph)
Vertical
Control
Maximum
Gradient
(percent)
Horizontal
Control
Minimum
Radius
(feet)
Private street
(residential) 30 12 275
Public street
(residential) 30 10 275
Public street
(commercial and
industrial)
40 8 400
1412
Sec. 82-282. - Off-site premises; roadways. 1413
(a) Access to improved public or private roadways. No subdivision shall be approved unless the area to 1414
be subdivided shall have adequate access from an existing publicly dedicated and opened roadway or 1415
on a private roadway open to travel or vehicular use pursuant to an easement between persons or 1416
between persons and the city. Such roadway must be suitably improved as required by the city, the 1417
State or the county. If the public roadway, including but not limited to existing bridges, drainage 1418
structures, lighting, shoulders, base, pavement, alignment or sight distance, is not suitable to handle 1419
the proposed additional vehicular traffic from the subdivision, the subdivider at their expense will be 1420
responsible for first improving the public roadway to a standard acceptable to the city, to ensure that 1421
the health, safety and welfare of the citizens presently using the roadway and in the future will be 1422
protected and will not be adversely affected by the increased use of the roadway caused by the 1423
subdivision. This improvement shall be accomplished prior to final subdivision approval unless the 1424
city agrees and the subdivider provides a suitable performance Bond to complete the improvements in 1425
the development contract. 1426
(b) Access to improved public roadways over existing private roadways. Wherever the area to be 1427
subdivided is to utilize an existing private roadway in order to gain access to the public roadway, such 1428
private roadway shall be suitably improved as provided in this section for public roadways. 1429
Sec. 82-283. - On-site roadways. 1430
(a) Grading and improvement plan. Roadways shall be graded and improved to conform to the city's 1431
construction standards and specifications and shall be approved as to design and specifications by the 1432
city engineer, in accordance with the construction plans required to be submitted prior to final 1433
subdivision approval. 1434
(b) Topography and arrangement. 1435
(1) Roadways shall be related appropriately to the topography. Roadways shall be curved wherever 1436
possible to avoid conformity of lot appearance. All roadways shall be arranged so as to obtain as 1437
many as possible of the building sites at or above the grades of the street. Grades of streets shall 1438
conform as closely as possible to the original topography. A combination of steep grades and 1439
curves shall be avoided. 1440
(2) All streets shall be properly integrated with the existing and proposed system of thoroughfares 1441
and dedicated rights-of-way as established in the Community Management Plan. 1442
July 20, 2020 page 35
(3) All thoroughfares shall be properly related to specific traffic generators, such as industries, 1443
business districts, schools, churches, and shopping centers; to population densities; and to the 1444
pattern of existing and proposed land uses. 1445
(4) Roadways shall be laid out to conform as much as possible to the topography, to discourage use 1446
by through traffic, to permit efficient drainage and utility systems, and to require the minimum 1447
number of roadways necessary to provide convenient and safe access to property. 1448
(5) The gridiron roadway pattern need not necessarily be adhered to, and the use of curvilinear 1449
roadways or U-shaped roadways shall be encouraged where such use will result in a more 1450
desirable layout. 1451
(6) Cul-de-sacs shall be discouraged; proposed roadways shall be extended to the boundary lines of 1452
the tract to be subdivided unless prevented by topography or other physical conditions or unless 1453
in the opinion of the city such extension is not necessary or desirable for the coordination of the 1454
layout of the subdivision with the existing layout or the most advantageous future development 1455
of adjacent tracts. 1456
(7) In business and industrial developments, the roadways and other accessways shall be planned in 1457
connection with the grouping of buildings, location of rail facilities, and the provisions of alleys, 1458
truck loading and maneuvering areas, and walks and parking areas so as to minimize conflict of 1459
movement between the various types of traffic, including pedestrian. 1460
(c) Blocks. 1461
(1) Blocks should have sufficient width to provide for two tiers of lots of appropriate depths. 1462
Exceptions to this prescribed block width shall be permitted in blocks adjacent to arterial 1463
roadways, railroads or waterways. 1464
(3) In all blocks, the city shall require the reservation of an easement through the block to 1465
accommodate utilities, drainage facilities or pedestrian traffic. Pedestrian ways or crosswalks, not 1466
less than ten feet wide, may be required by the city through the center of blocks more than 800 1467
feet long where deemed essential to provide circulation of access to schools, playgrounds, 1468
shopping centers, transportation or other community facilities. Blocks designed for industrial uses 1469
shall be of such length and width as may be determined suitable by the city for prospective use. 1470
(d) Access to primary arterials. Where a subdivision borders on or contains an existing or proposed 1471
arterial, the city may require that access to such roadways be limited by one of the following means: 1472
(1) The subdivision of lots so as to back onto the arterials and front onto a parallel local or collector 1473
roadway; no access shall be provided from the arterial, and screening shall be provided in a strip 1474
of land along the rear property line of such lots. 1475
(2) A series of cul-de-sacs, U-shaped streets, or short loops entered from and designed generally at 1476
right angles to such a parallel street, with the rear lines of their terminal lots backing onto the 1477
arterial. 1478
(3) A marginal-access or service road separated from the arterial by a planting or grass strip and 1479
having access to the arterial at suitable points. 1480
(e) Road names and street addresses. The city shall name all roads at the time of preliminary subdivision 1481
approval and assign street addresses. Names shall be sufficiently different in sound and in spelling 1482
from other road names in the area so as not to cause confusion. A road which is or is planned as a 1483
continuation of an existing road shall bear the same name. 1484
(f) Road regulatory signs. All road signs shall be installed prior to issuance of building permits for any 1485
residence on the streets approved. The city shall place all signs at the developer's expense at all 1486
July 20, 2020 page 36
intersections within or abutting the subdivision, the type and location of which shall be approved by 1487
the city. 1488
(g) Reserve strips. The creation of reserve strips shall not be permitted adjacent to a proposed street in 1489
such a manner as to deny access from adjacent property to such street. 1490
(h) Construction of roads and dead-end roads. 1491
(1) Construction of roads. The arrangement of streets shall provide for the continuation of streets 1492
