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Home My WebLink About09-14-2020 Council PacketAgenda Council Meeting Monday, September 14, 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 August 24, 2020 2. Council Work Session Minutes of August 24, 2020 3. Claims/Bills 4. Monthly Utility Rates 5. Approval of Rental License 6. Annual Sportsmen’s Gun Club – Limited Use Permit 7. Approval to Accept Donation of Face Masks for Election Judges From Sue Carlson 8. Approval to Accept Donations for Big Island Park 9. Cartegraph Contract Renewal 10. Tree Inventory Grant 11. LA20-000049 – Michael Sharratt, Sharratt Design, o/b/o Kevin & Jessica Finnegan, 3435 Crystal Bay Road, 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. Presentation 12. Proclamation for Constitution Week 13. Proclamation Recognizing National Pregnancy and Infant Loss Remembrance Day Planning Department Report 14. LA20-000030 and LA20-000050 – Eric Luth o/b/o Gordon James Construction, 135 Orono Orchard Road, Preliminary Plat and Comprehensive Plan Amendment – Resolution 15. LA19-000048 – Timothy Whitten o/b/o Irwin Jacobs 2018 Rev Trust, 1700 Shoreline Drive Preliminary Plat – Resolution 16. LA19-000065 – City of Orono Text Amendment Related to Subdivisions Mayor/Council Report City Administrator Report Agenda Council Meeting Monday, September 14, 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 17. COVID-19 Cares Act Expenditures Update 18. Orono Cares for Schools Grant Program 19. Replacement of Rescue Extrication Equipment City Attorney Report Closed Session 20. The meeting will be closed as permitted by §13D.05, Subd. 3(a), to evaluate the performance of the City Administrator, Dustin Rief Adjournment Upcoming Events 2020 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. 10-12-20 Council Work Session, Monday, 5:00 p.m. 10-12-20 City Council Meeting, Monday, 6:00 p.m. 10-19-20 Planning Commission Meeting, Monday, 6:00 p.m. (Richard Crosby) 10-26-20 Council Work Session, Monday, 5:00 p.m. 10-26-20 City Council Meeting, Monday, 6:00 p.m. 11-03-20 General Election 11-05-20 Park Commission Meeting, Monday, 6:00 p.m. 11-09-20 Council Work Session, Monday, 5:00 p.m. 11-09-20 City Council Meeting, Monday, 6:00 p.m. 11-11-20 Official Holiday, City Offices Closed 11-16-20 Planning Commission Meeting, Monday, 6:00 p.m. 11-23-20 Council Work Session, Monday, 5:00 p.m. 11-23-20 City Council Meeting, Monday, 6:00 p.m. 11-26-20 Official Holiday, City Offices Closed 11-27-20 Official Holiday, City Offices Closed MINUTES OF THE ORONO CITY COUNCIL MEETING Thursday, August 24, 2020 6:00 o’clock p.m. _____________________________________________________________________________________ Page 1 of 13 ROLL CALL The Orono City Council met on the above-mentioned date with the following members present: Mayor Dennis Walsh, City Council Members Richard Crosby, III, Matt Johnson, Aaron Printup and Victoria Seals. Representing Staff were City Attorney Shana Conklin, Public Works Director/City Engineer Adam Edwards and City Administrator Dustin Rief. Mayor Walsh called the meeting to order at 6:00 p.m., followed by the Pledge of Allegiance. APPROVAL OF AGENDA CONSENT AGENDA Crosby asked to remove No. 8) Water Tank Maintenance Contract Extension and to add to the Agenda No. 11) Resolution Designating Appointment to the Orono Parks Commission of Vanessa Keller. Seals asked to add No. 12) Removal of a Parks Commissioner Julie Ruegemer. Walsh thanked Vanessa Keller for interviewing today for the Parks Commission and congratulated her and noted they are looking forward to having her at the next meeting in September. 1. CITY COUNCIL MEETING MINUTES OF AUGUST 13, 2020 2. COUNCIL WORK SESSION MINUTES OF AUGUST 13, 2020 3. CLAIMS/BILLS 4. CELL PHONE USE POLICY 5. APPROVE RENTAL LICENSE 6. APPROVE OFFICER TIMOTHY DATWYLER’ S RESIGNATION 7. REQUEST TO HIRE FULL-TIME POLICE OFFICER 8. WATER TANK MAINTENANCE CONTRACT EXTENSION This item was removed from the Consent Agenda. 9. BIG ISLAND DONATIONS 10. LA20-000009 – DON GAMBLE O/B/O RICHARD A AND KIM A EDWARDS, 2480 AND 2474 CARMAN STREET, SKETCH PLAN 11. RESOLUTION DESIGNATING APPOINTMENT TO THE ORONO PARKS COMMISSION OF VANESSA KELLER 12. REMOVAL OF PARKS COMMISSIONER JULIE RUEGEMER MINUTES OF THE ORONO CITY COUNCIL MEETING Thursday, August 24, 2020 6:00 o’clock p.m. _____________________________________________________________________________________ Page 2 of 13 Crosby moved, Seals seconded, to approve the Consent Agenda as revised, with Item No. 8 being removed and Item Nos. 11 and 12 being added. VOTE: Ayes 5, Nays 0. PUBLIC COMMENTS None Edwards addressed Item No. 8 which is a proposal to extend the Water Tower Maintenance contract with SCH Consulting for another 5 years, noting they are the ones who did the paint and restoration of the water tower in 2014 and there has been a five-year contract for annual maintenance since then, which is coming to an end. Edwards clarified the reason the Item was pulled from the Agenda is because they want to change the payment option to the variable five-year plan as outlined in SCH Consulting’s proposal. Johnson moved, Crosby seconded, to approve the variable payment plan for a five-year contract totaling $92,250 and authorize the budgeting of $18,450 each year. VOTE: Ayes 5, Nays 0. PLANNING DEPARTMENT REPORT 10. LA20-000009 – DON GAMBLE O/B/O RICHARD A AND KIM A EDWARDS, 2480 AND 2474 CARMAN STREET, SKETCH PLAN Don Gamble O/B/O Richard A. and Kim A. Edwards, Applicant, was present. Staff presented a summary packet of information. Walsh asked regarding Tract A, even though the lagoon separates it and it’s non-contiguous if code allows to be able to add the land above the lagoon to it. Barnhart answered adding the lagoon would make it the one-acre gross. Walsh said regarding Tract B, the issue is the wetland and asked if they can fill the wetland because they can replace that wetland somewhere else. Barnhart answered he would have to confirm with the Watershed District but his understanding it they can fill that in and because it is 400 square feet or less, they do not have to replace it. If they do, they can identify another location within the Watershed to replace that wetland or buy credits. He said it is a small area and normally when you start filling in a pond there is a sequence, for example, can the wetland be avoided, can it be mitigated somewhere onsite, there are three to four steps in the process. Barnhart noted with a 400 square foot wetland it is not needed to go to those steps which are sometimes a burden to meet, especially in a community where one doesn’t want to impact wetlands. Walsh asked if it’s the Council’s discretion, if they want that to happen regardless. Barnhart answered true. MINUTES OF THE ORONO CITY COUNCIL MEETING Thursday, August 24, 2020 6:00 o’clock p.m. _____________________________________________________________________________________ Page 3 of 13 Printup asked if there is any land there that is used for runoff mitigation from the County Road in the Navarre area. Barnhart answered they haven’t done a lot of engineering yet, but the understanding is that quite a bit of stormwater comes from the shoreline and points North through this property and may impact buildable sites. He said water does come through and he doesn’t believe there is an easement or anything like that to protect that area. Walsh clarified that Tract B meets everything assuming that the wetland gets resolved. Barnhart answered true. Walsh asked Barnhart to explain the width issue with Tract A as he didn’t quite understand the specifics. Barnhart answered when a property owner comes forward and wants to split their property, Staff looks at whether both lots meet the minimum requirements of the applicable zoning district. In some cases, they do and in some cases they don’t, and when they don’t Staff looks at the “why.” Is it because the applicant is not willing to adjust a property line to meet the requirements? Barnhart said in this situation the Applicant is somewhat fixed by the side lot lines and again it’s up to the Council’s discretion whether or not they want to support a subdivision that creates a non-conforming lot. He said the issue or comment he wants to make in regards to this situation is the non-conforming width is what is there now, this subdivision does not improve it, nor does it hurt it. Barnhart said they’d get to the driveway coming up later. This subdivision does not increase the non-conformity nor help the non-conformity in terms of width for the Southern portion of the lot. Walsh said typically or historically the Council doesn’t approve subdivisions that do not meet the current requirements. Barnhart replied for a lot width he cannot remember an approval, and there are other standards in play that Council has supported in the past, the driveway for example. Walsh stated as that is his background statement, what would be Barnhart’s recommendation and why would he and Staff be recommending it. Barnhart answered he doesn’t know if he has a recommendation, the point here is to see if Council is comfortable having a situation where they will create a lot that is non-conforming. He noted most other scenarios where they are creating a non-conforming lot it is an easy and fast no for Staff not to recommend it and Council not to support it. In this situation it’s a little different in the sense that they did not create that as a conformity issue. Johnson stated the question is whether the Council will allow a subdivision on a lot that is already non- conforming to be divided even though it is a lawful non-conforming lot right now. Barnhart answered yes that is very well put and is exactly the question in the memo. Johnson said it’s a non-conforming lot that extends over water to the other side, which has its own repercussions, and asked for example, if someone wanted more hardcover on one side, would they go across the bay to someone on the other side to subdivide. He said it opens up some questions for him. MINUTES OF THE ORONO CITY COUNCIL MEETING Thursday, August 24, 2020 6:00 o’clock p.m. _____________________________________________________________________________________ Page 4 of 13 Barnhart asked to hear feedback from the Council, noting the Applicant is here and can address any questions. With the Council’s feedback they will come back and the Applicant will decide whether or not to move forward with the project. Don Gamble, 10704 Water Lily Lane, Woodbury, addressed the Council and noted it’s been a long, strange time since March but they have endeavored to move forward while addressing everything that is possible. Two years ago, this process started with the City and they were looking at lots on the North side having different half-acre zoning and were looking at something entirely different. He stated they’ve been following the guidance to subdivide the lots and noted the driveway services two homes but it runs across a third property to get to the road and that is part of the problem, which is kind of an unchangeable problem. He also said until the first meeting in March, they didn’t realize they could use land North of the lagoon to satisfy the one-acre and that is what they’ve attempted to do here. Mr. Gamble said they have talked about the wetlands with the District and they responded that 400 feet is no big deal. They also talked about vacating all the wetlands and offsetting and other things and the District said that is a little bigger process. Therefore, this is the process to see if they can even subdivide the lots, and if they can, they will certainly work hard with the Watershed District to see what they can do right and the best way to offset if needed. He noted one of the things found in looking at records was when a culvert was put in under County Road 15, it changed the routing of water off of this property – water does not flow across it, but instead flows through the neighbor’s yard. Regarding the little inlet that goes up and hits the lagoon right on the property line, he said he’s gone out and stood there and it has been a rainy season and he has not seen water flowing across it. He said they will address the water flow, the wetlands with the Watershed. He stated again, they moved forward because they would like to see what the outcome will be, and this is the far simplest layout they’ve come up with. He stated they and are looking for some feedback for the owner. Walsh asked Mr. Gamble what he thinks the Council’s biggest challenge is to make a decision on tonight. Mr. Gamble answered, to him - and he has been before this Council and many others - it sounds like the challenge is: is the Council setting some kind of precedent by allowing this or not. He said the idea of grabbing a chunk of land from across the bay never would have occurred to him and noted he is not sitting in front of issues like the Council is all the time. He clarified that until after the March meeting and after talking to the attorneys, did they even find out that it was possible to do use land across the bay, and for two years in talking to Staff he was told they couldn’t use land North of the lagoon at all. He said the benefit of this is the City is getting one-acre lots in an area where they will be the only ones. Mr. Gamble said the fact that there are some funny parcels North, the actual parcels they are creating are actually very viable, very usable and a benefit to the community, noting it is half-acre zoning up there and he was a little surprised that they couldn’t just subdivide them off but he has learned a lot. He said he can understand the challenge for the Council; however, it would be a shame not to figure out how to utilize these lots because if there isn’t some way of configuring it, then that parcel of land is basically locked up until something is allowed. He said he hasn’t pursued anything else and thought he’d put it before the Council last time asking what they would like to see. He noted the owner is trying to come up with something the City will allow, stand behind and that is of value. Mr. Gamble stated they’ve worked within the confines to make it as good as they can and the reason they’re still discussing it is because it’s a sketch plan review and they are still open, but want to move forward with what the Council thinks they can allow. MINUTES OF THE ORONO CITY COUNCIL MEETING Thursday, August 24, 2020 6:00 o’clock p.m. _____________________________________________________________________________________ Page 5 of 13 Walsh said it’s certainly a unique piece of property and that is part of the challenge they are trying to grapple with, because even when they divide the land it doesn’t solve all the issues one normally wants to solve in a subdivision. He said especially with the weird configuration of the land and the width issues, some of that is going to suffer. Walsh stated it looks like the Applicant has come a long way and he recognizes what Johnson said regarding whether you can grab land across the water; whether that’s reality or not, he is not sure. Mr. Gamble said this is all one lot and he doesn’t know how they look at the land under the lagoon, it’s a contiguous lot through that lagoon and it isn’t grabbing land from somewhere else to make it work, it is taking the lot that is actually there. Walsh said it’s completely separate, and it would be like having a pond and you can’t get to the other land, noting it’s kind of like Fletcher’s, as they have the little island and you can’t get there unless you get on a boat and get to the island to get picked up. Mr. Gamble said he remembered the bridge they put in once and said he thinks they had to take it out as it blocked the waterway. Walsh said technically they could almost say the same thing, if it’s one parcel and one PID (Property Identification Number) and the property owner could say they own everything underneath the water and it’s connected so it’s a similar thing. He said when it’s completely displaced by water it’s hard to make that mental connection. Printup said between Togo Road and Northern Avenue they ran lots going through a wetland, rather than making the wetland an outlot, so the properties were a little bit smaller. Instead what happened is the properties went right through. He asked how you would get to the other side, he doesn’t know. However, the properties sold and he thinks they are being built on to this day, noting it’s a very strange setup down there. Walsh said the Applicant is very close to having it all work and then they wouldn’t even need to be here before the Council. He said he asks himself the question, knowing that this has a couple of things that don’t quite meet what a subdivision would be without having a variance, what is the reason he would say OK to this and he wouldn’t say OK to anything else. What is creating that practical difficulty that would say this is the exception to the rule because it’s so unique, for example to say the Applicant has gotten 95% done but just can’t get the last 5%. Walsh said he doesn’t know if he has that answer yet as this is so unique. Crosby stated he thinks the land on the other side of the water is something he could not get past. He thinks of his own lot and he is on a lagoon, but it would be like him trying to own a piece on the other side, it just doesn’t make sense. There is no land to get there. Johnson said even if they take the lagoon out and someone comes to the Council and says they have a non-conforming lot and they’d like to subdivide it, they would say no because they will not allow a further intensification of something that is already non-conforming. He said this is a terrific piece of real estate and they have exceptional privilege for hardcover, noting he saw the hardcover calculations for one but not the other. He said if they run the calculation for just the South part, they are over 25% hardcover for the amount of area they have there. Johnson stated that it comes down to the fact that it’s non- MINUTES OF THE ORONO CITY COUNCIL MEETING Thursday, August 24, 2020 6:00 o’clock p.m. _____________________________________________________________________________________ Page 6 of 13 conforming and if someone else came with a non-conforming and said they meet everything, but – Johnson said the “but” is what holds it up. Walsh said they had some recently were there was a non-conforming line and someone wanted to change the line to make it an even worse non-conforming and the Council said they do not do that, noting one can make it better, but not make it worse. Crosby stated they make it more conforming, not less conforming. Johnson said that is why it’s a hard thing for him to ever get behind approving something that is already non-conforming. Mr. Gamble stated that is exactly right, it is non-conforming the way it sits, and there is nothing that will make each lot conforming. The subdividing of the property is not worsening it at all that he sees, it’s just providing another buildable site on a piece of land and gives it some purpose. Otherwise, like they’ve mentioned, it’s like the island at Fletcher’s. In this case, he said it’s even a separate code and at some point, the City Council said this is different and at some point, the group looked at zoning and zoned this separately from the peninsula houses. Walsh noted that was before their time. Johnson stated the North side is zoned differently. Mr. Gamble said it is zoned half-acre, so it’s a different zoning entirely. Walsh said part of the catch is that they are not trying to create more lots just to create more lots, and noted the Council has been pretty hard on following the rules and if it’s stuck, it’s stuck. He said they have tried to solve some problems. Printup said to Johnson’s point, the Applicant can still use that calculation to benefit the other side of the lagoon. Barnhart replied and said, except that there is the 0-75’ zone that will impact what they can do on that lower portion, so they may allow for more of a calculation of hardcover or they may be constrained by their proximity to the lake. Johnson noted the entire property is in variance. Barnhart said yes, the whole property is in variance. Printup noted they are used to it. Walsh said he doesn’t think that is the inhibitor, it’s just that they’re in the starting block that there is a non-conforming property. Mr. Gamble said that is not unusual in the sense that the Council has moved property lines and done things with non-conforming lots to improve both lots, not creating a new one to do that, and this isn’t MINUTES OF THE ORONO CITY COUNCIL MEETING Thursday, August 24, 2020 6:00 o’clock p.m. _____________________________________________________________________________________ Page 7 of 13 creating non-conformity. He said not doing anything isn’t fixing the situation as far as what exists around the lake. Walsh said it sounds like there are two non-conformities. Barnhart said he’s hearing some discomfort from the Council in terms of creating a lot that will be non- conforming from a width standpoint. He said there is also some discomfort on having some buildable portion north of the lagoon. He said that takes care of it from a guidance standpoint for this tract. On the next page of the packet (Lot 1), Barnhart said it obviously conforms from an area and width standpoint, but Lot 2, if they read the Code very strictly, frontage on the lake needs to be 100 feet or 140 feet depending on where that line falls, noting this line would not fall. He said if the Council is not comfortable with the layout that shows this type of “finger,” he would like to hear that and then he can advise the Applicant. Seals asked to go to the Hennepin County Property Map hybrid model and pull up the address to see the visual. Walsh said typically they tell people to come back with a subject that meets everything and they’re ready to roll, but he doesn’t think this can do that. Mr. Gamble said that is part of the question he had in March, where do they go from here and that is why they got the legal advice and found they could use land North of the lagoon to qualify to get the lot to one-acre, which is unique, noting that the majority on Lake Minnetonka are not an acre. He said they did meet that and the second lot meets the 140-foot width on the front and he believes the zoning on the back only has to be a 100-foot width. Walsh stated he doesn’t mind having any hoops an Applicant has to jump through to get it to conformity, but it’s still not conforming. Barnhart said it would be the width on existing Tract B and potentially the width on the new Lot 1 on the other side. He noted there is a boundary between LR1C1 and the other zone. Crosby asked if the Northern lot has buildable size. Seals asked if you combined those two as one does it make it conforming. Barnhart stated the two Northern lots are both conforming now, he noted where they’re rubbing up against an immovable object is the two lots to the South of the lagoon and trying to make them conforming. Short of acquiring land property from the West, which is not under the control of the Applicant, they cannot make those conforming. However, it’s not uncommon where a property owner doesn’t have quite enough and may need to negotiate with a neighboring property to acquire additional land. Crosby asked if the same owner owns the lot to the North. Barnhart answered no. MINUTES OF THE ORONO CITY COUNCIL MEETING Thursday, August 24, 2020 6:00 o’clock p.m. _____________________________________________________________________________________ Page 8 of 13 Printup clarified there are two different people altogether and the only one the Council is looking at is on the right of the map on screen and above it. Barnhart stated the problem is the lower lots. Crosby said they need those portions to be somewhat conforming even though they’re non-conforming, and asked if that is correct. Walsh noted they are currently conforming, but they want to subdivide. Barnhart clarified that one is non-conforming right now, noting the one on the left of the map on screen is non-conforming because of width. Walsh said once they start subdividing, they are at 50% of the four lots being non-conforming. Mr. Gamble noted the one on the right onscreen has the acreage requirement and the new lot is 100 feet wide and meets the zoning requirement. Barnhart said he thinks what Walsh is referring to is the “finger” that goes North of the lagoon as it is 25 feet wide and the requirement, even if it’s a favorable zoning location, would be 100 feet. Mr. Gamble said that is part of the South lot, rather than the North lot. Barnhart agreed that it is, but it’s also lake-frontage and that’s where the minimum width would come in. He said this lot has four frontages, which they do not see a lot of. Crosby asked to clarify that Lot 2474 is non-conforming and Lot 2480 is conforming. Barnhart answered yes. Johnson noted to make the split it becomes non-conforming because the “finger” goes up the side and does not meet the lake width. Crosby asked if the Council has ever done this in the past, noting that right now for conformity, they are calculating the land North of the lagoon. Barnhart answered yes, they are including some of the land North of the lagoon for both lots. Crosby asked if it’s a possibility to combine them into one lot, although that obviously wouldn’t be a lakeshore lot. Walsh stated you just can’t get four lots out of it. Crosby agreed. Barnhart said he thinks the challenge with this parcel is where the boundary line is for Lot 2474 south of the lagoon. He noted they are limited by that amount of land and they cannot create or add more land to MINUTES OF THE ORONO CITY COUNCIL MEETING Thursday, August 24, 2020 6:00 o’clock p.m. _____________________________________________________________________________________ Page 9 of 13 make it wide enough and that is ultimately the issue. He said if they had another 20 feet perhaps, there would be space for four lots. Seals noted she thinks the Council is in agreement that they do not see four lots, but are trying to help the Applicant find three lots. Crosby noted on the map if they drew a line across the top lots, could the top half possibly be a lot off of shoreline, it would not be a lakeshore lot, if it’s big enough to be conforming. Then they would be talking about a total of three lots rather than four. Walsh said they’re trying to give guidance but the Council doesn’t need to design it. Crosby said he understands that and he’s asking if that is a possibility to basically put the two half lots together to make one lot off of shoreline. Barnhart said that is similar to what was proposed in March and the issue is not the area North of the lagoon, the issue is that the amount of land on the peninsula and the amount of land where the boundary line is constrains the subdivision of this lot because there is not enough buildable acreage South of the lagoon with the required width. Earlier, Staff had identified a potential of combining both of those lots to create one conforming lot, and then they’d have two lots on the North for a total of three. He said that’s the best way they can do it, but looking at it, there are two separate property owners and they’d have to work together on getting to that point, or acquire additional land from the private residence to the West to get the area and width. Short of those things happening, Barnhart doesn’t see a subdivision happening here. Walsh said Barnhart hit it right on the mark: they just don’t have enough land to the South to make it work. He stated if the owners can figure it out and combine to get three lots that may be the best option. Mr. Gamble asked if they look at 2480, and move the boundary up so there is not 125-foot width, then there would be a buildable lot to the North off Shoreline Drive, if they meet all the width and square footage requirements. Walsh said if they meet all the requirements, they don’t need the Council. Barnhart stated if Lot 1 was North of the Lagoon and was not a lake lot, he believes it would meet the requirements. Mr. Gamble said he likes hearing the Councilmembers speak among themselves and it furthers the depth for the Applicant. Walsh noted it is a unique situation and if they can get something worked out, the Council is all for it, but it has to fit in the box correctly. Printup asked to see the map onscreen and located a wetland, noting there are lots that go straight through the wetland. Johnson noted that is a wetland, not a lake. Printup answered that trying to make it fit in the box, sometimes doesn’t work. MINUTES OF THE ORONO CITY COUNCIL MEETING Thursday, August 24, 2020 6:00 o’clock p.m. _____________________________________________________________________________________ Page 10 of 13 Walsh noted that lot actually had wetlands that one could get through, but just couldn’t build on. He said he remembered that coming through the Council. MAYOR/COUNCIL REPORT Crosby congratulated his daughter and Johnson’s daughter on purchasing their first homes, noting their kids are growing up. Printup said good luck to the former police Officer Timothy Datwyler, who is leaving the department and thanked him for his service. He also noted hiring a new police officer will be exciting and a good addition. He noted he had a great trip in South Dakota. Seals thanked the Fire Department for putting out a blazing boat fire on Lake Minnetonka. Crosby said the boat fire made “Boneheaded Boaters of the Week” (nationwide clip). He encouraged all of the boaters to run their blowers, it’s very important. He said the Fire Department did a great job and were able to save all the boats nearby. Seals noted she is still getting emails regarding the water bill and said the City hasn’t communicated it well. She read an email she received which read: “We’ve been blindsided and burned by water so hard and in fact, impossible to budget when your quarterly bill was $15,000, that was a 100% increase over last year [Seals noted the July bill used to be $4,500). We have been told two reasons; one is that the City did not get enough money that they usually do in their water budget. [Seals noted that is not the case.] We were told it went into roads and bridges [Seals noted they love their roads but that is not where the money went.] Second was that Orono charged the multi-dwelling buildings to a higher bill, possibly to keep at bay more of those types of dwellings.” Seals said communication between the City about utilities and the impact on residents is lacking and Seals said this is something they own and it’s not good, noting there are future increases coming and they need to really debate. Walsh said the future increases are really small, except for the Met Council. Seals noted there is one more big increase. Rief stated this year is was 20%. Walsh stated the Met Council was 30%. Johnson noted the “blindsided” comment is the part that is tough. Seals noted the amount is the amount, but then there is the fact that the City isn’t communicating very well. Seals also noted another issue is Mediacom, noting they are not a good vendor to Orono in so many ways. She stated she’s heard the complaints year after year and she thought, how bad can it be…until it happened to her when she was presenting to the President of her company and it all died. She said she gets it, it happens. However, what is more painstaking, and she cannot imagine what their residents are thinking, is when the company says “No ma’am, we’ll come out in a month to look at it.” She said the funny thing is it turns back on at 10:00 p.m. at night and is active all night long and then around 9:30 a.m. MINUTES OF THE ORONO CITY COUNCIL MEETING Thursday, August 24, 2020 6:00 o’clock p.m. _____________________________________________________________________________________ Page 11 of 13 it shuts off again. She said the point is, this is unacceptable, especially in the environment they live in today to tell residents they will come out in a month to see if they can fix it, noting that doesn’t necessarily mean it will be fixed. She said she doesn’t know if the Council needs direction or to look at other options, but many residents are working from home, she can’t be the only one. Seals noted she sees people ranting and raving. Crosby stated he’s had friends and residents tell him they need other people in there. He knows it’s a difficult task and they’ve gotten a lot done in the first terms, but this has got to be something the Council gets accomplished in this term. It’s not that they won’t get it done, they will get it done. He said they need to help get someone else in the City, Comcast or anybody, noting when they’re making Comcast look good, they’ve got problems. Seals noted she had Comcast when she was in St. Paul and she thought it couldn’t get any worse, noting she was wrong. Crosby said he gets it, they are a rural area, but they need to get competition out in Orono and that needs to be one of the major things they work on. Rief said he’s been in contact with a couple of residents on different sides of the City and one emailed Rief a summary of his communications with Mediacom and he needs to chat with Attorney Mattick on whether there’s violation within the franchise agreement. Seals noted she understands that service goes out from time-to-time, but she doesn’t get how the company can say it will be a month before they can come out. Rief stated if the Council gets complaints, please forward them to him as he can get directly to the Senior Vice President and try to address it there. Crosby stated capitalism and competition makes people better. Rief has heard across the board from everyone as far as customer service, Mediacom will come back and do what they need to do within the bounds of the agreement, but he does not think the satisfaction of their service is there. He said he received a voicemail from someone from another company interested in providing internet services so he will set up a time to chat with him and discuss it. Walsh said the Council will see if they call back, noting they’ve had meetings with one of the big ones, and out in Fox Hill around 40 residents paid around $2,000 each to install fiber. Walsh said he met with the company and said Orono could perhaps budget $100,000 a year and do a neighborhood one at a time and start knocking them out and the company was going to call the City back and never did. Walsh stated the company was so excited and then they saw the density and wouldn’t return calls or emails. Printup said it’s worth another shot. Walsh agreed and said it’s frustrating. Crosby said it’s not like the houses in Fox Hill are butting up right next to each other, if the company can get that area done. MINUTES OF THE ORONO CITY COUNCIL MEETING Thursday, August 24, 2020 6:00 o’clock p.m. _____________________________________________________________________________________ Page 12 of 13 Walsh noted regarding Mediacom, two weeks ago his internet was out for a week, and said while Mediacom was fixing someone else down the road, they came and cut his cables. He called the company and they said no, they wouldn’t do something like that. A week later someone came out to his home because it’s attached to his fire system and the guy said “it looks like we cut your wires.” Seals said speaking of fire, she didn’t know if the Councilmembers saw Saturday’s edition that Long Lake got a massive award of $152,000 to replace their breathing apparatus. Walsh noted Orono has gotten a number of grants over time. Seals said this is a big grant and she knows they need their equipment replaced and asked how the City of Long Lake is helping Long Lake Fire to make these things happen. Crosby noted they have to ask and request the grant. Walsh noted the question is if anybody is paying attention. Seals said she looks at Bederwood and their grants and Big Island and noted the money is out there, and it seems silly to leave it on the table, but they should at least ask. Rief stated he thinks they did apply for that same grant with the SCBA (self-contained breathing apparatus) and he said the only difference in the detail that he noticed, and he hasn’t talked to Greg Peterson, but Long Lake’s SCBA gear was 17 years old and Orono’s is 15 years old. He said everything expires at 15 years so Long Lake’s would have been expired and therefore a higher priority, noting perhaps that is why they received the grant versus Orono. He said he has not received an official notification that Orono did not get the grant, but he will check this week. Johnson asked if the City made progress on the land they were looking at. Rief said he has been in communication with one of the Attorneys from Soren Mattick’s firm, he is working through that process and should have some information soon. Johnson said Taylor just passed her real estate license down in Florida if anyone is looking to buy a place down there. Drew has moved from Washington to the free state of Texas. Walsh noted he mentioned the many birthdays in his house at the last meeting and said the girls don’t just get one birthday so it’s like four birthday parties rather than two. He said he had family over on the weekend and spent a lot of time on the water. He noted they have a three week break between this meeting and the September 14, 2020 meeting and told everyone to enjoy the weather and get out on the water and use the blower on their boats. CITY ADMINISTRATOR REPORT Rief noted that Togo Road has been under construction and they’ve made progress on East Long Lake Trail to get the pilings in. Their assumption was around 20-some feet but instead it was 48 feet to get stable ground for the pilings. He just received a draft from Attorney Mattick of what he has labeled as “Orono Cares For Schools Grant,” on how they would help distribute the CARES money and how they can divide the money out to the two largest school districts to help them with some of their expenses. He MINUTES OF THE ORONO CITY COUNCIL MEETING Thursday, August 24, 2020 6:00 o’clock p.m. _____________________________________________________________________________________ Page 13 of 13 said across the road they will receive $98,000 of CARES money and he knows West Tonka got a bit more money but they worked it out equally, whatever they determine that amount is. He noted it’s just the draft form today and he will talk to Attorney Mattick to see if there is anything additional to add before sending it over to the school. He proposed more of a reimbursement type allocation, and noted essentially all of the money must be spent in the CARES Act by November 15, 2020, so the November 9, 2020 meeting will be the last approval of those expenditures. Walsh said they should be spending it before that time as school starts in a week or so. CITY ATTORNEY REPORT Attorney Shana Conklin thanked the Council for letting her join them this evening, and stated she has been with Campbell Knutson for the last 7 years and she works in the background on Orono projects but has not been able to come to a Council meeting in person and said it’s nice to be here. She noted she is originally from South Dakota and is familiar with the area as she drives past Orono on her way to Aberdeen. ADJOURNMENT Printup moved, Seals seconded, to adjourn the Orono City Council meeting at 7:08 p.m. VOTE: Ayes 5, Nays 0. ATTEST: _____________________________________ _______________________________________ Anna Carlson, City Clerk Dennis Walsh, Mayor Orono City Council Work Session Minutes Thursday, August 24, 2020 Council Chambers 5:00 p.m. PRESENT: Mayor Dennis Walsh, Council Members Richard F. Crosby II, Victoria Seals, Printup and Matt Johnson. Staff members present were City Administrator Dustin Rief, Public Works Director/City Engineer Adam Edwards, Finance Director Ron Olson, and City Clerk Anna Carlson. 1.Park Commission Applicant Interview The City Council Interviewed Vanessa Keller for consideration for position of Park Commissioner. 2.Budget Finance Director Ron Olson presented the budget workbook to the City Council. There City Council gave their input regarding the proposed information laid out in the budget workbook. The Finance Director will bring the workbook back with any adjustments recommended by the Council and present it at a future Work Session. The Council also discussed the possibility of bumping up the percentage to approximately 4% for now, to be proactive until they have a better understanding of where the City sits on all areas including permit revenue and other items that may affect the percentage. After further discussion the Council collectively agreed that the top range for a percentage to aim for should be about 3%. Meeting Adjourned: 5:33 p.m. CITY OF ORONO: __________________________________ Dennis Walsh, Mayor ATTEST: ____________________________ Anna Carlson, City Clerk AGENDA ITEM Prepared By: MLU Reviewed By: DJR 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 114647 to 114809, totaling $489,677.72. 3. Noteworthy Payments. Vendor Amount Description of Payment #114708 Dodge of Burnsville $62,434.00 Payment for purchase of police squad #264 and #265. #114734 League of MN Cities $8,417.00 Payment for 2020-2021 membership dues #114747 Minnesota Sodding Co $9,861.32 Payment for Bederwood soccer field seeding and driveway restoration. 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: September 14, 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: 8/25/2020 - 9/14/2020 Sep 10, 2020 02:14PM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount NORTON HOMES 08/31/2020 114361 072220 101-22205 ESCROW REFUND RPS18-000118 10,000.00- Total 114361:10,000.00- WILLIAMS TOWING 09/01/2020 114478 153919 231-45650-436 FORFEITURE TOWING - CASE # OR20005811 155.00- Total 114478:155.00- MN DEPT OF TRANSPORTATIO 09/10/2020 114603 P00010054 101-43000-408 TRAFFIC SIGNAL MAINTENANCE Public Works Department 1,597.10- Total 114603:1,597.10- 2ND WIND EXERCISE INC 08/28/2020 114647 22-049332Q 101-42110-580 FITNESS EQUIPMENT - TRENDMILL Police Department 1,975.00 Total 114647:1,975.00 City of Wayzata\DMV 08/28/2020 114648 082620 101-42110-550 SQUAD #264 REGISTRATION Police Department 27.00 City of Wayzata\DMV 08/28/2020 114648 082620 101-42110-550 SQUAD #265 REGISTRATION Police Department 27.00 Total 114648:54.00 ICMA RETIREMENT TRUST 45 08/28/2020 114649 08272020 101-21705 457 - 8/27/20 1,691.00 Total 114649:1,691.00 International Union Local #49 08/28/2020 114650 080720 101-21707 LOCAL 49 DUES - 8/2020 315.00 Total 114650:315.00 LAW ENFORCEMENT LABOR S 08/28/2020 114651 080420 101-21707 LELS DUES - LOCAL 168 8/2020 1,303.44 LAW ENFORCEMENT LABOR S 08/28/2020 114651 080420 101-21707 LELS DUES - LOCAL 40 8/2020 248.00 Total 114651:1,551.44 MCB BANK - HSA 08/28/2020 114652 08272020 101-21717 HSA 8/27/20 233.34 Total 114652:233.34 MN STATE RETIREMENT-HCSP-08/28/2020 114653 08272020 101-21718 PEHSCP - 8/27/20 2,344.30 City of Orono Check Register - COUNCIL REPORT Page: 2 Check Issue Dates: 8/25/2020 - 9/14/2020 Sep 10, 2020 02:14PM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount Total 114653:2,344.30 NATIONWIDE RETIREMENT 08/28/2020 114654 082720-OBR 101-21705 OBRA - 08/27/20 437.16 NATIONWIDE RETIREMENT 08/28/2020 114654 082720-ROT 101-21705 ROTH - 08/27/20 200.00 NATIONWIDE RETIREMENT 08/28/2020 114654 082720-USC 101-21705 457 - 08/27/20 1,045.00 Total 114654:1,682.16 OPEIU - LOCAL 12 08/28/2020 114655 082720 101-21707 UNION DUES - LOCAL 12 8/2020 574.00 Total 114655:574.00 OPTUM 08/28/2020 114656 08272020 101-21717 HSA - 8/27/20 3,730.20 Total 114656:3,730.20 ORCHARD TRUST-MNDCP-ING 08/28/2020 114657 08272020 101-21705 457 - 08/27/20 1,320.00 Total 114657:1,320.00 POST BOARD 08/28/2020 114658 082620 101-42110-433 POST LICENSE - COLIN PALM Police Department 90.00 Total 114658:90.00 UNITED STATES POSTAL SERVI 08/31/2020 114659 083120 651-49910-322 8/20 UTILITY BILLS Storm Water 225.40 UNITED STATES POSTAL SERVI 08/31/2020 114659 083120 602-49450-321 8/20 UTILITY BILLS Sewer 225.40 UNITED STATES POSTAL SERVI 08/31/2020 114659 083120 601-49400-321 8/20 UTILITY BILLS Water 225.40 Total 114659:676.20 ADVANCED HOME EXTERIORS 09/08/2020 114660 090220 101-22205 ESCROW REFUND 2015-00251 2335 GLENDALE 2,500.00 Total 114660:2,500.00 David Weekley Homes 09/08/2020 114661 090220 101-22205 ESCROW REFUND - RPS-000081 2833 GOLDNE 10,000.00 David Weekley Homes 09/08/2020 114661 090220 101-39615 ESCROW REFUND - RPS-000081 2833 GOLDNE 30.00- David Weekley Homes 09/08/2020 114661 090320 101-22205 ESCROW REFUND RFPS19-000095 500 SANDHI 10,000.00 David Weekley Homes 09/08/2020 114661 090320 101-39615 ESCROW REFUND RFPS19-000095 500 SANDHI 30.00- City of Orono Check Register - COUNCIL REPORT Page: 3 Check Issue Dates: 8/25/2020 - 9/14/2020 Sep 10, 2020 02:14PM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount Total 114661:19,940.00 GONYEA HOMES 09/08/2020 114662 090220 101-22205 ESCROW REFUND RPS19-000122 545 LAKEVIE 10,000.00 Total 114662:10,000.00 Hanson, Tim 09/08/2020 114663 082420 101-22205 EXCROW REFUND LA20-000037 2645 CASCO PT 700.00 Total 114663:700.00 Miller, Charles & Jill 09/08/2020 114664 090320 101-22205 ESCROW REFUND RAS19-000044 1600 BOHNS 10,000.00 Total 114664:10,000.00 NOR-SON Inc.09/08/2020 114665 090320 101-22205 ESCROW REFUND RPS19-000031 1600 BOHNS 10,000.00 Total 114665:10,000.00 ROGER RILEY 09/08/2020 114666 090320 101-34410 ADVANCED PLAN REVIEW-WITHDRAWN BUILDI 110.72 Total 114666:110.72 Santrach, Peter & Melissa 09/08/2020 114667 090320 101-22205 ESCROW REFUND 2017-00425 1700 BOHNS PT 2,500.00 Total 114667:2,500.00 Two Teacher Construction 09/08/2020 114668 082020 101-22205 ESCROW REFUND RAS20-000046 345 SPRING H 1,000.00 Total 114668:1,000.00 Woodhill Country Club 09/08/2020 114669 083120 101-22205 ESCROW REFUND 2017-00778 200 WOODHILL 2,000.00 Total 114669:2,000.00 Zaugg, Derek & Jennifer 09/08/2020 114670 082420 101-22205 ESCROW REFUND D18-000028,RPS18-000117 12 10,000.00 Zaugg, Derek & Jennifer 09/08/2020 114670 082420 101-39615 ESCROW REFUND D18-000028,RPS18-000117 12 60.00- Total 114670:9,940.00 City of Orono Check Register - COUNCIL REPORT Page: 4 Check Issue Dates: 8/25/2020 - 9/14/2020 Sep 10, 2020 02:14PM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount Zehnder Homes Inc 09/08/2020 114671 090320 101-22205 ESCROW REFUND 2016-00640 1255 DICKENSO 10,000.00 Total 114671:10,000.00 A 1 ELECTRIC SERVICE OF WA 09/14/2020 114672 22338 101-45200-404 BEDERWOOD ELECTRICAL Parks 1,871.84 Total 114672:1,871.84 AASEN, DENISE L 09/14/2020 114673 081120 101-41410-104 PRIMARY ELECTION Elections 90.00 Total 114673:90.00 ADVANCED IMAGING SOLUTIO 09/14/2020 114674 422557595 710-49970-413 PW COPIER LEASE 08/20/20-9/20/20 121.76 Total 114674:121.76 All Flags LLC 09/14/2020 114675 987199 101-43000-224 FLAGS Public Works Department 328.27 Total 114675:328.27 ALLSTREAM 09/14/2020 114676 17023591 101-42110-321 PHONE SERVICE 08/23-09/22/20 Police Department 313.31 ALLSTREAM 09/14/2020 114676 17023591 101-41900-321 PHONE SERVICE 08/23-09/22/20 Central Services 438.63 ALLSTREAM 09/14/2020 114676 17023591 601-49400-321 PHONE SERVICE 08/23-09/22/20 Water 73.11 ALLSTREAM 09/14/2020 114676 17023591 602-49450-321 PHONE SERVICE 08/23-09/22/20 Sewer 167.10 ALLSTREAM 09/14/2020 114676 17023591 101-45210-321 PHONE SERVICE 08/23-09/22/20 Golf Course 52.22 Total 114676:1,044.37 APPLIED CONCEPTS INC 09/14/2020 114677 371170 101-42110-580 NEW EQUIMPMENT Police Department 2,966.00 Total 114677:2,966.00 APPRIZE TECHNOLOGY SOLUT 09/14/2020 114678 2002009202 101-41900-319 ADMINISTRATIVE FEE 09/20 Central Services 615.00 Total 114678:615.00 Aspen Mills 09/14/2020 114679 260748 101-42110-226 UNIFORMS Police Department 1,186.36 Aspen Mills 09/14/2020 114679 260979 101-42110-226 EQUIPEMENT-UNIFORMS Police Department 48.50 City of Orono Check Register - COUNCIL REPORT Page: 5 Check Issue Dates: 8/25/2020 - 9/14/2020 Sep 10, 2020 02:14PM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount Total 114679:1,234.86 BAXLEY, RYLIE 09/14/2020 114680 082720 101-42110-319 COMPLIANCE CHECKS Police Department 52.50 Total 114680:52.50 BELLOWS, MAUREEN S 09/14/2020 114681 081120 101-41410-104 2020 PRIMARY ELECTION Elections 195.25 BELLOWS, MAUREEN S 09/14/2020 114681 081120 101-41410-489 2020 PRIMARY ELECTION - PHONE REIMB Elections 10.00 Total 114681:205.25 BENNETT, MARY ELLEN 09/14/2020 114682 081120 101-41410-104 2020 PRIMARY ELECTION Elections 100.00 Total 114682:100.00 BIFFS INC 09/14/2020 114683 W775198 101-45200-415 BEDERWOOD PARK Parks 164.00 BIFFS INC 09/14/2020 114683 W775199 101-45200-415 SUMMIT BEACH Parks 226.50 BIFFS INC 09/14/2020 114683 W775200 101-45200-415 HACKBERRY PARK Parks 133.00 BIFFS INC 09/14/2020 114683 W775201 101-45210-415 ORONO GOLF COURSE Golf Course 210.87 BIFFS INC 09/14/2020 114683 W775202 101-45200-415 CRYSTAL BAY PLAYGROUND Parks 66.50 BIFFS INC 09/14/2020 114683 W775203 101-45200-415 NAVARRE PLAYGROUND Parks 164.00 BIFFS INC 09/14/2020 114683 W775204 101-45200-415 FRENCH CREEK PRESERVE Parks 66.50 BIFFS INC 09/14/2020 114683 W775205 101-45200-415 LURTON PARK Parks 66.50 BIFFS INC 09/14/2020 114683 W775206 101-45220-415 BRUSH SITE Brush Site 66.50 Total 114683:1,164.37 BLUM, DEBORAH 09/14/2020 114684 081120 101-41410-104 2020 PRIMARY ELECTION Elections 95.00 Total 114684:95.00 BOLTON & MENK INC.09/14/2020 114685 0256197 435-48972-304 2019 STREET IMPROVEMENTS 19-001 178.00 BOLTON & MENK INC.09/14/2020 114685 0256198 101-43280-304 LA19-000022 WILLOW BAY SANCTUARY Special Services 1,964.00 BOLTON & MENK INC.09/14/2020 114685 0256199 101-43280-304 LA18-000072 2709 WALTERS PORT LANE Special Services 124.00 BOLTON & MENK INC.09/14/2020 114685 0256200 101-43280-304 LA18-000072 2709 WALTERS PORT LANE Special Services 131.00 BOLTON & MENK INC.09/14/2020 114685 0256202 101-43280-307 LA20-000048 SHORELINE ESTATES Special Services 1,035.00 BOLTON & MENK INC.09/14/2020 114685 0256205 602-49450-305 GIS MAINTENANCE SEWER Sewer 632.50 BOLTON & MENK INC.09/14/2020 114685 0256205 601-49400-305 GIS MAINTENANCE WATER Water 115.00 BOLTON & MENK INC.09/14/2020 114685 0256205 101-43170-305 GIS MAINTENANCE Engineering 460.00 City of Orono Check Register - COUNCIL REPORT Page: 6 Check Issue Dates: 8/25/2020 - 9/14/2020 Sep 10, 2020 02:14PM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount BOLTON & MENK INC.09/14/2020 114685 0256206 101-43170-304 GENERAL ENGINEERING Engineering 312.00 BOLTON & MENK INC.09/14/2020 114685 0256207 602-16500 2020 SEWER IMPROVEMENTS 20-014 4,995.00 BOLTON & MENK INC.09/14/2020 114685 0256208 435-48973-304 2020 STREETS IMPROVEMENTS 20-001 2020 Street Improvements 26,480.50 BOLTON & MENK INC.09/14/2020 114685 0256219 710-49970-401 CITIZEN PROBLEM REPORTER 920.00 BOLTON & MENK INC.09/14/2020 114685 0256225 225-45200-304 EAST LONG LAKE TRAIL 20-029 23,249.50 BOLTON & MENK INC.09/14/2020 114685 0256226 101-43170-304 20-035 PW BLDG FEASIBILITY STUDY Engineering 2,355.00 Total 114685:62,951.50 Bratt Tree Company 09/14/2020 114686 082020 101-43000-408 TREE REMOVAL IN ROW Public Works Department 2,100.00 Total 114686:2,100.00 BRUMMER, CRYSTAL 09/14/2020 114687 082120 234-34781 REFUND - LURTON PARK PERMIT 40.00 Total 114687:40.00 BUSINESS ESSENTIALS 09/14/2020 114688 WO-1085337 101-41900-201 COPY PAPER Central Services 233.10 Total 114688:233.10 CAPITOL BEVERAGE SALES L.P 09/14/2020 114689 2448123 101-45210-091 BEER FOR RESALE Golf Course 479.50 Total 114689:479.50 CARDMEMBER SERVICE 09/14/2020 114690 010920-1 101-45210-201 CLEANING SUPPLIES Golf Course 6.97 CARDMEMBER SERVICE 09/14/2020 114690 070720-1 101-41410-221 COVID 19 - SOCIAL DIST DECALS Elections 150.17 CARDMEMBER SERVICE 09/14/2020 114690 070720-2 101-41410-221 COVID 19 - DIRECTIONAL ARROWS Elections 111.80 CARDMEMBER SERVICE 09/14/2020 114690 071320 101-41110-439 MEETING EXPENSE Mayor & Council 5.99 CARDMEMBER SERVICE 09/14/2020 114690 071320-1 101-41110-439 MEETING EXPENSE Mayor & Council 5.99 CARDMEMBER SERVICE 09/14/2020 114690 071520 101-41410-221 COVID 19 - ELECTION DAY CLEANING SUPPLIE Elections 143.10 CARDMEMBER SERVICE 09/14/2020 114690 072220 101-41410-221 COVID 19 - FACE MASKS/GLOVES FOR JUDGES Elections 1,046.00 CARDMEMBER SERVICE 09/14/2020 114690 072420-1 101-41410-221 COVID 19 - STORAGE BINS Elections 98.88 CARDMEMBER SERVICE 09/14/2020 114690 072820-1 101-41410-240 ELECTION SUPPLIES Elections 51.62 CARDMEMBER SERVICE 09/14/2020 114690 080220 101-41410-221 COVID 19 - SEPERATION BOXES/PENS Elections 19.33 CARDMEMBER SERVICE 09/14/2020 114690 080820 101-41410-439 ELECTION JUDGE WATER Elections 10.00 CARDMEMBER SERVICE 09/14/2020 114690 081120-1 101-41410-439 COVID 19 - MEALS-INDIVIDUAL TO COMPLY Elections 273.05 CARDMEMBER SERVICE 09/14/2020 114690 081120-2 101-41410-439 ELECTION JUDGE FOOD Elections 197.05 CARDMEMBER SERVICE 09/14/2020 114690 081120-4 101-41410-319 COVID 19 - POLLING PLACE SANITIZING Elections 1,925.00 CARDMEMBER SERVICE 09/14/2020 114690 081220-1 101-41410-331 PARKING Elections 4.00 City of Orono Check Register - COUNCIL REPORT Page: 7 Check Issue Dates: 8/25/2020 - 9/14/2020 Sep 10, 2020 02:14PM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount CARDMEMBER SERVICE 09/14/2020 114690 081320 101-45210-201 GOLF COURSE SUPPLIES Golf Course 61.77 CARDMEMBER SERVICE 09/14/2020 114690 082020 101-45200-225 BIG ISLAND DONATION PLAQUE Parks 137.41 CARDMEMBER SERVICE 09/14/2020 114690 082620 101-41300-489 STAFF APPRECIATION - POTBELLY Administration 567.80 CARDMEMBER SERVICE 09/14/2020 114690 082720 101-42110-437 SWAT USE OF FORCE TRAINING - B. SCHOENH Police Department 975.00 CARDMEMBER SERVICE 09/14/2020 114690 090120 101-42110-228 MEALS FOR FIRST RESPONDER TRAINING Police Department 49.02 CARDMEMBER SERVICE 09/14/2020 114690 090620 101-45200-416 BIG ISLAND SECURITY CAMERA FEE Parks 19.98 CARDMEMBER SERVICE 09/14/2020 114690 090820 101-45210-201 GOLF COURSE SUPPLY Golf Course 71.50 CARDMEMBER SERVICE 09/14/2020 114690 090820-1 101-42110-352 PERMIT TO PURCHASE CARDS Police Department 112.50 Total 114690:6,043.93 CARGILL SALT 09/14/2020 114691 2905626676 601-49400-216 SOFTENER SALT Water 5,102.97 Total 114691:5,102.97 CARLSON, JUDY A 09/14/2020 114692 081120 101-41410-104 2020 PRIMARY ELECTION Elections 90.00 Total 114692:90.00 CENTERPOINT ENERGY MAIN 09/14/2020 114693 082420 602-49450-381 1302 SHORELINE - GAS 7/22 -8/20/20 Sewer 18.34 CENTERPOINT ENERGY MAIN 09/14/2020 114693 082420-1 602-49450-381 1222 BRACKETTS PT RD GAS 7/20/20-6/18/20 Sewer 20.75 CENTERPOINT ENERGY MAIN 09/14/2020 114693 082820 101-45210-381 GAS SERVICE 07/23/20-8/20/20 Golf Course 25.52 CENTERPOINT ENERGY MAIN 09/14/2020 114693 082820 601-49400-381 GAS SERVICE 07/23/20-8/20/20 Water 488.12 CENTERPOINT ENERGY MAIN 09/14/2020 114693 082820 602-49450-381 GAS SERVICE 07/23/20-8/20/20 Sewer 308.81 CENTERPOINT ENERGY MAIN 09/14/2020 114693 082820 101-41900-381 GAS SERVICE 07/23/20-8/20/20 Central Services 86.18 CENTERPOINT ENERGY MAIN 09/14/2020 114693 082820 101-42110-381 GAS SERVICE 07/23/20-8/20/20 Police Department 34.78 Total 114693:982.50 Century Link 09/14/2020 114694 081920 101-45210-321 GC PHONE/INTERNET 8/19-9/18/20 Golf Course 231.36 Total 114694:231.36 CHRIS FISCHER 09/14/2020 114695 090220 101-42110-228 LUNCH FIRST RESPONDER TRAINING Police Department 14.15 Total 114695:14.15 CINTAS CORPORATION 09/14/2020 114696 4058857286 101-43000-226 UNIFORM Public Works Department 54.75 CINTAS CORPORATION 09/14/2020 114696 4058857286 101-43000-221 SHOP TOWELS Public Works Department 3.50 CINTAS CORPORATION 09/14/2020 114696 4058857286 101-43000-404 MAT SERVICE - PW Public Works Department 14.40 City of Orono Check Register - COUNCIL REPORT Page: 8 Check Issue Dates: 8/25/2020 - 9/14/2020 Sep 10, 2020 02:14PM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount CINTAS CORPORATION 09/14/2020 114696 4059510770 101-43000-221 SHOP TOWELS Public Works Department 3.50 CINTAS CORPORATION 09/14/2020 114696 4059510770 101-43000-226 UNIFORMS Public Works Department 69.44 CINTAS CORPORATION 09/14/2020 114696 4060185860 101-43000-221 SHOP TOWELS Public Works Department 3.50 CINTAS CORPORATION 09/14/2020 114696 4060185860 101-43000-226 UNIFORM Public Works Department 51.50 CINTAS CORPORATION 09/14/2020 114696 4060710085 101-41900-404 MAT SERVICE - CH Central Services 21.92 CINTAS CORPORATION 09/14/2020 114696 4060710133 101-41900-404 MAT SERVICE - CH Central Services 25.92 CINTAS CORPORATION 09/14/2020 114696 4061085860 101-43000-221 SHOP TOWELS Public Works Department 3.50 CINTAS CORPORATION 09/14/2020 114696 4061085860 101-43000-226 UNIFORMS Public Works Department 51.50 Total 114696:303.43 CITY OF BLOOMINGTON 09/14/2020 114697 2000222 601-49400-489 BACTERIAL WATER TESTING Water 31.50 Total 114697:31.50 CITY OF ORONO PETTY CASH 09/14/2020 114698 082520 225-45200-489 BI VAULT TOILET - SURCHARGE 12.02 Total 114698:12.02 CITY OF WAYZATA 09/14/2020 114699 083120 602-49450-387 AUG 2020 SEWER Sewer 7,046.30 CITY OF WAYZATA 09/14/2020 114699 083120 601-49400-387 AUG 2020 WATER Water 4,345.10 Total 114699:11,391.40 CITYVIEW PLUMBING & HEATIN 09/14/2020 114700 104384935 601-49400-405 RPZ TESTING S. WATER TREATMENT PLANT Water 723.39 Total 114700:723.39 CORE & MAIN 09/14/2020 114701 M899709 651-49910-227 PIPE FOR STORMWATER DRAINAGE - WATERT Storm Water 708.01 Total 114701:708.01 DARLING, LAUREEN 09/14/2020 114702 081120 101-41410-104 2020 PRIMARY ELECTION Elections 90.00 Total 114702:90.00 DELTA DENTAL 09/14/2020 114703 CNS0000523 101-21709 4842130 SEPTEMBER 2020 DENTAL 3,204.13 Total 114703:3,204.13 City of Orono Check Register - COUNCIL REPORT Page: 9 Check Issue Dates: 8/25/2020 - 9/14/2020 Sep 10, 2020 02:14PM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount DIAMOND MOWERS INC.09/14/2020 114704 0183585-IN 701-49800-222 PARTS FOR UNIT 450 252.11 DIAMOND MOWERS INC.09/14/2020 114704 0183764-IN 701-49800-222 PARTS FOR UNIT 450 31.50 DIAMOND MOWERS INC.09/14/2020 114704 0183777-CM 701-49800-221 CREDIT MEMO 9.50- Total 114704:274.11 DIRCKS, ROBERT J 09/14/2020 114705 081120 101-41410-104 2020 PRIMARY ELECTION Elections 170.00 Total 114705:170.00 DIRCKS, ROBERTA 09/14/2020 114706 081120 101-41410-104 2020 PRIMARY ELECTION Elections 170.00 Total 114706:170.00 DITTER INC.09/14/2020 114707 I5611 101-42110-404 BUILDING MAINTENANCE Police Department 1,272.90 Total 114707:1,272.90 DODGE OF BURNSVILLE 09/14/2020 114708 N49129 101-42110-550 SQUAD #265 PURCHASE Police Department 31,217.00 DODGE OF BURNSVILLE 09/14/2020 114708 N49131 101-42110-550 SQUAD #264 PURCHASE Police Department 31,217.00 Total 114708:62,434.00 DPC INDUSTRIES 09/14/2020 114709 827001070-2 601-49400-216 CHLORINE Water 537.00 Total 114709:537.00 EARL F ANDERSON & ASSOC 09/14/2020 114710 0124261-IN 101-43000-224 ROAD CLOSED SIGNS / BRACKETS Public Works Department 896.35 Total 114710:896.35 ECM PUBLISHERS INC 09/14/2020 114711 790915 101-41300-340 ORDINANCE 247 Administration 277.14 ECM PUBLISHERS INC 09/14/2020 114711 791261 101-42110-340 ADVERTISING Police Department 75.00 ECM PUBLISHERS INC 09/14/2020 114711 793020 101-42400-340 SEPTEMBER PH Building & Zoning 62.58 Total 114711:414.72 EDDIES AUTO AND MARINE 09/14/2020 114712 49742 101-42110-402 AUTO MAINTENANCE Police Department 1,529.62 City of Orono Check Register - COUNCIL REPORT Page: 10 Check Issue Dates: 8/25/2020 - 9/14/2020 Sep 10, 2020 02:14PM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount Total 114712:1,529.62 Emergency Medical Products Inc 09/14/2020 114713 2195045 101-42110-240 EQUIPMENT Police Department 59.96 Total 114713:59.96 ESRI Inc 09/14/2020 114714 93893315 710-49970-416 ARCGIS LICENSING 494.00 ESRI Inc 09/14/2020 114714 93893383 710-49970-416 ARCGIS LICENSING 3,013.00 Total 114714:3,507.00 FERGUSON WATERWORKS #25 09/14/2020 114715 0461054 601-49400-489 GASKETS FOR HIGH SCHOOL METER Water 33.36 Total 114715:33.36 FOX, NANCY 09/14/2020 114716 081120 101-41410-104 2020 PRIMARY ELECTION Elections 100.00 Total 114716:100.00 G&H Distributing & Supply Inc 09/14/2020 114717 00146614 701-49800-221 HYDRANT HOSE - UNIT 424 24.03 Total 114717:24.03 GENUINE PARTS COMPANY/NA 09/14/2020 114718 3270-484077 101-42110-402 SQUAD #431 HEADLIGHTS Police Department 28.98 GENUINE PARTS COMPANY/NA 09/14/2020 114718 3270-484435 701-49800-403 BATTERY FOR UNIT 711 122.33 GENUINE PARTS COMPANY/NA 09/14/2020 114718 3270-485042 701-49800-222 UNIT 427 HEADLIGHTS 18.99 GENUINE PARTS COMPANY/NA 09/14/2020 114718 3270-485048 701-49800-222 DI ELECTRIC GREASE 21.38 GENUINE PARTS COMPANY/NA 09/14/2020 114718 3270-485063 701-49800-221 BRAKE LIGHT CONNECTOR - UNIT 471 11.58 GENUINE PARTS COMPANY/NA 09/14/2020 114718 3270-485313 101-42110-402 SQUAD HEADLIGHTS Police Department 46.96 Total 114718:250.22 GOLF MAX 09/14/2020 114719 SI-298466 101-45210-201 GOLF PENCILS Golf Course 238.33 Total 114719:238.33 GOPHER ACE 09/14/2020 114720 2786/1 101-41900-223 COUPLER FOR CH AC UNIT DRAIN WOMEN'S R Central Services 8.99 GOPHER ACE 09/14/2020 114720 2869/1 101-41900-223 LIGHT BULBS FOR COUNCIL CHAMBERS Central Services 15.98 GOPHER ACE 09/14/2020 114720 2903/1 101-43000-224 SPRAY PAINT FOR GRAFFITI - LEAF ST Public Works Department 14.00 City of Orono Check Register - COUNCIL REPORT Page: 11 Check Issue Dates: 8/25/2020 - 9/14/2020 Sep 10, 2020 02:14PM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount GOPHER ACE 09/14/2020 114720 2920/1 101-43000-226 PPE GLOVES Public Works Department 16.99 GOPHER ACE 09/14/2020 114720 2922/1 101-45210-201 COVID CLEANING PAIL Golf Course 4.59 GOPHER ACE 09/14/2020 114720 2928/1 101-45200-223 BATTERIES FOR TRAIL CAMS BIG ISLAND Parks 22.99 GOPHER ACE 09/14/2020 114720 2984/1 101-43000-224 WASP & HORNET SPRAY Public Works Department 23.94 Total 114720:107.48 GRAFIX SHOPPE 09/14/2020 114721 135228 101-42110-550 SQUAD #264 & 265 SETUPS Police Department 1,740.00 Total 114721:1,740.00 GRUNDEEN, JOY 09/14/2020 114722 081120 101-41410-104 2020 PRIMARY ELECTION Elections 90.00 Total 114722:90.00 HAYLEY RAZE 09/14/2020 114723 082720 101-42110-319 COMPLIANCE CHECK Police Department 52.50 Total 114723:52.50 HENNEPIN COUNTY INFOR TE 09/14/2020 114724 1000153715 710-49970-401 NETWORK SUPPORT 9-2020 58.00 Total 114724:58.00 HOUSTON, DEBORAH A.S.09/14/2020 114725 081120 101-41410-104 2020 PRIMARY ELECTION Elections 92.50 Total 114725:92.50 HWAY, ZACHARY 09/14/2020 114726 081120 101-42110-437 MEAL REIMBURSEMENT Police Department 11.70 Total 114726:11.70 ICMA RETIREMENT TRUST 45 09/14/2020 114727 091020 101-21705 457 - 9/10/20 1,691.00 Total 114727:1,691.00 IMA GROUP MANAGEMENT CO 09/14/2020 114728 3184390 101-42110-319 PSYCH TEST NEW HIRE - C. PALM Police Department 650.00 Total 114728:650.00 Invictus LLC - Heidi Knight 09/14/2020 114729 081220 101-32180 REFUND SEP20-000005 SHADYWOOD TO SUNS 100.00 City of Orono Check Register - COUNCIL REPORT Page: 12 Check Issue Dates: 8/25/2020 - 9/14/2020 Sep 10, 2020 02:14PM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount Total 114729:100.00 JOHNSON, ALICIA 09/14/2020 114730 082720 101-41300-433 NOTARY Administration 21.75 Total 114730:21.75 KENNETH N POTTS PA 09/14/2020 114731 090220 231-45650-307 ATTORNEYS FEES 646.50 Total 114731:646.50 LARSEN, FAITH 09/14/2020 114732 081120 101-41410-104 2020 PRIMARY ELECTION Elections 100.00 Total 114732:100.00 Laura Oakden 09/14/2020 114733 082620 101-41300-489 EMPLOYEE APPRECIATION Administration 66.45 Total 114733:66.45 LEAGUE OF MN CITIES 09/14/2020 114734 326565 101-41110-433 2020-2021 MEMBERSHIP DUES - CITY OF ORON Mayor & Council 8,417.00 Total 114734:8,417.00 LINDGREN, SANDRA 09/14/2020 114735 081120 101-41410-104 2020 PRIMARY ELECTION Elections 231.00 LINDGREN, SANDRA 09/14/2020 114735 081120 101-41410-331 2020 PRIMARY ELECTION - MILEAGE REIMB Elections 25.09 LINDGREN, SANDRA 09/14/2020 114735 081120 101-41410-489 2020 PRIMARY ELECTION - PHONE REIMB Elections 10.00 Total 114735:266.09 LINDSTROM, DAVID J.09/14/2020 114736 081120 101-41410-101 2020 PRIMARY ELECTION JUDGE PAY Elections 90.00 Total 114736:90.00 LOGIS 09/14/2020 114737 49176 710-49970-329 BACKUPS 9/20 804.00 LOGIS 09/14/2020 114737 49176 101-42110-310 POLICE RECORDS 9/20 Police Department 7,305.00 LOGIS 09/14/2020 114737 49176 710-49970-329 INTERNET 9/20 509.00 LOGIS 09/14/2020 114737 49176 710-49970-311 HOSTED COMPLIANCE ARCHIVE 9/20 501.00 LOGIS 09/14/2020 114737 49176 710-49970-311 HOSTED SERVERS 9/20 1,093.00 LOGIS 09/14/2020 114737 49241 710-49970-401 FUEL SYSTEM TROUBLESHOOTING 343.75 City of Orono Check Register - COUNCIL REPORT Page: 13 Check Issue Dates: 8/25/2020 - 9/14/2020 Sep 10, 2020 02:14PM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount Total 114737:10,555.75 MACQUEEN EQUIPMENT 09/14/2020 114738 P29639 602-49450-222 VACTOR 2100 PARTS Sewer 186.51 Total 114738:186.51 MANSFIELD OIL COMPANY 09/14/2020 114739 21929097 101-42110-212 UNLEADED FUEL Police Department 1,000.82 MANSFIELD OIL COMPANY 09/14/2020 114739 21929107 101-42110-212 UNLEADED FUEL Police Department 2,070.10 MANSFIELD OIL COMPANY 09/14/2020 114739 21938065 701-49800-212 DIESEL FUEL 1,176.59 Total 114739:4,247.51 MARKUSEN, LOCKIE B 09/14/2020 114740 081120 101-41410-104 2020 PRIMARY ELECTION Elections 100.00 Total 114740:100.00 MATT SILTALA 09/14/2020 114741 081120 101-42110-437 TRAINING MEAL REIMBURSEMENT Police Department 14.60 Total 114741:14.60 MCB BANK - HSA 09/14/2020 114742 091020 101-21717 HSA 09/10/20 233.34 Total 114742:233.34 MERIDETH, MARYANN B 09/14/2020 114743 081120 101-41410-104 PRIMARY ELECTION Elections 100.00 Total 114743:100.00 MET COUNCIL ENVIRONMENTA 09/14/2020 114744 0001113946 602-49450-383 WASTEWATER CHARGES 10/2020 Sewer 51,616.28 Total 114744:51,616.28 METRO WEST INSPECTIONS S 09/14/2020 114745 2527 101-42400-310 INSPECTION SERVICES JULY 2020 Building & Zoning 7,897.00 Total 114745:7,897.00 MINNESOTA EQUIPMENT 09/14/2020 114746 P96630 101-43000-221 CHAINSAW CHAINS Public Works Department 83.80 MINNESOTA EQUIPMENT 09/14/2020 114746 P96630 101-43000-226 PPE EAR PROTECTION DJ Public Works Department 36.21 MINNESOTA EQUIPMENT 09/14/2020 114746 P96736 101-43000-226 PPE GLOVES - B CLARK Public Works Department 19.95 City of Orono Check Register - COUNCIL REPORT Page: 14 Check Issue Dates: 8/25/2020 - 9/14/2020 Sep 10, 2020 02:14PM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount Total 114746:139.96 Minnesota Sodding Company LLC 09/14/2020 114747 9938 101-45200-404 BEDERWOOD SOCCER FIELD SEEDING Parks 9,410.06 Minnesota Sodding Company LLC 09/14/2020 114747 9939 101-45200-404 BEDERWOOD DRIVEWAY RESTORATION Parks 451.26 Total 114747:9,861.32 MN DEPT OF HEALTH 09/14/2020 114748 070120 601-20802 2020-3RD QTR WATER TEST FEE 2,682.72 Total 114748:2,682.72 MN DEPT OF TRANSPORTATIO 09/14/2020 114749 P00010054 101-43000-408 TRAFFIC SIGNAL MAINTENANCE Public Works Department 1,597.10 MN DEPT OF TRANSPORTATIO 09/14/2020 114749 P00010054-c 101-43000-408 TRAFFIC SIGNAL MAINTENANCE Public Works Department 45.69- Total 114749:1,551.41 MN MAYORS ASSOCIATION 09/14/2020 114750 090120 101-41110-433 2020-2021 MEMBERSHIP-D. WALSH Mayor & Council 30.00 Total 114750:30.00 MN STATE RETIREMENT-HCSP-09/14/2020 114751 091020 101-21718 PEHSCP - 9/10/20 2,414.29 Total 114751:2,414.29 Modern Power Solutions LLC 09/14/2020 114752 0488 602-49450-403 LS #14 GENERATOR REPAIRS TASK 30670 Sewer 5,956.48 Total 114752:5,956.48 MOUND TRUE VALUE 09/14/2020 114753 170545 101-42110-240 SMALL TOOLS Police Department 23.98 Total 114753:23.98 MTI DISTRIBUTING INC 09/14/2020 114754 1273718-00 701-49800-403 GREENSMASTER 1000 REPAIR 1,679.46 MTI DISTRIBUTING INC 09/14/2020 114754 1273913-00 701-49800-402 GOLF CART TIRE REPAIR 159.03 MTI DISTRIBUTING INC 09/14/2020 114754 1274095-00 101-45210-223 GOLF IRRIGATION SPRINKLER Golf Course 306.04 MTI DISTRIBUTING INC 09/14/2020 114754 1274684-00 101-45210-223 GOLF IRRIGATION SPRINKLER Golf Course 138.38 Total 114754:2,282.91 City of Orono Check Register - COUNCIL REPORT Page: 15 Check Issue Dates: 8/25/2020 - 9/14/2020 Sep 10, 2020 02:14PM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount NATIONWIDE RETIREMENT 09/14/2020 114755 091020-OBR 101-21705 OBRA - 09/10/20 450.81 NATIONWIDE RETIREMENT 09/14/2020 114755 091020-ROT 101-21705 ROTH - 09/10/20 200.00 NATIONWIDE RETIREMENT 09/14/2020 114755 091020-USC 101-21705 457 - 09/10/20 1,045.00 Total 114755:1,695.81 NAVARRE HARDWARE 09/14/2020 114756 324464-1 101-42110-240 COVID-19 - HAND SANITIZER Police Department 92.85 NAVARRE HARDWARE 09/14/2020 114756 324464-1 601-49400-489 REVERSE UPS SHIPPING Water 11.38- NAVARRE HARDWARE 09/14/2020 114756 326575 101-45200-223 BEDERWOOD MOWING SUPPLIES Parks 71.96 NAVARRE HARDWARE 09/14/2020 114756 326585 101-41900-223 PLUMBING PARTS Central Services 16.27 NAVARRE HARDWARE 09/14/2020 114756 326610 601-49400-227 SUPPLIES Water 49.98 NAVARRE HARDWARE 09/14/2020 114756 326878 101-45200-223 PARKS MOWER Parks 479.00 Total 114756:698.68 NCPERS GROUP LIFE INS.09/14/2020 114757 6732000920 101-21710 PERA LIFE 09/2020 400.00 Total 114757:400.00 NELSON, KIRK D 09/14/2020 114758 081120 101-41410-104 2020 PRIMARY ELECTION Elections 170.00 Total 114758:170.00 Newegg Business Inc 09/14/2020 114759 1302909294 710-49970-221 COVID 19 - WEBCAM 55.08 Newegg Business Inc 09/14/2020 114759 1302909346 710-49970-221 USB MULTIPORT CONNECTOR - EOC 37.99 Newegg Business Inc 09/14/2020 114759 1302910593 710-49970-221 MICROPHONE - EOC 58.40 Newegg Business Inc 09/14/2020 114759 1302913760 101-42110-221 MEMORY CARDS - DRONES Police Department 114.29 Newegg Business Inc 09/14/2020 114759 1302917732 101-42110-221 COVID 19 - REMOTE MEETINGS EOC Police Department 40.99 Newegg Business Inc 09/14/2020 114759 1302919486 101-42110-221 MEDIA CARD READER - DRONES Police Department 24.07 Total 114759:330.82 NORTHERN SPECIALITIES INC 09/14/2020 114760 00088886 101-45220-404 BRUSH SITE FENCE/GATE - SOUTH END Brush Site 180.00 Total 114760:180.00 NORTHLAND CHEMICAL CORP 09/14/2020 114761 5939 101-42110-240 COVID CLEANING SUPPLIES Police Department 442.50 Total 114761:442.50 City of Orono Check Register - COUNCIL REPORT Page: 16 Check Issue Dates: 8/25/2020 - 9/14/2020 Sep 10, 2020 02:14PM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount NOVA COMMUNICATIONS 09/14/2020 114762 141040 101-41900-401 PHONE SUPPORT - CHANGE MESSAGE Central Services 90.00 Total 114762:90.00 OBRIGEWITSCH, JANET 09/14/2020 114763 081120 101-41410-104 2020 PRIMARY ELECTION Elections 100.00 Total 114763:100.00 Occupational Health Centers of M 09/14/2020 114764 103228754 101-42110-319 MEDICAL EXAM NEW HIRE - C. PALM Police Department 402.50 Total 114764:402.50 OFFICE DEPOT 09/14/2020 114765 11384156300 101-45210-201 OFFICE SUPPLIES - GOLF COURSE Golf Course 95.51 OFFICE DEPOT 09/14/2020 114765 11429357000 101-45210-201 OFFICE SUPPLIES - GC Golf Course 43.78 OFFICE DEPOT 09/14/2020 114765 11717001200 101-41900-201 PAPER, MARKERS Central Services 47.98 OFFICE DEPOT 09/14/2020 114765 11768684500 101-41900-201 THANK YOU CARDS Central Services 12.99 Total 114765:200.26 OPTUM 09/14/2020 114766 091020 101-21717 HSA - 9/10/20 3,730.20 Total 114766:3,730.20 ORCHARD TRUST-MNDCP-ING 09/14/2020 114767 091020 101-21705 457 - 09/10/20 1,320.00 Total 114767:1,320.00 PAINT A LOT 09/14/2020 114768 1451 101-43000-408 STRIPPING Public Works Department 2,339.32 Total 114768:2,339.32 PEARCE, SUSAN M 09/14/2020 114769 081120 101-41410-104 2020 PRIMARY ELECTION JUDGE PAY Elections 90.00 Total 114769:90.00 PETERSON, DAVE 09/14/2020 114770 081120 101-41410-104 2020 PRIMARY ELECTION Elections 209.00 PETERSON, DAVE 09/14/2020 114770 081120 101-41410-489 2020 PRIMARY ELECTION - PHONE REIMB Elections 10.00 Total 114770:219.00 City of Orono Check Register - COUNCIL REPORT Page: 17 Check Issue Dates: 8/25/2020 - 9/14/2020 Sep 10, 2020 02:14PM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount PLATT-NELSON, JUDY 09/14/2020 114771 081120 101-41410-104 2020 PRIMARY ELECTION Elections 152.50 Total 114771:152.50 PLUNKETT S 09/14/2020 114772 6782479 101-41900-404 CITY HALL PEST CONTROL 9/1/20 Central Services 232.54 Total 114772:232.54 POLLOCK, KATHLEEN H 09/14/2020 114773 081120 101-41410-101 2020 PRIMARY ELECTION JUDGE PAY Elections 100.00 Total 114773:100.00 PROLAWNS 09/14/2020 114774 24231 101-45200-404 BEDERWOOD FERTILIZER Parks 163.00 Total 114774:163.00 PUBLIC EMPLOYEES RETIREM 09/14/2020 114775 082720 101-21704 PERA 6/29/20-7/12/20 30.07 PUBLIC EMPLOYEES RETIREM 09/14/2020 114775 082720 101-21704 PERA 8/10/20-8/23/20 37,802.82 Total 114775:37,832.89 RANDYS ENVIRONMENTAL SER 09/14/2020 114776 AUGUST 202 101-41900-404 GARBAGE SERVICE - 8/2020 Central Services 409.64 RANDYS ENVIRONMENTAL SER 09/14/2020 114776 AUGUST 202 101-45200-404 GARBAGE SERVICE - 8/2020 Parks 609.36 RANDYS ENVIRONMENTAL SER 09/14/2020 114776 AUGUST 202 101-45210-404 GARBAGE SERVICE - 8/2020 Golf Course 118.42 RANDYS ENVIRONMENTAL SER 09/14/2020 114776 AUGUST 202 101-45220-404 GARBAGE SERVICE - 8/2020 Brush Site 36.39 Total 114776:1,173.81 Reinders Inc.09/14/2020 114777 3073841-00 101-45210-223 BENTGRASS SEED Golf Course 448.92 Total 114777:448.92 ROBERTS, JOHN 09/14/2020 114778 081120 101-41410-104 2020 PRIMARY ELECTION Elections 100.00 Total 114778:100.00 ROBERTSON, JENNIFER L.L.09/14/2020 114779 081120 101-41410-104 2020 PRIMARY ELECTION Elections 209.00 ROBERTSON, JENNIFER L.L.09/14/2020 114779 081120 101-41410-331 2020 PRIMARY ELECTION - MILEAGE REIMB Elections 3.14 City of Orono Check Register - COUNCIL REPORT Page: 18 Check Issue Dates: 8/25/2020 - 9/14/2020 Sep 10, 2020 02:14PM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount Total 114779:212.14 ROGOSHESKE, JUDY 09/14/2020 114780 081120 101-41410-104 2020 PRIMARY ELECTION Elections 91.67 Total 114780:91.67 RUEGEMER, JULIE 09/14/2020 114781 081120 101-41410-104 2020 PRIMARY ELECTION Elections 90.00 Total 114781:90.00 SAIKI, PENNY 09/14/2020 114782 081120 101-41410-104 2020 PRIMARY ELECTION Elections 90.00 Total 114782:90.00 SCHOENZEIT, LAURA J 09/14/2020 114783 081120 101-41410-101 2020 PRIMARY ELECTION JUDGE PAY Elections 90.00 Total 114783:90.00 SECOND NATURE GRAPHICS 09/14/2020 114784 391 101-41900-201 WINDOW ENVELOPES Central Services 395.00 Total 114784:395.00 SiteOne Landscape Supply LLC 09/14/2020 114785 102373153-0 101-45200-223 BEDERWOOD IRRIGATION Parks 92.24 SiteOne Landscape Supply LLC 09/14/2020 114785 102478704-0 101-45200-223 BEDERWOOD IRRIGATION Parks 53.13 SiteOne Landscape Supply LLC 09/14/2020 114785 102882991-0 101-45210-489 GOLF COURSE LATE FEES Golf Course 17.56 SiteOne Landscape Supply LLC 09/14/2020 114785 99331968-00 101-45210-223 PARKS CIP - GOLF DRAINAGE Golf Course 1,334.68 Total 114785:1,497.61 SPILSETH, DAVID 09/14/2020 114786 081120 101-41410-104 2020 PRIMARY ELECTION Elections 100.00 Total 114786:100.00 SRIXON SPORTS USA INC 09/14/2020 114787 6069389SO 101-45210-095 GOLF BALLS Golf Course 39.75 SRIXON SPORTS USA INC 09/14/2020 114787 6082565SO 101-45210-095 GOLF BALLS Golf Course 69.60 Total 114787:109.35 St. Cyr Johnson Enterprises 09/14/2020 114788 12096-1-127 101-42110-226 COVID UNIFORMS Police Department 297.24 City of Orono Check Register - COUNCIL REPORT Page: 19 Check Issue Dates: 8/25/2020 - 9/14/2020 Sep 10, 2020 02:14PM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount St. Cyr Johnson Enterprises 09/14/2020 114788 12864-1-133 101-42110-226 COVID UNIFORMS Police Department 321.25 Total 114788:618.49 SUN LIFE FINANCIAL 09/14/2020 114789 090120 101-21714 STD-SEP/2020 937.40 SUN LIFE FINANCIAL 09/14/2020 114789 0920LIFE 101-21710 LIFE INS-SEP/2020 1,196.20 Total 114789:2,133.60 TALLEN AND BAERTSCHI 09/14/2020 114790 082020 101-41600-306 PROSECUTION SERVICES-08/2020 Law/Legal Services 2,838.20 Total 114790:2,838.20 THE HARTFORD 09/14/2020 114791 090120 101-21713 LTD 09/2020 1,812.56 Total 114791:1,812.56 THE HOME DEPOT 09/14/2020 114792 1010027 101-45210-223 COVID SUPPLIES GOLF Golf Course 110.74 THE HOME DEPOT 09/14/2020 114792 5064924 101-41900-223 CUSTODIAL SUPPLIES Central Services 243.36 THE HOME DEPOT 09/14/2020 114792 5202505 651-49910-240 TOOLS Storm Water 194.54- THE HOME DEPOT 09/14/2020 114792 5314858 601-49400-240 TOOLS Water 194.54 Total 114792:354.10 TimeSaver Off Site Secretarial Inc 09/14/2020 114793 M25637 101-41300-439 PLANNING COMMISSION MINUTES Administration 357.75 TimeSaver Off Site Secretarial Inc 09/14/2020 114793 M25637 101-41110-439 CC MEETING MINUTES Mayor & Council 395.00 TimeSaver Off Site Secretarial Inc 09/14/2020 114793 M25857 101-41110-439 CC MEETING MINUTES Mayor & Council 164.50 TimeSaver Off Site Secretarial Inc 09/14/2020 114793 M25857 101-41110-439 CC MEETING MINUTES Mayor & Council 246.00 TimeSaver Off Site Secretarial Inc 09/14/2020 114793 M25857 101-42400-319 PC MINUTES Building & Zoning 536.25 Total 114793:1,699.50 TL STEVENS 09/14/2020 114794 12744 225-45200-530 BEDERWOOD PARK WELL 6,247.60 Total 114794:6,247.60 TWIN CITY SEED COMPANY 09/14/2020 114795 47850 101-45200-223 BEDERWOOD SOCCER SEED Parks 210.00 Total 114795:210.00 City of Orono Check Register - COUNCIL REPORT Page: 20 Check Issue Dates: 8/25/2020 - 9/14/2020 Sep 10, 2020 02:14PM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount UNG, MARGARET 09/14/2020 114796 083120 101-41500-331 MILEAGE 8/24/20-8/31/20 Finance Department 22.66 UNG, MARGARET 09/14/2020 114796 083120 101-41300-489 STAFF DEVELOPMENT EVENT-CARIBOU Administration 10.00 Total 114796:32.66 US Bank Equipment Finance 09/14/2020 114797 422613133 710-49970-413 COPIERS 596.76 Total 114797:596.76 VACKER INC 09/14/2020 114798 2470 101-45200-223 BIG ISLAND SIGNS Parks 1,648.00 Total 114798:1,648.00 VALLEY RICH CO 09/14/2020 114799 28580 601-49400-405 WATER MAIN BREAK 3400 SHORELINE DR Water 5,502.25 Total 114799:5,502.25 VEACH, MARIA 09/14/2020 114800 081120 101-41410-104 2020 PRIMARY ELECTION JUDGE PAY Elections 75.00 Total 114800:75.00 WASTE MANAGEMENT RECYC 09/14/2020 114801 0072619-280 603-49500-316 RECYCLING 09/2020 15,831.75 Total 114801:15,831.75 WAYZATA BAY CAR WASH 09/14/2020 114802 18438 101-42110-402 CAR WASH Police Department 9.95 Total 114802:9.95 WHISLER, SANDRA S 09/14/2020 114803 081120 101-41410-104 2020 PRIMARY ELECTION JUDGE PAY Elections 172.50 Total 114803:172.50 WHITE, SHERRY DAVIS 09/14/2020 114804 081120 101-41410-104 2020 PRIMARY ELECTION Elections 100.00 Total 114804:100.00 WILKINS, CATHLEEN L 09/14/2020 114805 081120 101-41410-104 2020 PRIMARY ELECTION Elections 171.67 City of Orono Check Register - COUNCIL REPORT Page: 21 Check Issue Dates: 8/25/2020 - 9/14/2020 Sep 10, 2020 02:14PM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount Total 114805:171.67 WILLIAMS TOWING 09/14/2020 114806 153787 101-42110-436 TOWING CHARGES/INVESTIGATION CASE 20-00 Police Department 340.00 WILLIAMS TOWING 09/14/2020 114806 153840 231-45650-436 FORFEITURE TOWING CASE OR20006501 155.00 Total 114806:495.00 XCEL ENERGY 09/14/2020 114807 697586599 101-45200-381 BEDERWOOD PARK 7/27/20-8/19/20 Parks 32.65 XCEL ENERGY 09/14/2020 114807 699160665 101-41900-381 ELECTRIC 7/22/20-8/22/20 Central Services 1,772.55 XCEL ENERGY 09/14/2020 114807 699160665 101-42110-381 ELECTRIC 7/22/20-8/22/20 Police Department 1,142.63 XCEL ENERGY 09/14/2020 114807 699160665 101-42110-381 ELECTRIC 7/22/20-8/22/20 Police Department 35.85 XCEL ENERGY 09/14/2020 114807 699160665 101-43000-381 ELECTRIC 7/22/20-8/22/20 Public Works Department 192.09 XCEL ENERGY 09/14/2020 114807 699160665 101-43000-386 ELECTRIC 7/22/20-8/22/20 Public Works Department 2,104.08 XCEL ENERGY 09/14/2020 114807 699160665 101-45200-381 ELECTRIC 7/22/20-8/22/20 Parks 22.64 XCEL ENERGY 09/14/2020 114807 699160665 601-49400-381 ELECTRIC 7/22/20-8/22/20 Water 7,895.66 XCEL ENERGY 09/14/2020 114807 699160665 602-49450-381 ELECTRIC 7/22/20-8/22/20 Sewer 2,471.35 XCEL ENERGY 09/14/2020 114807 699160665 101-45210-381 ELECTRIC 7/22/20-8/22/20 Golf Course 1,324.11 Total 114807:16,993.61 Yamaha Golf & Utility 09/14/2020 114808 01-237486 101-45210-415 CART LEASE Golf Course 1,100.00 Total 114808:1,100.00 YAMAHA MOTOR CORP.09/14/2020 114809 716225 101-45210-415 GOLF CART RENTAL-18 CARS Golf Course 1,647.00 YAMAHA MOTOR CORP.09/14/2020 114809 716306 101-45210-415 UTILITY CART RENTAL Golf Course 295.00 Total 114809:1,942.00 Grand Totals: 489,677.72 AGENDA ITEM Prepared By: RJO Reviewed By: DJR Approved By: DJR 1. Purpose. The purpose of this action item is to consider a motion that recognizes the current monthly utility rates being charge to utility customers. 2. Background. On June 22, 2020 the City Council adopted an ordinance amending the city code relating to utility billing. The ordinance changed the utility billing cycle from quarterly to monthly. When the 2020 fee schedule was adopted on December 9, 2019, the rates shown in the schedule were based on a quarterly billing cycle. This action formally recognizes the monthly rates that are currently being charged and are posted on the City website. The monthly rates being charged are calculated at one- third of the approved quarterly rate. The 2021 fee schedule will adopted with the monthly rates. 3. Staff Recommendation. Staff recommends approval of the monthly rates as presented. COUNCIL ACTION REQUESTED: Consider a motion formalizing the current monthly utility rates. Exhibits A. Monthly Utility Rates Item No.: 4 Date: September 14, 2020 Item Description: Monthly Utility Rates Presenter: Ron Olson, Finance Director Agenda Section: Consent Agenda Quarterly Monthly Municipal Sewer Rate By Unit: 1st $188.16 $62.72 2nd $166.32 $55.44 By flow:$6.96/1000 gallon plus $6.00/per SAC unit Long Lake Service Minimum Charge (10,000 Gallons or Less Water Usage)$188.16 $62.72 Over 10,000 Gallons Water Usage, per 1,000 Gallons $6.96/1000 gallon Wayzata Service Metered Service Minimum Charge (10,000 Gallons or Less Water Usage)$188.16 $62.72 Over 10,000 Gallons Water Usage, per 1,000 Gallons $6.96/1000 gallon Unmetered Service Per Property $188.16 $62.72 Residential Billing & Ready to Serve Charge $16.67 Unconnected Property Charge $16.67 Water Usage Rate - Monthly Tier = 1/3 of Quarterly Navarre Area (Area #1) and Hwy 12 (Area #2) Tier 1 (<3.33 gal)0 - 10,000 gal $7.07/1000 gal Tier 2 (3.34 - 8.33 gal)11 - 25,000 gal $9.90/1000 gal Tier 3 (>8.33 gal)> 25,000 gal $14.85/1000 gal Chevy Chase Area (Area #3) Tier 1 (<3.33 gal)0 - 10,000 gal $7.07/1000 gal Tier 2 (3.34-8.33 gal)11 - 25,000 gal $9.90/1000 gal Tier 3 (>8.33 gal)> 25,000 gal $14.85/1000 gal Long Lake Area (Area #4) Tier 1 (<3.33 gal)0 - 8,000 gal $7.07/1000 gal Tier 2 (3.34-8.33 gal)8 - 22,000 gal $9.90/1000 gal Tier 3 (>8.33 gal)> 22,000 gal $14.85/1000 gal Multi-Family Billing & Ready to Serve Charge per SAC Unit $50.00/qtr $16.67 Unconnected Property Charge $50.00/qtr $16.67 Water Usage Rate - Monthly Tier = 1/3 of Quarterly Tier 1 (<8.33 gal)0 - 25,000 gal $7.07/1000 gal Tier 2 (8.33-33.33 gal)25 - 100,000 gal $9.90/1000 gal Tier 3 (>33.33 gal)> 100,000 gal $14.85/1000 gal Commercial Billing & Ready to Serve Charge per SAC Unit $16.67 Unconnected Property Charge $16.67 Water Usage Rate - Monthly Tier = 1/3 of Quarterly Tier 1 (<8.33 gal)0 - 25,000 gal $7.07/1000 gal Tier 2 (8.33-33.33 gal)25 - 100,000 gal $9.90/1000 gal Tier 3 (>33.33 gal)> 100,000 gal $14.85/1000 gal Federally Mandated Safe Drinking Water $2.43 $0.81 ($9.72/yr) Testing Program (Charged per service connection) One residential unit: $46.25 $15.42 Non-residential unit:Based on “Residential Equivalent Factor” $16.00/qtr $64.00/year 33/month $64.00/year UTILITY SERVICE FEES MUNICIPAL WATER RATES STORM WATER UTILITY RATES RECYCLING CHARGE AGENDA ITEM Prepared By: AMC Reviewed By: AMC Approved By: DJR 1. Purpose. The purpose of this action item is to approve the Rental License for the license period of September 14, 2020 to December 31, 2021. 2. Staff Recommendation. Staff recommends approval of the rental license as listed in Exhibit A for the license period of September 14, 2020 to December 31, 2021. The Rental License Applicant in Exhibit A has submitted all of the requested documents and have met all requirements. COUNCIL ACTION REQUESTED Motion to approve the rental license listed in Exhibit A for the license period of September 14, 2020 to December 31, 2021. Exhibits A. Listing of Rental License Item No.: 5 Date: September 14, 2020 Item Description: Approval of Rental License Presenter: Anna Carlson, City Clerk Agenda Section: Consent Agenda Exhibit A City Council 2020 Rental License RL20-000018 Glen Flaherty 100 License# Licensee Total License Fees AGENDA ITEM Prepared By: AMC Reviewed By: AMC Approved By: DJR Purpose. The Park Gun Club has applied for their annual gun club license effective September 1, 2020 through August 31, 2021. The applicant has submitted the required licensing information and Staff recommends approval based on no complaints have been received in the past years. A calendar of events for the 2020-21 license is attached. The Orono Police Department has completed a background check and all required documents have been submitted. Staff recommends approval of the application. COUNCIL ACTION REQUESTED Motion to approve the Annual Gun Club Permit. Exhibits Exhibit A. Park Gun Club Calendar of Events 2020-21 Item No.: 6 Date: September 14, 2020 Item Description: Annual Gun Club Permit Presenter: Anna Carlson City Clerk Agenda Section: Consent Agenda Dates Time Saturday/Sunday Shooting Events 9/13/2020 1:00 pm - 5:00 pm 9/20/2020 1:00 pm - 5:00 pm 9/27/2020 1:00 pm - 5:00 pm 11/15/2020 1:00 pm - 5:00 pm 11/22/2020 1:00 pm - 5:00 pm 11/29/2020 1:00 pm - 5:00 pm 12/13/2020 1:00 pm - 5:00 pm 12/20/2020 1:00 pm - 5:00 pm 3/14/2021 1:00 pm - 5:00 pm 3/21/2021 1:00 pm - 5:00 pm 3/28/2021 1:00 pm - 5:00 pm 4/11/2021 1:00 pm - 5:00 pm 4/18/2021 1:00 pm - 5:00 pm 4/25/2021 1:00 pm - 5:00 pm 5/2/2021 1:00 pm - 5:00 pm 2020 Fall High School League Shooting Fridays 3:00 pm - 7:00 pm September 4th - October 3rd 2020 2021 League Shooting Tuesday, Wednesday, Thursday 5:00 pm - dark April 13, 2021 through August 26, 2021 2021 Spring High School League Shooting Monday, Tuesday, Wednesday, Thursday, Friday 3:00 pm - dark March 22, 2021 through June 19, 2021 No shooting Memorial Day Monday Park Gun Club - Calendar of Events - September 1, 2020 - August 31, 2021 (Revised 9/4/2020) AGENDA ITEM Prepared By: AMC Reviewed By: AMC Approved By: DJR 1. Purpose. The purpose of this action item is to gain approval to accept a donation for handmade face masks for Election Judges from Sue Carlson of Dassel, MN. 2. Background. On July 22, 2020 Governor Walz signed Executive Order on masking, which includes Election Officials on Election Day. 3. Donations Received. Sue Carlson handmade masks and donated them for Election Judges to use while working at the polls on Election Day. 4. Staff Recommendation. I recommend acceptance of the donation. COUNCIL ACTION REQUESTED Motion for accept the donation of Masks from Sue Carlson. Item No.: 7 Date: September 14, 2020 Item Description: Approval to Accept Donation of Face Masks for Election Judges from Sue Carlson Presenter: Anna Carlson, City Clerk Agenda Section: Consent Agenda AGENDA ITEM Prepared By: Reviewed By: DJR Approved By: DJR 1. Purpose. The purpose of this action item is to gain approval to accept a donations for Big Island Park from Randy & Marcia Litfin and Bryce & Paula Johnson. 2. Background. The Big Island Legacy (BIL), a 501C3, has initiated a funding drive to provide amenities to the ongoing Big Island Project. The group is soliciting for donation for picnic tables and sitting stones with the intent of using remaining grant moneys to match. Donation drive summary from BIL: To all of our Big Island Park supporters, The new park on Big Island is well underway. By next spring, we will have an extensive and fully accessible trail system, a toilet, interpretative signage and barriers to motorized vehicles, valued at over $400,000! As a result of the fundraising and project pricing to date, we have approximately $28,000 of unused “match” from our State of MN DNR grant. We are soliciting donations to be able to add some picnic tables and sitting stones to the park (see the drawings and photographs below). The cost of each, based on our unit bid prices in the contract are: Sitting stones $1325 each and Picnic tables $5000 each, including procurement and installation. That means with the match, they would be $652.50 and $2500 respectively. The picnic tables would be located up on the hill at the end of the new trail where the shelter had been proposed (and we hope will be eventually). The sitting stones can be located in multiple locations including a couple of overlooks, including three stones already donated and designated for the Wayzata overlook near the north east corner of the park. 3. Donations Received. a. Randy and Marcia (Johnson) Litfin donated $825 for a Sitting Stone b. Bryce and Paula Johnson donated $825 for a Sitting Stone 4. Staff Recommendation. I recommend acceptance of the donations. COUNCIL ACTION REQUESTED Motion for accept the donations from Randy and Marcia (Johnson) Litfin and Randy & Marcia Litfin and Bryce & Paula Johnson Item No.: 8 Date: September 14, 2020 Item Description: Approval to Accept Donations for Big Island Park Presenter: Adam T. Edwards Public Works Director/City Engineer 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 renew the Cartegraph Software Licensing contract. 2. Background. Cartegraph is the software system the City used for asset management and work flow Tracking. The City has been using the Cartegraph system since 2016. The software works in collaboration with our Geographical Information System (GIS) software provided by ESRI. 3. Contract Summary. The contract will provide services for the next three years. It includes support for our transportations, stormwater, facilities, water, sanitary and parks systems. The contract allows for 15 named users of the system. 4. Staff Recommendation. I recommend approval. 5. Cost and Funding. The cost of the contract is $14,305 (Year 1), $14,734 (Year 2) and $15,176 (Year 3). Combined with ESRI license costs this represents a 5% increase over past fees. The cost is budgeted within the operating budgets of the systems the software supports. COUNCIL ACTION REQUESTED: Move to approve renewal of the Cartegraph contract. Exhibits A. Contract Proposal. Item No.: 9 Date: September 14, 2020 Item Description: Cartegraph Contract Renewal Presenter: Adam T. Edwards Public Works Director/City Engineer Agenda Section: Consent Agenda City of Orono Car tegraph Software and Services Contract PA#: PA-3482 Date: 8/20/2020 Cartegraph Systems LLC 3600 Digital Drive Dubuque, IA 52003 cartegraph.com 800 688.2656 563 556.8120 Fax 563 556.8149 City of Orono, MN | 8/20/2020 Purchase Agreement Cartegraph is pleased to present this Purchase Agreement for the implementation of world class technology solutions. This Purchase Agreement is made and entered into between City of Orono (hereinafter referred to as Customer) and Cartegraph Systems LLC (hereinafter referred to as Cartegraph). In the case that any terms or conditions provided in the Car tegraph Solutions Agreement different from, are provided in more detail by, or are made irrelevant by the terms and conditions provided in this Purchase Agreement, the terms in this Purchase Agreement shall control. For all terms and conditions not addressed by this Purchase Agreement, the Cartegraph Solutions Agreement shall control. CUSTOMER ADDRESS:LICENSEE ADDRESS: City of Orono City of Orono 2750 Kelley Parkway 2750 Kelley Parkway Orono, MN Orono, MN 55356 55356 Investment Summary The addendums attached here to include: Addendum A - Support Services Page 2 of 8 City of Orono, MN | 8/20/2020 Product Year 1 Year 2 Year 3 OMS Plus Quantity 1.00 1.00 1.00 Price USD 2,119.69 USD 2,183.28 USD 2,248.78 Facilities Quantity 1.00 1.00 1.00 Price USD 892.44 USD 919.21 USD 946.79 Parks & Recreation Domain Quantity 1.00 1.00 1.00 Price USD 371.85 USD 383.01 USD 394.50 Sanitary Sewer Domain Quantity 1.00 1.00 1.00 Price USD 892.44 USD 919.21 USD 946.79 Stormwater Domain Quantity 1.00 1.00 1.00 Price USD 892.44 USD 919.21 USD 946.79 Transpor tation Domain Quantity 1.00 1.00 1.00 Price USD 669.33 USD 689.41 USD 710.09 Water Distribution Domain Quantity 1.00 1.00 1.00 Price USD 892.44 USD 919.21 USD 946.79 Cabinets Asset Quantity 1.00 1.00 1.00 Price USD 74.37 USD 76.60 USD 78.90 OMS User Quantity 15.00 15.00 15.00 Price USD 7,500.00 USD 7,725.00 USD 7,956.75 TOTAL:USD 14,305.00 USD 14,734.14 USD 15,176.18 NOTES: Page 3 of 8 City of Orono, MN | 8/20/2020 •The pricing listed above does not include applicable sales tax. •The Cartegraph OMS pricing listed above does not include Esri ArcGIS licenses. •Hosting includes 250GB of available file storage. If additional storage is required, the Organization can purchase in 1TB increments. •Contract term dates: •1/1/2021 - 12/31/2023 Page 4 of 8 City of Orono, MN | 8/20/2020 -Payment Terms and Conditions In consideration for the Solutions and Services provided by Cartegraph to Customer, Customer agrees to pay Cartegraph the Fees in U.S. Dollars as described below: - I. DELIVERY Customer shall be provided with the ability to access and use the Solutions upon execution of this Purchase Agreement. If applicable, Services will be scheduled and delivered upon your acceptance of this Purchase Agreement, which will be considered as your notification to proceed. - II. SERVICES SCHEDULING Customer agrees to work with Cartegraph to schedule Services in a timely manner. All undelivered Services shall expire 365 days from the signing of this Purchase Agreement. - III. SOLUTIONS INVOICING The fee for solutions will be due in annual installments 15 days prior to the anniversary of the initial term as follows: 1.$14,305.00 due upon execution of the Purchase Agreement. 2.$14,734.14 due 15 days prior to 1st year anniversary of term start date. 3.$15,176.18 due 15 days prior to 2nd year anniversary of term start date. - IV. PAYMENT TERMS All payments are due Net 30 days from start date of invoice. Page 5 of 8 City of Orono, MN | 8/20/2020 BY SIGNING BELOW, THE PARTIES AGREE THAT ALL USE AND ACCESS TO THE SOLUTIONS DESCRIBED IN THIS PURCHASE AGREEMENT SHALL BE GOVERNED BY THE CARTEGRAPH SOLUTIONS AGREEMENT, WHICH CAN BE REVIEWED AT: https://www.car tegraph.com/solutions- agreement. THE PARTIES AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THE CARTEGRAPH SOLUTIONS AGREEMENT AND THIS PURCHASE AGREEMENT REFERENCED HEREIN.- CARTEGRAPH: CUSTOMER: Cartegraph Systems LLC City of Orono By: By: (Signature) (Signature) (Type or Print Name) (Type or Print Name) Title:SVP of Sales & Marketing Title: Date: Date: Page 6 of 8 City of Orono, MN | 8/20/2020 Cartegraph Systems LLC Addendum A - Support Services Cartegraph Suppor t and Training Services – Scope of Work The Suppor t Services listed in the Investment Summary of the Purchase Agreement are specific Cartegraph Services which will be delivered to the Customer based on the descriptions below and on the terms and conditions and subject to the limitations set forth in this Addendum A, the applicable Purchase Agreement, and the Car tegraph Solutions Agreement. Cartegraph will coordinate with the Customer on service delivery expectations and timeframes. As part of Customer’s subscription to access and use of the Cartegraph Solutions, Customer will receive: 1. Support Services a. Campus – www.campus.cartegraph.com Our User Assistance area is a convenient and easily-shareable resource designed to help you and your co- workers better understand the functions and capabilities of your Cartegraph Solutions. Instantly access user tips, step-by-step instructions, videos, and more. b. Dedicated, Unlimited, Toll-free Phone Support - 877.647.3050 and Live Chat When questions need answers and difficulties arise, count on our industry-leading Support team to provide the guidance and assistance you need. Reach us as often as you need Monday-Friday, 7:00 am-7:00 pm CT. Live Chat is available within the product or through Campus. c. Support via Case Submittal or Email If a phone call or live chat is not your best option, you can always request support via our online case submittal form available in Campus or via email. Email support is available at support@cartegraph.com. 2. Training & Education Services a. Convenient Online Resources: All the information you need, one click away. Take advantage of online training opportunities, tutorial videos, upcoming event information, and more. b. Customer Led User Groups : Meet and network with similar Cartegraph users in your region. Customer led User Groups allow you to find out what other organizations are doing to get more from their Cartegraph solutions and services. 3. Releases & Upgrades a. New Releases: Cartegraph is continuously innovating and enhancing the Cartegraph OMS collection of products. As a customer with an active subscription, you will receive each new release of the software. i. Cloud-hosted customers: Your cloud-hosted site will be upgraded by our Cartegraph System Consultants after the release is available. ii. 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Page 8 of 8 AGENDA ITEM Prepared By: Reviewed By: Approved By: DJR 1. Purpose. The purpose of this council action is to inform the council of a new tree inventory grant form Hennepin County and to accept a quote for the same. 2. Background. Hennepin County Forestry division initiated a new grant last year under their healthy tree canopy program. In 2019 Orono applied for and received a grant for $5000 which was used to complete and inventory of trees with it in the City’s active parks. In 2020 Orono City staff submitted an application for funds to assist in a tree inventory of City Right of Way (ROW). Another $5000 grant was awarded. An inventory of city trees is a prerequisite in planning for and making sound management decisions with respect to tree disease and pest mitigation. 3. Project Scope. Inventory trees city owned ROW. 4. Cost. The City Solicited quotes for the inventory of trees in 2019. The low quote was from PlanIT Geo for $4/ tree or 1500 trees for $6000. PlanIT Geo has agreed to provide the same service at the same price in 2020 and can complete the inventory in October. 5. Funding. Funding for the project comes from a Hennepin County Grant in the amount of $5000 and a match from the city. The city portion of the project will come from the Streets Operating Budgets with $1000 for inventory and $4000 as in-kind staff time and software licensing. 6. Staff Recommendation. I recommending accepting the quote from PlanIT Geo. COUNCIL ACTION REQUESTED Motion to accept the quote from PlanIT Geo for the execution of a tree inventory in city ROW. Item No.: 10 Date: September 14, 2020 Item Description: Tree Inventory Grant Presenter: Adam T. Edwards Public Works Director/City Engineer Agenda Section: Consent Agenda AGENDA ITEM Prepared By: mcc Reviewed By: J Barnhart Approved By: DJR 1. Purpose. This application is regarding variances in order to redevelop the property with a new residence. Variances for lot area, lot width, hardcover, and setback are requested. The structural coverage variance initially requested has been removed. 2. MN§15.99 Application Deadline. The application was received on July 22nd and considered to be complete on August 7, 2020. Therefore the 60-Day review period expires on October 6th. 3. Background/ Summary. On behalf of the new property owners, the applicant is requesting variances in order to construct a new home on the property which is substandard in area and width. The applicant’s initial application involved variances for structural coverage, setback, and hardcover variance to permit 46.3% hardcover where 25% is permitted and a 2,396 square foot footprint where 2,000 square feet is permitted. After receiving feedback from the Planning Commission, the applicant revised the plans and has provided a revised plan eliminating the structural coverage variance and reducing the hardcover variance requested. The proposed home footprint is now 1,999 square feet and complies with the 2,000 square foot limitation for structure. The proposed hardcover has been reduced from 46.3% to 42.4%; a 331 square foot hardcover reduction. 4. Planning Commission Vote and Comment. On August 17th, the Planning Commission held a public hearing. Following the public hearing the Planning Commission voted 7-0 on a motion to deny the variance based on the structural coverage level proposed. The Commission concurred with the staff recommendation which supported variances for lot area, lot width, setbacks, and hardcover once the structural coverage level was brought to the conforming level. 5. Public Comment. The adjoining neighbors have signed the adjacent property owner acknowledgment form. To date, no public comments have been received. 6. Staff Recommendation. The applicant has addressed the primary concern of both Staff and the Planning Commission in proposing a footprint which complies with the structural coverage limitation. No structural coverage variance is requested. Planning staff finds there are practical difficulties supporting the requested variances; staff recommends approval of the revised plan. A draft approval resolution has been provided. COUNCIL ACTION REQUESTED Council should consider a motion to adopt or amend the attached resolution approving lot width, lot area, hardcover, front setback and driveway setback variances according the revised plan. Exhibits A. Draft Resolution B. Updated Narrative C. Revised Plans D. Draft PC Minutes Item No.: 11 Date: September 14, 2020 Item Description: LA20-000049 – Michael Sharratt, Sharratt Design, o/b/o Kevin & Jessica Finnegan, 3435 Crystal Bay Road, Variances – Resolution Presenter: Melanie Curtis Planner Agenda Section: Consent Agenda AGENDA ITEM Prepared By: mcc Reviewed By: J Barnhart Approved By: DJR E. PC Staff Report References PC Exhibits 08/17/2020 A. Application and Narrative B. Practical Difficulties Documentation Form C. Proposed Survey D. Proposed Plans and Elevations E. Hardcover – Existing & Proposed F. Existing Survey G. Property Owners List & Neighbor Acknowledgment H. Plat Map 2040 Community Management Plan CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. ________________________ 1 A RESOLUTION APPROVING VARIANCES FROM MUNICIPAL ZONING CODE SECTIONS 78-350; 78-1405; 78-1700 FILE NO. LA20 -000049 WHEREAS, on July 22, 2020, Kevin Finnegan & Jessica Finnegan (hereinafter the “Applicants”), applied for variances from the City Code for the property addressed 3435 Crystal Bay Road and legally described as: That part of Lot 3, Block 1, “Wiley’s Park” Lake Minnetonka Hennepin County, Minnesota lying south of Crystal Bay Road and northerly of a line running from a point on the westerly line of said Lot 3 a distance of 73 feet northerly of Southwest corner of said Lot 3 to a point on the easterly line thereof a distance of 35 feet northerly of southeast corner thereof (hereinafter the “Property”); WHEREAS, the Applicants have made application to the City of Orono for variances to Orono Municipal Zoning Code Section 78-350 to allow redevelopment of a lot with substandard area and width, and variances from the front setback; Section 78-1403 for increased structural coverage for 2,396 square feet; Section 78-1405 for driveway setback; and Section 78- 1700 from hardcover regulations allowing 46.3%; and WHEREAS, on August 17, 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 August 17, 2020, the Planning Commission advised the Applicants to reduce the proposed home footprint to a conforming level and recommended denial of the variances; and WHEREAS, following the direction of the Planning Commission, on September 1, 2020, the Applicants submitted a revised plan reflecting 1,999 square feet of structural coverage; and 42.4% hardcover for consideration by the City Council. The revised request includes the following: a) a variance to Orono Municipal Zoning Code Section 78-350 to allow a front setback of 27 feet where a 30 foot setback is required; CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. ________________________ 2 b) a variance to Orono Municipal Zoning Code Section 78-1405 to allow a driveway 1.5 feet from the property line where a 5 foot setback is required; c) a variance to Orono Municipal Zoning Code Section 78-1700 to allow 3,515 square feet or 42.4% hardcover where 25% is permitted; and WHEREAS, on September 14, 2020, the City Council reviewed the revised 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 revised and 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 #LA20-000049. 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 0.19 acres in area and has a defined lot width of 50.7 feet. 4. The Property is within Tier 1 and hardcover is limited to 25% according to the Stormwater Quality Overlay District. 5. In considering this application for variance, the Council has considered the advice and recommendation of the Planning Commission and the effect of the proposed variance upon the health, safety and welfare of the community, existing and anticipated traffic conditions, light and air, danger of fire, risk to the public safety, and the effect on values of property in the surrounding area. ANALYSIS: 1. “Variances shall only be permitted when they are in harmony with the general purposes and intent of the ordinance . . . .” The proposed variances are in harmony with the purpose of the Ordinance. The substandard lot has difficulties in its small size and depth, and relationship with the surrounding properties. The right-of-way for Crystal Bay Road in this location is 66 feet wide, as the road travels west the right-of-way is not present which makes this property and the two neighbors unique. The house setback on the lake CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. ________________________ 3 side is shown to be consistent with the neighborhood. Although not a lakeshore lot, the majority of the properties along Crystal Bay Road are lakeshore, and subject to the average lakeshore setback protecting views of the lake. The home meets side and rear setbacks which helps to provide the necessary open space. The hardcover level proposed is an improvement from the existing condition and is supported by the small lot challenges. 2. “Variances shall only be permitted . . . when the variances are consistent with the comprehensive plan.” The number and type of variances proposed to develop a nonconforming lot of record are consistent with the comprehensive plan, such as lot area, rear setback, lake setback, and hardcover variance. 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, within the required front setback appears to be reasonable as the property’s reduced size and orientation with respect to the Crystal Bay Road right-of-way, and adjacent properties creates difficulties. The requested hardcover levels are also reasonable. b. The plight of the landowner is due to circumstances unique to his property not created by the landowner. The uniquely small size, location with respect to the right-of-way, and required setbacks prevent a residential footprint consistent with the neighborhood. There should be consideration for variance approvals from the hardcover limitation, the front setback, the side setback for the driveway and the lot area requirements. c. The variance, if granted, will not alter the essential character of the locality.” The lot area and width variances are requested in order to permit construction of a home, which are reasonable. The setbacks and hardcover level are consistent with the neighborhood. 4. “Economic considerations alone do not constitute practical difficulties.” Economic considerations have not been a factor in the variance approval determination. CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. ________________________ 4 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 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, width, depth, and unique configuration creates difficulties which also apply to many of the properties in the same neighborhood. The setbacks are not out of character. The proposed hardcover level is consistent with the immediate neighborhood. 9. “The conditions do not apply generally to other land or structures in the district in which the land is located.” The Property’s substandard size and width, including the unique non- lakeshore status on this roadway creates difficulties which apply to very few properties along Crystal Bay Road. 10. “The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant.” Granting lot area, lot width, hardcover, front and driveway setback variances are necessary for the preservation of the property right of the owners. 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 hardcover variance, the driveway setback, lot width and area, and front setback variances in this unique situation are 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, driveway and front setback including hardcover variances are necessary, and do not merely serve as a convenience to the Applicants. CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. ________________________ 5 CONCLUSIONS, ORDER AND CONDITIONS: Based upon one or more of the above findings, the Orono City Council hereby grants the following variances in order to allow redevelopment of the Property: • Section 78-350 to allow redevelopment of a lot with substandard area and width; • Section 78-350 to allow a front setback of 27 feet where a 30 foot setback is required; • Section 78-1405 to allow a driveway 1.5 feet from the property line where a 5 foot setback is required; and • Section 78-1700 to allow 3,515 square feet or 42.4% hardcover where 25% is permitted. Subject to the following conditions: 1. Council approval is based on the entire record, above Findings. 2. The approved project shall conform to the survey dated July 31, 2020, and revised on August 26, 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 variance will expire on that date (September 14, 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 14th day of September, 2020. ATTEST: CITY OF ORONO: _______________________________ ________________________________ Anna Carlson, City Clerk Dennis Walsh, Mayor 27'-8" Finnegan Page 1 of 3 September 1, 2020 Variance Request Narrative: Kevin (KC) and Jessica Finnegan Property Location: 3435 Crystal Bay Road, Wayzata, MN 55391 BACKGROUND: The Finnegan Family moved back to Minnesota after spending 10 years overseas in the United Arab Emirates (UAE). Both KC and Jessica are West Point graduates and veterans who served for many years in the United States Army. They have three school-aged children, Brody (14 years old), Bella (13 years old), and Jack (12 years old). KC grew up in the Twin Cities and always wanted to return to MN after leaving the Army. After spending their first year back in the Navarre neighborhood, their family dream of living on the lake came true when they purchased the property at 3435 Crystal Bay Road. GENERAL CONTEXT: Given the many unique lots on Crystal Bay Road that do not meet the minimum lot area or minimum lot width requirements and the considerable practical difficulties, the property proposal conforms to the general characteristics of other residences in terms of size, setbacks, and hardcover, while maintaining livability by focusing on conformance with characteristics of the neighborhood. The variances are requested in order to permit construction of a modestly sized home, which is considered reasonable on Crystal Bay Road. Other homes in the immediate neighborhood have been granted similar levels of variances for redevelopment due to many similar site-related practical difficulties. Finnegan Page 2 of 3 EXISTING CONDITIONS 1. 3,865 S.F. of hardcover (46.61%). 2. Lot is 38% of the required lot size and at a non-conforming width. 3. Driveway is less than 5’-0” from property line and covers 1,578 S.F. VARIANCES REQUESTED @ PLANNING COMMISION MEETING – 8/17/20: 1. Hardcover variance – reduced from 46.61% to 46.38% 2. Lot width and lot area variance – lot is 38% of the required lot size and at a non- conforming width. 3. Driveway setback variance – essentially leave driveway in its current location relative to the westerly property line, but reduced in size from 1,578 S.F. to 1,450 S.F. 4. Structural coverage variance – proposed is similar in scope to that of the current existing structure at 2,396 S.F. VARIANCES REQUESTED @ CITY COUNCIL MEETING – 9/14/20: 1. Hardcover variance – reduced from 46.61% to 42.39% 2. Lot width and lot area variance – lot is 38% of the required lot size and at a non- conforming width. 3. Driveway setback variance – essentially leave driveway in its current location relative to the westerly property line, but reduced in size from 1,578 S.F. to 1,280 S.F. 4. Structural coverage variance – proposed is 1,999 S.F., which is below the requirement of up to 2,000 S.F. for lots less than 10,000 S.F. in size. FACTS: 1. The proximity of this lot to the lake level 100-year floodplain elevation also brings to light another very significant practical difficulty resulting in not being able to have a basement or even a crawlspace. A home built for a growing family of five without a basement for a mechanical room, storage, and recreation, which are typical uses in basements, creates a practical difficulty in which ALL space and volume for these requirements must be entirely above ground level. 2. With the same zoning controls applied to a lot of record that is only 38% the size of a conforming lot in this district, creates significant practical difficulties to meet all conforming requirements. Finnegan Page 3 of 3 CONCLUSION: The establishment of the current regulations and variance restrictions were based on the approved minimum lot size standard (1/2 acre = 21,780 square feet) in the City of Orono. This required minimum lot size is 2.58 times larger than 3435 Crystal Bay Road. Given this standard, the property at 3435 Crystal Bay Road is at an extreme disadvantage (at approximately 8,425 total square footage) and suffers from various and significant practical difficulties surrounding the structural and hard cover requirements. Granting these variances is necessary for the reasonable preservation and enjoyment of a substantial property right to the Finnegans, and the relatively small home proposed for a family of five plus frequent guests. These variances will not merely serve as a convenience to the family but are also necessary to alleviate demonstrable difficulties in meeting requirements written for much larger parcels. 934.59 933.2 933.3 933.5 933.3 933.2 932.7 933.1 932.9 932.8 932.7 932.5 M mailbox 932.7 933.0 933.2 933.3 933.4 933.1 933.7 933.9 934.2 932.7 933.1 Power Pole 931.7 932.4932.5 932.6 932.5 932.4 12" inv=931.10 932.0 932.4 932.2932.6 932.4 932.9 932.5 932.6 934.3 933.5 933.0 932.9 933.0932.9933.0 " inv=930.13 932.4 929.4930.8 931.3 929.5 929.4 930.7 934.1 FFE 935.2 932.9 932.7 933.3 Serv 933.0 934.9 935.8 FFE 935.2933.7 933.3 934.5 933.912" inv=933.10 magnail 933.3 GF 934.0 934.0 933.7 933.8 933.9 933.5 933.7 934.2 934.0 933.1 933.0 933.4 Power Pole 934.0 Sign 935.8 936.7 934.7 934.3 933.7 933.7 934.0 934.6 GF 934.7 FFE 935.1 C r y s t a l B a y R o a d 2 5 . 4 44 . 8 13.7 11.9 10.9 N 78°0 2 ' 2 6 " W 6 5 . 5 4 N 0 4 ° 5 5 ' 3 7 " E 1 3 3 . 8 5 35 . 0 74.0 73 . 0 Hennep i n C o u n t y R e g i o n a l R a i l r o a d A u t h o r i t y F e n c e 7.5 32 . 1 3 6 . 1 23'6" 34 ' 0 " 8'6" 34 ' 0 " 72 ' 0 " Wood Deck PR O P O S E D R E S I D E N C E D r i v e w a y 12.7 10 ' 0 " 1 2 3 . 0 Rock Construction Entrance soil stockpile area Residence Re s i d e n c e D o c k overhead wires wood fence overhead wires N 0 1 ° 0 9 ' 2 8 " W 1 5 8 . 7 2 N 76°37'5 5 " E 5 0 . 7 9 OHW 929.4 Contour Right-of-W a y a s m o n u m e n t e d B i t u m i n o u s SE corner Lot 3 SW corner Lot 3 south li n e o f L o t 3 SILT FEN C E F:\survey\wileys park - hennepin\3-1\01 Surveying - 89065\01 CAD\01 Source\01 Survey Base.dwg Basis for bearings is assumed Surveyors Certificate 000.0 x000.0 Denotes Wood Hub Set for excavation only Denotes Existing Elevation Denotes Proposed Elevation Denotes Surface Drainage Denotes Iron Monument Denotes Found Iron Monument Denotes Proposed Contours Denotes Existing Contours NOTE: Proposed grades are subject to results of soil tests. Proposed building information must be checked with approved building plan and development or grading plan before excavation and construction. Proposed grades shown on this survey are interpolations of proposed contours from the drainage, grading and/or development plans. NOTE: The relationship between proposed floor elevations to be verified by builder. NOTE: The only easements shown are from plats of record or information provided by client. Drawn By Signed Gregory R. Prasch, Minn. Reg. No. 24992 Scale: 1" = 30' F.B.No. Project No.I certify that this survey, plan, or report was prepared by me or under my direct supervision and that I am a duly Licensed Land Surveyor under the laws of the State of Minnesota rev Address: Legal Description 7601 73rd Avenue North Minneapolis, Minnesota 55428 (763) 560-3093 DemarcInc.com Proposed Top of Foundation Proposed Garage Floor Proposed Basement Floor Type of Building 89065A 1115-19 Site Plan Survey For: 3435 Crystal Bay Road Orono, MN Prepared this 31st day of July 2020. MIKAN CUSTOM HOMES Property located in Section 17, Township 117, Range 23, Hennepin County, Minnesota That Part of Lot 3, Block 1, "WILEY'S PARK" LAKE MINNETONKA Hennepin County, Minnesota, lying south of Cyrstal Bay Road and northerly of a line running from a point on the westerly line of said Lot 3 a distance of 73 feet northerly of Southwest corner of said Lot 3 to a point on the easterly line thereof a distance of 35 feet northerly of southeast corner thereof. Proposed Hardcover Lot Area 8,293 sq ft Building 1,999 sq ft Wood Deck 336 sq ft Deck Credit -100 sq ft Driveway 1,280 sq ft Total 3,515 sq ft Percentage 42.39% 100- year flood elevation = 931.1 per FEMA Map 27053C0303F effective date 11/4/2016. 08.26.20 building and hardcover MINUTES OF THE ORONO PLANNING COMMISSION Monday, August 17, 2020 6:00 o’clock p.m. _____________________________________________________________________________________ Page 1 of 29 ROLL CALL The Orono Planning Commission met on the above-mentioned date with the following members present: Chair Jon Ressler, Commissioners Chris Bollis, Bob Erickson, Matt Gettman, Scott Kirchner, Dennis Libby, and Mark McCutcheon. Representing Staff were Community Development Director Jeremy Barnhart and City Planners Melanie Curtis. Chair Ressler called the meeting to order at 6:00 p.m., followed by the Pledge of Allegiance. APPROVAL OF AGENDA Kirchner moved, Libby seconded, to approve the Agenda for the August 17, 2020 Planning Commission meeting. VOTE: Ayes 7, Nays 0. APPROVAL OF PLANNING COMMISSION MEETING MINUTES OF JULY 20, 2020 Libby moved, Gettman seconded, to approve the minutes of the Orono Planning Commission meeting of July 20, 2020, as submitted. VOTE: Ayes 7, Nays 0. PUBLIC HEARINGS 1. LA20-000049 SHARRATT DESIGN, 3435 CRYSTAL BAY ROAD, VARIANCES, 6:01 P.M. – 6:33 P.M. Jessica and Kevin aka “KC” Finnegan, Applicants, were present. Staff presented a summary of packet information. Curtis ended the presentation noting as currently proposed planning staff recommends denial of the plan. Should the Applicant make revisions and provide a plan consistent with the allowed 2,000 square foot building footprint, and in turn a reduced hardcover level, staff finds practical difficulties supporting the remaining variances. Ressler invited the Applicant to the podium. Ms. Jessica Finnegan, 3435 Crystal Bay Road, thanked the Planning Commission and noted the architect and builder are also at the meeting. She gave some background on their family, stating she and her husband are relatively new to Minnesota and although her husband is initially from the State, they spent the last 10 years overseas. They are both Army Veterans and want to move back to the United States with their three children, all soon to be teenagers, new drivers and will be attending Orono schools. Ms. Finnegan said they are very excited to be living in the Navarre neighborhood, about a block or two away from Crystal Bay Road and they are very happy with the property and location. She thanked the Commissioners and said she’d leave any questions to the architect. Mr. Mike Sharratt, 464 2nd St, Excelsior, is the architect on the project and said Curtis summed everything up very well. He said the hardest situation to deal with, especially with a family of five, is that there isn’t an ability to put mechanical and storage space in an unseen place, as it becomes building mass whether it’s on the first floor or second floor. He said in the design of the building, they looked at many different ideas including garages to the front, which would reduce the amount of hardcover due to driveway surface. The existing home on the site right now has a driveway alongside and they are putting the MINUTES OF THE ORONO PLANNING COMMISSION Monday, August 17, 2020 6:00 o’clock p.m. _____________________________________________________________________________________ Page 2 of 29 driveway in the same place. He said the reason they conferred to that configuration is because it is currently that way and the family wants to have access to grade from the living space rather than be up a full story above. Many of the homes on Crystal Bay Road, where the grade starts to rise towards the East, have tuck-under garages because of that situation. Mr. Sharratt noted the other thing they could have done is added a third story to the home, but that comes with economic penalties and isn’t necessarily a kind outlook on what building mass does, noting height almost more than anything else creates the appearance of building mass. He said this is a small lot and has the good fortune of having about 50 feet in front of the house to the pavement, whereas many of the homes to the East, as the road diagonals across, become shorter and shorter to the point where there is almost nothing in front, perhaps 15 or 20 feet. Mr. Sharratt said the home will have the appearance of more land because of this and noted they wanted to see if there was a reason it would be logical to say that this is not the land or lot they’re talking about, but it’s the appearance that the land is in the right-of-way. He stated they have designed a very responsible house, the main level is a small three-car garage and living space, which is only dining, kitchen, living room, powder room and mudroom, noting it’s only about 1,100 square feet. The upper level will be larger and it goes out over the garage and they need the space to have three bedrooms for the kids and a master suite facing North along with a bit of space that can be a kid space or rec room, as if they would have had a basement. Mr. Sharratt said they’ve tried to minimize the mass as much as possible and make it more of a story-and-a-half appearance than a full two-story or even a three-story. He welcomed feedback and questions from the Commission. Libby thanked the Applicants for their service and career in the military noting they are very highly valued. He asked Mr. Sharratt to clarify if the proximity of the lot to the lake level is the reason for the significant practical difficulty resulting in lack of a basement and asked if it was because of the water table or because of the mass and trying to avoid having a foundation underneath. Mr. Sharratt answered they are required not to build any floor level, whether a basement or crawl space, below 2 feet above the Hundred Year Flood Plain and that is 933 feet. He said this lot is very flat and has almost no drainage, noting when it rains heavily water sits there, and they cannot build a floor level below, noting the first floor level is only about a foot-and-a-half above that lowest possible level. He said by Federal Emergency Management Agency (FEMA) standards it is impossible and they are not allowed to do it. Libby said he lives in a California Ranch-style single level with no basement, and as the home is within a distance from the lake and the water table is too high it would precipitate all sorts of problems. He stated he has a transite heating system. Mr. Sharratt asked if the transite system works and doesn’t become a drain tile. Libby answered that $60,000 worth of landscaping are the preventative measures for that. He said he wondered why they couldn’t gain some of family’s needed space by putting a lower level in and thanked Mr. Sharratt as he appreciates the clarification. Mr. Sharratt said the only way to do it is to lift the entire home up a full story. Chair Ressler opened the public hearing at 6:13 p.m. There were no public comments regarding this application. MINUTES OF THE ORONO PLANNING COMMISSION Monday, August 17, 2020 6:00 o’clock p.m. _____________________________________________________________________________________ Page 3 of 29 Chair Ressler closed the public hearing at 6:13 p.m. Chair Ressler started the discussion with the observation that there has been quite a bit of building done on Crystal Bay Road in the past couple of years and none of them have been easy applications. He thinks the difficulties that the Applicant is facing are very similar to the difficulties of the previous applications that the Planning Commission has addressed in that neighborhood. The struggle is they are limited to what is there as it’s much easier to pass rebuilding-in-kind to existing structure. The other difficulty that they often have in Orono is average lake yard setbacks, so even though they have more breathing room before the road, the neighbor’s viewpoints need to be protected, which makes it difficult to encroach further toward the lake. Ressler said it is certainly not an easy envelope to build on but is a desirable place to live and the difficulty is that approving additional hardcover in a small space takes a lot of practical difficulty and that is what the Commission needs to deliberate on for this application. McCutcheon said Crystal Bay Road is like a broken record every time and his heart goes out to people. He said at the same time, these lots were meant as original cabin lots and although this floor plan is modest and not egregious regarding home designs today, it is what it is, they recently bought it and the hardcover is kind of the dealbreaker for the application. He again noted his heart goes out to the applicants. He said he would be inclined to go with Staff’s recommendation and deny the application. Gettman said he is looking at the neighbors lots and trying to compare, as one of the considerations is how does the house fit in with the neighborhood. As you look at some of those lots, the proposal before the Commission is going to be on the larger side of what some of the other folks have, yet at the same time it sounds like the Applicant is working with Staff to figure out how to get it as close as possible. He noted the heartache that McCutcheon felt and said the struggle is weighing how this impacts the other neighbors and what other exceptions are they going to have to allow for all of them as well, as the houses turn over and they want to do expansions. He said what the Applicant is trying to do is very conscientious in the way they are working with the architect and design and he appreciates that but that is where the Commission is stuck. Bollis had nothing additional to add and said he agrees with Staff on this application. Kirchner agreed with Staff on this application, noting while it is a very modest floor plan and house, he thinks it is too much of an ask for the size of the variances and the percentages and square footage that were over. One thing he should have asked of the architect and maybe something to clarify going forward, he sees on the plan a three or four car garage and he asked if the Commission is being asked to evaluate the space on three or four cars and does that changes the square footage proposal. Curtis noted they are asking for a three-car garage, and the elevation view of the home as well as the measurement of the garage at 30 feet indicates that it would be a small three-car garage. Mr. Sharratt said a four-car garage was a dream and was a holdover from the preliminary plan, but clarified it would be a three-car garage. Erickson said the Staff has done a wonderful job of sorting out the complexity of the various variances required and he is supportive of their conclusion that variances are justified for most of the proposal. However, he agrees that this goes to the intent of the ordinance and in this case it appears that the intent is very clear that with the smaller size of the lot in this zoning category a special effort was made by the drafters of the ordinance that there would be a cap of 2,000 feet. That level of specificity is not present in MINUTES OF THE ORONO PLANNING COMMISSION Monday, August 17, 2020 6:00 o’clock p.m. _____________________________________________________________________________________ Page 4 of 29 other ordinances and other situations, so he can very clearly tell that Staff has made the right recommendation in requesting a redesign for a footprint of 2,000 feet or less. Libby agrees with Staff on this for the same reasons as Erickson. Gettman asked to clarify if the current square footage of the structures that are there are actually larger than what they are proposing. Curtis answered no, she doesn’t believe so. Gettman said maybe he is misunderstanding and thought the existing hardcover is 3,865. Curtis said the 3,865 is not the structure. The existing structure is 1,698, although the hardcover is larger by about 20 square feet. She said the configuration with the garage, noting the dark areas they are looking at on the page are the bituminous, so it is further back than the proposed plan, it pulls the garage back, noting a detached area and parking area on the page, and said now what is proposed is a house filling that area. Gettman asked to see the aerial view of the neighborhood and asked if they would be consolidating the two separate structures on the existing lot. Curtis answered yes and it would be slightly larger. Gettman asked if the overall, including the driveway and everything else in between would end up reducing it by about 20 square feet. Curtis answered yes. Ressler noted he’s looking at the setbacks and is trying to monitor Staff recommendation because they like to take a lot of consideration into that as the Staff knows more about the rules than probably anyone. He said the front street setback of 30 feet required, and noted the existing is 32.8 feet and asked if the application was proposing further encroaching towards the street right now. Curtis said the home will conform and the porch will be in the front setback by four feet or so, but the guideline the Applicant used, that was discussed, was the average setback. They did move into that front setback but are sticking with the average lakeshore setback - although they’re not subject to it - as it is more consistent with the neighborhood sightlines. Ressler asked if in the Staff feedback the main and only disagreement was over structure because they’re improving hardcover and it seems amicable with what they’re doing with the setbacks. Curtis answered yes, in comparing the properties along the street, this lot does not have the benefit of the road area, noting if this lot were to go to the lake (minus the road area), they would be nearly conforming with their structural coverage proposed but because the platted right-of-way comes so deep into the property it does not conform. The structure is the Staff’s hang-up. Ressler noted the road comes into the discussion on every one of these applications. He said he tends to agree with Staff based on this, he thinks the clarification Curtis just provided is exactly how he looks at it. MINUTES OF THE ORONO PLANNING COMMISSION Monday, August 17, 2020 6:00 o’clock p.m. _____________________________________________________________________________________ Page 5 of 29 Ressler said he built on a similar sized lot on Crystal Bay six years ago and that’s how he ended up here as there so many rules to try to comply to and fitting so many things into such small places but it’s such expensive land that you need to try to maximize what you’re able. On a personal and professional level, he said Orono has gotten a lot more lax on height, which gives more square-footage-ability to build upward. Being that the family is not originally from the area, he noted he can personally appreciate the ability to go up much easier than perhaps has been in the past. One of the things the Commission has heard from the City Council and Staff is that structures are a really difficult one to overcome. He agrees with Staff on this application, he is okay with everything else, but the structure is where he struggles. Kirchner moved to approve of the lot area and setback but denial of the structural coverage variance of LA20-000049 Sharratt Design, 3435 Crystal Bay Road. Ressler noted a motion of partial approval and partial denial and deferred to Staff as it may be cleaner to deny the application because they have what is submitted with feedback. Curtis answered that because the Commission has generally expressed support for the Staff recommendation, which was if the Applicant resolves the structural coverage issue, the other variances are supportable. She thinks it is cleaner to deny the proposal as presented with the feedback that the Commission is giving the Applicant on the rest of the application. Ressler asked if the Applicant could go to the City Council with an amended plan and the Council would have the Commission’s feedback on the items that would theoretically be supported without having to come back to the Commission. Curtis said yes and that would be what she would reflect in her report to the Council. Kirchner said with that understanding he would like to amend his motion. Kirchner moved, Gettman seconded to amend the motion to LA20-000049 Sharratt Design, 3435 Crystal Bay Road for denial of the entire application with the feedback provided to the City Council going forward. Vote: Ayes 7, Nays 0. Ressler asked for further clarification of the feedback on whether the Commissioners are supportive of the rest of the items in the application or not, as that would be good for the Council to have in case this does go further. McCutcheon stated they started with that and said with all of the variances and allowances discussed, the setback and driveway, they have to hit the threshold somewhere. He said the feedback would be that all of the variances and setbacks are fine, it’s just that the mass of the structure itself is the one thing that would have to be adjusted with the next application. Ressler noted that McCutcheon recommended approval of everything on the application except structure, just to clean everything up. Libby agreed with Kirchner’s delineation with one comment, noting the builder commented about the fact that the massing of any elevation changes and height could be more of a deterrent than an asset. He said they are already at the midpoint so as much as he’d like to see additional space in stick-up-structure MINUTES OF THE ORONO PLANNING COMMISSION Monday, August 17, 2020 6:00 o’clock p.m. _____________________________________________________________________________________ Page 6 of 29 (higher), it doesn’t seem like there is that option with the 30-foot maximum height ordinance. He said he would agree with Kirchner’s motion. Ressler said naturally they wouldn’t want to create another variance application, or part of the variance with any sort of height, but his observation is that height restrictions have gotten a bit more flexible than they have been in the past. Erickson said if he understands correctly, they’re asking for a redesign to remove the 2,000 square foot footprint. Ressler said they are trying not to, but he is seeking feedback to see if there is a recommendation that supports Staff’s recommendation, supporting the variances at hand with the exception of the structure, so that would be the lot area, lot width, hardcover and setbacks with a denial on structural. He said if they’re going to deny the application as applied which is traditionally what the Commission will do because they don’t want to redesign the application on the fly, he wants to know if all the Commissioners agree that they’re in support of lot area, lot width, hardcover and setbacks with the exception of structure. Erickson said he would go with that. Ressler noted that Kirchner had been heard so asked Bollis. Bollis said he agrees with Staff on the application. Gettman agreed. 2. LA20-000045 MAJID FEHRESTI, 3416 SHORELINE DRIVE, APPEAL OF ZONING DECISION, 6:33 P.M. - 7:31 P.M. Majid Fehresti, Applicant, was present. Staff presented a summary of packet information. Barnhart closed by saying the Planning Commission should review the information and determine if staff applied the zoning code incorrectly. The options available to the Planning Commission are: 1) Staff was correct in applying the zoning ordinance, a Conditional Use Permit is required; 2) Staff was incorrect in applying the zoning ordinance, the use is an accessory use. [The Commission must identify what use is the principal use.]; 3) Staff was incorrect in applying the zoning ordinance, but the use is not listed, and therefore is prohibited. a.) The Commission could suggest that an ordinance amendment is appropriate which would identify the described use as a permitted or conditional use in the B-1 zoning district. Ressler summarized and noted looking at the application and hearing what Barnhart said, he thinks the biggest concerns that Staff has are the limitations to the space that this property is occupying, for example, as the Applicant has stated in their application, and will be able to talk about this when they are called up for the Applicant presentation. He noted the Commission doesn’t have a classification of how it is described in the application and there is also difficulty in understanding whether they want to allow that use in the Conditional Use Permit (CUP) for an area that is designated for retail. Barnhart answered yes, but the discussion on the appropriateness of a potential change would come with that proposed change and he’s not asking the Commission to do that analysis at this stage. Date Application Received: 07/22/2020 Date Application Considered as Complete: 08/07/2020 60-Day Review Period Expires: 10/06/2020 To: Chair Ressler and Planning Commission Members Dustin Rief, City Administrator From: Melanie Curtis, Planner mcc Date: 17 August 2020 Subject: #LA20-000049, Michael Sharratt, Sharratt Design, Kevin & Jessica Finnegan, 3435 Crystal Bay Road Variances Public Hearing Background The applicant is requesting variances in order to construct a new home on a property with substandard area and width. Additionally requested are structural coverage, setback, and hardcover variances to permit 46.3% hardcover where 25% is permitted and a 2,396 square foot footprint where 2,000 square feet is permitted. Practical Difficulties Analysis Applicant Submittal Information: The applicant has identified restrictive ordinances applying to the property which is 38% of the minimum size for the zoning district and grades that do not allow the development of basement/mechanical/storage functions as practical difficulties supporting the requested variances. 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: The property is nonconforming with respect to area and width. The applicant has designed a new house which fits within the required side and rear setbacks; and reflects a slight reduction from the existing hardcover level by 19 square feet. Staff finds practical difficulties inherent to the location, size, and shape of the lot affecting the property which justify the lot width, lot area, hardcover, and setback variances allowing redevelopment. The footprint of the proposed home exceeds the permitted footprint size by 396 square feet. The house should be redesigned to fit within the parameters of the zoning district. Application Summary: The applicant is requesting variances in order to redevelop the property with a new residence. Variances for lot area, lot width, hardcover, and setback are required. A structural coverage variance is also requested. Staff Recommendation: Planning Department Staff recommends denial of the plan as proposed, see page 6. FILE #LA20-000049 17 August 2020 Page 2 of 6 LOT ANALYSIS WORKSHEET Section 78-350 & 78-1279 - Setbacks: LR-1C Required Existing Proposed Front/Street 30’ 32.8’ house ±17’ grade-level deck ±26’ to the covered porch 34.2’ to the house Rear 30’ 66’ house ±9’ garage 30’ West Side 7.5’ 13.3’ house 8.6’ garage 12.7’ East Side 7.5’ 11.1’ 7.5’ Lakeshore 75’ 114’ 123’ Section 78- 350 - Lot Area/Width: LR-1C Lot Area Lot Width Required 21,780 s.f. (0.5 acres) 100’ Actual 8,293 s.f. (0.19 acre) 50.7’ Section 78-1403- Structural Building Coverage: Total Lot Area Total Structural Coverage 8,293 s.f. (0.19 acre) Allowed: 2,000 s.f. Existing: 1,698 s.f. Proposed: 2,396 s.f. Section 78-1680 and 78-1700 - Hardcover Calculations: Stormwater Overlay District Tier Total Area in Zone Allowed Hardcover Existing Hardcover Proposed Hardcover Tier 1 8,293 s.f. 2,073 s.f. (25 %) 3,865 s.f. (46.6%) 3,846 s.f. (46.3%) Applicable Regulations: Lot Area and Lot Width Variances (Section 78-350) Zoning Code Section 78-72 provides options for the redevelopment of lots which do not meet the minimum area or width requirements for the respective zoning district. Substandard properties within the Shoreland Overlay District, like the subject lot, are able to be redeveloped without variances if specific standards are met; such as: 1. All setback requirements can be met; 2. A Type 1 sewage treatment system consistent with Minnesota Rules, chapter 7080, can be installed or the lot is connected to a public sewer; and 3. The impervious surface coverage meets all hardcover location and square footage FILE #LA20-000049 17 August 2020 Page 3 of 6 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 variances 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. Front Setback Variance (Section 78-350) The proposed home is not a lakeshore lot, however the guidance used to determine setback by the applicant is the average lakeshore setback line which is consistent with the rest of the properties along Crystal Bay Road. The proposed home as a non-lakeshore lot has a 30-foot front setback requirement from the front property line on the north. The proposed home is set back 26 feet from the front. The rear and side setbacks for the home will be met. Structural Coverage Variance (Section 78-1403 The existing home and garage are 1,698 square feet; as proposed the new home is 2,396 square foot (footprint). This parcel is one of four on Crystal Bay Road which is not encroached on by Crystal Bay Road. Consequently, these (and the other three) are small related to many of the other lots. The Code contemplates structural coverage for these small lots by allowing a flat 2,000 square feet for structural coverage in lieu of the 20%. For this lot, 2,000 square feet is 24%; the applicant is proposing 28.9%. Driveway Setback Variance (Section 78-1405(5)) The proposed driveway is shown to be in the same general location and setback as the existing driveway. The proposed driveway will be 1.5-feet from the property line where a 5-foot setback is required; 29 feet longer than existing due to the change in house layout. Hardcover Variance (Section 78-1700) The applicant is proposing 46.3% total site hardcover (3,846 square feet) where 25% is permitted; 1,773 square feet more than allowed. A side load garage is proposed with a 20-foot back up apron and a 9-foot wide driveway access. They have designed the remainder of the driveway with the minimal hardcover required to access the property. As noted above, the proposed building coverage in excess of the permitted 2,000 square feet further exasperates the hardcover level requested. Governing Regulation: Variance (Section 78-123) In reviewing applications for variance, the Planning Commission shall consider the effect of the proposed variance upon the health, safety and welfare of the community, existing and anticipated traffic conditions, light and air, danger 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 FILE #LA20-000049 17 August 2020 Page 4 of 6 demonstrated that such actions will be in keeping with the spirit and intent of the Orono Zoning Code. Economic considerations alone do not constitute practical difficulties. Practical difficulties also include but are not limited to inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth-sheltered construction as defined in Minn. Stat. § 216C.06, subd. 2, when in harmony with this chapter. The board or the council may not permit as a variance any use that is not permitted under this chapter for property in the zone where the affected person's land is located. The board or council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling. According to MN §462.357 Subd. 6(2) variances shall only be permitted when: 1. The variance is in harmony with the general intent and purpose of the Ordinance. Due to the scope, some of the proposed variances are not in harmony with the purpose of the Ordinance. The substandard lot has difficulties in its small size and depth, and relationship with the surrounding properties. The right-of-way for Crystal Bay Road in this location is 66 feet wide, as the road travels west the right-of-way is not present which makes this property and the two neighbors unique. The house setback on the lake side is shown to be consistent with the neighborhood. Although not a lakeshore lot, the majority of the properties along Crystal Bay Road are lakeshore, and subject to the average lakeshore setback protecting views of the lake. The home meets side and rear setbacks which helps to provide the necessary open space. The hardcover level proposed is an improvement from the existing condition and is supported by the small lot challenges. 2. The variance is consistent with the comprehensive plan. A number of the type of variances proposed to develop a nonconforming lot of record are consistent with the comprehensive plan, such as lot area, rear setback, lake setback, and if necessary, some level of hardcover variance. However the hardcover and structural coverage levels proposed are inconsistent 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, within the required front setback appears to be reasonable as the property’s reduced size and orientation with respect to the Crystal Bay Road right-of-way, and adjacent properties creates difficulties. However, the requested structural and hardcover levels may be unreasonable. b. There are circumstances unique to the property not created by the landowner; The uniquely small size, location with respect to the right-of-way, and required setbacks prevent a residential footprint consistent with the neighborhood. There should be consideration for variance approvals from the hardcover limitation, the front setback, the side setback for the driveway and the lot area requirements. Nevertheless, the proposed hardcover and structural levels are not supported by practical difficulty; and c. The variance will not alter the essential character of the locality. The scale of the home footprint and hardcover requested should be reduced to be more in character with the immediate neighborhood. The lot area and width variances are requested in order to permit construction of a home, which are reasonable. Additionally City Code 78-123 provides additional parameters within which a variance may be granted as follows: FILE #LA20-000049 17 August 2020 Page 5 of 6 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 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, width, depth, and unique configuration creates difficulties which also apply to many of the properties in the same neighborhood. The setbacks are not out of character. The proposed structural and hardcover levels 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 and width, including the unique non- lakeshore status on this roadway creates difficulties which apply to very few properties along Crystal Bay Road. 10. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. Granting lot area, lot width, front and driveway setback variances are necessary for the preservation of the property right of the owners. The variances for the hardcover and structural coverage levels proposed are a request beyond preservation of a basic property right. 11. The granting of the proposed variance will not in any way impair health, safety, comfort or morals, or in any other respect be contrary to the intent of this chapter. Granting some level of hardcover variance, the driveway setback, lot width and area, and front setback variances in this unique situation are not contrary to the intent of the zoning chapter. However the proposed levels of structure and hardcover is not supported by practical difficulty and may be 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, driveway and front setback including some more appropriately scaled level of hardcover variances are necessary, and do not merely serve as a convenience to the applicant. The additional variances for hardcover and structure as proposed would be strictly for the convenience of the property owner and unsupported by practical difficulties. The Commission may recommend or Council may impose conditions in granting of variances. Any conditions imposed must be directly related to and must bear a rough proportionality to the impact created by the variance. No variance shall be granted or changed beyond the use permitted in this chapter in the district where such land is located. FILE #LA20-000049 17 August 2020 Page 6 of 6 Public Comments The neighbors on either side have signed the adjacent property owner acknowledgment form. To date, no public comments have been received. Issues for Consideration 1. Does the Planning Commission find that that the property owner proposes to use the property in a reasonable manner which is not permitted by an official control? 2. Does the Planning Commission find that the variance(s), if granted, will not alter the essential character of the neighborhood? 3. Does the Commission find it necessary to impose conditions in order to mitigate the impacts created by the granting of the requested variance(s)? 4. Are there any other issues or concerns with this application? Planning Staff Recommendation Recognizing some variances are necessary and appropriate, Staff discussed the proposal with the applicant and recommended a reduction in both structure and hardcover in order to reach a plan including variances which were more reasonable. As of this writing, the applicant and property owners are contemplating some reductions. As currently proposed planning staff recommends denial of the plan. Should the applicant make revisions and provide a plan consistent with the allowed 2,000 square foot building footprint, and in turn a reduced hardcover level, staff finds practical difficulties supporting the remaining variances. The Planning Commission must react to the plan provided. List of Exhibits Exhibit A. Application and Narrative Exhibit B. Practical Difficulties Documentation Form Exhibit C. Proposed Survey Exhibit D. Proposed Plans and Elevations Exhibit E. Hardcover – Existing & Proposed Exhibit F. Existing Survey Exhibit G. Property Owners List & Neighbor Acknowledgment Exhibit H. Plat Map References 2040 Community Management Plan AGENDA ITEM 1. Mayor Walsh will be presenting this item. Exhibit A. Proclamation Item No.: 12 Date: September 14, 2020 Item Description: Proclamation for Constitution Week Presenter: Dennis Walsh, Mayor Agenda Section: Presentation CITY OF ORONO HENNEPIN COUNTY, MN A PROCLAMATION DESIGNATING SEPTEMBER 17 – 23, 2020 AS CONSTITUTION WEEK WHEREAS, It is the privilege and duty of the American people to commemorate the two hundred and thirty-third anniversary of the drafting of the Constitution of the United States of America with appropriate ceremonies and activities; and WHEREAS, Public Law 915 guarantees the issuing of a proclamation each year by the President of the United States of America designating September 17 through 23 as Constitution Week, NOW, THEREFORE I, Dennis Walsh by virtue of the authority vested in me as Mayor of the City of Orono in the State of Minnesota do hereby proclaim the week of September 17 thru 23, 2020 as CONSTITUTION WEEK And urge all citizens to study the Constitution and reflect on the privilege of being an American with all the rights and responsibilities which that privilege involves. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Orono, Minnesota to be affixed this 14th day of September of the year two thousand twenty. CITY OF ORONO: ____________________________ Dennis Walsh, Mayor ATTEST: ___________________________________ Anna Carlson, City Clerk AGENDA ITEM 1. Mayor Walsh will be presenting this item. Exhibit A. Proclamation Item No.: 13 Date: September 14, 2020 Item Description: Proclamation Recognizing National Pregnancy and Infant Loss Remembrance Day Presenter: Dennis Walsh, Mayor Agenda Section: Presentation CITY OF ORONO HENNEPIN COUNTY, MN A PROCLAMATION RECOGNIZING OCTOBER 15, 2020 AS NATIONAL PREGANANCY AND INFANT LOSS REMEMBRANCE DAY Whereas, Infants Remembered In Silence, Inc. (IRIS) and many other nonprofit organizations work with thousands of parents all over Minnesota and across the United States who have experienced the death of a child during pregnancy through early childhood; and Whereas, Many of these parents live in, deliver in, have a child die in, or a bury a child in our community; and Whereas, Infants Remembered In Silence (IRIS) a 501(c) (3) nonprofit organization was founded 1987, 33 years ago, to offer support for parents whose child/children died from miscarriage, ectopic pregnancy, molar pregnancy, stillbirth, neo-natal death, birth defects, sudden unexplained death of a child (SUDC), sudden infant death syndrome (SIDS), illness, accidents, and all other types of infants and early childhood death; and Whereas, bereaved parents around the world remember their children annually on October 15 with candle lighting at 7 pm. Some will remember their child/children in their homes while others will remember them in small gatherings around the state, across the nation and around the world; and this would unify these parents in tribute to their children; and Whereas, in honor of the thousands of children that die each year in Minnesota, Infants Remembered In Silence, Inc. (IRIS) respectfully requests that October 15th, 2020 be recognized as Pregnancy and Infant Loss Remembrance Day. NOW, THEREFORE I, Dennis Walsh by virtue of the authority vested in me as Mayor of the City of Orono in the State of Minnesota do hereby proclaim October 15, 2020 be recognized as Pregnancy and Infant Loss Remembrance Day. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Orono, Minnesota to be affixed this 14th day of September of the year two thousand twenty. CITY OF ORONO: ATTEST: ____________________________ Dennis Walsh, Mayor ___________________________________ Anna Carlson, City Clerk AGENDA ITEM Prepared By: J. Barnhart Reviewed By: DJR Approved By: DJR 1. Purpose. To consider a preliminary plat for a 5 lot single family residential subdivision and a Comprehensive Plan Amendment (CPA) to expand the Municipal Urban Service Area. 2. State Mandated review deadlines. The deadline for the preliminary plat is December 5th, 2020. The deadline for the CPA has been extended and will expire on November 20, 2020. 3. Background. The City Council reviewed this project in sketch plan form on March 9, 2020 (LA19-102). At that time, it was a 5 lot subdivision to be served by onsite septic systems. In June, the Council reacted favorably to an informal request to expand the MUSA to allow the lots to be served by municipal sewer to mitigate finding suitable septic sites. The proposal shows 5 single family lots, and a new private road extending off of Orono Orchard Road. The private road will terminate in a conforming cul de sac. All lots will be served by sanitary sewer, and will connect to the Met Council trunk line (pending MUSA expansion approval). All lots are conforming to size requirements (2.0 acres gross, 0.5 acres dry buildable). Lots 1 and 2 do not conform to the width requirement due, though both are consistent with the sketch plan supported by the Council. Lot 5 has an existing sanitary sewer easement running through the lot, and as is, will reduce the buildability of this lot, potentially a self-created hardship. There has been some discussion of vacating the easement, but no formal action taken. Stormwater management will conform to City and watershed requirements. The Planning Commission staff report provides additional analysis on the preliminary plat. The proposed MUSA expansion will impact the City’s Urban area calculated density, lowering it from 4.684 to 4.437 units per acre. The minimum is 3.0 units per acre. An amendment to the Comprehensive Plan occurs in two steps. Step one the City Council conditionally approves a change, directing staff to initiate the amendment process with the Metropolitan Council. Step two, following Met Council approval, the City Council finalizes the A 3 609 394 154 1 4.684 +68 +64 +353 2 Add 135 Orono Orchard Road (Urban Low Dens)13 0.5 5 4.437 +75 +64 +353 MUSA totals 227.2 1008 3 Notes 135 Orono Orchard Road Net Residential Acres (NRA) Lowest Guided Density Predicted # of units on property Calculated City Density 2021-2030 Growth Difference (deficit) 2031-2040 Growth Difference (deficit) No Change (Current Comprehensive Plan Calculations) "Affordable Housing" Acre units Requirements Affordable Housing Acre Units are the number of acres guided for densities at 8 units/ acre or more x 8. Growth difference is the number of units above (or below) the projected growth for 2021-2030 and 2031-2040 Predicted Density, Based on Net Density Table 3B-4, 2040 CMP Calculated Density is density of all sewered areas in Orono, must be above 3.0 Item No.: 14 Date: September 14, 2020 Item Description: LA20-000030 and LA20-000050 – Eric Luth o/b/o Gordon James Construction, 135 Orono Orchard Road, Preliminary Plat and Comprehensive Plan Amendment – Resolution Presenter: Jeremy Barnhart, AICP Community Development Director Agenda Section: Planning Department Report AGENDA ITEM Prepared By: J. Barnhart Reviewed By: DJR Approved By: DJR amendment, sometimes concurrent with the final plat. 4. Planning Commission Vote and Comment. At its meeting on August 17, 2020, the Planning Commission reviewed the revised preliminary plat and the Comprehensive Plan Amendment, holding public hearings for both. Following the public hearing, the Planning Commission voted 6-1 on a motion to expand the MUSA (Gettman voted no), and 7-0 on a motion to approve the preliminary plat. The Commissioners were comfortable with the flexibility requested in the plan, and felt that the expansion of the MUSA was appropriate. Gettman felt that the MUSA expansion should occur in true high density areas. 5. Public Comment. Comments from the neighbors were received and were included in the Planning Commission packet. Comments from the City of Long Lake regarding the Comp Plan Amendment have been requested but have not yet been received. 6. Staff Recommendation. Staff recommends the Council adopt the resolution approving the preliminary plat and the Comprehensive Plan Amendment. COUNCIL ACTION REQUESTED City Council should review the approval resolution and adopt or amend. Exhibits A. Draft Resolution B. Preliminary Plat C. Plans D. MUSA Boundary proposed E. Planning Commission staff report F. Draft PC Minutes G. Plat Narrative H. CPA Narrative I. Conservation Design Summary J. Planning Comments K. Engineering review L. Site Pictures M. House Styles N. Comp Plan Excerpt References 2040 Comprehensive Plan LA19-102 Case file and associated minutes CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. ________________________ 1 A RESOLUTION APPROVING A PRELIMINARY PLAT FOR ORCHARD HILL (FILE NO. LA20-000030) AND A COMPREHENSIVE PLAN AMENDMENT #3 TO EXPAND THE METROPOLITAIN URBAN SERVICE AREA (FILE NO. LA20-000050) WHEREAS, on April 22, 2020 Eric Luth, o/b/b YMCA of the Greater Twin Cities and Gordon James, LLC (“Applicant[s]”), applied for a preliminary plat for the property legally described in Exhibit A, (hereinafter the “Property”); WHEREAS, on July 22, 2020 Eric Luth, o/b/o Harry Schleetar and Gordon James, LLC (“Applicant[s]”), applied for a Comprehensive Plan Amendment (CPA) for the property legally described in Exhibit A, (hereinafter the “Property”); WHEREAS, on May 18, 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 the preliminary plat application were given the opportunity to speak thereon; and WHEREAS, on August 17, 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 the revised preliminary plat and CPA application were given the opportunity to speak thereon; and WHEREAS, on August 17, 2020, the Planning Commission recommended approval of the preliminary plat and CPA; and WHEREAS, on September 14, 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 preliminary plat as described above based on one or more of the following findings of fact concerning the Property: CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. ________________________ 2 NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of Orono, Minnesota hereby approves the Comprehensive Plan Amendment based on one or more of the following findings of fact concerning the Property: FINDINGS OF FACT: 1. This application was reviewed as Zoning Files #LA20-000030 (Preliminary Plat) and LA20-000050 (Comprehensive Plan Amendment). 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 RR-1B Zoning District. 3. The property is guided for Low Density Residential in the 2040 Community Management Plan. 4. The Property contains 39.4 acres in area. 5. The parcel will be subdivided into 5 buildable lots and platted right of way. All lots conform to the size requirements of the city code, the City Council supports flexibility in determining lot width for lots 1 and 2. 6. The Developer has prepared grading plans to manage stormwater on site without negatively impacting adjacent parcels. 7. Access to the property is via the existing Orono Orchard Road, a public street. 8. The Parks, Trails and Open Space element of the Orono Community Management Plan (CMP) has no current plans for parks that specifically require dedication of park land from this property. 9. The developer has submitted a Conservation Design Master Plan prepared by Sambatek dated April 22, 2020 that inventories and describes in detail the environmental features of the site, defining what natural values of the site should be preserved or enhanced and how that should occur. CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. ________________________ 3 CONCLUSIONS, ORDER AND CONDITIONS: I. Based upon one or more of the above findings, the Orono City Council hereby grants approval of an Amendment to the City of Orono Comprehensive Plan to expand the Metropolitan Urban Service Area to incorporate the area described in Exhibit A and directs staff to submit same to the Metropolitan Council. II. Further, based upon one or more of the above findings, the Orono City Council hereby grants preliminary plat approval to allow the subdivision of the property into 5 lots, as depicted on the plans dated July 22, 2020 prepared by Sambatek, attached as Exhibit B, subject to the following conditions: A. Project Specific Conditions 1. This approval is subject to the approval of the Comprehensive Plan Amendment to expand the MUSA boundary by the Metropolitan Council, and confirmed by the Orono City Council after approval by the Met Council. 2. Approval by the Met Council of the connection point and any necessary permits for the sanitary sewer system. 3. The applicable general engineering comments and or conditions provided by City Engineer dated August 3, 2020 attached hereto as Exhibit C shall be suitably addressed by applicant in the development plan submittal. 4. Easements shall be provided as required by the City Engineer. 5. Significant trees shall be preserved to the extent possible and as shown on the landscaping plans. 6. Upon evidence of pre-settlement history (Human bones, Native American artifacts, etc.), the developer will contact the city and the State Historical Preservation Office prior to proceeding. 5. The following estimated fees are due at the time of final plat unless otherwise noted. These fees are based on the 2020 Fee schedule and the fee schedule in effect at the time of Final Plat approval will govern. CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. ________________________ 4 a. Stormwater and Drainage Trunk: The property will be subject to the Stormwater and Drainage Trunk Fee (SW&DT Fee) of $32,240.00 (Number of new lots (4) times per lot amount ($8,060). b. Sewer: The costs to construct the Sewer system within the site will be the developers responsibility. The Metropolitan Council SAC charge which is currently $2,485 per dwelling unit will be due at the time of building permit for each lot. The City’s sewer charge is $5,380.00 per lot (5), or $26,900.00. c. Park dedication: $22,200.00 ($5,550 x 4 new lots). B. General conditions imposed on preliminary plats shall apply, and are as follow: 1. Appropriate traffic control signage within and pertinent to the site shall be installed by the Developer subject to the City Engineer's review and approval. 2. Applicant shall demonstrate to the satisfaction of the City Council that all requirements of the Minnehaha Creek Watershed District as administrator of the WCA regulations on Orono’s behalf, are complied with. 3. Erosion control shall adhere to "Best Management Practices for Protecting Water Quality in Urban Areas" and to the approved SWPPP. All erosion controls as required by the City and the MCWD shall be in place prior to commencing grading and excavation on the site. All such erosion control measures shall be maintained in working order until the site is vegetated and stabilized. 4. The construction limits shall be clearly marked with adequate fencing to prevent any construction damage or disturbance of any trees and vegetation outside of the construction limits area. Developer shall identify trees to be preserved on site, shall mark them on a site plan, and shall take extraordinary measures such as fencing, signage, etc. to ensure they are not disturbed. 5. This approval is based upon the known issues that may affect this project, but this approval does not limit the City from revising or amending these conditions as the review process continues. 6. Council approval is based on the entire record, above Findings. CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. ________________________ 5 7. Any amendments to the plans which are not in conformity with City codes may require further Planning Commission and City Council review. 8. The Council accepts the non-conforming lot width of lot 1 and designates the front lot line of this lots is the frontage along the new private road. 9. The Council accepts the non-conforming lot width of lot 2 due to the frontage along the cul de sac. 10. Authorities granted by this resolution run with the Property not with the Applicants, but are permissive only and must be exercised by filing a final Plat application within one year of the date of Council approval, or the preliminary plat will expire on that date (September 14, 2021). 11. Violation of or non-compliance with any of the terms and conditions of this resolution may result in the termination of any authority granted herein. C. Plans and Specifications. The following plans and specifications shall be submitted for review and approval by the City and other appropriate jurisdictions: 1) Final plans and specifications for all proposed utility lines and services, including any proposed revisions to existing service facilities. Proposed plans shall be provided to the City for final review and approval with the Final Plan set. The Public Works Department and any other pertinent reviewing agencies shall review and approve all utility improvements. Final sanitary sewer and watermain plans shall be provided and are subject to approval by the Public Works Department and City Engineer. 2) Final Street and Storm Sewer Plans. 3) Final Grading, Drainage and Erosion Control Plan and SWPPP showing existing and proposed contours, building locations, elevations, stormwater facilities and calculations, utilities and erosion control measures to be used during construction. General Development Plan Approval will not be granted until the Minnehaha Creek Watershed District has approved the stormwater plans. 4) Landscaping plan to reflect a more natural pattern of replacement trees, versus a CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. ________________________ 6 lineal replacement pattern along the new road. 5) Any additional plans and specifications deemed necessary by the City as review progresses. D. Platting Process. Applicant shall complete all requirements for Final Plat Approval as follows. The following list of final submittals must be submitted to the City. These submittals are as follows: 1). Record plat drawings in the form of two (2) mylar copies (one copy for the City's records and one for filing with Hennepin County) and one (1) copy reduced to 1" = 200'. Drawing to include: A. Lot lines platted per preliminary plat survey/drawing by Sambatek dated April 22, 2020 attached hereto as Exhibit B, except as modified herein. B. Dedication of "drainage and utility easements" 10' along exterior property lines and 5' along the interior property lines. C. Dedication of “Drainage Easements” over all drainageways. D. Name of plat. 2). Legal documents required: A. Title opinion addressed to the City or a title insurance policy in favor of the City. All owners, mortgage holders or others with property interest indicated therein shall sign the plat and all other documents affected by such interest. B. The applicant must provide certified copies of all recorded easements currently affecting the property. C. Signed Developers Agreement and Letter of Credit for construction of improvements. The City Engineer shall establish the amount to be provided in the Letter of Credit. D. One original copy of any private covenant, homeowners' association agreement or other private restriction intended to be filed in the chain of title of the property at the time the final plat or survey is recorded. CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. ________________________ 7 3). Fees required: Application fee, Park dedication, Stormwater and Drainage Trunk enumerated above. E. Development Agreement. Development Approval is contingent upon the successful execution of a Development Agreement between the applicant and the City. Such Agreement shall address all specific City requirements for the development. F. Financial Guarantee. The Development Agreement shall include a financial guarantee by the applicant to ensure the completion of site improvements. The City Engineer shall complete an estimate of improvement costs, including but not limited to streets, curb & gutter, sanitary sewers, landscaping, grading, erosion control, utilities, and stormwater management facility construction, and the applicant shall provide to the City a financial guarantee of 150% of the improvement costs. ADOPTED by the Orono City Council on this 14th day of September, 2020. ATTEST: CITY OF ORONO: _______________________________ ________________________________ Anna Carlson, City Clerk Dennis Walsh, Mayor CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. ________________________ 8 Exhibit A Legal Description CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. ________________________ 9 Exhibit B Preliminary Plat 1 2 5 4 3 B L O C K 1 OUTLOT A ORONO ORCHARDROAD NORTH P r o j e c t L o c a t i o n D a t e S u b m i t t a l / R e v i s i o n N o . C e r t i f i c a t i o n S h e e t T i t l e S u m m a r y R e v i s i o n H i s t o r y S h e e t N o . R e v i s i o n P r o j e c t N o . B y D e s i g n e d : D r a w n : A p p r o v e d : B o o k / P a g e : P h a s e : I n i t i a l I s s u e : C l i e n t G O R D O N J A M E S C O N S T R U C T I O N 5 1 5 9 M A I N S T R E E T S U I T E 2 0 0 M A P L E P L A I N , M N 5 5 3 5 9 O R C H A R D H I L L O F O R O N O O R O N O , M N J E B C J S E T L P R E L I M I N A R Y 0 4 / 2 2 / 2 0 2 0 2 0 6 5 8 . 0 3 R e g i s t r a t i o n N o . D a t e : I h e r e b y c e r t i f y t h a t t h i s p l a n , s p e c i f i c a t i o n o r r e p o r t w a s p r e p a r e d b y m e o r u n d e r m y d i r e c t s u p e r v i s i o n a n d t h a t I a m a d u l y l i c e n s e d p r o f e s s i o n a l E N G I N E E R u n d e r t h e l a w s o f t h e s t a t e o f M i n n e s o t a . I f a p p l i c a b l e , c o n t a c t u s f o r a w e t s i g n e d c o p y o f t h i s p l a n w h i c h i s a v a i l a b l e u p o n r e q u e s t a t S a m b a t e k ' s , M i n n e t o n k a , M N o f f i c e . 0 4 / 2 2 / 2 0 2 0 5 0 4 7 5 E r i c T . L u t h 0 4 / 2 2 / 2 0 C i t y S u b m i t t a l Apr 22, 2020 - 10:37am - User:lcapistrant L:\PROJECTS\20658.03\CAD\Survey\Sheets\20658.03-PPLAT.dwg 1 / 1 P R E L I M I N A R Y P L A T 1.SUBJECT PROPERTY'S ADDRESS IS 135 ORONO ORCHARD ROAD NORTH, ITS PROPERTY IDENTIFICATIONNUMBER IS 3411823440035.2.THE GROSS AREA OF THE SUBJECT PROPERTY IS 39.57 ACRES OR 1,723,547 SQUARE FEET TO THECENTERLINE OF CREEK.PROPOSED LOT 1, BLOCK 1 =92,029 SQ. FT. OR 2.113 ACRESPROPOSED LOT 2, BLOCK 1 =357,536 SQ. FT. OR 8.208 ACRESPROPOSED LOT 3, BLOCK 1 =731,809 SQ. FT. OR 16.800 ACRESPROPOSED LOT 4, BLOCK 1 =340,199 SQ. FT. OR 7.810 ACRESPROPOSED LOT 5, BLOCK 1 =156,551 SQ. FT. OR 3.594 ACRESPROPOSED OUTLOT A =39,692 SQ. FT. OR 0.911 ACRESPROPOSED R.O.W. =5,731 SQ. FT. OR 0.132 ACRES3. THE SUBJECT PROPERTY IS ZONED RR-1B (ONE FAMILY RURAL RESIDENTIAL- 2 ACRES), PER THE CITY OFORONO'S ZONING MAP DATED SEPTEMBER 2019. 1 . T H E B E A R I N G S Y S T E M I S B A S E D O N T H E H E N N E P I N C O U N T Y C O O R D I N A T E S Y S T E M , N A D 8 3 ( 1 9 8 6 A D J U S T ) . W I T H A N A S S U M E D B E A R I N G O F N 0 0 ° 0 1 ' 4 0 ' E F O R T H E W E S T L I N E O F T H E N E 1 4 O F N E 1 4 S E C T I O N 2 . F I E L D W O R K W A S C O M P L E T E D O N 0 4 / 1 7 / 2 0 2 0 . D E S C R I P T I O N PROPERTY SUMMARY S U R V E Y N O T E S A l l t h a t p a r t o f t h e N o r t h e a s t 1 / 4 o f t h e N o r t h e a s t 1 / 4 o f S e c t i o n 3 , T o w n s h i p 1 1 7 N o r t h , R a n g e 2 3 W e s t o f t h e 5 t h P r i n c i p a l M e r i d i a n , l y i n g N o r t h o f a l i n e d e s c r i b e d a s f o l l o w s : C o m m e n c i n g a t a p o i n t o n t h e E a s t l i n e o f s a i d q u a r t e r q u a r t e r S e c t i o n d i s t a n t 4 5 7 - 1 / 2 f e e t S o u t h o f t h e N o r t h e a s t c o r n e r o f s a i d S e c t i o n 3 ; t h e n c e r u n n i n g s o u t h 6 7 d e g r e e s 1 0 m i n u t e s W e s t , a d i s t a n c e o f 5 7 0 - 1 / 2 f e e t ; t h e n c e r u n n i n g S o u t h w e s t e r l y o n a r i g h t c u r v e w i t h a r a d i u s o f 5 7 2 9 . 6 5 f e e t , a d i s t a n c e o f 8 3 3 . 4 5 f e e t , t o a p o i n t o n W e s t l i n e o f s a i d q u a r t e r S e c t i o n d i s t a n t 3 6 8 f e e t N o r t h o f t h e S o u t h w e s t c o r n e r o f s a i d q u a r t e r q u a r t e r s e c t i o n . A l s o t h a t p a r t o f S u b d i v i s i o n N o . 1 S . E . 1 / 4 o f S . E . 1 / 4 S u b d i v i s i o n N o . 1 S . W . 1 / 4 o f S . E . 1 / 4 a n d S u b d i v i s i o n N o . 1 o f L o t N o . 3 , S e c t i o n 3 4 , T o w n s h i p 1 1 8 , R a n g e 2 3 d e s c r i b e d a s f o l l o w s : B e g i n n i n g a t a p o i n t i n t h e E a s t l i n e o f s a i d S e c t i o n 3 4 , w h i c h p o i n t i s 3 4 0 f e e t S o u t h o f t h e N o r t h e a s t c o r n e r o f t h e S o u t h e a s t 1 / 4 o f t h e S o u t h e a s t 1 / 4 o f s a i d S e c t i o n ; t h e n c e r u n n i n g S o u t h w e s t e r l y , m a k i n g a n a n g l e t o t h e r i g h t , o f 3 6 d e g r e e s 4 5 m i n u t e s f r o m s a i d E a s t l i n e o f s a i d S e c t i o n , a d i s t a n c e o f 2 2 0 f e e t t o t h e c e n t e r l i n e o f t h e c r e e k w h i c h f l o w s f r o m L o n g L a k e i n T o w n o f O r o n o S o u t h w e s t e r l y i n t o M u d L a k e n e a r L a k e M i n n e t o n k a ; t h e n c e f o l l o w i n g t h e c e n t e r l i n e o f t h e b e d o f s a i d c r e e k i n a W e s t e r l y a n d S o u t h w e s t e r l y d i r e c t i o n t o a p o i n t i n t h e c e n t e r l i n e o f s a i d c r e e k d i s t a n t 1 8 0 f e e t N o r t h e a s t e r l y f r o m t h e S o u t h w e s t c o r n e r o f s a i d q u a r t e r q u a r t e r S e c t i o n ; t h e n c e i n a s t r a i g h t l i n e S o u t h w e s t e r l y t o s a i d S o u t h w e s t c o r n e r ; t h e n c e E a s t t o t h e S o u t h e a s t c o r n e r o f s a i d S e c t i o n ; t h e n c e N o r t h a d i s t a n c e o f 3 7 4 f e e t ; t h e n c e W e s t a d i s t a n c e o f 2 4 f e e t ; t h e n c e N o r t h a d i s t a n c e o f 3 3 7 . 8 2 f e e t ; t h e n c e E a s t a d i s t a n c e o f 2 4 f e e t t o a p o i n t 7 1 1 . 8 2 f e e t N o r t h o f t h e s o u t h e a s t c o r n e r o f s a i d q u a r t e r q u a r t e r s e c t i o n ; t h e n c e N o r t h t o t h e b e g i n n i n g . A l s o t h a t p a r t o f t h e W e s t 2 5 0 f e e t o f t h e S o u t h w e s t q u a r t e r o f t h e S o u t h w e s t q u a r t e r ( S . W . 1 / 4 o f S . W . 1 / 4 ) o f S e c t i o n T h i r t y - f i v e ( 3 5 ) T o w n s h i p O n e H u n d r e d E i g h t e e n ( 1 1 8 ) , R a n g e T w e n t y - t h r e e ( 2 3 ) , l y i n g N o r t h o f t h e S o u t h 7 1 1 . 8 2 f e e t t h e r e o f a n d S o u t h e r l y o f t h e c e n t e r l i n e o f O r o n o O r c h a r d R o a d . T h e r e i s h e r e b y e x c e p t e d f r o m t h e f o r e g o i n g d e s c r i p t i o n t h a t p a r t w h i c h i s d e s c r i b e d a s f o l l o w s , t o - w i t : T h a t p a r t o f t h e N o r t h e a s t Q u a r t e r o f t h e N o r t h e a s t Q u a r t e r ( N E 1 / 4 N E 1 / 4 ) o f S e c t i o n T h r e e ( 3 ) , T o w n s h i p O n e H u n d r e d S e v e n t e e n ( 1 1 7 ) N o r t h , R a n g e T w e n t y - t h r e e ( 2 3 ) W e s t , b e i n g a s t r i p o f l a n d 4 3 f e e t i n w i d t h a n d l y i n g n o r t h e r l y o f a n d a d j a c e n t t o t h e f o l l o w i n g d e s c r i b e d l i n e : C o m m e n c i n g a t a p o i n t o n t h e E a s t l i n e o f s a i d N o r t h e a s t Q u a r t e r o f t h e N o r t h e a s t Q u a r t e r ( N E 1 / 4 N E 1 / 4 ) d i s t a n t 4 5 7 1 / 2 , f e e t S o u t h o f t h e n o r t h e a s t c o r n e r o f s a i d S e c t i o n 3 ; t h e n c e r u n n i n g S o u t h 6 7 d e g r e e s 1 0 m i n u t e s W e s t a d i s t a n c e o f 5 7 0 1 / 2 f e e t , t h e n c e r u n n i n g s o u t h w e s t e r l y o n a r i g h t c u r v e w i t h a r a d i u s o f 5 7 2 9 . 6 5 f e e t , a d i s t a n c e o f 8 3 3 . 4 5 f e e t t o a p o i n t o n w e s t l i n e o f s a i d N o r t h e a s t Q u a r t e r o f t h e N o r t h e a s t Q u a r t e r ( N E 1 / 4 N E 1 / 4 ) d i s t a n t 3 6 8 f e e t N o r t h o f t h e s o u t h w e s t c o r n e r o f s a i d N o r t h e a s t Q u a r t e r o f t h e N o r t h e a s t Q u a r t e r ( N E ¼ N E 1 / 4 . ) . A n d , t h e r e i s h e r e b y f u r t h e r e x c e p t e d f r o m t h e f o r e g o i n g d e s c r i p t i o n t h a t p a r t w h i c h i s d e s c r i b e d a s f o l l o w s , t o - w i t : T h a t p a r t o f t h e S . E . ¼ o f t h e S . E . ¼ o f S e c t i o n 3 4 , T o w n s h i p 1 1 8 , R a n g e 2 3 d e s c r i b e d a s f o l l o w s : B e g i n n i n g a t a p o i n t i n t h e E a s t l i n e o f s a i d S e c t i o n 3 4 , w h i c h p o i n t i s 3 4 0 f e e t S o u t h o f t h e N o r t h e a s t c o r n e r o f t h e S o u t h e a s t 1 / 4 o f t h e S o u t h e a s t 1 / 4 o f s a i d S e c t i o n ; t h e n c e r u n n i n g S o u t h w e s t e r l y , m a k i n g a n a n g l e t o t h e r i g h t , o f 3 6 d e g r e e s 4 5 m i n u t e s f r o m s a i d E a s t l i n e o f s a i d S e c t i o n , a d i s t a n c e o f 2 2 0 f e e t t o t h e c e n t e r l i n e o f t h e c r e e k w h i c h f l o w s f r o m L o n g L a k e i n T o w n o f O r o n o S o u t h w e s t e r l y i n t o M u d L a k e n e a r L a k e M i n n e t o n k a ; t h e n c e f o l l o w i n g t h e c e n t e r l i n e o f t h e b e d o f s a i d c r e e k i n a N o r t h e a s t e r l y d i r e c t i o n , a d i s t a n c e o f 1 5 0 f e e t m o r e o r l e s s t o a p o i n t i n t h e c e n t e r l i n e o f s a i d c r e e k t h a t i n t e r s e c t s s a i d E a s t l i n e o f s a i d S e c t i o n ; t h e n c e N o r t h t o t h e b e g i n n i n g . A l s o t h a t p a r t o f t h e W e s t 2 5 0 f e e t o f t h e S o u t h w e s t q u a r t e r o f t h e S o u t h w e s t q u a r t e r ( S . W . 1 / 4 o f S . W . 1 / 4 ) o f S e c t i o n T h i r t y f i v e ( 3 5 ) , T o w n s h i p O n e H u n d r e d E i g h t e e n ( 1 1 8 ) , R a n g e T w e n t y - t h r e e ( 2 3 ) , l y i n g N o r t h o f t h e c e n t e r l i n e o f s a i d c r e e k a n d S o u t h e r l y o f t h e c e n t e r l i n e o f O r o n o O r c h a r d R o a d . S C A L E I N F E E T 0 1 2 0 8 0 N O R T H 1 . A L L A R E A S A R E R O U N D E D T O T H E N E A R E S T S Q U A R E F O O T . 2 . D R A I N A G E A N D U T I L I T Y E A S E M E N T S S H A L L B E P R O V I D E D A S R E Q U I R E D . D R A I N A G E A N D U T I L I T Y E A S E M E N T S W I L L B E P R O V I D E D O V E R A L L P U B L I C U T I L I T I E S A N D P O N D S . D E V E L O P M E N T N O T E S Jul 22, 2020 - 11:34am - User:Csyverson L:\PROJECTS\20658.03\CAD\Civil\Sheets\20658.03-C1-TITLE.dwg C1.01 TITLE SHEET Project Location Date Submittal / RevisionNo. Certification Sheet Title Summary Revision History Sheet No.Revision Project No. By Designed:Drawn: Approved:Book / Page: Phase:Initial Issue: Client GORDON JAMES CONSTRUCTION 5159 MAIN STREET SUITE 200 MAPLE PLAIN, MN 55359 ORCHARD HILL OF ORONO ORONO, MN JEB CJS ETL PRELIMINARY 04/22/2020 20658.03 Registration No.Date: I hereby certify that this plan, specification or report was prepared by me or under my direct supervision and that I am a duly licensed professional ENGINEER under the laws of the state of Minnesota. If applicable, contact us for a wet signed copy of this plan which is available upon request at Sambatek's, Minnetonka, MN office. 04/22/202050475 Eric T. Luth 04/22/20 City Submittal 05/01/20 MCWD Submittal 05/04/20 City Resubmittal 07/22/20 City Resubmittal DEVELOPER/OWNER GORDON JAMES CONSTRUCTION 5159 MAIN STREET SUITE 200 ORONO, MN 55359 TEL CONTACT: ARCHITECT COMPANY ADDRESS ADDRESS TEL EMAIL CONTACT: CIVIL ENGINEER SAMBATEK 12800 WHITEWATER DRIVE, SUITE 300 MINNETONKA, MN 55343 TEL 763-476-6010 CONTACT: ERIC LUTH LANDSCAPE ARCHITECT SAMBATEK 12800 WHITEWATER DRIVE, SUITE 300 MINNETONKA, MN 55343 TEL 763-476-6010 CONTACT:WILLIAM DELANEY SURVEYOR SAMBATEK 12800 WHITEWATER DRIVE, SUITE 300 MINNETONKA, MN 55343 TEL 763-476-6010 CONTACT: CRAIG JOHNSON for Preliminary Site Development Plans ORCHARD HILL Gordon James Construction Orono, Minnesota Presented by: NO SCALE VICINITY MAP SITE CONSULTANT CONTACT LIST: N.T.S. CITY ENGINEER'S ASSOCIATION OF MINNESOTA STANDARD SPECIFICATIONS (2013) MNDOT STANDARD SPECIFICATIONS FOR CONSTRUCTION (2018 EDITION) GOVERNING SPECIFICATIONS LUCE L I N E S T A T E T R A I L 12 O R O N O O R C H A R D R D SHEET INDEX SHEET DESCRIPTION C1.01 TITLE SHEET C2.01 EXISTING CONDITIONS C2.02 DEMOLITION PLAN C3.01 SITE PLAN C4.01 OVERALL GRADING PLAN C4.02 GRADING & DRAINAGE PLAN C4.03 GRADING NOTES C5.01 PHASE I EROSION CONTROL PLAN C5.02 PHASE II EROSION CONTROL PLAN C5.03 EROSION CONTROL NOTES & DETAILS C5.04 SWPPP NARRATIVE C5.05 SWPPP NARRATIVE C6.01 OVERALL UTILITY PLAN C6.02 UTILITY PLAN - NORTH C6.03 UTILITY PLAN - SOUTH C9.01 DETAILS C9.02 DETAILS L3.01 TREE - TREE INVENTORY PLAN L3.02 TREE INVENTORY DATA S U B D I V I S I O N N O . 1 S E 1 / 4 O F S E 1 / 4 SCALE IN FEET 0 200100 NORTH Jul 22, 2020 - 11:34am - User:Csyverson L:\PROJECTS\20658.03\CAD\Civil\Sheets\20658.03-C2-EXC.dwg C2.01 EXISTING CONDITIONS Project Location Date Submittal / RevisionNo. Certification Sheet Title Summary Revision History Sheet No.Revision Project No. By Designed:Drawn: Approved:Book / Page: Phase:Initial Issue: Client GORDON JAMES CONSTRUCTION 5159 MAIN STREET SUITE 200 MAPLE PLAIN, MN 55359 ORCHARD HILL OF ORONO ORONO, MN JEB CJS ETL PRELIMINARY 04/22/2020 20658.03 04/22/20 City Submittal 05/01/20 MCWD Submittal 05/04/20 City Resubmittal 07/22/20 City Resubmittal THE SUBSURFACE UTILITY INFORMATION SHOWN ON THESE PLANS IS A UTILITY QUALITY LEVEL XX. THIS QUALITY LEVEL WAS DETERMINED ACCORDING TO THE GUIDELINES OF ASCE/CI 38-02, TITLED "STANDARD GUIDELINES FOR THE COLLECTION AND DEPICTION OF EXISTING SUBSURFACE UTILITY DATA." THE CONTRACTOR AND/OR SUBCONTRACTORS SHALL DETERMINE THE EXACT LOCATION OF ALL EXISTING UTILITIES BEFORE COMMENCING WORK, BY CONTACTING THE NOTIFICATION CENTER (GOPHER STATE ONE FOR MINNESOTA). THE CONTRACTOR AND/OR SUBCONTRACTOR AGREE TO BE FULLY RESPONSIBLE FOR ANY AND ALL DAMAGES, WHICH MIGHT BE OCCASIONED BY HIS OR HER FAILURE TO EXACTLY LOCATE AND PRESERVE ANY AND ALL UTILITIES (UNDERGROUND AND OVERHEAD). IF THE CONTRACTOR ENCOUNTERS ANY DRAIN TILE WITHIN THE SITE, HE OR SHE SHALL NOTIFY THE ENGINEER WITH THE LOCATION, SIZE, INVERT AND IF THE TILE LINE IS ACTIVE. NO DRAIN TILE SHALL BE BACKFILLED WITHOUT APPROVAL FROM THE PROJECT ENGINEER. IT SHALL BE THE RESPONSIBILITY OF THE CONTRACTOR TO RELOCATE ALL EXISTING UTILITIES WHICH CONFLICT WITH THE PROPOSED IMPROVEMENTS SHOWN ON THE PLANS. 1.SUBJECT PROPERTY'S ADDRESS IS 135 ORONO ORCHARD ROAD NORTH, ITS PROPERTY IDENTIFICATION NUMBER IS 3411823440035. 2.THE GROSS AREA OF THE SUBJECT PROPERTY IS 39.64 ACRES OR 1,723,547 SQUARE FEET TO THE CENTERLINE OF CREEK. 3. THE SUBJECT PROPERTY IS ZONED RR-1B (ONE FAMILY RURAL RESIDENTIAL- 2 ACRES), PER THE CITY OF ORONO'S ZONING MAP DATED SEPTEMBER 2019. 1.THE BEARING SYSTEM IS BASED ON THE HENNEPIN COUNTY COORDINATE SYSTEM, NAD83 (1986 ADJUST). WITH AN ASSUMED BEARING OF N00°01'40'E FOR THE WEST LINE OF THE NE 1 4 OF NE 1 4 SECTION 2.FIELD WORK WAS COMPLETED ON 04/17/2020. FOUND MONUMENT SET MONUMENT MARKED LS 47481 ELECTRIC METER LIGHT SANITARY SEWER STORM SEWER WATERMAIN FLARED END SECTION ELECTRIC TRANSFORMER AIR CONDITIONER GUY ANCHOR HANDICAP STALL UTILITY POLE POST SIGN TELEPHONE PEDESTAL GAS METER OVERHEAD WIRE CHAIN LINK FENCE IRON FENCE WIRE FENCE WOOD FENCE EASEMENT LINE SETBACK LINE RESTRICTED ACCESS BUILDING LINE BUILDING CANOPY CONCRETE CURB BITUMINOUS SURFACE CONCRETE SURFACE LANDSCAPE SURFACE DECIDUOUS TREE CONIFEROUS TREE 1.THE VERTICAL DATUM IS BASED ON NGVD29. BENCHMARK #1 TNH NEAR MAIN ENTRANCE IN CURB ELEV.= 955.34 BENCHMARK #2 FINISHED GARAGE FLOOR ELEV.= 982.01 LEGEND DESCRIPTION PROPERTY SUMMARY BENCHMARKS SURVEY NOTES All that part of the Northeast 1/4 of the Northeast 1/4 of Section 3, Township 117 North, Range 23 West of the 5th Principal Meridian, lying North of a line described as follows: Commencing at a point on the East line of said quarter quarter Section distant 457-1/2 feet South of the Northeast corner of said Section 3; thence running south 67 degrees 10 minutes West, a distance of 570-1/2 feet; thence running Southwesterly on a right curve with a radius of 5729.65 feet, a distance of 833.45 feet, to a point on West line of said quarter Section distant 368 feet North of the Southwest corner of said quarter quarter section. Also that part of Subdivision No. 1 S.E. 1/4 of S.E. 1/4 Subdivision No. 1 S.W. 1/4 of S.E. 1/4 and Subdivision No. 1 of Lot No. 3, Section 34, Township 118, Range 23 described as follows: Beginning at a point in the East line of said Section 34, which point is 340 feet South of the Northeast corner of the Southeast 1/4 of the Southeast 1/4 of said Section; thence running Southwesterly, making an angle to the right, of 36 degrees 45 minutes from said East line of said Section, a distance of 220 feet to the centerline of the creek which flows from Long Lake in Town of Orono Southwesterly into Mud Lake near Lake Minnetonka; thence following the centerline of the bed of said creek in a Westerly and Southwesterly direction to a point in the centerline of said creek distant 180 feet Northeasterly from the Southwest corner of said quarter quarter Section; thence in a straight line Southwesterly to said Southwest corner; thence East to the Southeast corner of said Section; thence North a distance of 374 feet; thence West a distance of 24 feet; thence North a distance of 337.82 feet; thence East a distance of 24 feet to a point 711.82 feet North of the southeast corner of said quarter quarter section; thence North to the beginning. Also that part of the West 250 feet of the Southwest quarter of the Southwest quarter (S.W. 1/4 of S.W. 1/4) of Section Thirty-five (35) Township One Hundred Eighteen (118), Range Twenty-three (23), lying North of the South 711.82 feet thereof and Southerly of the centerline of Orono Orchard Road. There is hereby excepted from the foregoing description that part which is described as follows, to-wit: That part of the Northeast Quarter of the Northeast Quarter (NE1/4 NE 1/4) of Section Three (3), Township One Hundred Seventeen (117) North, Range Twenty-three (23) West, being a strip of land 43 feet in width and lying northerly of and adjacent to the following described line: Commencing at a point on the East line of said Northeast Quarter of the Northeast Quarter (NE1/4 NE 1/4) distant 457 1/2, feet South of the northeast corner of said Section 3; thence running South 67 degrees 10 minutes West a distance of 570 1/2 feet, thence running southwesterly on a right curve with a radius of 5729.65 feet, a distance of 833.45 feet to a point on west line of said Northeast Quarter of the Northeast Quarter (NE1/4 NE1/4) distant 368 feet North of the southwest corner of said Northeast Quarter of the Northeast Quarter (NE ¼ NE 1/4.). And, there is hereby further excepted from the foregoing description that part which is described as follows, to-wit: That part of the S.E. ¼ of the S.E. ¼ of Section 34, Township 118, Range 23 described as follows: Beginning at a point in the East line of said Section 34, which point is 340 feet South of the Northeast corner of the Southeast 1/4 of the Southeast 1/4 of said Section; thence running Southwesterly, making an angle to the right, of 36 degrees 45 minutes from said East line of said Section, a distance of 220 feet to the centerline of the creek which flows from Long Lake in Town of Orono Southwesterly into Mud Lake near Lake Minnetonka; thence following the centerline of the bed of said creek in a Northeasterly direction, a distance of 150 feet more or less to a point in the centerline of said creek that intersects said East line of said Section; thence North to the beginning. Also that part of the West 250 feet of the Southwest quarter of the Southwest quarter (S.W. 1/4 of S.W. 1/4) of Section Thirty five (35), Township One Hundred Eighteen (118), Range Twenty-three (23), lying North of the centerline of said creek and Southerly of the centerline of Orono Orchard Road. SCALE IN FEET 0 12060 NORTH Jul 22, 2020 - 11:35am - User:Csyverson L:\PROJECTS\20658.03\CAD\Civil\Sheets\20658.03-C2-DEMO.dwg C2.02 DEMOLITION PLAN Project Location Date Submittal / RevisionNo. Certification Sheet Title Summary Revision History Sheet No.Revision Project No. By Designed:Drawn: Approved:Book / Page: Phase:Initial Issue: Client GORDON JAMES CONSTRUCTION 5159 MAIN STREET SUITE 200 MAPLE PLAIN, MN 55359 ORCHARD HILL OF ORONO ORONO, MN JEB CJS ETL PRELIMINARY 04/22/2020 20658.03 Registration No.Date: I hereby certify that this plan, specification or report was prepared by me or under my direct supervision and that I am a duly licensed professional ENGINEER under the laws of the state of Minnesota. If applicable, contact us for a wet signed copy of this plan which is available upon request at Sambatek's, Minnetonka, MN office. 04/22/202050475 Eric T. Luth 04/22/20 City Submittal 05/01/20 MCWD Submittal 05/04/20 City Resubmittal 07/22/20 City Resubmittal THE SUBSURFACE UTILITY INFORMATION SHOWN ON THESE PLANS IS A UTILITY QUALITY LEVEL D. THIS QUALITY LEVEL WAS DETERMINED ACCORDING TO THE GUIDELINES OF ASCE/CI 38-02, TITLED "STANDARD GUIDELINES FOR THE COLLECTION AND DEPICTION OF EXISTING SUBSURFACE UTILITY DATA." THE CONTRACTOR AND/OR SUBCONTRACTORS SHALL DETERMINE THE EXACT LOCATION OF ALL EXISTING UTILITIES BEFORE COMMENCING WORK, BY CONTACTING THE NOTIFICATION CENTER (GOPHER STATE ONE FOR MINNESOTA). THE CONTRACTOR AND/OR SUBCONTRACTOR AGREE TO BE FULLY RESPONSIBLE FOR ANY AND ALL DAMAGES, WHICH MIGHT BE OCCASIONED BY HIS OR HER FAILURE TO EXACTLY LOCATE AND PRESERVE ANY AND ALL UTILITIES (UNDERGROUND AND OVERHEAD). IF THE CONTRACTOR ENCOUNTERS ANY DRAIN TILE WITHIN THE SITE, HE OR SHE SHALL NOTIFY THE ENGINEER WITH THE LOCATION, SIZE, INVERT AND IF THE TILE LINE IS ACTIVE. NO DRAIN TILE SHALL BE BACKFILLED WITHOUT APPROVAL FROM THE PROJECT ENGINEER. IT SHALL BE THE RESPONSIBILITY OF THE CONTRACTOR TO RELOCATE ALL EXISTING UTILITIES WHICH CONFLICT WITH THE PROPOSED IMPROVEMENTS SHOWN ON THE PLANS. LEGEND DEMOLITION NOTES 1.DEMOLITION NOTES ARE NOT COMPREHENSIVE. CONTRACTOR SHALL VISIT THE SITE PRIOR TO CONSTRUCTION TO OBTAIN A CLEAR UNDERSTANDING OF THE INTENDED SCOPE OF WORK. 2.THE DESIGN SHOWN IS BASED ON ENGINEER'S UNDERSTANDING OF EXISTING CONDITIONS. THE EXISTING CONDITIONS SHOWN ON THIS PLAN ARE BASED UPON ALTA AND TOPOGRAPHIC MAPPING PREPARED BY XXXX DATED XX-XX-XXXX. IF CONTRACTOR DOES NOT ACCEPT EXISTING TOPOGRAPHY AS SHOWN ON THE PLANS WITHOUT EXCEPTION, CONTRACTOR SHALL HAVE MADE, AT OWN EXPENSE, A TOPOGRAPHIC SURVEY BY A REGISTERED LAND SURVEYOR AND SUBMIT IT TO THE OWNER FOR REVIEW. 3.THE CONTRACTOR IS RESPONSIBLE FOR DEMOLITION, REMOVAL, AND DISPOSING IN A LOCATION APPROVED BY ALL GOVERNING AUTHORITIES AND IN ACCORDANCE WITH APPLICABLE CODES, OF ALL STRUCTURES, PADS, WALLS, FLUMES, FOUNDATIONS, PARKING, DRIVES, DRAINAGE STRUCTURES, UTILITIES, ETC., SUCH THAT THE IMPROVEMENTS SHOWN ON THE PLANS CAN BE CONSTRUCTED. ALL FACILITIES TO BE REMOVED SHALL BE UNDERCUT TO SUITABLE MATERIAL AND BROUGHT TO GRADE WITH SUITABLE COMPACTED FILL MATERIAL PER THE GEOTECHNICAL REPORT AND/OR GEOTECHNICAL ENGINEER. 4.CLEARING AND GRUBBING: CONTRACTOR IS RESPONSIBLE FOR REMOVING ALL DEBRIS FROM THE SITE AND DISPOSING THE DEBRIS IN A LAWFUL MANNER. CONTRACTOR IS RESPONSIBLE FOR OBTAINING ALL PERMITS REQUIRED FOR DEMOLITION AND DISPOSAL. 6.CONTRACTOR IS RESPONSIBLE FOR THE DISCONNECTION OF UTILITY SERVICES TO EXISTING BUILDINGS PRIOR TO DEMOLITION OF THE BUILDINGS. 7.CONTRACTOR SHALL COORDINATE WITH RESPECTIVE UTILITY COMPANIES PRIOR TO REMOVAL AND/OR RELOCATION OF UTILITIES. CONTRACTOR SHALL COORDINATE WITH UTILITY COMPANIES CONCERNING PORTIONS OF WORK WHICH MAY BE PERFORMED BY THE UTILITY COMPANIES' FORCES AND ANY FEES WHICH ARE TO BE PAID TO UTILITY COMPANIES FOR SERVICES. CONTRACTOR IS RESPONSIBLE FOR PAYING ALL FEES AND CHARGES. 8.CONTRACTOR IS SPECIFICALLY CAUTIONED THAT LOCATIONS OF EXISTING UTILITIES SHOWN ON THIS PLAN HAVE BEEN DETERMINED FROM INFORMATION AVAILABLE. ENGINEER ASSUMES NO RESPONSIBILITY FOR THE UTILITY MAPPING ACCURACY. PRIOR TO START OF ANY DEMOLITION ACTIVITY, THE CONTRACTOR SHALL NOTIFY UTILITY COMPANIES 48 HOURS PRIOR TO ANY EXCAVATION FOR ON-SITE LOCATIONS OF EXISTING UTILITIES. THE LOCATIONS OF UTILITIES SHALL BE OBTAINED BY THE CONTRACTOR BY CALLING MINNESOTA GOPHER STATE ONE CALL AT 800-252-1166 OR 651-454-0002. 9.THE MAPPING LOCATION OF ALL EXISTING SEWERS, PIPING, AND UTILITIES SHOWN ARE NOT TO BE INTERPRETED AS THE EXACT LOCATION, OR AS THE ONLY OBSTACLES THAT MAY OCCUR ON THE SITE. VERIFY EXISTING CONDITIONS AND PROCEED WITH CAUTION AROUND ANY ANTICIPATED FEATURES. GIVE NOTICE TO ALL UTILITY COMPANIES REGARDING DESTRUCTION AND REMOVAL OF ALL SERVICE LINES AND CAP ALL LINES BEFORE PROCEEDING WITH WORK. UTILITIES DETERMINED TO BE ABANDONED SHALL BE REMOVED IF UNDER THE BUILDING INCLUDING 10' BEYOND FOUNDATIONS. 10.ELECTRICAL, TELEPHONE, CABLE, WATER, FIBER OPTIC CABLE AND/OR GAS LINES NEEDING TO BE REMOVED OR RELOCATED SHALL BE COORDINATED WITH THE AFFECTED UTILITY COMPANY. ADEQUATE TIME SHALL BE PROVIDED FOR RELOCATION AND CLOSE COORDINATION WITH THE UTILITY COMPANY IS NECESSARY TO PROVIDE A SMOOTH TRANSITION IN UTILITY SERVICE. CONTRACTOR SHALL PAY CLOSE ATTENTION TO EXISTING UTILITIES WITHIN THE ROAD RIGHT OF WAY DURING CONSTRUCTION. 11.CONTRACTOR MUST PROTECT THE PUBLIC AT ALL TIMES WITH FENCING, BARRICADES, ENCLOSURES, ETC., TO THE BEST PRACTICES. 12.CONTINUOUS ACCESS SHALL BE MAINTAINED FOR THE SURROUNDING PROPERTIES AT ALL TIMES DURING DEMOLITION OF THE EXISTING FACILITIES. 13.PRIOR TO DEMOLITION OCCURRING, ALL EROSION CONTROL DEVICES ARE TO BE INSTALLED AND APPROVED BY THE LOCAL AUTHORITY. 14.CONTRACTOR SHALL LIMIT SAW-CUT & PAVEMENT REMOVAL TO ONLY THOSE AREAS WHERE IT IS REQUIRED AS SHOWN ON THESE CONSTRUCTION PLANS BUT IF ANY DAMAGE IS INCURRED ON ANY OF THE SURROUNDING PAVEMENT, ETC. THE CONTRACTOR SHALL BE RESPONSIBLE FOR ITS REMOVAL AND REPAIR. 15.CONTRACTOR TO PROTECT EXISTING FEATURES WHICH ARE TO REMAIN. DAMAGE TO ANY EXISTING CONDITIONS TO REMAIN WILL BE REPLACED AT CONTRACTOR'S EXPENSE. 16.ABANDON OR REMOVE ALL SANITARY, WATER AND STORM SERVICES PER CITY STANDARDS. COORDINATE ALL WORK WITH CITY. ALL STREET RESTORATION SHALL BE COMPLETED IN COMPLIANCE WITH LOCAL STANDARDS. 17.CONTRACTOR SHALL PREPARE AND SUBMIT TO THE GOVERNING AUTHORITY A TRAFFIC AND/OR PEDESTRIAN TRAFFIC PLAN PER CITY/COUNTY/STATE STANDARDS TO BE APPROVED BY THE LOCAL GOVERNING AUTHORITY. UNDERGROUND GAS STONE RETAINING WALL CHAIN LINK FENCE WOOD FENCE IRON FENCE WIRE FENCE UNDERGROUND ELECTRIC UNDERGROUND CABLE TV UNDERGROUND TELEPHONE OVERHEAD ELECTRIC SANITARY SEWER FORCE MAIN WATERMAIN DRAIN TILE STORM SEWER LIGHT HYDRANT GAS METER SPRINKLER HEAD SPRINKLER VALVE GUARD RAIL HANDRAIL EDGE OF TREES TREES / SHRUBS CONCRETE SIGNS CONCRETE CURB BUILDING REMOVE EXISTING STORM STRUCTURE REMOVE EXISTING BUILDING SAW CUT EXIST BITUMINOUS PAVEMENT REMOVE EXIST CONCRETE CURB REMOVE EXISTING UTILITY LINE EXISTING REMOVE EXISTING GRAVEL DRIVE REMOVE EXISTING UTILITY REMOVE EXISTING CONCRETE REMOVE EXISTING RETAINING WALL LOT 1 LOT 2 LOT 5 LOT 4 LOT 3 OUTLOT A INFILTRATION BASIN BOT: 941.70 OUT: 942.50 HWL: 944.79 100' Principal Structure Setback from Long Lake Creek 20' Wetland Buffer 30' Wetland Buffer 30' Wetland Buffer BOTOUTHWL WBP WBP WBP WBP WBP WBP WBP WBP WBP WBP WBP WBP WBP WBPWBP WBP WBP WBP WBP WBP WBP WBP WBP WBP WBP WBP WBP WBP WBP WBP WBP WBP WBP WBP WBP WBP WBP WBP WBP WBP WBP WBP WBP WBP WBP WBP WBP WBP WBP WBP WBP WBP WBP WBP GFE=982.0 FFE=983.0 LFE=974.0 GFE=958.0 FFE=959.0 LFE=950.0 GFE=953.5 FFE=954.5 LFE=945.5 GFE=948.5 FFE=950.5 LFE=941.5 GFE=956.0 FFE=957.0 LFE=948.0 A 2 4 ' R40 ' 952.60 HP 945.57 LP 9 5 2 . 1 951.2 952.3 947.4 945.8 947.2 948 . 6 9 5 0 . 0 9 5 1 . 4 5 0 ' R O W LONG LAKE CREEK C B SCALE IN FEET 0 12060 NORTH Jul 22, 2020 - 11:35am - User:Csyverson L:\PROJECTS\20658.03\CAD\Civil\Sheets\20658.03-C3-SITE.dwg C3.01 SITE PLAN Project Location Date Submittal / RevisionNo. Certification Sheet Title Summary Revision History Sheet No.Revision Project No. By Designed:Drawn: Approved:Book / Page: Phase:Initial Issue: Client GORDON JAMES CONSTRUCTION 5159 MAIN STREET SUITE 200 MAPLE PLAIN, MN 55359 ORCHARD HILL OF ORONO ORONO, MN JEB CJS ETL PRELIMINARY 04/22/2020 20658.03 Registration No.Date: I hereby certify that this plan, specification or report was prepared by me or under my direct supervision and that I am a duly licensed professional ENGINEER under the laws of the state of Minnesota. If applicable, contact us for a wet signed copy of this plan which is available upon request at Sambatek's, Minnetonka, MN office. 04/22/202050475 Eric T. Luth 04/22/20 City Submittal 05/01/20 MCWD Submittal 05/04/20 City Resubmittal 07/22/20 City Resubmittal THE SUBSURFACE UTILITY INFORMATION SHOWN ON THESE PLANS IS A UTILITY QUALITY LEVEL D. THIS QUALITY LEVEL WAS DETERMINED ACCORDING TO THE GUIDELINES OF ASCE/CI 38-02, TITLED "STANDARD GUIDELINES FOR THE COLLECTION AND DEPICTION OF EXISTING SUBSURFACE UTILITY DATA." THE CONTRACTOR AND/OR SUBCONTRACTORS SHALL DETERMINE THE EXACT LOCATION OF ALL EXISTING UTILITIES BEFORE COMMENCING WORK, BY CONTACTING THE NOTIFICATION CENTER (GOPHER STATE ONE FOR MINNESOTA). THE CONTRACTOR AND/OR SUBCONTRACTOR AGREE TO BE FULLY RESPONSIBLE FOR ANY AND ALL DAMAGES, WHICH MIGHT BE OCCASIONED BY HIS OR HER FAILURE TO EXACTLY LOCATE AND PRESERVE ANY AND ALL UTILITIES (UNDERGROUND AND OVERHEAD). IF THE CONTRACTOR ENCOUNTERS ANY DRAIN TILE WITHIN THE SITE, HE OR SHE SHALL NOTIFY THE ENGINEER WITH THE LOCATION, SIZE, INVERT AND IF THE TILE LINE IS ACTIVE. NO DRAIN TILE SHALL BE BACKFILLED WITHOUT APPROVAL FROM THE PROJECT ENGINEER. IT SHALL BE THE RESPONSIBILITY OF THE CONTRACTOR TO RELOCATE ALL EXISTING UTILITIES WHICH CONFLICT WITH THE PROPOSED IMPROVEMENTS SHOWN ON THE PLANS. AREA GROSS SITE AREA LESS OUTLOT A NET SITE AREA LOT SUMMARY AVERAGE LOT SIZE MINIMUM LOT SIZE MAXIMUM LOT SIZE NUMBER OF LOTS OUTLOTS SETBACKS FRONT YARD REAR YARD SIDE YARD ZONING EXISTING ZONING PROPOSED ZONING 1.ALL DIMENSIONS ARE ROUNDED TO THE NEAREST TENTH FOOT. 2.ALL DIMENSIONS SHOWN ARE TO THE EDGE OF BITUMINOUS TO EDGE OF BITUMINOUS UNLESS OTHERWISE NOTED. 3.CONTRACTOR SHALL REVIEW PAVEMENT GRADIENT AND CONSTRUCT “GUTTER OUT” WHERE WATER DRAINS AWAY FROM CURB. ALL OTHER AREAS SHALL BE CONSTRUCTED AS “GUTTER IN” CURB. COORDINATE WITH GRADING CONTRACTOR. 4.ALL AREAS ARE ROUNDED TO THE NEAREST SQUARE FOOT. 5.ALL PARKING STALLS TO BE 9' IN WIDTH AND 18' IN LENGTH UNLESS OTHERWISE INDICATED. 6.CONTRACTOR SHALL REFER TO ARCHITECTURAL PLANS FOR EXACT LOCATIONS AND DIMENSIONS OF EXIT PORCHES, RAMPS, PRECISE BUILDING DIMENSIONS AND EXACT BUILDING UTILITY ENTRANCE LOCATIONS. 7.SEE ARCHITECTURAL PLANS FOR PYLON SIGN DETAILS 8.SEE ARCHITECTURAL PLANS FOR LIGHT POLE FOUNDATION DETAIL AND FOR EXACT LOCATIONS OF LIGHT POLE. 9.REFER TO FINAL PLAT FOR LOT BOUNDARIES, LOT NUMBERS, LOT AREAS, AND LOT DIMENSIONS. 10.ALL GRADIENTS ON SIDEWALKS ALONG THE ADA ROUTE SHALL HAVE A MAXIMUM LONGITUDINAL SLOPE OF 5% (1:20), EXCEPT AT CURB RAMPS (1:12), AND A MAXIMUM CROSS SLOPE OF 2.08% (1:48). THE MAXIMUM SLOPE IN ANY DIRECTION ON AN ADA PARKING STALL OR ACCESS AISLE SHALL BE 2.08% (1:48). THE CONTRACTOR SHALL REVIEW AND VERIFY THE GRADIENT IN THE FIELD ALONG THE ADA ROUTES PRIOR TO PLACING CONCRETE OR BITUMINOUS PAVEMENT. THE CONTRACTOR SHALL NOTIFY THE ENGINEER IMMEDIATELY IF THERE IS A DISCREPANCY BETWEEN THE GRADIENT IN THE FIELD VERSUS THE DESIGN GRADIENT AND COORDINATE WITH GRADING CONTRACTOR. 11."NO PARKING" SIGNS SHALL BE PLACED ALONG ALL DRIVEWAYS AS REQUIRED BY CITY. 12.STREET NAMES ARE SUBJECT TO APPROVAL BY THE CITY. LEGEND EASEMENT CURB & GUTTER BUILDING RETAINING WALL SAWCUT LINE NUMBER OF PARKING STALLS PER ROW SIGN PIPE BOLLARD STANDARD DUTY ASPHALT PAVING PROPERTY LIMIT EXISTINGPROPOSED KEY NOTE DEVELOPMENT SUMMARY DEVELOPMENT NOTES KEY NOTES WETLAND LIMITS TREELINE A.POSSIBLE FUTURE HOME AND DRIVEWAY LOCATION B.EXISTING EASEMENT TO BE VACATED C.PROPOSED EASEMENT 1,726,598 SF 39.64 AC 40,550 SF 0.93 AC 1,686,043 SF 38.71 AC 1,674,911 SF 38.45 AC 91,935 SF 2.11 AC 728,385 SF 16.72 AC 5 1 35 FEET 20 FEET 20 FEET RR-1B (ONE FAMILY RURAL RESIDENTIAL) RR-1B (ONE FAMILY RURAL RESIDENTIAL) XX XX PAVEMENT BY OTHERS (SEE ARCHITECTURAL PLANS) WBPWETLAND BUFFER SIGN LOT 1 LOT 2 LOT 5 LOT 4 LOT 3 OUTLOT A 946 9 4 9 94 9 944 INFILTRATION BASIN BOT: 941.70 OUT: 942.50 HWL: 944.79 E O F 9 4 6 . 0 100' Principal Structure Setback from Long Lake Creek 20' Wetland Buffer 30' Wetland Buffer 30' Wetland Buffer 950 948 945 942 945 94 8 95 0 95 5 95 8 95 1 945 955952948 945 950 945 9 5 0 949 947 9 5 2 96 0 947 946 95 0 94 7 9 5 0 9 5 1 BOTOUTHWL WBP WBP WBP WBP WBP WBP WBP WBP WBP WBP WBP WBP WBP WBPWBP WBP WBP WBP WBP WBP WBP WBP WBP WBP WBP WBP WBP WBP WBP WBP WBP WBP WBP WBP WBP WBP WBP WBP WBP WBP WBP WBP WBP WBP WBP WBP WBP WBP WBP WBP WBP WBP WBP WBP GFE=982.0 FFE=983.0 LFE=974.0 GFE=958.0 FFE=959.0 LFE=950.0 GFE=953.5 FFE=954.5 LFE=945.5 GFE=948.5 FFE=950.5 LFE=941.5 GFE=956.0 FFE=957.0 LFE=948.0 9 5 2 . 1 951.2 952.3 947.4 945.8 947.2 948 . 6 9 5 0 . 0 9 5 1 . 4 952.60 HP 945.57 LP 34 LF - 18" RCP @ 3.8% FES 100 IE=941.2 FES 101 IE=942.5 E O F 9 4 6 . 0 APPROXIMATE DRIVEWAY GRADE BUILD = 5.3% 10% MAX. DRIVEWAY TO BE BUILT WITH HOME CONSTRUCTIONAPPROXIMATE DRIVEWAY GRADE BUILD = 2.0% 10% MAX. DRIVEWAY TO BE BUILT WITH HOME CONSTRUCTION APPROXIMATE DRIVEWAY GRADE BUILD = 2.0% 10% MAX. DRIVEWAY TO BE BUILT WITH HOME CONSTRUCTION APPROXIMATE DRIVEWAY GRADE BUILD = 8.0% 10% MAX. APPROXIMATE DRIVEWAY GRADE BUILD = VARIES 10% MAX. DRIVEWAY TO BE BUILT WITH HOME CONSTRUCTION SCALE IN FEET 0 12060 NORTH Jul 22, 2020 - 11:35am - User:Csyverson L:\PROJECTS\20658.03\CAD\Civil\Sheets\20658.03-C4-GRADE.dwg C4.01 OVERALL GRADING PLAN Project Location Date Submittal / RevisionNo. Certification Sheet Title Summary Revision History Sheet No.Revision Project No. By Designed:Drawn: Approved:Book / Page: Phase:Initial Issue: Client GORDON JAMES CONSTRUCTION 5159 MAIN STREET SUITE 200 MAPLE PLAIN, MN 55359 ORCHARD HILL OF ORONO ORONO, MN JEB CJS ETL PRELIMINARY 04/22/2020 20658.03 Registration No.Date: I hereby certify that this plan, specification or report was prepared by me or under my direct supervision and that I am a duly licensed professional ENGINEER under the laws of the state of Minnesota. If applicable, contact us for a wet signed copy of this plan which is available upon request at Sambatek's, Minnetonka, MN office. 04/22/202050475 Eric T. Luth 04/22/20 City Submittal 05/01/20 MCWD Submittal 05/04/20 City Resubmittal 07/22/20 City Resubmittal THE SUBSURFACE UTILITY INFORMATION SHOWN ON THESE PLANS IS A UTILITY QUALITY LEVEL D. THIS QUALITY LEVEL WAS DETERMINED ACCORDING TO THE GUIDELINES OF ASCE/CI 38-02, TITLED "STANDARD GUIDELINES FOR THE COLLECTION AND DEPICTION OF EXISTING SUBSURFACE UTILITY DATA." THE CONTRACTOR AND/OR SUBCONTRACTORS SHALL DETERMINE THE EXACT LOCATION OF ALL EXISTING UTILITIES BEFORE COMMENCING WORK, BY CONTACTING THE NOTIFICATION CENTER (GOPHER STATE ONE FOR MINNESOTA). THE CONTRACTOR AND/OR SUBCONTRACTOR AGREE TO BE FULLY RESPONSIBLE FOR ANY AND ALL DAMAGES, WHICH MIGHT BE OCCASIONED BY HIS OR HER FAILURE TO EXACTLY LOCATE AND PRESERVE ANY AND ALL UTILITIES (UNDERGROUND AND OVERHEAD). IF THE CONTRACTOR ENCOUNTERS ANY DRAIN TILE WITHIN THE SITE, HE OR SHE SHALL NOTIFY THE ENGINEER WITH THE LOCATION, SIZE, INVERT AND IF THE TILE LINE IS ACTIVE. NO DRAIN TILE SHALL BE BACKFILLED WITHOUT APPROVAL FROM THE PROJECT ENGINEER. IT SHALL BE THE RESPONSIBILITY OF THE CONTRACTOR TO RELOCATE ALL EXISTING UTILITIES WHICH CONFLICT WITH THE PROPOSED IMPROVEMENTS SHOWN ON THE PLANS. 902.5 X 902 SPOT ELEVATION CONTOUR RIP RAP OVERFLOW ELEV. CURB & GUTTER BUILDING RETAINING WALL PROPERTY LIMIT EXISTINGPROPOSED LEGEND WETLAND LIMITS TREELINE STORM SEWER SOIL BORINGS DRAINTILE EOF 902.5 D LIMITS OF DISTURBANCE LOT 1 LOT 2 LOT 5 LOT 4 OUTLOT A 946 9 4 9 94 9 944 INFILTRATION BASIN BOT: 941.70 OUT: 942.50 HWL: 944.79 E O F 9 4 6 . 0 100' Principal Structure Setback from Long Lake Creek 20' Wetland Buffer 30' Wetland Buffer 30' Wetland Buffer 950 948 945 942 945 94 8 95 0 95 5 95 8 95 1 945 955952 948 945 950 945 9 5 0 949 947 9 5 2 96 0 947 946 95 0 94 7 9 5 0 9 5 1 BOTOUTHWL WBP WBP WBP WBP WBP WBP WBP WBP WBP WBP WBP WBP WBP WBPWBP WBP WBP WBP WBP WBP WBP WBP WBP WBP WBP WBP WBP GFE=958.0 FFE=959.0 LFE=950.0 GFE=953.5 FFE=954.5 LFE=945.5 GFE=948.5 FFE=950.5 LFE=941.5 GFE=956.0 FFE=957.0 LFE=948.0 9 5 2 . 1 951.2 952.3 947.4 945.8 947.2 948 . 6 9 5 0 . 0 9 5 1 . 4 952.60 HP 945.57 LP 34 LF - 18" RCP @ 3.8% FES 100 IE=941.2 FES 101 IE=942.5 E O F 9 4 6 . 0 APPROXIMATE DRIVEWAY GRADE BUILD = 5.3% 10% MAX. DRIVEWAY TO BE BUILT WITH HOME CONSTRUCTION APPROXIMATE DRIVEWAY GRADE BUILD = 2.0% 10% MAX. DRIVEWAY TO BE BUILT WITH HOME CONSTRUCTION APPROXIMATE DRIVEWAY GRADE BUILD = 2.0% 10% MAX. DRIVEWAY TO BE BUILT WITH HOME CONSTRUCTION APPROXIMATE DRIVEWAY GRADE BUILD = 8.0% 10% MAX. APPROXIMATE DRIVEWAY GRADE BUILD = VARIES 10% MAX. DRIVEWAY TO BE BUILT WITH HOME CONSTRUCTION SCALE IN FEET 0 6030 NORTH Jul 22, 2020 - 11:35am - User:Csyverson L:\PROJECTS\20658.03\CAD\Civil\Sheets\20658.03-C4-GRADE.dwg C4.02 GRADING & DRAINAGE PLAN Project Location Date Submittal / RevisionNo. Certification Sheet Title Summary Revision History Sheet No.Revision Project No. By Designed:Drawn: Approved:Book / Page: Phase:Initial Issue: Client GORDON JAMES CONSTRUCTION 5159 MAIN STREET SUITE 200 MAPLE PLAIN, MN 55359 ORCHARD HILL OF ORONO ORONO, MN JEB CJS ETL PRELIMINARY 04/22/2020 20658.03 Registration No.Date: I hereby certify that this plan, specification or report was prepared by me or under my direct supervision and that I am a duly licensed professional ENGINEER under the laws of the state of Minnesota. If applicable, contact us for a wet signed copy of this plan which is available upon request at Sambatek's, Minnetonka, MN office. 04/22/202050475 Eric T. Luth 04/22/20 City Submittal 05/01/20 MCWD Submittal 05/04/20 City Resubmittal 07/22/20 City Resubmittal 902.5 X 902 SPOT ELEVATION CONTOUR RIP RAP OVERFLOW ELEV. CURB & GUTTER BUILDING RETAINING WALL PROPERTY LIMIT EXISTINGPROPOSED LEGEND WETLAND LIMITS TREELINE STORM SEWER SOIL BORINGS DRAINTILE EOF 902.5 D THE SUBSURFACE UTILITY INFORMATION SHOWN ON THESE PLANS IS A UTILITY QUALITY LEVEL D. THIS QUALITY LEVEL WAS DETERMINED ACCORDING TO THE GUIDELINES OF ASCE/CI 38-02, TITLED "STANDARD GUIDELINES FOR THE COLLECTION AND DEPICTION OF EXISTING SUBSURFACE UTILITY DATA." THE CONTRACTOR AND/OR SUBCONTRACTORS SHALL DETERMINE THE EXACT LOCATION OF ALL EXISTING UTILITIES BEFORE COMMENCING WORK, BY CONTACTING THE NOTIFICATION CENTER (GOPHER STATE ONE FOR MINNESOTA). THE CONTRACTOR AND/OR SUBCONTRACTOR AGREE TO BE FULLY RESPONSIBLE FOR ANY AND ALL DAMAGES, WHICH MIGHT BE OCCASIONED BY HIS OR HER FAILURE TO EXACTLY LOCATE AND PRESERVE ANY AND ALL UTILITIES (UNDERGROUND AND OVERHEAD). IF THE CONTRACTOR ENCOUNTERS ANY DRAIN TILE WITHIN THE SITE, HE OR SHE SHALL NOTIFY THE ENGINEER WITH THE LOCATION, SIZE, INVERT AND IF THE TILE LINE IS ACTIVE. NO DRAIN TILE SHALL BE BACKFILLED WITHOUT APPROVAL FROM THE PROJECT ENGINEER. IT SHALL BE THE RESPONSIBILITY OF THE CONTRACTOR TO RELOCATE ALL EXISTING UTILITIES WHICH CONFLICT WITH THE PROPOSED IMPROVEMENTS SHOWN ON THE PLANS. LIMITS OF DISTURBANCE Project Location Date Submittal / RevisionNo. Certification Sheet Title Summary Revision History Sheet No.Revision Project No. By Designed:Drawn: Approved:Book / Page: Phase:Initial Issue: Client GORDON JAMES CONSTRUCTION 5159 MAIN STREET SUITE 200 MAPLE PLAIN, MN 55359 ORCHARD HILL OF ORONO ORONO, MN JEB CJS ETL PRELIMINARY 04/22/2020 20658.03 Registration No.Date: I hereby certify that this plan, specification or report was prepared by me or under my direct supervision and that I am a duly licensed professional ENGINEER under the laws of the state of Minnesota. If applicable, contact us for a wet signed copy of this plan which is available upon request at Sambatek's, Minnetonka, MN office. 04/22/202050475 Eric T. Luth 04/22/20 City Submittal 05/01/20 MCWD Submittal 05/04/20 City Resubmittal 07/22/20 City Resubmittal Jul 22, 2020 - 11:35am - User:Csyverson L:\PROJECTS\20658.03\CAD\Civil\Sheets\20658.03-C4-GRADE.dwg C4.03 GRADING NOTES 1.PROPOSED CONTOURS ARE TO FINISHED SURFACE ELEVATION. SPOT ELEVATIONS ALONG PROPOSED CURB DENOTE GUTTER GRADE. 2.CONTRACTOR SHALL REVIEW PAVEMENT GRADIENT AND CONSTRUCT “GUTTER OUT” WHERE WATER DRAINS AWAY FROM CURB. ALL OTHER AREAS SHALL BE CONSTRUCTED AS “GUTTER IN” CURB. 3.ALL GRADIENT ON SIDEWALKS ALONG THE ADA ROUTE SHALL HAVE A MAXIMUM LONGITUDINAL SLOPE OF 5% (1:20), EXCEPT AT CURB RAMPS (1:12), AND A MAXIMUM CROSS SLOPE OF 2.08% (1:48). MAXIMUM SLOPE IN ANY DIRECTION ON AN ADA PARKING STALL OR ACCESS AISLE SHALL BE IN 2.08% (1:48). CONTRACTOR SHALL REVIEW AND VERIFY THE GRADIENT IN THE FIELD ALONG THE ADA ROUTES PRIOR TO PLACING CONCRETE OR BITUMINOUS. CONTRACTOR SHALL NOTIFY THE ENGINEER IMMEDIATELY IF THERE IS A DISCREPANCY BETWEEN THE GRADIENT IN THE FIELD VERSUS THE DESIGN GRADIENT. COORDINATE ALL WORK WITH PAVING CONTRACTOR. 4.CONTRACTOR SHALL TAKE ALL PRECAUTIONS NECESSARY TO AVOID PROPERTY DAMAGE TO ADJACENT PROPERTIES DURING THE CONSTRUCTION PHASES OF THIS PROJECT. CONTRACTOR WILL BE HELD SOLELY RESPONSIBLE FOR ANY DAMAGES TO THE ADJACENT PROPERTIES OCCURRING DURING THE CONSTRUCTION PHASES OF THIS PROJECT. 5.SAFETY NOTICE TO CONTRACTORS: IN ACCORDANCE WITH GENERALLY ACCEPTED CONSTRUCTION PRACTICES, CONTRACTOR WILL BE SOLELY AND COMPLETELY RESPONSIBLE FOR CONDITIONS ON THE JOB SITE, INCLUDING SAFETY OF ALL PERSONS AND PROPERTY DURING PERFORMANCE OF THE WORK. THIS REQUIREMENT WILL APPLY CONTINUOUSLY AND NOT BE LIMITED TO NORMAL WORKING HOURS. THE DUTY OF THE ENGINEER OR THE DEVELOPER TO CONDUCT CONSTRUCTION REVIEW OF THE CONTRACTOR'S PERFORMANCE IS NOT INTENDED TO INCLUDE REVIEW OF THE ADEQUACY OF THE CONTRACTOR'S SAFETY MEASURES IN, ON OR NEAR THE CONSTRUCTION SITE. 6.CONTRACTOR SHALL COMPLETE THE SITE GRADING CONSTRUCTION IN ACCORDANCE WITH THE REQUIREMENTS OF THE OWNER'S SOILS ENGINEER. ALL SOIL TESTING SHALL BE COMPLETED BY THE OWNER'S SOILS ENGINEER. CONTRACTOR SHALL BE RESPONSIBLE FOR COORDINATING ALL REQUIRED SOIL TESTS AND INSPECTIONS WITH THE SOILS ENGINEER. A GEOTECHNICAL ENGINEERING SOILS REPORT HAS BEEN COMPLETED BY: COMPANY: BRAUN INTERTEC ADDRESS: 11001 HAMPSHIRE AVE S, MPLS, MN 55438 PHONE: 952-995-2000 DATED: JANUARY 16, 2020 CONTRACTOR SHALL OBTAIN A COPY OF THE SOILS REPORT. 7.CONTRACTOR SHALL COMPLETE DEWATERING AS REQUIRED TO COMPLETE THE SITE GRADING CONSTRUCTION. 8.PRIOR TO PLACEMENT OF THE AGGREGATE BASE, A TEST ROLL SHALL BE PERFORMED ON THE STREET AND PARKING AREA SUBGRADE. CONTRACTOR SHALL PROVIDE A LOADED TANDEM AXLE TRUCK WITH A GROSS WEIGHT OF 25 TONS. THE TEST ROLLING SHALL BE AT THE DIRECTION OF THE SOILS ENGINEER AND SHALL BE COMPLETED IN AREAS AS DIRECTED BY THE SOILS ENGINEER. CORRECTION OF THE SUBGRADE SOILS SHALL BE COMPLETED IN ACCORDANCE WITH THE REQUIREMENTS OF THE SOILS ENGINEER. 9.REPLACE ALL SUBGRADE SOIL DISTURBED DURING THE CONSTRUCTION THAT HAVE BECOME UNSUITABLE AND WILL NOT PASS A TEST ROLL. REMOVE UNSUITABLE SOIL FROM THE SITE AND IMPORT SUITABLE SOIL AT NO ADDITIONAL COST TO THE OWNER. 10.CONTRACTOR SHALL BE RESPONSIBLE FOR PROVIDING AND MAINTAINING VEHICULAR AND PEDESTRIAN TRAFFIC CONTROL DEVICES SUCH AS BARRICADES, WARNING SIGNS, DIRECTIONAL SIGNS, FLAGMEN AND LIGHTS TO CONTROL THE MOVEMENT OF TRAFFIC WHERE NECESSARY. TRAFFIC CONTROL DEVICES SHALL CONFORM TO APPROPRIATE MINNESOTA DEPARTMENT OF TRANSPORTATION STANDARDS. 11.EXISTING TREES AND OTHER NATURAL VEGETATION WITHIN THE PROJECT AND/OR ADJACENT TO THE PROJECT ARE OF PRIME CONCERN TO THE CONTRACTOR'S OPERATIONS AND SHALL BE A RESTRICTED AREA. CONTRACTOR SHALL PROTECT TREES TO REMAIN AT ALL TIMES. EQUIPMENT SHALL NOT NEEDLESSLY BE OPERATED UNDER NEARBY TREES AND EXTREME CAUTION SHALL BE EXERCISED WHEN WORKING ADJACENT TO TREES. SHOULD ANY PORTION OF THE TREE BRANCHES REQUIRE REMOVAL TO PERMIT OPERATION OF THE CONTRACTOR'S EQUIPMENT, CONTRACTOR SHALL OBTAIN THE SERVICES OF A PROFESSIONAL TREE TRIMMING SERVICE TO TRIM THE TREES PRIOR TO THE BEGINNING OF OPERATION. SHOULD CONTRACTOR'S OPERATIONS RESULT IN THE BREAKING OF ANY LIMBS, THE BROKEN LIMBS SHOULD BE REMOVED IMMEDIATELY AND CUTS SHALL BE PROPERLY PROTECTED TO MINIMIZE ANY LASTING DAMAGE TO THE TREE. NO TREES SHALL BE REMOVED WITHOUT AUTHORIZATION BY THE ENGINEER. COSTS FOR TRIMMING SERVICES SHALL BE CONSIDERED INCIDENTAL TO THE GRADING CONSTRUCTION AND NO SPECIAL PAYMENT WILL BE MADE. 11.a.RESTRICTED AREAS SHALL INCLUDE ALL DESIGNATED TREED AREAS OUTSIDE OF THE DESIGNATED CONSTRUCTION ZONE. ALL VEGETATION WITHIN THE RESTRICTED AREAS SHALL REMAIN. 11.b.CONTRACTOR SHALL RESTRICT ALL GRADING AND CONSTRUCTION ACTIVITIES TO AREAS DESIGNATED ON THE PLANS. ACTIVITIES WITHIN THE CONSTRUCTION MAY BE RESTRICTED TO A NARROWER WIDTH IN THE FIELD TO SAVE ADDITIONAL TREES AS DIRECTED BY THE OWNER. 11.c.ACTIVITIES PROHIBITED OUTSIDE OF THE CONSTRUCTION BOUNDARIES WOULD INCLUDE, BUT NOT BE LIMITED TO: SOIL AND OTHER MATERIAL STOCKPILING, EQUIPMENT OR MACHINERY STORAGE, DRIVING OF ANY VEHICLE, LEAKAGE OR SPILLAGE OF ANY “WASHOUT” OR OTHER TOXIC MATERIAL. THE COLLECTION OF OTHER DEBRIS AND SOIL STOCKPILING WILL BE IN AN AREA DETERMINED ON-SITE BY THE ENGINEER. 11.d.ALL RESTRICTED AREAS SHALL BE FENCED OFF WITH BRIGHT ORANGE POLYETHYLENE SAFETY NETTING AND STEEL STAKES AS SHOWN ON THE TREE PROTECTION DETAIL. AT NO TIME SHALL THIS FENCING BE REMOVED OR ACTIVITY OF ANY KIND TAKE PLACE WITHIN IT. FINAL PLACEMENT OF ALL PROTECTIVE FENCING SHALL BE COMPLETE BEFORE ANY WORK COMMENCES ON-SITE. 11.e.BEFORE COMMENCING WITH ANY EXCAVATION CONTRACTOR SHALL COMPLETE ALL PREPARATORY WORK REGARDING TREE REMOVAL, ROOT PRUNING, TREE PRUNING AND STUMP REMOVAL TO THE SATISFACTION OF THE OWNER. 11.f.PREPARATORY WORK SHALL INCLUDE THE FOLLOWING AND SHALL BE COMPLETED UNDER THE DIRECT SUPERVISION OF THE OWNER'S REPRESENTATIVE: 11.f.a.TREE REMOVAL: CONTRACTOR SHALL FELL THE TREES. AT NO TIME SHALL TREES BE BULLDOZED OUT, BUT SHALL BE CUT DOWN AND STUMPS REMOVED SEPARATELY. PRIOR TO THE FELLING OF ALL TREES, PROPER REMOVAL OF A PORTION OR ALL OF THE CANOPY SHALL BE COMPLETED SO THAT TREES IN THE RESTRICTED AREAS SHALL NOT BE INJURED IN THE PROCESS. 11.f.b.ROOT PRUNING: BEFORE ANY STUMPS ARE TO BE REMOVED, ALL ROOTS SHALL BE SEVERED FROM ROOTS IN THE RESTRICTED AREAS BY SAW CUTTING WITH A VERMEER DESIGNED FOR ROOT PRUNING, BY HAND, OR WITH A CHAINSAW. TREE ROOTS PROJECTING INTO THE CONSTRUCTION ZONE SHALL BE EXPOSED PRIOR TO ROOT PRUNING WITH SMALL MACHINERY, I.E..., BOBCAT. 11.f.c.STUMP REMOVAL: AT SUCH TIME THAT ROOTS HAVE BEEN PROPERLY SEVERED, STUMPS MAY BE REMOVED. WHERE REMOVAL OF CERTAIN STUMPS COULD CAUSE DAMAGE TO EXISTING PROTECTED TREES, TREE STUMPS SHALL BE GROUND OUT. ALL STUMP REMOVAL SHALL BE UNDER THE DIRECT SUPERVISION OF THE OWNER'S REPRESENTATIVE. 11.f.d.TREE PRUNING: PROPER PRUNING OF TREES IN THE RESTRICTED ZONE SHALL BE DIRECTED BY AND SUPERVISION AT ALL TIMES BY THE OWNER'S REPRESENTATIVE. 11.g.AN OWNER'S REPRESENTATIVE WILL BE AVAILABLE AT ALL TIMES DURING THE PREPARATORY AND CONSTRUCTION PERIOD. 11.h.MULCH RATHER THAN SEED OR SOD WILL BE USED AT THE BASE OF QUALITY TREES TO A PERIMETER DETERMINED BY THE OWNER'S REPRESENTATIVE. AREAS TO BE SEEDED FOR EROSION CONTROL PURPOSES WITHIN THE CONSTRUCTION ZONE ARE TO BE DETERMINED BY THE OWNER'S REPRESENTATIVE. NATURAL GROUND COVER WILL BE MAINTAINED WHEREVER POSSIBLE. 11.i.THE USE OF RETAINING WALLS NEAR TREES, IN ADDITION TO THOSE REQUIRED ON THE PLANS SHALL BE DETERMINED IN THE FIELD, BASED ON TREE LOCATIONS AND TOPOGRAPHY. 12.EXCAVATE TOPSOIL FROM AREAS TO BE FURTHER EXCAVATED OR REGRADED AND STOCKPILE IN AREAS DESIGNATED ON THE SITE. CONTRACTOR SHALL SALVAGE ENOUGH TOPSOIL FOR RESPREADING ON THE SITE AS SPECIFIED. EXCESS TOPSOIL SHALL BE PLACED IN EMBANKMENT AREAS, OUTSIDE OF BUILDING PADS, ROADWAYS AND PARKING AREAS. CONTRACTOR SHALL SUBCUT CUT AREAS, WHERE TURF IS TO BE ESTABLISHED, TO A DEPTH OF 6 INCHES. RESPREAD TOPSOIL IN AREAS WHERE TURF IS TO BE ESTABLISHED TO A MINIMUM DEPTH OF 6 INCHES. 13.TRENCH BORROW CONSTRUCTION: IF ALLOWED BY THE OWNER, CONTRACTOR SHALL COMPLETE “TRENCH BORROW” EXCAVATION IN AREAS DIRECTED BY THE ENGINEER IN ORDER TO OBTAIN STRUCTURAL MATERIAL. TREES SHALL NOT BE REMOVED OR DAMAGED AS A RESULT OF THE EXCAVATION, UNLESS APPROVED BY THE ENGINEER. THE EXCAVATION SHALL COMMENCE A MINIMUM OF 10 FEET FROM THE LIMIT OF THE BUILDING PAD. THE EXCAVATION FROM THIS LIMIT SHALL EXTEND AT A MINIMUM SLOPE OF 1 FOOT HORIZONTAL TO 1 FOOT VERTICAL (1:1) DOWNWARD AND OUTWARD FROM THE FINISHED SURFACE GRADE ELEVATION. THE TRENCH BORROW EXCAVATION SHALL BE BACKFILLED TO THE PROPOSED FINISHED GRADE ELEVATION, AND SHALL BE COMPACTED IN ACCORDANCE WITH REQUIREMENTS OF THE QUALITY COMPACTION METHOD AS OUTLINED IN MN/DOT SPECIFICATION 2105.3F2. SNOW FENCE SHALL BE FURNISHED AND PLACED ALONG THE PERIMETER OF THE TRENCH BORROW AREA WHERE THE SLOPES EXCEED 2 FOOT HORIZONTAL TO 1 FOOT VERTICAL (2:1). 14.FINISHED GRADING SHALL BE COMPLETED, CONTRACTOR SHALL UNIFORMLY GRADE AREAS WITHIN LIMITS OF GRADING, INCLUDING ADJACENT TRANSITION AREAS. PROVIDE A SMOOTH FINISHED SURFACE WITHIN SPECIFIED TOLERANCES, WITH UNIFORM LEVELS OR SLOPES BETWEEN POINTS WHERE ELEVATIONS ARE SHOWN, OR BETWEEN SUCH POINTS AND EXISTING GRADES. AREAS THAT HAVE BEEN FINISHED GRADED SHALL BE PROTECTED FROM SUBSEQUENT CONSTRUCTION OPERATIONS, TRAFFIC AND EROSION. REPAIR ALL AREAS THAT HAVE BECOME RUTTED, ERODED OR HAS SETTLED BELOW THE CORRECT GRADE. ALL AREAS DISTURBED BY THE CONTRACTOR'S OPERATIONS SHALL BE RESTORED TO EQUAL OR BETTER THAN ORIGINAL CONDITION OR TO THE REQUIREMENTS OF THE NEW WORK. 15.TOLERANCES 15.a.THE RESIDENTIAL BUILDING SUBGRADE FINISHED SURFACE ELEVATION SHALL NOT VARY BY MORE THAN 0.30 FOOT ABOVE, OR 0.30 FOOT BELOW, THE PRESCRIBED ELEVATION AT ANY POINT WHERE MEASUREMENT IS MADE. 15.b.THE COMMERCIAL BUILDING SUBGRADE FINISHED SURFACE ELEVATION SHALL NOT VARY BY MORE THAN 0.10 FOOT ABOVE, OR 0.10 FOOT BELOW, THE PRESCRIBED ELEVATION AT ANY POINT WHERE MEASUREMENT IS MADE. 15.c.THE STREET OR PARKING AREA SUBGRADE FINISHED SURFACE ELEVATION SHALL NOT VARY BY MORE THAN 0.05 FOOT ABOVE, OR 0.10 FOOT BELOW, THE PRESCRIBED ELEVATION OF ANY POINT WHERE MEASUREMENT IS MADE. 15.d.AREAS WHICH ARE TO RECEIVE TOPSOIL SHALL BE GRADED TO WITHIN 0.30 FOOT ABOVE OR BELOW THE REQUIRED ELEVATION, UNLESS DIRECTED OTHERWISE BY THE ENGINEER. 15.e.TOPSOIL SHALL BE GRADED TO PLUS OR MINUS 1/2 INCH OF THE SPECIFIED THICKNESS. 16.AFTER THE SITE GRADING IS COMPLETED, IF EXCESS OR SHORTAGE OF SOIL MATERIAL EXISTS, CONTRACTOR SHALL TRANSPORT ALL EXCESS SOIL MATERIAL OFF THE SITE TO AN AREA SELECTED BY THE CONTRACTOR, OR IMPORT SUITABLE MATERIAL TO THE SITE. 17.CONTRACTOR SHALL DETERMINE THE LOCATION OF ANY HAUL ROADS THAT MAY BE REQUIRED TO COMPLETE THE SITE GRADING CONSTRUCTION AND SHALL INDICATE HAUL ROADS ON EROSION AND SEDIMENT CONTROL “SITE MAP”. CONTRACTOR SHALL COMPLY WITH THE REQUIREMENTS OF THE GOVERNING AUTHORITY OF EACH ROADWAY. CONTRACTOR SHALL POST WHATEVER SECURITY, AND COMPLY WITH ALL CONDITIONS WHICH ARE REQUIRED BY EACH GOVERNING AUTHORITY OF EACH ROADWAY. 18.DISTURBED AREAS WITHIN WETLAND MITIGATION SITE AND ANY DISTURBED AREAS WITHIN THE WETLAND SHALL BE RESTORED WITH 6 TO 12 INCHES OF ORGANIC SOILS, PREFERABLY SOILS THAT WERE PREVIOUSLY REMOVED FROM WETLAND AREAS. SEEDING IN THE WETLAND MITIGATION AREAS ABOVE THE NORMAL WATER LEVEL SHALL BE MN STATE SEED MIX 34-271, WET MEADOW SOUTH AND WEST, OR APPROVED EQUAL. FOR STATE SEED MIXES, OATS AND WINTER WHEAT SHOULD BE SELECTED BASED ON THE TIME OF YEAR THAT THE MIX IS BEING USED. OATS SHOULD BE INCLUDED IN MIXES IF BEING USED BETWEEN OCTOBER 15TH AND AUGUST 1ST. WINTER WHEAT SHOULD BE USED BETWEEN AUGUST 1ST AND OCTOBER 15TH. THE SEEDING RATE IS THE SAME FOR OATS AND WINTER WHEAT. MIX 34-271 SHOULD BE APPLIED AT 12 POUNDS PER ACRE. SEED SHALL BE WATERED UNTIL A HEALTHY STAND OF VEGETATION IS OBTAINED. 19.FILL PLACED WITHIN THE BUILDING PAD AREAS SHALL BE IN CONFORMANCE WITH HUD/FHA PROCEDURES AND DATA SHEET 79G. 20.RETAINING WALL(S) SHALL BE CONSTRUCTED OF _________________ (MODULAR BLOCK, TREATED TIMBER, BOULDER, ETC.) MATERIAL. CONTRACTOR SHALL SUBMIT TO THE ENGINEER AND LOCAL AUTHORITY CERTIFIED ENGINEERING DRAWINGS, DESIGN CALCULATIONS AND SOIL BORINGS. THE CERTIFIED ENGINEER FOR THE RETAINING WALL(S) SHALL PROVIDE CONSTRUCTION OBSERVATIONS OF THE RETAINING WALL IMPROVEMENT, AND A LETTER CERTIFYING THE INSTALLATION OF THE WALL(S) WAS CONSTRUCTED IN CONFORMANCE WITH THE PLANS AND SPECIFICATIONS. GRADING NOTES 1.INFILTRATION BASIN CONSTRUCTION REQUIREMENTS: (INCLUDES ALL DEVICES USING FILTRATION THROUGH A SOIL MEDIUM TO CAPTURE STORM WATER RUNOFF BUT ARE NOT LIMITED TO: INFILTRATION BASINS, INFILTRATION TRENCHES, BIOFILTRATION BASINS, RAINWATER GARDENS, SAND FILTERS, ORGANIC FILTERS, BIORETENTION AREAS, ENHANCED SWALES, DRY STORAGE PONDS WITH UNDERDRAIN DISCHARGE, AND NATURAL DEPRESSIONS (IF USED TO PROVIDE STORMWATER TREATMENT OF NEW IMPERIOUS SURFACE)) 1.a.PERMITTEES MUST NOT EXCAVATE INFILTRATION SYSTEMS TO FINAL GRADE, OR WITHIN THREE (3) FEET OF FINAL GRADE, UNTIL THE CONTRIBUTING DRAINAGE AREA HAS BEEN CONSTRUCTED AND FULLY STABILIZED UNLESS THEY PROVIDE RIGOROUS EROSION PREVENTION AND SEDIMENT CONTROLS (E.G., DIVERSION BERMS) TO KEEP SEDIMENT AND RUNOFF COMPLETELY AWAY FROM THE INFILTRATION AREA. WHEN EXCAVATING AN INFILTRATION SYSTEM TO WITHIN THREE (3) FEET OF FINAL GRADE, PERMITTEES MUST STAKE OFF AND MARK THE AREA SO HEAVY CONSTRUCTION VEHICLES OR EQUIPMENT DO NOT COMPACT THE SOIL IN THE INFILTRATION AREA. ONCE STREET AND UTILITY CONSTRUCTION CEASES AND “FINAL STABILIZATION” (AS DEFINED ACCORDING TO SECTION 8 OF THE SWPPP NARRATIVE) OF CONTRIBUTING DRAINAGE AREA HAS BEEN COMPLETED, AND ONLY AFTER THE OWNER'S ENGINEER AUTHORIZES CONTRACTOR TO PROCEED, INFILTRATION BASIN SHALL BE EXCAVATED TO FINISHED GRADE. 1.b.HEAVY EQUIPMENT SHALL NOT TRAVEL WITHIN THE INFILTRATION BASIN AREA. EXCAVATION WITHIN THE INFILTRATION BASIN SHALL BE PERFORMED BY USE OF A BACKHOE BUCKET WITH TEETH. CONTRACTOR SHALL DISC OR TILL THE SOILS IF REQUIRED BY THE SOILS ENGINEER. 1.c.INFILTRATION BASIN SHALL BE PROTECTED BY SILT FENCE DURING ALL CONSTRUCTION ACTIVITIES. ALL DEPOSITED SEDIMENT DURING CONSTRUCTION ACTIVITY SHALL BE PROPERLY DISPOSED OF DOWNSTREAM OF INFILTRATION BASIN, IF POSSIBLE. 1.d.ALL FLARED END SECTION INLETS AND CATCH BASIN MANHOLE INLETS SHALL HAVE INLET EROSION CONTROL PROTECTION IN PLACE UNTIL FINAL STABILIZATION BASIN HAS OCCURRED. 1.e.ABOVE THE INFILTRATION BASIN OUTLET ELEVATION, INCLUDING THE BERM AND DISTURBED AREAS, A MINIMUM OF 4" DEPTH OF TOPSOIL MATERIAL SHALL BE PLACED TO THE FINISHED GRADE ELEVATION. TOPSOIL SHALL MEET (MN/DOT) SPECIFICATION. THE AREA SHALL BE SEEDED WITH MN STATE SEED MIXTURE 25-131 (LOW MAINTENANCE TURF) APPLIED AT A RATE OF 220 LBS/ACRE, OR MN STATE SEED MIXTURE 35-241 (MESIC PRAIRIE GENERAL) APPLIED AT A RATE OF 36.5 LBS/ACRE. SOD MEETING (MN/DOT) SPECIFICATION 3878.2-B CAN BE SUBSTITUTED FOR SEED. SEED APPLICATION PROCEDURE: MIXTURE APPLICATION PROCEDURES SHALL FOLLOW (MN/DOT) SPECIFICATION 2575.3. SEED SHALL BE SECURED BY USE OF (MN/DOT) SPECIFICATION 3885 CATEGORY 1 EROSION BLANKET. ABSENT A SOIL TEST, FERTILIZER MEETING ANALYSIS 22-5-10 (NPK) 80% W.I.N. SHALL BE APPLIED AT A RATE OF 350 LBS/ACRE FOR SEED MIXTURE 25-131, OR FERTILIZER WITH AN ANALYSIS OF 18-1-8 (NPK) (FOR LOAMS, CLAY LOAM SOIL), OR 17-10-7 (NPK) (FOR SANDS WITH LESS THAN 30% ORGANIC AND CLAY MATTER) NATURAL BASE SHALL BE APPLIED AT A RATE OF 150 LBS/ACRE FOR SEED MIXTURE 35-241. 1.f.BELOW THE INFILTRATION BASIN OUTLET, INCLUDING BASIN FLOOR, PLACE PLANTING MEDIUM SOIL BASED ON - SITE SOIL CONDITIONS, AND ALSO BASED ON LANDSCAPE ARCHITECT, WATERSHED, AND/OR CITY RECOMMENDATIONS (SEE DETAIL ON PLAN). DISTURBED AREAS TO BE SEEDED WITH MN STATE SEED MIXTURE 33-261 (STORMWATER SOUTH AND WEST) APPLIED AT A RATE OF 35 LBS/ACRE. DRAINTILE INSTALLATION (IF REQUIRED) SHALL BE INSTALLED CONCURRENTLY WITH FLOOR CONSTRUCTION. NOTE: INFILTRATION BASIN FLOOR EXCAVATING, PLANTING MEDIUM SOIL PLACEMENT, DRAINTILE INSTALLATION, ETC. SHALL TAKE PLACE ONLY AFTER THE OWNER'S ENGINEER AUTHORIZES CONTRACTOR TO PROCEED AND AFTER INFILTRATION BASIN SIDESLOPES (ABOVE OUTLET ELEVATION) HAVE UNDERGONE “FINAL STABILIZATION” WHICH INCLUDES FLUSHING OUT ACCUMULATED SILT AND SEDIMENT FROM CONTRIBUTING STORM SEWER. EXCAVATED BASIN MATERIAL SHALL BE DISPOSED OF DOWNSTREAM OF BASIN AREA, IF POSSIBLE, OR OFF-SITE. SEED APPLICATION PROCEDURE: MIXTURE APPLICATION PROCEDURES SHALL FOLLOW (MN/DOT) SPECIFICATION 2575.3. SEED SHALL BE SECURED BY USE OF HYDRO MULCH, OR SECURED BY (MN/DOT) SPECIFICATION 3885 CATEGORY 1 OR CATEGORY 3 EROSION BLANKET. ABSENT A SOIL TEST, FERTILIZER WITH AN ANALYSIS OF 18-1-8 (NPK) (FOR LOAMS, CLAY LOAM SOIL), OR 17-10-7 (NPK) (FOR SANDS WITH LESS THAN 30% ORGANIC AND CLAY MATTER), NATURAL BASE SHALL BE APPLIED AT A RATE OF 120 LBS/ACRE. 1.g.CONTRACTOR SHALL RESEED OR REPLANT ANY AREAS ON WHICH THE ORIGINAL SEED HAS FAILED TO GERMINATE AS DIRECTED BY THE OWNER'S ENGINEER. 1.h.IF ALTERNATIVE METHODS OF INFILTRATION BASIN CONSTRUCTION ARE PROPOSED BY THE CONTRACTOR, THOSE ALTERNATIVE METHODS WILL REQUIRE WRITTEN APPROVAL BY THE OWNER'S ENGINEER. 1.i.COSTS FOR REMOBILIZATION (IF REQUIRED) TO COMPLETE INFILTRATION BASIN CONSTRUCTION WILL BE CONDUCTED AT THE CONTRACTOR'S EXPENSE. 2.PERFORMANCE TESTING OF INFILTRATION BASINS: (TO BE CONDUCTED IF DESIGN INFILTRATION RATE WAS VERIFIED ACCORDING TO ASTM D-3385-03 "STANDARD TEST METHOD FOR INFILTRATION RATE OF SOILS IN FIELD USING DOUBLE-RING INFILTROMETER".) ALL COSTS RELATED TO THE PERFORMANCE INFILTRATION TESTING SHALL BE PAID BY THE OWNER, EXCEPT AS NOTED. THE INFILTRATION BASINS WILL BE TESTED IN ACCORDANCE TO THE FOLLOWING PROCEDURE: 2.a.A MINIMUM OF TWO INFILTRATION TESTS SHALL BE COMPLETED FOR EACH INFILTRATION BASIN (0.5 ACRE FLOOR AREA OR LESS). THE REQUIRED NUMBER OF TESTS SHALL BE VERIFIED WITH THE SOILS ENGINEER AND THE GOVERNING AUTHORITIES. 