between adjacent properties when such continuation is necessary for access, convenient 1493
movement of traffic, effective fire protection, for efficient provision of utilities, and where such 1494
continuation is in accordance with the city Community Management Plan. If the adjacent property 1495
is undeveloped and the street must be a dead-end street temporarily, the right-of-way shall be 1496
extended to the property line and a temporary cul de sac provided. The city may limit the length 1497
of temporary dead-end streets in accordance with this chapter. 1498
(2) Dead-end roads (permanent). Where a road does not extend to the boundary of the subdivision 1499
and its continuation is not required by the city for access to adjoining property, its terminus shall 1500
not be nearer to such boundary than 50 feet. However, the city may require the reservation of an 1501
appropriate easement to accommodate drainage facilities, pedestrian traffic or utilities. A cul-de-1502
sac shall be provided at the end of a permanent dead-end street in accordance with the city's 1503
construction standards and specifications. 1504
Sec. 82-284. - Road dedication and reservations. 1505
(a) New perimeter streets. Street systems in new subdivisions shall be laid out so as to eliminate or avoid 1506
new perimeter half-streets. Where an existing half-street is adjacent to a new subdivision, the other 1507
half of the street shall be improved and dedicated by the subdivider. The city may authorize a new 1508
perimeter street where the subdivider improves and dedicates the entire required street right-of-way 1509
width within his own subdivision boundaries. 1510
(b) Widening and realignment of existing roads. Where a subdivision borders an existing narrow road or 1511
when the Community Management Plan or some other agency indicates plans for realignment or 1512
widening a road that would require use of some of the land in the subdivision, the subdivider shall be 1513
required to improve and dedicate at their expense such areas for widening or realignment of such roads. 1514
Such frontage roads and streets shall be improved and dedicated by the subdivider at their own expense 1515
to the full width as required by this chapter. 1516
(c) Use of reserved land. Land reserved for any road purposes may not be counted in satisfying yard or 1517
area requirements of chapter 78, whether the land is to be dedicated to the city in fee simple or an 1518
easement is granted to the city. 1519
Sec. 82-285. - Pedestrian access. 1520
The council may require sidewalks or other pedestrian trails in order to facilitate pedestrian access 1521
from the roads to schools, parks, playgrounds or other nearby roads. Sidewalks shall be five feet in width 1522
and trails no more than eight feet in width. 1523
Secs. 82-286—82-299. - Reserved. 1524
1525
DIVISION 4. - CONSERVATION DESIGN 1526
1527
Sec. 82-300. - Conservation design required. 1528
The following residential subdivisions shall be subject to the provisions of chapter 78, article XII 1529
with regards to conservation design. 1530
a. All proposed residential subdivisions greater than five acres in total area and proposing 1531
Urban medium or higher densities (greater than 3 units per acre) 1532
July 20, 2020 page 37
b. All proposed residential subdivisions greater than 7 acres and proposing 2 acre minimum 1533
lot size or smaller. 1534
c. The City Council may waive this requirement due to the nature of the proposed 1535
subdivision. 1536
AGENDA ITEM
Prepared By: J. Barnhart Reviewed By: DJR Approved By: DJR
1. Purpose. To consider changes to the Subdivision Code, provide staff direction.
2. Background. The comprehensive review of the subdivision code was authorized by the Council
in workshop on August 12, 2019. Since then, staff and the City attorney have worked closely
together reviewing the subdivision code and identifying areas where changes would clarify,
streamline, and adjust our subdivision process to be consistent with State Law, and Council goals.
All changes are shown, new text is underlined, and text to be deleted is struck-through.
Review comments made by staff, the city attorney, and the Planning Commission are also
included in the margins of the draft.
3. Planning Commission Vote and Comment. On June 15, 2020, the Planning Commission held a
public hearing. Following the public hearing, the Planning Commission commented on a number
of items, ultimately tabling action.
On July 20, 2020, the Planning Commission continued discussion, and recommended approval of
the ordinance on a 5-1 vote (Bollis voted no, Erickson was absent). The main discussion points
are summarized below. The Minutes from the June Planning Commission are attached as exhibit
X. The July Minutes were not ready at the time this report was submitted and will be provided
later.
Over the two meetings, Commissioners discussed the following:
a. cul de sac definition/ design (Line 57) Bollis suggested not requiring a circular
requirement
b. Consumer protection (Section 82-50, lines 527-541). Proposed to be deleted.
Bollis originally raised it as an issue in June. In July Bollis was satisfied with the
City Attorney’s response, though Gettman did not agree to the change. All other
commissioners agreed to remove it. Gettman’s concern could be summarized as
how do we protect the consumer in fraudulent transactions as part of the
subdivision.
c. sketch plans for adjacent property (Lines 766-770). In the code, there is a
provision that the City can require the subdivider to prepare a sketch plan when
they are the owner of adjacent property or intend to attempt to acquire the
property adjacent to that property, with the goal that possible relationships
between he proposed subdivision and future subdivisions. The Planning
Commission was not comfortable with the intent and felt it may be a bit of an
overreach. (It is proposed to be removed.)
d. Minimum frontage on a street. (Section 82-253, lines 1751-1752). Staff
recommends adding a minimum street frontage to preserve a driveway and
setbacks, as lot width is measured at the building setback line, and could taper to
Item No.: 14 Date: August 13, 2020
Item Description: LA19-000065 – City of Orono Text Amendment Related to
Subdivisions
Presenter: Jeremy Barnhart, AICP
Community Development Director
Agenda
Section:
Planning Department
Report
AGENDA ITEM
Prepared By: J. Barnhart Reviewed By: DJR Approved By: DJR
nothing at the street. Ressler and Bollis felt it was not necessary, the rest of the
Commissioners supported the change.
Other more substantial changes include:
Consolidation of subdivision classifications into one. (Section 82-15, lines 423-452)
All subdivisions are to be platted.
The use of platting and subdivision, used interchangeable in the ordinance has been
reviewed and clarified.
Triggers for the conservation design process were modified (Lines 2089-2098) to
residential projects 5 acres or more and with lots smaller than 2 acres, or residential projects
greater than 7 acres, and 2 acre lot size or less.
4. Public Comment. No comments on the proposed ordinance were received.
5. Staff Recommendation. Staff recommends the Council identify any changes they deem
necessary; staff will prepare a final draft and a summary ordinance for adoption and publication.
COUNCIL ACTION REQUESTED
City Council should provide staff direction.
Exhibits
A. Draft Ordinance
B. PC Staff report July 20, 2020
C. PC staff report June 15, 2020
D. PC Minutes, June 15, 2020
To: Chair Ressler and Planning Commission Members
Dustin Rief, City Administrator
From: Jeremy Barnhart, AICP
Community Development Director
Date: July 20, 2020
Subject: #LA19-65, City of Orono Text Amendment Subdivision Ordinance
Background
In June, the Planning Commission reviewed the proposed subdivision code developed to clarify,
streamline, and adjust the subdivision process to be consistent with state law, subdivision
patterns and Council goals. All changes are shown.
During the review, number of comments were raised by commissioners. Comments with
changes not recommended are illustrated in the margins of the draft ordinance, attached as
exhibit A. Comments resulting in changes are incorporated into the document.
In summary, the Commission discussed the following topics, but voted to table action until the
changes discussed could be incorporated. The discussion topics:
1. Does the Council want to have a ‘minor’ (lot splits and subdivisions creating less than
3 new lots) subdivision process that could skip the Planning Commission. (Line 423)
Some cities do, though staff is not recommending one for Orono at this time, many of
our subdivisions fall under these categories. Commissioners agreed that there should
not be a minor subdivision process, at least at this time.
2. Does the Council wish to define appropriate street tree types? (Line 1626) The
Commission removed ash and gingko from the list of permissible street trees, but also
added a reference to an outside agency for additional options. The Commission
suggested the DNR as the resource, because information from the University of
Minnesota extension was more readily found, staff proposes using that resource.
3. Defer review of the park dedication formula. The Commission agreed that this is an
issue requiring review, but the focus should be on the subdivision process first.
4. Conservation Design. Commissioners agreed with the proposed changes to the triggers,
starting on Line 2091.
5. Cul de sac design. Commissioner Bollis was concerned with the circular turnaround in
the definition of cul de sac (Line 57). The City of Orono in recent years has consistently
required a circular cul de sac, the ordinance codifies that requirement.
6. Sketch plans on neighboring property owned or anticipated to be owned by property
owner. Commission Bollis questioned the intent and practicality of this requirement.
(Line 725) The intent is to review development comprehensively, and not create issues
Application Summary: The City is developing revisions to the subdivision ordinance.
Staff Recommendation: Staff recommends approval of the ordinance as drafted.
FILE # LA19-65
July 20, 2020
Page 2 of 2
down the road. The intent is preserved later in the code, the city can require the road
to extend to the property line. The language in the sketch plan section can be deleted.
7. Minimum frontage on a street. (Line 1751) Commission Bollis did not agree with the
proposed minimum requirement of street frontage. No changes were made, staff
recommends there be a minimum, especially when lot width is measured at the building
setback line (30, 50, or 100 feet in some non-lakeshore districts, or at the lake shore and
75 feet back in lake lots.) The 18 feet proposed is the minimum to allow for an 8 foot
driveway and 5 feet for utilities, snow storage, etc, on either side.
8. Consumer protection, section 82-50 (line 527). Commissioner Bollis questioned its
recommended removal. Staff has obtained additional information from the city
attorney:
1. I’m not a fan of having language in the code that isn’t utilized. I am not
aware of the city ever utilizing the sections below and I am not aware of a
statutory requirement that those provisions be in the code.
2. How is the City tracking or acquiring the information below.
3. There is always concern about what constitutes a valid reason to withhold
approvals. Is there a nexus between what is listed below and the pending
application?
For these reasons, staff does not recommend keeping the text.
Planning Staff Recommendation
Planning Staff recommends approval of the draft as presented, subject to any changes identified
by the Commission.
List of Exhibits
Exhibit A. Draft Ordinance
Exhibit B. PC minutes dated June 15, 2020 draft
Exhibit C. University of Minnesota Extension plant information
Exhibit D. PC Memo dated June 15, 2020
To: Chair Ressler and Planning Commission Members
Dustin Rief, City Administrator
From: Jeremy Barnhart, AICP
Community Development Director
Date: June 15, 2020
Subject: #LA19-65, City of Orono Text Amendment Subdivision Ordinance
Background
In order to clarify, streamline, and adjust the subdivision process to be consistent with state law,
subdivision patterns and Council goals; staff, including the city attorney, have reviewed the
subdivision code and proposed deletions and additions as appropriate. All changes are shown.
Also, commentary by the city attorney and staff is included, to aid in understanding of the
changes.
Main areas of focus include:
Coordinate definitions between the zoning ordinance and the subdivision code
Remove unnecessarily unique terms (Flexible Zoning)
Consolidate references to Comprehensive Plan (Community Management Plan)
Remove unnecessary or redundant regulations
Remove unnecessary Classifications of subdivision, they all have essentially the same
process.
Clarify the issuance of building permits post subdivision
Clarified the review process
Clarify the distinction between a subdivision and a plat. A subdivision is the act of
splitting a parcel into 2 or more parcels. A plat is the document that illustrates those
changes.
Establish a time period in which to record a final plat, 1 year.
Requires all subdivisions to be platted. (Section 82-111)
Limit boundary line adjustments to one per year, to allow the County to keep up with
the changes. (Section 82-200)
Revise security requirements, removed references to bond in favor of other security.
Usually this is a letter of credit. (Section 82-213)
Lowered the security to be more in-line with industry standards (Section 82-213)
Removed the different requirements for non-residential subdivisions. (Section 82-217)
Clarified required lot area (Section 82-254). This represents no change to how we apply
the regulation.
Define flag lots (Section 82-256) which have been prohibited but not defined.
Added design criteria for cul de sacs. This is in addition to existing ROW width and
Application Summary: The City is developing revisions to the subdivision ordinance.
Staff Recommendation: Staff recommends approval of the ordinance as drafted.
FILE # LA19-65
June 15, 2020
Page 2 of 2
length. (Section 82-281)
Removed the block design standards.