2.b.TWO ADDITIONAL TESTS WILL BE REQUIRED FOR EACH 0.5 ACRE OF INFILTRATION BASIN FLOOR AREA. 2.c.TEST PROCEDURE WILL FOLLOW ASTM D-3385-09 "STANDARD TEST METHOD FOR INFILTRATION RATE OF SOILS IN FIELD USING DOUBLE-RING INFILTROMETER". 2.d.TEST WILL BE CONDUCTED AT THE FINISHED BASIN FLOOR ELEVATION. 2.e.TEST WILL BE FOR A PERIOD AS OUTLINED IN ASTM D-3385-09. 2.f.THE TEST RESULTS WILL BE AVERAGED TO OBTAIN THE INFILTRATION RATE USED FOR ACCEPTANCE. 2.g.THE LOWEST MEASURED INFILTRATION RATE SHALL EXCEED THE DESIGN INFILTRATION RATE OF ______ INCHES/HOUR. 2.h.THE AVERAGE OF THE MEASURED INFILTRATION RATES MUST MEET OR EXCEED THE DESIGN RATE OF ______ INCHES/HOUR DIVIDED BY THE CORRECTION FACTOR USED IN CALCULATING THE DESIGN RATE AS NOTED IN TABLE 12.INF.8 FROM THE LATEST EDITION OF THE MINNESOTA STORMWATER MANUAL. IF THE INFILTRATION RATE AS TESTED DOES NOT MEET OR EXCEED THE REQUIRED RATE AS DETERMINED ABOVE, CONTRACTOR WILL BE REQUIRED TO COMPLETE SOIL CORRECTIVE AND/OR SOIL REPLACEMENT WORK AS NECESSARY WITHIN THE INFILTRATION BASIN AREA AT THE CONTRACTOR'S EXPENSE UNTIL THE INFILTRATION RATE AS TESTED EXCEEDS THE REQUIRED RATE AS DETERMINED ABOVE. SUBSEQUENT RE-TESTING WILL BE REQUIRED UNTIL THE INFILTRATION AS TESTED EXCEEDS THE REQUIRED RATE AS DETERMINED ABOVE. RE-TESTING SHALL BE AT THE CONTRACTOR'S EXPENSE AND WILL BE DEDUCTED FROM THE AMOUNT DUE THE CONTRACTOR. INFILTRATION BASIN CONSTRUCTION NOTES WBP WBP WBP WBP WBP WBP WBP WBP WBP WBP WBP WBP WBP WBPWBP WBP WBP WBP WBP WBP WBP WBP WBP WBP WBP WBP WBP WBP WBP WBP WBP WBP WBP WBP WBP WBP WBP WBP WBP WBP WBP WBP WBP WBP WBP WBP WBP WBP WBP LONG LAKE CREEK IMPAIRED WATERBODY WITHIN 1 MILE AND RECEIVES SITE RUNOFF CONTRACTOR SHALL ENSURE THAT NO CONTAMINATED RUNOFF FLOWS TO THE CREEK LONG LAKE IS AN IMPAIRED WATERBODY TO THE NORTH OF THE SITE, OUTSIDE OF THE PROJECT AND WITHIN 1 MILE NO RUNOFF DRAINS TO IT TANAGER LAKE IS AN IMPAIRED WATERBODY TO THE SOUTH OF THE PROJECT, OUTSIDE OF PROJECT LIMITS BUT WITHIN 1 MILE OF THE SITE AND RECEIVES DISCHARGE PERMITTEES MUST NOT EXCAVATE INFILTRATION SYSTEMS TO FINAL GRADE, OR WITHIN THREE (3) FEET OF FINAL GRADE, UNTIL THE CONTRIBUTING DRAINAGE AREA HAS BEEN CONSTRUCTED AND FULLY STABILIZED UNLESS THEY PROVIDE RIGOROUS EROSION PREVENTION AND SEDIMENT CONTROLS (E.G., DIVERSION BERMS) TO KEEP SEDIMENT AND RUNOFF COMPLETELY AWAY FROM THE INFILTRATION AREA. [MINN. R. 7090] 16.5 WHEN EXCAVATING AN NFILTRATION SYSTEM TO WITHIN THREE (3) FEET OF FINAL GRADE, PERMITTEES MUST STAKE OFF AND MARK THE AREA SO HEAVY CONSTRUCTION VEHICLES OR EQUIPMENT DO NOT COMPACT THE SOIL IN THE INFILTRATION AREA. SCALE IN FEET 0 12060 NORTH Jul 22, 2020 - 11:36am - User:Csyverson L:\PROJECTS\20658.03\CAD\Civil\Sheets\20658.03-C5-EROS.dwg C5.01 PHASE I EROSION CONTROL PLAN Project Location Date Submittal / RevisionNo. Certification Sheet Title Summary Revision History Sheet No.Revision Project No. By Designed:Drawn: Approved:Book / Page: Phase:Initial Issue: Client GORDON JAMES CONSTRUCTION 5159 MAIN STREET SUITE 200 MAPLE PLAIN, MN 55359 ORCHARD HILL OF ORONO ORONO, MN JEB CJS ETL PRELIMINARY 04/22/2020 20658.03 Registration No.Date: I hereby certify that this plan, specification or report was prepared by me or under my direct supervision and that I am a duly licensed professional ENGINEER under the laws of the state of Minnesota. If applicable, contact us for a wet signed copy of this plan which is available upon request at Sambatek's, Minnetonka, MN office. 04/22/202050475 Eric T. Luth 04/22/20 City Submittal 05/01/20 MCWD Submittal 05/04/20 City Resubmittal 07/22/20 City Resubmittal TEMPORARY STABILIZATION MEASURES (SEED, MULCH, MATS OR BLANKETS AS OUTLINED IN THE SWPPP) TEMPORARY STORAGE AND PARKING AREA DIRECTION OF OVERLAND FLOW TEMPORARY DIVERSION DITCH LIMITS OF DRAINAGE SUB-BASIN INLET PROTECTION DEVICE TEMPORARY STONE CONSTRUCTION ENTRANCE TEMPORARY SEDIMENT BASIN LIMITS OF DISTURBANCE OVERFLOW ELEV. CONTOUR RIP RAP CHECK DAM SILT FENCE SOIL BORINGS EXISTINGPROPOSED STORM SEWER CURB & GUTTER DRAINTILE THE EROSION CONTROL PLAN SHEETS ALONG WITH THE REST OF THE SWPPP MUST BE KEPT ONSITE UNTIL THE NOTICE OF TERMINATION IS FILED WITH THE MPCA, THE CONTRACTOR MUST UPDATE THE SWPPP, INCLUDING THE EROSION CONTROL PLAN SHEETS AS NECESSARY TO INCLUDE ADDITIONAL REQUIREMENTS, SUCH AS ADDITIONAL OR MODIFIED BMPS DESIGNED TO CORRECT PROBLEMS IDENTIFIED. AFTER FILING THE NOTICE OF TERMINATION, THE SWPPP, INCLUDING THE EROSION CONTROL PLAN SHEETS, AND ALL REVISIONS TO IT MUST BE SUBMITTED TO THE OWNER, TO BE KEPT ON FILE IN ACCORDANCE WITH THE RECORD RETENTION REQUIREMENTS DESCRIBED IN THE SWPPP NARRATIVE. TSM TS SB EROSION CONTROL MATERIALS QUANTITIES ITEM UNIT QUANTITY SILT FENCE LINEAR FEET 1,460 SILT DIKE BIO-ROLL LEGEND NOTE TO CONTRACTOR EOF 902.5 D THE SUBSURFACE UTILITY INFORMATION SHOWN ON THESE PLANS IS A UTILITY QUALITY LEVEL D. THIS QUALITY LEVEL WAS DETERMINED ACCORDING TO THE GUIDELINES OF ASCE/CI 38-02, TITLED "STANDARD GUIDELINES FOR THE COLLECTION AND DEPICTION OF EXISTING SUBSURFACE UTILITY DATA." THE CONTRACTOR AND/OR SUBCONTRACTORS SHALL DETERMINE THE EXACT LOCATION OF ALL EXISTING UTILITIES BEFORE COMMENCING WORK, BY CONTACTING THE NOTIFICATION CENTER (GOPHER STATE ONE FOR MINNESOTA). THE CONTRACTOR AND/OR SUBCONTRACTOR AGREE TO BE FULLY RESPONSIBLE FOR ANY AND ALL DAMAGES, WHICH MIGHT BE OCCASIONED BY HIS OR HER FAILURE TO EXACTLY LOCATE AND PRESERVE ANY AND ALL UTILITIES (UNDERGROUND AND OVERHEAD). IF THE CONTRACTOR ENCOUNTERS ANY DRAIN TILE WITHIN THE SITE, HE OR SHE SHALL NOTIFY THE ENGINEER WITH THE LOCATION, SIZE, INVERT AND IF THE TILE LINE IS ACTIVE. NO DRAIN TILE SHALL BE BACKFILLED WITHOUT APPROVAL FROM THE PROJECT ENGINEER. IT SHALL BE THE RESPONSIBILITY OF THE CONTRACTOR TO RELOCATE ALL EXISTING UTILITIES WHICH CONFLICT WITH THE PROPOSED IMPROVEMENTS SHOWN ON THE PLANS. 902 * REFER TO SHEET C5.03 FOR GENERAL NOTES, MAINTENANCE NOTES, LOCATION MAPS, AND STANDARD DETAILS IPX LIMITS OF DISTURBANCE LOT 1 LOT 2 LOT 4 OUTLOT A 946 9 4 9 94 9 944 INFILTRATION BASIN BOT: 941.70 OUT: 942.50 HWL: 944.79950 948 945 942 945 94 8 95 0 95 5 95 8 95 1 945 955952 948 945 950 945 9 5 0 949 947 9 5 2 96 0 947 946 95 0 94 7 9 5 0 9 5 1 BOTOUTHWL WBP WBP WBP WBP WBP WBP WBP WBP WBP WBP WBP WBPWBP WBP WBP WBP WBP WBP WBP WBP WBP LONG LAKE CREEK IMPAIRED WATERBODY WITHIN 1 MILE AND RECEIVES SITE RUNOFF CONTRACTOR SHALL ENSURE THAT NO CONTAMINATED RUNOFF FLOWS TO THE CREEK LONG LAKE IS AN IMPAIRED WATERBODY TO THE NORTH OF THE SITE, OUTSIDE OF THE PROJECT AND WITHIN 1 MILE NO RUNOFF DRAINS TO IT TANAGER LAKE IS AN IMPAIRED WATERBODY TO THE SOUTH OF THE PROJECT, OUTSIDE OF PROJECT LIMITS BUT WITHIN 1 MILE OF THE SITE AND RECEIVES DISCHARGE PERMITTEES MUST NOT EXCAVATE INFILTRATION SYSTEMS TO FINAL GRADE, OR WITHIN THREE (3) FEET OF FINAL GRADE, UNTIL THE CONTRIBUTING DRAINAGE AREA HAS BEEN CONSTRUCTED AND FULLY STABILIZED UNLESS THEY PROVIDE RIGOROUS EROSION PREVENTION AND SEDIMENT CONTROLS (E.G., DIVERSION BERMS) TO KEEP SEDIMENT AND RUNOFF COMPLETELY AWAY FROM THE INFILTRATION AREA. [MINN. R. 7090] 16.5 WHEN EXCAVATING AN NFILTRATION SYSTEM TO WITHIN THREE (3) FEET OF FINAL GRADE, PERMITTEES MUST STAKE OFF AND MARK THE AREA SO HEAVY CONSTRUCTION VEHICLES OR EQUIPMENT DO NOT COMPACT THE SOIL IN THE INFILTRATION AREA. SCALE IN FEET 0 6030 NORTH Jul 22, 2020 - 11:36am - User:Csyverson L:\PROJECTS\20658.03\CAD\Civil\Sheets\20658.03-C5-EROS.dwg C5.02 PHASE II EROSION CONTROL PLAN Project Location Date Submittal / RevisionNo. Certification Sheet Title Summary Revision History Sheet No.Revision Project No. By Designed:Drawn: Approved:Book / Page: Phase:Initial Issue: Client GORDON JAMES CONSTRUCTION 5159 MAIN STREET SUITE 200 MAPLE PLAIN, MN 55359 ORCHARD HILL OF ORONO ORONO, MN JEB CJS ETL PRELIMINARY 04/22/2020 20658.03 Registration No.Date: I hereby certify that this plan, specification or report was prepared by me or under my direct supervision and that I am a duly licensed professional ENGINEER under the laws of the state of Minnesota. If applicable, contact us for a wet signed copy of this plan which is available upon request at Sambatek's, Minnetonka, MN office. 04/22/202050475 Eric T. Luth 04/22/20 City Submittal 05/01/20 MCWD Submittal 05/04/20 City Resubmittal 07/22/20 City Resubmittal TEMPORARY STABILIZATION MEASURES (SEED, MULCH, MATS OR BLANKETS AS OUTLINED IN THE SWPPP) TEMPORARY STORAGE AND PARKING AREA DIRECTION OF OVERLAND FLOW TEMPORARY DIVERSION DITCH LIMITS OF DRAINAGE SUB-BASIN INLET PROTECTION DEVICE TEMPORARY STONE CONSTRUCTION ENTRANCE TEMPORARY SEDIMENT BASIN LIMITS OF DISTURBANCE OVERFLOW ELEV. CONTOUR RIP RAP CHECK DAM SILT FENCE SOIL BORINGS EXISTINGPROPOSED STORM SEWER CURB & GUTTER DRAINTILE THE EROSION CONTROL PLAN SHEETS ALONG WITH THE REST OF THE SWPPP MUST BE KEPT ONSITE UNTIL THE NOTICE OF TERMINATION IS FILED WITH THE MPCA, THE CONTRACTOR MUST UPDATE THE SWPPP, INCLUDING THE EROSION CONTROL PLAN SHEETS AS NECESSARY TO INCLUDE ADDITIONAL REQUIREMENTS, SUCH AS ADDITIONAL OR MODIFIED BMPS DESIGNED TO CORRECT PROBLEMS IDENTIFIED. AFTER FILING THE NOTICE OF TERMINATION, THE SWPPP, INCLUDING THE EROSION CONTROL PLAN SHEETS, AND ALL REVISIONS TO IT MUST BE SUBMITTED TO THE OWNER, TO BE KEPT ON FILE IN ACCORDANCE WITH THE RECORD RETENTION REQUIREMENTS DESCRIBED IN THE SWPPP NARRATIVE. TSM TS SB EROSION CONTROL MATERIALS QUANTITIES ITEM UNIT QUANTITY SILT FENCE LINEAR FEET 1,460 EROSION CONTROL BLANKET SQUARE FEET 10,665 EROSION PROTECTION BLANKET SQUARE FEET 5,725 BIO-ROLL LINEAR FEET 18 CONSTRUCTION ENTRANCE UNIT 1 SILT DIKE BIO-ROLL LEGEND NOTE TO CONTRACTOR EOF 902.5 D THE SUBSURFACE UTILITY INFORMATION SHOWN ON THESE PLANS IS A UTILITY QUALITY LEVEL D. THIS QUALITY LEVEL WAS DETERMINED ACCORDING TO THE GUIDELINES OF ASCE/CI 38-02, TITLED "STANDARD GUIDELINES FOR THE COLLECTION AND DEPICTION OF EXISTING SUBSURFACE UTILITY DATA." THE CONTRACTOR AND/OR SUBCONTRACTORS SHALL DETERMINE THE EXACT LOCATION OF ALL EXISTING UTILITIES BEFORE COMMENCING WORK, BY CONTACTING THE NOTIFICATION CENTER (GOPHER STATE ONE FOR MINNESOTA). THE CONTRACTOR AND/OR SUBCONTRACTOR AGREE TO BE FULLY RESPONSIBLE FOR ANY AND ALL DAMAGES, WHICH MIGHT BE OCCASIONED BY HIS OR HER FAILURE TO EXACTLY LOCATE AND PRESERVE ANY AND ALL UTILITIES (UNDERGROUND AND OVERHEAD). IF THE CONTRACTOR ENCOUNTERS ANY DRAIN TILE WITHIN THE SITE, HE OR SHE SHALL NOTIFY THE ENGINEER WITH THE LOCATION, SIZE, INVERT AND IF THE TILE LINE IS ACTIVE. NO DRAIN TILE SHALL BE BACKFILLED WITHOUT APPROVAL FROM THE PROJECT ENGINEER. IT SHALL BE THE RESPONSIBILITY OF THE CONTRACTOR TO RELOCATE ALL EXISTING UTILITIES WHICH CONFLICT WITH THE PROPOSED IMPROVEMENTS SHOWN ON THE PLANS. 902 * REFER TO SHEET C5.03 FOR GENERAL NOTES, MAINTENANCE NOTES, LOCATION MAPS, AND STANDARD DETAILS IPX EROSION CONTROL BLANKET EROSION PROTECTION BLANKET LIMITS OF DISTURBANCE Jul 22, 2020 - 11:36am - User:Csyverson L:\PROJECTS\20658.03\CAD\Civil\Sheets\20658.03-C5-EROS.dwg C5.03 EROSION CONTROL NOTES & DETAILS Project Location Date Submittal / RevisionNo. Certification Sheet Title Summary Revision History Sheet No.Revision Project No. By Designed:Drawn: Approved:Book / Page: Phase:Initial Issue: Client GORDON JAMES CONSTRUCTION 5159 MAIN STREET SUITE 200 MAPLE PLAIN, MN 55359 ORCHARD HILL OF ORONO ORONO, MN JEB CJS ETL PRELIMINARY 04/22/2020 20658.03 Registration No.Date: I hereby certify that this plan, specification or report was prepared by me or under my direct supervision and that I am a duly licensed professional ENGINEER under the laws of the state of Minnesota. If applicable, contact us for a wet signed copy of this plan which is available upon request at Sambatek's, Minnetonka, MN office. 04/22/202050475 Eric T. Luth 04/22/20 City Submittal 05/01/20 MCWD Submittal 05/04/20 City Resubmittal 07/22/20 City Resubmittal ALL MEASURES STATED ON THIS EROSION AND SEDIMENT CONTROL PLAN, AND IN THE STORM WATER POLLUTION PREVENTION PLAN SHALL BE MAINTAINED IN FULLY FUNCTIONAL CONDITION UNTIL NO LONGER REQUIRED FOR A COMPLETED PHASE OF WORK OR FINAL STABILIZATION OF THE SITE. THE DESIGNATED CONTACT PERSON NOTED ON THIS PLAN MUST ROUTINELY INSPECT THE CONSTRUCTION ON SITE ONCE EVERY SEVEN DAYS DURING ACTIVE CONSTRUCTION AND WITHIN 24 HOURS AFTER A RAINFALL EVENT GREATER THAN 0.5 INCHES IN 24 HOURS. ALL EROSION AND SEDIMENTATION CONTROL MEASURES SHALL BE CLEANED AND REPAIRED IN ACCORDANCE WITH THE FOLLOWING: 1.ALL SILT FENCES MUST BE REPAIRED, REPLACED, OR SUPPLEMENTED WHEN THEY BECOME NONFUNCTIONAL OR THE SEDIMENT REACHES 1/2 OF THE HEIGHT OF THE FENCE. THESE REPAIRS MUST BE MADE WITHIN 24 HOURS OF DISCOVERY, OR AS SOON AS FIELD CONDITIONS ALLOW ACCESS. 2.TEMPORARY AND PERMANENT SEDIMENTATION BASINS MUST BE DRAINED AND THE SEDIMENT REMOVED WHEN THE DEPTH OF SEDIMENT COLLECTED IN THE BASIN REACHES 1/2 THE STORAGE VOLUME. DRAINAGE AND REMOVAL MUST BE COMPLETED WITHIN 72 HOURS OF DISCOVERY, OR AS SOON AS FIELD CONDITIONS ALLOW ACCESS (SEE PART 10.1-10.5 OF THE GENERAL PERMIT). 3.SURFACE WATERS, INCLUDING DRAINAGE DITCHES AND CONVEYANCE SYSTEMS, MUST BE INSPECTED FOR EVIDENCE OF SEDIMENT BEING DEPOSITED BY EROSION. CONTRACTOR MUST REMOVE ALL DELTAS AND SEDIMENT DEPOSITED IN SURFACE WATERS, INCLUDING DRAINAGE WAYS, CATCH BASINS, AND OTHER DRAINAGE SYSTEMS, AND RESTABILIZE THE AREAS WHERE SEDIMENT REMOVAL RESULTS IN EXPOSED SOIL. THE REMOVAL AND STABILIZATION MUST TAKE PLACE WITHIN SEVEN (7) DAYS OF DISCOVERY UNLESS PRECLUDED BY LEGAL, REGULATORY, OR PHYSICAL ACCESS CONSTRAINTS. CONTRACTOR SHALL USE ALL REASONABLE EFFORTS TO OBTAIN ACCESS. IF PRECLUDED, REMOVAL AND STABILIZATION MUST TAKE PLACE WITHIN SEVEN (7) CALENDAR DAYS OF OBTAINING ACCESS. CONTRACTOR IS RESPONSIBLE FOR CONTACTING ALL LOCAL, REGIONAL, STATE AND FEDERAL AUTHORITIES AND RECEIVING ANY APPLICABLE PERMITS, PRIOR TO CONDUCTING ANY WORK. 4.CONSTRUCTION SITE VEHICLE EXIT LOCATIONS MUST BE INSPECTED FOR EVIDENCE OF OFF-SITE SEDIMENT TRACKING ONTO PAVED SURFACES. TRACKED SEDIMENT MUST BE REMOVED FROM ALL OFF-SITE PAVED SURFACES, WITHIN 24 HOURS OF DISCOVERY, OR IF APPLICABLE, WITHIN A SHORTER TIME TO COMPLY WITH PART 9.11-9.12 OF THE GENERAL PERMIT. 5.CONTRACTOR IS RESPONSIBLE FOR THE OPERATION AND MAINTENANCE OF TEMPORARY AND PERMANENT WATER QUALITY MANAGEMENT BMPS, AS WELL AS ALL EROSION PREVENTION AND SEDIMENT CONTROL BMPS, FOR THE DURATION OF THE CONSTRUCTION WORK AT THE SITE. THE PERMITTEE(S) ARE RESPONSIBLE UNTIL ANOTHER PERMITTEE HAS ASSUMED CONTROL (ACCORDING TO PART 3.1 TO 3.8 OF THE MPCA GENERAL PERMIT) OVER ALL AREAS OF THE SITE THAT HAVE NOT BEEN FINALLY STABILIZED OR THE SITE HAS UNDERGONE FINAL STABILIZATION, AND A (N.O.T.) HAS BEEN SUBMITTED TO THE MPCA. 6.IF SEDIMENT ESCAPES THE CONSTRUCTION SITE, OFF-SITE ACCUMULATIONS OF SEDIMENT MUST BE REMOVED IN A MANNER AND AT A FREQUENCY SUFFICIENT TO MINIMIZE OFF-SITE IMPACTS (E.G., FUGITIVE SEDIMENT IN STREETS COULD BE WASHED INTO STORM SEWERS BY THE NEXT RAIN AND/OR POSE A SAFETY HAZARD TO USERS OF PUBLIC STREETS). 7.ALL INFILTRATION AREAS MUST BE INSPECTED TO ENSURE THAT NO SEDIMENT FROM ONGOING CONSTRUCTION ACTIVITIES IS REACHING THE INFILTRATION AREA AND THESE AREAS ARE PROTECTED FROM COMPACTION DUE TO CONSTRUCTION EQUIPMENT DRIVING ACROSS THE INFILTRATION AREA. 1.CONSTRUCTION SHALL COMPLY WITH ALL APPLICABLE GOVERNING CODES AND BE CONSTRUCTED TO SAME. WHERE A CONFLICT EXISTS BETWEEN LOCAL JURISDICTIONAL STANDARD SPECIFICATIONS AND SAMBATEK STANDARD SPECIFICATIONS, THE MORE STRINGENT SPECIFICATION SHALL APPLY. 2.THE STORMWATER POLLUTION PREVENTION PLAN (SWPPP) IS COMPRISED OF THIS DRAWING (EROSION & SEDIMENTATION CONTROL PLAN-ESC PLAN), THE STANDARD DETAILS, THE PLAN NARRATIVE, AND ITS APPENDICES, PLUS THE PERMIT AND ALL SUBSEQUENT REPORTS AND RELATED DOCUMENTS. 3.CONTRACTOR SHALL BE RESPONSIBLE FOR COMPLETING & SUBMITTING THE APPLICATION FOR THE MPCA GENERAL STORMWATER PERMIT FOR CONSTRUCTION ACTIVITY. ALL CONTRACTORS AND SUBCONTRACTORS INVOLVED WITH STORM WATER POLLUTION PREVENTION SHALL OBTAIN A COPY OF THE SWPPP AND THE STATE OF MINNESOTA NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM GENERAL PERMIT (NPDES PERMIT, ISSUED AUGUST 1, 2018) AND BECOME FAMILIAR WITH THE CONTENTS. THE SWPPP AND ALL OTHER RELATED DOCUMENTS MUST BE KEPT AT THE SITE DURING CONSTRUCTION. 4.CONTRACTOR SHALL IMPLEMENT BEST MANAGEMENT PRACTICES (BMP'S) AS REQUIRED BY THE SWPPP & PERMITS. CONTRACTOR SHALL OVERSEE THE INSPECTION & MAINTENANCE OF THE BMP'S AND EROSION PREVENTION FROM BEGINNING OF CONSTRUCTION AND UNTIL CONSTRUCTION IS COMPLETED, IS APPROVED BY ALL AUTHORITIES, AND THE NOTICE OF TERMINATION (NOT) HAS BEEN FILED WITH THE MPCA BY EITHER THE OWNER OR OPERATOR AS APPROVED ON PERMIT. ADDITIONAL BMP'S SHALL BE IMPLEMENTED AS DICTATED BY CONDITIONS AT NO ADDITIONAL COST TO OWNER THROUGHOUT ALL PHASES OF CONSTRUCTION. 5.CONTRACTOR SHALL COMPLY WITH TRAINING REQUIREMENTS IN PART 21.1-21.3 OF THE GENERAL PERMIT. 6.BMP'S AND CONTROLS SHALL CONFORM TO FEDERAL, STATE, OR LOCAL REQUIREMENTS OR MANUAL OF PRACTICE, AS APPLICABLE. CONTRACTOR SHALL IMPLEMENT ADDITIONAL CONTROLS AS DIRECTED BY PERMITTING AGENCY OR OWNER. 7.ESC PLAN MUST CLEARLY DELINEATE ALL STATE WATERS. PERMITS FOR ANY CONSTRUCTION ACTIVITY IMPACTING STATE WATERS OR REGULATED WETLANDS MUST BE MAINTAINED ON SITE AT ALL TIMES. 8.CONTRACTOR SHALL MINIMIZE CLEARING TO THE MAXIMUM EXTENT PRACTICAL OR AS REQUIRED BY THE GENERAL PERMIT. THE BOUNDARIES OF THE CLEARING LIMITS SHOWN ON THE ESC PLANS SHALL BE CLEARLY DELINEATED (E.G. WITH FLAGS, STAKES, SIGNS, SILT FENCE, ETC.) ON THE DEVELOPMENT SITE BEFORE WORK BEGINS. GROUND DISTURBING ACTIVITIES MUST NOT OCCUR OUTSIDE THE LIMITS OF DISTURBANCE. 9.GENERAL CONTRACTOR SHALL DENOTE ON PLAN THE TEMPORARY PARKING AND STORAGE AREA WHICH SHALL ALSO BE USED AS THE EQUIPMENT MAINTENANCE AND CLEANING AREA, EMPLOYEE PARKING AREA, AND AREA FOR LOCATING PORTABLE FACILITIES, OFFICE TRAILERS, AND TOILET FACILITIES. 10.ALL WASH WATER (CONCRETE TRUCKS, VEHICLE CLEANING, EQUIPMENT CLEANING, ETC.) MUST BE LIMITED TO A DEFINED AREA OF THE SITE AND SHALL BE CONTAINED AND PROPERLY TREATED OR DISPOSED. NO ENGINE DEGREASING IS ALLOWED ON SITE. 11.ALL LIQUID AND SOLID WASTES GENERATED BY CONCRETE WASHOUT OPERATIONS MUST BE CONTAINED IN A LEAK-PROOF CONTAINMENT FACILITY OR IMPERMEABLE LINER. A COMPACTED CLAY LINER IS NOT ACCEPTABLE. THE LIQUID AND SOLID WASTES MUST NOT CONTACT THE GROUND, AND THERE MUST NOT BE RUNOFF FROM THE CONCRETE WASHOUT OPERATIONS OR AREAS. LIQUID AND SOLID WASTES MUST BE DISPOSED OF PROPERLY AND IN COMPLIANCE WITH MPCA REGULATIONS. A SIGN MUST BE INSTALLED ADJACENT TO EACH WASHOUT FACILITY TO INFORM CONCRETE EQUIPMENT OPERATORS TO UTILIZE THE PROPER FACILITIES. SELF-CONTAINED CONCRETE WASHOUTS ON CONCRETE DELIVERY TRUCKS ARE ALLOWED. 12.SUFFICIENT OIL AND GREASE ABSORBING MATERIALS AND FLOTATION BOOMS SHALL BE MAINTAINED ON SITE OR READILY AVAILABLE TO CONTAIN AND CLEAN-UP FUEL OR CHEMICAL SPILLS AND LEAKS. 13.DUST ON THE SITE SHALL BE CONTROLLED. THE USE OF MOTOR OILS AND OTHER PETROLEUM BASED OR TOXIC LIQUIDS FOR DUST SUPPRESSION OPERATIONS IS PROHIBITED. 14.SOLID WASTE: COLLECTED SEDIMENT, ASPHALT & CONCRETE MILLINGS, FLOATING DEBRIS, PAPER, PLASTIC, FABRIC, CONSTRUCTION & DEMOLITION DEBRIS & OTHER WASTES MUST BE DISPOSED OF PROPERLY & MUST COMPLY WITH MPCA DISPOSAL REQUIREMENTS. 15.HAZARDOUS MATERIALS: OIL, GASOLINE, PAINT & ANY HAZARDOUS SUBSTANCES MUST BE PROPERLY STORED, INCLUDING SECONDARY CONTAINMENT, TO PREVENT SPILLS, LEAKS OR OTHER DISCHARGE. RESTRICTED ACCESS TO STORAGE AREAS MUST BE PROVIDED TO PREVENT VANDALISM. STORAGE & DISPOSAL OF HAZARDOUS WASTE MUST BE IN COMPLIANCE WITH MPCA REGULATIONS. 16.ALL STORM WATER POLLUTION PREVENTION MEASURES PRESENTED ON THIS PLAN, AND IN THE SWPPP, SHALL BE INITIATED AS SOON AS PRACTICABLE AND PRIOR TO SOIL DISTURBING ACTIVITIES UPSLOPE. 17.DISTURBED PORTIONS OF THE SITE WHERE CONSTRUCTION ACTIVITY HAS STOPPED SHALL BE TEMPORARILY SEEDED, WITHIN 7 DAYS OF INACTIVITY. SEEDING SHALL BE IN ACCORDANCE WITH MN/DOT SEED MIXTURE NUMBER 21-111 OR 21-112 DEPENDING ON THE SEASON OF PLANTING ( SEE MN/DOT SPECIFICATION SECTION 2575.3) SEEDING METHOD AND APPLICATION RATE SHALL CONFORM TO MN/DOT SPECIFICATION SECTION 2575.3. TEMPORARY MULCH SHALL BE APPLIED IN ACCORDANCE WITH MN/DOT SPECIFICATION SECTION 2575.3F1 AND 2575.3G. ALTERNATIVELY, HYDRAULIC SOIL STABILIZER IN ACCORDANCE WITH MN/DOT SPECIFICATION SECTION 2575.3H MAY BE USED IN PLACE OF TEMPORARY MULCH. 18.DISTURBED PORTIONS OF THE SITE WHERE CONSTRUCTION ACTIVITY HAS PERMANENTLY STOPPED SHALL BE PERMANENTLY STABILIZED. THESE AREAS SHALL BE STABILIZED IN ACCORDANCE WITH THE TIME TABLE DESCRIBED ABOVE. REFER TO THE GRADING PLAN AND/OR LANDSCAPE PLAN FOR VEGETATIVE COVER. 19.CONTRACTORS OR SUBCONTRACTORS WILL BE RESPONSIBLE FOR REMOVING SEDIMENT FROM CONVEYANCES & FROM TEMPORARY SEDIMENTATION BASINS THAT ARE TO BE USED AS PERMANENT WATER QUALITY MANAGEMENT BASINS. SEDIMENT MUST BE STABILIZED TO PREVENT IT FROM BEING WASHED BACK INTO THE BASIN, CONVEYANCES, OR DRAINAGEWAYS DISCHARGING OFF-SITE OR TO SURFACE WATERS. THE CLEANOUT OF PERMANENT BASINS MUST BE SUFFICIENT TO RETURN THE BASIN TO DESIGN CAPACITY. 20.ON-SITE & OFF-SITE SOIL STOCKPILE AND BORROW AREAS SHALL BE PROTECTED FROM EROSION AND SEDIMENTATION THROUGH IMPLEMENTATION OF BMP'S. STOCKPILE AND BORROW AREA LOCATIONS SHALL BE NOTED ON THE SITE MAP AND PERMITTED IN ACCORDANCE WITH GENERAL PERMIT REQUIREMENTS. 21.TEMPORARY SOIL STOCKPILES MUST HAVE SILT FENCE OR OTHER EFFECTIVE SEDIMENT CONTROLS & CANNOT BE PLACED IN SURFACE WATERS, INCLUDING STORMWATER CONVEYANCES SUCH AS CURB & GUTTER SYSTEMS OR CONDUITS & DITCHES. 22.SLOPES SHALL BE LEFT IN A ROUGHENED CONDITION DURING THE GRADING PHASE TO REDUCE RUNOFF VELOCITIES AND EROSION. 23.DUE TO THE GRADE CHANGES DURING THE DEVELOPMENT OF THE PROJECT, CONTRACTOR SHALL BE RESPONSIBLE FOR ADJUSTING THE EROSION CONTROL MEASURES (SILT FENCES, CHECK DAMS, INLET PROTECTION DEVICES, ETC.) TO PREVENT EROSION. 24.ALL CONSTRUCTION SHALL BE STABILIZED AT THE END OF EACH WORKING DAY, THIS INCLUDES BACKFILLING OF TRENCHES FOR UTILITY CONSTRUCTION AND PLACEMENT OF GRAVEL OR BITUMINOUS PAVING FOR ROAD CONSTRUCTION. DEVELOPER/OWNER: XXXXXXX XXXXXXX XXXXXXXX XXX-XXX-XXXX SITE OPERATOR / GENERAL CONTRACTOR SUPERINTENDENT: CROSS BRACE MI N . 15 " 18 " MA X . 2" X 4" STAKE 3' M I N . DROP INLET WITH GRATE 2" X 4" WOOD (TYP.) 5' MIN. SECURELY FASTEN OVERLAPPING ENDS OF SILT FENCE MATERIAL TO ADJACENT STAKES WITH THREE WIRE TIES OR OTHER FASTENERS ATTACH THE WOVEN WIRE FENCE TO EACH POST WITH THREE WIRE TIES OR OTHER FASTENERS (SEE NOTE 1) 1. ATTACH THE WOVEN WIRE FENCE TO EACH POST AND THE GEOTEXTILE TO THE WOVEN WIRE FENCE (SPACED EVERY 30") WITH THREE WIRE TIES OR OTHER FASTENERS, ALL SPACED WITHIN THE TOP 8" OF THE FABRIC. ATTACH EACH TIE DIAGONALLY 45 DEGREES THROUGH THE FABRIC, WITH EACH PUNCTURE AT LEAST 1" VERTICALLY APART. 2. WHEN TWO SECTIONS OF SILT FENCE MATERIAL ADJOIN EACH OTHER, THEY SHALL BE OVERLAPPED ACROSS TWO POSTS. 3. MAINTENANCE SHALL BE PERFORMED AS NOTED IN THE SWPPP. DEPTH OF ACCUMULATED SEDIMENTS MAY NOT EXCEED ONE-HALF THE HEIGHT OF THE FABRIC. MAINTENANCE CLEANOUT MUST BE CONDUCTED REGULARLY TO PREVENT ACCUMULATED SEDIMENTS FROM REACHING ONE-HALF THE HEIGHT OF THE SILT FENCE MATERIAL ABOVE GRADE. 4. ALL SILT FENCE INLETS SHALL INCLUDE WIRE SUPPORT. OVERLAP 5' MIN. SILT FENCE MATERIAL TO BE FASTENED SECURELY TO WOVEN WIRE FENCE WITH THREE TIES SPACED AT 30" ON CENTER (SEE NOTE 1) DEFLECTOR PLATE OVERFLOW 2 - TOP OF CURB BOX OVERFLOW 1 - CENTER OF FILTER ASSEMBLY 10" FILTER ASSEMBLY CURB CG 3067 HIGH-FLOW FABRIC MIRAFI FF101 ROAD DRAIN CASTING APPLICABILTY ·NEENAH R-3067 ·NEENAH R-3512 NOT TO SCALE 8' X 8' MIN OR AS REQUIRED TO CONTAIN WASTE CONCRETE SIGN TO INDICATE THE LOCATION OF THE CONCRETE WASHOUT AREA 2'-0" MIN BERM AROUND PERIMETER GROUND SURFACE 12" MIN 12" MIN COMPACTED EMBANKMENT MATERIAL (TYP.)3:1 OR FLATTER SIDE SLOPES NOTES: 1.CONCRETE WASHOUT AREA SHALL BE INSTALLED PRIOR TO ANY CONCRETE PLACEMENT ON SITE. 2.CONCRETE WASHOUT AREA SHALL BE LINED WITH MINIMUM 10 MIL THICK PLASTIC LINER. 3.VEHICLE TRACKING CONTROL IS REQUIRED IF ACCESS TO CONCRETE WASHOUT AREA IS OFF PAVEMENT. 4.SIGNS SHALL BE PLACED AT THE CONSTRUCTION ENTRANCE, AT THE WASHOUT AREA, AND ELSEWHERE AS NECESSARY TO CLEARLY INDICATE THE LOCATION OF THE CONCRETE WASHOUT AREA TO OPERATORS OF CONCRETE TRUCKS AND PUMP RIGS. 5.THE CONCRETE WASHOUT AREA SHALL BE REPAIRED AND ENLARGED OR CLEANED OUT AS NECESSARY TO MAINTAIN CAPACITY FOR WASTED CONCRETE. 6.AT THE END OF CONSTRUCTION, ALL CONCRETE SHALL BE REMOVED FROM THE SITE AND DISPOSED OF AT AN ACCEPTED WASTE SITE. 7.WHEN THE CONCRETE WASHOUT AREA IS REMOVED, THE DISTURBED AREA SHALL BE SEEDED AND MULCHED OR OTHERWISE STABILIZED IN A MANNER ACCEPTED BY THE CITY. WOVEN WIRE FENCE WITH SILT FENCE MATERIAL COVER EXTEND WIRE FENCE A MIN. OF 3" INTO GROUND EXTEND SILT FENCE MATERIAL A MIN. OF 1'-0" INTO GROUND EROSION & SEDIMENTATION CONTROL NOTES & DETAILS / "SITE MAP" SITE LOCATION MAP NOT TO SCALE USGS MAP GENERAL EROSION NOTES: NOT TO SCALE CONCRETE WASHOUT AREA ROAD DRAIN INLET PROTECTION (IP-2)SILT FENCE INLET PROTECTION (IP-1) NOT TO SCALE POSTS: 2 X 4 WOODEN STAKE FENCE: WOVEN WIRE, 14-1/2 GA., 6" MAX. MESH OPENING FABRIC: IN ACCORDANCE WITH ASTM D 6461 LATEST EDITION. NOT TO SCALE PHASE I: 1.INSTALL STABILIZED CONSTRUCTION ENTRANCES. 2.PREPARE TEMPORARY PARKING AND STORAGE AREA. 3.CONSTRUCT THE SILT FENCES ON THE SITE. 4. INSTALL INLET PROTECTION DEVICES ON EXISTING STORM STRUCTURES, AS SHOWN ON THE PLAN. 5.CONSTRUCT THE SEDIMENTATION AND SEDIMENT TRAP BASINS, AS REQUIRED. 6. HALT ALL ACTIVITIES AND CONTACT THE CIVIL ENGINEERING CONSULTANT TO PERFORM INSPECTION OF BMPs. GENERAL CONTRACTOR SHALL SCHEDULE AND CONDUCT STORM WATER PRE-CONSTRUCTION MEETING WITH ENGINEER AND ALL GROUND DISTURBING CONTRACTORS BEFORE PROCEEDING WITH CONSTRUCTION. 7. CLEAR AND GRUB THE SITE. 8. BEGIN GRADING THE SITE. 9. START CONSTRUCTION OF BUILDING PAD AND STRUCTURES. PHASE II: 1.TEMPORARILY SEED DENUDED AREAS. 2.INSTALL UTILITIES, UNDERDRAINS, STORM SEWERS, CURBS AND GUTTERS. 3.INSTALL RIP RAP AROUND OUTLET STRUCTURES. 4.INSTALL INLET PROTECTION AROUND ALL STORM SEWER STRUCTURES. 5.PREPARE SITE FOR PAVING. 6.PAVE SITE. 7.INSTALL INLET PROTECTION DEVICES. 8.COMPLETE GRADING AND INSTALL PERMANENT SEEDING AND PLANTING. 9.REMOVE ALL TEMPORARY EROSION AND SEDIMENT CONTROL DEVICES (ONLY IF SITE IS STABILIZED), IF REQUIRED BY THE CONTRACT AREA SUMMARY IN ACRES PAVEMENT AREA 0.0 AC± BUILDING AREA 0.0 AC± SEEDED AREA 0.0 AC± TOTAL DISTURBED 0.0 AC± PRE - CONSTRUCTION IMPERVIOUS 0.0 AC± POST - CONSTRUCTION IMPERVIOUS 0.0 AC± SEQUENCE OF CONSTRUCTIONFRAME MAINTENANCE NOTES: FOR USE ONLY IN PAVED AREAS WHERE SEDIMENT LOADS ARE EXPECTED TO BE VERY LOW. FILTER SACK MUST HAVE OVERFLOW HOLES TO PREVENT PONDING. N.T.S. INLET PROTECTION FILTER SACK (IP-3) PUB L I C R O A D HAR D S U R F A C E MI N 0 . 5 % G R A D E 20' M I N I M U M 50' M I N I M U M MINIMUM 0.5% GRADE DOWN FROM PUBLIC STREET GEOTEXTILE UNDERLINER 4"- 6" DIAMETER CLEAN STONE 10" MINIMUM N.T.S. TEMPORARY STONE CONSTRUCTION EXIT GEOTEXTILE BAG OVERFLOW HOLES LOOPS SIZED FOR 1" REBAR. USE REBAR FOR A HANDLE TO EMPTY FILTER SACK AT A SEDIMENT COLLECTION LOCATION. LOOPS SIZED FOR RECTANGULAR BAR 2"X1/4". LIFT FILTER BAG FROM INLET USING RECTANGULAR BAR FOR HANDLES. 2"X2"X3/4" RUBBER BLOCK (TYP) (FILTER SACK INSTALLED) FRAME TO HOLD FILTER BAG IN PLACE 1/4" BRIGHTLY COLORED NYLON ROPE EXPANSION RESTRAINT ISOMETRIC VIEW SECTION VIEW SECURE RECTANGULAR BAR TO OR UNDER SURROUNDING SURFACE. 1/4" BRIGHTLY COLORED NYLON ROPE EXPANSION RESTRAINT FINISH GRADE NOTES: 1.GEOTEXTILE SHALL BE A WOVEN POLYPROPYLENE FABRIC THAT MEETS OR EXCEEDS REQUIREMENTS IN THE SPECIFICATIONS TABLE. 2.PLACE AN OIL ABSORBENT PAD OR PILLOW OVER INLET GRATE WHEN OIL SPILLS ARE A CONCERN. 3.THE WIDTH, "W", OF THE FILTER SACK SHALL MATCH THE INSIDE WIDTH OF THE GRATED INLET BOX. 4.THE DEPTH, "D", OF THE FILTER SACK SHALL BE BETWEEN 18 INCHES AND 36 INCHES. 5.THE LENGTH, "L", OF THE FILTER SACK SHALL MATCH THE INSIDE LENGTH OF THE GRATED INLET BOX. D H MAINTENANCE NOTES: 1.INLET PROTECTION DEVICES MUST BE INSPECTED FOR SEDIMENT ACCUMULATION WITHIN THE CATCH BASIN. REMOVE TRAPPED SEDIMENT WHEN BRIGHTLY COLORED EXPANSION RESTRAINT CAN NO LONGER BE SEEN. 2.REMOVAL OF SEDIMENT ACCUMULATED IN OR ADJACENT TO A STORM DRAIN INLET MUST BEGIN IMMEDIATELY UPON DISCOVERY, WITH COMPLETION OF THE ACTIVITY OCCURRING NO LATER THAN THE END OF THE FOLLOWING BUSINESS DAY. 3.INLET PROTECTION DEVICES SHALL BE INSPECTED FOR UNINTENDED BYPASS OR IMPROPER FLOW-RATES THAT MAY CAUSE DOWNSTREAM FLOODING. 4.CONTACT THE CEC FOR ALTERNATE INLET PROTECTION IF THE DESIGNED PROTECTION MAY IMPACT DOWNSTREAM BMPS, ADJACENT SLOPES, ETC., DUE TO PONDING ISSUES. ENSURE THAT NO UNDERMINING OF INLET PROTECTION DEVICES HAS OCCURRED. 5.INLET PROTECTION DEVICES AND BARRIERS SHALL BE REPAIRED OR REPLACED IF THEY SHOW SIGNS OF UNDERMINING OR DETERIORATION. INLET GRATE SITE 12 LUCE L I N E S T A T E T R A I L O R O N O O R C H A R D R D SITE Jul 22, 2020 - 11:36am - User:Csyverson L:\PROJECTS\20658.03\CAD\Civil\Sheets\20658.03-C5-EROS.dwg C5.04 SWPPP NARRATIVE Project Location Date Submittal / RevisionNo. Certification Sheet Title Summary Revision History Sheet No.Revision Project No. By Designed:Drawn: Approved:Book / Page: Phase:Initial Issue: Client GORDON JAMES CONSTRUCTION 5159 MAIN STREET SUITE 200 MAPLE PLAIN, MN 55359 ORCHARD HILL OF ORONO ORONO, MN JEB CJS ETL PRELIMINARY 04/22/2020 20658.03 Registration No.Date: I hereby certify that this plan, specification or report was prepared by me or under my direct supervision and that I am a duly licensed professional ENGINEER under the laws of the state of Minnesota. If applicable, contact us for a wet signed copy of this plan which is available upon request at Sambatek's, Minnetonka, MN office. 04/22/202050475 Eric T. Luth 04/22/20 City Submittal 05/01/20 MCWD Submittal 05/04/20 City Resubmittal 07/22/20 City Resubmittal SECTION 1: SITE EVALUATION, ASSESSMENT, AND PLANNING 1.1 PROJECT/SITE INFORMATION ORCHARD HILL ORONO ORCHARD ROAD N CITY: ORONO STATE: MN ZIP CODE: 55356 COUNTY: HENNEPIN THIS SWPPP ADDRESSES THE STORMWATER MANAGEMENT FOR THE ORCHARD HILL PROHECT WITH IS PART OF AN OVERALL PLAN OF DEVELOPMENT OF 39.4 ACRES. THE DEVELOPMENT PLAN CONSISTS OF CREATING 5 LOTS WITH CUSTOM BUILT HOMES AND A PRIVATE ROADWAY WITH A CUL-DE-SAC TO SERVE THOSE 5 LOTS. NPDES PERMIT NUMBER: 1.2 CONTACT INFORMATION/RESPONSIBLE PARTIES COMPANY/ORGANIZATION NAME: CONTACT NAME: ADDRESS: CITY, STATE, ZIP CODE: TELEPHONE NUMBER: FAX/EMAIL: GENERAL CONTRACTOR (TO BE COMPLETED BY GENERAL CONTRACTOR): COMPANY/ORGANIZATION NAME: CONTACT NAME: ADDRESS: CITY, STATE, ZIP CODE: TELEPHONE NUMBER: FAX/EMAIL: INSERT AREA OF CONTROL (IF MORE THAN ONE OPERATOR AT SITE): THE GENERAL CONTRACTOR SHALL COMPLY WITH THE REQUIREMENTS OF THE MINNESOTA GENERAL PERMIT AUTHORIZATION TO DISCHARGE STORM WATER ASSOCIATED WITH CONSTRUCTION ACTIVITY UNDER THE NATIONAL POLLUTION DISCHARGE ELIMINATION SYSTEM/STATE DISPOSAL SYSTEM PERMIT PROGRAM (GENERAL PERMIT). THE GENERAL CONTRACTOR MUST COMPLY WITH ANY LOCAL GOVERNING AGENCY (LGU) HAVING JURISDICTION CONCERNING EROSION AND SEDIMENT CONTROL. THE GENERAL CONTRACTOR SHALL BE REQUIRED TO BE A CO-APPLICANT WITH THE OWNER. THE GENERAL CONTRACTOR SHALL BE RESPONSIBLE FOR MAINTENANCE OF THE EROSION AND SEDIMENT CONTROL DEVICES. THE “APPLICATION FOR GENERAL STORM-WATER PERMIT FOR CONSTRUCTION ACTIVITY (MN R100001)” SHALL BE COMPLETED BY THE GENERAL CONTRACTOR AND SUBMITTED ONLINE, ALONG WITH THE REQUIRED APPLICATION FEE, THROUGH THE MPCA'S WEBSITE. UNLESS NOTIFIED BY THE MINNESOTA POLLUTION CONTROL AGENCY (MPCA) TO THE CONTRARY, APPLICANTS WHO SUBMIT A COMPLETE APPLICATION FORM IN ACCORDANCE WITH THE REQUIREMENTS OF THE GENERAL PERMIT ARE AUTHORIZED TO DISCHARGE STORM WATER FROM THE CONSTRUCTION SITE UNDER THE TERMS AND CONDITIONS OF THIS PERMIT SEVEN (7) CALENDAR DAYS THE ONLINE APPLICATION PROCESS IS COMPLETE(HTTPS://NETWEB.PCA.STATE.MN.US/PRIVATE/). (NOTE: ALL PROJECTS UNDER 50 ACRES MUST SUBMIT THE PERMIT APPLICATION USING THE ONLINE PROCESS. MAILED APPLICATIONS ARE ONLY ACCEPTED FOR PROJECTS THAT DISTURB 50 OR MORE ACRES, AND HAVE A DISCHARGE POINT WITHIN 1 MILE OF A PROTECTED WATER.) ADDITIONALLY, AUTHORIZATION WILL BE DELAYED UNDER THE FOLLOWING CIRCUMSTANCES: ·IF THE PROJECT DISTURBS 50 ACRES OR MORE AND HAS A DISCHARGE POINT WITHIN 1 MILE AND FLOWS TO AN IMPAIRED OR SPECIAL WATER WHOSE DISCHARGE MAY REACH AN IMPAIRED OR SPECIAL WATER LISTED IN SECTION 23 OF THE GENERAL PERMIT THE APPLICANT SHALL SUBMIT THE STORM WATER POLLUTION PREVENTION PLAN AND A COMPLETED APPLICATION AT LEAST 30 CALENDAR DAYS PRIOR TO THE COMMENCEMENT OF CONSTRUCTION ACTIVITIES. UNLESS NOTIFIED BY THE MPCA TO THE CONTRARY, COVERAGE BECOMES EFFECTIVE 30 CALENDAR DAYS AFTER THE POSTMARKED DATE OF THE COMPLETED APPLICATION. ·IF THE PROJECT INCLUDES ALTERNATIVE METHODS THE APPLICATION AND TWO ALTERNATIVE TREATMENT PLANS MUST BE SUBMITTED A MINIMUM OF 90 DAY BEFORE CONSTRUCTION STARTS. EROSION & SEDIMENT CONTROL SUBCONTRACTOR (RESPONSIBLE FOR IMPLEMENTING & UPDATING SWPPP - TO BE COMPLETED BY CONTRACTOR): COMPANY/ORGANIZATION NAME: CONTACT NAME: ADDRESS: CITY, STATE, ZIP CODE: TELEPHONE NUMBER: FAX/EMAIL: EROSION & SEDIMENT CONTROL INSPECTOR (SEE PART 6.1 OF THIS SWPPP FOR MORE INFORMATION ON INSPECTION RESPONSIBILITIES- TO BE COMPLETED BY CONTRACTOR): COMPANY/ORGANIZATION NAME: CONTACT NAME: ADDRESS: CITY, STATE, ZIP CODE: TELEPHONE NUMBER: FAX/EMAIL: GROUND DISTURBING SUBCONTRACTOR(S): COMPANY/ORGANIZATION NAME: CONTACT NAME: ADDRESS: CITY, STATE, ZIP CODE: TELEPHONE NUMBER: FAX/EMAIL: THE GENERAL CONTRACTOR SHALL PROVIDE A CHAIN OF RESPONSIBILITY WITH ALL OPERATORS ON THE SITE TO ENSURE THAT THE SWPPP WILL BE IMPLEMENTED AND STAY IN EFFECT UNTIL THE CONSTRUCTION PROJECT IS COMPLETE AND THE NOT SUBMITTED. THIS SWPPP WAS PREPARED BY: COMPANY/ORGANIZATION NAME: CONTACT NAME: ADDRESS: CITY, STATE, ZIP CODE: TELEPHONE NUMBER: FAX/EMAIL: SWPPP DESIGNER CERTIFICATION CARD: 1.3 NATURE OF CONSTRUCTION ACTIVITY NATURE OF CONSTRUCTION: THIS SWPPP HAS BEEN PREPARED FOR MAJOR ACTIVITIES ASSOCIATED WITH CONSTRUCTION OF 5 CUSTOM HOMES, PRIVATE DRIVE, AND STORMWATER BMP'S TOI SERVICE THE COMMUNITY WITHIN THE ORCHARD HILLS DEVELOPMENT IN ORONO, MN. ANTICIPATED APPROXIMATE TIMELINES: ESTIMATED PROJECT START DATE: 09/30/20 ESTIMATED PROJECT COMPLETION DATE:09/30/22 1.4 SOILS, SLOPES, VEGETATION, AND CURRENT DRAINAGE PATTERNS SOIL TYPE(S): THE NRCS WEB SOIL SURVEY INDICATES THAT SOILS ON SITE VARY. THE MAJORITY OF THE SITE CONSISTS OF HSG B/D SOILS AND HSG C SOILS. THESE SOILS HAVE LOW INFILTRATION RATES. IT IS ASSUMED AT THIS TIME THAT INFILTRATION WILL BE FEASIBLE ON SITE. SLOPES: (DESCRIBE THE EXISTING TOPOGRAPHY ON THE SITE. DESCRIBE HOW THAT TOPOGRAPHY WILL BE IMPACTED BY GRADING ACTIVITIES) DRAINAGE PATTERNS: THE EXISTING SITE GENERALLY DRAINS OVERLAND OUTWARD FROM THE CENTER OF THE SITE. A PORTION OF THE RUNOFF IS DIRECTED INTO THE SW WETLAND , SE WETLAND AND INTO LONG LAKE CREEK. EXISTING DRAINAGE PATTERNS WILL BE MAINTAINED WITH THE PROPOSED PROJECT. VEGETATION: THE EXISTING SITE IS MOSTLY UNDEVELOPED LAND WITH GRASS COVER, WETLANDS, AND HEAVY WOODS. RAINFALL INFORMATION: RAINFALL INFORMATION - THE AVERAGE TOTAL ANNUAL PRECIPITATION IS ABOUT 28.32 INCHES. OF THIS ABOUT 17.31 INCHES, OR 61 PERCENT, USUALLY FALLS IN MAY THROUGH SEPTEMBER. THE AVERAGE ANNUAL SNOWFALL IS 57.3 INCHES. 1.5 CONSTRUCTION SITE ESTIMATES PROJECT AREA SUMMARY: TOTAL PROJECT AREA: 39.4 ACRES CONSTRUCTION SITE AREA TO BE DISTURBED: 1.28 ACRES IMPERVIOUS AREAS: IMPERVIOUS AREA BEFORE CONSTRUCTION (ACRES): 0.77 IMPERVIOUS AREA AFTER CONSTRUCTION (ACRES): 0.50 1.6 RECEIVING WATERS DESCRIPTION OF RECEIVING WATERS: A PORTION OF THE SITE DRAINS TO TWO EXISTING WETLANDS AND LONG LAKE CREEK. LONG LAKE CREEK IS CONSIDERED AN IMPAIRED STREAM AND DRAINS INTO TANAGER LAKE WHICH IS ALSO AN IMPAIRED WATER. THE STREAM IMPAIRMENT IS DISSOLVED OXYGEN AND THE LAKE IMPAIRMENT IS NUTRIENTS. THESE IMPAIRMENT (S) ARE CONSIDERED TO BE CONSTRUCTION RELATED PARAMETERS AND REQUIRE THE ADDITIONAL BEST MANAGEMENT PRACTICES. 1.7 SITE FEATURES AND SENSITIVE AREAS TO BE PROTECTED CONTRACTOR SHOULD TAKE TAKE CARE TO PROTECT THE EXISTING WETLAND, WETLAND BUFFERS, SIGNIFICANT TREES, AND LONG LAKE CREEK AS MUCH AS POSSIBLE DURING CONSTRUCTION AND CONSTRUCT THE APPROPRIATE BMP'S TO KEEP SEDIMENT OUT OF THE WETLAND. 1.8 POTENTIAL SOURCES OF POLLUTION POTENTIAL SOURCES OF SEDIMENT AND OTHER POLLUTANTS TO STORMWATER RUNOFF: CONSTRUCTION PHASE POLLUTANT SOURCES ANTICIPATED AT THE SITE ARE DISTURBED (BARE) SOIL, VEHICLE FUELS AND LUBRICANTS, CHEMICALS ASSOCIATED WITH BUILDING CONSTRUCTION, AND BUILDING MATERIALS. WITHOUT ADEQUATE CONTROL THERE IS THE POTENTIAL FOR EACH TYPE OF POLLUTANT TO BE TRANSPORTED BY STORM WATER. 1.9 ENDANGERED/THREATENED SPECIES THERE ARE NO KNOWN THREATENED OR ENDANGERED SPECIES ARE PRESENT ON SITE. 1.10 HISTORIC PRESERVATION THERE ARE NO KNOWN HISTORIC SITES ON OR NEAR THE CONSTRUCTION SITE. 1.11 APPLICABLE FEDERAL, TRIBAL, STATE OR LOCAL PROGRAMS LOCAL GOVERNING UNIT (LGU) REQUIREMENTS: THE MINNEHAHA CREEK WATERSHED DISTRICT (MCWD) IS THE LOCAL GOVERNING UNIT (LGU) AND HAS PERMITTING AUTHORITY OF THE SITE. THE WATERSHED REQUIREMENTS FOR REDEVELOPMENT ARE AS FOLLOWS: RATE CONTROL FOR THE 1, 10, AND 100 YEAR RAINFALL EVENTS, INFILTRATION OF THE FIRST 1.0 INCH OF RUNOFF FROM IMPERVIOUS SURFACES, AND TOTAL PHOSPHORUS REMOVAL EQUIVALENT INFILTRATION REQUIREMENT. 1.12 MITIGATION MEASURES FROM ENVIRONMENTAL REVIEWS/TMDLS/IMPAIRED WATERS 1.13 MAPS EROSION AND SEDIMENT CONTROL PLANS: THE FOLLOWING SITE DEVELOPMENT PLAN SHEETS ARE AN INTEGRAL PART OF THIS SWPPP: C-5.01- PHASE I EROSION AND SEDIMENTATION CONTROL PLAN C-5.02 - PHASE II EROSION AND SEDIMENTATION CONTROL PLAN C-5.03 - EROSION AND SEDIMENTATION CONTROL DETAILS & NOTES C-5.04 - SWPPP NARRATIVE C-5.05 - SWPPP NARRATIVE SECTION 2: EROSION AND SEDIMENT CONTROL BMPS EROSION CONTROL BMPS: THE PURPOSE OF EROSION CONTROL IS TO PREVENT SOIL PARTICLES FROM BECOMING SUSPENDED IN WATER AND BEING TRANSPORTED TO EITHER DOWNSTREAM SURFACE WATERS OR DOWNSTREAM PROPERTIES. APPROPRIATE CONSTRUCTION PHASING, VEGETATIVE BUFFER STRIPS, HORIZONTAL SLOPE GRADING, AND OTHER CONSTRUCTION PRACTICES THAT MINIMIZE EROSION MUST BE PLANNED FOR AND IMPLEMENTED. IN THE NATURAL CONDITION, SOIL IS STABILIZED BY NATIVE VEGETATION. THE PRIMARY TECHNIQUE TO BE USED AT THIS PROJECT FOR FINAL STABILIZATION OF SITE SOIL WILL BE TO PROVIDE A PROTECTIVE COVER OF VEGETATION, PAVEMENT, OR BUILDING. ALL EXPOSED AREAS MUST BE STABILIZED AS SOON AS POSSIBLE (BUT NO LATER THAN THE NEXT WORK DAY) TO LIMIT SOIL EROSION, BUT IN NO CASE LATER THAN 14 DAYS. AFTER THE CONSTRUCTION ACTIVITY IN THAT PORTION OF THE SITE HAS TEMPORARILY OR PERMANENTLY CEASED. TEMPORARY SOIL STOCKPILES WITHOUT SIGNIFICANT SILT, CLAY OR ORGANIC COMPONENTS (E.G. CLEAN AGGREGATED STOCKPILES, DEMOLITION CONCRETE STOCKPILES, SAND STOCKPILES) AND THE CONSTRUCTED BASE COMPONENTS OF ROADS, PARKING LOTS AND SIMILAR SURFACES ARE EXEMPT FROM THIS REQUIREMENT, BUT MUST COMPLY WITH SECTION 2.7 OF THIS SWPPP (SECTION 8.4, 9.9, 9.10, AND 23.9 OF THE GENERAL PERMIT). SEDIMENT CONTROL BMPS: THE PURPOSE OF SEDIMENT CONTROL IS TO PREVENT SOIL PARTICLES THAT HAVE BEEN SUSPENDED IN WATER FROM ENTERING SURFACE WATERS, INCLUDING CURB AND GUTTER SYSTEMS AND STORM SEWER INLETS. SEDIMENT CONTROL BMPS HAVE BEEN DESIGNED AS PART OF THIS SWPPP. IF THE DOWN GRADIENT TREATMENT SYSTEM IS OVERLOADED, THE CONTRACTOR IS RESPONSIBLE FOR IMPLEMENTING ADDITIONAL UP GRADIENT SEDIMENT CONTROL PRACTICES OR REDUNDANT BMPS TO ELIMINATE THE OVERLOADING AND MUST AMEND THE SWPPP TO IDENTIFY THE ADDITIONAL PRACTICES. SEDIMENT CONTROL PRACTICES MUST ALWAYS BE ESTABLISHED ON ALL DOWN GRADIENT PERIMETERS AND BE LOCATED UPGRADIENT OF ANY BUFFER ZONES. THE PERIMETER SEDIMENT CONTROL PRACTICES MUST BE IN PLACE BEFORE ANY UP GRADIENT LAND DISTURBING ACTIVITIES BEGIN. THESE PRACTICES MUST REMAIN IN PLACE UNTIL FINAL STABILIZATION IS ACHIEVED (SEE SECTION 8 OF THIS SWPPP). THE TIMING OF THE INSTALLATION OF SEDIMENT CONTROL PRACTICES MAY BE ADJUSTED TO ACCOMMODATE SHORT-TERM ACTIVITIES SUCH AS CLEARING OR GRUBBING, OR PASSAGE OF VEHICLES. ANY SHORT TERM ACTIVITY MUST BE COMPLETED AS QUICKLY AS POSSIBLE AND THE SEDIMENT CONTROL PRACTICES MUST BE RE-INSTALLED IMMEDIATELY AFTER THE ACTIVITY IS COMPLETED. SEDIMENT CONTROL PRACTICES MUST BE INSTALLED BEFORE THE NEXT RAIN EVENT EVEN IF THE ACTIVITY IS NOT COMPLETE. 2.1 MINIMIZE DISTURBED AREA AND PROTECT NATURAL FEATURES AND SOIL THE WETLANDS ON SITE SHALL BE PROTECTED FROM ANY UNNECESSARY DISTURBANCE. THE CONTRACTOR SHALL PROTECT THE WETLAND AREA WITH SILT FENCE AS INDICATED BY THE PLANS SHALL ONLY GRADE THE REQUIRED AREAS. CONSTRUCTION TRAFFIC SHALL AVOID THE WETLAND AREAS MUCH AS POSSIBLE. CONTRACTOR SHALL MINIMIZE SOIL COMPACTION AND PRESERVE TOPSOIL ON SITE. 2.2 PRESERVE 50 FOOT NATURAL BUFFER THE CONTRACTOR MUST PRESERVE A 50 FOOT NATURAL BUFFER (OR IF A BUFFER IS INFEASIBLE ON THE SITE PROVIDE REDUNDANT SEDIMENT CONTROLS) WHEN A SURFACE WATER IS LOCATED WITHIN 50 FEET OF THE PROJECTS EARTH DISTURBANCES AND STORMWATER FLOWS TO THE SURFACE WATER. THE CONTRACTOR IS NOT REQUIRED TO ENHANCE THE QUALITY OF THE VEGETATION THAT ALREADY EXISTS IN THE BUFFER OR PROVIDE VEGETATION IF NONE EXISTS. 2.3 CONTROL STORMWATER FLOWING ONTO AND THROUGH THE PROJECT MEASURES SHOULD BE TAKEN TO ENSURE THAT “CLEAN” RUNOFF FROM OFF SITE IS DIVERTED AROUND DISTURBED AREAS ON SITE. CARE SHOULD BE TAKEN THAT RE-ROUTING OFF SITE RUNOFF DOES NOT RESULT IN FLOODING OR OTHER ISSUES ON ADJACENT PROPERTIES. BMP DESCRIPTION: TEMPORARY DIVERSION DITCH INSTALLATION SCHEDULE: INSTALL TEMPORARY DIVERSION DITCHES AS SHOWN ON THE SWPPP PLAN SHEETS, AND AS NEEDED THROUGHOUT CONSTRUCTION, PRIOR TO UP GRADIENT GROUND DISTURBING ACTIVITIES MAINTENANCE AND INSPECTION REQUIREMENTS: THE WETTED PERIMETER OF ANY TEMPORARY OR PERMANENT DRAINAGE DITCH MUST BE STABILIZED WITHIN 200 LINEAL FEET FROM THE PROPERTY EDGE OR FROM THE POINT OF DISCHARGE INTO ANY SURFACE WATER. THIS STABILIZATION MUST BE COMPLETED WITHIN 24 HOURS OF CONNECTING TO A SURFACE WATER. THE REMAINDER OF THE DITCH MUST BE STABILIZED WITHIN 7 DAYS OF CONNECTING TO A SURFACE WATER AND AFTER CONSTRUCTION HAS CEASED. TEMPORARY OR PERMANENT DITCHES THAT ARE BEING USED AS A SEDIMENT CONTAINMENT SYSTEM DO NOT NEED TO BE STABILIZED, BUT MUST BE STABILIZED WITHIN 24 HOURS AFTER NO LONGER BEING USED AS A SEDIMENT CONTAINMENT SYSTEM. DITCHES MUST BE INSPECTED EVERY 7 DAYS, AND WITHIN 24 HOURS AFTER A 0.5” 24-HOUR RAIN EVENT. ANY SEDIMENT DEPOSITED IN DIVERSION DITCHES MUST BE REMOVED AND ANY EXPOSED SOILS STABILIZED WITHIN 7 DAYS OF DISCOVERY UNLESS PRECLUDED BY LEGAL, REGULATORY, OR PHYSICAL ACCESS CONSTRAINTS. IF PRECLUDED, NOTE REASON FOR DELAY ON MAINTENANCE LOG. RESPONSIBLE STAFF (CONTRACTOR TO COMPLETE): 2.4 STABILIZE SOILS 1.TEMPORARY SEEDING - DISTURBED AREAS THAT ARE NOT YET AT FINAL GRADE BUT THAT WILL NOT BE ACTIVELY WORKED FOR 7 DAYS OR MORE MUST BE TEMPORARILY STABILIZED. TEMPORARY STABILIZATION MUST BE INITIATED IMMEDIATELY WHERE WORK HAS TEMPORARILY CEASED AND MUST BE COMPLETED NO LATER THAN 7 CALENDAR DAYS AFTER WORK IN THAT PORTION OF THE SITE HAS TEMPORARILY CEASED. TEMPORARY SEEDING SHALL BE IN ACCORDANCE WITH MN/DOT SEED MIXTURE NUMBER 21-111 OR 21-112 DEPENDING ON THE SEASON OF PLANTING (SEE MN/DOT SPECIFICATION SECTION 2575.3) SEEDING METHOD AND APPLICATION RATE SHALL CONFORM TO MN/DOT SPECIFICATION SECTION 2575.3. TEMPORARY MULCH SHALL BE APPLIED IN ACCORDANCE WITH MN/DOT SPECIFICATION SECTION 2575.3C. ALTERNATIVELY, HYDRAULIC SOIL STABILIZER IN ACCORDANCE WITH MN/DOT SPECIFICATION SECTION 2575.3E MAY BE USED IN PLACE OF TEMPORARY MULCH. 2.PERMANENT STABILIZATION - ALL AREAS AT FINAL GRADE MUST BE STABILIZED WITHIN 7 DAYS AFTER COMPLETION OF THE MAJOR CONSTRUCTION ACTIVITY. PERMANENT STABILIZATION MUST BE INITIATED IMMEDIATELY WERE WORK HAS PERMANENTLY CEASED AND MUST BE COMPLETED NO LATER THAN 7 CALENDAR DAYS AFTER CONSTRUCTION ACTIVITY IN THAT PORTION OF THE SITE HAS PERMANENTLY CEASED. SEEDED AREAS SHALL BE PROTECTED WITH MULCH. PERMANENT MULCH SHALL CONFORM TO MN/DOT SPECIFICATION 3882, TYPE 3 AT 2 TONS/ACRE AND SHALL BE DISK ANCHORED. HYDRAULIC SOIL STABILIZER MAY BE USED IN PLACE OF MULCH IF APPROVED BY CIVIL ENGINEER. IF HYDRAULIC SOIL STABILIZER IS USED, IT SHALL BE MN/DOT TYPE 6. 2.5 PROTECT SLOPES STEEP SLOPE AREAS - THE CONTRACTOR MUST MINIMIZE THE NEED FOR DISTURBANCE OF PORTIONS OF THE PROJECT THAT HAVE STEEP SLOPES (3:1 OR STEEPER). FOR THOSE SLOPED AREAS WHICH MUST BE DISTURBED, THE CONTRACTOR MUST USE TECHNIQUES SUCH AS PHASING AND STABILIZATION PRACTICES DESIGNED FOR STEEP SLOPES, SUCH AS DRAINING AND TERRACING. SLOPES STEEPER THAN 3:1 MUST BE PROTECTED BY EROSION CONTROL BLANKETS. BMP DESCRIPTION: EROSION CONTROL BLANKET INSTALLATION SCHEDULE: INSTALL EROSION CONTROL BLANKETS AS SHOWN ON THE SWPPP PLAN SHEETS, AND AS NEEDED THROUGHOUT CONSTRUCTION, WITHIN THE TIMEFRAME ALLOWED FOR STABILIZATION AFTER WORK HAS CEASED IN AN AREA, DEPENDING ON THE LOCATION (I.E. 24 HOURS, 7 DAYS, 14 DAYS) MAINTENANCE AND INSPECTION REQUIREMENTS: TO FUNCTION PROPERLY, EROSION CONTROL BLANKETS MUST BE IN CONTACT WITH THE SOIL BENEATH THE BLANKET. BLANKETS MUST BE SECURED PER THE CONSTRUCTION DETAIL PROVIDED WITH THE SWPPP PLAN SHEETS. INSPECT BLANKETS EVERY 7 DAYS OR WITHIN 24 HOURS AFTER A 0.5” 24-HOUR RAIN EVENT. REPAIR, REPLACE, OR SUPPLEMENT NON-FUNCTIONAL BLANKETS WITHIN 3 DAYS OR BY THE NEXT RAIN EVENT, WHICHEVER COMES FIRST. RESPONSIBLE STAFF (CONTRACTOR TO COMPLETE): 2.6 PROTECT STORM DRAIN INLETS ALL STORM DRAIN INLETS MUST BE PROTECTED BY APPROPRIATE MEANS DURING CONSTRUCTION UNTIL ALL SOURCES WITH POTENTIAL FOR DISCHARGING TO THE INLET HAVE BEEN STABILIZED. INLET PROTECTION MAY BE REMOVED FOR A PARTICULAR INLET IF A SPECIFIC SAFETY CONCERN (STREET FLOODING/FREEZING) HAS BEEN IDENTIFIED AND PERMITTEE(S) HAVE RECEIVED WRITTEN CORRESPONDENCE FROM THE JURISDICTIONAL AUTHORITY (E.G. CITY/COUNTY/TOWNSHIP/MNDOT/ETC.) VERIFYING THE NEED FOR REMOVAL. THE WRITTEN CORRESPONDENCE MUST BE DOCUMENTED IN THIS SWPPP. BMP DESCRIPTION: SILT FENCE INLET PROTECTION INSTALLATION SCHEDULE: INSTALL INLET PROTECTION IN EXISTING STRUCTURES AS DIRECTED ON THE SWPPP PLAN SHEETS, AND AS NEEDED THROUGHOUT CONSTRUCTION, PRIOR TO BEGINNING GROUND DISTURBING ACTIVITIES UP GRADIENT OF THE INLET. INSTALL INLET PROTECTION ON NEW STRUCTURES AS SOON AS THE STRUCTURES ARE PUT INTO USE. MAINTENANCE AND INSPECTION REQUIREMENTS: INSPECT SILT FENCE EVERY 7 DAYS OR WITHIN 24 HOURS AFTER A 0.5” 24-HOUR RAIN EVENT. SEDIMENT ACCUMULATIONS SHOULD BE REMOVED WHEN SEDIMENT BUILD-UP REACHES 1/2 THE HEIGHT OF THE SILT FENCE. THIS MAINTENANCE MUST BE COMPLETED WITHIN 24 HOURS OF DISCOVERY. RESPONSIBLE STAFF (CONTRACTOR TO COMPLETE): BMP DESCRIPTION: INLET PROTECTION (INLET INSERT DEVICE) INSTALLATION SCHEDULE: INSTALL INLET PROTECTION IN EXISTING STRUCTURES AS DIRECTED ON THE SWPPP PLAN SHEETS, AND AS NEEDED THROUGHOUT CONSTRUCTION, PRIOR TO BEGINNING GROUND DISTURBING ACTIVITIES UP GRADIENT OF THE INLET. INSTALL INLET PROTECTION ON NEW STRUCTURES AS SOON AS THE STRUCTURES ARE PUT INTO USE. MAINTENANCE AND INSPECTION REQUIREMENTS: INSPECT INLET PROTECTION EVERY 7 DAYS OR WITHIN 24 HOURS AFTER A 0.5” 24-HOUR RAIN EVENT. SEDIMENT ACCUMULATIONS SHOULD BE REMOVED WHEN SEDIMENT BUILD-UP REACHES 1/2 THE CAPACITY OF THE DEVICE, OR, IF MORE STRINGENT, IN ACCORDANCE WITH MANUFACTURER RECOMMENDATIONS. THIS MAINTENANCE MUST BE COMPLETED WITHIN 24 HOURS OF DISCOVERY. RESPONSIBLE STAFF (CONTRACTOR TO COMPLETE): 2.7 ESTABLISH PERIMETER CONTROLS AND SEDIMENT BARRIERS ALL STRUCTURAL SEDIMENT CONTROLS INTENDED TO RECEIVE AND TREAT CONSTRUCTION RUNOFF MUST BE IN PLACE BEFORE ANY UP GRADIENT LAND ALTERATION CAN BEGIN AND MUST STAY IN OPERATION UNTIL FINAL STABILIZATION OF THE SITE HAS BEEN ACHIEVED. TEMPORARY SOIL STOCKPILES MUST HAVE SILT FENCE OR OTHER EFFECTIVE SEDIMENT CONTROLS, AND CANNOT BE PLACED IN ANY NATURAL BUFFERS OR SURFACE WATERS, INCLUDING STORMWATER CONVEYANCES SUCH AS CURB AND GUTTER SYSTEMS, OR CONDUITS AND DITCHES UNLESS THERE IS A BYPASS IN PLACE FOR THE STORMWATER. BMP DESCRIPTION: SILT FENCE INSTALLATION SCHEDULE: INSTALL SILT FENCE AS DIRECTED ON THE SWPPP PLAN SHEETS, AND AS NEEDED THROUGHOUT CONSTRUCTION, PRIOR TO COMMENCING UP GRADIENT LAND DISTURBING ACTIVITIES. MAINTENANCE AND INSPECTION REQUIREMENTS: INSPECT SILT FENCE EVERY 7 DAYS OR WITHIN 24 HOURS AFTER A 0.5” 24-HOUR RAIN EVENT. SEDIMENT ACCUMULATIONS SHOULD BE REMOVED WHEN SEDIMENT BUILD-UP REACHES 1/2 THE HEIGHT OF THE SILT FENCE. THIS MAINTENANCE MUST BE COMPLETED WITHIN 24 HOURS OF DISCOVERY. RESPONSIBLE STAFF (CONTRACTOR TO COMPLETE): BMP DESCRIPTION: BIOLOGS INSTALLATION SCHEDULE: INSTALL BIOLOGS AS DIRECTED ON THE SWPPP PLAN SHEETS, AND AS NEEDED THROUGHOUT CONSTRUCTION, PRIOR TO COMMENCING UP GRADIENT LAND DISTURBING ACTIVITIES. MAINTENANCE AND INSPECTION REQUIREMENTS: INSPECT BIOLOGS EVERY 7 DAYS OR WITHIN 24 HOURS AFTER A 0.5” 24-HOUR RAIN EVENT. SEDIMENT ACCUMULATIONS SHOULD BE REMOVED WHEN SEDIMENT BUILD-UP REACHES 1/2 THE HEIGHT OF THE BIOLOG. THIS MAINTENANCE MUST BE COMPLETED WITHIN 24 HOURS OF DISCOVERY. RESPONSIBLE STAFF (C 2.8 RETAIN SEDIMENT ON-SITE ANY OFF-SITE ACCUMULATIONS OF SEDIMENT MUST BE REMOVED IN A MANNER AND AT A FREQUENCY SUFFICIENT TO MINIMIZE OFF-SITE IMPACT (E.G. FUGITIVE SEDIMENT IN STREETS COULD BE WASHED INTO STORM SEWERS BY THE NEXT RAIN AND/OR POSE A SAFETY HAZARD TO USERS OF PUBLIC STREETS. IF A TEMPORARY SEDIMENT BASIN IS UTILIZED IT MUST FOLLOW THE REQUIREMENTS OF THE GENERAL PERMIT. BMP DESCRIPTION: TEMPORARY SEDIMENTATION BASIN INSTALLATION SCHEDULE: INSTALL TEMPORARY SEDIMENTATION BASIN PRIOR TO BEGINNING UPSLOPE LAND DISTURBING ACTIVITIES. IF THIS IS NOT POSSIBLE DUE TO EXISTING TOPOGRAPHY, LIMIT DISTURBANCE TO ONLY THOSE AREAS NECESSARY TO INSTALL TEMPORARY SEDIMENTATION BASIN. MAINTENANCE AND INSPECTION REQUIREMENTS: INSPECT TEMPORARY SEDIMENTATION BASINS EVERY 7 DAYS OR WITHIN 24 HOURS AFTER A 0.5” 24-HOUR RAIN EVENT. TEMPORARY AND PERMANENT SEDIMENTATION BASINS MUST BE DRAINED AND THE SEDIMENT REMOVED WHEN THE VOLUME OF SEDIMENT COLLECTED IN THE BASIN REACHES ½ THE STORAGE VOLUME. THIS MAINTENANCE MUST BE COMPLETED WITHIN 72 HOURS OF DISCOVERY, OR AS SOON AS FIELD CONDITIONS ALLOW ACCESS. IF CONDITIONS DO NOT ALLOW MAINTENANCE TO BE PERFORMED WITHIN 72 HOURS, DOCUMENT THE CAUSE OF DELAY ON THE MAINTENANCE FORM. REFER TO SECTION 3.1 OF THIS SWPPP FOR BASIN DRAINING GUIDELINES. RESPONSIBLE STAFF (CONTRACTOR TO COMPLETE): 2.9 ESTABLISH VEHICLE TRACKING PADS VEHICLE TRACKING PADS HAVE BEEN DESIGNED TO PREVENT SEDIMENT TRACK OFF. IF THERE IS EVIDENCE OF SEDIMENT TRACKING FROM VEHICLES IN PAVED AREAS, THE SEDIMENT MUST BE REMOVED BY STREET SWEEPING OR OTHER METHOD AS SOON AS FEASIBLY POSSIBLE, BUT NO LONGER THAN 24 HOURS AFTER DISCOVERY. (SECTION 9.11 AND 9.12 OF THE GENERAL PERMIT). BMP DESCRIPTION: VEHICLE TRACKING PAD INSTALLATION SCHEDULE: INSTALL VEHICLE TRACKING PAD AS SHOWN ON THE SWPPP PLAN SHEETS AS SOON AS POSSIBLE AT THE BEGINNING OF CONSTRUCTION ACTIVITIES. INSTALL ADDITIONAL VEHICLE TRACKING PADS AS NEEDED THROUGHOUT CONSTRUCTION. MAINTENANCE AND INSPECTION REQUIREMENTS: INSPECT VEHICLE TRACKING PADS EVERY 7 DAYS OR WITHIN 24 HOURS AFTER A 0.5” 24-HOUR RAIN EVENT. VEHICLE TRACKING PADS MUST BE PERIODICALLY 'REFRESHED' TO ENSURE PROPER FUNCTIONALITY. MAINTENANCE SHOULD BE PERFORMED WHEN THE EXIT APPEARS SMOOTH AND COMPACTED OR WHEN THE VEHICLE TRACKING PAD CEASES TO FUNCTION PROPERLY. VEHICLE TRACKING PAD LOCATIONS SHOULD BE INSPECTED FOR SIGNS OF OFF-SITE SEDIMENT TRACKING. TRACKED SEDIMENT MUST BE REMOVED FROM ALL PAVED SURFACES WITHIN 24 HOURS OF DISCOVERY. STREET SWEEPING MUST BE USED IF VEHICLE TRACKING PADS ARE NOT ADEQUATE TO PREVENT SEDIMENT FROM BEING TRACKED ONTO THE STREET. RESPONSIBLE STAFF (CONTRACTOR TO COMPLETE): Jul 22, 2020 - 11:36am - User:Csyverson L:\PROJECTS\20658.03\CAD\Civil\Sheets\20658.03-C5-EROS.dwg C5.05 SWPPP NARRATIVE Project Location Date Submittal / RevisionNo. Certification Sheet Title Summary Revision History Sheet No.Revision Project No. By Designed:Drawn: Approved:Book / Page: Phase:Initial Issue: Client GORDON JAMES CONSTRUCTION 5159 MAIN STREET SUITE 200 MAPLE PLAIN, MN 55359 ORCHARD HILL OF ORONO ORONO, MN JEB CJS ETL PRELIMINARY 04/22/2020 20658.03 Registration No.Date: I hereby certify that this plan, specification or report was prepared by me or under my direct supervision and that I am a duly licensed professional ENGINEER under the laws of the state of Minnesota. If applicable, contact us for a wet signed copy of this plan which is available upon request at Sambatek's, Minnetonka, MN office. 04/22/202050475 Eric T. Luth 04/22/20 City Submittal 05/01/20 MCWD Submittal 05/04/20 City Resubmittal 07/22/20 City Resubmittal 2.10 CONTROL STORMWATER DISCHARGE POINTS 1.PIPE OR OTHER TEMPORARY OR PERMANENT OUTLETS MUST BE STABILIZED WITH TEMPORARY OR PERMANENT ENERGY DISSIPATION WITHIN 24 HOURS AFTER CONNECTION TO A SURFACE WATER. 2.STABILIZE THE NORMAL WETTED PERIMETER OF A DRAINAGE DITCH OR SWALE WITHIN 200 FEET OF THE PROPERTY EDGE WITHIN 24 HOURS OF CONNECTION TO A SURFACE WATER. THE REMAINDER OF THE DITCH MUST BE STABILIZED WITHIN 7 CALENDAR DAYS OF CONNECTION. BMP DESCRIPTION: RIPRAP INSTALLATION SCHEDULE: INSTALL RIPRAP AS SHOWN ON SWPPP PLANS AND/OR GRADING PLANS. INSTALLATION MUST BE COMPLETED WITHIN 24 HOURS OF CONNECTING TO A SURFACE WATER. MAINTENANCE AND INSPECTION REQUIREMENTS: INSPECT OUTLETS EVERY 7 DAYS OR WITHIN 24 HOURS AFTER A 0.5” 24-HOUR RAIN EVENT. REPAIR, REPLACE OR SUPPLEMENT NON-FUNCTIONING RIPRAP ENERGY DISSIPATION WITHIN 3 DAYS OR BY THE NEXT RAIN EVENT, WHICHEVER COMES FIRST. ANY OFF SITE ACCUMULATION OF SEDIMENT MUST BE REMOVED IN MANNER AND AT A FREQUENCY TO MINIMIZE OFF-SITE IMPACTS. RESPONSIBLE STAFF (CONTRACTOR TO COMPLETE): 2.11 CHEMICAL EROSION AND SEDIMENT CONTROL BMPS POLYMERS, FLOCCULANTS, OR OTHER SEDIMENTATION TREATMENT CHEMICALS MUST BE APPLIED AFTER CONVENTIONAL EROSION AND SEDIMENT CONTROL DEVICES ARE UTILIZED. CHEMICALS MAY ONLY BE APPLIED WHERE TREATED STORMWATER IS DIRECTED TO A SEDIMENT CONTROL SYSTEM WHICH ALLOWS FOR FILTRATION OR SETTLEMENT OF THE FLOC PRIOR TO DISCHARGE. CONSIDERATION MUST BE GIVEN WHEN SELECTING CHEMICALS TO THE EXPECTED SOIL TYPES TO BE EXPOSED DURING CONSTRUCTION, AND TO THE EXPECTED TURBIDITY, PH AND FLOW RATE OF STORMWATER FLOWING INTO THE CHEMICAL TREATMENT SYSTEM OR AREA. IF CHEMICALS ARE PART OF THE EROSION CONTROL PLAN, THEY MUST BE USED IN ACCORDANCE WITH ACCEPTED ENGINEERING PRACTICES, AND WITH DOSING SPECIFICATION AND SEDIMENT REMOVAL DESIGN SPECIFICATIONS PROVIDED BY THE MANUFACTURER OR PROVIDER/SUPPLIER OF THE APPLICABLE CHEMICALS. SECTION 3: DEWATERING & BASIN DRAINING 3.1 DEWATERING AND BASIN DRAINING ALLOWABLE NON-STORMWATER DISCHARGES, AS DEFINED BY THE GENERAL PERMIT, ARE LIMITED TO DEWATERING AND BASIN DRAINING. DEWATERING OR BASIN DRAINING THAT MAY HAVE TURBID OR SEDIMENT LADEN DISCHARGE WATER MUST BE DISCHARGED TO A TEMPORARY OR PERMANENT SEDIMENTATION BASIN ON THE PROJECT SITE WHENEVER POSSIBLE. IF THE WATER CANNOT BE DISCHARGED TO A SEDIMENTATION BASIN PRIOR TO ENTERING THE SURFACE WATER, IT MUST BE TREATED WITH THE APPROPRIATE BMPS, SUCH THAT THE DISCHARGE DOES NOT ADVERSELY AFFECT THE RECEIVING WATER OR DOWNSTREAM LANDOWNERS. THE CONTRACTOR MUST ENSURE THAT DISCHARGE POINTS ARE ADEQUATELY PROTECTED FROM EROSION AND SCOUR. THE DISCHARGE MUST BE DISPERSED OVER NATURAL ROCK RIPRAP, SAND BAGS, PLASTIC SHEETING OR OTHER ACCEPTED ENERGY DISSIPATION MEASURES. ADEQUATE SEDIMENTATION CONTROL MEASURES ARE REQUIRED FOR DISCHARGE WATER THAT CONTAINS SUSPENDED SOLIDS. ALL WATER FROM DEWATERING OR BASIN DRAINING MUST BE DISCHARGED IN A MANNER THAT DOES NOT CAUSE NUISANCE CONDITIONS, EROSION IN RECEIVING CHANNELS OR ON DOWNSLOPE PROPERTIES, OR INUNDATION IN WETLANDS CAUSING SIGNIFICANT ADVERSE IMPACT TO THE WETLAND. IF THE CONTRACTOR ELECTS TO UTILIZE FILTERS WITH BACKWASH WATER, THE CONTRACTOR MUST HAUL THE BACKWASH WATER AWAY FOR DISPOSAL, RETURN THE BACKWATER TO THE BEGINNING OF THE TREATMENT PROCESS, OR INCORPORATE THE BACKWASH WATER INTO THE SITE IN A MANNER THAT DOES NOT CAUSE EROSION. THE CONTRACTOR MUST REPLACE AND CLEAN THE FILTER MEDIA USED IN DEWATERING DEVICES WHEN REQUIRED TO RETAIN ADEQUATE FUNCTION. CONTRACTOR SHALL OBTAIN A WATER USE (APPROPRIATION) PERMIT FROM THE MINNESOTA DNR FOR DEWATERING ACTIVITIES THAT WILL WITHDRAW MORE THAN 10,000 GALLONS OF WATER PER DAY OR 1 MILLION GALLONS PER YEAR. SECTION 4: GOOD HOUSEKEEPING BMPS 4.1 MATERIAL HANDLING AND WASTE MANAGEMENT 1.SOLID WASTE DISPOSAL - NO SOLID MATERIALS, INCLUDING CONSTRUCTION AND DEMOLITION MATERIALS, COLLECTED SEDIMENT, ASPHALT AND CONCRETE MILLINGS, SHALL BE ALLOWED TO BE CARRIED FROM THE SITE WITH STORM WATER. ALL SOLID WASTE, INCLUDING DISPOSABLE MATERIALS INCIDENTAL TO THE MAJOR CONSTRUCTION ACTIVITIES, MUST BE COLLECTED AND PLACED IN CONTAINERS. THE CONTAINERS WILL BE EMPTIED PERIODICALLY BY A CONTRACT TRASH DISPOSAL SERVICE AND HAULED AWAY FROM THE SITE. DISPOSAL OF SOLID WASTES MUST COMPLY WITH MPCA REQUIREMENTS. 2.GROUNDWATER PROTECTION - SUBSTANCES THAT HAVE THE POTENTIAL FOR POLLUTING SURFACE AND/OR GROUNDWATER MUST BE CONTROLLED BY WHATEVER MEANS NECESSARY IN ORDER TO ENSURE THAT THEY DO NOT DISCHARGE FROM THE SITE. AS AN EXAMPLE, SPECIAL CARE MUST BE EXERCISED DURING EQUIPMENT FUELING AND SERVICING OPERATIONS. IF A SPILL OCCURS, IT MUST BE CONTAINED AND DISPOSED OF SO THAT IT WILL NOT FLOW FROM THE SITE OR ENTER GROUNDWATER, EVEN IF THIS REQUIRES REMOVAL, TREATMENT, AND DISPOSAL OF SOIL. IN THIS REGARD, POTENTIALLY POLLUTING SUBSTANCES SHOULD BE HANDLED IN A MANNER CONSISTENT WITH THE IMPACT THEY REPRESENT. 3.SANITARY FACILITIES - ALL PERSONNEL INVOLVED WITH CONSTRUCTION ACTIVITIES MUST COMPLY WITH STATE AND LOCAL SANITARY SEPTIC SYSTEM REGULATIONS. PORTABLE TOILETS MUST BE POSITIONED SO THAT THEY ARE SECURE AND WILL NOT BE TIPPED OR KNOCKED OVER. TEMPORARY SANITARY FACILITIES WILL BE PROVIDED AT THE SITE THROUGHOUT THE CONSTRUCTION PHASE WHERE REQUIRED BY STATE OR LOCAL REGULATIONS. THEY MUST BE UTILIZED BY ALL CONSTRUCTION PERSONNEL AND BE SERVICED BY A COMMERCIAL OPERATOR. 4.2 ESTABLISH PROPER STORAGE, HANDLING & DISPOSAL PRACTICES HAZARDOUS MATERIALS & TOXIC WASTE (INCLUDING OIL, DIESEL FUEL, GASOLINE, HYDRAULIC FLUIDS, PAINT SOLVENTS, PETROLEUM-BASED PRODUCTS, WOOD PRESERVATIVES, ADDITIVES, CURING COMPOUNDS, AND ACIDS) MUST BE STORED IN WATERPROOF CONTAINERS WITH SECONDARY CONTAINMENT, AND THEIR LOCATION(S) MUST BE NOTED ON THE SWPPP MAP. EXCEPT DURING APPLICATION, THE CONTENTS MUST BE KEPT IN TRUCKS OR WITHIN STORAGE FACILITIES IN ACCORDANCE WITH SECTION 12.4 OF THE GENERAL PERMIT. STORAGE AND DISPOSAL OF HAZARDOUS WASTE MUST BE IN COMPLIANCE WITH MCPA REGULATIONS. RUNOFF CONTAINING SUCH MATERIAL MUST BE COLLECTED, REMOVED FROM THE SITE, TREATED, AND DISPOSED AT AN APPROVED SOLID WASTE OR CHEMICAL DISPOSAL FACILITY. BUILDING PRODUCTS THAT HAVE THE POTENTIAL TO LEACH POLLUTANTS AND PESTICIDES, HERBICIDES, INSECTICIDES, FERTILIZERS, TREATMENT CHEMICALS AND LANDSCAPE MATERIALS MUST BE UNDER COVER BY PLASTIC SHEETING OR TEMPORARY ROOFS TO PREVENT DISCHARGE, OR PROTECTED BY SIMILAR EFFECTIVE MEANS TO PREVENT CONTACT WITH STORMWATER. 4.3 DESIGNATE WASHOUT AREAS THE CONTRACTOR SHALL DESIGNATE AREAS FOR CONCRETE AND OTHER (STUCCO, PAINT, FOR RELEASE OILS, CURING COMPOUNDS AND OTHER CONSTRUCTION MATERIALS RELATED TO THE CONSTRUCTION ACTIVITY) WASHOUTS, AND NOTE THE LOCATIONS ON THE SITE MAP. ALL LIQUID AND SOLID WASTES GENERATED BY WASHOUT OPERATIONS MUST BE CONTAINED IN A LEAK PROOF CONTAINMENT FACILITY OR IMPERMEABLE LAYER. A COMPACTED CLAY LINER IS NOT AN ACCEPTABLE IMPERMEABLE LAYER. THE LIQUID AND SOLID WASTES MUST NOT CONTACT THE GROUND, AND THERE MUST NOT BE RUNOFF FROM THE WASHOUT OPERATIONS OR AREAS. LIQUID AND SOLID WASTE MUST BE DISPOSED OF PROPERLY AND IN COMPLIANCE WITH MPCA REGULATIONS. A SIGN MUST BE INSTALLED ADJACENT TO EACH WASHOUT FACILITY TO INFORM SITE WORKERS TO UTILIZE PROPER FACILITIES FOR DISPOSAL OF CONCRETE AND OTHER WASTES. BMP DESCRIPTION: CONCRETE WASHOUT INSTALLATION SCHEDULE: PRIOR TO CONCRETE WORK. MAINTENANCE AND INSPECTION REQUIREMENTS: INSPECT CONCRETE WASHOUTS FOR EVIDENCE OF DISCHARGE EVERY 7 DAYS OR WITHIN 24 HOURS AFTER A 0.5” 24-HOUR RAIN EVENT. REPAIR, REPLACE OR SUPPLEMENT NON-FUNCTIONING CONCRETE WASHOUTS WITHIN 3 DAYS OR BY THE NEXT USE, WHICHEVER COMES FIRST. RESPONSIBLE STAFF (CONTRACTOR TO COMPLETE): 4.4 ESTABLISH PROPER EQUIPMENT/VEHICLE FUELING AND MAINTENANCE PRACTICES THE CONTRACTOR SHALL DESIGNATE AREAS FOR EQUIPMENT FUELING, CLEANING, MAINTENANCE AND REPAIR, AND NOTE THE LOCATION(S) ON THE SWPPP SITE MAPS. RUNOFF MUST BE CONTAINED WITHIN THE DESIGNATED AREAS (I.E. THROUGH USE OF A TEMPORARY BERM). THE AREAS MUST NOT BE LOCATED IN ANY SURFACE WATER. SPECIAL CARE MUST BE EXERCISED DURING EQUIPMENT FUELING AND SERVICING OPERATIONS. IF A SPILL OCCURS, IT MUST BE CONTAINED AND DISPOSED OF SO THAT IT WILL NOT FLOW FROM THE SITE OR ENTER GROUNDWATER, EVEN IF THIS REQUIRES REMOVAL, TREATMENT, AND DISPOSAL OF SOIL. IT IS THE CONTRACTORS RESPONSIBILITY TO ENSURE THAT ADEQUATE SUPPLIES ARE AVAILABLE AT ALL TIMES TO CLEAN UP DISCHARGED MATERIALS AND THAT AN APPROPRIATE DISPOSAL METHOD IS AVAILABLE FOR RECOVERED SPILLED MATERIALS. NO ENGINE DEGREASING IS ALLOWED ON SITE. 4.5 CONTROL EQUIPMENT/VEHICLE WASHING THE CONTRACTOR SHALL DESIGNATE LOCATION(S) FOR VEHICLE WASHING, AND NOTE THE LOCATION(S) ON THE SWPPP SITE MAP. RUNOFF FROM THE WASHING AREA MUST BE CONTAINED IN A SEDIMENT BASIN OR OTHER SIMILARLY EFFECTIVE CONTROLS AND WASTE FROM THE WASHING ACTIVITY MUST BE PROPERLY DISPOSED OF. THE CONTRACTOR MUST PROPERLY USE AND STORE SOAPS, DETERGENTS AND SOLVENTS. ENGINE DEGREASING OF TRUCKS AND OTHER CONSTRUCTION VEHICLES IS ALSO PROHIBITED. 4.6 SPILL PREVENTION AND CONTROL PLAN 1.ACCIDENTAL SPILL - DISCHARGE OF OIL OR OTHER HAZARDOUS SUBSTANCES IS SUBJECT TO REPORTING AND CLEAN UP REQUIREMENTS. IN CASE OF AN ACCIDENTAL SPILL, THE MINNESOTA POLLUTION CONTROL AGENCY IS TO BE NOTIFIED AT THEIR 24-HOUR TELEPHONE NUMBER: 651-649-5451. REFER TO SECTION 12 OF THE GENERAL PERMIT. 2.GROUNDWATER PROTECTION - SUBSTANCES THAT HAVE THE POTENTIAL FOR POLLUTING SURFACE AND/OR GROUNDWATER MUST BE CONTROLLED BY WHATEVER MEANS NECESSARY IN ORDER TO ENSURE THAT THEY DO NOT DISCHARGE FROM THE SITE. AS AN EXAMPLE, SPECIAL CARE MUST BE EXERCISED DURING EQUIPMENT FUELING AND SERVICING OPERATIONS. IF A SPILL OCCURS, IT MUST BE CONTAINED AND DISPOSED OF SO THAT IT WILL NOT FLOW FROM THE SITE OR ENTER GROUNDWATER, EVEN IF THIS REQUIRES REMOVAL, TREATMENT, AND DISPOSAL OF SOIL. IN THIS REGARD, POTENTIALLY POLLUTING SUBSTANCES SHOULD BE HANDLED IN A MANNER CONSISTENT WITH THE IMPACT THEY REPRESENT. SECTION 5: POST-CONSTRUCTION BMPS BMP DESCRIPTION: INFILTRATION BASIN INSTALLATION SCHEDULE: AFTER SITE IS STABILIZED MAINTENANCE AND INSPECTION REQUIREMENTS: NO HEAVY EQUIPMENT TO BE PLACED IN THESE AREAS, MINIMIZING THE COMPACTION. PERIODIC CHECK OF FLOW CONDITIONS TO TRACK DRAWDOWN OF THE WATER IN THE BASIN. THE DEVICE WILL BE INSPECTED AND CLEARED OF SEDIMENT BUILD UP TWICE PER YEAR AND AS NEEDED. PLANTED VEGETATION ALSO NEEDS TO BE INSPECTED PERIODICALLY AND REPLACED AS NECESSARY. INSPECTION WILL ALSO INCLUDE CHECKING FOR ANY PROBLEMATIC EROSION TAKING PLACE ON THE SLOPES OF THE BASIN. EROSION ISSUES WILL BE REPAIRED AS THEY ARE FOUND. RESPONSIBLE STAFF (CONTRACTOR TO COMPLETE): SECTION 6: INSPECTIONS 6.1 INSPECTIONS 1.INSPECTION FREQUENCY AND RESPONSIBILITY BETWEEN THE TIME THIS SWPPP IS IMPLEMENTED AND FINAL SITE STABILIZATION IS ACHIEVED AND THE NOTICE OF TERMINATION FILED WITH THE MPCA, ALL DISTURBED AREAS AND POLLUTANT CONTROLS MUST BE INSPECTED AT LEAST ONCE EVERY SEVEN CALENDAR DAYS AND WITHIN 24 HOURS FOLLOWING A RAINFALL OF 0.5 INCHES OR GREATER. THE PURPOSE OF SITE INSPECTIONS IS TO ASSESS PERFORMANCE OF POLLUTANT CONTROLS. THE INSPECTIONS WILL BE CONDUCTED BY THE CONTRACTOR'S DESIGNATED REPRESENTATIVE. BASED ON THESE INSPECTIONS, THE CONTRACTOR WILL DECIDE WHETHER IT IS NECESSARY TO MODIFY THIS SWPPP, ADD OR RELOCATE STRUCTURAL BMPS, OR WHATEVER ELSE MAY BE NEEDED IN ORDER TO PREVENT POLLUTANTS FROM LEAVING THE SITE VIA STORM WATER RUNOFF. IF THE SWPPP REQUIRES MODIFICATION, THOSE CHANGES TO THE SWPPP MUST BE DOCUMENTED. THE CONTRACTOR HAS THE DUTY TO CAUSE POLLUTANT CONTROL MEASURES TO BE REPAIRED, MODIFIED, MAINTAINED, SUPPLEMENTED, OR WHATEVER ELSE IS NECESSARY IN ORDER TO ACHIEVE EFFECTIVE POLLUTANT CONTROL. 2. INSPECTION PROCEDURES - EXAMPLES OF PARTICULAR ITEMS TO EVALUATE DURING SITE INSPECTIONS ARE LISTED BELOW. THIS LIST IS NOT INTENDED TO BE COMPREHENSIVE. DURING EACH INSPECTION THE INSPECTOR MUST EVALUATE OVERALL POLLUTANT CONTROL SYSTEM PERFORMANCE AS WELL AS PARTICULAR DETAILS OF INDIVIDUAL SYSTEM COMPONENTS. ADDITIONAL FACTORS SHOULD BE CONSIDERED AS APPROPRIATE TO THE CIRCUMSTANCES. A. PRE-INSPECTION PREPARATION: 1. INSPECTORS SHOULD BE FAMILIAR WITH THE SWPPP, INCLUDING THE EROSION AND SEDIMENT CONTROL PLANS, PAST INSPECTION REPORTS, AND MAINTENANCE LOGS. 2. PAY SPECIAL ATTENTION TO STORM WATER DISCHARGE TO SPECIAL/IMPAIRED WATERS AND WETLANDS; DISCHARGES TO SPECIAL/IMPAIRED WATERS AND WETLANDS HAVE ADDITIONAL REQUIREMENTS THAT ARE DESCRIBED IN SECTION 23 OF THE GENERAL PERMIT, AND ADDRESSED IN THIS SWPPP. B. SITE ENTRY: 1. BEFORE ENTERING THE SITE, OBSERVE THE SURROUNDINGS AND VARIOUS STAGES OF CONSTRUCTION. NOTE AREAS FOR IN-DEPTH REVIEW AND ANY POTENTIAL ISSUES. 2. THIS IS A GOOD TIME TO VIEW CONSTRUCTION SITE VEHICLE TRACKING PAD LOCATIONS AND PERIMETER CONTROLS. C. RECORDS REVIEW: 1. VERIFY THAT A COPY OF THE SWPPP AND APPLICATION FOR THE NPDES STORM WATER PERMIT, AND COPIES OF ALL CONSTRUCTION SITE INSPECTIONS ARE ON SITE. 2. VERIFY THAT THE TIMING FOR INSTALLATION OF ALL EROSION PREVENTION AND SEDIMENT CONTROL BMPS, AS WELL AS CONSTRUCTION PHASING, IS GENERALLY BEING FOLLOWED. 3. SWPPPS ARE INTENDED TO BE DYNAMIC DOCUMENTS, VERIFY THAT AMENDMENTS OR CHANGES TO THE SWPPP ARE BEING MADE WHEN: A.A CHANGE IN DESIGN, CONSTRUCTION, OPERATION, MAINTENANCE, WEATHER OR SEASONAL CONDITIONS HAVE A SIGNIFICANT EFFECT ON STORM WATER DISCHARGES B. INSPECTIONS INDICATE THE SWPPP IS NOT EFFECTIVE C. THE SWPPP IS NOT CONSISTENT WITH THE TERMS OF THE GENERAL PERMIT D. SITE INSPECTION (NOTE TIMELINES FOR MAINTENANCE INCLUDED IN INSPECTION/MAINTENANCE REPORT) 1. INSPECT DISCHARGE POINTS DOWNSTREAM AND OFF-SITE AREAS FOR SIGNS OF IMPACT. 2. INSPECT PERIMETER CONTROLS: A. HAVE PERIMETER CONTROLS BEEN PROPERLY INSTALLED AND MAINTAINED? B. ARE VEHICLE TRACKING PADS FUNCTIONING PROPERLY? ARE ADDITIONAL ENTRANCES/EXITS BEING USED THAT ARE NOT STABILIZED? C. ALL STORM DRAINS MUST BE PROTECTED AND TEMPORARY STOCKPILES MUST HAVE SEDIMENT CONTROLS INSTALLED. D. ALL EXPOSED SOILS MUST HAVE TEMPORARY OR PERMANENT EROSION PROTECTION WITHIN 7 DAYS OF INACTIVITY. 3. COMPARE BMPS IN THE SWPPP WITH CONSTRUCTION SITE CONDITIONS: ARE REQUIRED BMPS IN PLACE; ARE ADDITIONAL BMPS NEEDED; ARE BMPS IN PLACE PROPERLY INSTALLED AND MAINTAINED? 4. INSPECT AREAS THAT HAVE BEEN DISTURBED AND ARE NOT CURRENTLY BEING WORKED. ANY UNSEEDED OR UNMULCHED BARE AREAS THAT HAVE BEEN IDLE FOR 7 DAYS SHOULD BE NOTED. 5. INSPECT AREAS WITH FINAL STABILIZATION. IN ORDER FOR FINAL STABILIZATION TO BE ACHIEVED, AREAS MUST HAVE A UNIFORM COVER WITH A DENSITY OF 70% OVER ENTIRE AREA. TEMPORARY BMPS SHOULD BE REMOVED AND AREAS DISTURBED BY REMOVAL SEEDED AS NECESSARY. E. EXIT INTERVIEW: 1. DEBRIEF THE PERSON IN CHARGE. EXPLAIN THE IDENTIFIED DEFICIENCIES AND ANY AREAS OF CONCERN. F. A COPY OF THE COMPLETED INSPECTION REPORT MUST BE KEPT WITH THE SWPPP ON SITE. THE INSPECTION REPORT USED SHOULD INCLUDE, AT A MINIMUM, THE FOLLOWING: ·DATE & TIME OF INSPECTION ·NAME OF INSPECTOR(S) ·FINDINGS OF INSPECTIONS AND RECOMMENDATIONS FOR CORRECTIVE ACTIONS ·CORRECTIVE ACTIONS TAKEN, INCLUDING DATES, TIMES AND NAMES OF PARTY COMPLETING MAINTENANCE ·DATE & AMOUNT OF RAINFALL ·RECORD OF ALL POINTS OF DISCHARGE FROM THE PROPERTY AND DESCRIPTION OF DISCHARGE ·NOTE TO UPDATE THE SWPPP 6.2 DELEGATION OF AUTHORITY DULY AUTHORIZED REPRESENTATIVE(S) OR POSITION(S): COMPANY OR ORGANIZATION NAME: NAME: POSITION: ADDRESS: CITY, STATE, ZIP CODE: TELEPHONE NUMBER: FAX/EMAIL: 6.3 CORRECTIVE ACTION LOG THE INSPECTION/MAINTENANCE FORM, AVAILABLE UPON REQUEST, INCORPORATES BOTH INSPECTION AND MAINTENANCE REPORTING INTO A SINGLE FORM. THIS FORM ALSO SPECIFIES THE TIME ALLOWED FOR CORRECTIONS TO BE PERFORMED. IF THE PARTY PERFORMING INSPECTIONS CHOOSES TO USE ANOTHER INSPECTION FORM, A SEPARATE CORRECTIVE ACTION LOG MUST BE PROVIDED. SECTION 7: RECORD KEEPING AND TRAINING 7.1 RECORDKEEPING RECORD RETENTION - THE OWNER MUST KEEP THE SWPPP INCLUDING ALL CHANGES MADE TO IT DURING CONSTRUCTION (SEE SECTION 7.2 OF THIS SWPPP), ALONG WITH THE FOLLOWING ADDITIONAL RECORDS ON FILE FOR THREE YEARS AFTER COMPLETION OF THE CONSTRUCTION PROJECT (FINAL STABILIZATION AND NOTICE OF TERMINATION): 1.ANY OTHER STORMWATER RELATED PERMITS REQUIRED FOR THE PROJECT 2.RECORDS OF ALL INSPECTIONS AND MAINTENANCE CONDUCTED DURING CONSTRUCTION 3.ALL PERMANENT OPERATION AND MAINTENANCE AGREEMENTS THAT HAVE BEEN IMPLEMENTED, INCLUDING ALL RIGHT OF WAY, CONTRACTS, COVENANTS AND OTHER BINDING REQUIREMENTS REGARDING PERPETUAL MAINTENANCE 4.ALL REQUIRED CALCULATIONS FOR DESIGN OF THE TEMPORARY AND PERMANENT STORM WATER MANAGEMENT SYSTEMS 7.2 AMENDMENTS THE CONTRACTOR SHALL KEEP A RECORD LOG OF ALL MODIFICATIONS TO THE SWPPP. AN EXAMPLE OF A SWPPP UPDATE LOG FORM CAN BE PROVIDED UPON REQUEST. MODIFICATIONS TO THE SWPPP - THIS SWPPP INTENDS TO CONTROL WATER-BORNE AND LIQUID POLLUTANT DISCHARGES BY SOME COMBINATION OF INTERCEPTION, FILTRATION, AND CONTAINMENT. THE GENERAL CONTRACTOR AND SUBCONTRACTORS IMPLEMENTING THIS SWPPP MUST REMAIN ALERT TO THE NEED TO PERIODICALLY REFINE AND UPDATE THE SWPPP IN ORDER TO ACCOMPLISH THE INTENDED GOALS. THIS SWPPP MUST BE AMENDED AS NECESSARY DURING THE COURSE OF CONSTRUCTION IN ORDER TO KEEP IT CURRENT WITH THE POLLUTANT CONTROL MEASURES UTILIZED AT THE SITE. AMENDING THE SWPPP DOES NOT MEAN THAT IT HAS TO BE REPRINTED. IT IS ACCEPTABLE TO ADD ADDENDA, SKETCHES, NEW SECTIONS, AND/OR REVISED DRAWINGS. THIS SWPPP MUST BE UPDATED AS NECESSARY TO INCLUDE ADDITIONAL REQUIREMENTS, SUCH AS ADDITIONAL OR MODIFIED BMPS, DESIGNED TO CORRECT PROBLEMS IDENTIFIED OR ADDRESS SITUATIONS WHENEVER: 1.THERE IS A CHANGE IN DESIGN, CONSTRUCTION, OPERATION, MAINTENANCE, WEATHER OR SEASONAL CONDITIONS THAT HAS A SIGNIFICANT EFFECT ON THE DISCHARGE OF POLLUTANTS TO SURFACE WATERS OR UNDERGROUND WATERS. 2.INSPECTIONS OR INVESTIGATIONS BY SITE OPERATORS, LOCAL, STATE OR FEDERAL OFFICIALS INDICATE THE SWPPP IS NOT EFFECTIVE IN ELIMINATING OR SIGNIFICANTLY MINIMIZING THE DISCHARGE OF POLLUTANTS TO SURFACE WATERS OR UNDERGROUND WATERS OR THAT THE DISCHARGES ARE CAUSING WATER QUALITY STANDARD EXCEEDANCES. 3.THE SWPPP IS NOT ACHIEVING THE GENERAL OBJECTIVES OF CONTROLLING POLLUTANTS IN STORM WATER DISCHARGES ASSOCIATED WITH CONSTRUCTION ACTIVITY, OR THE SWPPP IS NOT CONSISTENT WITH THE TERMS AND CONDITIONS OF THE GENERAL PERMIT. 4.THE MPCA HAS DETERMINED THAT THE PROJECT'S STORM WATER DISCHARGES MAY CAUSE OR CONTRIBUTE TO NON-ATTAINMENT OF ANY APPLICABLE WATER STANDARD, OR THAT THE SWPPP DOES NOT INCORPORATE REQUIREMENTS RELATED TO AN APPROVED TOTAL MAXIMUM DAILY LOAD (TMDL) IMPLEMENTATION PLAN. IN THIS CASE, THE SWPPP MUST BE UPDATED OR A SUPPLEMENTAL BMP ACTION PLAN DEVELOPED TO ADDRESS THE IDENTIFIED CONCERNS. 7.3 TRAINING THE PERMITTEE(S) MUST FULFILL TRAINING REQUIREMENTS AND INCLUDE RECORDS OF TRAINING IN THE SWPPP. REFRESHER TRAINING MUST BE ATTENDED EVERY THREE YEARS STARTING THREE YEARS, FROM THE ISSUANCE OF THE 2018 GENERAL PERMIT (ISSUED 8/1/18). INDIVIDUALS REQUIRED TO BE TRAINED INCLUDE: 1.INDIVIDUALS PREPARING THE SWPPP 2.INDIVIDUALS OVERSEEING IMPLEMENTATION OF, REVISING, AND AMENDING THE SWPPP AND INDIVIDUALS PERFORMING INSPECTIONS. ONE OF THESE INDIVIDUALS MUST BE AVAILABLE FOR AN ON SITE INSPECTION WITHIN 72 HOURS UPON REQUEST BY THE MPCA. 3.INDIVIDUALS PERFORMING OR SUPERVISING THE INSTALLATION, MAINTENANCE AND REPAIR OF BMPS. AT LEAST ONE INDIVIDUAL ON A PROJECT MUST BE TRAINED IN THESE JOB DUTIES. THE CONTENT AND EXTENT OF TRAINING MUST BE COMMENSURATE WITH THE INDIVIDUAL'S JOB DUTIES AND RESPONSIBILITIES WITH REGARD TO ACTIVITIES COVERED UNDER THE GENERAL PERMIT. AT LEAST ONE INDIVIDUAL TRAINED IN THE JOB DUTIES LISTED ABOVE MUST BE PRESENT ON THE SITE OR AVAILABLE TO THE SITE IN 72 HOURS. TRAINING DOCUMENTATION MUST INCLUDE: 1.NAMES OF PERSONNEL ASSOCIATED WITH THE PROJECT THAT ARE REQUIRED TO BE TRAINED 2.DATES OF TRAINING AND NAMES OF INSTRUCTOR AND ENTITY PROVIDING TRAINING 3.CONTENT OF TRAINING COURSE, INCLUDING NUMBER OF HOURS OF TRAINING 4.DOCUMENTATION MUST BE KEPT WITH THE SWPPP. TRAINING RECORD/CERTIFICATION TEMPLATE IS AVAILABLE UPON REQUEST. INDIVIDUALS MUST BE TRAINED BY LOCAL, STATE, FEDERAL AGENCIES, PROFESSIONAL ORGANIZATIONS, OR OTHER ENTITIES WITH EXPERTISE IN EROSION PREVENTION, SEDIMENT CONTROL, OR PERMANENT STORMWATER MANAGEMENT SUCH AS THE UNIVERSITY OF MINNESOTA, MINNESOTA EROSION CONTROL ASSOCIATION, SOIL AND WATER CONSERVATION DISTRICTS, OR THE MPCA. SECTION 8: FINAL STABILIZATION / PERMIT TERMINATION FINAL STABILIZATION - TO ACHIEVE FINAL STABILIZATION OF THE SITE, THE CONTRACTOR WILL IMPLEMENT THE FOLLOWING MEASURES AFTER ALL SOIL DISTURBING ACTIVITIES AT THE SITE HAVE BEEN COMPLETED. 1.ALL SOILS MUST BE STABILIZED BY A UNIFORM PERENNIAL VEGETATIVE COVER WITH A DENSITY OF 70 PERCENT OVER THE ENTIRE PERVIOUS SURFACE AREA, OR BY OTHER EQUIVALENT MEANS NECESSARY TO PREVENT SOIL FAILURE UNDER EROSIVE CONDITIONS. REFER TO LANDSCAPING PLANS/SPECIFICATIONS FOR TYPE OF VEGETATIVE COVER. 2.THE PERMANENT STORMWATER MANAGEMENT SYSTEM IS CONSTRUCTED, MEETS ALL REQUIREMENTS IN SECTIONS 15, 16, 17, 18, AND 19 OF THE GENERAL PERMIT AND IS OPERATING AS DESIGNED. TEMPORARY OR PERMANENT SEDIMENTATION BASINS THAT ARE TO BE USED AS PERMANENT WATER QUALITY MANAGEMENT BASINS HAVE BEEN CLEAN OF ANY ACCUMULATED SEDIMENT. ALL SEDIMENT HAS BEEN REMOVED FROM CONVEYANCE SYSTEMS AND DITCHES ARE STABILIZED WITH PERMANENT COVER. 3.ALL TEMPORARY EROSION PREVENTION AND SEDIMENT CONTROL BMPS MUST BE REMOVED. 4.FOR CONSTRUCTION PROJECTS ON LAND USED FOR AGRICULTURAL PURPOSES FINAL STABILIZATION MAY BE ACCOMPLISHED BY RETURNING THE DISTURBED LAND TO ITS PRECONSTRUCTION AGRICULTURAL USE. 5.FOR RESIDENTIAL CONSTRUCTION ONLY, INDIVIDUAL LOTS ARE CONSIDERED FINALLY STABILIZED IF THE STRUCTURE(S) ARE FINISHED AND TEMPORARY EROSION PROTECTION AND DOWNGRADIENT PERIMETER CONTROL HAS BEEN COMPLETED AND THE RESIDENCE HAS BEEN SOLD TO THE HOMEOWNER. ADDITIONALLY, THE PERMITTEE HAS DISTRIBUTED THE MPCA'S “HOMEOWNER FACT SHEET” TO THE HOMEOWNER TO INFORM THE HOMEOWNER OF THE NEED FOR, AND BENEFITS OF, PERMANENT COVER. PERMIT TERMINATION - TO ACHIEVE PERMIT TERMINATION FOR THE SITE, PERMITTEES MUST COMPLY WITH SECTIONS 4 & 13 OF THE GENERAL PERMIT. LOT 1 LOT 2 LOT 5 LOT 4 LOT 3 OUTLOT A INFILTRATION BASIN BOT: 941.70 OUT: 942.50 HWL: 944.79 BOTOUTHWL WBP WBP WBP WBP WBP WBP WBP WBP WBP WBP WBP WBP WBP WBPWBP WBP WBP WBP WBP WBP WBP WBP WBP WBP WBP WBP WBP WBP WBP WBP WBP WBP WBP WBP WBP WBP WBP WBP WBP WBP WBP WBP WBP WBP WBP WBP WBP WBP WBP WBP WBP WBP WBP WBP GFE=982.0 FFE=983.0 LFE=974.0 GFE=958.0 FFE=959.0 LFE=950.0 GFE=953.5 FFE=954.5 LFE=945.5 GFE=948.5 FFE=950.5 LFE=941.5 GFE=956.0 FFE=957.0 LFE=948.0 SCALE IN FEET 0 12060 NORTH Jul 22, 2020 - 11:36am - User:Csyverson L:\PROJECTS\20658.03\CAD\Civil\Sheets\20658.03-C6-UTIL.dwg C6.01 OVERALL UTILITY PLAN Project Location Date Submittal / RevisionNo. Certification Sheet Title Summary Revision History Sheet No.Revision Project No. By Designed:Drawn: Approved:Book / Page: Phase:Initial Issue: Client GORDON JAMES CONSTRUCTION 5159 MAIN STREET SUITE 200 MAPLE PLAIN, MN 55359 ORCHARD HILL OF ORONO ORONO, MN JEB CJS ETL PRELIMINARY 04/22/2020 20658.03 Registration No.Date: I hereby certify that this plan, specification or report was prepared by me or under my direct supervision and that I am a duly licensed professional ENGINEER under the laws of the state of Minnesota. If applicable, contact us for a wet signed copy of this plan which is available upon request at Sambatek's, Minnetonka, MN office. 