Adjusted Conservation design triggers:
o Urban density developments greater than 5 acres, and rural density
developments greater than 7 acres. (Section 82-300)
For discussion
1. Does the Council want to have a ‘minor’ (lot splits and subdivisions creating less than 3
new lots) subdivision process that could skip the Planning Commission. (Line 424) Some
cities do, though staff is not recommending one for Orono at this time, many of our
subdivisions fall under these categories.
2. The draft establishes the Planning Commission as the appeal board. Does the Council
want a different appeal board? (Line 548)
3. Does the Council wish to define appropriate street tree types? (Line 1618)
4. Defer review of the park dedication formula
Planning Staff Recommendation
Planning Staff recommends approval of the draft as presented, subject to any changes identified
by the Commission.
List of Exhibits
Exhibit A. Draft Ordinance
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3. LA19-000065 CITY OF ORONO, TEXT AMENDMENT: SUBDIVISIONS, 6:50 P.M. -
7:56 P.M.
Barnhart noted this is the first review of the subdivision code. Staff and the City Attorney have reviewed
the subdivision code the last 5-6 months to make the ordinance easy to understand and apply for the users
as they look to subdivide their property. He stated that subdivision is the act of creating a new lot. A plat
is the document that shows that new lot. People often use the terms interchangeably, so the modification
will try to correct that issue. State statute identifies what a subdivision is, so Staff looks at what those are
and provides a review process for those types of scenarios. There are definitions in the zoning ordinance
and the subdivision ordinance, which are both part of City Code. They don’t always match, which is
maddening for both Staff and the public. Staff looked to combine those where they could.
State statute talks about the Community Management Plan or the Comprehensive Plan. When the Comp
Plan was approved last year, they created and identified a Community Management Plan, so a definition
was created in the code which links the Community Management Plan which, in effect, is a
Comprehensive Plan; and they made it link to their subdivision code.
He said they removed the classification of subdivisions. The Class 1, 2, 3 designations were based on if
there were any public or private improvements. The vast majority were Class 3. Now there is one
classification and one process. He noted that State statute allows a minor subdivision process, where you
are creating four or less lots and no public improvements, and it is a simpler process to get a subdivision
improved. In those situations, the Planning Commission meeting is skipped and it goes straight to the
Council for review. He does not recommend doing that because most of our subdivisions are four or less
lots and would fall within that criteria. Also, some of the 1-2 lot subdivisions create a considerable
amount of public interest, and he would prefer to keep that at the Planning Commission level for the
public hearing. He is open for comments on that issue.
This draft requires all subdivisions to be done as part of a plat, trying to avoid a metes-and-bounds
description which creates challenges down the line for the future owner and the City if there are any
modifications to the property line or any easements. It may not pay dividends immediately but will do so
going down the road. The draft also adjusts the security for plat improvements. If someone has a
subdivision and is required to build a road or do a stormwater management plan, they incur cost.
Currently, the security requirement is 150% of the improvement cost; Staff is recommending it drop
down to 125%, which is more in line with industry requirements.
Staff has a proposed removal of the different requirements for non-residential subdivisions. 99.9% of the
subdivisions are for residential. He also pointed out the code prohibits flag lots but does not define what a
flag lot is. Usually a flag lot means the buildable portion of the lot is in the shape of a flag and the
flagpole is often the access point. The proposed ordinance defines what a flag lot is.
The Conservation Design Plan is required for most subdivisions that are over three acres or have a density
of more than one unit per acre. Staff is proposing redefining what the triggers are. If someone is doing a
residential subdivision more than five acres in area and guided for urban density or is more than three
units an acre, a Conservation Design Plan is needed. He thinks they are more reasonable in terms of
impact to the natural environment. They did not change what is involved in a conservation design, just the
triggers. He referenced recent subdivisions such as the YMCA property and 690 Brown Road would still
trigger a Conservation Design Plan. He noted it would apply to subdivisions that have an impact to the
natural environment or are part of the character of a given neighborhood. Many 1-2 lot subdivisions likely
would not require a Conservation Design Plan.
Ressler asked if this document is amending things so it would not be required but the Planning
Commission could still request/require it during deliberations.
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Barnhart said this requires it in situation A or B; situation C allows the Council to waive it, which would
likely be part of a sketch plan. He stated there is not a mechanism to require it if one of the triggers are
not met. If that is important to the Planning Commission and/or City Council, the trigger can be lowered
or provide an avenue where, if it is a defined unique feature, it would be worked into the area. He
reiterated that A and B establish triggers, and C allows the Council to waive those in situations where a
Conservation Design Plan does not necessarily add to the subdivision review process. He noted that
anything that is added as a requirement translates to cost for the developer and end-users, and the Comp
Plan tried to address/identify ways to avoid unnecessary expenses if possible. Some situations, such as
those listed, translate to a requirement; the other ones probably do not. He noted that Erickson commented
on the cul-de-sac question, and he would look into that more. One line suggests cul-de-sacs are
prohibited; the next line says if you have a dead-end street, you have to have a cul-de-sac. There is a
distinction. There is the temporary dead-end street and eventually the road will continue, or a permanent
dead-end street or permanent cul-de-sac. Staff will clarify that in the future drafts. He does not
recommend adopting the minor subdivisions changes, but it could be revisited over the next couple of
years. He noted there is an appeal process in the code. The Planning Commission is the body to listen to
appeals from the zoning ordinance; he recommends the Planning Commission also be the appeal process
for the subdivision code.
Gettman noted the conservation design goes hand-in-hand with the park requirements. He said Barnhart
mentioned looking at the Plymouth model and asked if Barnhart was able to expand on that.
Barnhart stated the comment about the Plymouth model was made by the City Attorney. There is going to
be a point in the near future where the City will need to review/revise the mechanism for how park
dedication is extracted, as it should be reviewed every 7-10 years. He is not proposing changes to park
dedication at this stage. That requires quite a bit of study.
In addition, he asked if the City Council/Planning Commission wished to define appropriate street tree
types, that some cities have a list of allowable trees they want planted in their right-of-way. He noted if
the Planning Commission has a strong opinion either way, he would be happy to incorporate that into the
document.
Bollis noted, in Section 82-83, the 120-day language is being removed. He is curious what that reverts to.
Barnhart said it is the City Attorney’s opinion that if it is in the State statute, the City does not need to
restate it. The City has 120 days to act on a preliminary plat application. For a final plat, it is 60 days; the
final plat can be extended another 60 days by notice before the first 60 days expires. That is written in the
State statue and the City is purposely not restating what the State statute says.
Bollis said, in Section 82-84, Line 623, it is saying the City Administrator shall classify the proposed
subdivision in accordance with Section 82-15 but that the City is doing away with the classification.
Barnhart thanked Bollis for catching the error.
Bollis asked, in Section 82-112, Line 727, Item c, if he was correct that that is currently not in the code
but is additional.
Barnhart stated if the information is underlined, it is not included in the code.
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Bollis said he is not in favor of adding additional requirements upon Applicants.
Barnhart referred to the language: “Where the subdivider is the owner or intends to attempt to acquire the
property adjacent to that property which is being proposed for the subdivision, the Planning Commission
may require that the subdivider submit a sketch plan of the remainder of the property so as to show the
possible relationships between the proposed subdivision and any future subdivision,” and stated the idea
is more of a comprehensive planning approach to a piecemeal subdivision as far as how it fits together so
the City knows where roads should continue through or if they should, how stormwater is managed, etc.,
to get a sketch plan.
Kirchner referenced the language, “Where the subdivider is the owner or intends to attempt to acquire,”
and asked how the City determines that someone has submitted their sketch plan and gotten approval for
the lot and now the person bought the lot next door, but at the time they submitted that application and got
approval, they were not intending to purchase the other one. He said it seems difficult to enforce or have
guidance.
Barnhart stated it is more for the situations where the property owner comes forward and says, “I own this
property and am going to try to acquire the next-door property and this is my subdivision,” rather than
doing a subdivision and five years later you buy the neighboring property. The intent is for when a
property owner is looking to add to it and then subdivides the first property.
Ressler asked Bollis if he could expand his position.
Bollis said it is personal to him because it came up in an application he had -- multiple lots next to each
other, no intention of subdividing one -- but the way it is written, if someone applies to subdivide a lot,
the City can require them to produce a sketch plan for a piece of property they have no intention of
subdividing, which does not seem to make any sense and could possibly pigeonhole the property owner
into a sketch plan for that piece of property which has no intention of ever being subdivided. He noted it
is appropriate to ask that of an Applicant but it should not be a requirement.
Barnhart clarified that it is a “may require” versus a “shall require.”
Bollis stated with the current language the Planning Commission could say, “We see that you own
adjacent property over here; we want to see a plan for that property.”
Barnhart said that would only be if the property owner indicated an interest in acquiring the property.
Bollis noted it is written as “or currently own it.” He does not agree with it; it does not make sense to him.
Ressler asked if, as currently written, they would have the ability to mandate it in the deliberation of the
application in the event of subdivision, so at least that could be a trigger if the subdivision application
came in.
Barnhart said the Planning Commission does not have the authority to require it. The Council would have
to ultimately say yes, they need to see the plan. The language gives the Commissioners more power to
look comprehensively at changes occurring in the neighborhood. If the language is not included, the
Commission does not have the right to ask for the additional information.
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Ressler clarified that he meant the City, not just necessarily the Commissioners.
Barnhart said it could be misused by Commissioners that try to overreach, but he thinks that is where it is
a check-and-balance. If the Planning Commission requires it because of what the Commission is seeing as
an application, the Council could ultimately say they do not need that type of information.
Libby commented that his reading of the language, having dealt with a number of circumstances like this
hands-on, the expression of the intention, as it is stated, is essentially also an expression of intent with the
idea that there are so many variables that can happen in these circumstances practically that this leaves it
open for the Planning Commission to look at a number of different circumstances in cases. It is not a
simple block of lots. He said there was an example recently before the Planning Commission where an
Applicant was talking about a similar situation. He has seen it happen so many times that he likes and
favors the language, because it gives enough latitude to the Applicant and how they state what it is they
are trying to accomplish through the sketch plan, and it gives the Commissioners the ability to have that
same sort of flexibility from an advisement and decision-making to advise the Council. He thinks it is
appropriate and prudent language.
Barnhart stated a sketch plan is looking at a comprehensive idea of what could happen in the area and
provides some additional information; the preliminary plat will not include property that you don’t own.
Libby said the reason he brought it up and stated it the way he did is because he’s had numerous
circumstances where there have been non-buildable outlots that still contributed to the ability to be able to
do a subdivision.
Ressler noted he appreciates the discussion and thought Barnhart did as well. One thing he likes about the
“may” is that it does not make it a requirement and it looks like the discretion falls on the Planning
Commission, which allows the Commission to have discussion over the feasibility of it. He appreciates
that as well because it becomes a collective vote rather than one discretionary Staff member having to
make the decision.
Bollis asked, with the way the language is written, if the Planning Commission is expecting the Applicant
would submit an entire new process for the additional piece/lot. He reads it that way, that they must
submit a sketch plan for the remainder. It would be another application for a piece of property they have
no intention of doing anything with.
Barnhart said that was not necessarily the case. He sees it happening one of two ways. Scenario one,
through Staff discussion, it will be noted there is a logical extension of whether it is a stormwater
treatment or a road network that ends at the hard property line and the property owner has indicated their
intention to acquire that property. Staff might advise them to include as a sketch or concept the other
property so Staff can better understand how everything works together. Scenario two, the Planning
Commission, knowing more about a given neighborhood/property than maybe Staff does, may note that it
looks like an opportunity for a larger park or natural environment retention type of scenario, and the
property owner has indicated an interest in purchasing the property. The Planning Commission could say
they really would like to see that portion of it incorporated in the sketch plan and will table action until
they can see that, and move forward from there.
Ressler stated that is what he was thinking of as well. He tries to not table things because it freezes time
for 30 days. The Planning Commission can provide feedback based on the information they have. If the
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Applicant wants to provide a sketch plan because they think they can influence the Commission’s
feedback, it gives them that choice as well. He thinks the spirit of the language is trying to avoid
unnecessary costs and hassle. In those circumstances, it probably would not be necessary nor required
unless as a voting body the Planning Commission decides it is.
Bollis suggested a tweak to the language so it is not saying they have to actually submit a sketch plan. He
said it could be interpreted that they’d have to submit a separate sketch plan for a piece of property which
would really slow up the application process. He understands it is important if there is a tract of property
someone is trying to subdivide in multiple ways. He understands the intent of it; it is maybe the wording
that he is not okay with.