04/22/202050475 Eric T. Luth 04/22/20 City Submittal 05/01/20 MCWD Submittal 05/04/20 City Resubmittal 07/22/20 City Resubmittal 1.THE UTILITY IMPROVEMENTS FOR THIS PROJECT SHALL BE CONSTRUCTED IN ACCORDANCE WITH THE "STANDARD UTILITIES SPECIFICATIONS" AS PUBLISHED BY THE CITY ENGINEERS ASSOCIATION OF MINNESOTA (CEAM), EXCEPT AS MODIFIED HEREIN. CONTRACTOR SHALL OBTAIN A COPY OF THESE SPECIFICATIONS. 1.1.ALL UTILITIES SHALL BE CONSTRUCTED IN ACCORDANCE WITH CITY REQUIREMENTS. 1.2.CONTRACTOR SHALL NOT OPEN, TURN OFF, INTERFERE WITH, OR ATTACH ANY PIPE OR HOSE TO OR TAP WATERMAIN BELONGING TO THE CITY UNLESS DULY AUTHORIZED TO DO SO BY THE CITY. ANY ADVERSE CONSEQUENCES OF ANY SCHEDULED OR UNSCHEDULED DISRUPTIONS OF SERVICE TO THE PUBLIC ARE THE LIABILITY OF CONTRACTOR. 1.3.A MINIMUM VERTICAL SEPARATION OF 18 INCHES AND HORIZONTAL SEPARATION OF 10-FEET BETWEEN OUTSIDE PIPE DIAMETERS IS REQUIRED AT ALL WATERMAIN AND SEWER MAIN (BUILDING, STORM AND SANITARY) CROSSINGS. 2.ALL MATERIALS SHALL BE AS SPECIFIED IN CEAM SPECIFICATIONS EXCEPT AS MODIFIED HEREIN. 2.1.ALL MATERIALS SHALL COMPLY WITH THE REQUIREMENTS OF THE CITY. 2.2.ALL SANITARY SEWER TO BE PVC SDR-35, UNLESS NOTED OTHERWISE. 2.2.1.ALL SANITARY SEWER SERVICES TO BUILDING SHALL BE PVC SCH 40 CONFORMING TO ASTM D2665. 2.3.ALL STORM SEWER PIPE TO BE SMOOTH INTERIOR DUAL WALL HDPE PIPE WITH WATER TIGHT GASKETS, UNLESS NOTED OTHERWISE. 2.3.1.ALL STORM SEWER PIPE FOR ROOF DRAIN SERVICES TO BUILDING SHALL BE PVC SCH 40 CONFORMING TO ASTM D2665. 2.4.RIP RAP SHALL BE Mn/DOT CLASS 3. 3.COORDINATE ALL BUILDING SERVICE CONNECTION LOCATIONS AND INVERT ELEVATIONS WITH MECHANICAL CONTRACTOR PRIOR TO CONSTRUCTION. 4.ALL BUILDING SERVICE CONNECTIONS (STORM, SANITARY, WATER) WITH FIVE FEET OR LESS COVER ARE TO BE INSULATED FROM BUILDING TO POINT WHERE 5-FEET OF COVER IS ACHIEVED. 5.CONTRACTOR SHALL TAKE ALL PRECAUTIONS NECESSARY TO AVOID PROPERTY DAMAGE TO ADJACENT PROPERTIES DURING THE CONSTRUCTION PHASES OF THIS PROJECT. CONTRACTOR WILL BE HELD SOLELY RESPONSIBLE FOR ANY DAMAGES TO THE ADJACENT PROPERTIES OCCURRING DURING THE CONSTRUCTION PHASES OF THIS PROJECT. 6.SAFETY NOTICE TO CONTRACTORS: IN ACCORDANCE WITH GENERALLY ACCEPTED CONSTRUCTION PRACTICES, CONTRACTOR WILL BE SOLELY AND COMPLETELY RESPONSIBLE FOR CONDITIONS ON THE JOB SITE, INCLUDING SAFETY OF ALL PERSONS AND PROPERTY DURING PERFORMANCE OF THE WORK. THIS REQUIREMENT WILL APPLY CONTINUOUSLY AND NOT BE LIMITED TO NORMAL WORKING HOURS. THE DUTY OF THE ENGINEER OR THE DEVELOPER TO CONDUCT CONSTRUCTION REVIEW OF CONTRACTOR'S PERFORMANCE IS NOT INTENDED TO INCLUDE REVIEW OF THE ADEQUACY OF CONTRACTOR'S SAFETY MEASURES IN, ON OR NEAR THE CONSTRUCTION SITE. 7.ALL AREAS OUTSIDE THE PROPERTY BOUNDARIES THAT ARE DISTURBED BY UTILITY CONSTRUCTION SHALL BE RESTORED IN KIND. SODDED AREAS SHALL BE RESTORED WITH 6 INCHES OF TOPSOIL PLACED BENEATH THE SOD. 8.CONTRACTOR SHALL BE RESPONSIBLE FOR PROVIDING AND MAINTAINING TRAFFIC CONTROL DEVICES SUCH AS BARRICADES, WARNING SIGNS, DIRECTIONAL SIGNS, FLAGMEN AND LIGHTS TO CONTROL THE MOVEMENT OF TRAFFIC WHERE NECESSARY. TRAFFIC CONTROL DEVICES SHALL CONFORM TO APPROPRIATE MINNESOTA DEPARTMENT OF TRANSPORTATION STANDARDS. 9.ALL SOILS TESTING SHALL BE COMPLETED BY AN INDEPENDENT SOILS ENGINEER. EXCAVATION FOR THE PURPOSE OF REMOVING UNSTABLE OR UNSUITABLE SOILS SHALL BE COMPLETED AS REQUIRED BY THE SOILS ENGINEER. THE UTILITY BACKFILL CONSTRUCTION SHALL COMPLY WITH THE REQUIREMENTS OF THE SOILS ENGINEER. CONTRACTOR SHALL BE RESPONSIBLE FOR COORDINATING ALL REQUIRED SOILS TESTS AND SOIL INSPECTIONS WITH THE SOILS ENGINEER. A GEOTECHNICAL ENGINEERING REPORT HAS BEEN COMPLETED BY: COMPANY: ___________________________________________ ADDRESS: ____________________________________________ PHONE: _______________________________________________ DATED: _______________________________________________ CONTRACTOR SHALL OBTAIN A COPY OF THIS SOILS REPORT. 10.CONTRACTOR SHALL SUBMIT 2 COPIES OF SHOP DRAWINGS FOR MANHOLE AND CATCH BASIN STRUCTURES TO ______________. CONTRACTOR SHALL ALLOW 5 WORKING DAYS FOR SHOP DRAWING REVIEW. 11.CONTRACTOR AND MATERIAL SUPPLIER SHALL DETERMINE THE MINIMUM DIAMETER REQUIRED FOR EACH STORM SEWER STRUCTURE. 12.FUTURE HOMES TO HAVE WELLS ON THE LOT. TELEPHONE ELECTRIC GAS LINE EASEMENT WATERMAIN SANITARY SEWER EXISTINGPROPOSED STORM SEWER CURB & GUTTER DRAINTILE D S S LEGEND UTILITY CONSTRUCTION NOTES THE SUBSURFACE UTILITY INFORMATION SHOWN ON THESE PLANS IS A UTILITY QUALITY LEVEL D. THIS QUALITY LEVEL WAS DETERMINED ACCORDING TO THE GUIDELINES OF ASCE/CI 38-02, TITLED "STANDARD GUIDELINES FOR THE COLLECTION AND DEPICTION OF EXISTING SUBSURFACE UTILITY DATA." THE CONTRACTOR AND/OR SUBCONTRACTORS SHALL DETERMINE THE EXACT LOCATION OF ALL EXISTING UTILITIES BEFORE COMMENCING WORK, BY CONTACTING THE NOTIFICATION CENTER (GOPHER STATE ONE FOR MINNESOTA). THE CONTRACTOR AND/OR SUBCONTRACTOR AGREE TO BE FULLY RESPONSIBLE FOR ANY AND ALL DAMAGES, WHICH MIGHT BE OCCASIONED BY HIS OR HER FAILURE TO EXACTLY LOCATE AND PRESERVE ANY AND ALL UTILITIES (UNDERGROUND AND OVERHEAD). IF THE CONTRACTOR ENCOUNTERS ANY DRAIN TILE WITHIN THE SITE, HE OR SHE SHALL NOTIFY THE ENGINEER WITH THE LOCATION, SIZE, INVERT AND IF THE TILE LINE IS ACTIVE. NO DRAIN TILE SHALL BE BACKFILLED WITHOUT APPROVAL FROM THE PROJECT ENGINEER. IT SHALL BE THE RESPONSIBILITY OF THE CONTRACTOR TO RELOCATE ALL EXISTING UTILITIES WHICH CONFLICT WITH THE PROPOSED IMPROVEMENTS SHOWN ON THE PLANS. LOT 1 LOT 2 LOT 5 LOT 4 OUTLOT A INFILTRATION BASIN BOT: 941.70 OUT: 942.50 HWL: 944.79 100' Principal Structure Setback from Long Lake Creek 20' Wetland Buffer 30' Wetland Buffer 30' Wetland Buffer BOTOUTHWL WBP WBP WBP WBP WBP WBP WBP WBP WBP WBP WBP WBP WBP WBPWBP WBP WBP WBP WBP WBP WBP WBP WBP WBP WBP WBP WBP WBP GFE=958.0 FFE=959.0 LFE=950.0 GFE=953.5 FFE=954.5 LFE=945.5 GFE=948.5 FFE=950.5 LFE=941.5 GFE=956.0 FFE=957.0 LFE=948.0 CONSTRUCT SAN MH OVER EXISTING PIPE SMH 1 (48") RE=951.74 BLD=21.8' IE=929.92 SW IE=929.82 SE (FIELD VERIFY) SMH 5 (48") RE=951.36 BLD=11.5' IE=940.00 SW IE=943.14 SE IE=941.08 S IE=939.90 N SMH 4 (48") RE=949.23 BLD=16.9' IE=932.48 S IE=932.48 W IE=932.38 NE CLEANOUT RE=952.64 BLD=13.4' IE=939.27 SE IE=939.27 N CLEANOUT RE=958.92 BLD=14.5' IE=944.41 SE IE=944.41 NW SMH 3 (48") RE=948.00 BLD=16.1' IE=932.04 SW IE=931.94 E SMH 2 (48") RE=945.64 BLD=14.6' IE=931.14 W IE=933.04 S IE=931.04 NE CLEANOUT RE=949.28 BLD=8.1' IE=941.19 SW IE=941.19 NE CLEANOUT RE=942.82 BLD=7.8' IE=935.06 W IE=935.06 E CLEANOUT RE=944.58 BLD=10.8' IE=933.81 W IE=933.81 E 1 8 5 L F - 8 " P V C S D R 3 5 @ 4 . 0 1 % 84 L F - 8 " PV C S D R 3 5 @ 0 . 4 0 % 200 LF - 8 " PVC SDR 3 5 @ 0 . 4 0 % 280 LF - 8 " PVC S D R 3 5 @ 0 . 4 0 % 56 LF - 4" PVC SCH 40 @ 7.18% 83 LF - 4" PVC SCH 40 @ 7.50% 56 LF - 4" PVC SCH 40 @ 2.00%63 LF - 4" PVC SCH 40 @ 2.00%67 LF - 4" PVC SCH 40 @ 2.00% 46 L F - 4 " PV C S C H 4 0 @ 2 . 0 0 % 60 L F - 4 " PV C S C H 4 0 @ 2 . 0 0 % 90 L F - 4 " P V C S C H 4 0 @ 2 . 0 0 % 63 L F - 4 " P V C S C H 4 0 @ 2 . 0 0 % 19 6 L F - 4 " P V C S C H 4 0 @ 2 . 0 0 % 4" SANITARY SERVICE IE=943.30 NW 4" SANITARY SERVICE IE=946.20 NW 4" SANITARY SERVICE IE=942.10 NE 4" SANITARY SERVICE IE=936.17 E Project Location Date Submittal / RevisionNo. Certification Sheet Title Summary Revision History Sheet No.Revision Project No. By Designed:Drawn: Approved:Book / Page: Phase:Initial Issue: Client GORDON JAMES CONSTRUCTION 5159 MAIN STREET SUITE 200 MAPLE PLAIN, MN 55359 ORCHARD HILL OF ORONO ORONO, MN JEB CJS ETL PRELIMINARY 04/22/2020 20658.03 Registration No.Date: I hereby certify that this plan, specification or report was prepared by me or under my direct supervision and that I am a duly licensed professional ENGINEER under the laws of the state of Minnesota. If applicable, contact us for a wet signed copy of this plan which is available upon request at Sambatek's, Minnetonka, MN office. 04/22/202050475 Eric T. Luth 04/22/20 City Submittal 05/01/20 MCWD Submittal 05/04/20 City Resubmittal 07/22/20 City Resubmittal SCALE IN FEET 0 6030 NORTH Jul 22, 2020 - 11:36am - User:Csyverson L:\PROJECTS\20658.03\CAD\Civil\Sheets\20658.03-C6-UTIL.dwg C6.02 UTILITY PLAN - NORTH TELEPHONE ELECTRIC GAS LINE EASEMENT WATERMAIN SANITARY SEWER EXISTINGPROPOSED STORM SEWER CURB & GUTTER DRAINTILE D S S LEGEND THE SUBSURFACE UTILITY INFORMATION SHOWN ON THESE PLANS IS A UTILITY QUALITY LEVEL D. THIS QUALITY LEVEL WAS DETERMINED ACCORDING TO THE GUIDELINES OF ASCE/CI 38-02, TITLED "STANDARD GUIDELINES FOR THE COLLECTION AND DEPICTION OF EXISTING SUBSURFACE UTILITY DATA." THE CONTRACTOR AND/OR SUBCONTRACTORS SHALL DETERMINE THE EXACT LOCATION OF ALL EXISTING UTILITIES BEFORE COMMENCING WORK, BY CONTACTING THE NOTIFICATION CENTER (GOPHER STATE ONE FOR MINNESOTA). THE CONTRACTOR AND/OR SUBCONTRACTOR AGREE TO BE FULLY RESPONSIBLE FOR ANY AND ALL DAMAGES, WHICH MIGHT BE OCCASIONED BY HIS OR HER FAILURE TO EXACTLY LOCATE AND PRESERVE ANY AND ALL UTILITIES (UNDERGROUND AND OVERHEAD). IF THE CONTRACTOR ENCOUNTERS ANY DRAIN TILE WITHIN THE SITE, HE OR SHE SHALL NOTIFY THE ENGINEER WITH THE LOCATION, SIZE, INVERT AND IF THE TILE LINE IS ACTIVE. NO DRAIN TILE SHALL BE BACKFILLED WITHOUT APPROVAL FROM THE PROJECT ENGINEER. IT SHALL BE THE RESPONSIBILITY OF THE CONTRACTOR TO RELOCATE ALL EXISTING UTILITIES WHICH CONFLICT WITH THE PROPOSED IMPROVEMENTS SHOWN ON THE PLANS. LOT 2 LOT 4 A 30' Wetland Buffer WBP WBP WBP WBP WBP WBP WBP WBP WBP WBP WBP WBP WBP WBP WBP WBP WBP GFE=982.0 FFE=983.0 LFE=974.0 GFE=958.0 FFE=959.0 LFE=950.0 GFE=953.5 FFE=954.5 LFE=945.5 SMH 17 (48") RE=968.89 BLD=8.0' IE=960.99 SW IE=960.89 NE SMH 18 (48") RE=955.81 BLD=10.8' IE=947.00 SW IE=945.00 N SMH 5 (48") RE=951.36 BLD=11.5' IE=940.00 SW IE=943.14 SE IE=941.08 S IE=939.90 N CLEANOUT RE=958.92 BLD=14.5' IE=944.41 SE IE=944.41 NW CLEANOUT RE=949.28 BLD=8.1' IE=941.19 SW IE=941.19 NE 46 L F - 4 " PV C S C H 4 0 @ 2 . 0 0 % 60 L F - 4 " PV C S C H 4 0 @ 2 . 0 0 % 90 L F - 4 " P V C S C H 4 0 @ 2 . 0 0 % 63 L F - 4 " P V C S C H 4 0 @ 2 . 0 0 % 253 L F - 4 " PV C S C H 4 0 @ 3 . 9 5 % 222 L F - 4 " PV C S C H 4 0 @ 6 . 2 5 % 19 6 L F - 4 " P V C S C H 4 0 @ 2 . 0 0 % 4" SANITARY SERVICE IE=946.20 NW 4" SANITARY SERVICE IE=942.10 NE 4" SANITARY SERVICE IE=971.00 NE Project Location Date Submittal / RevisionNo. Certification Sheet Title Summary Revision History Sheet No.Revision Project No. By Designed:Drawn: Approved:Book / Page: Phase:Initial Issue: Client GORDON JAMES CONSTRUCTION 5159 MAIN STREET SUITE 200 MAPLE PLAIN, MN 55359 ORCHARD HILL OF ORONO ORONO, MN JEB CJS ETL PRELIMINARY 04/22/2020 20658.03 Registration No.Date: I hereby certify that this plan, specification or report was prepared by me or under my direct supervision and that I am a duly licensed professional ENGINEER under the laws of the state of Minnesota. If applicable, contact us for a wet signed copy of this plan which is available upon request at Sambatek's, Minnetonka, MN office. 04/22/202050475 Eric T. Luth 04/22/20 City Submittal 05/01/20 MCWD Submittal 05/04/20 City Resubmittal 07/22/20 City Resubmittal SCALE IN FEET 0 #### NORTH Jul 22, 2020 - 11:36am - User:Csyverson L:\PROJECTS\20658.03\CAD\Civil\Sheets\20658.03-C6-UTIL.dwg C6.03 UTILITY PLAN - SOUTH TELEPHONE ELECTRIC GAS LINE EASEMENT WATERMAIN SANITARY SEWER EXISTINGPROPOSED STORM SEWER CURB & GUTTER DRAINTILE D S S LEGEND THE SUBSURFACE UTILITY INFORMATION SHOWN ON THESE PLANS IS A UTILITY QUALITY LEVEL D. THIS QUALITY LEVEL WAS DETERMINED ACCORDING TO THE GUIDELINES OF ASCE/CI 38-02, TITLED "STANDARD GUIDELINES FOR THE COLLECTION AND DEPICTION OF EXISTING SUBSURFACE UTILITY DATA." THE CONTRACTOR AND/OR SUBCONTRACTORS SHALL DETERMINE THE EXACT LOCATION OF ALL EXISTING UTILITIES BEFORE COMMENCING WORK, BY CONTACTING THE NOTIFICATION CENTER (GOPHER STATE ONE FOR MINNESOTA). THE CONTRACTOR AND/OR SUBCONTRACTOR AGREE TO BE FULLY RESPONSIBLE FOR ANY AND ALL DAMAGES, WHICH MIGHT BE OCCASIONED BY HIS OR HER FAILURE TO EXACTLY LOCATE AND PRESERVE ANY AND ALL UTILITIES (UNDERGROUND AND OVERHEAD). IF THE CONTRACTOR ENCOUNTERS ANY DRAIN TILE WITHIN THE SITE, HE OR SHE SHALL NOTIFY THE ENGINEER WITH THE LOCATION, SIZE, INVERT AND IF THE TILE LINE IS ACTIVE. NO DRAIN TILE SHALL BE BACKFILLED WITHOUT APPROVAL FROM THE PROJECT ENGINEER. IT SHALL BE THE RESPONSIBILITY OF THE CONTRACTOR TO RELOCATE ALL EXISTING UTILITIES WHICH CONFLICT WITH THE PROPOSED IMPROVEMENTS SHOWN ON THE PLANS. Jul 22, 2020 - 11:36am - User:Csyverson L:\PROJECTS\20658.03\CAD\Civil\Sheets\20658.03-C9-DET.dwg C9.01 DETAILS Project Location Date Submittal / RevisionNo. Certification Sheet Title Summary Revision History Sheet No.Revision Project No. By Designed:Drawn: Approved:Book / Page: Phase:Initial Issue: Client GORDON JAMES CONSTRUCTION 5159 MAIN STREET SUITE 200 MAPLE PLAIN, MN 55359 ORCHARD HILL OF ORONO ORONO, MN JEB CJS ETL PRELIMINARY 04/22/2020 20658.03 Registration No.Date: I hereby certify that this plan, specification or report was prepared by me or under my direct supervision and that I am a duly licensed professional ENGINEER under the laws of the state of Minnesota. If applicable, contact us for a wet signed copy of this plan which is available upon request at Sambatek's, Minnetonka, MN office. 04/22/202050475 Eric T. Luth Registration No.Date: I hereby certify that this survey, plan or report was prepared by me or under my direct supervision and that I am a duly Licensed LANDSCAPE ARCHITECT under the laws of the State of Minnesota. This certification is not valid unless wet signed in blue ink. If applicable, contact us for a wet signed copy of this survey which is available upon request at Sambatek, Minnetonka, MN office. 02/20/202040252 William L. Delaney 04/22/20 City Submittal 05/01/20 MCWD Submittal 05/04/20 City Resubmittal 07/22/20 City Resubmittal 12'12' NOTES: 1.INFILTRATION BASIN TO BE DRY WITHIN 48 HOUR PERIOD, UNLESS DESIGNED OTHERWISE. 2.CONTRACTOR TO PROVIDE INFILTRATION TESTING AND OBTAIN APPROVAL BY ENGINEER. 3.IT SHALL BE THE CONTRACTOR'S RESPONSIBILITY TO PROTECT THE INFILTRATION BASIN DURING CONSTRUCTION AND TO REMEDIATE ANY COMPACTED SOILS. Jul 22, 2020 - 11:36am - User:Csyverson L:\PROJECTS\20658.03\CAD\Civil\Sheets\20658.03-C9-DET.dwg C9.02 DETAILS Project Location Date Submittal / RevisionNo. Certification Sheet Title Summary Revision History Sheet No.Revision Project No. By Designed:Drawn: Approved:Book / Page: Phase:Initial Issue: Client GORDON JAMES CONSTRUCTION 5159 MAIN STREET SUITE 200 MAPLE PLAIN, MN 55359 ORCHARD HILL OF ORONO ORONO, MN JEB CJS ETL PRELIMINARY 04/22/2020 20658.03 Registration No.Date: I hereby certify that this plan, specification or report was prepared by me or under my direct supervision and that I am a duly licensed professional ENGINEER under the laws of the state of Minnesota. If applicable, contact us for a wet signed copy of this plan which is available upon request at Sambatek's, Minnetonka, MN office. 04/22/202050475 Eric T. Luth Registration No.Date: I hereby certify that this survey, plan or report was prepared by me or under my direct supervision and that I am a duly Licensed LANDSCAPE ARCHITECT under the laws of the State of Minnesota. This certification is not valid unless wet signed in blue ink. If applicable, contact us for a wet signed copy of this survey which is available upon request at Sambatek, Minnetonka, MN office. 02/20/202040252 William L. Delaney 04/22/20 City Submittal 05/01/20 MCWD Submittal 05/04/20 City Resubmittal 07/22/20 City Resubmittal 1 3B 3A 4 5 2 1.PREPARE SOIL BEFORE INSTALLING BLANKETS, INCLUDING ANY NECESSARY APPLICATION OF LIME, FERTILIZER, AND SEED. 2.BEGIN AT THE TOP OF THE SLOPE BY ANCHORING THE BLANKET IN A 6" DEEP X 6" WIDE TRENCH WITH APPROXIMATELY 12" OF BLANKET EXTENDED BEYOND THE UP-SLOPE PORTION OF THE TRENCH. ANCHOR THE BLANKET WITH A ROW OF STAPLES/STAKES APPROXIMATELY 12" APART IN THE BOTTOM OF THE TRENCH. BACKFILL AND COMPACT THE TRENCH AFTER STAPLING. APPLY SEED TO COMPACTED SOIL AND FOLD REMAINING 12" PORTION OF BLANKET BACK OVER SEED AND COMPACTED SOIL. SECURE BLANKET OVER COMPACTED SOIL WITH A ROW OF STAPLES/STAKES SPACED APPROXIMATELY 12" APART ACROSS THE WIDTH OF THE BLANKET. 3.ROLL THE BLANKETS (A.) DOWN OR (B.) HORIZONTALLY ACROSS THE SLOPE. BLANKETS WILL UNROLL WITH APPROPRIATE SIDE AGAINST THE SOIL SURFACE. ALL BLANKETS MUST BE SECURELY FASTENED TO SOIL SURFACE BY PLACING STAPLES/STAKES IN APPROPRIATE LOCATIONS AS PER MANUFACTURES RECOMMENDATION. 4.THE EDGES OF PARALLEL BLANKETS MUST BE STAPLED WITH APPROXIMATELY 4"-6" OVERLAP DEPENDING ON BLANKET TYPE. TO ENSURE PROPER SEAM ALIGNMENT, PLACE THE EDGE OF THE OVERLAPPING BLANKET (BLANKET BEING INSTALLED ON TOP) EVEN WITH THE SEAM STITCH ON THE PREVIOUSLY INSTALLED BLANKET. 5.CONSECUTIVE BLANKETS SPLICED DOWN THE SLOPE MUST BE PLACED END OVER END (SHINGLE STYLE) WITH AN APPROXIMATE 3"OVERLAP. STAPLE THROUGH OVERLAPPED AREA, APPROXIMATELY 12"APART ACROSS ENTIRE BLANKET WIDTH. 6.PLACE STAPLES/STAKES PER MANUFACTURE RECOMMENDATION FOR THE APPROPRIATE SLOPE BEING APPLIED. NOTES: 1.IN LOOSE SOIL CONDITIONS, THE USE OF STAPLE OR STAKE LENGTHS GREATER THAN 6" MAY BE NECESSARY TO PROPERLY SECURE THE BLANKETS. 2.FOLLOW EROSION CONTROL TECHNOLOGY COUNCIL SPECIFICATION FOR PRODUCT SELECTION 4"- 6" 6" 6" 12" 3" N.T.S. EROSION CONTROL BLANKET N.T.S. 1 4 6 7 5 NOTES: 1.HORIZONTAL STAPLE SPACING SHOULD BE ALTERED IF NECESSARY TO ALLOW STAPLES TO SECURE THE CRITICAL POINTS ALONG THE CHANNEL SURFACE. 2.IN LOOSE SOIL CONDITIONS, THE USE OF STAPLE OR STAKE LENGTHS GREATER THAN 6" MAY BE NECESSARY TO PROPERLY ANCHOR THE BLANKETS. 3.FOLLOW EROSION CONTROL TECHNOLOGY COUNCIL SPECIFICATION FOR PRODUCT SELECTION. 4"-6" 6" 6" BA B A 8 3 12" 2 1.PREPARE SOIL BEFORE INSTALLING BLANKETS, INCLUDING ANY NECESSARY APPLICATION OF LIME, FERTILIZER, AND SEED. 2.BEGIN AT THE TOP OF THE CHANNEL BY ANCHORING THE BLANKET IN A 6" DEEP X 6" WIDE TRENCH WITH APPROXIMATELY 12" OF BLANKET EXTENDED BEYOND THE UP-SLOPE PORTION OF THE TRENCH. ANCHOR THE BLANKET WITH A ROW OF STAPLES/STAKES APPROXIMATELY 12"APART IN THE BOTTOM OF THE TRENCH. BACKFILL AND COMPACT THE TRENCH AFTER STAPLING. APPLY SEED TO COMPACTED SOIL AND FOLD REMAINING 12"PORTION OF BLANKET BACK OVER SEED AND COMPACTED SOIL. SECURE BLANKET OVER COMPACTED SOIL WITH A ROW OF STAPLES/STAKES SPACED APPROXIMATELY 12" APART ACROSS THE WIDTH OF THE BLANKET. 3.ROLL CENTER BLANKET IN DIRECTION OF WATER FLOW IN BOTTOM OF CHANNEL. BLANKETS WILL UNROLL WITH APPROPRIATE SIDE AGAINST THE SOIL SURFACE. ALL BLANKETS MUST BE SECURELY FASTENED TO SOIL SURFACE BY PLACING STAPLES/STAKES IN APPROPRIATE LOCATIONS AS PER MANUFACTURER'S RECOMMENDATIONS. 4.PLACE CONSECUTIVE BLANKETS END OVER END (SHINGLE STYLE) WITH A 4"-6" OVERLAP. USE A DOUBLE ROW OF STAPLES STAGGERED 4" APART AND 4" ON CENTER TO SECURE BLANKETS. 5.FULL LENGTH EDGE OF BLANKETS AT TOP OF SIDE SLOPES MUST BE ANCHORED WITH A ROW OF STAPLES/STAKES APPROXIMATELY 12" APART IN A 6" DEEP X 6" WIDE TRENCH. BACKFILL AND COMPACT THE TRENCH AFTER STAPLING. 6.ADJACENT BLANKETS MUST BE OVERLAPPED APPROXIMATELY 4"-6" (DEPENDING ON BLANKET TYPE) AND STAPLED. TO ENSURE PROPER SEAM ALIGNMENT, PLACE THE EDGE OF THE OVERLAPPING BLANKET (BLANKET BEING INSTALLED ON TOP) EVEN WITH THE SEAM STITCH ON THE BLANKET BEING OVERLAPPED. 7.IN HIGH FLOW CHANNEL APPLICATIONS, A STAPLE CHECK SLOT IS RECOMMENDED AT 30 TO 40 FOOT (9m-12m) INTERVALS. USE A DOUBLE ROW OF STAPLES STAGGERED 4" APART AND 4" ON CENTER OVER ENTIRE WIDTH OF THE CHANNEL. 8.THE TERMINAL END OF THE BLANKETS MUST BE ANCHORED WITH A ROW OF STAPLES/STAKES APPROXIMATELY 12" (30cm) APART IN A 6" DEEP X 6" WIDE TRENCH. BACKFILL AND COMPACT THE TRENCH AFTER STAPLING. 9.PLACE STAPLE/STAKES PER MANUFACTURER'S RECOMMENDATION FOR THE APPROPRIATE CHANNEL FLOW OR SHORELINE APPLICATION CRITICAL POINTS A.OVERLAPS AND SEAMS B.PROJECTED WATER LINE C.CHANNEL BOTTOM/SIDE SLOPE VERTICES 6" 4"-6" 6" 4" 4" C C EROSION CONTROL BLANKETINFILTRATION BASIN DETAIL N.T.S. VARIES, SEE GRADING PLAN FINISHED GRAD E UNCOMPACTED INSITU SOIL FINISHED GRADE EL= 941.70 3:1 SL O P E M A X FES 101 IE=942.50FES 100 IE=941.20 34 LF - 18" RCP @ 3.80% LOT 1 LOT 2 LOT 5 LOT 4 LOT 3 OUTLOT A INFILTRATION BASIN BOT: 941.70 OUT: 942.50 HWL: 944.79 E O F 9 4 6 . 0 100' Principal Structure Setback from Long Lake Creek 20' Wetland Buffer 30' Wetland Buffer 30' Wetland Buffer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ul 22, 2020 - 11:40am - User:Csyverson L:\PROJECTS\20658.03\CAD\Civil\Sheets\20658.03-L3-TREE.dwg L3.01 TREE - TREE INVENTORY PLAN Project Location Date Submittal / RevisionNo. Certification Sheet Title Summary Revision History Sheet No.Revision Project No. By Designed:Drawn: Approved:Book / Page: Phase:Initial Issue: Client GORDON JAMES CONSTRUCTION 5159 MAIN STREET SUITE 200 MAPLE PLAIN, MN 55359 ORCHARD HILL OF ORONO ORONO, MN JEB CJS ETL PRELIMINARY 04/22/2020 20658.03 Registration No.Date: I hereby certify that this survey, plan or report was prepared by me or under my direct supervision and that I am a duly Licensed LANDSCAPE ARCHITECT under the laws of the State of Minnesota. This certification is not valid unless wet signed in blue ink. If applicable, contact us for a wet signed copy of this survey which is available upon request at Sambatek, Minnetonka, MN office. 02/20/202040252 William L. Delaney 04/22/20 City Submittal 05/01/20 MCWD Submittal 05/04/20 City Resubmittal 07/22/20 City Resubmittal THE SUBSURFACE UTILITY INFORMATION SHOWN ON THESE PLANS IS A UTILITY QUALITY LEVEL D. THIS QUALITY LEVEL WAS DETERMINED ACCORDING TO THE GUIDELINES OF ASCE/CI 38-02, TITLED "STANDARD GUIDELINES FOR THE COLLECTION AND DEPICTION OF EXISTING SUBSURFACE UTILITY DATA." THE CONTRACTOR AND/OR SUBCONTRACTORS SHALL DETERMINE THE EXACT LOCATION OF ALL EXISTING UTILITIES BEFORE COMMENCING WORK, BY CONTACTING THE NOTIFICATION CENTER (GOPHER STATE ONE FOR MINNESOTA). THE CONTRACTOR AND/OR SUBCONTRACTOR AGREE TO BE FULLY RESPONSIBLE FOR ANY AND ALL DAMAGES, WHICH MIGHT BE OCCASIONED BY HIS OR HER FAILURE TO EXACTLY LOCATE AND PRESERVE ANY AND ALL UTILITIES (UNDERGROUND AND OVERHEAD). IF THE CONTRACTOR ENCOUNTERS ANY DRAIN TILE WITHIN THE SITE, HE OR SHE SHALL NOTIFY THE ENGINEER WITH THE LOCATION, SIZE, INVERT AND IF THE TILE LINE IS ACTIVE. NO DRAIN TILE SHALL BE BACKFILLED WITHOUT APPROVAL FROM THE PROJECT ENGINEER. IT SHALL BE THE RESPONSIBILITY OF THE CONTRACTOR TO RELOCATE ALL EXISTING UTILITIES WHICH CONFLICT WITH THE PROPOSED IMPROVEMENTS SHOWN ON THE PLANS. LEGEND EASEMENT CURB & GUTTER BUILDING RETAINING WALL SAWCUT LINE NUMBER OF PARKING STALLS PER ROW SIGN PIPE BOLLARD STANDARD DUTY ASPHALT PAVING PROPERTY LIMIT EXISTINGPROPOSED KEY NOTE WETLAND LIMITS TREELINE XX XX PAVEMENT BY OTHERS (SEE ARCHITECTURAL PLANS) TREE DATA KEYED TO # IS LOCATED ON SHEET L.02 TREE REVIEWED FOR GRADING IMPACT TO CRITICAL ROOT ZONE CALCULATED AS FOLLOWS FOR DECIDUOUS = 1.5 X DIAMETER IN FEET = RADIUS FOR CONIFEROUS = HEIGHT / 5 = RADIUS OR 5' MIN. RADIUS TREE TO BE REMOVED BECAUSE 30% OF CRITICAL ROOT ZONE DISTURBED TREE # 822 30' RED PINE POOR CONDITION TREE# 872 9" GREEN ASH GOOD CONDITION Jul 22, 2020 - 11:37am - User:Csyverson L:\PROJECTS\20658.03\CAD\Civil\Sheets\20658.03-L3-TREE.dwg L3.02 TREE INVENTORY DATA Project Location Date Submittal / RevisionNo. Certification Sheet Title Summary Revision History Sheet No.Revision Project No. By Designed:Drawn: Approved:Book / Page: Phase:Initial Issue: Client GORDON JAMES CONSTRUCTION 5159 MAIN STREET SUITE 200 MAPLE PLAIN, MN 55359 ORCHARD HILL OF ORONO ORONO, MN JEB CJS ETL PRELIMINARY 04/22/2020 20658.03 Registration No.Date: I hereby certify that this survey, plan or report was prepared by me or under my direct supervision and that I am a duly Licensed LANDSCAPE ARCHITECT under the laws of the State of Minnesota. This certification is not valid unless wet signed in blue ink. If applicable, contact us for a wet signed copy of this survey which is available upon request at Sambatek, Minnetonka, MN office. 02/20/202040252 William L. Delaney 04/22/20 City Submittal 05/01/20 MCWD Submittal 05/04/20 City Resubmittal 07/22/20 City Resubmittal TREE TAGGING - 20658 Tag ID No.DBH Tree Species Latin Condition Comments 670 19 Green Ash Fraxinus pennsylvanica Good 671 11 Green Ash Fraxinus pennsylvanica Good 672 8 Green Ash Fraxinus pennsylvanica Poor L 673 14 Green Ash Fraxinus pennsylvanica Good 674 19 Green Ash Fraxinus pennsylvanica Good 675 13 Green Ash Fraxinus pennsylvanica Good 676 12 Green Ash Fraxinus pennsylvanica Good 677 7 American Elm Ulmus americana Poor L 678 10 Box Elder Acer negundo Poor L 679 9 Hackberry Celtis occidentalis Good 680 6 Box Elder Acer negundo Poor L 681 14 Green Ash Fraxinus pennsylvanica Poor I 682 9 Black Cherry Prunus serotina Good 683 8 Green Ash Fraxinus pennsylvanica Poor L 684 16 Green Ash Fraxinus pennsylvanica Good 685 10 Sugar Maple Acer saccharum Poor L 686 12 Green Ash Fraxinus pennsylvanica Good 687 7 Green Ash Fraxinus pennsylvanica Good 688 8 Green Ash Fraxinus pennsylvanica Good 689 13 Green Ash Fraxinus pennsylvanica Poor L 690 11 Green Ash Fraxinus pennsylvanica Poor L 691 8 Green Ash Fraxinus pennsylvanica Poor L, I 692 6 Green Ash Fraxinus pennsylvanica Good 693 10 Green Ash Fraxinus pennsylvanica Good 694 13 Green Ash Fraxinus pennsylvanica Poor L 695 17 Green Ash Fraxinus pennsylvanica Good 696 16 Green Ash Fraxinus pennsylvanica Good 697 12 Green Ash Fraxinus pennsylvanica Good 698 13 Green Ash Fraxinus pennsylvanica Good 699 10 Green Ash Fraxinus pennsylvanica Good 700 13 Green Ash Fraxinus pennsylvanica Good 701 15 Basswood Tilia americana Good 702 9 Green Ash Fraxinus pennsylvanica Poor L 703 7 Green Ash Fraxinus pennsylvanica Good 704 12 Green Ash Fraxinus pennsylvanica Good 705 17 Green Ash Fraxinus pennsylvanica Good 706 8 Green Ash Fraxinus pennsylvanica Poor L, I 707 10 Green Ash Fraxinus pennsylvanica Good 708 6 Hackberry Celtis occidentalis Good 709 19 Black Walnut Juglans nigra Good 710 10 Green Ash Fraxinus pennsylvanica Good 711 14 Green Ash Fraxinus pennsylvanica Good 712 6 Green Ash Fraxinus pennsylvanica Good 713 13 Green Ash Fraxinus pennsylvanica Good 714 6 Quaking Aspen Populus tremuloides Poor L 715 7 Green Ash Fraxinus pennsylvanica Good 716 8 Green Ash Fraxinus pennsylvanica Good 717 9 Green Ash Fraxinus pennsylvanica Good 718 9 Green Ash Fraxinus pennsylvanica Good 719 11 Green Ash Fraxinus pennsylvanica Good 720 7 Green Ash Fraxinus pennsylvanica Good 721 11 American Elm Ulmus americana Good 722 9 Green Ash Fraxinus pennsylvanica Good 723 25 Red Cedar Juniperus virginiana Good 724 13 Green Ash Fraxinus pennsylvanica Good 725 7 Green Ash Fraxinus pennsylvanica Poor L 726 13 Green Ash Fraxinus pennsylvanica Good 727 6 Green Ash Fraxinus pennsylvanica Good 728 12 Green Ash Fraxinus pennsylvanica Good 729 6 Green Ash Fraxinus pennsylvanica Poor L 730 12 Green Ash Fraxinus pennsylvanica Good 731 9 American Elm Ulmus americana Poor L 732 12 Green Ash Fraxinus pennsylvanica Poor L 733 15 Green Ash Fraxinus pennsylvanica Poor L 734 8 Green Ash Fraxinus pennsylvanica Poor L 735 13 Green Ash Fraxinus pennsylvanica Poor L 736 13 Green Ash Fraxinus pennsylvanica Poor L 737 13 Box Elder Acer negundo Poor L 738 11 Green Ash Fraxinus pennsylvanica Poor L 739 10 Green Ash Fraxinus pennsylvanica Poor L 740 15 Box Elder Acer negundo Poor L, I 741 23 Box Elder Acer negundo Poor L, I 742 14 Box Elder Acer negundo Poor L, I 743 6 American Elm Ulmus americana Good 744 8 Green Ash Fraxinus pennsylvanica Good 745 24 Box Elder Acer negundo Poor L, I 746 6 Hackberry Celtis occidentalis Good 747 6 Box Elder Acer negundo Poor L, I 748 13 Box Elder Acer negundo Poor L, I 749 7 Green Ash Fraxinus pennsylvanica Good 750 12 Box Elder Acer negundo Poor 751 11 Box Elder Acer negundo Poor L 752 13 Box Elder Acer negundo Poor L, I 753 14 Green Ash Fraxinus pennsylvanica Good 754 11 Green Ash Fraxinus pennsylvanica Good 755 14 Green Ash Fraxinus pennsylvanica Good 756 12 Green Ash Fraxinus pennsylvanica Good 757 13 Green Ash Fraxinus pennsylvanica Good 758 6 Green Ash Fraxinus pennsylvanica Good 759 10 Green Ash Fraxinus pennsylvanica Good 760 6 American Elm Ulmus americana Good 761 8 Box Elder Acer negundo Poor L 762 6 Box Elder Acer negundo Poor L 763 13 American Elm Ulmus americana Poor L 764 12 Black Walnut Juglans nigra Good 765 12 Box Elder Acer negundo Poor L 766 6 American Elm Ulmus americana Good 767 6 Apple Malus spp Good 768 8 Green Ash Fraxinus pennsylvanica Good 769 12 Green Ash Fraxinus pennsylvanica Good 770 18 Box Elder Acer negundo Good 771 6 Box Elder Acer negundo Poor L 772 8 Green Ash Fraxinus pennsylvanica Poor L 773 8 American Elm Ulmus americana Good 774 6 Green Ash Fraxinus pennsylvanica Good 775 12 Green Ash Fraxinus pennsylvanica Poor L 776 10 Green Ash Fraxinus pennsylvanica Good 777 6 Apple Malus spp Poor L 778 11 American Elm Ulmus americana Poor I - broke 779 6 American Elm Ulmus americana Good 780 8 American Elm Ulmus americana Good 781 6 American Elm Ulmus americana Good 782 14 Box Elder Acer negundo Poor L, I 783 12 Box Elder Acer negundo Poor L, I 784 6 Apple Malus spp Poor L 785 8 American Elm Ulmus americana Good 786 8 Green Ash Fraxinus pennsylvanica Good 787 10 Green Ash Fraxinus pennsylvanica Good 788 10 American Elm Ulmus americana Good 789 11 American Elm Ulmus americana Good 790 15 Green Ash Fraxinus pennsylvanica Good 791 11 Box Elder Acer negundo Poor L 792 6 American Elm Ulmus americana Good 793 10 Box Elder Acer negundo Poor I 794 9 American Elm Ulmus americana Good 795 15 Box Elder Acer negundo Poor L 796 16 Box Elder Acer negundo Poor L, I 797 10 Green Ash Fraxinus pennsylvanica Poor L 798 10 Box Elder Acer negundo Poor L 799 20 Box Elder Acer negundo Poor L, I 800 10 Box Elder Acer negundo Poor L 801 6 Green Ash Fraxinus pennsylvanica Poor L 802 9 Box Elder Acer negundo Poor L, I 803 8 Box Elder Acer negundo Poor L 804 10 Box Elder Acer negundo Poor L 805 18 Box Elder Acer negundo Poor L 806 8 Box Elder Acer negundo Poor L 807 11 Box Elder Acer negundo Poor L 808 17 Box Elder Acer negundo Poor L 809 9 Box Elder Acer negundo Poor L 810 25 Red Pine Pinus resinosa Good 811 25 Red Pine Pinus resinosa Good 812 25 Red Cedar Juniperus virginiana Good 813 40 Red Pine Pinus resinosa Good 814 35 Red Cedar Juniperus virginiana Good 815 40 Red Pine Pinus resinosa Good 816 35 Red Cedar Juniperus virginiana Good 817 40 Red Pine Pinus resinosa Good 818 35 Red Cedar Juniperus virginiana Good 819 23 Box Elder Acer negundo Poor L, I 820 10 Hackberry Celtis occidentalis Good 821 6 Hackberry Juglans nigra Good 822 30 Red Pine Pinus resinosa Poor S - 1/2 Dead 823 30 Red Cedar Juniperus virginiana Good 824 30 Red Cedar Juniperus virginiana Good 825 11 Box Elder Acer negundo Poor L, I 826 12 Black Walnut Juglans nigra Poor L 827 40 Red Cedar Juniperus virginiana Good 828 25 Red Cedar Juniperus virginiana Good 829 12 Green Ash Fraxinus pennsylvanica Good 830 6 Green Ash Fraxinus pennsylvanica Poor L 831 17 Box Elder Acer negundo Poor L 832 6 Box Elder Acer negundo Poor L 833 35 Red Cedar Juniperus virginiana Good 834 30 Red Cedar Juniperus virginiana Good 835 12 American Elm Ulmus americana Poor L 836 7 American Elm Ulmus americana Good 837 12 American Elm Ulmus americana Good 838 19 Green Ash Fraxinus pennsylvanica Good 839 15 Green Ash Fraxinus pennsylvanica Good 840 10 American Elm Ulmus americana Good 841 6 Box Elder Acer negundo Good 842 13 Box Elder Acer negundo Poor L, I 843 16 Box Elder Acer negundo Poor L, I 844 7 Box Elder Acer negundo Good 845 23 Box Elder Acer negundo Poor L, I 846 10 Green Ash Fraxinus pennsylvanica Good 847 7 Green Ash Fraxinus pennsylvanica Good 848 7 Green Ash Fraxinus pennsylvanica Good 849 10 Hackberry Celtis occidentalis Good 850 12 Green Ash Fraxinus pennsylvanica Poor I 851 6 Box Elder Acer negundo Poor L 852 6 Box Elder Acer negundo Poor L 853 8 Box Elder Acer negundo Poor L 854 8 Green Ash Fraxinus pennsylvanica Good 855 6 Green Ash Fraxinus pennsylvanica Good 856 14 Green Ash Fraxinus pennsylvanica Poor L, I 857 8 Box Elder Acer negundo Poor L 858 9 Green Ash Fraxinus pennsylvanica Poor L 859 6 Green Ash Fraxinus pennsylvanica Poor L 860 8 Box Elder Acer negundo Poor L 861 8 Box Elder Acer negundo Poor L 862 7 Box Elder Acer negundo Poor L 863 11 Box Elder Acer negundo Poor L 864 7 Box Elder Acer negundo Poor L 865 50 White Pine Pinus strobus Good 866 50 White Pine Pinus strobus Good 867 25 White Pine Pinus strobus Good 868 50 Balsam Fir Abies balsamea Poor S - 1/2 Dead 869 50 Balsam Fir Abies balsamea Good 870 50 Balsam Fir Abies balsamea Good 871 45 Balsam Fir Abies balsamea Good 872 9 Green Ash Fraxinus pennsylvanica Good 873 20 Red Cedar Juniperus virginiana Good 874 20 Red Cedar Juniperus virginiana Good 875 12 Red Cedar Juniperus virginiana Good 876 40 Balsam Fir Abies balsamea Good 877 40 Balsam Fir Abies balsamea Good 878 40 Balsam Fir Abies balsamea Poor S - Sparse 879 12 Green Ash Fraxinus pennsylvanica Poor MS 880 40 Balsam Fir Abies balsamea Good 881 40 Balsam Fir Abies balsamea Good 882 10 Green Ash Fraxinus pennsylvanica Poor MS 883 8 Green Ash Fraxinus pennsylvanica Poor MS 884 6 Green Ash Fraxinus pennsylvanica Poor MS 885 6 Green Ash Fraxinus pennsylvanica Poor MS 886 7 Green Ash Fraxinus pennsylvanica Good 887 35 Red Cedar Juniperus virginiana Good 888 25 Red Cedar Juniperus virginiana Poor MS 889 7 Green Ash Fraxinus pennsylvanica Good 890 20 Red Cedar Juniperus virginiana Poor MS 891 19 Green Ash Fraxinus pennsylvanica Good 892 15 Green Ash Fraxinus pennsylvanica Good 893 35 Red Cedar Juniperus virginiana Good 894 35 Red Cedar Juniperus virginiana Good 895 35 Red Cedar Juniperus virginiana Good 896 35 Red Cedar Juniperus virginiana Good 897 30 Red Cedar Juniperus virginiana Good 898 30 Red Cedar Juniperus virginiana Good 899 20 Red Cedar Juniperus virginiana Good 900 15 Red Cedar Juniperus virginiana Good 901 13 Green Ash Fraxinus pennsylvanica Poor MS 902 14 Green Ash Fraxinus pennsylvanica Poor MS 903 9 Green Ash Fraxinus pennsylvanica Good 904 11 Green Ash Fraxinus pennsylvanica Good 905 9 Green Ash Fraxinus pennsylvanica Good 906 15 Siberian Elm Ulmus pumula Poor MS 907 10 Green Ash Fraxinus pennsylvanica Poor MS 908 6 Green Ash Fraxinus pennsylvanica Poor MS 909 19 Box Elder Acer negundo Poor L 910 18 Green Ash Fraxinus pennsylvanica Poor MS 911 18 Green Ash Fraxinus pennsylvanica Poor L, I 912 14 Green Ash Fraxinus pennsylvanica Poor L, I 913 15 Green Ash Fraxinus pennsylvanica Good 914 11 Green Ash Fraxinus pennsylvanica Good 915 15 Green Ash Fraxinus pennsylvanica Good 916 10 Green Ash Fraxinus pennsylvanica Good 917 7 Green Ash Fraxinus pennsylvanica Good 918 8 Green Ash Fraxinus pennsylvanica Good 919 8 Green Ash Fraxinus pennsylvanica Good 920 6 Green Ash Fraxinus pennsylvanica Good 921 9 American Elm Ulmus americana Good 922 6 Green Ash Fraxinus pennsylvanica Good 923 15 Green Ash Fraxinus pennsylvanica Good 924 15 Green Ash Fraxinus pennsylvanica Good 925 12 Green Ash Fraxinus pennsylvanica Good 926 12 Box Elder Acer negundo Poor L, I 927 16 Green Ash Fraxinus pennsylvanica Good 928 18 Green Ash Fraxinus pennsylvanica Good 929 10 Green Ash Fraxinus pennsylvanica Good 930 12 Green Ash Fraxinus pennsylvanica Good 931 6 Box Elder Acer negundo Poor MS 932 8 Box Elder Acer negundo Poor S 933 8 Box Elder Acer negundo Poor I 934 9 Box Elder Acer negundo Poor 935 8 Box Elder Acer negundo Good 936 6 Box Elder Acer negundo Poor L 937 11 American Elm Ulmus americana Good 938 21 Green Ash Fraxinus pennsylvanica Good 939 6 Green Ash Fraxinus pennsylvanica Good 940 17 Box Elder Acer negundo Poor MS 941 17 Box Elder Acer negundo Good 942 16 Green Ash Fraxinus pennsylvanica Good 943 12 Box Elder Acer negundo Good 944 7 Green Ash Fraxinus pennsylvanica Good 945 7 Green Ash Fraxinus pennsylvanica Good 946 6 Green Ash Fraxinus pennsylvanica Good 947 6 Green Ash Fraxinus pennsylvanica Good 948 17 American Elm Ulmus americana Good 949 11 Box Elder Acer negundo Good 950 15 Box Elder Acer negundo Poor MS 951 6 Green Ash Fraxinus pennsylvanica Poor L 952 6 Green Ash Fraxinus pennsylvanica Good 953 6 Green Ash Fraxinus pennsylvanica Good 954 11 Green Ash Fraxinus pennsylvanica Good 955 14 Box Elder Acer negundo Good 956 23 Green Ash Fraxinus pennsylvanica Good 957 12 Green Ash Fraxinus pennsylvanica Good 958 15 Green Ash Fraxinus pennsylvanica Good 959 6 American Elm Ulmus americana Good 960 20 Green Ash Fraxinus pennsylvanica Poor L, I 961 6 Green Ash Fraxinus pennsylvanica Good 962 6 Green Ash Fraxinus pennsylvanica Good 963 11 Green Ash Fraxinus pennsylvanica Good 964 10 Green Ash Fraxinus pennsylvanica Good 965 14 Green Ash Fraxinus pennsylvanica Good 966 6 Green Ash Fraxinus pennsylvanica Good 967 6 Green Ash Fraxinus pennsylvanica Good 968 9 Green Ash Fraxinus pennsylvanica Good 969 9 Green Ash Fraxinus pennsylvanica Good 970 6 Green Ash Fraxinus pennsylvanica Good 971 6 Green Ash Fraxinus pennsylvanica Poor L 972 13 Green Ash Fraxinus pennsylvanica Good 973 12 Green Ash Fraxinus pennsylvanica Good 974 17 Green Ash Fraxinus pennsylvanica Good 975 7 Green Ash Fraxinus pennsylvanica Good 976 11 Green Ash Fraxinus pennsylvanica Good 977 12 Green Ash Fraxinus pennsylvanica Poor I 978 11 Box Elder Acer negundo Good 979 7 Green Ash Fraxinus pennsylvanica Good 980 9 Green Ash Fraxinus pennsylvanica Good 981 7 Green Ash Fraxinus pennsylvanica Good 982 9 Green Ash Fraxinus pennsylvanica Good 983 11 Green Ash Fraxinus pennsylvanica Good 984 11 Green Ash Fraxinus pennsylvanica Good 985 7 Green Ash Fraxinus pennsylvanica Good 986 9 Green Ash Fraxinus pennsylvanica Good 987 14 Green Ash Fraxinus pennsylvanica Good 988 8 Green Ash Fraxinus pennsylvanica Good 989 8 Green Ash Fraxinus pennsylvanica Good 990 7 Green Ash Fraxinus pennsylvanica Good 991 6 Green Ash Fraxinus pennsylvanica Good 992 6 Green Ash Fraxinus pennsylvanica Good 993 7 American Elm Ulmus americana Good 994 8 Green Ash Fraxinus pennsylvanica Good 995 6 Green Ash Fraxinus pennsylvanica Good 996 8 Green Ash Fraxinus pennsylvanica Good 997 20 Green Ash Fraxinus pennsylvanica Good 998 6 American Elm Ulmus americana Good 999 6 American Elm Ulmus americana Good 1000 6 Green Ash Fraxinus pennsylvanica Good 1001 8 American Elm Ulmus americana Good 1002 11 Green Ash Fraxinus pennsylvanica Good 1003 18 Green Ash Fraxinus pennsylvanica Good 1004 6 Green Ash Fraxinus pennsylvanica Good 1005 6 Green Ash Fraxinus pennsylvanica Good 1006 11 Green Ash Fraxinus pennsylvanica Good 1007 6 American Elm Ulmus americana Good 1008 24 Box Elder Acer negundo Poor L, I 1009 6 American Elm Ulmus americana Good 1010 16 American Elm Ulmus americana Good 1011 11 Green Ash Fraxinus pennsylvanica Good 1012 10 Box Elder Acer negundo Poor L 1013 11 Green Ash Fraxinus pennsylvanica Good 1014 7 Box Elder Acer negundo Poor 1015 6 Green Ash Fraxinus pennsylvanica Good 1016 9 Green Ash Fraxinus pennsylvanica Good 1017 13 Green Ash Fraxinus pennsylvanica Good 1018 7 Green Ash Fraxinus pennsylvanica Good 1019 6 Green Ash Fraxinus pennsylvanica Good 1020 14 Green Ash Fraxinus pennsylvanica Good 1021 8 Green Ash Fraxinus pennsylvanica Good 1022 8 Green Ash Fraxinus pennsylvanica Good 1023 17 Green Ash Fraxinus pennsylvanica Good 1024 6 Green Ash Fraxinus pennsylvanica Good 1025 8 Green Ash Fraxinus pennsylvanica Good 1026 7 Sugar Maple Acer saccharum Good 1027 9 Green Ash Fraxinus pennsylvanica Good 1028 12 Green Ash Fraxinus pennsylvanica Good 1029 15 Black Cherry Prunus serotina Good 1030 6 American Elm Ulmus americana Good 1031 13 Green Ash Fraxinus pennsylvanica Good 1032 26 Green Ash Fraxinus pennsylvanica Poor S - Sparse 1033 8 Green Ash Fraxinus pennsylvanica Good 1034 6 Green Ash Fraxinus pennsylvanica Poor L 1035 8 American Elm Ulmus americana Good 1036 6 Green Ash Fraxinus pennsylvanica Good 1037 10 American Elm Ulmus americana Good 1038 6 Green Ash Fraxinus pennsylvanica Good 1039 10 Green Ash Fraxinus pennsylvanica Poor MS 1040 10 Green Ash Fraxinus pennsylvanica Good 1041 8 American Elm Ulmus americana Good 1042 14 Green Ash Fraxinus pennsylvanica Good 1043 9 Green Ash Fraxinus pennsylvanica Good 1044 15 Green Ash Fraxinus pennsylvanica Good 1045 8 Green Ash Fraxinus pennsylvanica Good 1046 11 Green Ash Fraxinus pennsylvanica Good 1047 11 Box Elder Acer negundo Good 1048 13 Green Ash Fraxinus pennsylvanica Good 1049 22 Green Ash Fraxinus pennsylvanica Good 1050 13 Box Elder Acer negundo Good 1051 11 Box Elder Acer negundo Poor MS 1052 15 Black Cherry Prunus serotina Good 1053 12 Green Ash Fraxinus pennsylvanica Good 1054 18 Green Ash Fraxinus pennsylvanica Good 1055 7 Green Ash Fraxinus pennsylvanica Good 1056 9 Green Ash Fraxinus pennsylvanica Good 1057 25 Red Cedar Juniperus virginiana Poor S - Sparse 1058 7 Green Ash Fraxinus pennsylvanica Good 1059 7 Green Ash Fraxinus pennsylvanica Good 1060 6 Green Ash Fraxinus pennsylvanica Good 1061 9 Green Ash Fraxinus pennsylvanica Good 1062 12 Green Ash Fraxinus pennsylvanica Good 1063 16 Box Elder Acer negundo Poor L 1064 6 Green Ash Fraxinus pennsylvanica Good 1065 13 Box Elder Acer negundo Good 1066 20 Red Cedar Juniperus virginiana Good 1067 8 Box Elder Acer negundo Poor I 1068 11 Green Ash Fraxinus pennsylvanica Good 1069 12 American Elm Ulmus americana Good 1070 30 Red Cedar Juniperus virginiana Good 1071 6 Green Ash Fraxinus pennsylvanica Good 1072 12 Green Ash Fraxinus pennsylvanica Good 1073 7 Green Ash Fraxinus pennsylvanica Good 1074 11 Green Ash Fraxinus pennsylvanica Good 1075 13 Green Ash Fraxinus pennsylvanica Good 1076 10 Green Ash Fraxinus pennsylvanica Good 1077 6 American Elm Ulmus americana Good 1078 13 Black Cherry Prunus serotina Good 1079 8 Green Ash Fraxinus pennsylvanica Good 1080 12 Green Ash Fraxinus pennsylvanica Good 1081 8 Box Elder Acer negundo Good 1082 13 Box Elder Acer negundo Good 1083 8 Box Elder Acer negundo Good 1084 6 American Elm Ulmus americana Good 1085 21 Box Elder Acer negundo Poor L 1086 23 Box Elder Acer negundo Poor L, I 1087 15 Box Elder Acer negundo Poor L 1088 6 Green Ash Fraxinus pennsylvanica Poor L 1089 12 Box Elder Acer negundo Poor L, I 1090 6 Green Ash Fraxinus pennsylvanica Good 1091 8 Green Ash Fraxinus pennsylvanica Good 1092 11 River Birch Betula nigra Poor L 1093 40 White Pine Pinus strobus Good 1094 50 White Pine Pinus strobus Excellent 1095 16 Silver Maple Acer saccharinum Good 1096 8 Green Ash Fraxinus pennsylvanica Good 1097 7 Green Ash Fraxinus pennsylvanica Good 1098 9 Green Ash Fraxinus pennsylvanica Poor MS - Split 1099 9 Green Ash Fraxinus pennsylvanica Poor 1100 50 Red Pine Pinus resinosa Good 1101 13 Silver Maple Acer saccharinum Poor MS - Split 1102 45 Red Pine Pinus resinosa Good 1103 7 Siberian Elm Ulmus pumula Good 1104 8 Green Ash Fraxinus pennsylvanica Poor MS - Split 1105 19 Box Elder Acer negundo Good 1106 13 Green Ash Fraxinus pennsylvanica Good 1107 9 Green Ash Fraxinus pennsylvanica Good 1108 6 Green Ash Fraxinus pennsylvanica Good 1109 7 Green Ash Fraxinus pennsylvanica Good 1110 7 Green Ash Fraxinus pennsylvanica Good 1111 12 Sugar Maple Acer saccharum Poor MS - Split 1112 6 Green Ash Fraxinus pennsylvanica Good 1113 9 Green Ash Fraxinus pennsylvanica Good 1114 12 Sugar Maple Acer saccharum Good 1115 9 Green Ash Fraxinus pennsylvanica Good 1116 9 Green Ash Fraxinus pennsylvanica Good 1117 7 Sugar Maple Acer saccharum Good 1118 6 Green Ash Fraxinus pennsylvanica Good 1119 11 Sugar Maple Acer saccharum Good 1120 21 Black Cherry Prunus serotina Good 1121 10 Sugar Maple Acer saccharum Good 1122 7 Green Ash Fraxinus pennsylvanica Good 1123 11 Sugar Maple Acer saccharum Good 1124 8 Sugar Maple Acer saccharum Good 1125 27 Green Ash Fraxinus pennsylvanica Poor L, I 1126 7 American Elm Ulmus americana Good 1127 7 Green Ash Fraxinus pennsylvanica Good 1128 8 Green Ash Fraxinus pennsylvanica Good 1129 11 Green Ash Fraxinus pennsylvanica Good 1130 17 Green Ash Fraxinus pennsylvanica Poor MS - Split 1131 13 Green Ash Fraxinus pennsylvanica Poor I 1132 11 Green Ash Fraxinus pennsylvanica Good 1133 8 Green Ash Fraxinus pennsylvanica Good 1134 11 Green Ash Fraxinus pennsylvanica Good 1135 11 Green Ash Fraxinus pennsylvanica Good 1136 12 Green Ash Fraxinus pennsylvanica Good 1137 8 Green Ash Fraxinus pennsylvanica Good 1138 17 Green Ash Fraxinus pennsylvanica Good 1139 16 Green Ash Fraxinus pennsylvanica Good 1140 14 Green Ash Fraxinus pennsylvanica Good 1141 19 Green Ash Fraxinus pennsylvanica Good 1142 13 Green Ash Fraxinus pennsylvanica Good 1143 13 Green Ash Fraxinus pennsylvanica Good 1144 11 Green Ash Fraxinus pennsylvanica Good 1145 14 Green Ash Fraxinus pennsylvanica Good 1146 9 Green Ash Fraxinus pennsylvanica Good 1147 7 Green Ash Fraxinus pennsylvanica Good 1148 14 Green Ash Fraxinus pennsylvanica Good 1149 16 Green Ash Fraxinus pennsylvanica Poor MS - Split 1150 12 Green Ash Fraxinus pennsylvanica Good 1151 8 Green Ash Fraxinus pennsylvanica Good 1152 12 Box Elder Acer negundo Poor L, I 1153 8 Green Ash Fraxinus pennsylvanica Good 1154 9 Green Ash Fraxinus pennsylvanica Good 1155 6 Green Ash Fraxinus pennsylvanica Good 1156 9 Green Ash Fraxinus pennsylvanica Good 1157 13 Green Ash Fraxinus pennsylvanica Good 1158 6 Green Ash Fraxinus pennsylvanica Good 1159 11 Green Ash Fraxinus pennsylvanica Good 1160 13 Green Ash Fraxinus pennsylvanica Good 1161 12 Green Ash Fraxinus pennsylvanica Good 1162 7 Green Ash Fraxinus pennsylvanica Good 1163 6 Green Ash Fraxinus pennsylvanica Good 1164 17 Green Ash Fraxinus pennsylvanica Poor S - 1/2 Dead 1165 17 Green Ash Fraxinus pennsylvanica Good 1166 12 Green Ash Fraxinus pennsylvanica Good 1167 11 Green Ash Fraxinus pennsylvanica Good 1168 11 Green Ash Fraxinus pennsylvanica Good 1169 6 Green Ash Fraxinus pennsylvanica Good 1170 6 Green Ash Fraxinus pennsylvanica Good 1171 11 Green Ash Fraxinus pennsylvanica Good 1172 8 Green Ash Fraxinus pennsylvanica Good 1173 8 Green Ash Fraxinus pennsylvanica Good 1174 13 Green Ash Fraxinus pennsylvanica Good 1175 7 Red Oak Quercus rubra Good 1176 27 Box Elder Acer negundo Good 1177 14 Green Ash Fraxinus pennsylvanica Good 1178 7 Green Ash Fraxinus pennsylvanica Good 1179 12 Green Ash Fraxinus pennsylvanica Good 1180 12 Green Ash Fraxinus pennsylvanica Good 1181 12 Green Ash Fraxinus pennsylvanica Good 1182 9 Green Ash Fraxinus pennsylvanica Good 1183 11 Green Ash Fraxinus pennsylvanica Good 1184 12 Green Ash Fraxinus pennsylvanica Good 1185 11 Green Ash Fraxinus pennsylvanica Good 1186 6 Green Ash Fraxinus pennsylvanica Good 1187 30 Red Cedar Juniperus virginiana Good 1188 9 Green Ash Fraxinus pennsylvanica Good 1189 6 Green Ash Fraxinus pennsylvanica Good 1190 6 Green Ash Fraxinus pennsylvanica Good 1191 6 Green Ash Fraxinus pennsylvanica Good 1192 7 Green Ash Fraxinus pennsylvanica Good 1193 8 Green Ash Fraxinus pennsylvanica Good 1194 6 Red Oak Quercus rubra Good 1195 7 Red Oak Quercus rubra Good 1196 12 Red Oak Quercus rubra Good 1197 12 Red Oak Quercus rubra Good 1198 7 Red Oak Quercus rubra Good 1199 10 Red Oak Quercus rubra Good 1200 10 Red Oak Quercus rubra Good 1201 6 Red Oak Quercus rubra Good 1202 6 Red Oak Quercus rubra Good 1203 12 Red Oak Quercus rubra Good 1204 14 Red Oak Quercus rubra Good 1205 11 Red Oak Quercus rubra Good 1206 6 Red Oak Quercus rubra Good 1207 10 Red Oak Quercus rubra Good 1208 6 Red Oak Quercus rubra Good 1209 13 Red Oak Quercus rubra Good 1210 14 Red Oak Quercus rubra Good 1211 13 White Oak Quercus alba Good 1212 8 Green Ash Fraxinus pennsylvanica Good 1213 8 Green Ash Fraxinus pennsylvanica Good 1214 22 Red Oak Quercus rubra Good 1215 15 Red Oak Quercus rubra Good 1216 9 Green Ash Fraxinus pennsylvanica Good 1217 6 Green Ash Fraxinus pennsylvanica Good 1218 12 Black Cherry Prunus serotina Good 1219 8 Red Oak Quercus rubra Good 1220 6 Red Oak Quercus rubra Good 1221 6 Green Ash Fraxinus pennsylvanica Good 1222 6 Green Ash Fraxinus pennsylvanica Good 1223 7 White Oak Quercus alba Good 1224 20 Red Cedar Juniperus virginiana Good 1225 7 White Oak Quercus alba Good 1226 19 Red Oak Quercus rubra Good 1227 11 Red Oak Quercus rubra Good 1228 11 Red Oak Quercus rubra Good 1229 27 Red Oak Quercus rubra Good 1230 13 Red Oak Quercus rubra Good 1231 10 Red Oak Quercus rubra Good 1232 12 Red Oak Quercus rubra Good 1233 13 Red Oak Quercus rubra Good 1234 9 Red Oak Quercus rubra Good 1235 14 Red Oak Quercus rubra Good 1236 12 Red Oak Quercus rubra Good 1237 11 Red Oak Quercus rubra Good 1238 12 Red Oak Quercus rubra Good 1239 7 Red Oak Quercus rubra Good 1240 8 Red Oak Quercus rubra Good 1241 9 Red Oak Quercus rubra Good 1242 12 Red Oak Quercus rubra Good 1243 9 Red Oak Quercus rubra Good 1244 12 Red Oak Quercus rubra Good 1245 10 Green Ash Fraxinus pennsylvanica Good 1246 29 Red Oak Quercus rubra Good 1247 26 Red Oak Quercus rubra Good 1248 23 Red Oak Quercus rubra Good 1249 26 Red Oak Quercus rubra Good 1250 6 Green Ash Fraxinus pennsylvanica Good 1251 8 Green Ash Fraxinus pennsylvanica Good 1252 40 Red Pine Pinus resinosa Good 1253 7 Green Ash Fraxinus pennsylvanica Good 1254 33 Red Oak Quercus rubra Good 1255 24 Red Oak Quercus rubra Poor MS - Split 1256 13 Red Oak Quercus rubra Good 1257 10 Red Oak Quercus rubra Good 1258 13 Red Oak Quercus rubra Good 1259 15 Red Oak Quercus rubra Good 1260 11 Red Oak Quercus rubra Good 1261 14 Red Oak Quercus rubra Good 1262 12 Red Oak Quercus rubra Good 1263 17 Red Oak Quercus rubra Good 1264 20 Red Oak Quercus rubra Good 1265 8 Red Oak Quercus rubra Good 1266 10 Red Oak Quercus rubra Good 1267 12 Quaking Aspen Populus tremuloides Poor S - Sparse 1268 10 Red Oak Quercus rubra Good 1269 7 Red Oak Quercus rubra Good 1270 14 Green Ash Fraxinus pennsylvanica Good 1271 30 Red Cedar Juniperus virginiana Poor L 1272 8 Green Ash Fraxinus pennsylvanica Poor L 1273 11 Green Ash Fraxinus pennsylvanica Good 1274 10 Green Ash Fraxinus pennsylvanica Good 1275 7 Green Ash Fraxinus pennsylvanica Good 1276 9 Green Ash Fraxinus pennsylvanica Good 1277 13 Green Ash Fraxinus pennsylvanica Good 1278 7 Green Ash Fraxinus pennsylvanica Good 1279 6 Green Ash Fraxinus pennsylvanica Good 1280 9 Green Ash Fraxinus pennsylvanica Good 1281 9 Green Ash Fraxinus pennsylvanica Good 1282 7 Green Ash Fraxinus pennsylvanica Good 1283 11 Green Ash Fraxinus pennsylvanica Good 1284 7 Green Ash Fraxinus pennsylvanica Good 1285 9 Green Ash Fraxinus pennsylvanica Good 1286 14 Green Ash Fraxinus pennsylvanica Good 1287 21 Box Elder Acer negundo Poor MS - Split 1288 9 White Oak Quercus alba Good 1289 20 Box Elder Acer negundo Poor I 1290 14 Box Elder Acer negundo Good 1291 13 Green Ash Fraxinus pennsylvanica Good 1292 11 Green Ash Fraxinus pennsylvanica Good 1293 11 Box Elder Acer negundo Good 1294 6 Green Ash Fraxinus pennsylvanica Good 1295 11 Box Elder Acer negundo Good 1296 13 Green Ash Fraxinus pennsylvanica Good 1297 11 Green Ash Fraxinus pennsylvanica Good 1298 21 Red Oak Quercus rubra Good 1299 17 Red Oak Quercus rubra Good 1300 11 Red Oak Quercus rubra Good 1301 12 Red Oak Quercus rubra Good 1302 14 Red Oak Quercus rubra Good 1303 10 Red Oak Quercus rubra Good 1304 22 Red Oak Quercus rubra Good 1305 6 Green Ash Fraxinus pennsylvanica Good 1306 18 Red Oak Quercus rubra Good 1307 31 Red Oak Quercus rubra Good 1308 13 American Elm Ulmus americana Good 1309 16 Red Oak Quercus rubra Good 1310 15 Red Oak Quercus rubra Good 1311 15 Red Oak Quercus rubra Good 1312 6 Red Oak Quercus rubra Good 1313 12 Red Oak Quercus rubra Good 1314 6 Green Ash Fraxinus pennsylvanica Good 1315 6 Red Oak Quercus rubra Good 1316 12 Red Oak Quercus rubra Good 1317 9 Red Oak Quercus rubra Good 1318 6 Quaking Aspen Populus tremuloides Good 1319 14 Red Oak Quercus rubra Poor L, I, MS - Split 1320 8 Red Oak Quercus rubra Good 1321 8 Red Oak Quercus rubra Good 1322 14 Red Oak Quercus rubra Good 1323 6 Red Oak Quercus rubra Good 1324 36 Red Oak Quercus rubra Good 1325 7 Green Ash Fraxinus pennsylvanica Good 1326 33 Red Oak Quercus rubra Good 1327 13 American Elm Ulmus americana Good 1328 9 American Elm Ulmus americana Good 1329 22 Red Oak Quercus rubra Good 1330 9 Quaking Aspen Populus tremuloides Poor S - Sparse 1331 8 Quaking Aspen Populus tremuloides Poor L 1332 7 Quaking Aspen Populus tremuloides Poor L 1333 12 Quaking Aspen Populus tremuloides Poor L 1334 9 Quaking Aspen Populus tremuloides Poor L 1335 16 Red Oak Quercus rubra Good 1336 10 Quaking Aspen Populus tremuloides Good 1337 7 Quaking Aspen Populus tremuloides Poor L 1338 7 Quaking Aspen Populus tremuloides Poor L 1339 15 Red Oak Quercus rubra Good 1340 14 Red Oak Quercus rubra Good 1341 10 Red Oak Quercus rubra Good 1342 14 Quaking Aspen Populus tremuloides Poor L 1343 12 Red Oak Quercus rubra Good 1344 6 Red Oak Quercus rubra Good 1345 12 Red Oak Quercus rubra Good 1346 22 Red Oak Quercus rubra Good 1347 9 Red Oak Quercus rubra Good 1348 13 Red Oak Quercus rubra Good 1349 8 Red Oak Quercus rubra Good 1350 7 Red Oak Quercus rubra Good 1351 12 Red Oak Quercus rubra Good 1352 15 Red Oak Quercus rubra Good 1353 9 Red Oak Quercus rubra Good 1354 14 Red Oak Quercus rubra Poor MS - Split 1355 22 Red Oak Quercus rubra Good 1356 14 Red Oak Quercus rubra Good 1357 26 Red Oak Quercus rubra Good 1358 26 Green Ash Fraxinus pennsylvanica Good 1359 8 Quaking Aspen Populus tremuloides Poor S 1360 11 Quaking Aspen Populus tremuloides Poor S 1361 11 American Elm Populus tremuloides Good 1362 9 Quaking Aspen Populus tremuloides Poor S 1363 9 Quaking Aspen Populus tremuloides Poor S 1364 8 Quaking Aspen Populus tremuloides Poor S 1365 9 Quaking Aspen Populus tremuloides Poor S 1366 9 Quaking Aspen Populus tremuloides Poor S 1367 7 Quaking Aspen Populus tremuloides Poor S 1368 9 Quaking Aspen Populus tremuloides Poor S 1369 9 Quaking Aspen Populus tremuloides Good 1370 9 Quaking Aspen Populus tremuloides Good 1371 11 Hackberry Celtis occidentalis Good 1372 21 Red Oak Quercus rubra Good 1373 10 Black Cherry Prunus serotina Poor S 1374 10 Black Cherry Prunus serotina Good 1375 9 American Elm Ulmus americana Good 1376 16 Green Ash Fraxinus pennsylvanica Poor S 1377 24 Red Oak Quercus rubra Poor S 1378 29 White Oak Quercus alba Good 1379 6 Box Elder Acer negundo Poor L 1380 33 White Oak Quercus alba Good 1381 6 Box Elder Acer negundo Good 1382 14 Red Oak Quercus rubra Good 1383 7 Green Ash Fraxinus pennsylvanica Good 1384 8 Black Cherry Prunus serotina Good 1385 10 Black Cherry Prunus serotina Good 1386 7 Green Ash Fraxinus pennsylvanica Good 1387 16 Box Elder Acer negundo Poor L, I 1388 12 Green Ash Fraxinus pennsylvanica Good 1389 14 Red Oak Quercus rubra Good 1390 17 Red Oak Quercus rubra Good 1391 7 Red Oak Quercus rubra Poor L 1392 7 Box Elder Acer negundo Poor L, MS 1393 18 Red Oak Quercus rubra Good 1394 12 Green Ash Fraxinus pennsylvanica Poor MS 1395 26 Red Oak Quercus rubra Good 1396 12 Red Oak Quercus rubra Good 1397 14 Red Oak Quercus rubra Poor S 1398 33 White Oak Quercus alba Good 1399 14 Red Oak Quercus rubra Poor MS 1400 20 Red Oak Quercus rubra Good 1401 12 Red Oak Quercus rubra Good 1402 6 Red Oak Quercus rubra Good 1403 7 Red Oak Quercus rubra Good 1404 24 Red Oak Quercus rubra Good 1405 9 Red Oak Quercus rubra Good 1406 6 Red Oak Quercus rubra Good 1407 12 Red Oak Quercus rubra Good 1408 14 Red Oak Quercus rubra Good 1409 14 Red Oak Quercus rubra Poor MS 1410 6 Red Oak Quercus rubra Good 1411 13 Red Oak Quercus rubra Good 1412 12 Red Oak Quercus rubra Good 1413 12 Red Oak Quercus rubra Good 1414 14 Red Oak Quercus rubra Poor L 1415 12 Black Cherry Prunus serotina Good 1416 18 Red Oak Quercus rubra Good 1417 17 Red Oak Quercus rubra Good 1418 13 Red Oak Quercus rubra Good 1419 14 Basswood Tilia americana Good 1420 16 Green Ash Fraxinus pennsylvanica Good 1421 9 Red Oak Quercus rubra Good 1422 30 Box Elder Acer negundo Poor L, I 1423 11 American Elm Ulmus americana Good 1424 9 Box Elder Acer negundo Good 1425 14 Box Elder Acer negundo Poor L, I 1426 17 Green Ash Fraxinus pennsylvanica Good 1427 9 American Elm Ulmus americana Good 1428 31 Box Elder Acer negundo Poor L, I 1429 10 Green Ash Fraxinus pennsylvanica Good 1430 24 Box Elder Acer negundo Poor L, I 1431 18 Box Elder Acer negundo Poor L, I, MS - Split 1432 10 American Elm Ulmus americana Good 1433 12 American Elm Ulmus americana Good 1434 12 Box Elder Acer negundo Poor L, I 1435 17 Box Elder Acer negundo Poor L, I 1436 8 Green Ash Fraxinus pennsylvanica Good 1437 6 Green Ash Fraxinus pennsylvanica Good 1438 6 Green Ash Fraxinus pennsylvanica Poor L 1439 6 American Elm Ulmus americana Good 1440 15 American Elm Ulmus americana Good 1441 8 American Elm Ulmus americana Good 1442 13 Box Elder Acer negundo Good 1443 13 Box Elder Acer negundo Poor L, I, S - Broke? 1444 34 Box Elder Acer negundo Poor L, I, MS 1445 17 Box Elder Acer negundo Good 1446 18 Box Elder Acer negundo Poor L, I 1447 12 Box Elder Acer negundo Poor L, I, MS 1448 18 American Elm Ulmus americana Good 1449 6 Green Ash Fraxinus pennsylvanica Good 1450 10 American Elm Ulmus americana Good 1451 11 Green Ash Fraxinus pennsylvanica Good 1452 6 Green Ash Fraxinus pennsylvanica Good 1453 8 Green Ash Fraxinus pennsylvanica Good 1454 11 Green Ash Fraxinus pennsylvanica Good 1455 12 Green Ash Fraxinus pennsylvanica Good 1456 14 American Elm Ulmus americana Good 1457 11 Green Ash Fraxinus pennsylvanica Good 1458 11 Green Ash Fraxinus pennsylvanica Poor L, I 1459 11 Green Ash Fraxinus pennsylvanica Good 1460 34 American Elm Ulmus americana Good 1461 7 Green Ash Fraxinus pennsylvanica Good 1462 30 Red Cedar Juniperus virginiana Poor L 1463 8 Box Elder Acer negundo Good 1464 7 Box Elder Acer negundo Good 1465 11 American Elm Ulmus americana Good 1466 10 Box Elder Acer negundo Good 1467 19 Box Elder Acer negundo Good 1468 14 Box Elder Acer negundo Good 1469 6 American Elm Ulmus americana Good 1470 14 American Elm Ulmus americana Good 1471 27 Box Elder Acer negundo Poor L, I 1472 8 Green Ash Fraxinus pennsylvanica Good 1473 6 American Elm Ulmus americana Good 1474 7 American Elm Ulmus americana Good 1475 12 Box Elder Acer negundo Good 1476 6 American Elm Ulmus americana Good 1477 7 Hackberry Celtis occidentalis Good 1478 13 Box Elder Acer negundo Poor L, I, MS 1479 12 Box Elder Acer negundo Poor I, MS 1480 14 Box Elder Acer negundo Poor MS 1481 9 Hackberry Celtis occidentalis Good 1482 7 Green Ash Fraxinus pennsylvanica Good 1483 6 American Elm Ulmus americana Poor L, I 1484 15 Box Elder Acer negundo Poor L, I, MS 1485 12 American Elm Ulmus americana Good 1486 14 Box Elder Acer negundo Poor L, I, MS 1487 7 Green Ash Fraxinus pennsylvanica Good 1488 14 Box Elder Acer negundo Poor MS 1489 17 Box Elder Acer negundo Poor L 1490 15 Box Elder Acer negundo Poor L, I 1491 12 American Elm Ulmus americana Good 1492 19 Green Ash Fraxinus pennsylvanica Good 1493 9 American Elm Ulmus americana Good 1494 6 Box Elder Tilia americana Poor L, I, MS 1495 11 Hackberry Celtis occidentalis Good 1496 19 Box Elder Acer negundo Poor L, I, MS 1497 9 American Elm Ulmus americana Good 1498 6 Green Ash Fraxinus pennsylvanica Good 1499 26 Box Elder Acer negundo Poor L, I 1500 6 Silver Maple Acer saccharinum Poor L, I 1501 14 Box Elder Acer negundo Poor L, I, MS 1502 14 Black Cherry Prunus serotina Good 1503 30 Red Cedar Juniperus virginiana Poor MS, S 1504 10 Green Ash Fraxinus pennsylvanica Poor MS, S 1505 7 Green Ash Fraxinus pennsylvanica Good 1506 23 Red Oak Quercus rubra Good 1507 13 Sugar Maple Acer saccharum Good 1508 12 Box Elder Acer negundo Poor L, I, MS 1509 10 Box Elder Acer negundo Good 1510 14 American Elm Ulmus americana Good 1511 12 Green Ash Fraxinus pennsylvanica Good 1512 11 Box Elder Acer negundo Poor L, I 1513 15 Green Ash Fraxinus pennsylvanica Good 1514 17 American Elm Ulmus americana Good 1515 9 Green Ash Ulmus americana Good 1516 6 Green Ash Fraxinus pennsylvanica Good 1517 14 Green Ash Fraxinus pennsylvanica Good 1518 7 American Elm Ulmus americana Good 1519 12 Green Ash Fraxinus pennsylvanica Good 1520 10 Green Ash Fraxinus pennsylvanica Good 1521 10 Box Elder Acer negundo Good 1522 13 Green Ash Fraxinus pennsylvanica Good 1523 6 Green Ash Fraxinus pennsylvanica Good 1524 16 Box Elder Acer negundo Poor L, I 1525 18 Box Elder Acer negundo Poor L, I, MS 1526 28 Box Elder Acer negundo Poor MS 1527 14 Box Elder Acer negundo Poor L, I, MS 1528 11 Box Elder Acer negundo Poor L, I 1529 9 Box Elder Acer negundo Poor L 1530 23 Box Elder Acer negundo Good 1531 7 Green Ash Fraxinus pennsylvanica Good 1532 11 Green Ash Fraxinus pennsylvanica Good 1533 15 Green Ash Fraxinus pennsylvanica Good 1534 7 Green Ash Fraxinus pennsylvanica Good 1535 8 Box Elder Acer negundo Good 1536 8 Box Elder Acer negundo Good 1537 7 Box Elder Acer negundo Good 1538 10 American Elm Ulmus americana Good 1539 11 Green Ash Fraxinus pennsylvanica Poor L 1540 10 American Elm Ulmus americana Good 1541 10 American Elm Ulmus americana Good 1542 16 Box Elder Acer negundo Good 1543 6 American Elm Ulmus americana Good 1544 12 Box Elder Acer negundo Poor L, I 1545 15 Green Ash Fraxinus pennsylvanica Good 1546 8 White Oak Quercus alba Good 1547 14 Green Ash Fraxinus pennsylvanica Good 1548 21 Box Elder Acer negundo Good 1549 6 Red Oak Quercus rubra Good 1550 12 Green Ash Fraxinus pennsylvanica Good 1551 9 Green Ash Fraxinus pennsylvanica Good 1552 11 Box Elder Acer negundo Good 1553 11 Green Ash Fraxinus pennsylvanica Good 1554 12 Box Elder Acer negundo Poor L 1555 12 Green Ash Fraxinus pennsylvanica Good 1556 8 American Elm Ulmus americana Good 1557 9 American Elm Ulmus americana Good 1558 21 Box Elder Acer negundo Poor L, I, MS 1559 23 Box Elder Acer negundo Poor L, I, MS 1560 6 Green Ash Fraxinus pennsylvanica Good 1561 10 Green Ash Fraxinus pennsylvanica Good 1562 13 Green Ash Fraxinus pennsylvanica Good 1563 12 Box Elder Acer negundo Good 1564 12 Box Elder Acer negundo Good 1565 16 Box Elder Acer negundo Poor l 1566 8 Box Elder Acer negundo Poor L 1567 10 Box Elder Acer negundo Good 1568 7 Green Ash Fraxinus pennsylvanica Good 1569 8 Box Elder Acer negundo Good 1570 23 Box Elder Acer negundo Poor L 1571 16 Box Elder Acer negundo Poor L, I 1572 13 Box Elder Acer negundo Poor L, I, MS 1573 7 Green Ash Fraxinus pennsylvanica Good 1574 15 Green Ash Fraxinus pennsylvanica Good 1575 11 Green Ash Fraxinus pennsylvanica Good 1576 8 Green Ash Fraxinus pennsylvanica Good 1577 8 American Elm Ulmus americana Good 1578 6 American Elm Ulmus americana Good 1579 18 Green Ash Fraxinus pennsylvanica Good 1580 11 Green Ash Fraxinus pennsylvanica Good 1581 12 Green Ash Fraxinus pennsylvanica Good 1582 17 American Elm Ulmus americana Good 1583 6 Green Ash Fraxinus pennsylvanica Good 1584 9 Green Ash Fraxinus pennsylvanica Good 1585 6 Green Ash Fraxinus pennsylvanica Good 1586 10 Green Ash Fraxinus pennsylvanica Good 1587 10 Green Ash Fraxinus pennsylvanica Good 1588 7 Green Ash Fraxinus pennsylvanica Good 1589 6 Green Ash Fraxinus pennsylvanica Good 1590 7 Green Ash Fraxinus pennsylvanica Good 1591 17 Box Elder Acer negundo Poor L, I, MS 1592 18 Box Elder Acer negundo Poor L, I, MS 1593 16 Box Elder Acer negundo Poor L, I, MS 1594 13 American Elm Ulmus americana Good 1595 14 Box Elder Acer negundo Poor L, I 1596 17 Box Elder Acer negundo Poor L, I 1597 6 Green Ash Fraxinus pennsylvanica Good 1598 18 Box Elder Acer negundo Poor L, I, MS 1599 12 Green Ash Fraxinus pennsylvanica Poor L 1600 10 Green Ash Fraxinus pennsylvanica Good 1601 6 Green Ash Fraxinus pennsylvanica Good 1602 24 Green Ash Fraxinus pennsylvanica Good 1603 6 Green Ash Fraxinus pennsylvanica Good 1604 7 Green Ash Fraxinus pennsylvanica Good 1605 11 Green Ash Fraxinus pennsylvanica Good 1606 11 Green Ash Fraxinus pennsylvanica Good 1607 6 Green Ash Fraxinus pennsylvanica Good 1608 6 Green Ash Fraxinus pennsylvanica Good 1609 6 Green Ash Fraxinus pennsylvanica Good 1610 7 Green Ash Fraxinus pennsylvanica Good 1611 6 Green Ash Fraxinus pennsylvanica Good 1612 8 Green Ash Fraxinus pennsylvanica Good 1613 40 Red Cedar Juniperus virginiana Good 1614 10 Green Ash Fraxinus pennsylvanica Good 1615 10 Green Ash Fraxinus pennsylvanica Poor MS 1616 8 Green Ash Fraxinus pennsylvanica Good 1617 7 Green Ash Fraxinus pennsylvanica Good 1618 6 Green Ash Fraxinus pennsylvanica Good 1619 7 Green Ash Fraxinus pennsylvanica Good 1620 6 Green Ash Fraxinus pennsylvanica Good 1621 6 Green Ash Fraxinus pennsylvanica Good 1622 6 Green Ash Fraxinus pennsylvanica Good 1623 6 Green Ash Fraxinus pennsylvanica Good 1624 6 Green Ash Fraxinus pennsylvanica Good 1625 7 Green Ash Fraxinus pennsylvanica Good 1626 7 Green Ash Fraxinus pennsylvanica Good 1627 6 Green Ash Fraxinus pennsylvanica Good 1628 6 Green Ash Fraxinus pennsylvanica Good 1629 7 Green Ash Fraxinus pennsylvanica Good 1630 8 Green Ash Fraxinus pennsylvanica Good 1631 7 Green Ash Fraxinus pennsylvanica Good 1632 7 Green Ash Fraxinus pennsylvanica Good 1633 10 Green Ash Fraxinus pennsylvanica Good 1634 6 Green Ash Fraxinus pennsylvanica Good 1635 11 Green Ash Fraxinus pennsylvanica Good 1636 10 Green Ash Fraxinus pennsylvanica Good 1637 11 Black Cherry Prunus serotina Poor L, I, MS 1638 6 Green Ash Fraxinus pennsylvanica Good 1639 10 American Elm Ulmus americana Good 1640 8 Green Ash Fraxinus pennsylvanica Good 1641 12 Green Ash Fraxinus pennsylvanica Good 1642 12 Green Ash Fraxinus pennsylvanica Good 1643 9 Green Ash Fraxinus pennsylvanica Good 1644 9 Green Ash Fraxinus pennsylvanica Good 1645 6 Green Ash Fraxinus pennsylvanica Good 1646 9 Green Ash Fraxinus pennsylvanica Good 1647 7 Green Ash Fraxinus pennsylvanica Good 1648 13 Black Cherry Prunus serotina Poor MS 1649 6 Green Ash Fraxinus pennsylvanica Good 1650 13 Green Ash Fraxinus pennsylvanica Good 1651 7 Green Ash Fraxinus pennsylvanica Good 1652 6 Green Ash Fraxinus pennsylvanica Good 1653 8 Green Ash Fraxinus pennsylvanica Good 1654 7 Green Ash Fraxinus pennsylvanica Good 1655 8 American Elm Ulmus americana Good 1656 6 American Elm Ulmus americana Good 1657 11 Green Ash Fraxinus pennsylvanica Good 1658 6 Green Ash Fraxinus pennsylvanica Poor L 1659 12 Box Elder Acer negundo Poor L 1660 22 Box Elder Acer negundo Poor I 1661 11 Green Ash Fraxinus pennsylvanica Good 1662 9 Green Ash Fraxinus pennsylvanica Good 1663 8 Green Ash Fraxinus pennsylvanica Poor I 1664 13 American Elm Ulmus americana Good 1665 25 American Elm Ulmus americana Good 1666 18 Green Ash Fraxinus pennsylvanica Good 1667 13 Green Ash Fraxinus pennsylvanica Good 1668 13 Green Ash Fraxinus pennsylvanica Good 1669 8 Green Ash Fraxinus pennsylvanica Good 1670 10 Green Ash Fraxinus pennsylvanica Good 1671 15 Green Ash Fraxinus pennsylvanica Good 1672 10 Green Ash Fraxinus pennsylvanica Good 1673 18 Green Ash Fraxinus pennsylvanica Good 1674 6 Green Ash Fraxinus pennsylvanica Good 1675 11 Green Ash Fraxinus pennsylvanica Good 1676 8 American Elm Ulmus americana Good 1677 10 Green Ash Fraxinus pennsylvanica Good 1678 16 Green Ash Fraxinus pennsylvanica Good 1679 14 Green Ash Fraxinus pennsylvanica Good 1680 16 Box Elder Acer negundo Good 1681 32 Box Elder Acer negundo Good 1682 12 Box Elder Acer negundo Good 1683 22 Box Elder Acer negundo Good 1684 16 Green Ash Fraxinus pennsylvanica Good 1685 15 Green Ash Fraxinus pennsylvanica Good 1686 6 Green Ash Fraxinus pennsylvanica Good 1687 13 Green Ash Fraxinus pennsylvanica Good 1688 7 Green Ash Fraxinus pennsylvanica Good 1689 7 Green Ash Fraxinus pennsylvanica Good 1690 12 Green Ash Fraxinus pennsylvanica Good 1691 11 Green Ash Fraxinus pennsylvanica Good 1692 13 Green Ash Fraxinus pennsylvanica Good 1693 8 Green Ash Fraxinus pennsylvanica Good 1694 8 Green Ash Fraxinus pennsylvanica Poor S - 1/2 Dead 1695 13 Green Ash Fraxinus pennsylvanica Good 1696 13 Green Ash Fraxinus pennsylvanica Good 1697 12 Green Ash Fraxinus pennsylvanica Good 1698 13 Green Ash Fraxinus pennsylvanica Good 1699 6 Green Ash Fraxinus pennsylvanica Good 1700 6 Green Ash Fraxinus pennsylvanica Poor S 1701 8 Green Ash Fraxinus pennsylvanica Good 1702 7 Green Ash Fraxinus pennsylvanica Good 1703 6 American Elm Ulmus americana Good 1704 6 Green Ash Fraxinus pennsylvanica Good 1705 10 Green Ash Fraxinus pennsylvanica Good 1706 12 Green Ash Fraxinus pennsylvanica Good 1707 7 Green Ash Fraxinus pennsylvanica Good 1708 6 American Elm Ulmus americana Good 1709 11 Green Ash Fraxinus pennsylvanica Good 1710 8 Green Ash Fraxinus pennsylvanica Good 1711 6 American Elm Ulmus americana Good 1712 6 Green Ash Fraxinus pennsylvanica Good 1713 7 Green Ash Fraxinus pennsylvanica Good 1714 6 Green Ash Fraxinus pennsylvanica Good 1715 7 Green Ash Fraxinus pennsylvanica Good 1716 6 Green Ash Fraxinus pennsylvanica Good 1717 7 Box Elder Acer negundo Poor L 1718 20 Red Cedar Juniperus virginiana Poor S 1719 8 Green Ash Fraxinus pennsylvanica Good 1720 9 Box Elder Acer negundo Poor L 1721 20 Red Cedar Juniperus virginiana Poor S 1722 20 Red Cedar Juniperus virginiana Poor S 1723 30 Red Cedar Juniperus virginiana Good 1724 6 Green Ash Fraxinus pennsylvanica Good 1725 11 Green Ash Fraxinus pennsylvanica Good 1726 10 Box Elder Acer negundo Poor L 1727 12 Green Ash Fraxinus pennsylvanica Good 1728 14 Green Ash Fraxinus pennsylvanica Good 1729 6 Green Ash Fraxinus pennsylvanica Good 1730 6 Green Ash Fraxinus pennsylvanica Good 1731 12 Green Ash Fraxinus pennsylvanica Poor I 1732 6 Green Ash Fraxinus pennsylvanica Good 1733 11 Box Elder Acer negundo Good 1734 14 Green Ash Fraxinus pennsylvanica Good 1735 13 Box Elder Acer negundo Good 1736 14 Box Elder Acer negundo Poor L, I 1737 10 Green Ash Fraxinus pennsylvanica Good 1738 12 Green Ash Fraxinus pennsylvanica Good 1739 11 Green Ash Fraxinus pennsylvanica Poor I 1740 13 Box Elder Acer negundo Poor MS 1741 8 Green Ash Fraxinus pennsylvanica Good 1742 9 Green Ash Fraxinus pennsylvanica Poor MS 1743 22 Green Ash Fraxinus pennsylvanica Good 1744 11 Box Elder Acer negundo Good 1745 11 Box Elder Acer negundo Good 1746 19 Box Elder Acer negundo Good 1747 12 Box Elder Acer negundo Poor L 1748 13 American Elm Ulmus americana Good 1749 10 Box Elder Acer negundo Poor L 1750 15 Box Elder Acer negundo Poor L 1751 15 Box Elder Acer negundo Poor L 1752 8 Green Ash Fraxinus pennsylvanica Good 1753 8 Box Elder Acer negundo Good 1754 10 Box Elder Acer negundo Poor L 1755 12 Green Ash Fraxinus pennsylvanica Poor L 1756 8 Box Elder Acer negundo Good 1757 12 Box Elder Acer negundo Poor L 1758 27 Box Elder Acer negundo Poor L, MS 1759 21 Box Elder Acer negundo Poor L, MS 1760 7 Black Ash Fraxinus nigra Good 1761 17 Box Elder Acer negundo Poor L 1762 8 Box Elder Acer negundo Poor L, I 1763 8 Box Elder Acer negundo Poor L, I 1764 11 Box Elder Acer negundo Poor L, I 1765 12 Box Elder Acer negundo Poor L, I 1766 11 Box Elder Acer negundo Poor L, I 1767 16 Box Elder Acer negundo Poor L, I 1768 13 Box Elder Acer negundo Poor L 1769 21 Box Elder Acer negundo Good 1770 19 Box Elder Acer negundo Poor L 1771 14 Box Elder Acer negundo Poor L 1772 21 Box Elder Acer negundo Poor L 1773 7 Green Ash Fraxinus pennsylvanica Good 1774 16 Box Elder Acer negundo Good 1775 19 Box Elder Acer negundo Poor L, I 1776 9 Green Ash Fraxinus pennsylvanica Good 1777 13 Box Elder Acer negundo Poor L 1778 12 Box Elder Acer negundo Poor L 1779 12 American Elm Ulmus americana Good 1780 10 Box Elder Acer negundo Poor L, I 1781 12 Box Elder Acer negundo Poor L, I, MS 1782 19 Box Elder Acer negundo Poor L, I, MS 1783 10 Green Ash Fraxinus pennsylvanica Good 1784 10 Box Elder Acer negundo Poor L, MS 1785 22 Green Ash Fraxinus pennsylvanica Good 1786 35 Red Cedar Juniperus virginiana Good 1787 12 Box Elder Acer negundo Poor L 1788 13 Box Elder Acer negundo Poor L 1789 7 Box Elder Acer negundo Poor L 1790 7 Green Ash Fraxinus pennsylvanica Good 1791 9 Box Elder Acer negundo Good 1792 13 Box Elder Acer negundo Good 1793 9 Box Elder Acer negundo Poor L, I, MS 1794 9 Box Elder Acer negundo Good 1795 16 Green Ash Fraxinus pennsylvanica Good 1796 8 Box Elder Acer negundo Poor L, I 1797 6 American Elm Ulmus americana Good 1798 12 Green Ash Fraxinus pennsylvanica Good 1799 14 Green Ash Fraxinus pennsylvanica Good 1800 7 Green Ash Fraxinus pennsylvanica Good 1801 6 Box Elder Acer negundo Poor L 1802 11 Green Ash Fraxinus pennsylvanica Poor L 1803 7 Green Ash Fraxinus pennsylvanica Good 1804 7 Box Elder Acer negundo Good 1805 11 Green Ash Fraxinus pennsylvanica Good 1806 9 Green Ash Fraxinus pennsylvanica Good 1807 8 Green Ash Fraxinus pennsylvanica Good 1808 14 Green Ash Fraxinus pennsylvanica Good 1809 11 Green Ash Fraxinus pennsylvanica Good 1810 30 Red Cedar Juniperus virginiana Poor MS 1811 35 Red Cedar Juniperus virginiana Poor S 1812 35 Red Cedar Juniperus virginiana Good 1813 35 Red Cedar Juniperus virginiana Good 1814 11 Green Ash Fraxinus pennsylvanica Poor MS 1815 8 Green Ash Fraxinus pennsylvanica Poor MS 1816 6 Green Ash Fraxinus pennsylvanica Good 1817 12 Green Ash Fraxinus pennsylvanica Poor L 1818 11 Green Ash Fraxinus pennsylvanica Good 1819 7 Green Ash Fraxinus pennsylvanica Good 1820 8 Green Ash Fraxinus pennsylvanica Good 1821 7 Green Ash Fraxinus pennsylvanica Poor MS 1822 6 Green Ash Fraxinus pennsylvanica Good 1823 9 Green Ash Fraxinus pennsylvanica Good 1824 8 Green Ash Fraxinus pennsylvanica Good 1825 7 Green Ash Fraxinus pennsylvanica Poor MS 1826 11 Green Ash Fraxinus pennsylvanica Poor MS 1827 8 Green Ash Fraxinus pennsylvanica Good 1828 6 Green Ash Fraxinus pennsylvanica Good 1829 6 Green Ash Fraxinus pennsylvanica Good 1830 7 Green Ash Fraxinus pennsylvanica Good 1831 6 Green Ash Fraxinus pennsylvanica Good 1832 12 Green Ash Fraxinus pennsylvanica Poor MS 1833 6 Green Ash Fraxinus pennsylvanica Good 1834 11 Green Ash Fraxinus pennsylvanica Good 1835 6 Green Ash Fraxinus pennsylvanica Good 1836 6 Green Ash Fraxinus pennsylvanica Good 1837 8 Green Ash Fraxinus pennsylvanica Good 1838 7 Green Ash Fraxinus pennsylvanica Good 1839 6 Green Ash Fraxinus pennsylvanica Good 1840 6 Green Ash Fraxinus pennsylvanica Good 1841 8 Green Ash Fraxinus pennsylvanica Poor MS 1842 7 Green Ash Fraxinus pennsylvanica Poor MS 1843 8 Green Ash Fraxinus pennsylvanica Poor MS 1844 6 Green Ash Fraxinus pennsylvanica Poor MS 1845 9 Green Ash Fraxinus pennsylvanica Good 1846 8 Green Ash Fraxinus pennsylvanica Poor MS 1847 7 Green Ash Fraxinus pennsylvanica Poor MS 1848 7 Green Ash Fraxinus pennsylvanica Good 1849 6 Green Ash Fraxinus pennsylvanica Good 1850 8 Green Ash Fraxinus pennsylvanica Poor MS 1851 6 Green Ash Fraxinus pennsylvanica Good 1852 6 Green Ash Fraxinus pennsylvanica Good 1853 7 Green Ash Fraxinus pennsylvanica Good 1854 7 Green Ash Fraxinus pennsylvanica Good 1855 6 Green Ash Fraxinus pennsylvanica Poor MS 1856 6 Green Ash Fraxinus pennsylvanica Poor MS 1857 6 Green Ash Fraxinus pennsylvanica Good 1858 40 Red Cedar Juniperus virginiana Poor S 1859 25 Red Cedar Juniperus virginiana Good 1860 20 Red Pine Pinus resinosa Good 1861 30 Red Cedar Juniperus virginiana Poor MS 1862 15 Red Pine Pinus resinosa Excellent 1863 30 Red Cedar Juniperus virginiana Good 1864 30 Red Cedar Juniperus virginiana Good 1865 30 Red Cedar Juniperus virginiana Good 1866 35 Red Cedar Juniperus virginiana Good 1867 15 Red Cedar Juniperus virginiana Good 1868 15 Red Cedar Juniperus virginiana Poor I 1869 8 Green Ash Fraxinus pennsylvanica Good 1870 6 Green Ash Fraxinus pennsylvanica Good 1871 11 Green Ash Fraxinus pennsylvanica Good 1872 7 Green Ash Fraxinus pennsylvanica Good 1873 11 Green Ash Fraxinus pennsylvanica Good 1874 25 Red Cedar Juniperus virginiana Good 1875 7 Green Ash Fraxinus pennsylvanica Good 1876 8 Green Ash Fraxinus pennsylvanica Good 1877 6 Green Ash Fraxinus pennsylvanica Good 1878 6 Box Elder Acer negundo Poor L, I, MS 1879 7 Box Elder Acer negundo Poor L, I, MS LOT 1 LOT 2 LOT 5 LOT 4 LOT 3 OUTLOTA Jul 23, 2020 - 3:29pm - User:jbalzer L:\PROJECTS\20658.03\CAD\Civil\Exhibits\20658.03-MUSA.dwg J u l 2 3 , 2 0 2 0 - 3 : 2 9 p m - U s e r : j b a l z e r L : \ P R O J E C T S \ 2 0 6 5 8 . 0 3 \ C A D \ C i v i l \ E x h i b i t s \ 2 0 6 5 8 . 