Barnhart asked if replacing the word “submit” for “prepare” would work.
Bollis said that wording could possibly work.
Barnhart stated, “The Planning Commission may require that the subdivider submit a sketch plan” could
be changed to, “The Planning Commission may require that the subdivider prepare a sketch plan” of the
remainder of the property. He said it is a subtle distinction but he understood Bollis’ point. He reiterated
the idea with the sketch is to prepare an idea of what someone is thinking for a reaction from the Planning
Commission and Council. This tells the Applicant to think about the other issues, which he thinks is
reasonable.
Ressler said he thinks the spirit of it makes sense. Hopefully, Staff is there to give guidance as well if they
are approached to give clarification if there is anything unknown.
Kirchner noted, if the ordinances are held 7-10 years before reviewal, there will likely be a change in
some/all of the members of the Planning Commission at some point and does not want to lose the intent
of the Comp Plan in which they are trying to minimize some of the additional costs. He agrees changing
“submit” to “prepare” gives more leniency. He wants to make sure 4-5 years down the road the Planning
Commission is not requiring the information more often than not and causing additional expense for
developers.
Ressler said that regardless of who sits in the Commissioner’s chairs, it is to the Commissioners’
discretion to decide, and they are here to represent their community. He noted perhaps that is a cultural
change that goes along with the change, and hopefully that represents what Orono wants. Hopefully, it
follows in suit, or otherwise amendments would have to be made again.
Libby noted he wanted to give kudos to the City of Orono for adopting a sketch plan protocol and an
avenue for developers to pursue rather than many communities who do not have a sketch plan protocol.
People then have to expend tremendous amounts of dollars to come up with very highly detailed plats and
surveys to bring those to the Planning Commission/City Council. He sits at the podium as a developer and
builder in many communities and has to talk to the Planning Commission, and they have no avenue for a
sketch plan to proceed through the planning process. He said Orono deserves a vote of great confidence to
its citizens and developers for adopting that protocol and they do a nice job of it.
Ressler commented that the City is going in the right direction as they continue to clean up some of the
Text Amendments, etc.
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Bollis referenced 82-50, Line 528, and stated he is curious why that is being stricken, since it seems like it
gives protection not only for the City but also the public.
Barnhart said the City Attorney commented he had not seen that before and recommended it be removed.
He said he does not believe it belongs in the subdivision code.
Bollis stated he was next to a subdivision that was in violation of this, and the only way to keep them in
good standing would be to hold back a building permit while they were still in play. He said he did not
know if the exact section was used, but he feels like it offers some protection and does not know why it
would be struck.
Barnhart said that would be a question for the City Attorney; he did not recommend the language to be in
the document. He said he could have his notes reflect that Bollis suggested 82-50 be reviewed closer.
Bollis commented that would be great.
Ressler asked, if there is a violation of that application, is it in the form of a legal opinion or a known fact
that is in violation, as the permit would be halted from issuance if there was a violation.
Bollis stated the concern is, once the property is developed and nothing has been built out yet, if the
developer is in violation of something that needs to be corrected, there needs to be some sort of a vehicle
so they can correct it; withholding building permits would be the only vehicle available. He said it looks
like it is pertaining to some other laws, not just the local law, but in violation of the actual subdivision
code that they applied for or the specific subdivision. He noted if that is the case, it may be a moot point
and it shouldn’t be in there. He wanted to make sure the City has control if they are in violation of
something.
Barnhart said that he thinks the City Attorney will say the solution is not through the subdivision code. He
stated the City can’t flat-out revoke a CO if they have granted one. If the City has granted a building
permit under Item (b) for a lawfully-to-be-constructed building, the City can’t revoke that just because
they are in violation of potentially some other consumer protection legislation. He stated Bollis’ comment
is noted and he will ask for additional information.
Kirchner asked if a simple Restraining Order could be applied for to prevent further development or
construction on the site to stop the process. He stated that may be another avenue to pursue if there is a
concern that taking the language out gives the City no leverage/opportunity to do something. Court-
ordered Restraining Orders happen sometimes in civil cases, and a judge could bar any further
construction/development until different criteria are met or a Court date is set.
Barnhart noted that could be done regardless of what the document says and that it has happened in Orono
and it was not that long ago.
Bollis asked if “cul-de-sac” could be defined.
Barnhart stated they could try and thought they did. He said he knows they had that definition in the
language. There isn’t a really good one, but he thought there was one in there. Most of the time when you
see a definition of “cul-de-sac,” you’ll see the “turnaround” that is a key component of a cul-de-sac. That
doesn’t quite get Staff where they want to go, because the Fire Code allows a hammerhead-style
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turnaround, which is great for the Fire Code, but not necessarily for Staff’s purposes, so he added the
word “circular” turnaround. There are requirements in terms of radius and things like that in the code;
they have added that.
Bollis said he sees that is the Minnesota cul-de-sac definition, but the City has changed it to say “circular
turnaround” instead of “appropriate terminal.”
Barnhart said City Staff does not want an “approved turnaround,” they want a “circular turnaround.” For
an approved turnaround, the Fire Code allows a hammerhead. He stated there are developers who will
argue for weeks on what the appropriate turnaround is. Historically, the City has required a circular
turnaround; the language codifies that.
Kirchner asked if there was a definition of “circular turnaround” as far as the dimensions and things
Barnhart was referencing.
Barnhart stated if you look for the definition of “cul-de-sac,” you do not see the word “circular,” you see
“appropriate terminal.” It could be a circular turnaround; it could be a hammerhead; it could be any
number of things. In his experience, what works for the Fire Department, who may need a turnaround
once every five years, does not necessarily work for the garbage truck who needs it weekly, or the FedEx
truck that uses it almost daily. They put “circular” in the language for those types of users.
Kirchner asked if there are specific dimensions outlined somewhere that reference back to what a circular
turnaround is, dimension-wise.
Barnhart stated the dimensions are in the subdivision code.