0 3 - M U S A . d w g Approved: Drawn: Exhibit Number Project No. Issued: Designed: Rev.: Date: GORDON JAMES CONSTRUCTION ORCHARD HILL OF ORONO ORONO, MN MUSA EXHIBIT ETL JEB ETL 07/23/2020 A 20658.03 PROPERTY TO BE ADDED TO MUSA Deadline for decision on Preliminary Plat: December 5, 3030 Deadline for decision on Comp Plan Amendment: September 21, 2020 To: Chair Ressler and Planning Commission Members Dustin Rief, City Administrator From: Jeremy Barnhart, AICP Community Development Director Date: August 17, 2020 Subject: #LA20-30, Eric Luth o/b/o Gordon James Construction, 135 Orono Orchard Road, Preliminary Plat and LA20-50 Comprehensive Plan Amendment Public Hearing Background The Planning Commission reviewed this Preliminary Plat in May, 2020. At that time, the proposal was for 4 single family lots, with all lots being served by on-site septic systems. On June 8th the applicant approached the Council inquiring as to the possibility of expanding the MUSA to serve the property because of the difficulty of finding suitable septic sites for the lots. The City Council conceptually supported the idea, but noted that formal review is necessary. Because of the proposed change in the number of lots and sewerage, staff felt is appropriate to hold a second public hearing on the plat. The Comprehensive Plan Amendment requires a public hearing. Prior to the May 2020 review, this project was reviewed as a sketch plan (LA19-000102) reviewed by the City Council on March 9, 2020. That sketch plan proposed 5 buildable lots on the property. The preliminary plat proposal is generally consistent with the sketch plan. The preliminary plat is shown on Exhibit B. Development plans are provided as Exhibit C. The project is part of a transfer of ownership between the YMCA and Gordon James Construction. County records now show Onyx Performance Investment, LLC as the owner. Statute mandated review period analysis. The Preliminary plat application was received on April 22, 2020, and deemed complete on August 7, 2020. The 120 period for review expires on December 5, 2020. The Comprehensive Plan Amendment application was received on July 23, 2020 and deemed complete then. The 60 day review period expires on September 21, 2020. Proposal - Plat The applicant proposes the subdivision of the 39.4 acre parcel into 5 buildable sites and a new private road. Plat improvements will include the road and associated grading, sanitary sewer and Application Summary: The applicant is requesting preliminary plat approval to subdivide the 39.4 acre parcel into 5 buildable lots. The applicant is also requesting Comprehensive Plan Amendment approval to expand the Municipal Urban Service Area (MUSA) to the subdivision to allow sewer service to all lots. Staff Recommendation: Planning Department Staff recommends approval, subject to conditions including engineering and planning comments. FILE # LA20-30 August 17, 2020 Page 2 of 6 stormwater management improvements. The house sites are not expected to be graded until the building permits for those lots are issued. Consequently, the building height for those lots will be based on the existing grade, not a new engineered grade. The property is bounded on the northwest and west sides by Long Lake Creek. The Luce line forms the southern boundary, and Orono Orchard road forms a portion of the NE boundary, with the rest of the NE boundary private single family residential. The property includes substantial wetlands, with the buildable portion of the property generally located along high ground in the middle of the site, flanking the existing driveway. Current improvements include the driveway mentioned above that serves an existing single family residence on proposed lot 3. There is an easement running generally parallel to the creek on the west and northwest boundaries, but does cut through a portion of the buildable portion of Lot 5. This easement will remain as is. Proposal – Comprehensive Plan Amendment The applicant proposes expanding the MUSA to incorporate the subject parcel. Without the Comprehensive Plan Amendment, the MUSA cannot be expanded, and the parcels are not eligible to be served by sanitary sewer. The Comprehensive plan provides a framework for considering, and ultimately, requesting expansion of the MUSA from the Metropolitan Council. These priorities are listed here: The subject parcel meets priority 2, as it abuts the tributary, Long Lake Creek. The Comprehensive Plan further requires an expansion to meet one of the following conditions. Condition #3 applies to this project: Conditions Expansion of the MUSA on the established prioritized basis noted above will occur only when one of the following conditions is found: 1. When an area of existing homes has failing or non-conforming septic systems and replacement drain field sites are not available for a significant share of the existing homes. 2. When an individual home has a failing or non-conforming septic system, does not have an alternate drain field site, is adjacent to existing sewer lines, and is not part FILE # LA20-30 August 17, 2020 Page 3 of 6 of a neighborhood that could be better served by a neighborhood sewer lateral project. 3. When a new or existing residential development meeting all required development standards is adjacent to existing sewer lines and the developer or homeowners agree to bear all costs of extending municipal sewer to the development, but only when inclusion of such development in the MUSA will not result in a decrease in the City’s sewered density as calculated by the Metropolitan Council. The Commission should note that the calculated city density will drop from 4.684 units per acre to 4.437 units per acre. The City must maintain at least a minimum density of 3.0 units per acre. Analysis Conservation Design Plan The applicants have prepared a Conservation Design Plan, dated April 22, 2020, attached as Exhibit F. The Commission should determine that the plan adequately addresses the natural resource management goals, illustrated below: (1) Protection and enhancement of drainage-ways and water quality; The site is bordered on the north by Long Lake Creek. Structure setbacks of 100 feet apply, though a portion of the road falls within this setback, replacing the existing driveway. There are no alternative locations for a road. Stormwater management is important throughout the city of Orono. The plans include a storm water management plan, currently being reviewed. (2) Protection and enhancement of ecological communities; The property includes a large amount of wetlands and steep slopes. These areas are preserved from development. The Commission and Council may wish to discuss the advantages of conservation easements to further project these areas. (3) Reinforcement and establishment of ecological connections throughout the city; The development is based on Orono’s rural development principals. (4) Augmentation and preservation of view-sheds including corridor enclosure and buffering; The site is well hidden from Orono Orchard Road, and views from the Luce Line are dominated by the environment (wetlands, trees, etc.). The addition of the homes is not likely to negatively impact the views into the area. (5) Preservation and improvement of views; and The location of the homes and the plat improvements are not expected to negatively impact the view into or out of the property. A 3 609 394 154 1 4.684 +68 +64 +353 2 Add 135 Orono Orchard Road (Urban Low Dens)13 0.5 5 4.437 +75 +64 +353 MUSA totals 227.2 1008 3 Notes 135 Orono Orchard Road Net Residential Acres (NRA) Lowest Guided Density Predicted # of units on property Calculated City Density 2021-2030 Growth Difference (deficit) 2031-2040 Growth Difference (deficit) No Change (Current Comprehensive Plan Calculations) "Affordable Housing" Acre units Requirements Affordable Housing Acre Units are the number of acres guided for densities at 8 units/ acre or more x 8. Growth difference is the number of units above (or below) the projected growth for 2021-2030 and 2031-2040 Predicted Density, Based on Net Density Table 3B-4, 2040 CMP Calculated Density is density of all sewered areas in Orono, must be above 3.0 FILE # LA20-30 August 17, 2020 Page 4 of 6 (6) Preservation or reinterpretation of local landmarks. The plan identifies the Luce Line bridge as the dominate landmark in the area is the Luce Line Bridge, beyond the boundaries of the project. Lot Analysis Worksheet This project is developed to be compatible with the RR-1B zoning district. If sewered, the district requires 2 acres of gross lot area, and 0.5 acres of dry buildable land. This district requires 200 feet of lot width. Gross area Buildable Area (acres) Width (feet) Notes Lot 1 2.19 2.07 21* Lot 2 8.17 2.3 130** Cul de sac lot Lot 3 3.53 2.53 200+ Lot abutting tributary Lot 4 7.84 2.0 200+ Lot abutting tributary Lot 5 16.72 2.0 200+*** Lot abutting tributary The area calculations are assumed, based on the sketch plan configuration, final numbers have been requested. Staff has the following comments regarding the subdivision design/ configuration. *Lot width, Lot 1. Lot 1 is a corner lot. The front lot line is the one on Orono Orchard Road, which does not provide adequate width at the building setback. However, the lot width on the new road is more than adequate to provide the necessary lot width for the expected home character. There had been some discussion about creating an outlot for an entrance monument, removing the frontage, though that has not been reflected in the plans. **Lot width, Lot 2. The lot width for a non-lakeshore lot is measured at the “rear of the front yard”. In the RR-1B zoning district, that is 50 feet from the property line. The width for lot 2 is computed as 130 feet, less than the 200 feet required. The Council has been flexible with this requirement for cul de sac lots. ***Buildable area, lot 5. An existing easement runs through the buildable area of lot five, drastically reducing available building sites. Future owners will be constrained by this easement for any improvement, including patios, garages, sheds, etc. It is recommended that this easement be vacated and relocated. The City Council may grant variances from the subdivision code so that substantial justice may be done and the public interest secured, provided that such a variance shall not have the effect of nullifying the intent and purpose of this chapter. Development Sign. The applicants have indicated a desire to place a monument sign at the entrance, though not shown. There is a 100 foot setback from the tributary for buildings/ structures, effectively forcing the sign to be located on the south side of the road. An easement and maintenance document will need to be prepared for a sign on private property. The project includes the development of a new private road extending into the property from Orono Orchard Road. This road appears to meet city standards for length, ROW width, and pavement width. A homeowners association or maintenance document will be required to FILE # LA20-30 August 17, 2020 Page 5 of 6 provide for the protect maintenance of the road. Utilities Stormwater management. The storm water management plan has not been approved by the watershed district or the city engineer, though their comments are provided as Exhibit H. At the time of final plat, a stormwater trunk fee will apply. Staff recommends any approval of the preliminary plat be conditioned on approval of the Watershed district and reflect city engineer comments. Sanitary Sewer. The city engineer has provided comment specific to the sanitary sewer system proposed to run within the right-of-way for the new road, connecting to a ne manhole in Orono Orchard Road. These comments are: 1. The utility plan should include profiles. For the gravity sewer main proposed, if possible the slopes of the pipes from MH 4-MH1 should be increased. 2. The connection point for the Sewer system into the MCES line must be reviewed and approved by MCES as a condition of preliminary plat approval. 3. A sewer extension permit will need to be approved by MCES and MPCA, as a condition of preliminary plat approval. Stormwater Quality. Stormwater Quality Overlay District prescribes stormwater quality standards, a maximum amount of hardcover on a given lot. The subject parcel is in Tier 1, due to its proximity to Long Lake Creek. Upon subdivision, each lot will be assigned a Tier. These assignments have not been completed. It is anticipated that lots 1, 3, 4, and 5 will be Tier 1 (25%) and lot 2 may be Tier 2 (30%). Tier assignments will be made as part of the final plat. All lots proposed are greater than 2.0 acres and are exempt from the structural coverage limitation. Parks. The plan does not include any park area. Park dedication will be satisfied by a cash donation for the 4 new lots. Landscaping. The applicant has not yet provided a landscaping plan. The subdivision code does require one shade tree per 40 feet of right of way. Staff recommends the trees be planted in clumps, a more natural effect rather than in a linear pattern. The plan anticipates the removal of two trees for road construction, and potentially 10 more. The plan does not show or identify the trees that would be removed for house, septic, or driveway construction. The trees that are to be removed are already dead, or small, 9 inches (diameter at breast height, DBH). The trees in danger range in size between 12 inches and 45 inches (DBH) and are a mixture of pine, cedar, and fir. Fees. Based on the 4 new lots in this subdivision, the following fees would be required at the time of final plat. Per Lot fee x Number of New lots =Total fee Stormwater Truck Fee 8,060.00$ 4 32,240.00$ Sanitary sewer Connection 5,380.00$ 5 26,900.00$ SAC fees also due at time of Permit Park dedication 5,550.00$ 4 22,200.00$ Total Fees 81,340.00$ FILE # LA20-30 August 17, 2020 Page 6 of 6 Engineer Comments. Engineer comments were referenced above and are attached as Exhibit H. Public Comments To date, no public comments have been received, though phone calls of interest have. Issues for Consideration 1. Does the Planning Commission feel the project meets the standards of the Conservation Design Plan? 2. Does the Planning Commission have a concern with the formal lot width determination for lots 1 and 2? 3. Does the Planning Commission have comment on a proposed monument sign? 4. Does the commission have any comment regarding the buildability of lot 5? 5. Are there any other issues or concerns with this application? Planning Staff Recommendation A, Planning Staff recommends approval of the Comprehensive Plan Amendment as proposed. B. Planning Staff recommends approval of the subdivision as proposed, subject to the following conditions: 1. Approval of the Comprehensive Plan Amendment for the MUSA expansion 2. Met Council approval of the connection point and permit for the sanitary sewer system. 3. MCWD approval of the stormwater management plan. 4. Council support from the strict reading of lot width standards for Lots 1 and 2. 5. City Engineer comments. 6. Planning staff comments. 7. Provision of a landscape plan. List of Exhibits Exhibit A. Application summary Exhibit B. Proposed Plat Exhibit C. Plans Exhibit D. Applicants Narrative Exhibit E. Comp Plan Amendment Narrative Exhibit F. Conservation Design Summary Exhibit G. Planning Comments and Response Exhibit H. Engineering review Exhibit I. Site pictures Exhibit J. House style pictures Exhibit K. Comp Plan Amendment boundary Exhibit L. Comp Plan Excerpt Exhibit M. Mailing information References LA19-00102 2020-2040 Community Management Plan MINUTES OF THE ORONO PLANNING COMMISSION Monday, August 17, 2020 6:00 o’clock p.m. _____________________________________________________________________________________ Page 1 of 6 3. LA20-000030 and LA20-000050 ERIC LUTH O/B/O YMCA OF METRO MINNEAPOLIS AND GORDON JAMES INC., 135 ORONO ORCHARD ROAD, PRELIMINARY PLAT AND COMPREHENSIVE PLAN AMENDMENT, 7:31 P.M. – 8:07 P.M. John Quinlivan of Gordon James Inc., Applicant, was present. Staff presented a summary packet of information. Barnhart closed the presentation by saying A) Planning Staff recommends approval of the Comprehensive Plan Amendment as proposed. B.) Planning Staff recommends approval of the subdivision as proposed, subject to the following conditions: 1. Approval of the Comprehensive Plan Amendment for the MUSA expansion 2. Met Council approval of the connection point and permit for the sanitary sewer system. 3. MCWD approval of the stormwater management plan. 4. Council support from the strict reading of lot width standards for Lots 1 and 2. 5. City Engineer comments. 6. Planning staff comments. 7. Provision of a landscape plan. Ressler asked if Barnhart could cover the explanation of the Municipal Urban Service Area (MUSA) and how that affects the City’s density, since that is part of the 10-year Comprehensive Plan, he’d like to understand the effects of that one more time. Barnhart noted in the packet there is a worksheet (Table 3B-4) which had been put together with the Comprehensive Plan to show the results if nothing happened (Line 1), or if they pursued the action (Line 2). He said with the current Comprehensive Plan, the calculated City density (the density of all the properties throughout the community that are served by the MUSA) served by sanitary sewer is 4.684. That is important to note as there is property along the lakes that is guided for low density 2 acre lots and they do not want to add more density adjacent to the lake, so they created a capacity in a more recent Comprehensive Plan to allow connection of those larger lots to the City’s septic system without having to add another 50 story apartment building somewhere in town. Barnhart said the Council worked very hard on the last Comprehensive Plan to clarify where it is appropriate to put high density and in certain areas that are marginal, where it is not appropriate to put high density, as it has the rural character that is Orono. By adding that capacity there are certain areas, like the one before the Commission, which is a 13-acre parcel that can support 5 lots; If the City wants to serve that with sanitary sewer, they can do it without too big of a hit or having to add for density elsewhere. He said the Commission may recall a subdivision at 690 Brown Road a couple of years ago, which had 7 lots on 24 acres, again a large lot adjacent to Long Lake which is an impaired water, and allows them to provide sewer to that area without detriment to other areas in the community. Getting back to the chart, Barnhart noted the minimum density must be 3 units an acre or more (part of the Met Council rules) and Orono is at 4.685. With this change, by adding 13 acres, the total amount of acres in MUSA is 227.2 and based on the density guidance of all of that property, they are proposing 1,008 units and the density is 4.437. He said it is above the 3 unit minimum density, noting it’s a bit of a reduction from what they have now but not a huge change. As for the other columns in Table 3B-4, Barnhart noted the Met Council requires each City to identify opportunities for growth in two 10-year periods, the 2021-2030 period and the 2031-2040 period. Looking at all of the growth in the MUSA area, they had to identify a potential for this number of homes, noting the next layer is that the density is fine and the City has opportunities for new homes in the area. MINUTES OF THE ORONO PLANNING COMMISSION Monday, August 17, 2020 6:00 o’clock p.m. _____________________________________________________________________________________ Page 2 of 6 Ressler clarified that when they’re going through the Comprehensive Plan, they are trying to add density to satisfy the Met Council and he wanted to get up to speed on how that is affected on this application. McCutcheon asked Barnhart if they were to extend the MUSA line, the next time the Comprehensive Plan comes around, isn’t this area more likely for the density to be increased since it has the sewer line. He noted they want to maintain the greenspace and what makes Orono awesome, and said it’s kind of a double-edged sword, but he’d prefer the sanitary sewer over a septic tank, especially in areas where septic tanks aren’t the best choice. He is hesitant about increasing the density number and asked if they extend the MUSA line, the next time they look at the Comp Plan and they have to meet these requirements, are the areas with the sewer looked at first for being able to increase density of the City. Barnhart answered he thinks the Development Committee would probably say yes, but the City Council has historically said no. He said they have drawn a distinction between where the line is and where the density is appropriate. He said the location of the sanitary sewer isn’t the only criteria, they also want to look at the natural environment, access, what is next door, etcetera. He noted they may hear those arguments and still get calls now of where the MUSA is, asking if they can add high density next door to that area. Barnhart’s answer to those questions is whatever the Comprehensive Plan says and usually there is a hard line there. He noted he wouldn’t be worried that because they’ve extended the MUSA, they will automatically have requests to have higher density in those adjacent areas. He reiterated that they do get those questions, but have a pretty strong Comprehensive Plan and they can say no, that’s not consistent with what the land use is, so there are really two parts. Ressler clarified, saying Staff is recommending approval to expand the MUSA for the uses laid out. Barnhart answered yes, and to be equally clear, Staff is not suggesting nor is the Applicant requesting, any increase in density than what would already be allowed there. Ressler said this would not require any modification to existing sewer lines as he understands it. Barnhart answered the proposals connect to an existing trunk line owned by Met Council. Gettman asked if the 4.684 number, they should be able to just divide the 1,008 divided by the 227.2 to get that number. Barnhart answered there may be some other hidden numbers in there, and the table is just a snapshot, there are other numbers that are already served by the MUSA but not connected so it complicates it a bit. Gettman said the reason he asked is at the end of the day, the properties that can afford to have the larger acreage, they want to keep and save that for the ones that can be high density; this seems to go against that and even from the four to five properties, especially when they’re stretching some of the frontages on this property, it seems like they’re really pushing it to get to five properties and that’s what he’s struggling with. Barnhart asked if he means in terms of the preliminary plat. Gettman answered yes. MINUTES OF THE ORONO PLANNING COMMISSION Monday, August 17, 2020 6:00 o’clock p.m. _____________________________________________________________________________________ Page 3 of 6 Barnhart said that is fair, there is some discussion to be had about the easement that cuts through one of the lots, and they may not get to five properties. He pointed out how the Met Council uses that Table, noting they take a strict, if you have 13 acres, and use the guidance, there should be 6.5 units on that property. Barnhart said he chose 7 units to not alarm the Commission or others in terms of how many projects are being proposed here but to give a real impact and number to the application. Ressler invited the Applicant to the podium. Mr. John Quinlivan of Gordon James Inc., 5159 Main Street, Maple Plain, stated he was here a couple of months ago and would like to clarify how they ended up going from five to four and back to five (single family lots), he noted it was a combination of steep slopes, wetlands, and the easement that ran through the property and they thought it was just the best fit. He noted the steep slopes and some of the challenges are the reason they ended up coming back to the City and Mr. Quinlivan had a conversation with Mr. Barnhart, who ran the report. Mr. Quinlivan then decided to approach the Council as there are a lot of sensitive wetlands out there. He said with the pipe in the street, he contacted Met Council and it’s a gravity line so it’s not high pressure, and it looks like it really fits well for Gordon James Inc. to do so, which brought him here today. Chair Ressler opened the public hearing at 7:50 p.m. Mr. Jamie Lowe, 105 Orono Orchard Rd, said about three years ago this issue came before the City Council and the Commission, regarding the expansion of the MUSA property lines and three years ago it was resoundingly rejected. He stated now it has shifted and there is an open appetite for it, so he is curious why three years ago it was a no and today it is a yes. He is trying to understand how the thinking evolves in changes, noting he has an interest as he lives in a house that is directly impacted. Ressler said he’s not sure he’s best qualified to answer but he does know that there are a lot of factors that are influencing each city with their Comprehensive Plan and it does get complicated. He noted he would let Mr. Barnhart comment on the explanation so he does not butcher it. Barnhart said he thinks the main change between this project and request at this time versus three to four years ago is that at that time, it was as much higher densely populated development of 15 units, which required the MUSA expansion. He noted that on this application, the density is the same as if it was septic, so that is why was much more palatable. Barnhart stated that the Council hasn’t acted on anything yet but they seemed supportive earlier in part because of the perception in terms of a density issue. He said how the sewer is treated is less of an issue versus how many units are on the property. Mr. Lowe asked for clarification, noting there is an existing home on the site today and asked if it is that existing home plus four new sites or the existing home plus three sites. Barnhart said there will be five lots total, and noted each parcel on a map onscreen. Ressler said based on the proposal it’s not clear whether that property would stay or go, but Mr. Quinlivan may be able to comment on it. Mr. Lowe said for him, it’s a fairness thing and he apologized, but about 15 years ago, he noted they put a lot of money into their house, well over a million dollars. At the time, they applied to the City of Orono, because there is a pumping station right across the street, and they asked if they could plug into that and MINUTES OF THE ORONO PLANNING COMMISSION Monday, August 17, 2020 6:00 o’clock p.m. _____________________________________________________________________________________ Page 4 of 6 the answer was no. He said it just seems like the world shifted. He also asked to clarify that there is no cost impact to the current residents on Orono Orchard Road, and if the City brings sewer and water, there is no incremental cost or negative environmental impact for them. Mr. Barnhart said the expansion costs are all borne by the Applicant. He said he cannot say there won’t be some disruption, as obviously there will be some work on Orono Orchard Road for the utility connection so there may be some temporary negative impacts, but there will be no cost impacts to any adjacent property owners. Ressler asked Barnhart, if Mr. Lowe would like to tie into the sewer that is not being expanded, is that something the City would be able to assist him in, noting that typically there is a hook-up fee and things like that. He said since that was of interest before, perhaps it would be of interest in the near future, also. Mr. Lowe said he appreciates the question and he doesn’t know if they’d want to tie in or not. He then asked Mr. Barnhart how much disruption there would be, whether it means five minutes or five weeks. Barnhart said he doesn’t know but it will be a road project in the middle of the road, he would imagine they will not close down the road but will probably have to do some work in the right-of-way, noting they are well premature on the details at this time. To be up front, Barnhart said they get that question a lot, if there will be any impacts to residents and then six months down the line when the road is closed down to put in a utility pipe, that is an impact. He said he just doesn’t have all the details yet and said once they know more about the final plans, that is a good question to be asked during the final plat. Mr. Lowe asked to clarify that the plan is not to call for more than five homes. Barnhart answered the proposal is for five homes. Chair Ressler closed the public hearing at 7:56 p.m. Ressler said without regurgitating all of the comments, they’ve had some very productive dialogue back- and-forth leading up to the discussion. He said the way that this is laid out seems to be tasteful and he thinks it makes sense as far as what the Commission is trying to do and it’s always nice to be able to add in to sewer, it makes it less complicated which has been noted. McCutcheon asked to clarify that everything is at least 2 acres. Barnhart confirmed yes. McCutcheon said what is on the table is the setback lot width and the extension of the line. He stated he loves Orono and the greenspace but he is hesitant to extend the line, although it’s not a new trunk line, as it would be expanding an existing route and there is no pump station needed. He said it’s a slippery slope because if the line is extended, regarding the density numbers, the Met Council will come after them again and say they want more or higher density from Orono. McCutcheon said whether they will put another condo, apartment or other higher density building in the City, he doesn’t know if they have the space for that, and eventually they will have to come into the rural space and this gives the Met Council the ability to do that. As a function of time, anything that is on the Met Council sewer line is going to be higher density, noting that eventually the City will not be able to hold that back. He stated he likes that this is a 2 acre minimum; he is fearful of it but thinks he will have to support it because it aligns with the MINUTES OF THE ORONO PLANNING COMMISSION Monday, August 17, 2020 6:00 o’clock p.m. _____________________________________________________________________________________ Page 5 of 6 current zoning and it is better for the environment to have the Met Council line. He said the density numbers are what they are, they aren’t putting a huge complex in this site, it’s still very conservative and so he would be in support of it, noting they could rehash that the lot widths don’t seem like a dealbreaker to him and that five lots is applicable. Erickson said he is in support of Staff’s recommendation. Gettman said he is still struggling with this particular lot being the right one to start to split up, especially after the golf course when they ended up having it not fall under MUSA. Going back to the one testifier (Mr. Lowe), what has really changed in the last couple of years that now they need to jump with this one, which is not an ideal property to be splitting up. Bollis said he agrees with Staff’s recommendation and appreciates the detailed report as far as the MUSA numbers go. In his eyes, it’s a completely conforming subdivision so he doesn’t think there is even anything the Commission can say in that they cannot approve this. Ressler stated the biggest thing the Commission needs to deliberate is the development, but also being willing to expand the MUSA. Barnhart answered yes, that is the biggest variable to Mr. Bollis’s point, it makes most of the lots meet the criteria of the lot-width issue, and noted if that is an issue that is certainly something they can raise. The Commission has the most discretion on the MUSA expansion, and they have the ability to change that basically at will, as to what the City thinks is appropriate. He said if they didn’t want this project that is where they would suggest they don’t want the MUSA expansion here. Bollis noted he thinks if there were any property, this would be the appropriate one for that because of the wetlands involved, they can put in a gravity-fed system so it’s not a high-pressure one, which mitigates that environmental piece that the neighbors were concerned about, if a septic system failed that could pollute the creek. In his opinion, Bollis thinks it make s sense for this one. Ressler said it truly seems that expanding the MUSA is doing that, it’s allowing them to do sewer versus septic and asked if that was accurate. Barnhart answered yes, you can’t connect city sewer without that expansion. Kirchner stated he is in support of this. McCutcheon asked if the Commission approves the MUSA, can they tie it to this specific plan, or at that point could the Applicant reapply with a different plan. Barnhart clarified if McCutcheon is asking if the Commission could approve the MUSA subject to this preliminary plat. McCutcheon answered that is correct. Barnhart answered no, because the property owner has the right to subdivide their property, but taken together you have this plan and this proposal. He stated that doesn’t that if this project doesn’t go forward for whatever reason and ten years down the line someone changes it, that is why they’re suggesting the MINUTES OF THE ORONO PLANNING COMMISSION Monday, August 17, 2020 6:00 o’clock p.m. _____________________________________________________________________________________ Page 6 of 6 conditions in the Staff report, which were recommending approval of the Comp Plan as proposed and that Staff recommends approval of the subdivisions proposed subject to the MUSA expansion. Ressler commented that he appreciates the clarification on expanding the MUSA and not being able to make it contingent on this particular plat development. It still goes to the City Council and they need to weigh in on it, but again, Ressler thinks the root of this is for this development, for this piece of land it appears that the Commission feels it is something that would fit for the MUSA expansion for the environmental concerns, feasibility and without having to take on a great expense to the City to do so. He said even though it would be nice to approve it as conditional, at the same time he’d like to identify if they feel that this would still be a good fit for expanding the MUSA. Ressler noted he believes one of the public hearing questions was the intended use of the existing property, whether it makes a difference or not and asked Mr. Quinlivan to share any intentions on the use of that property. Mr. Quinlivan said right now there is someone that has a lot hold on it and he believes their intention would be to take the house down and build a new house there. In the end, they could buy it and not do that but that is what he believes their intention is. Libby moved, Bollis seconded to approve LA20-000050 Comprehensive Plan Amendment Municipal Service Area (MUSA) Expansion. Vote: Ayes 6, Nays 1 (Gettman). Kirchner moved, Erickson seconded to approve LA20-000030 Preliminary Plat based on the 7 Staff recommendations outlined in the Staff Memo. Vote: Ayes 7, Nays 0. 5159 Main Street Suite 200 Maple Plain, MN 55359 763.479.3117 Orono Orchard Project Narrative This picturesque 39.4 acre in the heart of Orono has been untouched for over 40 years. With road frontage of approximately 127 feet, it has been one of the areas best kept secrets, because most residents, even those living close by, didn’t realize it was there. Our goal is to keep this parcel picturesque and maintain the “rural feel” by creating 5 large lots from 3.01 acres to 16.72 acres. The trees on site will mostly stay intact, with a short road and cul de sac located in the same area as the current driveway. Custom Homes will be designed as the lots are sold. Attached you will see five renderings of previous homes we’ve designed and built. Those homes will be consistent with what we plan to build, but each home will be a custom design for our clients. Cedar shake roofs, stamped or paver brick driveways, with natural or maintenance free siding like Hardie or LP Smartside are planned. There will also be covenants on square footage, building materials, fencing, etc… to maintain a consistent look in the development. The entrance will have an understated monument sign to keep with the “rural feel” of the development. An asphalt private road and cul de sac are planned. When the development is completed a homeowner’s association will be controlled by the five homeowners. We believe this development will be an excellent addition to the Orono area and be consistent with the existing properties on Orono Orchard Road. 5159 Main Street Suite 200 Maple Plain, MN 55359 763.479.3117 Comprehensive Plan Amendment Request Project Narrative July 22, 2020 We are requesting a Comprehensive Plan Amendment for the property located at 135 Orono Orchard Road North in Orono Minnesota. The reason for the request is due to the large area of sensitive wetlands that surround the site. The property is 39.4 acres with approximately 20 acres of wetlands. The current site is challenging with steep slopes and wetlands throughout the property. Having access to facilities would also allow us to be more flexible with home placement to try and retain as much of the rural environment that exists today. The existing facilities that feed the neighboring developments are within feet this property, so connecting into to those facilities makes sense both environmentally and economically. Lastly, we are not requesting more density than allowed by the current RR-1B zoning. April 22, 2020 Sambatek Project #20658.03 Conservation Design Master Plan -OF- Orchard Hills Orono, Minnesota -FOR- Gordon James Construction Conservation Design Plan Orchard Hills PID 053-3411823440035 Orono, Minnesota Prepared for: Gordon James Construction Prepared by: Sambatek, Inc. Sambatek Project No. 20658.03 April 22, 2020 Conservation Design Plan Orchard Hills PID 053-3411823440035 ii Table of Contents INTRODUCTION AND BACKGROUND ............................................................................................... 1 LEGAL CONTEXT ........................................................................................................................... 1 PROPOSED PROJECT ........................................................................................................................ 1 Ecological and Aesthetic Character Review .................................................................................... 1 RURAL OASIS STUDY .................................................................................................................... 1 Views from Orono Orchard Road (OOR) ................................................................................. 1 Views from Luce Line Trail ....................................................................................................... 2 NATURAL RESOUCES INVENTORY ............................................................................................... 2 Minnesota Land Cover Classification System (MLCCS) Data ................................................... 2 Tree Survey .............................................................................................................................. 3 Wetland Delineation ............................................................................................................... 3 Topographic Survey ................................................................................................................. 3 Conceptual Greenways and Open Space Corridors ................................................................. 3 Conservation Design Master Plan ................................................................................................... 4 STORMWATER MASTER PLAN ..................................................................................................... 4 INVASIVE SPECIES REMOVAL AND MANAGEMENT PLANS ......................................................... 4 TREE REMOVAL AND PROTECTION PLAN .................................................................................... 5 ECOLOGICAL COMMUNITIES DISCUSSION .................................................................................. 5 VIEW OF THE PROPERTY .............................................................................................................. 5 LANDMARK PRESERVATION PLAN ............................................................................................... 5 REFERENCES .................................................................................................................................... 5 Conservation Design Plan Orchard Hills PID 053-3411823440035 iii APPENDICES Appendix A - Project Location Map Appendix B - Site Plan Appendix C – Rural Oasis Photo Log Appendix D - Minnesota Land Cover Classification Map Appendix E - M-34X Modifier Map Appendix F - Tree Survey and Preservation Plan Appendix G - Wetland Delineation Notice of Decision Appendix H - Topographic Survey Appendix I - Invasive Species Removal Recommendations Conservation Design Plan Orchard Hills PID 053-3411823440035 1 INTRODUCTION AND BACKGROUND The Orchard Hills project involves an approximately 39.4-acre parcel located at 135 Orono Orchard Road North (OOR) in the City of Orono, Minnesota. The Subject Property consists of woodlands, wetlands, and altered non-native grasslands. LEGAL CONTEXT A Rural Oasis Study was performed for the City of Orono in 2005. This study identified a link between the natural systems and the valued scenic character that exists throughout Orono. Based on the values identified in the Rural Oasis Study, ordinances were created that are meant to preserve and enhance the ecological and aesthetic character of the community. Article XII (Conservation Design) Section 78-1632 (Applicability) requires a conservation design plan for all proposed residential subdivisions or multi-unit residential developments greater than five acres in total area. PROPOSED PROJECT The proposed project involves the redevelopment of the Subject Property to five residential lots. In order to maintain the natural character of the Subject Property the lots will range in size from 2.19 to 16.72 acres. Wetlands and trees will be avoided as much as possible by the redevelopment project. Furthermore, buffers will be provide around all wetlands. Ecological and Aesthetic Character Review RURAL OASIS STUDY The Subject Property is not adjacent to any of the corridors analyzed as part of the Rural Oasis Study. Sambatek completed a field review of the Orono Orchard Road segment near the Subject property on April 16, 2020. The observations from this field review are summarized below. Views from Orono Orchard Road (OOR) Coming from the south on Orono Orchard Road (OOR) the major landmark in the immediate area is the Luce Line Trail bridge (Pic101). The winding road is not curbed at this point and feels very bucolic. Curb and gutter begins at the entrance to the Stone Ridge Colony Development and continues north. Near the project entry, existing nearby homes on OOR feel close and sometimes front on OOR. Just to the south of project entry the existing residence has a white picket fence which fits the rural aesthetic (Pic 102). Mature evergreens at project entry are a nice entry feature and contrast the ‘gray’ deciduous vegetation for six months during the year (Pic107). Power poles which run Conservation Design Plan Orchard Hills PID 053-3411823440035 2 along the west side of OOR are not conducive to the wooded feel. At the entry point you can see an asphalt walk/bike trail that comes from the north and cuts east into the Stone Ridge Development across OOR. Enclosure moving through the corridor is heavily wooded on the west side with mostly with open views to east with native plantings. As one nears the project entry point, the Stone Ridge Colony sign on the east dominates the intersection as there are no trees close to it in any direction (Pic 89). A native lowland planting area is the backdrop for the sign with a native planting being established and is signed accordingly. The monument sign could be used as a ‘landmark’ in giving directions as it is omnipresent. Across the entry road from the sign, to the South, is a utility building meant to look residential, it is set behind a berm and is not visually obtrusive (Pic104). In general, the views from Orono Orchard Road appear to be positive. Views from Luce Line Trail Walking down the Luce Line Trail corridor one is elevated above the vegetation to the north and south. Looking east there are pockets of evergreens near the bridge (Pic 091). It is dense and made up of mixed deciduous hard and softwood around a wetland, creek area. Nature predominates as homes are ghosted by the leafless vegetation. Once spring growth emerges the homes will disappear (Pic 097). In general, it appears that the views from Luce Line Trail are positive. NATURAL RESOUCES INVENTORY Minnesota Land Cover Classification System (MLCCS) Data The Minnesota Land Cover Classification map indicates that the site consists of emergent and wooded wetland, upland forest, and upland grassland habitats as well as areas of 11-25% impervious cover and 76-100% impervious cover. The M-34X modifiers indicate that the majority of the site rated C (moderate condition natural community) or lower. A M-34X modifier has not been assigned for approximately 1/3 of the site, most of which consists of an emergent wetland habitat. Based on observations made during a 2016 field visit, which was part of the wetland delineation process, this area appears to be dominated by non-native species such as Reed Canary Grass, Hybrid Cattail, and Smooth Brome. The M-34X modifier for this unassigned area is likely a D (poor condition). The proposed project is unlikely to affect the M-34X modifiers within the Subject Property. Conservation Design Plan Orchard Hills PID 053-3411823440035 3 Table 1. Acreage of MLCCS on Subject Property MLCCS M-34X Modifier Acres of Site 11-25% Impervious Not Rated 0.24 76-100% Impervious Not Rated 1.21 Short Grasses Not Rated 0.0005 Forest C/NA 3.03 Wetland Forest D 14.24 Tall Grasses Not Rated 2.26 Wetland Emergent Vegetation Not Rated 13.59 Dry Tall Grasses Not Rated 4.83 Tree Survey A tree survey was completed as part of the planning process for the Orchard Hills project. All significant trees were identified to species, size, and location. The site consists of mainly Green Ash, Box Elder, and Red Oak. Please see the attached figure that shows the tree species present and diameters. Wetland Delineation A wetland delineation of the Subject Property was completed in September 2016. The wetland delineation identified three wetlands on the Subject Property. The Wetlands are identified as Wetlands 1-3 on a Wetland Delineation Report dated September 28, 2016. Wetland 1 is a large Type 3, Shallow Marsh wetland that rings the west and south property boundaries. Wetlands 2 and 3 are small, Type 1, Seasonally Flooded wetlands. The wetland boundaries were reviewed by Minnehaha Creek Watershed District during a TEP meeting on October 25th, 2016. Several revisions were made to the boundary of Wetland 1 and Long Lake Creek was added to the report. Please see the attached Notice of Decision for the approved wetland boundaries. Topographic Survey A topographic survey of the site was completed by Sambatek. The topographic survey shows that the property consists of a hill that extends through the property to the southwest. The existing driveway and residence are situated on the top of the hill. The hill slopes down to the wetland along the south and west property boundaries. Conceptual Greenways and Open Space Corridors The Conceptual Greenway Corridor map from the 2008-2030 City of Orono Community Management Plan identifies the Subject Property as part of the “conceptual greenway corridor”. Based on the Hennepin County Natural Resource Inventory map, the Subject Property contains a small portion of moderate quality Oak Forest habitat located in the southeast corner. This area is not proposed to be impacted by the residential redevelopment, and additional protection is not necessary. Conservation Design Plan Orchard Hills PID 053-3411823440035 4 Existence of Rare Plant Communities No rare plant communities were observed on the site and are not identified on the Hennepin County Natural Resource Inventory map. Most of the communities on the site are dominated by invasive species such as Reed Canary Grass, Common Buckthorn, Canada Thistle, and Garlic Mustard. Due to the low quality of these areas, no special protection of these areas is necessary. Conservation Design Master Plan STORMWATER MASTER PLAN The existing topography of the site directs surface water towards the Long Lake Creek along the north property boundary and towards the large wetland along the south and west property boundaries. These drainage patterns will be maintained after the redevelopment of the site and run off from impervious surfaces will be treated prior to discharge to the Long Lake Creek or the wetland. INVASIVE SPECIES REMOVAL AND MANAGEMENT PLANS Common Buckthorn, Reed Canary Grass, Garlic Mustard, Canada Thistle, and Smooth Brome were reviewed throughout the Subject Property during the wetland delineation field work activities. Garlic Mustard, Canada Thistle, and Smooth Brome are scattered throughout the upland areas and Sambatek does not recommend that these are removed. Common Buckthorn and Reed Canary Grass are primarily located within the wetland areas and within areas that will be the wetland buffer. Common Buckthorn and Reed Canary Grass will be removed as part of the landscape plan. Common Buckthorn can be removed via several different methods. Based on the size and amount of Common Buckthorn on the Subject Property, Sambatek recommends using the cut stump treatment method for treating Common Buckthorn. This method involves cutting the stems at ground level and treating the stems. This is most effective when completed in late summer and fall. The stems should be treated throughout fall and winter. Recommended herbicides include glyphosate, triclopyr amine, and triclopyr ester (Minnesota DNR). Reed Canary Grass can be controlled through mechanical or chemical methods. To control Reed Canary Grass through mechanical methods, mow between mid-June and October to reduce seed production. When cut during the growing season, Reed Canary Grass will have a second growth spurt in the fall so multiple mowing are necessary (Minnesota DNR). If choosing chemical methods for Reed Canary Grass, glyphosate can be used for effective control. If treatment occurs in or near wet areas an herbicide formulation approved for water use is required. Conservation Design Plan Orchard Hills PID 053-3411823440035 5 TREE REMOVAL AND PROTECTION PLAN Significant tree impacts will be reduced as much as possible during the design process. Any significant trees that are removed will be replaced as part of the tree preservation plan. ECOLOGICAL COMMUNITIES DISCUSSION The goal of the Orchard Hills residential redevelopment project is to create a residential development that maintains the picturesque and “rural fee” of Orono. During the redevelopment process much of the natural communities on the Subject Property will be maintained. The proposed roadway and cul-de-sac will follow the current driveway alignment to avoid impacts to the natural areas. Houses will be constructed in upland areas and will try to avoid any stands of significant trees. The natural corridors that are located along the project boundaries will be maintained. Based on the MCCLS map, the majority of the habitats on the Subject Property are poor condition. The proposed project will not lower the quality of these habitats. VIEW OF THE PROPERTY The mature evergreens at the project entry will be maintained as much as possible to sustain the positive viewshed along OOR. The evergreens will screen the residential development from OOR to maintain the secluded feel. The trees and vegetation along the south property boundary, which borders Luce Line Trail will be maintained. This will maintain the positive views for recreationalists utilizing the trail. LANDMARK PRESERVATION PLAN No landmarks exist on the Subject Property. REFERENCES City of Orono, 2008. City of Orono Community Management Plan 2008-2030, Chapter 3A-Environmental Protection Plan. Available online: https://www.ci.orono.mn.us/DocumentCenter/View/1067/Chapter-3A--- Environmental-Protection-Plan-w-Maps-pdf Minnesota DNR, 2020. Invasive Terrestrial Plants. Available online: https://www.dnr.state.mn.us/invasives/terrestrialplants/index.html. Accessed April 2020. Minnesota DNR, 2004. Minnesota Land Cover Classification System User Manual. Version 5.4, Available online: Conservation Design Plan Orchard Hills PID 053-3411823440035 6 https://files.dnr.state.mn.us/assistance/nrplanning/community/mlccs/mlccs_manual_v 5_4.pdf May 11, 2020 Jeremy Barnhart Community Development Director City of Orono 2750 Kelley Parkway Orono, MN 55356 RE: Preliminary Plat Application Response to Comments Dear Jeremy, We have reviewed the City Comments dated April 28, 2020 for the Preliminary Plat Application for 135 Orono Orchard Road and have made revisions to the plans accordingly. A summary of the revisions follows: Application Requirements: 1. A copy of the preliminary plat. A drawing showing the proposed lot boundaries, easements, etc. Response: Submitted 2. An onsite sewage report for each proposed lot. Response: The onsite sewage report is in process. 3. Minnehaha Creek Watershed approval or documentation. An email verifying submittal of the plan to the District will suffice to keep the project moving. Response: The stormwater management plan and plans have been submitted to the MCWD for review. See attached email. General Comments: 1. Please confirm with the County that the plat name is acceptable. There is a plat called Orchard Hills in Orono. Response: We are checking in with the county and will adjust accordingly for final plat 2. I have forwarded your plans to the City engineer for their review. I will share their comments once received. Response: Understood Page 2 3. On the site plan, sheet C3.01, please show setbacks to property lines, in addition to the wetlands and the tributary. Response: The property line setbacks have been added to the plans. 4. Please provide a document that confirms dry buildable area on all lots. Response: An exhibit has been provided for your use. 5. There was some discussion at the sketch plan level that an outlot would be added for a monument sign off of Lot 1, to eliminate the second frontage for that lot. This outlot isn’t shown. Response: Further discussion of the sign location is required. 6. I note the narrative suggests a monument sign. Please provide a detail (material, height, width, etc.) and note that this sign may not be located within 75 feet of the tributary. Response: Please see attached sign detail provided by the developer. 7. Please provide MCWD support for the plan, include wetland setbacks/ buffers, stormwater management Response: There has been correspondence with MCWD and the plan has been submitted for their review. We will incorporate any of their comments into the plan when they are available. We have included corresponding emails and the wetland delineation info that we have. 8. There was discussion at the sketch plan that the easement running through Lot 3 and limiting the buildability for this lot may be vacated. Please address. As shown, the two septic sites impede the buildability of the lot, one septic location is within the ghosted in foot print of the building. Response: Proposed lot 3 and 4 have been combined, therefore the easement does not to be relocated. Please refer to sheet C3.01. 9. Sheet C3.01 shows a small building encroaching over the property line into lot 1. How is this to be handled? Response: The small structure that encroaches over the property line is the adjacent owners fire pit patio. The neighbor will need to relocate the patio onto their property. 10. On that same sheet, where setbacks are listed, please also include the Lake/ Tributary setback of 100 feet for structures, per Section 78-1279. Response: The 100 foot setback for structures is shown and labeled. 11. On sheet C4.02, the driveway grade for lot 2 is very steep, over 28%. This should be adjusted. Response: The driveways will be designed and built with the future home construction. A note has been added to the plans indicating possible driveway grades, with the intent that no driveway will be steeper than 10%. Page 3 12. On that same sheet, the access for lot 1 is shown through the infiltration basin. Response: The driveway has been relocated to avoid the infiltration basin. 13. On Sheet C5.02, the erosion control plans are prepared to address erosion control during construction. Has a plan been prepared for demolition activity? Response: Erosion control measures have been added to the phase 1 erosion control plan to address the demolition phase of the project. 14. Please provide a document that better illustrates the removed trees. Response: Please refer to sheet L3.01 for planned tree removals. Please let us know if you have any additional questions or comments at 763-476-6010. Sincerely, Sambatek, Inc. Eric T. Luth H:\ORNO\C13120357\z_Orchard Hills\OrchardHills_PrePlatReview_2020-08-03.docx August 3, 2020 City of Orono Attn: Jeremy Barnhart 2750 Kelley Parkway Orono, MN 55356 RE: Preliminary Plat Application Orchard Hill Engineering Review #2 Dear Jeremy: As requested, I have completed an engineering review of the documents submitted for the above referenced project. We offer the following observations, comments, and recommendations for your consideration: 1. An infiltration basin is proposed for stormwater runoff management to meet regulatory requirements. The following must be considered regarding stormwater management: a. Per City requirements, the proposed stormwater management system must limit proposed peak runoff rates to that of existing for the 1, 10, and 100 year – 24h hour events. In addition, per NPDES MS4 requirements, the system must limit proposed discharges of runoff volume, Total Suspended Solids, and Phosphorus on an annual average basis to that of existing conditions as well. b. Proposed plans only include stormwater management facilities necessary to meet governmental requirements for street improvements. No facilities are indicated for potential lot improvements, so it is assumed the determination of location, type, and design of management facilities for each lot would be the responsibility of the lot owner. When done piece-meal, coordination of required stormwater management facilities is difficult, and facilities required may be forgotten during future construction. Therefore, facilities necessary for the ultimate development (street construction, driveways, buildings, etc.) should be installed and the site mass-graded at the same time as street construction to ensure all drainage ways, watersheds, and runoff management systems are constructed per the approved Stormwater Management Plan. c. Based on field inspection and a shovel test in location of proposed basin, site soils are likely not conducive for infiltration. A soil boring or infiltration test in the location of the proposed basin must be provided to confirm infiltration is possible. If infiltration is not possible due to site soils, volume control will not be required per NPDES requirements, but a retention pond or filtration system will be necessary to treat the water quality volume and provide pollutant control. d. The outlet pipe from the basin must be directed at a 45 degree angle to the creek to limit erosion potential in the opposite bank. e. A stormwater management plan outlining how the proposed improvements will meet all requirements must be submitted for review prior to Preliminary Plat approval to ensure adequate siting is available for required facilities. Preliminary Plat Application Orchard Hill Page 2 H:\ORNO\C13120357\z_Orchard Hills\OrchardHills_PrePlatReview_2020-08-03.docx f. The site is adjacent to Long Lake Creek. The Comprehensive Long Lake Creek Feasibility Study identified 4 separate locations along this site with bank erosion requiring stabilization ($55,000 estimated potential improvements) and 2 wetlands for potential restoration ($1,150,000 estimated potential improvements). These projects would reduce the pollutant discharge downstream and help meet TMDL goals for Tanager Lake. Therefore, the City should consider potential improvements that can be completed in conjunction with development improvements accordingly. At a minimum, access should be provided for potential future improvements. In addition, Minnehaha Creek Watershed District (MCWD) should be engaged with discussion regarding a potential partnership to fund and construct improvements identified in the study. 2. Final Plans should include the following: a. Grading, Drainage, and Erosion Control Plan b. Street Construction Plan c. Landscape and Restoration Plan (including invasive species removal) d. SWPPP meeting NPDES requirements 3. The applicant will be required to obtain Minnehaha Creek Watershed District (MCWD) approval and permitting. A copy of any approvals or permits required should be submitted prior to Final Plat approval. 4. The applicant will be required to obtain a General Construction Permit (NPDES) to discharge stormwater associated with construction activity since more than 1 acre will be disturbed. A copy of the permit should be submitted prior to any land disturbing activity. 5. The applicant will be required to submit a Maintenance Agreement for all stormwater management structures and facilities. The agreement must define maintenance responsibilities following completion of project, specify types and frequencies of inspection and maintenance activities, designate who will conduct inspection and maintenance activities, and outline reporting requirements. 6. Drainage and Utility Easements msut be provided as follows: a. Over all stormwater management facilities used to meet regulatory requirements. b. Over all wetland and buffers. c. All swales and piping providing drainage for multiple properties. d. 5’ along all side lot lines, unless adjacent to Development boundary. e. 10’ along all front lot lines, rear lot lines, and adjacent to Development boundary. 7. Well locations must be indicated on the site plan to confirm adequate separation distance to septic facilities. If you have any questions or comments, please contact me to discuss. Sincerely, Bolton & Menk, Inc. Robert E. Bean, Jr., P.E. Water Resources Engineer From:Bob Bean To:Jeremy Barnhart; Adam Edwards Subject:FW: Orono Orchard Hills- Follow Up Date:Monday, August 10, 2020 9:14:18 AM Jeremy, See below for MCWD correspondence regarding Orchid Hills. I had contacted them to discuss stormwater management requirements. As you can see, they are not allowing individual lot BMPs any longer. If you have any questions or comments, please contact me to discuss further. Thanks, Robert E Bean Jr. P.E. Water Resources Project Engineer Bolton & Menk, Inc. 2638 Shadow Lane Suite 200 Chaska, MN 55318-1172 Phone: 952-448-8838 ext. 2892 Mobile: 612-756-3184 Bolton-Menk.com From: Grace Barlow <gbarlow@minnehahacreek.org> Sent: Friday, August 7, 2020 11:00 AM To: Bob Bean <Robert.Bean@bolton-menk.com> Subject: Orono Orchard Hills- Follow Up Bob, Good morning and Happy Friday! This email is in regards to the Orono Orchard Hills development— that permit was assigned to me back in May and it currently has an incomplete status with the District as they submitted a not fully formed Stormwater Management plan for the entirety of the development. Below is an email that I sent them, in addition to the Incomplete Letter, summarizing. The the District’s comments to provide you with some context. I also spoke with Josh from Sambatec on the phone. I haven’t received any updated submittals from them since, however I have saved your flagged comments to the permit file. Please let me know if you would like any further clarification. Thanks and have a great weekend, Good afternoon! This is a follow up to the incomplete letter for MCWD Permit 20-190, Orchard Hill of Orono Subdivision. I spoke with Josh this afternoon on the phone regarding how the District reviews and permits stormwater custom build subdivisions. This information wasn’t included in the incomplete letter as it is simply a further explanation for the review process of this permit. For stormwater, MCWD issues one overall permit for the entirety of the subdivision- we do not issue stormwater permits for individual lots. This comes from our language in Section 2 that outlines subdivision of land as requiring stormwater management as well as Section 2(a) of the rule that exempts the construction or re-construction of a single family home. Logistically, this means that one permit will be reviewed and issued (permit 20-190) for the subdivision’s stormwater management plan, wetland protection, and erosion control for any mass grading that may occur on site. As lots are sold and built, subsequent permits will be issued for the erosion control necessary for the construction of each home. This means that the District will review and hold the subdivision to a certain max amount of impervious that cannot be exceeded as each of the four lots are built out, as the stormwater BMPs will be sized to treat this amount and then reviewed and approved based on this amount. The District will cross-reference how much of the subdivision’s impervious is being ‘removed’ from the total amount reviewed and approved under 20-190, to ensure that the BMPs are still sized appropriately. However we will not review individual stormwater management plans for each lot. In the most recent stormwater management plan submitted on May 11th, rough calculations for each lot were provided as seen below-- I spoke with Josh about these amounts over the phone and if these are the impervious amounts that the subdivision would like to be held to, or if BMPs want to be built slightly larger to accommodate greater impervious areas. In addition, the submitted stormwater management plan will need to be expanded on to show the rate, volume, and phosphorous calculations for each of the BMPs that will treat impervious associated with the lots as the current submittal only shows calculations for the impervious associated with the cul-de-sac. Grace Barlow | Permitting Technician | Minnehaha Creek Watershed District 15320 Minnetonka Boulevard | Minnetonka, MN 55345 | Office: 952-641-4518 CMP Part 4B. Sanitary Sewer Plan City of Orono Community Management Plan 2020-2040 Part 4B, Page 13 4. Orono will provide municipal sewer extensions to lakeshore areas and non-lakeshore areas within the MUSA when it is determined that municipal sewer is preferable to long-term use of on-site sewage treatment systems. 5. The costs of extending municipal sewer to existing neighborhoods will be borne primarily by the property owners being served. 6. The costs of extending municipal sewer to serve new residential and nonresidential development will be borne entirely by the developer. FUTURE SANITARY SEWER SYSTEM Orono’s Plan for future sewer facilities includes upgrades to certain existing local sewer facilities, expansions of the system to service properties currently in the MUSA, and retrofitting a small number of existing neighborhoods with municipal sewer service. These system improvements and expansions are not expected to require additional capacity allocation in metropolitan sewer facilities. MUSA Expansion The city proposes a minor expansion of the MUSA within the time period covered by this plan. This addition is shown on Map 4B-2 as area 51. Future demands on the sanity sewer system will come as areas within the existing MUSA develop. While the City has no staged development plan, and currently has not scheduled projects outside the existing MUSA, any future MUSA expansions will be considered within the context of the following guidelines: The city will use the priorities outlined in Table 4B-12 to assess whether or not to request a MUSA expansion from the Metropolitan Council. Table 4B-12: MUSA Expansion Priorities Priority 1 Properties that abut the shoreline of Lake Minnetonka and all other Orono lakes Priority 2 Properties that abut City-protected tributaries, and all other properties within the Shoreland Overlay District Priority 3 Existing substandard developed lots not covered by Priorities 1 and 2 and developed prior to 1985 that have failing septic systems abd do not have an alternative site available to replace said system. Priority 4 New development using clustering that permanently preserves blocks of open space. Priority 5 Conforming developed lots not covered by Priorities 1 and 2 and developed prior to 1985 that have failing septic systems and do not have an alternative site available to replace said system. Priority 6 New or existing development not covered by priorities 1, 2, 3, 4, or 5. CMP Part 4B. Sanitary Sewer Plan City of Orono Community Management Plan 2020-2040 Part 4B, Page 14 Conditions Expansion of the MUSA on the established prioritized basis noted above will occur only when one of the following conditions is found: 1. When an area of existing homes has failing or non-conforming septic systems and replacement drain field sites are not available for a significant share of the existing homes. 2. When an individual home has a failing or non-conforming septic system, does not have an alternate drain field site, is adjacent to existing sewer lines, and is not part of a neighborhood that could be better served by a neighborhood sewer lateral project. 3. When a new or existing residential development meeting all required development standards is adjacent to existing sewer lines and the developer or homeowners agree to bear all costs of extending municipal sewer to the development, but only when inclusion of such development in the MUSA will not result in a decrease in the City’s sewered density as calculated by the Metropolitan Council. Future Sanitary Sewer Improvements The City’s focus on future sanitary sewer needs will be on a limited number of extensions to service new developments within the existing urban area/ MUSA and maintenance to include I&I mitigation of the existing system. Future Sewer Expansion Projects Table 4B-13 below lists possible future sewer ex pansion projects. Project #4 listed below may include a new connection to a MCES collector. Table 4B-13: Projects Improvement Projected Year of Completion Triggering Event 1 Orono Preserve Development - Sewer main to serve 39 new homes 2018 Subdivision 2 Shadywood Villas Development - Sewer main to serve 7 single family homes 2018 Subdivision 3 Brackets Point Sewer Main replacement - Replacement of existing gravity main with a forcemain and lift station, away from the lake 2018 Subdivision 4 CSAH 112 Sewer Main Extension - Extension of sewer main west along CSAH 112 from Old Crystal Bay Road to serve future developments planned on the south side of CSAH 112. 2019 CSAH turnback 5 Wildhurst 2019 Subdivision AGENDA ITEM Prepared By: J. Barnhart Reviewed By: DJR Approved By: DJR 1. Purpose. To adopt the resolution and findings based on Council’s December 10th action. 2. MN§462.358 Sub 3b. Application Deadline. The application was received on July 22, 2020 and considered to be complete on that date. The 120-Day review period will expire on November 19, 2020. 3. Background. The City Council reviewed this project as a sketch plan (LA20-14) on March 16, 2020. This property was previously the subject of a subdivision in 2016, Tanager Estates. The proposal is consistent with the sketch plan: 7 single family lots, all conforming to the lot area and width requirements*. A new private road extending off of Shoreline Drive will terminate in a conforming cul de sac. All lots will be served by municipal sanitary sewer. The Planning Commission report, Exhibit D provides additional analysis. The following points should be noted by the City Council. *Lake Lots. Lots 1-3 are not currently lake lots, but will be once they are combined with the adjacent outlot on the south side of Shoreline, as proposed by the applicant. County rules prohibit showing the lot through the right of way on the plat, but would allow the parcels to be combined after the plat is recorded. Until they are combined, lots 2 and 3 do not meet the width requirement, measured at the front building setback line. Staff recommends that no permit be issued on lots 1-3 until they are combined with the adjacent outlots. Average Lake Shore (ALS). There was a fair amount of discussion regarding the average lake shore setback. As with most infill subdivision along the lakeshore, without knowing the timing of individual lot construction, and to preserve building sites, it is appropriate to consider “manufacturing” an Average Lakeshore Setback line for the initial construction. The ALS line for Tanager (Line B on the attached Exhibit H) is established by the principal structure at 1100 Millstone, and the approved house pad for lot 3, Tanager Estates. Without this manufactured ALS, a house on lot 6 built before lot 3 Tanager Estates would need to be setback 423 feet, lot 6 is 380 feet deep. The current, predevelopment ALS for Smith Bay is shown as line A on Exhibit H as is established by the existing neighboring homes: West 1760 Shoreline Dr. setback 982 feet from the lake East 1125 Millston Rd. setback 442 feet from the lake The proposed ALS for lots 1-3 is shown as line C. Without the adjustment, lot 3 is not buildable ever, and lot 2 is likely not buildable, though the order of construction may influence potential building sites. Item No.: 15 Date: September 14, 2020 Item Description: LA20-000050 – Timothy Whitten o/b/o Irwin Jacobs 2018 Rev Trust, 1700 Shoreline Drive Preliminary Plat – Resolution Presenter: Jeremy Barnhart, AICP Community Development Director Agenda Section: Planning Department Report AGENDA ITEM Prepared By: J. Barnhart Reviewed By: DJR Approved By: DJR Stormwater Management. The developer and staff continue to work on the final, approvable stormwater management plan. The final plan may be different that as shown in the plans attached as Exhibit C. 4. Planning Commission Vote and Comment. On August 17, 2020, the Planning Commission held a public hearing. Following the public hearing, the Planning Commission voted 6-0 on a motion to approve the plat as proposed. The members of the Commission were in agreement that the subdivision was appropriate and conforming to the subdivision regulations. 5. Public Comment. Several verbal comments were received during the public hearing: Kurt Woodhouse requested information on docks, and the tree preservation along the west property line. At this time, the lake lots (1-3, 6) would each have 1 dock. The engineer noted that the west property line trees are planned to be saved. Barbara Burwell questioned the impact to the steep bluff, and average lake shore setback. No grading or tree removal is planned in the slope down from the homes at this point, and average lake shore setback is proposed for lot six based on the neighboring parcels. She also asked about serving the subdivision with city water. There are no plans to serve the subdivision with municipal water. Michael Kulhman questioned burying the power lines. Power lines and utilities within the subdivision will be buried, but the line along Shoreline will not. 6. Staff Recommendation. Staff recommends the Council adopt the resolution approving the preliminary plat for Shoreline Estates. COUNCIL ACTION REQUESTED City Council should review the approval resolution and adopt or amend. Exhibits A. Draft Resolution B. Plat C. Development Plans D. Planning Commission staff report E. Draft Planning Commission minutes F. Engineering comment letter G. Staff comment letter H. Average Lake shore exhibit I. County access comments J. Conservation Design and Supplement References City Council Staff Report & Exhibits March 16, 2020 Planning Commission Exhibits dated August 17, 2020 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. ________________________ 1 A RESOLUTION APPROVING A PRELIMINARY PLAT FOR SHORELINE ESTATES (FILE NO. LA20-000048) WHEREAS, on July 22, 2020 Timothy Whitten, o/b/o Irwin Jacobs 2018 Rev Trust (“Applicants”), applied for a preliminary plat for the property legally described: Lot 4, Block 1, Tanager Estates, Hennepin County, (hereinafter the “Property”); WHEREAS, on August 17, 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 the preliminary plat application were given the opportunity to speak thereon; and WHEREAS, on August 17, 2020, the Planning Commission recommended approval of the preliminary plat; and WHEREAS, on September 14, 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 preliminary plat as described above based on one or more of the following findings of fact concerning the Property: FINDINGS OF FACT: 1. This application was reviewed as Zoning File #LA20-000048. The analysis contained within staff memos and the exhibits attached to the aforesaid memos, all minutes from the above mentioned meetings, and any and all other materials distributed at these meetings are hereby incorporated by reference. 2. The Property is located in the RR-1B Zoning District. CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. ________________________ 2 3. The property is guided for Low Density Residential in the 2040 Community Management Plan. 4. The Property contains 20.14 acres in area. 5. The parcel will be subdivided into 7 buildable lots and outlots for future consolidation and a private road. All lots conform to the size and width requirements of the LR-1A zoning district. 6. The Developer has prepared grading plans to manage stormwater on site without negatively impacting adjacent parcels. 7. Access to the property is via Shoreline Drive, a County road. 8. The lots will be served by municipal sanitary sewer service. 9. The Parks, Trails and Open Space element of the Orono Community Management Plan (CMP) has no current plans for parks that specifically require dedication of park land from this property. 10. The property owner submitted a conservation design plan as part of a previous subdivision prepared by Svoboda dated September 15, 2015 and a supplement prepared by Braun Intertech, dated July 20, 2020. Collectively, these documents inventory and describes in detail the environmental features of the site, defining what natural values of the site should be preserved or enhanced and how that should occur. CONCLUSIONS, ORDER AND CONDITIONS: Further, based upon one or more of the above findings, the Orono City Council hereby grants preliminary plat approval to allow the subdivision of the property into 7 lots, as depicted on the plans dated August 7, 2020 prepared by Gronberg and Associates, attached as Exhibit A, subject to the following conditions: A. Project Specific Conditions 1. The applicable general engineering comments and or conditions provided by City CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. ________________________ 3 Engineer dated August 13, 2020 attached hereto as Exhibit B shall be suitably addressed by applicant in the development plan submittal. 2. Easements shall be provided as required by the City Engineer. 3. Approval by Hennepin County of the proposed access. 4. Significant trees shall be preserved to the extent possible and as shown on the landscaping plans. 5. Upon evidence of pre-settlement history (Human bones, Native American artifacts, etc.), the developer will contact the city and the State Historical Preservation Office prior to proceeding. 6. Average Lake Shore setback for the initial construction of lots 1 – 3, 6 shall be illustrated on Exhibit C. 7. Outlots A, B, and C shall be combined with lots 1, 2, and 3 at the conclusion of the platting. No permits will be issued for these lots until that is completed. 8. The following estimated fees are due at the time of final plat unless otherwise noted. These fees are based on the 2020 Fee schedule and the fee schedule in effect at the time of Final Plat approval will govern. a. Stormwater and Drainage Trunk: The property will be subject to the Stormwater and Drainage Trunk Fee (SW&DT Fee) of $48,360.00 (Number of new lots (6) times per lot amount ($8,060). b. Sewer: The costs to construct the Sewer system within the site will be the developers responsibility. The Metropolitan Council SAC charge which is currently $2,485 per dwelling unit will be due at the time of building permit for each lot. The City’s sewer charge is $5,380.00 per lot (6), or $32,280.00. c. Park dedication: $33,300.00 ($5,550 x 6 new lots). B. General conditions imposed on preliminary plats shall apply, and are as follow: CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. ________________________ 4 1. Appropriate traffic control signage within and pertinent to the site shall be installed by the Developer subject to the City Engineer's review and approval. 2. Applicant shall demonstrate to the satisfaction of the City Council that all requirements of the Minnehaha Creek Watershed District as administrator of the WCA regulations on Orono’s behalf, are complied with. 3. Erosion control shall adhere to "Best Management Practices for Protecting Water Quality in Urban Areas" and to the approved SWPPP. All erosion controls as required by the City and the MCWD shall be in place prior to commencing grading and excavation on the site. All such erosion control measures shall be maintained in working order until the site is vegetated and stabilized. 4. The construction limits shall be clearly marked with adequate fencing to prevent any construction damage or disturbance of any trees and vegetation outside of the construction limits area. Developer shall identify trees to be preserved on site, shall mark them on a site plan, and shall take extraordinary measures such as fencing, signage, etc. to ensure they are not disturbed. 5. This approval is based upon the known issues that may affect this project, but this approval does not limit the City from revising or amending these conditions as the review process continues. 6. Council approval is based on the entire record, above Findings. 7. Any amendments to the plans which are not in conformity with City codes may require further Planning Commission and City Council review. 8. Authorities granted by this resolution run with the Property not with the Applicants, but are permissive only and must be exercised by filing a final Plat application within one year of the date of Council approval, or the preliminary plat will expire on that date (September 14, 2021). 9. Violation of or non-compliance with any of the terms and conditions of this resolution may result in the termination of any authority granted herein. CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. ________________________ 5 C. Plans and Specifications. The following plans and specifications shall be submitted for review and approval by the City and other appropriate jurisdictions: 1) Final plans and specifications for all proposed utility lines and services, including any proposed revisions to existing service facilities. Proposed plans shall be provided to the City for final review and approval with the Final Plan set. The Public Works Department and any other pertinent reviewing agencies shall review and approve all utility improvements. Final sanitary sewer plans shall be provided and are subject to approval by the Public Works Department and City Engineer. 2) Final Street and Storm Sewer Plans. 3) Final Grading, Drainage and Erosion Control Plan and SWPPP showing existing and proposed contours, building locations, elevations, stormwater facilities and calculations, utilities and erosion control measures to be used during construction. General Development Plan Approval will not be granted until the Minnehaha Creek Watershed District has approved the stormwater plans. 4) Landscaping plan to reflect a more natural pattern of replacement trees, versus a lineal replacement pattern along the new road. 5) Any additional plans and specifications deemed necessary by the City as review progresses. D. Platting Process. Applicant shall complete all requirements for Final Plat Approval as follows. The following list of final submittals must be submitted to the City. These submittals are as follows: 1). Record plat drawings in the form of two (2) mylar copies (one copy for the City's records and one for filing with Hennepin County) and one (1) copy reduced to 1" = 200'. Drawing to include: A. Lot lines platted per preliminary plat survey/drawing by Gronberg and Associates dated July 22, 2020 attached hereto as Exhibit A, except as modified herein. B. Dedication of "drainage and utility easements" 10' along exterior property lines and 5' along the interior property lines. CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. ________________________ 6 C. Dedication of “Drainage Easements” over all drainageways. D. Name of plat. E. Name of the street 2). Legal documents required: A. Title opinion addressed to the City or a title insurance policy in favor of the City. All owners, mortgage holders or others with property interest indicated therein shall sign the plat and all other documents affected by such interest. B. The applicant must provide certified copies of all recorded easements currently affecting the property. C. Signed Developers Agreement and Letter of Credit for construction of improvements. The City Engineer shall establish the amount to be provided in the Letter of Credit. D. One original copy of any private covenant, homeowners' association agreement or other private restriction intended to be filed in the chain of title of the property at the time the final plat or survey is recorded. 3). Fees required: Application fee, Park dedication, Stormwater and Drainage Trunk enumerated above. E. Development Agreement. Development Approval is contingent upon the successful execution of a Development Agreement between the applicant and the City. Such Agreement shall address all specific City requirements for the development. F. Financial Guarantee. The Development Agreement shall include a financial guarantee by the applicant to ensure the completion of site improvements. The City Engineer shall complete an estimate of improvement costs, including but not limited to streets, curb & gutter, sanitary sewers, landscaping, grading, erosion control, utilities, and stormwater management facility construction, and the applicant shall provide to the City a financial guarantee of 150% of the improvement costs. CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. ________________________ 7 ADOPTED by the Orono City Council on this 14th day of September, 2020. ATTEST: CITY OF ORONO: _______________________________ ________________________________ Anna Carlson, City Clerk Dennis Walsh, Mayor CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. ________________________ 8 Exhibit A Plat CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. ________________________ 9 Exhibit B City Engineer comments CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. ________________________ 10 Exhibit C Average Lake Shore drawing Date application deemed complete: July 22, 2020 Date review period expires: November 19 2020 To: Chair Ressler and Planning Commission Members Dustin Rief, City Administrator From: Jeremy Barnhart, AICP Community Development Director Date: August 17, 2020 Subject: #LA20-48, Timothy Whitten, Whitten Associates o/b/o I Jacobs/A Jacobs Revocable Trust, 1700 Shoreline Drive, Preliminary Plat Background The sketch plan for this project was reviewed by the Planning Commission on March 16, 2020 as LA20-000014. The subject property was subdivided in 2016, when the subject parcel and three lots with Tanager Lake frontage with access off of an extension of Heritage Lane were created. Proposal This application subdivides the 20.14 acres into 7 buildable lots and 5 outlots. All buildable lots will be served by municipal sewer and individual wells. The property currently includes one principal structure and several accessory buildings, including a guest house, a well house, and a guard house. It is understood that these structures will be removed. The parcel has frontage on both Tanager Lake (to the north) and Smith Bay (to the south, across Shoreline Drive). The site includes a large wetland on the south third of the lot, and a smaller wetland on the north side of the lot. The northern third of the lot, in addition to the wetland, includes steep slopes and well established vegetation. The middle third of the lot is dominated by grass lawn with sporadic trees. The project includes the extension of a private road that terminates in a cul de sac. The cul de sac bulb and the right of way appear to conform to city standards, though the length of the cul de sac exceeds the code limit of 1,000 feet. Access to the site is proposed via Shoreline Drive, in the location of the existing driveway. The presence of the large wetland limits alternative locations for a road. Hennepin County is suggesting turn lanes off of Shoreline. The property is in the Municipal Urban Service Area (MUSA) and eligible to be connected to sanitary sewer. The developer proposes serving all lots with municipal sanitary sewer via an extension of the main off of Heritage Lane. Analysis Lot area and width. The lots appear to meet the minimum standards for lot area and width: Application Summary: The applicant requests approval of a preliminary plat for a 7 lot single family residential development on the 20.14 acre property at 1700 Shoreline Drive. Staff Recommendation: Staff recommends approval, subject to the conditions outlined below. FILE # LA20-48 August 17, 2020 Page 2 of 4 LR-1A Required Area (acres) Provided Area (acres) Required Width (feet) Conforming Buildable Gross Buildable Gross @BSL @OHWL/75 Lot 1* 0.5 2.0 1.42 3.39 200 229/ 229 Yes Lot 2* 0.5 2.0 0.96 3.27 200 211/213 Yes Lot 3* 0.5 2.0 1.30 3.67 200 216/ 216 Yes Lot 4 0.5 2.0 2.0 2.0 200 222 Yes Lot 5 0.5 2.0 1.24 2.01 200 322 Yes Lot 6 (Lake) 0.5 2.0 1.40 2.13 200 307 Yes Lot 7 0.5 2.0 2.0 2.00 200 203/261 Yes *Lots 1, 2, and 3 are not shown with frontage on Lake Minnetonka, but due to County platting rules, outlots A, B, and C will be combined with the adjacent building lot after platting, establishing frontage. Measurements are based on this combination. The developer has not provided anticipated house design, though house pads have been anticipated. It is expected that each home would be individually designed to accommodate its particular lot. Conservation design. A conservation design plan has been prepared, and is attached as Exhibit K. This plan supplements the original conservation design plan prepared for the Tanager Estates Plat, Exhibit L. The grading plan (Exhibit C) also shows proposed tree removal due to grading, utility, or home construction. This should not be considered as the final tree removal plan, but was requested to get a sense of tree removal impacts based on information known at the time. Most of the environmentally sensitive areas of the property are located on the north side of the parcel. The bluff and heavy Shoreland vegetation in this area are proposed to be maintained. It should be noted that shoreland and bluff regulations, including additional setbacks and restrictions will apply in these areas, further protecting these areas. The objectives of the Conservation design process are: (1) Protection and enhancement of drainage-ways and water quality; The project will conform to water protection regulations and policies. (2) Protection and enhancement of ecological communities; The large wetland and the sensitive bluffs will be preserved. (3) Reinforcement and establishment of ecological connections throughout the city; The development is based on Orono’s rural development principals. (4) Augmentation and preservation of view sheds including corridor enclosure and buffering; The site is not a designated view corridor. The addition of the homes is not likely to negatively impact the views into the area. (5) Preservation and improvement of views; and The location of the homes and the plat improvements are not expected to negatively impact the view into or out of the property. (6) Preservation or reinterpretation of local landmarks. None have been identified The design plan comments on the control of invasive species, including Buckthorn, Reed Canary Grass and Garlic Mustard. FILE # LA20-48 August 17, 2020 Page 3 of 4 Average Lake shore setback (ALS). The subject property has frontage on two lakes, with extreme setbacks on adjacent lots, drastically impacting the ALS for the new lots. The average setback for the proposed lot 6 is shown on the plat, and is influenced by lot 3 of Tanager Estates (currently unbuilt) and 1100 Millston Road. Since this line is predicated on the building pad site for lot 3, Tanager Estates, It is suggested that the ALS for the initial construction of lot 6 be established by resolution, at the time of final plat. Without using Lot 3, Tanager Estates, the setback between the lake and the principal structure at 1100 Millston Rd (appx 400 feet) would establish the ALS for lot 6, effectively making Lot 6 unbuildable without variances. The current Smith Bay ALS for the property is illustrated on Exhibit J. The building pads for lots 1, 2, and 3 will be lake ward of this existing line. Further, if lot 3 is built before lot 2, the ALS setback would be based on the distance between the house at 1760 Shoreline and the lake, approximately 971 feet, making lot 3 unbuildable without a variance. Staff suggests establishing the ALS for the initial structure by resolution at the time of final plat, based on the generic house pad location found on the preliminary plat. Stormwater Quality Overlay District prescribes stormwater quality standards, a maximum amount of hardcover on a given lot. The subject parcel is in Tier 1, due to its proximity to Tanager and Lake Minnetonka. Upon subdivision, each lot will be assigned a Tier. These assignments have not been completed. It is anticipated that lots 1 - 6 will be Tier 1 (25%) and lot 7 may be Tier 2 (30%). Tier assignments will be made as part of the final plat. All lots proposed are greater than 2.0 acres and are exempt from the structural coverage limitation. Parks. The plan does not include any park area. Park dedication will be satisfied by a cash donation for the 6 new lots. Landscaping. The applicant has not yet provided a landscaping plan. The subdivision code does require one shade tree per 40 feet of right of way. Staff recommends the trees be planted in clumps, a more natural effect rather than the traditional linear pattern found in suburban subdivisions. Fees. The following fees are anticipated for this proposed subdivision, to be due at the time of Final Plat approval, subject to the fee schedule applicable at that time. Per Lot fee x Number of New lots =Total fee Stormwater Truck Fee 8,060.00$ 6 48,360.00$ Sanitary sewer Connection 5,380.00$ 6 32,280.00$ SAC fees also due at time of Permit Park dedication 5,550.00$ 6 33,300.00$ Total Fees 113,940.00$ FILE # LA20-48 August 17, 2020 Page 4 of 4 Engineer Comments The city engineer’s comments are attached as Exhibit H. These primarily focus on the stormwater management issues. The engineer also notes the following: 1. The Sanitary sewer main will need a utility easement as it transits Lot 5. 2. The intersection of the new road and CSAH 15 will need to be reviewed and approved by Hennepin County. County Comments Formal County transportation comments specific to this plat have not yet been received, though they indicate their comments will be consistent with those developed for the sketch plan, attached as Exhibit I. The County does suggest turn lanes and additional right of way on Shoreline. Public Comments To date, no public comments have been received. Issues for Consideration 1. Are there any issues or concerns with this application? 2. Does the Planning Commission feel the project meets the standards of the Conservation Design Plan? Planning Staff Recommendation Staff recommends approval of the preliminary plat, subject to the following conditions. 1. All City Engineer comments addressed to their satisfaction 2. Watershed District (MCWD) approval 3. Hennepin County approval of the road access/ intersection. List of Exhibits Exhibit A. Application Exhibit B. Preliminary Plat Exhibit C. Grading Plan Exhibit D. Road Plan Exhibit E. Sewer Plan Exhibit F. Aerial Exhibit G. Staff Comments Exhibit H. Engineer Comments Exhibit I. County Comments Exhibit J. Average Lake shore setback exhibit Exhibit K. Conservation plan supplement Exhibit L. Original Conservation Design Plan Exhibit M. Mailing Information MINUTES OF THE ORONO PLANNING COMMISSION Monday, August 17, 2020 6:00 o’clock p.m. _____________________________________________________________________________________ Page 1 of 7 4. LA19-000048 WHITTEN AND ASSOCIATES O/B/O IRWIN L JACOBS 2018 REVOCABLE TRUST, 1700 SHORELINE DRIVE, PRELIMINARY PLAT, 8:07 P.M. – 8:53 P.M. Tim Whitten and Mark Gronberg (representing the Jacobs Family Trust), Applicants were present. Staff presented a summary packet of information. Barnhart added three conditions suggested by Staff with approval subject to those: 1) Watershed District Approval 2) Hennepin County Approval for the driveway 3) Engineering comments. Ressler noted the average lakeshore setback was something he didn’t think about, and said obviously this is unique in that they’re on both sides. When they’re talking about multiple sites, in looking at them individually, Site No. 3 and part of Site No. 2 would by definition be lake-ward of that setback and asked if that was correct. Barnhart answered that based on the line currently, Lots 2 and 3 for certain are in front of that average lakeshore setback as based on the current homes on either side. Ressler asked if this was different because it’s an entire development, rather than a typical application where it’s an individual property and the Commission has typically drawn a hard line on lakeshore setback precedents. He asked if this would expose the Commission on any sort of precedents going forward. Barnhart said regarding most of the subdivisions adjacent to the lake, there is a prescribed average lakeshore setback line because they don’t know when projects are going to be built. He noted if Lot 3 was the last lot to be built on, they may not have an issue because it would be based on where Lot 2 is, but again he stated they don’t know that timing and it greatly impacts what is marketable in terms of what pad can a buyer look at. He said it’s not uncommon for them to do it at the time of a subdivision, as that is how it was done for 690 Brown Road and for a project on Mooney Lake. He said they may set a precedent but the process has already been established earlier. His suggestion is that this would only apply to the initial construction. For example, Lot 3 builds a home in 2021 and they add on to it in 2050, he doesn’t want to come back to find this resolution, what was the average lakeshore setback at the time. McCutcheon asked what the main motivation is for not using Heritage Lane. Barnhart answered that the County would prefer that all access not use County Roads, so by shifting the traffic on Heritage Lane there is no new intersection on Shoreline and from that perspective the County thinks that is advantageous. During the sketch plan, the Planning Commission and the City Council heard pretty clearly that it was not a desirable option. Ressler asked as it’s applied right now, will Heritage Lane be the primary access for this construction. Barnhart answered no, access is proposed via Shoreline, there will be no vehicular connection between this portion of the project in Heritage Lane. He said there will be a sanitary sewer main from Heritage Lane that routes through the subdivision, but no vehicular connection. MINUTES OF THE ORONO PLANNING COMMISSION Monday, August 17, 2020 6:00 o’clock p.m. _____________________________________________________________________________________ Page 2 of 7 Ressler invited the Applicant to the podium. Mr. Tim Whitten of Whitten and Associates development consultants and architects, said he is here with Mark Gronberg, Civil Engineering. From the very beginning working with Staff, they have represented the Jacobs Family Trust, noting they really wanted to develop something that fit the City ordinances and they’ve been working on that all the way through concept and design and that brings them all the way to today. Chair Ressler opened the public hearing at 8:21 p.m. Mr. Kurt Woodhouse, 1800 Shoreline Drive, asked the Applicant what the boat dock situation will be and also on the West side which is now heavily wooded, he is concerned about preservation of trees along the West property line. Mr. Whitten answered regarding the docks, his belief is that there will be individual docks but that will be left up to the property owners who eventually build there, noting if they collectively get together and decide to do one dock that is up to them. He said perhaps Mr. Gronberg could speak about the tree survey. Mr. Mark Gronberg, 110 Leaf Street, said according to the grading plan on Lot 3 on the Southwest corner, the grading comes short of the 30 foot setback line on the side. On Lot 4 the grading is quite a bit to the East of that West line, noting the intention is to save all of the trees along there. Barbara Burwell, 1100 Millston Road, said she is interested from the standpoint of her family’s future and building on their lots for their sons, noting on Lot 6, she is concerned about the very steep bluff and how that would impact the lakeshore setback. She said she also owns property on Green Trees Road which is another area they are looking at building. She asked if that is based on the main house at 1100 Millston Road or 1125 Millston Road or the additional lots. Ms. Burwell said without having anything in mind at this moment, she would like to understand the future and how it would impact her future plans, noting the plotting is very critical to her. She said that is just a comment, she doesn’t think anyone can really answer that but she thinks Lot 6 and Lot 3 drive the future of the Green Trees property. She noted some current buildings on a map, including a caretaker’s house and asked how that would impact her as in the future the hope is that would be changed into a larger home. Ressler said Mr. Barnhart stated earlier when they’re doing a subdivision they establish what that average setback is going to be, assuming that the subdivision can meet the guidelines of minimum acreage, widths, etcetera. Barnhart stated the average lakeshore setback is a question that is very difficult to answer because there are so many moving parts. What he tries to do with a subdivision is to identify the average lakeshore setback for the lots within the subdivision. He noted an area on the map where Lot 6 would approximately be, and noted on the plat they identified the house pad for Lot 3 of Tanager Estates and identified the principal structure for this lot, which is the neighboring lakeshore lot. They drew a line there and wanted to make sure they had house pads that would fit within the setbacks and within the imaginary average lakeshore setback. He stated how that would impact Ms. Burwell’s property is, the average lakeshore setback for this lot will be based on where the next-door lake lot would be, in this case would be Lot 6 and the lake lot to the East, which is the vacant lot. If both lots are vacant, for example, if this subdivision happened and then one month later, she chose to redevelop her property, the setback MINUTES OF THE ORONO PLANNING COMMISSION Monday, August 17, 2020 6:00 o’clock p.m. _____________________________________________________________________________________ Page 3 of 7 would be based on the distance of this principal structure from the home which happens to be vacant, or Lot 6, which happens to be vacant, so they wouldn’t really have an average lakeshore setback. Ms. Burwell noted she owns 1075 Millston Road as well which is a little structure that is a house. Mr. Barnhart stated they only care about the principal structure for determining the average lakeshore setback, noting that the distance he previously mentioned would be the average lakeshore setback without any other imaginary configuration and that would be the distance for Lot 6. Ms. Burwell said she is confused because they are all individual and separate. Mr. Barnhart said they are all separate and regardless that she owns several of the lots, it doesn’t matter. He said he’d be happy to visit with her and go through the details. Ms. Burwell said she just wants to understand from a big future picture, she doesn’t want to belabor it but it is important to her. Her second question in regards to Millston Road is that it is a constant pullover area for all kinds of vehicles and making a left hand turn into her driveway is very difficult. She noted numerous occasions where people have run into that ribbon fence, as it’s not a very friendly road and it’s difficult. She asked what the County is saying about the traffic pattern going into that road, noting it’s a dangerous turn. Barnhart said the County provided some comment and at this stage, he will have to check, but originally the County proposed turn lanes for both approaches and they have since retracted one of those and currently are looking for a turn lane for only one of those approaches, he does not recall which one. He noted that is the only proposal from a County perspective. Ressler made an observation that the Commission is reviewing text all the time, earlier they talked about motorcycles versus automobiles and whether they are the same and lakeshore setback is similar. He said a few months ago they had a deliberation on how they were going to define lakeshore setback, and for good or for bad it may change by the time they get to that point of development. He stated Mr. Barnhart and Staff are good people to bounce ideas off of to find out what fits and they’ve been very helpful. Michael Kuhlman, 1760 Shoreline Drive, asked the developer if there’s been any consideration regarding the power lines that run and where the utilities will be accessed from for the new structure. Mr. Gronberg answered they usually don’t get involved with the small utilities until they are farther along in the process and he noted they most likely run underground up into the subdivision, but he doubts that they’d want to bury utilities out on Shoreline Drive. Ressler noted it sounds like it’s still undecided. Mr. Gronberg answered yes, they would know more this winter when the process is farther along. Mr. Kuhlman followed up and asked if they’re going to tear up the road to do the new approaches, would there be any consideration to bury the power lines that are there to support the property. Ressler said it sounds like they are inconclusive regarding the part that runs along County Road 15 but noted they appreciate Mr. Kuhlman’s feedback and that could be a discussion when they get further into MINUTES OF THE ORONO PLANNING COMMISSION Monday, August 17, 2020 6:00 o’clock p.m. _____________________________________________________________________________________ Page 4 of 7 the project. He stated any time power lines can be buried it eliminates power outages and he thinks anybody in Orono would also appreciate that. Ms. Burwell said she was having a conversation with the City Engineer after the horrible fire on Lake Minnetonka on the Davis property. She said she’s lived there for over thirty years and she wondered where her fire hydrant is, noting that the closest water station is the Minnetonka Beach Water Tower, and she asked if there were considerations in any of the new developments or houses within Orono for fire protection. She noted she’s okay with the lake in the summer but it’s not very good in the wintertime. Barnhart answered that they are not proposing to put new City water through this subdivision, all of the lots would be served by wells, so there is not a proposal for fire hydrants at this time. Ms. Burwell stated she’s asking the question not just on the Jacobs property, but also on her property in Green Trees and how Orono as a City services the problems of fire, noting the Fire Department was having problems getting the fire out on Lake Minnetonka. She noted it is a different question than what they’re talking about regarding the proposal but she’s adding the fire question regarding her own property, the Jacobs, Green Trees and surrounding areas. Ressler noted Barnhart could probably answer more to that as he’s more knowledgeable of that fire in Wayzata that was a big mess and a big disaster and it would be good to have fire hydrants whenever you can. However, he thinks those are usually tapped in when there is City water. To answer Ms. Burwell’s question on how it relates to her, if she were going to do a subdivision of her property -- Ms. Burwell said she’s not asking from a subdivision standpoint, she’s just asking as a homeowner, noting she was unaware until recently that when Southways was taken down, there was a cauldron of water for fire protection, and she doesn’t have that. She stated it’s an entirely different subject but she’s bringing it up as the City is building new homes. Ressler said just like City sewer and City hook-ups, all those things have costs, and he would assume that the homeowners can elect to tap into City water and pay to have a fire hydrant installed and asked Barnhart if that is correct. Barnhart answered yes, he thinks Ms. Burrell’s question is a larger one in terms of what service the City provides, noting there are pages of information on the decisions that have been made over time. He said it’s probably best for him to defer that to the City Engineer and the City Council, because it is a policy question for the Council and the City Engineer will say you can do whatever you want as long as you’re willing to pay for it. At this stage, Barnhart’s understanding is the City has provided water to certain areas of the community, not the entire community. Ms. Burwell again said she says it as a citizen and there is certainly a need and as a homeowner, especially if you’re building from the ground up, to be brought aware of what the City will do for fire. Up until now she hasn’t given it a single thought because they have a great Fire Department and said she has met with the Fire Department. Ressler noted it was a good question and the Commission sometimes talks about how the fire trucks turn around in cul-de-sacs, but sometimes it gets lost just relying on code about how to get the water to the fire trucks. MINUTES OF THE ORONO PLANNING COMMISSION Monday, August 17, 2020 6:00 o’clock p.m. _____________________________________________________________________________________ Page 5 of 7 Chair Ressler closed the public hearing at 8:40 p.m. Gettman said he has no additional issues; the Applicant has been working with the City for a while now and this seems to be the only way to develop this particular area. Bollis stated he agrees with Staff and they’ve been pretty thorough in working with this developer and making sure it’s the right fit for this piece of property. Kirchner said in full disclosure, he lives at 1090 Heritage Lane, but his property does not abut to this property. He agrees with the comments and the Staff’s recommendation on this, they are all conforming lots. He thinks it’s been mentioned in previous meetings when Applicants are trying to develop properties within the existing ordinances, which they are doing in this case, the Commission needs to allow that to happen and he is supportive of that. Ressler asked to clarify regarding Kirchner’s disclosure, does Kirchner feel that he is skewed by his opinion based on the proximity or if he feels he can comfortably and independently rule on his decision. Kirchner answered he doesn’t feel that he is skewed, he does not show abutting properties and he has no financial interest or anything related to the development or any other association with it. Erickson stated he is in favor of the Staff recommendation and would like to make an additional comment regarding the access at the intersection from County Road 15, and said he is pleased to see that Hennepin County is maintaining their endorsement for the right-turn lane and that is very important. He said at this point, he is not seeing any mention of a blend lane or a right-out space for people leaving the project and headed West and he thinks that would be an important aspect in terms of transportation safety and he hopes that gets some discussion in the future process. Libby had a couple of questions for Mr. Gronberg, noting it is a nice plan and he has looked at it before because he is a direct neighbor. He said in 17 years of living on Heritage Lane in Fox Hill, they’ve dealt with these accesses and right-of-way accesses in and out of the neighborhood for a long time. He noted he’s had countless, probably thousands of trips in and out and said he doesn’t see a dimension for the private street driveway width. Mr. Gronberg answered there was a typical section on the road plan and he thinks it is 28 feet. Libby asked if the right-turn lane coming from the East would have a right-of-way shoulder. Mr. Gronberg said they just got the comments that the County is looking at it so they will go by the County’s recommendation, noting the turn lane hasn’t been designed yet. Libby said the question is adjunct to Ms. Burwell’s question because it doesn’t take very long for a couple of cars to slow down to turn into a secondary street without backing up the traffic, which is constant in both directions. At the juncture where the driveway terminates and comes out where there wouldn’t be a turn lane, he asked if there was any thought or provision to have any parking, even for the three lots that have the dock access. He said again, knowing that he has to take his provisions and guests from his home down to the lakeshore to cross County Road 15 to get to the docks, he is very familiar with the protocol and process to do that. However, he said they have a public street to park on as residents of the Fox Hill Homeowners’ Association and they are courteous about not overusing a public street. On a private drive MINUTES OF THE ORONO PLANNING COMMISSION Monday, August 17, 2020 6:00 o’clock p.m. _____________________________________________________________________________________ Page 6 of 7 or for those residents in Lots 1, 2 and 3, they will have to provision to come down to County Road 15 and asked if there was anything in the plan for that. Mr. Gronberg answered that’s a very good idea and they could look into that, noting they are hampered a little bit by such a narrow corridor there and all the wetlands, but they could see if there’s room for someone, even if they come down in a golf cart, to pull off. Libby noted that is a great idea as that is a safety measure that he’s seen become a serious problem in his neighborhood and he thinks it’s a helpful provision. He noted it’s always been discussed after the Tanager Estates first designed the provision that if this was ever to double, would there be a safe method for people to cross County Road 15, so the residents in Lots 1, 2 and 3 that will have dockage there, will have to transfer themselves across the road. Mr. Gronberg noted they could not do it on County right -of-way, but that’s a very good point to look at. Libby encouraged Mr. Gronberg to contact himself or someone from the Fox Hill Homeowners’ Association because they have endeavored very seriously as an HOA to discuss with Mr. Godfrey and other traffic and safety control engineers in Hennepin County to allow some type of a painted crosswalk or signal. He said they are a neighborhood of 26 residents with 16 boat-slips, about the fourth or fifth largest commercial dock system on the lake and even with children and elderly people walking across on a regular basis, they were completely turned down even after traffic counts. He said he would welcome it if Mr. Gronberg would like to collaborate with his neighborhood eventually and see if they could go back to Hennepin County to get some genuinely safe methods of transit across County Road 15. Mr. Gronberg stated he knows how tough it is to get back and forth across that road. Libby said it is a safety issue that is almost beyond comprehension as in his neighborhood there are three or four families with minor children under 10 years old and must transition across with small children. He said he has a number of clients, friends and acquaintances who are quite elderly, including his wife who will be 80 years old at the end of the month, and they must transition that road to go over and use their lakeshore and their dock. He stated he thinks it’s important to collaborate in the future in getting Hennepin County to do something. Libby asked if Mr. Gronberg could not create parking at the juncture of the private driveway and County Road 15, would they have a wide enough thoroughfare there that some of the residents and their guests can park and then walk down the approximately two blocks. Mr. Gronberg answered they could work with the city to have a bit wider of a lane down there if there isn’t enough room for parking and thanked Libby for the ideas he brought up. McCutcheon stated he had nothing to add. Ressler asked Barnhart if this is City sewer. Barnhart answered yes. Ressler asked Barnhart if MUSA allows City sewer and water. Barnhart answered MUSA is for City sewer and that water is a different entity. MINUTES OF THE ORONO PLANNING COMMISSION Monday, August 17, 2020 6:00 o’clock p.m. _____________________________________________________________________________________ Page 7 of 7 Ressler asked Barnhart if they decided to add City water to this development, would that be another expansion of the MUSA. Barnhart answered no, it would a request from the City Council to connect to the public system, and the cost would be associated with that request. Ressler stated one of the comments from the public hearing was good, he had overlooked that it would not have any hydrants and he thinks it’s worth considering if the Applicant wanted to think about it, he would defer to the Council’s opinion on whether that was necessary or not. The other comment, as Mr. Libby stated, is the parking situation. He said when he looked at those three lots and the lakeshore having their identified private docks as well, any time someone is doing any kind of entertaining, asking people to walk along the shoulder of County Road 15, depending on the day can be challenging. He said he’s not sure he has an opinion on how that works because if someone has their own private lakeshore, they’d like to have their own private lakeshore for use, noting it’s a safety concern but is probably a salability issue more than anything else. He said it may not be more than a comment for consideration but one might make an argument that a community dock is better because at least people aren’t walking down the shoulder for 100 yards before they get to their lot. He said he appreciates Barnhart addressing the comments on average lakeshore setback and how they understand that precedent. Going back to the parking situation, Ressler said whether there is a pullover, if there is parking on that road they will also need to have a turnaround without having to get back on County Road 15 to get back to the homeowner’s property. He said he’d recommend the Applicant consider that perhaps there could be a couple of areas where cars could pull a golf cart or vehicle in, that might be a nice amenity. Ressler noted the layout looks reasonable and perhaps a bit of thoughtfulness in those things as the developer is laying it all out with the turn lanes and everything else, and it will be nice when it’s done. McCutcheon moved, Gettman seconded to approve LA19-000048 Whitten and Associates O/B/O Irwin l Jacobs 2018 Revocable Trust, 1700 shoreline Drive, Preliminary Plat as applied with conditions recommended by Staff. Vote: Ayes 7, Nays 0. H:\ORNO\C13120357\z_Shoreline Estates\ShorelineEstates_PrePlatReview_2020-08-13.docx August 13, 2020 City of Orono Attn: Jeremy Barnhart 2750 Kelley Parkway Orono, MN 55356 RE: Preliminary Plat Application Shoreline Estates Engineering Review #2 Dear Jeremy: As requested, I have completed an engineering review of the revised documents submitted for the above referenced project. We offer the following observations, comments, and recommendations for your consideration: 1. Four rain gardens and soil amendments are proposed for stormwater runoff management to meet regulatory requirements. The following must be considered regarding stormwater management: a. Per City requirements, the proposed stormwater management system must limit proposed peak runoff rates to that of existing for the 1, 10, and 100 year – 24h hour events. In addition, per NPDES MS4 requirements, the system must limit proposed discharges of runoff volume, Total Suspended Solids, and Phosphorus on an annual average basis to that of existing conditions as well. b. Based on field inspection and a shovel test, site soils are likely not conducive for infiltration. If infiltration is not possible due to site soils, volume control will not be required per NPDES requirements, but rain gardens are still necessary to treat the water quality volume and provide pollutant control. Also, due to the tight soils, an underdrain must be installed with the basins to ensure complete drawdown between rainfall events. c. The number of rain gardens should be reduced to consolidate treatment locations and future maintenance. The two basins proposed in the rear yards pose access and maintenance issues. d. Facilities necessary for the ultimate development (street construction, driveways, buildings, etc.) must be installed and the site mass-graded at the same time as street construction to ensure all drainage ways, watersheds, and runoff management systems are constructed per the approved Stormwater Management Plan and are sized adequately for proposed improvements. e. Rain gardens must be permanently vegetated prior to issuance of any building permits. f. An impervious surface exhibit must be provided to verify areas match the calculations. The exhibit must indicate existing and proposed impervious surfaces. g. A stormwater management plan outlining how the proposed improvements will meet all requirements must be submitted for review prior to Preliminary Plat approval to ensure adequate siting is available for required facilities. Preliminary Plat Application Shoreline Estates Page 2 H:\ORNO\C13120357\z_Shoreline Estates\ShorelineEstates_PrePlatReview_2020-08-13.docx 2. Storm sewer sizing calculations must be submitted with correspond drainage area map to verify adequate sizing. 3. Final Plans must include the following: a. Grading, Drainage, and Erosion Control Plan b. Street Construction Plan c. Utility Plan d. Landscape and Restoration Plan (including invasive species removal) e. SWPPP meeting NPDES requirements 4. The applicant will be required to obtain Minnehaha Creek Watershed District (MCWD) approval and permitting. Per recent correspondence with MCWD, they will require all stormwater runoff management facilities to be installed with initial development. A copy of any approvals or permits required must be submitted prior to Final Plat approval. 5. The applicant will be required to obtain a General Construction Permit (NPDES) to discharge stormwater associated with construction activity since more than 1 acre will be disturbed. A copy of the permit must be submitted prior to any land disturbing activity. 6. The applicant will be required to obtain Hennepin County approval and permitting for connection to CSAH 15. A copy of any approvals or permits required must be submitted prior to Final Plat approval. 7. The applicant will be required to submit a Maintenance Agreement for all stormwater management structures and facilities. The agreement must define maintenance responsibilities following completion of project, specify types and frequencies of inspection and maintenance activities, designate who will conduct inspection and maintenance activities, and outline reporting requirements. 8. Drainage and Utility Easements msut be provided as follows: a. Over all sanitary forcemain. b. Over all stormwater management facilities used to meet regulatory requirements. c. Over all wetland and buffers. d. All swales and piping providing drainage for multiple properties. e. 5’ along all side lot lines, unless adjacent to Development boundary. f. 10’ along all front lot lines, rear lot lines, and adjacent to Development boundary. 9. Well locations must be indicated on the site plan to confirm adequate separation distance to septic facilities. 10. The 15” CMP under the entrance road must be replaced with a 15” RCP and existing drainage patterns maintained. 11. To better facilitate drainage, a rural street section should be considered at the entrance south of the storm sewer to the rain garden. Ditches do not need to be included. Due to the existing wetland on the west side and an existing culvert on the east, runoff will naturally drain away from the road. Otherwise, a curb cut must be installed at the low point with riprap to dissipate energy. Preliminary Plat Application Shoreline Estates Page 3 H:\ORNO\C13120357\z_Shoreline Estates\ShorelineEstates_PrePlatReview_2020-08-13.docx If you have any questions or comments, please contact me to discuss. Sincerely, Bolton & Menk, Inc. Robert E. Bean, Jr., P.E. Water Resources Engineer H:\ORNO\C13120357\z_Shoreline Estates\ShorelineEstates_PrePlatReview_2020-08-03.docx August 3, 2020 City of Orono Attn: Jeremy Barnhart 2750 Kelley Parkway Orono, MN 55356 RE: Preliminary Plat Application Shoreline Estates Engineering Review #1 Dear Jeremy: As requested, I have completed an engineering review of the documents submitted for the above referenced project. We offer the following observations, comments, and recommendations for your consideration: 1. Five rain gardens are proposed for stormwater runoff management to meet regulatory requirements. The following must be considered regarding stormwater management: a. Per City requirements, the proposed stormwater management system must limit proposed peak runoff rates to that of existing for the 1, 10, and 100 year – 24h hour events. In addition, per NPDES MS4 requirements, the system must limit proposed discharges of runoff volume, Total Suspended Solids, and Phosphorus on an annual average basis to that of existing conditions as well. b. Based on field inspection and a shovel test, site soils are likely not conducive for infiltration. If infiltration is not possible due to site soils, volume control will not be required per NPDES requirements, but rain gardens are still necessary to treat the water quality volume and provide pollutant control. Also, due to the tight soils, an underdrain must be installed with the basins to ensure complete drawdown between rainfall events. c. The number of rain gardens should be reduced to consolidate treatment locations and future maintenance. The basin proposed near the entrance does not have adequate vertical separation from the anticipated water table, so it should be eliminated. In addition, the two basins proposed in the rear yards pose access and maintenance issues. d. Facilities necessary for the ultimate development (street construction, driveways, buildings, etc.) should be installed and the site mass-graded at the same time as street construction to ensure all drainage ways, watersheds, and runoff management systems are constructed per the approved Stormwater Management Plan. e. Rain gardens should be permanently vegetated prior to issuance of any building permits. f. Calculations indicate all driveways will be pervious. Since construction and maintenance of pervious pavement by private property owners often results in inadequate treatment and management of stormwater runoff, all driveways must be calculated as impervious surfaces for the purpose of rate control verification. g. A stormwater management plan outlining how the proposed improvements will meet all requirements must be submitted for review prior to Preliminary Plat approval to ensure adequate siting is available for required facilities. Preliminary Plat Application Shoreline Estates Page 2 H:\ORNO\C13120357\z_Shoreline Estates\ShorelineEstates_PrePlatReview_2020-08-03.docx 2. Storm sewer sizing calculations must be submitted with correspond drainage area map to verify adequate sizing. 3. Final Plans should include the following: a. Grading, Drainage, and Erosion Control Plan b. Street Construction Plan c. Landscape and Restoration Plan (including invasive species removal) d. SWPPP meeting NPDES requirements 4. The applicant will be required to obtain Minnehaha Creek Watershed District (MCWD) approval and permitting. A copy of any approvals or permits required should be submitted prior to Final Plat approval. 5. The applicant will be required to obtain a General Construction Permit (NPDES) to discharge stormwater associated with construction activity since more than 1 acre will be disturbed. A copy of the permit should be submitted prior to any land disturbing activity. 6. The applicant will be required to obtain Hennepin County approval and permitting for connection to CSAH 15. A copy of any approvals or permits required should be submitted prior to Final Plat approval. 7. The applicant will be required to submit a Maintenance Agreement for all stormwater management structures and facilities. The agreement must define maintenance responsibilities following completion of project, specify types and frequencies of inspection and maintenance activities, designate who will conduct inspection and maintenance activities, and outline reporting requirements. 8. Drainage and Utility Easements msut be provided as follows: a. Over all sanitary forcemain. b. Over all stormwater management facilities used to meet regulatory requirements. c. Over all wetland and buffers. d. All swales and piping providing drainage for multiple properties. e. 5’ along all side lot lines, unless adjacent to Development boundary. f. 10’ along all front lot lines, rear lot lines, and adjacent to Development boundary. 9. Well locations must be indicated on the site plan to confirm adequate separation distance to septic facilities. 10. The 15” CMP under the entrance road must be replaced with a 15” RCP and existing drainage patterns maintained. 11. To better facilitate drainage, a rural street section should be considered at the entrance south of the storm sewer to the rain garden. Otherwise, a curb cut must be installed at the low point with riprap to dissipate energy. If you have any questions or comments, please contact me to discuss. Sincerely, Bolton & Menk, Inc. Robert E. Bean, Jr., P.E. Water Resources Engineer August 3, 2020 Whitten Associates, Inc. Attn: Timothy Whitten VIA EMAIL 4159 Heatherton Place tim@whittenassociates.com Minnetonka, MN 55345 Re: Shoreline Estates File # LA20-000048 Mr. Whitten, The City has reviewed your preliminary plat proposal, and has a number of comments to offer. It is recommended that these comments be incorporated into revised drawings. For inclusion on the Planning Commission packet, revised drawings should be received no later than close of business August 10, 2020. Lots/ Setbacks 1. As shown, lots 1-3 are not lake lots, as they do not have frontage on a lake. Therefore, their width is measured at the building setback line, 50 feet from the street. Lots 2 and 3 do not meet the minimum 200 foot of width. It is assumed that lots 1-3 will be made into lake lots by extending across County Rd 15. If so, the lot width is measured at the lake and at the 75 lake yard. Outlots shown. 2. The proposed/ anticipated house sites for lots 5 and 6 are impacted by the 30 foot top of bluff setback. Noted 3. The plans indicate the amount of contiguous dry buildable area for lots 1-3. Please also include that calculation for lot 5 and 6. Provided 4. Please show the 75 lake setback for lots 1-3, and 6. Shown 5. Please show the average lake shore setback as provided for in section 78-1279 for lot 6. Use the identified house pad for lot 3, Tanager Estates. Shown 6. The street side yard setback for Lot 1 is 30 feet. Shown 7. Lot 7 has frontage on three sides, the narrowest dimension is the designated front yard and its 50 foot setback. The other frontages will require a 30’ side street setback. Shown 8. Is an entrance monument proposed? If so, details should be provided and it should be located either within an easement or outlot. Not shown Streets 9. Hennepin County has provided preliminary comment, attached as Exhibit A. Final Comments are expected August 10th. Final comments have not been received. 10. The street will be private. A homeowners association will need to be established for the continued maintenance of the improvement. Noted 11. Please confirm the radii dimension for the cul de sac. ROW radii should be 50 feet, the pavement should be 45 feet. Radii not labeled on plat or road plan. Utilities 12. The service connection for lot 5 should be in the front yard, nearer the street. Revised 13. City Engineer comments are attached as Exhibit B. Grading/ Landscaping 14. Please show and list all trees that will be removed due to grading and those that are anticipated to be removed due to house pad preparation. Shown on grading plan 15. Please provide a detail of the retaining wall proposed in the front yard of lot 5. (Height/ material/ etc.) Grading plan labeled. 16. Stormwater management plans must be submitted to the watershed district for their review and comment. Noted. Pending. 17. The plan shows 5 rain gardens. A private covenant will be necessary guarantee maintenance of these gardens in perpetuity. Noted. Number of raingardens reduced to 4. 18. All rain gardens will need to be installed, planted, and easements recorded prior to issuance of any building permit in the subdivision. Note 19. Please provide a planting plan for each of the proposed rain gardens. Not provided. Other/ Miscellaneous 20. Street trees are required. 1 tree is required per 40 feet of street frontage. The City Council has recently preferred trees to be installed in natural clumps, in lieu of 40’ on center placement. Note. 21. As part of the final plat, the following legal documents will be required a. Home Owners Association (HOA) documents to guarantee the maintenance of the rain gardens and the private street b. Private Covenants to guide use and house design (if desired) c. Drainage and flowage easements (over wetlands) d. Conservation easements (over bluff areas, at minimum) e. Buffer documents (as required by watershed district) f. Drainage and Utility Easements over each rain garden. Note It is helpful to provide a point by point response when submitting new plans, to facilitate more efficient review by Planning Commission and City Council. Please feel free to contact me at 952.249.4626 or by email at jbarnhart@ci.orono.mn.us if you have any questions on the above requirements. Sincerely, CITY OF ORONO Jeremy Barnhart, AICP Community Development Director Exhibit A Hennepin County Comment Jason Gottfried (Jason.Gottfried@hennepin.us) Access: While our first preference continues to be connecting these homes internally to Heritage Ln, we understand that is not broadly supported. We would accept the use of the current driveway along CSAH 15 with the condition of both turn lanes being provided. Due to Shoreline Drive’s higher volumes, as a two-lane roadway, we recommend turn lanes for both approaches (eastbound left, and westbound right turn lanes). While trip generation may be somewhat low (7 homes), we would anticipate numerous deliveries, landscapers, and other services frequenting this location. With any access along Shoreline Drive, the WB right turn would be the predominate movement, but for the occasional EB left turn, finding gaps to turn safely are minimal, and we would seek to have left turn lanes to provide residents and visitors a more comfortable approach while allowing for heavy EB traffic volumes to pass more safely in the dedicated thru lane. Right-of-way: With continual erosion along the lakeshore, we believe it would be prudent to dedicate right-of-way along the north side of Shoreline Drive when and where feasible to allow for future roadway needs. This may possibly include shifting the roadway to the north in a future project to minimize this erosion risk and degradation to the roadway. At this time, we request 27’ ROW on the north half of CSAH 15. At minimum, dedication of ROW would be needed to cover turn lanes at this location. Proposed ALS (Line B) Predevelopment ALS (Appx) Line A Proposed ALS Line C AGENDA ITEM Prepared By: J. Barnhart Reviewed By: DJR Approved By: DJR 1. Purpose. Approve the proposed changes to the Subdivision Code. 2. Background. At its meeting on August 13th, the Council received the subdivision code proposal developed by city staff and the City attorney. The Council requested that the draft be sent to area surveyors for their input. The draft was sent on August 18th to the following surveyors and engineers who represent subdivision projects since 2018. Eric Luth Sambatek Mark Gronberg Gronberg and Associates Sam Civil Site Group Mark Rausch Alliant Engineering Steve Eggert Lakewest Development The draft was also shared with members and guests of the Code Review Committee on August 20th. The one comment received to date regards the definition of dry-buildable. The commenter questions why steep slopes would be excluded from the calculation as in certain cases, a walk out basement could generate slopes of 22+ degrees. Staff does not propose substantive changes to the dry buildable definition; the changes reflect the current definition in the zoning code and the desire that these definitions be consistent throughout the city code. A change to the dry-buildable definition to include steep slopes would likely result in reduced “effectively” buildable areas of lots as steep slopes reduce areas for septic systems and house pads without major grading effort. In unsewered areas, the dry buildable calculation is a critical component in developing a subdivision. Note that steep slopes are a major feature of the subdivision at 135 Orono Orchard Road and allowing them to be counted as ‘buildable’ could result in additional lots. All changes are shown, new text is underlined, and text to be deleted is struck-through. 3. Planning Commission Vote and Comment. The Planning Commission voted 5-1 (Bollis) on a motion to approve the changes to the subdivision code as proposed. 4. Public Comment. The only comment received to date is attached as Exhibit B. 5. Staff Recommendation. Staff recommends approval of the ordinance as drafted. COUNCIL ACTION REQUESTED City Council should provide staff direction. Item No.: 16 Date: September 14, 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 Exhibits A. Draft Ordinance B. Surveyor comment References CC Staff report and exhibits August 13, 2020 CC Minutes August 13, 2020 PC Staff report July 20, 2020 PC Minutes July 20, 2020 PC staff report June 15, 2020 PC Minutes, June 15, 2020 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 Alley means a public or private right-of-way primarily designed to serve as secondary access to the 13 side or rear of those lots whose principal frontage is on some other street. 14 Applicant means any subdivider or their his agent. 15 Block means a tract of land bounded by streets, or by a combination of streets and public parks, 16 cemeteries, rights-of-way, exterior boundaries of the subdivision, shorelines of waterways, outlots or 17 boundary lines of municipalities. 18 Bond means any form of security, including surety bond, warranty bond, penalty bond, collateral, 19 property, or instrument of credit acceptable to the city. 20 Building means any structure having a roof which may provide shelter or enclosure of persons, 21 animals or chattel; and when the structure is divided by party walls without opening, each portion 22 of such building so separated shall be deemed a separate building.any structure or any part of a 23 structure built for the support, shelter or enclosure of persons, animals, chattels or movable property of 24 any kind. 25 Building site line means a line on the preliminary plat which delineates the dry buildable land of any 26 lot upon which a structure may be constructed, which land meets all of the setback requirements of 27 chapter 78. 28 Capital improvement program means an itemized program setting forth the schedule and details of 29 specific contemplated public improvements by fiscal year, including public improvements in or related to 30 air space and subsurface areas necessary for mined underground development pursuant to Minn. Stats. §§ 31 469.135—469.141, together with their estimated cost, the justification for each improvement, the impact 32 that such improvements will have on the current operating expense of the city, and such other information 33 on capital improvements as may be pertinent. 34 State Law reference— Similar provisions, Minn. Stat. § 462.352, subd. 9. 35 Community facilities plan means a compilation of policy statements, goals, standards, maps and 36 action programs for guiding the future development of the public or semipublic facilities of the city, such 37 as recreational, educational and cultural facilities. 38 State Law reference— Similar provisions, Minn. Stat. § 426.352, subd. 8. 39 Comprehensive municipal planCommunity Management Plan means a compilation of policy 40 statements, goals and standards, and maps and recommendations for their execution, prepared and 41 adopted by the city for guiding the physical, social and economic development, both private and public, 42 Commented [JB1]: Ordinance reviewed for gender neutrality Commented [JB2]: Changing definition to incorporate zoning def. Zoning: Building means any structure having a roof which may provide shelter or enclosure of persons, animals or chattel; and when the structure is divided by party walls without opening, each portion of such building so separated shall be deemed a separate building. Commented [JB3]: The Orono Comprehensive Plan is called the Community Management Plan July 20, 2020 page 2 of the city and its environs and to protect the public health, safety and welfare, and may include but is not 43 limited to statements of policies, goals and standards, a land use plan, a transportation plan, a community 44 facilities plan, a capital improvement program, an official map, a surface water management plan and a 45 comprehensive sewer plan. The Community Management Plan is the City of Orono’s Comprehensive 46 Municipal Plan. 47 State Law reference— Similar provisions, Minn. Stat. § 462.352, subd. 5. 48 Comprehensive sewer plan means a compilation of policy statements, goals, standards, maps and 49 action programs for the preservation and best use of waters and other natural resources of the city, for the 50 prevention, control and abatement of water pollution in the city, and for the efficient and economic 51 collection, treatment and disposal of sewage in the city. 52 Construction plan means the maps or drawings, accompanying a subdivision, showing the specific 53 location and design of required public or private improvements to be installed as part of the subdivision in 54 accordance with the requirements of the city or this chapter as a condition of the approval of the 55 subdivision. 56 Cul-de-sac means a local street with only one outlet and having an circular turnaround appropriate 57 terminal for the safe and convenient reversal of traffic movement. 58 Density means the number of building sites per acre. 59 Design standards means the specifications to the subdivider for preparation of preliminary and final 60 plats, including but not limited to the optimum, minimum or maximum dimensions of such items as 61 rights-of-way, blocks, easements and lots, public and private improvements. 62 Dry buildable land means that portion of the lot not encumbered by the waters of a duly 63 recorded lake or river, Wetlands, Bluffs, or slopes greater than 18 percent.land area occurring within 64 the property lines of a parcel or lot, excluding drainageways, flowage areas, floodplains, wetlands, 65 marshland or slopes of 18 percent or greater. 66 Easement means authorization by a property owner for the use by another, and for a specified 67 purpose, of any designated part of his their property. 68 Escrow means a deposit of cash with the city. 69 Flexible zoning includes but is not limited to all special or conditional use permits, variances, 70 planned unit development and rezoning. 71 Grade means the slope of a road, street or other public way, site or topography specified in 72 percentage terms. 73 Improvements means any building, structure, drainage ditch, dam, roadway, parkway, sidewalk, 74 pedestrian way, trees, shrubs, lawn, off-street parking area, sewer and water utilities, or other facility. 75 Improvements, lot, means any improvement on the lot. 76 Improvements, private, means any improvement required by this chapter, which improvement the 77 city or subdivider shall construct at the subdivider's expense and for which the city will not assume any 78 responsibility for its maintenance and operation and which shall not be dedicated to the city. 79 Improvements, public, means any improvement required by this chapter, which improvement the city 80 or subdivider shall construct at the subdivider's expense and for which the city will ultimately assume the 81 responsibility for its maintenance and operation upon issuance of the certificate of satisfactory 82 completion. 83 Commented [JB4]: Commissioner Bollis advocated for “an appropriate turnaround”. The term circular is critical as fire code allows for a hammerhead, the city of Orono has consistently required circular turnarounds. A non circular turnaround is a hammerhead, a definition that could be added. Commented [JB5]: Zoning: Dry buildable means that portion of the lot not encumbered by the waters of a duly recorded lake or river, wetlands, bluffs, or slopes greater than 18 percent. Commented [SM6]: I have never seen this definition. Commented [JB7]: Probably don’t need it at it triggers a classification, which we are doing away with. July 20, 2020 page 3 Land use plan is a chapter of the Community Management Plan and means a combination of policy 84 statements, goals, standards, maps and action programs for guiding the future development of private and 85 public property. The term includes a plan designating types of uses for the entire city as well as a 86 specialized plan showing specific areas or specific types of land uses, such as residential, commercial, 87 industrial, public or semipublic uses or any combination of such uses. A land use plan may also include 88 the proposed densities for development. 89 State Law reference— Similar provisions, Minn. Stat. § 462.352, subd. 6. 90 Lot means a tract, plot or portion of a subdivision or other parcel of land intended as a unit for the 91 purpose, whether immediate or future, of transfer of ownership or for building development. Every 92 platted lot shall be a Bbuildable Llot or an outlot. 93 Lot area means the area of a lot in a horizontal plane bounded by the lot lines, but not including 94 any area occupied by the waters of a duly recorded lake or river or wetland or area which has been 95 dedicated as public right -of-way. 96 Lot area, minimum, means minimum area required for each proposed lot as prescribed in chapter 78. 97 In rural zones not served by sanitary sewer, each lot must contain a minimum of two acres of contiguous 98 dry buildable land exclusive of wetlands, public and private rights-of-way, vehicular or pedestrian 99 easements, surface areas below the ordinary high water mark of any surface water or areas at or below the 100 floodplain elevation for a specific property. All rural lots must comply with chapter 58, article II. In urban 101 areas served by sanitary sewer, each lot must contain contiguous dry buildable land equal to the minimum 102 areas as prescribed in chapter 78 or half-acre, whichever is less (exclusive of public and private rights-of-103 way, vehicular or pedestrian easements, surface areas below the ordinary high water mark of any surface 104 water wetlands or areas at or below the floodplain elevation for a specific property), and have legal access 105 to the building site without encroachment of a wetland or floodplain area. 106 Lot, back, means a lot typically separated from a public or private road by another lot and which 107 gains access to the public or private road via a narrow corridor. Such a separated lot is considered to be a 108 back lot when the corridor is platted as an outlot. A separated lot is considered to be a flag lot when the 109 corridor is platted as part of the lot. When the corridor is merely an easement over another lot, the 110 separated lot is considered to be an easement back lot. 111 Lot, buildable, means a lot or combination of lots or outlots which meet all of the requirements of 112 chapter 78 and this chapter for the intended purpose. 113 Lot, corner, means a lot situated at the junction of, and abutting on, two or more intersecting 114 streets, or a lot at the point of deflection in alignment of a continuous street, the interior angle of which 115 does not exceed 135 degrees a lot situated at the intersection of two streets, the interior angle of such 116 intersection not exceeding 135 degrees. 117 Lot, front, means a lot abutting a public or private road across which an outlot has been platted for 118 access to a back lot. 119 Lot, outlot, means a lot depicted on a final plat which intended for open space preservation, access, 120 future development or other use. which is intended only for public or private roadways, open space or 121 other use, which use must be restricted by the appropriate easement and which use must be approved by 122 the city at the time of final plat approval. The use of the outlot will thereafter be restricted by the 123 appropriate restrictive covenant or open space easement. 124 Lot width means the horizontal distance between side lot lines measured at the following locations: 125 Commented [JB8]: Uses zoning chapter definition Commented [JB9]: Contains regulation, relocated to 82- XXX Commented [JB10]: Use Zoning definition. Commented [JB11]: Regulations added to to 82-254 July 20, 2020 page 4 (1) For lots which do not abut a lake or tributary, at the rear of the required front yard, measured 126 parallel to the front lot line. 127 (2) For lots which abut a lake or tributary, at the shoreline measured in a straight line between the 128 points at which the side lot lines intersect the OHWL, and at the required structure setback from 129 the OHWL, measured in a straight line between the points of intersection of the side lot lines with 130 the structure setback line. 131 Natural feature means any naturally occurring physical phenomenon, including lakes, streams, 132 flowage areas, marshland, wetlands, floodplains, slopes, unusual soil pockets, and rock outcroppings. 133 Nonresidential subdivision means a subdivision for which the intended use is other than residential, 134 such as commercial or industrial. 135 Official controls and controls mean all provisions of this Code, ordinances and regulations which 136 control the physical development of a city, county or town or any part or any detail, and implement the 137 general objectives of the comprehensive plan. Official controls may include ordinances establishing 138 zoning and subdivision controls, site plan regulations, sanitary codes, building codes and official maps. 139 State Law reference— Similar provisions, Minn. Stat. § 462.352, subd. 15. 140 Official map means a map adopted in accordance with Minn. Stat. § 462.359 which may show 141 existing and proposed future streets, roads and highways of the city and county; the area needed for 142 widening of existing streets, roads and highways of the city and county; and existing and future county 143 stateState aid highways and stateState trunk highway rights-of-way. An official map may also show the 144 location of existing and future public land and facilities within the city. In counties in the metropolitan 145 area as defined in Minn. Stat. § 473.121, official maps may for a period of up to five years designate the 146 boundaries of areas reserved for purposes of soil conservation, water supply construction, flood control 147 and surface water drainage and removal, including appropriate regulations protecti ng such areas against 148 encroachment by buildings, other physical structures or facilities. 149 State Law reference— Similar provisions, Minn. Stat. § 462.352, subd. 10. 150 Off-site premises means any premises not located within the area of the property to be subdivided, 151 whether or not in the same ownership of the subdivider. 152 On-site septic manager means the person designated to administer and enforce chapter 58, article II. 153 Outlot means the same as Lot, outlot. 154 Owner means any person, partnership, corporation or any other legal entity having legal title to or 155 sufficient proprietary interest in land sought to be subdivided under this chapter. 156 Park commission means a body appointed by the council to study and consider the continuing needs 157 of the city for parks and recreation areas. The commission shall report direct to the council, may hold 158 joint meetings with the council, and may hold public hearings to determine public sentiment and make 159 recommendations to the council. 160 Park fund means a special fund established by the city to retain monies contributed by a subdivider 161 in lieu of land in accordance with provisions of this chapter. 