Bollis said he would be in favor of the language being the State definition, “appropriate terminal.” He
feels if the City is making people go through the conservation design process, there is a great argument
that a hammerhead or a “Y” is better for the environment than a circular cul-de-sac, and so it should say
“appropriate terminal” for that piece of property. Otherwise, there is hardly a point of making Applicants
go through all the design process if they are not picking the piece that is appropriate for that property. He
does not think a circular turnaround is the answer for every piece of property in Orono.
Ressler commented that he remembers that application and being in support of it, but the reason why he
was in support was because the code seemed to demonstrate for a larger development than what the
Applicant’s subdivision was. He thinks the difficulty is getting this into a box when there are so many
variables that can contribute to it. The Planning Commission usually entertains applications as to what
does not fit in the box. In particular, the way it is proposed is the safe approach, which is circular, but if
the application is for the alternative, then it would come in front of the Planning Commission, if he was
not mistaken. He noted he was not giving a position; he was clarifying how it works out in regards to how
it is written.
Barnhart stated there are standards in the section where it outlines the minimum width and the minimum
paved width for roads based on the number of units it serves. Any Applicant or subdivider coming
forward could ask for waivers or flexibility from that, just like they do for lot width standards, because if
the lot width lined up within a wetland, the lot width measurement is pushed farther back and then it
meets the requirement. He noted they did that for the YMCA property a month ago, where the lot width
didn’t meet the strict reading of the requirement. The Planning Commission felt comfortable granting
flexibility for that type of situation because it was on the cul-de-sac road. Applicants can ask for waivers
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or flexibility for any of the standards, and the Planning Commission can judge them as the recommending
body. Now there is a better definition of what the expectation is from the Council. Historically, at least
recently, there have been circular cul-de-sacs. He reiterated the Planning Commission can still support
waivers if a project comes forward that can be justified.
Bollis said that the definition is being narrowed.
Barnhart agreed and said the expectation is being better defined based on more recent activity from the
Council.
Bollis asked if Barnhart was expecting approval tonight.
Ressler noted it was guidance, if he was not mistaken.
Barnhart stated it was the first reading and he is asking for approval, but if the Commissioners were
uncomfortable and would like another month to review it, there is no rush. It could be put on the next
meeting and reviewed again.
Erickson referenced Line 1618, which talks about trees, and said he is fully prepared to argue both sides
of the coin. He thinks the question is well-raised as far as if the Council feels it may be needless,
unnecessary, and so on. His other point is that if the Council should decide they want to continue
regulating trees, he has a couple of suggestions as to how to do it better than what has been presented. The
paragraph beginning with Line 1618 discusses shade trees, which the Department of Natural Resources
(DNR) uses the term “deciduous,” and also, they specify being planted within five feet of the right-of-
way. He has a concern about that, because subdivisions typically have drainage and utility easements in
the first five feet, and he asked if trees should be planted on top of that if there are underground telephone
and electric lines. He suggested going out as far as 15 feet from the right-of-way and then they can put in
a big tree spade and will not hit any wires. Also, starting on Line 1623, there is a fairly short list of
allowable trees which could be longer. He suggested, instead of a limited number of trees, it could say,
“Oak, honey locust, maples, hackberry, birch, hickory, or other deciduous trees recommended by the
DNR for Central Minnesota.” He said the DNR has recommended trees in different parts of the state
according to climate, etc. He noted the whole regulation begins with the word “may'' so it is not a
requirement, but he would be willing to go either way on it.
Ressler asked Erickson if it would be prudent, instead of listing the species, to clean it up and allow it to
point towards the Minnesota DNR acceptable species; therefore, if there was some reason that it was
amended, the City would not have to change the language.
Erickson stated however the Commission wanted to do it.
Kirchner said he is not an arborist and the City should defer to a professional source, being the DNR, in
his opinion.
Libby asked Barnhart if the City of Orono has a credentialed arborist.
Barnhart stated he is sure there is one that resides in town, but not on Staff.
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Libby clarified that he should have said municipality of Orono. He asked, referencing the other
Commissioners’ recommendations, where the language came from. He noted the language was from
someone who felt there might have been a level of expertise at the City and that perhaps now the
language needs to be more general with authoritative expert opinions getting involved.
Barnhart said that part of the code is in place currently. The only change is removing “ash” from the list.
Libby asked if it was old code that has probably been around for a long time.
Barnhart said that is probably the case. He stated he would find a resource for appropriate street trees and
will work that into the next draft, because there may be trees that are appropriate in the Central Minnesota
region that are not appropriate in a street/right-of-way environment. For example, you don’t want
evergreens right next to the street to create vision issues.
Libby stated the DNR’s credentialed arborists are quite astute at making those recommendations.
Barnhart said he would find the reference and include it in the next draft.
Bollis commented that they should refer to the soil conditions on the site; for instance, an oak thrives in
sandy soil but is not going to work well in clay or black dirt. He has seen where they will put in 200 oaks
on a hillside in Orono and they die within the first year.
Libby noted a credentialed arborist would understand the soil combination.
Ressler stated, as far as having specific trees, if somebody plants a honey locust and it develops a disease,
then the City has to amend the text. If the City's code is simplified to have it redirected to someone that is
an expert that is going to be keeping up with the different species that can be added or subtracted, that is
something the Planning Commission can be mindful of.
Libby noted it can cost $4,000 to take down a cottonwood tree that has lived out its life expectancy to 90
feet tall and is ready to come across the community’s power lines.
Ressler said he is not in favor of tabling the matter. The feedback provided has been documented and
hopefully useful for Barnhart and the City Attorney at their discretion for review at the Council. The
Planning Commission can leave it up to the Council if they deem it necessary to come back to the
Planning Commission.
Bollis referenced Line 1746 requiring additional frontage specifically for outlots or lots.
Barnhart stated lot frontage is measured for lake lots at the lakeshore and 75 feet back. That is how you
get to the lot width. There is no minimum requirement for that access on the public street, creating some
problems, notably at Casco Point. The language allows for 18 feet minimum. This is an eight-foot wide
driveway and five feet on either side, the minimum setback for hardcover in most residential zoning
districts.
Bollis asked whether the current minimum is nine or eight feet.
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Barnhart said there is no minimum currently. He stated this is one of the items that they wanted to correct,
because on a lake lot, the City only cares about the width at the lake and 75 feet back. There is no
minimum at the street, and there should be a minimum at the street.
Bollis asked if it only pertained to the Shoreland District.
Barnhart stated it is for each lot. Most of them are going to be above that because their width will be
measured at the building setback line, but mostly this will be applied in lake lots.
Libby asked if the setback line would be started from the center of the right-of-way roadway or from the
edge of the right-of-way roadway.
Barnhart said it is at the property line, so usually at the edge of the right-of-way.
Bollis asked if it could be moved to the Shoreland Overlay District.
Barnhart noted he could but he is not amending the zoning code now. He added that this is where it is
going to come up, because a new lot will be created in the shoreline, and this is where the City would
want it to apply.
Bollis asked about Big Island, where there are platted roads.
Barnhart stated, at Big Island, the minimum lot area is five acres so you are not going to see a lot of those.
Bollis said 18 feet would still be needed onto a roadway.
Barnhart agreed, noting that it would be on a public or private street or access outlot.
Bollis said he is not in favor of adding the language.
Barnhart asked if it would be better if it said “except for the RS zoning district.”
Bollis said if it will only apply on a lake lot, he believed it should be specific to that. He asked why it
would be a problem if he wants to access 20 or 50 acres that are not on the lake and have 18 feet of width
to do it.
Barnhart asked Bollis what his minimum width would be.
Bollis stated if there was a triangular-shaped lot, it could be 16-18 feet at the street and 50 feet wide at the
setback, and he thinks the City is creating an issue.
Barnhart said Bollis is certainly welcome to his comment, but he thinks the City is solving a problem for
at least a minimum to get access without encroaching from a setback standpoint or encroaching on the
neighboring properties. He said he would include Bollis’ comment, but he thinks it is a good section that
should be included in the ordinance as a minimum level of requirement.
Ressler asked if it would be redundant to ask for 18 feet due to setback restrictions and minimum road
widths, using the example of eight-foot driveway/five-foot setbacks. He asked whether that would trigger
a variance application if it did not meet those.
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Curtis stated there is not a current standard. City Staff provided feedback for that application based on
those pieces. She said Barnhart is suggesting to create a standard and it may be bigger than 18 feet.
Oakden added that if someone wants to create a new lot and it is a lake lot and asks how wide they need
to be at the road, right now they don’t know because there is not a standard.
Bollis asked, if this was only going to apply for the lake lots, could there be exempt zoning district areas,
where 18 feet could be the right width for the lots.
Barnhart stated that could be the language; however, he would not feel comfortable with that other than
for the RS zoning district because there is no road. He would apply it to all zoning districts where there is
a road situation.
Curtis said that on a lakeshore lot the City does not allow flag lots, so she does not know how the City
would get there, creating a new lot that has the narrow corridor on the road, if that is the only access
point.
Bollis noted it could have a pie shape of 10-16 feet.
Barnhart stated City Staff would recommend to not approve that. That would likely require some waiver
because, to get to the setback, it would be an irregular pie-shaped lot.
Bollis said it would be a standard pie-shaped lot that fell under the 18 feet.
Barnhart stated, from a Staff perspective, 18 feet is the minimum.
Bollis noted it is currently allowed.
Barnhart agreed that it is currently allowed and that is why they want to put a regulation in place.
Bollis said that is why he is not in favor of the additional language, because he does not think it is causing
a problem right now. He would not be in favor of making it harder and doing 18 feet, especially if the
City is really only concerned about the lake lots with this, because he understands the width could be 50
feet at the lake and taper down to less at the street. He added that it does not make sense to him.
Barnhart commented that he could have his notes reflect that Bollis does not support 1746.
Ressler stated he thinks the 18-foot minimum is reasonable for the calculations and numbers that have
been put in place. If there are situations such as Bollis mentioned and Staff recommends approval, it
would allow the Planning Commission to entertain that as a variance to allow that to be placed. His
understanding of the City Code is to capture as much but not everything as far as situations. If everything
was captured, there would not be a need for a Planning Commission.
Barnhart noted there are processes for variances. It is different from the process for variances through the
zoning code.
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Bollis stated he does not believe the Planning Commission should be adding additional code that is going
to create variances if it is not an issue today. He does not see that it has become an issue. He has not seen
a variance request for it.
Barnhart said Staff has been able to suggest that they do not apply for one and fix the issue. Staff would
be helped with having standards in place in those discussions.
Bollis stated he feels that anytime a number is put on something, someone is going to come in and ask for
something different, such as 25% hardcover and someone coming in to ask for 26%. It says 18 feet; they
are going to come in and ask for 17 feet, 16 feet, etc. He said an issue is being created by adding it in. He
does not see the issue of “snow piling” on current subdivisions and is not in favor of it.
Gettman stated he supports the 18 feet.
Ressler noted, as Barnhart mentioned, the text amendments regarding subdivision is not urgent and could
be tabled. He does not think it would be unreasonable, and noted that is what the deliberation is currently.
Kirchner commented that Barnhart asked for the Commissioners’ opinion on minor subdivisions and lot
splits. He said he agrees with Barnhart that the Commission should not allow for those to happen without
this process and protocol, especially if the vast majority of what Staff is seeing would fall into that
criteria. He thinks it is prudent to keep that in place.
Bollis moved, Kirchner seconded, to table LA19-000065 City of Orono, Text Amendment:
Subdivisions. Roll Call Vote: Ayes 3 (Erickson, Bollis, Kirchner), Nays 3 (Libby, Gettman, Ressler).
Motion failed.
Barnhart stated Staff is not opposed to bringing this back with some of the changes made. It is an
important document in the development of the community, and he does not want to rush it. He does not
have an Applicant coming in and ready to apply this. He will incorporate the changes that he can
incorporate and call out the areas he cannot; the Commission can review it again at the next meeting.
Ressler asked if it was an option to leave it as-is and not make a motion.
Staff would recommend it be tabled and to come back in July.
Ressler stated, based on the feedback, the motion should be re-entertained.
Bollis moved, Kirchner seconded, to table LA19-000065 City of Orono, Text Amendment:
Subdivisions. Roll Call Vote: Ayes 6 (Libby, Erickson, Bollis, Kirchner, Gettman, Ressler), Nays 0.
Motion carried unanimously.