162 Plat means the map or plan of a subdivision showing the property boundaries, layout, dimensions 163 and legal descriptions of all lots, blocks and rights-of-way. 164 Plat, final, means the plat of the subdivision which includes all information required by statute and 165 this chapter, which plat will be recorded with the office of the county recorder. 166 July 20, 2020 page 5 Plat, preliminary, means the proposed plat showing all information required by this chapter. 167 Platting authority means the city council pursuant to Minn. Stat. § 462.358. 168 Property line means the boundary lines enclosing a lot, parcel or tract of land. Regardless of the legal 169 description, the property line to be used for purposes of compliance with chapter 78 and this chapter shall 170 be the ordinary high water mark of any lakeshore, the edge of the right -of-way, the edge of any public or 171 private roadway, or the edge of an adjacent lot or outlot. 172 Public hearing means a hearing to be held by the planning commission to allow for public review 173 and input relating to the proposed subdivision pursuant to Minn. Stat. § 462.358 and public hearing 174 requirements in section 78-48. 175 Public information hearing means a discretionary hearing to be held by the planning commission or 176 the council to allow for public review and input relating to the proposed subdivision. 177 Registered engineer means an engineer properly licensed and registered in the stateState. 178 Registered land surveyor means a land surveyor properly licensed and registered in the stateState. 179 Resubdivision means a change in a recorded final plat if such change affects any street layout on 180 such plat, or any lot line. 181 Right-of-way means a strip of land occupied or intended to be occupied by an alley, street, crosswalk, 182 railroad, public or private roadway or easement, electric transmission line, oil or gas pipeline, water main, 183 sanitary or storm sewer main, or for another special use. 184 Roadway means any street, highway, road, lane, way, trail or any other area used for vehicular 185 traffic. 186 Roadways classification means one or more of the following: 187 (1) Principal arterial means a roadway intended to connect urban subregions with one another, 188 connect urban and rural service areas with metro centers, or connect outstate cities. 189 (2) Intermediate arterial means a roadway intended to connect two or more subregions, provide 190 secondary connections outstate and complements principal arterials in high-volume corridors. 191 (3) Minor arterial means a roadway intended to connect adjacent subregions and activity centers 192 within subregions. 193 (4) Collector means a roadway intended to connect neighborhoods within and between subregions. 194 (5) Local means a roadway intended to connect blocks within neighborhoods and specific activities 195 within homogeneous land use areas. 196 (6) Parkway means a roadway intended to provide low-speed and low-volume vehicular or bicycle 197 access to or through recreational areas, parks and lakeshore. 198 (7) Dead end means a roadway with only one vehicular-traffic outlet. 199 (8) Private means a roadway for which the city or other political subdivision shall not be responsible 200 for its maintenance and operation. 201 (9) Public means any roadway for which the city or other political subdivision is or expects to be 202 responsible for its maintenance and operation. 203 Roadway right-of-way width means the distance between property lines measured at right angles to 204 the centerline of the roadway. 205 Sale and lease mean any immediate or future transfer of ownership, or any possessory interest in 206 land, including contract of sale, lease, device, intestate succession, of an interest in a tract of land or part 207 Commented [SM12]: Sounds like a replat. Not a subdivision. Commented [SM13]: When does a lease come into play for subdividing? July 20, 2020 page 6 of such tract, whether by metes and bounds, deed, contract, plat, map, judicial decree or other written 208 instrument. Lease of land for agricultural purposes, which land does not include the use of or future 209 construction of a building, is excluded. 210 Setback means the minimum horizontal distance between a structure, system or facility and a natural 211 feature, property line, right-of-way line, ordinary high water level, structure, system or other facility. 212 Sewage treatment system, on-site, means a device or series of interconnected components designed, 213 installed and maintained for the purpose of safely treating and disposing of sewage and domestic waste, 214 whenever such system is not part of a municipal sewerage system. 215 (1) Individual system means a system serving an individual building, typically a single-family 216 residence. 217 (2) Collective system means a system serving two or more buildings, typically including individual 218 septic tanks connected to a common soil treatment and absorption area. 219 (3) Commercial system means a system serving any nonresidential building. 220 Screening means a manmade or natural visual barrier of a type that will form a year-round dense 221 screen. 222 Shade tree means a tree of approved species and size. 223 Shoreline means a line denoting the ordinary high water elevation of any lake, stream or other b ody 224 of water, which ordinary high water elevation shall be as established by the Minnehaha Creek Watershed 225 District, department of natural resources, or any other agency, whichever elevation is the highest. 226 Single ownership means ownership by the same person, corporation, firm, entity, partnership or 227 unincorporated association; or ownership by different corporations, firms, partnerships, entities or 228 unincorporated associations, in which a stockholder, partner, or associate, or a member of his their family 229 owns an interest in each corporation, firm, partnership, entity or unincorporated association. 230 Slope means vertical distance in feet per 100 feet of horizontal distance. 231 State means the State of Minnesota 232 Street means the same as Roadways. 233 Structure means anything which is built, constructed or erected, an edifice or building of any kind, or 234 any piece of work artificially built up or composed of parts joined together in some definite manner, 235 which requires a location on, below or above the ground, land or water, or attached to something having a 236 location on the ground, land or water. 237 Subdivider means any person who: 238 (1) Has an interest in land, who causes it, directly or indirectly to be divided into a subdivision; 239 (2) Directly or indirectly sells, leases or develops, or advertises for sale, lease or development, any 240 interest, lot, parcel, site, unit or plot in a subdivision; 241 (3) Engages directly or through an agent in the business of selling, leasing, developing or offering 242 for sale, lease or development a subdivision or any interest, lot, parcel, site, unit or plot in a 243 subdivision; or 244 (4) Is directly or indirectly controlled by or under direct or indirect common control with any of the 245 foregoing. 246 Subdivider's agent means any person who represents or acts for or on behalf of a subdivider in 247 selling, leasing or developing, or offering to sell, lease or develop, any interest, lot, parcel, unit, site or 248 plot in a subdivision. 249 July 20, 2020 page 7 Subdivision means the separation of an area, parcel or tract of land under single ownership into two 250 or more parcels, tracts, lots or long-term leasehold interests, where the creation of the leasehold interest 251 necessitates the creation of streets, roads or alleys, for residential, commercial, industrial or other use or 252 any combination of such uses, except those separations: 253 (1) In which all the resulting parcels, tracts, lots or interests will be 20 acres or larger in size and 254 500 feet in width for residential uses and five acres or larger in size for commercial and industrial 255 uses. 256 (2) Creating cemetery lots. 257 (3) Resulting from court orders, or the adjustment of a lot line by the relocation of a common 258 boundary as long as each of the two resulting lots meets the requirements of chapter 78. 259 State Law reference— Similar provisions, Minn. Stat. § 462.352, subd. 13. 260 Surface water management plan means a compilation of policy statements, goals, standards, maps 261 and action programs for guiding the future hydrological and hydraulic development of the watersheds and 262 subwatersheds, water storage areas, drainageways, floodways and filtration systems of the city to control 263 surface water runoff, flood hazards, flood damage and general water quality within the city and its 264 environs, including lakes, streams, wetlands, marshes, natural watercourses and storm sewer systems or 265 facilities. 266 Temporary improvement means improvements built and maintained by a subdivider during 267 construction of the subdivision. 268 Tract and subject tract mean the parcel of land comprising all the contiguous land owned or 269 controlled by the subdivider and included in whole or in part in the subdivision. 270 Transportation plan means a compilation of policy statements, goals, standards, maps and action 271 programs for guiding the future development of the various modes of transportation of the city and its 272 environs, such as streets and highways, public transit, railroads, air transportation, trucking and water 273 transportation; and includes a major thoroughfare plan. 274 State Law reference— Similar provisions, Minn. Stat. § 462.352, subd. 7. 275 Wetlands as defined in circular 39, "Wetlands of the United States", 1971 edition, United States 276 Department of the Interior as amended from time to time. 277 Water system, individual, means a water system which may include supply, treatment and 278 distribution which serves only one lot (e.g., private well). 279 Water system, private community, means a water system which may include supply, treatment and 280 distribution facilities, established by a subdivider to serve two or more lots, which system is independent 281 from the public water system. 282 Water system, public, means a water system which may include supply, treatment and distribution 283 facilities owned and maintained by the city. 284 Cross reference— Definitions generally, § 1-2. 285 Sec. 82-3. - Scope. 286 Subdivision and platting of land in the city shall be regulated by this chapter. 287 Commented [SM14]: This goes beyond the statutory definition. Commented [JB15]: An adjustment to a boundary line that does not meet the requirements will require variances. Commented [SM16]: Can we combine this definition with lots? Commented [JB17]: Tract is used 25 times through the document. Commented [JB18]: Uses the definition in the Wetland preservation chapter. July 20, 2020 page 8 Sec. 82-4. - Policy. 288 (a) It is the policy of the city to consider the subdivision of land and the subsequent development of 289 subdivided land as subject to the control of the city pursuant to the official comprehensive municipal 290 planCommunity Management Plan of the city and this chapter for the orderly, planned, efficient and 291 economical development of the city. 292 (b) Land to be subdivided shall be of such character that it can be used safely for building purposes 293 without danger to health or peril from fire, flood or other menace. Land shall not be subdivided until 294 available adequate public and private facilities and improvements exist and proper provision has been 295 made for drainage, water, sewerage and capital improvements, such as schools, parks, recreation 296 facilities, transportation facilities and other public improvements. 297 (c) The existing and proposed public and private improvements shall conform to and be properly related 298 to the proposals shown in the comprehensive municipal planCommunity Management Plan of the city, 299 and it is intended that this chapter shall supplement and facilitate the enforcement of the provisions 300 and standards contained in the official controls and comprehensive municipal planCommunity 301 Management Plan of the city. 302 Sec. 82-5. - Purposes. 303 This chapter is adopted for the following purposes: 304 (1) To protect and provide for the public health, safety and general welfare of the city and to prevent 305 harm to the public health, safety and general welfare. 306 (2) To guide the future growth and development of the city in accordance with the comprehensive 307 municipal planCommunity Management Plan. 308 (3) To provide for adequate light, air and privacy; to secure safety from fire, flood and other danger; 309 and to prevent overcrowding of the land and undue congestion of population. 310 (4) To protect the character of the land to be divided as well as the surrounding lands and the social 311 and economic stability of all parts of the city and to encourage the orderly and beneficial 312 development of all parts of the city. 313 (5) To protect and conserve the value of land throughout the city and the value of structures and 314 other improvements upon the land, and to minimize the conflicts among the uses of land. 315 (6) To guide public and private policy and action in order to provide adequate and efficient 316 transportation, water, sewerage, schools, parks, playgrounds, recreation and other public 317 requirements and facilities. 318 (7) To provide the most beneficial relationship between the uses of land and buildings and the 319 circulation of traffic throughout the city, having particular regard to the avoidance of congestion 320 in the streets and highways, and the pedestrian traffic movements appropriate to the various uses 321 of land and buildings, and to provide for the proper location and width of streets and building 322 lines. 323 (8) To establish reasonable standards of design and procedures for subdivisions and resubdivisions, 324 in order to further the orderly layout and use of land; and to ensure proper legal descriptions and 325 monumenting of subdivided land. 326 (9) To ensure that public and private facilities are available and will have a sufficient capacity to 327 serve the proposed subdivision. 328 (10) To prevent the pollution of air, streams, ponds, wetlands, Lake Minnetonka and other bodies 329 of water; to provide reasonable access to public waters; to assure the adequacy of drainage 330 facilities; to safeguard the water table; and to encourage the wise use and management of natural 331 Commented [SM19]: See previous comment. Commented [JB20]: Adjusted the definition. Commented [JB21]: Find and delete July 20, 2020 page 9 resources throughout the city to prevent their misuse, abuse and overuse and in order to preserve 332 the integrity, stability and beauty of the community and the value of the land. 333 Sec. 82-6. - Authority. 334 (a) Pursuant to the powers and jurisdictions vested through Minn. Stat. chs. 412 and 462 and other 335 applicable laws, statutes, ordinances and regulations of the stateState, the city exercises the power of 336 authority to review, approve and disapprove subdivisions of land within the corporate limits of the 337 city. 338 (b) By the same authority, the city exercises the power and authority to pass and approve the development 339 of subdivisions of land already recorded in the county recorder's office if such subdivisions are entirely 340 or partially undeveloped. 341 Sec. 82-7. - Minimum standards. 342 In their interpretation and application, the provisions of this chapter shall be held to be the minimum 343 requirements for the promotion of the public health, safety and general welfare and prevention of harm to 344 the public health, safety and general welfare. 345 Sec. 82-8. - Conflict with public provisions. 346 This chapter is not intended to interfere with, abrogate, or annualannul any other provision of this 347 Code, rule or regulations, statute, or other provision of law. Where any provision of this chapter imposes 348 restrictions different from those imposed by any other provision of this chapter or any other provision of 349 this Code, rule or regulation, statute or other provision of law, whichever provisions are more restrictive 350 or impose higher standards shall control. 351 Sec. 82-9. - Conflict with private provisions. 352 This chapter is not intended to abrogate any easement, covenant or any other private agreement or 353 restrictions; however, where the provisions of this chapter are more restrictive or impose higher standards 354 or regulations than such easement, covenant or other private agreement or restriction, the requirements of 355 this chapter shall govern. Where the provisions of the easement, covenant or private agreement or 356 restriction impose duties and obligations more restrictive or higher standards than the requirements of this 357 chapter, or the determinations of the city in approving a subdivision or in enforcing this chapter, and such 358 private provisions are not inconsistent with this chapter or determinations under this chapter, such private 359 provisions shall be operative and supplemental to this chapter and determinations made under this 360 chapter. The city will not enforce private provisions. 361 Sec. 82-10. - Saving provision. 362 This chapter shall not be construed as abating any action pending under or by virtue of prior existing 363 subdivision regulations, or as discontinuing, abating, modifying or altering any penalty accruing or about 364 to accrue, or as affecting the liability of any person, or as waiving any right of the city under any section 365 or provision existing at the time of adoption of this chapter, or as vacating or annulling any rights 366 obtained by any person, or as waiving any right of the city under any section or provision existing at the 367 time of adoption of this chapter, or as vacating or annulling any rights obtained by any person, by lawful 368 action of the city except as shall be expressly provided for in this chapter. 369 Sec. 82-11. - Amendments of other provisions of this Code and regulations. 370 (a) Whenever the provisions of this chapter refer to the comprehensive municipal planCommunity 371 Management Plan, official controls, or other provisions of this Code, codes, regulations or laws, it 372 shall be deemed to refer to those official controls, plans, codes, provisions of this Code, and regulations 373 as amended as of that point in time. In the event of an amendment during the application for a 374 subdivision, that subdivision must meet the requirements of the amendment. 375 (b) For the purpose of providing for the public health, safety and general welfare, the city may from time 376 to time amend the provisions imposed by this chapter. 377 Commented [SM22]: ? Commented [SM23]: None of this is necessary July 20, 2020 page 10 Sec. 82-12. - Jurisdiction. 378 This chapter shall apply to all subdivisions of land located within the corporate limits of the city. 379 Sec. 82-13. - Compliance. 380 (a) No land which first requires an approved subdivision may be sold and no land shall be subdivided 381 within the corporate limits of the city until the subdivider has obtained approval of the subdivision and 382 the approved final plat is filed with the county recorder's office. 383 (b) No subdivider or subdivider's agent of any lot or parcel of land located in a proposed subdivision 384 shall transfer or sell any such parcel or lot before the subdivision has been approved by the city, in 385 accordance with the provisions of this chapter, and filed with the county recorder's office. 386 (ac) The subdivision of any lot or any parcel of land for the purpose of sale, transfer or lease by use of 387 metes and bounds description, deed, contract for deed, purchase agreement, registered land survey or 388 easement shall not be permitted except after full compliance with this chapter. 389 b) All subdivisions shall be plated in accordance with the terms and conditions of this Chapter. 390 (d) Notwithstanding any language to the contrary, a subdivider may execute a purchase agreement which 391 provides for the sale of a proposed lot or parcel, which lot or parcel will not legally exist until after 392 full compliance with this chapter, as long as the purchase agreement provides that if the city does not 393 approve the subdivision, all earnest money paid shall be refunded to the purchaser and includes all 394 disclosures required by state statutes. 395 (e) Any person who sells or transfers a lot in violation of this chapter shall be guilty of a misdemeanor. 396 (bf) No building permit or certificate of occupancy shall be issued for any parcel or lot of land which 397 was created by subdivision and not in conformity with the provisions of this chapter, and no excavation 398 of land or construction of any public or private improvements shall take place or be commenced except 399 in conformity with this chapter. 400 (cg) No subdivision shall be entitled to be recorded in the county recorder's office or have any validity 401 until the subdivision has been prepared, approved and acknowledged in the manner prescribed by this 402 chapter. The office of the county recorder shall not file or accept for filing any subdivision of land 403 unless it is accompanied by a certified copy of the resolution of the city approving the subdivision. 404 (dh) Every person who violates any provision of this chapter when he performings an act thereby 405 prohibited or declared unlawful, or fails to act when such failure is thereby prohibited or declared 406 unlawful, and upon conviction thereof, shall be punished as for a misdemeanor except as otherwise 407 stated in specific provisions this chapter. 408 (e) Appropriate actions and proceedings may be taken by law or in equity to prevent any violation of this 409 chapter to prevent unlawful construction, to recover damages, including attorney's fees, to restrain, 410 correct or abate a violation, or to prevent illegal occupancy of a building, structure or premises, and 411 these remedies shall be in addition to the penalties describe above and provided in State statutes. 412 413 State Law reference— Authority to require platting, Minn. Stat. § 462.358, subd. 3a; restrictions on 414 conveyances, Minn. Stat. § 462.358, subd. 4b. 415 Sec. 82-14. - Civil enforcement. 416 (a) Any subdivider or subdivider's agent who conveys a lot or parcel in violation of this chapter shall 417 forfeit and pay to the city a penalty of not less than $100.00 for each lot or parcel so conveyed. 418 July 20, 2020 page 11 (b) Appropriate actions and proceedings may be taken by law or in equity to prevent any violation of this 419 chapter to prevent unlawful construction, to recover damages, including attorney's fees, to restrain, 420 correct or abate a violation, or to prevent illegal occupancy of a building, structure or premises, and 421 these remedies shall be in addition to the penalties describe above and provided in state statutes. 422 Sec. 82-15. - Classifications. 423 For purposes of this chapter subdivisions are classified as follows. 424 (a) Class I subdivision. A class I subdivision shall be exempt from platting by the city and shall be 425 permitted subdivision by metes and bounds description described by a registered land surveyor if it meets 426 one or more of the following criteria: 427 (1) The subdivision results in no more than two buildable lots where each resulting lot meets or 428 exceeds five acres (217,800 square feet) of land, and each lot has at least 300 feet of frontage on a public 429 roadway which has been accepted and opened by the city or on a private roadway open to travel or 430 vehicular use pursuant to an easement between persons or between persons and the city, and where no 431 flexible zoning application or extension of municipal utilities is involved; 432 (2) The subdivision is a division of property previously combined for tax purposes; or 433 (3) The subdivision consists only of the creation or alteration of a public or private easement for any 434 purpose. 435 (b) Class II subdivision. A class II subdivision shall be a plat and may qualify for a limited review 436 procedure established in this chapter if it meets all of the following criteria: 437 (1) The subdivision results in no more than two buildable lots, one or both of which are less than five 438 acres (217,800 square feet) of land or one or both of which have less than 300 feet of frontage on a pu blic 439 roadway which has been accepted and opened by the city or on a private roadway open to travel or 440 vehicular use pursuant to an easement between persons or between persons and the city; 441 (2) The subdivision involves the vacation or dedication of public roadways or extension of municipal 442 utilities; 443 (3) The subdivision does not involve any flexible zoning application; and 444 (4) The subdivision may include the creation of outlots and easements for access, open space, flowage, 445 conservation, etc., in addition to the two buildable lots. 446 (c) Class III subdivision. A class III subdivision shall be a plat which includes but is not limited to a 447 subdivision which meets one or more of the following criteria: 448 (1) The subdivision results in three or more buildable lots; 449 (2) The subdivision involves a flexible zoning application; 450 (3) The subdivision involves the vacation or dedication of a public roadway; or 451 (4) The subdivision involves the extension of municipal utilities. 452 453 Sec. 82-16. - Conditions. 454 Regulation of the subdivision of land and the attachment of reasonable conditions to the subdivision 455 of land is an exercise of valid police power delegated by the stateState to this city. The subdivider has the 456 duty of compliance with reasonable conditions laid down by the city for design, dedication, improvement 457 and restrictive use of the land so as to conform to the physical and economical development of the city 458 and the city's comprehensive municipal planCommunity Management Plan and to the safety and general 459 welfare of the future lot owners in the subdivision and of the community at large. 460 Secs. 82-17—82-45. - Reserved. 461 462 ARTICLE II. - ADMINISTRATION AND ENFORCEMENT[2] 463 464 Cross reference— Administration, ch. 2. 465 Sec. 82-46. - Enforcement. 466 Commented [JB24]: Do we need/ want to keep this? Commented [SM25]: To the extent you break this out, it is usually an administrative subdivision and regular subdivision. Commented [JB26]: We are not proposing different classifications Commented [JB27]: Council: Some cities utilize an administrative subdivision process, usually for lot splits or subdivisions creating 4 or less lots. Since many of our subdivisions are small (less than 4 lots) I am not proposing a similar process, which often skips the Planning Commission. July 20, 2020 page 12 It shall be the duty of the zoning administrator City Administrator or designee to enforce this chapter 467 and to bring to the attention of the city attorney any violations or lack of compliance with this chapter. 468 Sec. 82-47. - Fees for subdivision applications. 469 (a) The fees to be paid for each application for subdivision shall be in the amount prescribed by the 470 current city fee schedule provisions. Fees shall be payable at the time applications are filed with the 471 zoning administrator. There shall be no fee in the case of applications filed in the public interest by the 472 council or by the planning commission. 473 (b) No person shall be issued a permit pursuant to chapter 82 by the city until each applicant shall have 474 paid to the city clerk the fixed and additional costs incurred by the city in reviewing the application as 475 provided in this chapter. 476 (c) Each applicant shall be charged the fixed fee specifically provided in this chapter or other provisions 477 of this Code including the current fee schedule adopted by the city council as required to cover the 478 costs incurred by the city in administratively processing and reviewing the subdivision. 479 (d) Application fees are not refundable unless the application is withdrawn prior to referral to the planning 480 commission. In the case of such timely withdrawal, the amount of refund shall be reduced by the costs 481 incurred by the city prior to withdrawal, including but not limited to staff time, notification publication 482 expenses, and consultant costs. 483 (e) Each applicant shall comply with the provisions of chapter 75, reimbursement of development 484 expenses, escrows. 485 Sec. 82-48. - Variances. 486 (a) Standards. Where the city finds that unusual hardship extraordinary hardships or practical difficulties 487 may result from strict compliance with the provisions of this chapter, other than the procedural 488 provisions, and the purposes of this chapter may be served to a greater extent by an alternative 489 proposal, the city may approve variances to this chapter so that substantial justice may be done and 490 the public interest secured, provided that such a variance shall not have the effect of nullifying the 491 intent and purpose of this chapter; and further provided the city shall not approve variances unless it 492 shall make findings based upon the evidence presented to it in each specific case that: 493 (1) An unusual hardship on the land exists, including but not limited to inadequate access to direct 494 sunlight for solar energy systems; 495 (2) The granting of the variance will not be detrimental to the public safety, health or welfare or 496 injurious to other property; 497 (3) The conditions upon which the request for a variance is based are unique to the property for 498 which the variance is sought and are not applicable generally to other property; 499 (4) Because of the particular physical surroundings, shape or topographical conditions of the specific 500 land involved, an unusual hardship to the land would result, as distinguished from an 501 inconvenience or hardship to the subdivider, and it is found that the strict enforcement of this 502 chapter would result in an environmentally unsound development of the land; 503 (5) The variance will not in any manner vary the provisions of the comprehensive municipal 504 planCommunity Management Plan; 505 (6) The variances will not in any manner vary the minimum requirements for a lot as set forth in 506 chapter 78 as applied to the entire subdivision; and 507 (7) The variances will not in any manner vary the procedural requirements of this chapter. 508 Commented [SM28]: Unusual hardship is the legal standard. 462.358 subd. 6. Commented [JB29]: Council: This clause currently does not give the Council flexibility from any standard in the zoning ordinance. July 20, 2020 page 13 (b) Conditions. In approving the variance, the city shall may require such conditions as will, in its 509 judgment, secure substantially the objectives of this chapter.; and the subdivider shall agree to be 510 bound by the conditions. 511 (c) Procedure. An application for any such variance shall be submitted in writing by the subdivider at 512 the time when the preliminary plat is filed. The application shall state fully the grounds and all of the 513 facts to justify the granting of a variance and will be approved or disapproved denied at the time the 514 council reviews the preliminary plat. 515 State Law reference— Variances, Minn. Stat. § 462.358, subd. 6. 516 Sec. 82-49. - Issuance of building permits and certificates of occupancy. 517 (a) When public and/or private improvements are required for a subdivision, building permits and 518 certificates of occupancy may be issued only subject to the approval of the council and shall be 519 provided for in to the subdivider's agreementdevelopment contract. 520 (b) Building permits will not be issued to any lot which lot has access only onto proposed public or 521 private street unless such street has been improved to the point so that it is adequate for vehicular 522 access by the prospective occupant and by police and fire department and emergency vehicles. 523 (bc) In no case will a certificate of occupancy be issued to any building on any lot in the subdivision 524 which lot has access only on a new public or private street until a certificate of satisfactory completion 525 has been issued for that public or private street. 526 Sec. 82-50. - Consumer protection legislation and conflicts of interest statutes. 527 (a) No building permit or certificate of occupancy shall be granted or issued if the subdivider shall have 528 violated any federal, state or local law pertaining to consumer protection of real estate land sales, 529 promotion or practices, or any applicable conflicts-of-interest legislation with respect to the lot or 530 parcel of land which is the subject of the permit or certificate, until so ordered by a court of competent 531 jurisdiction. 532 (b) With respect to such lot or parcel of land, if a building permit or certificate of occupancy has been 533 granted or issued, it shall be subject to a revocation by the city until so ordered otherwise by a court 534 of competent jurisdiction. 535 (c) Any violation of a federal, state or local consumer protection law (including but not limited to the 536 Postal Reorganization Act of 1970; the Federal Trade Commission Act of 1970; Interstate Land Sales 537 Full Disclosure Act; the Truth in Lending Act; the Uniform Commercial Credit Code; State "Blue 538 Sky" laws; state subdivision disclosure acts) or conflicts of interest statute, law or ordinance shall be 539 deemed a violation of this chapter and subject to all of the penalties and proceedings as set forth in this 540 article. 541 State Law reference— Required disclosures by sellers, Minn. Stat. § 462.358, subd. 4a. 542 Sec. 82-51. - Appeals. 543 The zoning board of appeals and adjustments established in section 78-96 shall also serve as the 544 subdivision board of appeals and adjustments. The board has the following powers with respect to the 545 subdivision regulations: 546 (1) To hear and decide appeals where it is alleged that there is an error in any order, requirement, 547 decision or determination made by an administrative officer in the enforcement of chapter 82. An 548 appeal under this section shall be filed no later than ten days following the order, requirement, 549 Commented [SM30]: We used to have the developer sign the variance resolution. I don’t think we can make the developer agree – either they comply with the variance or they don’t. Commented [JB32]: Where would we put in the requirement of a development contract? I only think we need them if there are public or private roads or utilities involved. Commented [SM31]: Do we always have a development contract? Is there something out there called a “development contract”? Commented [SM33]: I haven’t seen this before. Commented [JB34]: Removed Commented [JB35]: From City Attorney: There is no harm in keeping the language if there is a desire to keep that section. My thoughts: 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? Commented [JB36]: The Planning Commission discussed this section at length on July 20th. Commissioner Gettman was in favor of keeping it as an additional tool to protect the consumer. The rest of the Commissioners were in favor of deleting it. July 20, 2020 page 14 decision or determination. Appeals to the board of appeals and adjustments may be taken by any 550 affected person upon compliance with any reasonable conditions imposed by the subdivision 551 regulations. Failure to file an appeal within ten days of the decision shall constitute a waiver of 552 the person's right to a hearing. 553 (2) To hear requests for varying the regulations as they apply to specific properties where an unusual 554 hardship on the land exists, but variances may be granted only upon the specific grounds set forth 555 in the subdivision regulations. Unusual hardship includes but is not limited to inadequate access 556 to direct sunlight for solar energy systems. 557 The procedures set forth in Chapter 78, Division 3 sections 78-97 through 78-99 apply to 558 determinations of the subdivision board of appeals and adjustments. 559 Secs. 82-52—82-80. - Reserved. 560 561 ARTICLE III. - PLAT APPROVAL PROCESS[3] 562 State Law reference— Plat review procedures, Minn. Stat. § 462.358, subd. 3b. 563 564 DIVISION 1. - GENERALLY 565 566 Sec. 82-81. - Restrictions on development prior to final plat approval. 567 Once a preliminary plat has been submitted to the city, whether a subdivision is occurring or not, no 568 building permits will be issued by the city for the construction of any building, structure or improvement 569 to the land or to any lot in the proposed subdivision until all requirements of this chapter have been fully 570 completed, including the official recording of the final plat, or until the application is formally withdrawn 571 by the subdivider. When specifically authorized by this chapter and specifically approved by the council, 572 permits may be issued for the construction of certain improvements such as roads, utilities and drainage 573 structures. 574 Sec. 82-82. - Coordination of flexible zoning application with subdivision approval. 575 (a) Intent. It is the intent of this chapter that subdivision review be carried out simultaneously with the 576 review of accessory zoning applications, (variances, zone changes or other similar prerequisites) to the 577 subdivision. flexible zoning applications. 578 (b) Fees. Whenever a proposed subdivision requires accessory zoning applications, includes a use of land 579 requiring flexible zoning approval, the subdivider shall file the separate flexible zoning applications 580 and pay all required fees concurrent with the filing of the preliminary plat application. 581 (c) Review. Review of the flexible zoning application shall be concurrent with review of the preliminary 582 plat, and any flexible zoning approval shall be contingent upon approval and subsequent recording of 583 the final plat. 584 Sec. 82-83. - Official submission dates. 585 (a) (a) The City shall establish and publish submittal deadlines for land use applications annually. 586 Subdivision applications shall be submitted based on this schedule. 587 (a) For the purpose of this chapter, a subdivision application shall be preliminarily approved or 588 disapproved by the city within 120 days following the delivery of an application completed in 589 compliance with this Code by the applicant to the city unless an extension of the review period has 590 been agreed to in writing by the applicant. 591 (b) When a division or subdivision to which the regulations of the city do not apply is presented to the 592 city, the city clerk administrator or designee shall within ten days certify that the subdivision 593 regulations of the city do not apply to the particular division. 594 Commented [JB37]: Council: Who do you want hearing appeals? Commented [JB38R37]: The Planning Commission is the zoning board of appeals and adjustments. Commented [JB39]: We removed ‘flexible zoning applications’ in favor of calling it what they are. Commented [JB40]: Subdivisions had their own, different deadlines, causing problems for staff. July 20, 2020 page 15 (c) If the city or the responsible agency of the city fails to preliminarily approve or disapprove an 595 application within the review period, the application shall be deemed preliminarily approved; and upon 596 demand the city shall execute a certificate to that effect. Following preliminary approval, the applicant 597 may request final approval by the city; and upon such request, the city shall certify final approval 598 within 60 days if the applicant has complied with all conditions and requirements of applicable 599 regulations and all conditions and requirements upon which the preliminary approval is expressly 600 conditioned either through performance or the execution of appropriate agreements assuring 601 performance. If the city fails to certify final approval as so required, and if the applicant has complied 602 with all conditions and requirements, the application shall be deemed finally approved; and upon 603 demand the city shall execute a certificate to that effect. After final approval a subdivision may be 604 filed or recorded. 605 (d) For one year following preliminary approval and for two years following final approval, unless the 606 subdivider and the city agree otherwise, no amendment to a comprehensive plan or official control 607 shall apply to or affect the use, development density, lot size, lot layout or dedication or platting 608 required or permitted by the approved application. Thereafter, pursuant to its regulations, the city may 609 extend the period by agreement with the subdivider and subject to all applicable performance 610 conditions and requirements, or it may require submission of a new application unless substantial 611 physical activity and investment has occurred in reasonable reliance on the approved application and 612 the subdivider will suffer substantial financial damage as a consequence of a requirement to submit a 613 new application. In connection with a subdivision involving planned and staged development, the city 614 may by resolution or agreement grant the rights for such period of time longer than two years which it 615 determines to be reasonable and appropriate. 616 State Law reference— Similar provisions, Minn. Stat. § 462.358, subd. 3c. 617 Sec. 82-84. - Initial staff review. 618 Any person proposing subdivision of land within the city shall meet with the City Administrator or 619 designee zoning administrator to review briefly the proposed subdivision, to obtain a copy of this chapter 620 and receive advice concerning subdivision requirements, required submittals, fees and schedules. The 621 zoning administrator shall classify the proposed subdivision in accordance with section 82-15. 622 Sec. 82-85. - Sketch plan. 623 (a) Purpose. The sketch plan is an initial presentation of the subdivider's intention and serves as the basis 624 for conceptual discussion between the city and the subdivider and provides beneficial savings for the 625 subdivider. 626 (b) Requirements. A sketch plan review may be completed for all subdivision applications. 627 (c) Sketch plan application. 628 (1) All subdivisions. The planning commission shall review all sketch plans based upon the 629 subdivider's formal application. Incomplete applications will not be reviewed. Complete 630 applications shall include the following: 631 a. Completion of all items on the sketch plan application form; 632 b. Map 1: aA location map; 633 c. Map 2: a half-section map; 634 d. Map 3: aA map in a form acceptable to the zoning administrator City Administrator or 635 designee which adequately describes the proposed subdivision in such a way as to show 636 compliance with this chapter; 637 Commented [SM41]: This is the statute. Commented [JB42]: Also stated in 82-86 Commented [JB43]: Do we need this section? Commented [JB44]: Comment intended: do we need to restate state statute. July 20, 2020 page 16 e. Any additional information requested by the City Administrator or designeezoning 638 administrator; and 639 f. Payment of the sketch plan review fee. 640 (2) Application deadlines. The subdivider shall file a complete sketch plan application with the 641 zoning administrator 21 days before the meeting of the planning commission at which the sketch 642 plan application will be reviewed. The zoning administrator shall advise the subdivider of the 643 current schedule of meetings of the planning commission. 644 (d) Sketch plan review and recommendations. 645 (1) Recommendations to the subdivider. After reviewing and discussing the sketch plan, City 646 Administrator or designee will advise in a general manner the subdivider of the changes or 647 additions, if any, which will be required in the layout, and the character and extent of required 648 improvements and dedications which will be required as a prerequisite to the approval of the final 649 plat. 650 (2) Sketch plan review. The planning commission shall study the sketch plan, taking into 651 consideration the requirements of this chapter and the best use of the land being subdivided. 652 Particular attention will be given to the location, arrangement, shape and size of lots, access, 653 parkland dedication, the further development of adjoining lands as yet unsubdivided, and the 654 requirements of chapter 78 and the comprehensive municipal planCommunity Management Plan. 655 (2) Recommendations to the subdivider. After reviewing and discussing the sketch plan, the 656 planning commission and/or zoning administrator will advise in a general manner the subdivider 657 of the changes or additions, if any, which will be required in the layout, and the character and 658 extent of required improvements and dedications which will be required as a prerequisite to the 659 approval of the preliminary plat. The planning commission may require additional changes as a 660 result of further study of the preliminary subdivision. 661 (3) The applicant may request review by the City Council. Upon such request, the Planning 662 Commission’s comments shall be forwarded to the City Council for study and comment. 663 [Reserved.] 664 (4) Effective period of sketch plan review. Planning commission recommendations concerning any 665 sketch plan shall remain effective for 90 days after the date of planning commission review. 666 Failure to file a complete preliminary subdivision application within this time period shall be 667 construed as formal withdrawal of the proposed subdivision. Renewal of any proposed 668 subdivision after this deadline shall require a new sketch plan application, including application 669 form, material submittals and fee payments. 670 Sec. 82-86. - Vested rights. 671 No vested rights shall accrue to any subdivision by reason of preliminary or final subdivision 672 approval except as stated in this article. For one year following preliminary approval and for two years 673 following final approval, unless the subdivider and the city agree otherwise, no amendment to a 674 comprehensive plan or official control shall apply to or affect the use, development density, lot size, lot 675 layout, or dedication or platting required or permitted by the approved application. Thereafter, pursuant to 676 its regulations, the city may extend the period by agreement with the subdivider and subject to all 677 applicable performance conditions and requirements, or it may require submission of a new application 678 unless substantial physical activity and investment has occurred in reasonable reliance on the approved 679 application, and the subdivider will suffer substantial financial damage as a consequence of a requirement 680 to submit a new application. In connection with a subdivision involving planned and staged development, 681 the city may by resolution or agreement grant the rights referred to in this section for such period of time 682 longer than two years which it determines to be reasonable and appropriate. 683 July 20, 2020 page 17 Secs. 82-87—82-110. - Reserved. 684 685 DIVISION 2. - PRELIMINARY SUBDIVISIONS PLAT 686 687 Sec. 82-111. - Purpose and requirements. 688 (a) Purposes. During this stage, the subdivider details his their proposals and the city details the 689 subdivision requirements, in the form of a preliminary plat. All basic platting determinations are made 690 for all subdivisions before the council will pass on the subdivision. 691 (b) Requirements. The subdivider is required to furnish detailed surveying, engineering and legal 692 information sufficient to ensure compliance with the city's comprehensive municipal planCommunity 693 Management Plan and chapter 78, and other local, stateState, federal, watershed or conservation 694 district regulations. A preliminary plat review shall be completed for each class II and III subdivision 695 proposed prior to the city's accepting any final plat application. 696 (c) Prerequisite. A sketch plan review by the planning commission shall have been completed within 90 697 days of the filing of any preliminary plat application for all class III subdivisions or any class I and II 698 subdivisions for which the zoning administrator has required a sketch plan review. The subdivider 699 shall be prepared to address or correct all problems, concerns, violations or pertinent comments 700 included in the recommendations made as part of the sketch plan review. 701 Sec. 82-112. - Subdivision Plat application. 702 (a) Class I sPlatubdivisions. All preliminary plat applications shall provide the following to be deemed 703 completeComplete class I preliminary subdivision applications shall include the following: 704 (1) Completion of all items required by the Cityon the preliminary subdivision application form; 705 (2) A location map; 706 (3) A half-section map; 707 (4) A certificate of survey of the property 708 (5) Class I subdivisions that were required to have a sketch plan review may use all required maps 709 submitted with application, provided no changes have been made by the subdivider; and if 710 changes have been required, new maps shall be prepared and resubmitted with preliminary 711 subdivision application; 712 (6) A property owner's list per public hearing requirements in section 78-48 713 (2) Provision of the utilities map, if applicable; 714 (3) A soil survey and report (to be requested by the city if the City Administrator or designee feels 715 such information is necessary for the subdivision review); 716 (4) A soil erosion and sedimentation control plan; 717 (5) A vegetation preservation and protection plan; 718 (67) Any additional information requested by the zoning administrator City Administrator or 719 designee or planning commission; 720 a. Proposed protective covenants; 721 b. Statement of the proposed use of lots stating type of residential buildings with number of 722 proposed dwelling units and type of business or industry, so as to reveal the effect of the 723 development on traffic, fire hazards and congestions of population; or 724 725 Commented [SM45]: We should talk about this process. We interchange platting and subdivision. Commented [JB47]: Subdivision is the activity, plat is the document. Commented [JB46R45]: Nomenclature reviewed Commented [JB48]: I don’t know what this means. Commented [JB49]: Sketch plans should be encouraged, but not required. Commented [JB50]: Removed the classes of subdivision, most fell under the Class 2 and 3 designation whose review process was the same. The city could introduce a minor subdivision, for plats that create 3 or less lots; the only benefit to this would be to have a lighter review process. July 20, 2020 page 18 726 (8) Payment of the preliminary subdivision plat review fee; and 727 (9) Written and dated certification by the zoning administrator confirming that the preliminary 728 subdivision application has been completed in compliance with chapter 78 and this chapter. 729 Certification does not mean all information is correct, just that apparently all issues identified in the 730 subdivisionplat have been addressed by the subdivider. 731 (b) Class II subdivisions. Complete class II preliminary plat applications shall include the following: 732 (1) Completion of all items on the preliminary plat application form; 733 (2) All maps and other information submitted for the sketch plan review shall be considered 734 submitted for the preliminary plat review; and if changes have been made by the subdivider, new 735 maps shall be prepared and resubmitted; 736 (3) A property owner's list per public hearing requirements of section 78-48 737 (4) Provision of copies of the preliminary plat in a form required by the city; 738 (5) In areas served by public sewer and/or water, a plan showing the existing service ties and the 739 proposed connection sizes and locations 740 (6) In areas not served by public sewer, an on-site sewage treatment site evaluation report for each 741 lot, and a copy of the current compliance inspection report for each existing on-site system; 742 (7) Any additional information requested by the zoning administrator or planning commission; 743 (8) Payment of the preliminary plat review fee; and 744 (9) Written and dated certification by the zoning administrator confirming that the subdivision has 745 been completed in compliance with chapter 78 and this chapter. 746 Certification does not mean all information is correct, just that apparently all issues identified have been 747 addressed by the subdivider. 748 (c) Class III subdivisions. Complete class III preliminary plat application shall include the following: 749 (1) Completion of all items on the preliminary plat application form; 750 (2) All maps and other information submitted for the sketch plan review shall be considered submitted 751 for the preliminary plat review; and if changes have been made by the subdivider, new maps shall be 752 prepared and resubmitted; 753 (3) A property owner's list per public hearing requirements of section 78-48 754 (4) Provision of the preliminary plat; 755 (5) Provision of the utilities map; 756 (6) A soil survey and report by the Hennepin Soils and Water Conservation District (to be requested by 757 the city if the zoning administrator feels such information is necessary for the subdivision review); 758 (7) A soil erosion and sedimentation control plan; 759 (8) A vegetation preservation and protection plan; 760 (9) Any additional information requested by the zoning administrator or planning commission such as: 761 July 20, 2020 page 19 a. Proposed protective covenants; 762 b. Statement of the proposed use of lots stating type of residential buildings with number of proposed 763 dwelling units and type of business or industry, so as to reveal the effect of the development on traffic, 764 fire hazards and congestions of population; or 765 c. Where the subdivider is the owner or intends to attempt to acquire the property adjacent to that 766 property which is being proposed for the subdivision, the planning commission may require that the 767 subdivider submit a sketch plan of the remainder of the property so as to show the possible relationships 768 between the proposed subdivision and any future subdivision; in any event, all subdivisions shall be 769 shown to relate well with existing or potential adjacent subdivisions; 770 (10) Payment of the preliminary plat review fee; and 771 (11) Written and dated certification by the zoning administrator confirming that the subdivision has 772 been completed in compliance with chapter 78 and this chapter. Certification does not mean all 773 information submitted is correct, just that apparently all issues identified in the subdivision have been 774 addressed by the subdivider. 775 (bd) Application deadlines. The subdivider shall file a complete preliminary subdivision plat application 776 with the zoning administrator City Administrator or designee at the deadline established by the city 777 annually. 778 Sec. 82-113. - Staff and agency review of the preliminary subdivisionplat. 779 (a) General coordination. On behalf of the city, the zoning administrator City Administrator or designee 780 shall coordinate the review of preliminary subdivisionplats by all appropriate city staff persons and 781 governmental agencies. The subdivider is responsible for filing all applications and obtaining all 782 appropriate approvals from other agencies and to keep the zoning administrator City Administrator or 783 designee fully informed of the status of the review by the appropriate agency. The subdivider shall 784 submit to the city copies of all applications filed with other governmental agencies. 785 (b) Referral to planning commission. Upon receipt of a complete preliminary subdivisionplat application, 786 the zoning administrator City Administrator or designee shall place the application on the agenda of 787 the regularly scheduled planning commission meeting for which the public hearing has been 788 scheduled. The planning commission shall then begin reviewing the proposal. 789 (c) Public hearing meeting notice. Notice of the hearing shall be consistent with public hearing 790 requirements in the zoning ordinance, section 78-48. 791 (d) Referral to city staff. The zoning administrator shall refer the application to all appropriate city staff 792 personnel for review and comment. Where appropriate, review and recommendations shall be made 793 by the public service director, chief of police, fire chief, building official, on-site septic manager or 794 other city personnel. 795 (e) Referral to park commission. Where the proposed plat includes provisions for the dedication of land 796 for public park purposes, trails or jointly used recreational facilities, the zoning administrator City 797 Administrator or designee shall refer the application to the park commission, which shall review the 798 proposal and provide recommendations to the planning commissionCity Council. 799 (f) Referral to other agencies. The zoning administrator shall contact other government agencies or 800 jurisdictions as may be appropriate to seek staff assistance, information and comments. These agencies 801 may include but are not limited to the Minnehaha Creek Watershed District, Lake Minnetonka 802 Conservation District, Minnesota Department of Natural Resources, Hennepin Soil and Water 803 Conservation District, state or county highway department, local school districts, and neighboring 804 Commented [JB51]: Included in section 78-112 (c) in the current city code. Commented [JB52]: Search for plat versus subdivision. Plat is the document. Commented [JB53R52]: Completed. July 20, 2020 page 20 municipalities. The zoning administrator may request no official action be taken by these jurisdictions 805 until after the council action on the preliminary subdivision application. 806 (g) Public notice signs. In class II and III subdivisions, the subdivider, pursuant to the direction of the 807 zoning administrator, shall place public notice signs on the property visible from each street or closest 808 public roadway announcing the subdivision proposal. The subdivider shall place a cash deposit with 809 the city for the use of the public notice signs, such deposit to be escrowed by the city. The cash deposit 810 shall not be refunded if the signs are lost or damaged. The subdivider shall place the signs on the 811 property at least ten days prior to the scheduled planning commission public hearing and shall maintain 812 them on the property until the council passes on the preliminary plat. 813 Sec. 82-114. - Planning commission review of the preliminary subdivisionplat. 814 (a) Generally. The planning commission shall study and review all preliminary subdivisionplat 815 applications. Particular attention will be given to the location, arrangement and size of lots and blocks; 816 the location, width, length and continuity of streets; the topography and ecology of the land; sewage 817 disposal; traffic; drainage; public services; the further development of adjoining lands as yet 818 unsubdivided; the requirements of chapter 78 and comprehensive municipal planCommunity 819 Management Plan; and the recommendations of the city staff and other governmental agencies. 820 (b) Planning commission public hearing. At the advertised time and place, the planning commission shall 821 hold a public hearing as required by Minn. Stat. § 462.358. The planning commission may require that 822 comments from the public be in written form. The recommendations of city staff and governmental 823 agencies shall be entered in the minutes of this public hearingrecord. At the discretion of the planning 824 commission, the public hearing may be closed or may be held open for additional information. 825 (c) Planning commission recommendations. After the planning commission has reviewed the preliminary 826 subdivision plat and the testimony and exhibits submitted at the public hearing, including citizen 827 comments and the recommendations of the city staff and other governmental agencies, the subdivider 828 shall be advised of any required changes and/or additions. The planning commission shall recommend 829 approval, conditionally approve or disapprove deny of the preliminary subdivisionplat. within 120 830 days after the date of the certification by the zoning administrator of the completed application unless 831 an extension of the review period has been agreed to by the subdivider in writing. If the planning 832 commission fails to act within the 1020-day period, the zoning administrator City Administrator or 833 designee shall refer the application to the council for action within 120 days of the date of certification. 834 The zoning administrator shall return one copy of the proposed preliminary subdivision or survey to 835 the subdivider with written notification, noting the date of planning commission approval or 836 disapproval and reasons for their action. 837 (d) Class I subdivisions. Upon receiving the recommendations of the planning commission, the 838 subdivider shall make all required changes and/or additions to the proposal and may immediately make 839 application for final subdivision review by the council. The council will review class I preliminary 840 subdivisions only upon written application of the subdivider or request by the planning commission or 841 zoning administrator. 842 (e) Class II and class III subdivisions. Upon receiving the recommendations of the planning commission, 843 the subdivider shall have 30 days from the date of planning commission action to incorporate any 844 required changes and/or additions prior to review by the council: 845 (1) If the subdivider chooses to incorporate any required changes and/or additions, 15 copies of the 846 amended preliminary plat shall be filed with the zoning administrator within the 30-day period 847 and at least ten days prior to review of the preliminary plat by the council. 848 (2) If the subdivider refuses to incorporate any required changes and/or additions, the subdivider 849 shall provide his reasons for the refusal in writing to the zoning administrator within the 30-day 850 period and at least ten days prior to review of the preliminary plat by the council. 851 Commented [SM54]: No. Public hearing includes the ability to speak. Commented [JB55]: Is this legal? Commented [JB56]: Again, removing the different classes for subdivisions. July 20, 2020 page 21 (3) If the planning commission recommends approval of the preliminary plat without changes or 852 additions, the zoning administrator shall immediately refer the proposal to the council for review 853 at the next available regular meeting. 854 Sec. 82-115. - Council review of the preliminary subdivisionplat. 855 (a) Required. The council shall review all class II and class III preliminary plat applications. Particular 856 attention will be given to the record developed by the planning commission’s study of the proposal 857 and to the recommendations of the planning commission and the city staff. 858 (b) Council action. The council should approve, conditionally approve or disapprove the preliminary plat 859 within 120 days following the date of certification by the zoning administrator City Administrator or 860 designee of the completed application unless an extension of the review period has been agreed to by 861 the subdivider in writing. 862 (c) Recommendations to the subdivider. The action of the council shall be in the form of a resolution 863 setting forth the conditions of approval, including any changes, additions and/or other requirements to 864 be met by the subdivider prior to final plat approval. In addition to the specific conditions stated, the 865 subdivider must fulfill all other requirements and performance standards of this Code. The zoning 866 administrator shall return to the subdivider one copy of the preliminary plat, including the required 867 changes marked on the plat, together with one copy of the council resolution. 868 (d) Failure to act by the city. If the city or the responsible agency of the city fails to preliminarily approve 869 or disapprove an application within the review period, the application shall be deemed preliminarily 870 approved; and upon demand the city shall execute a certificate to that effect. Following preliminary 871 approval the applicant may request final approval by the city, and upon such request the city shall 872 certify final approval within 60 days if the applicant has complied with all conditions and requirements 873 of applicable regulations and all conditions and requirements upon which the preliminary approval is 874 expressly conditioned either through performance or the execution of appropriate agreements assuring 875 performance. If the city fails to certify final approval as so required, and if the applicant has complied 876 with all conditions and requirements, the application shall be deemed finally approved; and upon 877 demand the city shall execute a certificate to that effect. After final approval, a subdivisionplat may be 878 filed or recorded. 879 Sec. 82-116. - Special requirements for plats. 880 (a) Zoning regulations. Every plat shall conform to existing zoning regulations and subdivision 881 regulations applicable at the time of final plat approval. Variances shall not be approved to increase 882 the overall subdivision density above the minimum lot area requirements of the applicable zoning 883 district and this chapter. 884 (b) Public improvements. The planning commission may recommend that all public improvements be 885 installed and dedicated prior to the signing of the final plat by the city. If the planning commission 886 does not recommend that all public improvements be installed and dedicated prior to signing of the 887 final plat by the city, the amount of the bond shall be established by the zoning administrator based 888 upon the recommendation of the city engineer, which bond shall be submitted by the subdivider at the 889 time of application for final plat approval. The planning commission shall require the subdivider to 890 indicate on the plat all private and public improvements, which shall be required to be established or 891 extended and any other special requirements deemed necessary by the planning commission in order 892 to conform the plat to the comprehensive municipal plan and this chapter. 893 (c) Grading of site prior to final approval. Subsequent to preliminary plat approval by the council, the 894 subdivider may apply for a land alteration permit from the city and upon receipt of such permit may 895 commence construction to the grades and elevations required by plans approved b y the city. 896 (d) Referral to other government agencies or jurisdictions. Following action by the council on the 897 preliminary plat, the zoning administrator will refer the preliminary plat and the council's action to 898 Commented [JB57]: All subdivisions result in a plat. Commented [JB58]: This allows grading to commence prior to final plat. Commented [JB59]: We don’t usually do this. I can imagine a situation where the city may allow grading work to commence after PP, but not before FP. July 20, 2020 page 22 other government agencies or jurisdictions for their review and action as may be appropriate prior to 899 council action on the final plat. 900 Sec. 82-117. - Effective period of preliminary subdivisionplat review. 901 Planning commission recommendations concerning any class I subdivision and the Ccouncil 902 resolution concerning any class II and class III preliminary plat shall remain effective for one year. 903 Failure to file a complete final subdivisionplat application within this time period shall be construed as 904 formal withdrawal of the proposed subdivisionplat. 905 For one year following preliminary approval, unless the subdivider and the city agree otherwise, no 906 amendment to a comprehensive plan or official control shall apply to or affect the use, development 907 density, lot size, lot layout, or dedication or platting required or permitted by the approved application. 908 Thereafter, pursuant to its regulations, the city may extend the approval period by agreement with the 909 subdivider and subject to all applicable performance conditions and requirements, or it may require 910 submission of a new application. In no case shall the approval period be extended greater than three years. 911 Secs. 82-118—82-140. - Reserved. 912 913 DIVISION 3. - FINAL SUBDIVISIONS PLATS 914 915 Sec. 82-141. - Generally. 916 (a) Purpose. Final subdivisionplat review is the final third stage of the subdivisionplat review process. 917 The legal documents, including subdivisionplat drawings, are reviewed for completeness and 918 conformity with the intent and requirements of the preliminary plat approval. 919 (b) Requirements. The subdivider applicant is required to furnish completed surveying, engineering, and 920 legal documents suitable for recording in the county recorder's office, incorporating all the information 921 and/or changes required as part of the preliminary subdivisionplat review and resolution of preliminary 922 subdivisionplat approval. All documents and requirements shall be completed by the subdivider, 923 reviewed by the city staff and the council, and approved by the council prior to the mayor's and city 924 clerk's certifying approval of the final subdivisionplat. 925 926 (c) Prerequisite. A preliminary subdivisionplat of substantially the same proposal shall have been 927 approved by the council within one year of the filing of any final subdivisionplat application. The 928 zoning administrator City Administrator or designee shall review each final subdivisionplat 929 application to ensure substantial conformity to the requirements and representations on the preliminary 930 subdivisionplat. 931 (d) Substantial change from preliminary subdivisionplat. The zoning administrator may refuse to accept 932 for filing and/or the council may refuse to review approve any final subdivision plat application which 933 is substantially different from the approved preliminary subdivisionplat, or which discloses possible 934 misrepresentations on the preliminary subdivisionplat. In the case of such deniala refusal, the zoning 935 administrator or council may require the applicant subdivider to resubmit the proposal for planning 936 commission reconsideration, and may require the subdivider applicant to submit or resubmit any and 937 all documents or information required for preliminary subdivisionplat review. Planning commission 938 reconsideration may include a new public hearing if so required by the planning commission or zoning 939 administrator. The subdivider applicant shall pay applicable fee equal to half the applicable 940 preliminary subdivisionplat review fees for required reconsideration of any proposal occurring within 941 one year of the original preliminary subdivision approval date. 942 Sec. 82-142. - Final subdivisionplat application. 943 (a) All subdivisionplats. Complete final subdivisionplat applications shall include one or all of the 944 following to be determined by the zoning administrator: 945 Commented [JB60]: Also in 82-83 and 82-86 Commented [SM61]: I’m not convinced we can reject the application – rather than simply deny the application Commented [JB62]: Isn’t this where the CC can treat the final plat as a preliminary plat and start over? Commented [JB63]: Does this need to be spelled out in the code? Revise and reword. July 20, 2020 page 23 (1) Completion of all items required by city staff on the final subdivision application form (not 946 required for class I subdivisions). . 947 (2) All information submitted for the preliminary subdivisionplat review shall be in the record and 948 shall be considered submitted for final subdivisionplat review purposes. 949 (3) One original and two copies signed by the grantor, of any required drainage, utility, road, access, 950 open space, conservation or other easement in the standard form as provided by the city. Any 951 other form or changes to the standard form must be approved by the city attorney prior to filing 952 the final subdivisionplat application. 953 (4) One original and two copies, signed by the grantor, of any quitclaim deed or warranty deed 954 dedicating required land to the city or other governmental jurisdiction. 955 (5) One original and two copies of any private covenant, homeowners' association agreement or 956 other private restriction intended to be filed in the chain of title of the property at the time the 957 final subdivisionplat is recorded. 958 (6) A developer's agreementcontract, including the complete construction plans, specifications and 959 performance security and warranty bonds, shall be submitted by the subdivider for all required 960 public or private improvements which are to be installed and/or completed after final 961 subdivisionplat approval. 962 (7) A certificate of satisfactory completion signed by the city engineer shall be submitted by the 963 subdivider for all required public and private improvements which have been or were required to 964 be completed prior to final subdivision plat approval. 965 (8) Any additional information requested by the zoning administrator City Administrator or 966 designee or the council. 967 (9) Payment of applicable fees and payments identified in the development agreement, or 968 preliminary plat resolution. the final subdivision review fee (not required for class I subdivisions). 969 (10) A certified check made payable to the city for the park dedication fee. 970 (11) A check made payable to the city for the filing of the subdivision and associated documents; 971 the amount of this fee shall be determined by the amount set forth in the current fee schedule of 972 the city. (10) Confirmation that all county taxes are paid. 973 974 (11) Title commitment or acceptable evidence of title, dated no later than 45 days of the anticipated 975 recording date. 976 977 (12) Written and dated certification by the zoning administrator confirming that the final 978 subdivision application has been completed in compliance with the council's resolution of 979 preliminary approval and/or all requirements and performance standards of this Code. 980 (b) Class I subdivisions. In addition to the items listed in subsection (a) of this section, complete 981 class I final subdivision applications shall include the following: 982 (1) Fifteen original copies of the certificate of survey of the property. The certificate of survey must 983 accurately locate and dimension the proposed division line and/or easement on the certificate. 984 The area of each parcel shall be indicated in square feet on the drawing. Original signatures and 985 certifications shall be provided for the owners, those possessing any other property interest and 986 the surveyor. Spaces for certification by the city (signature lines for the mayor and clerk) shall be 987 included. 988 (2) One copy of the certificate of survey drawn to a scale of one inch equals 200 feet. 989 Commented [JB64]: Check to make sure all are caught Commented [JB65R64]: completed Commented [SM66]: It seems like we could combine 9. 10, 11. Commented [JB67]: This is when we record. July 20, 2020 page 24 (c) Class II and class III subdivisions. In addition to the items listed in subsection (a) of this section, 990 complete class II and class III final plat applications shall include the following: 991 (12) The final plat. Record plat drawings shall be prepared by a registered land surveyor in 992 accordance with applicable statute and county regulations and shall be submitted in the form of 993 at least two plastic film reproducible copies, three copies for Torrens property. Original signatures 994 and certifications shall be provided on the mounted and reproducible copies for the owners, those 995 possessing any other property interest, the professional engineer (if applicable), and the registered 996 surveyor. Spaces for certification by the city (signature lines for the mayor and clerk) shall be 997 provided. 998 (132) One copy of the final plat reduced to a scale of one inch equals 200 feet. 999 (d) Application deadlines. The subdivider shall file a complete final subdivision plat application with the 1000 zoning administrator City Administrator or designee within one year of preliminary subdivision plat 1001 approval and at least 30 days prior to the regularly scheduled council meeting at which the council will 1002 act on the final subdivision. 1003 Sec. 82-143. - Planning commission review of the final subdivision. 1004 The zoning administrator may refer class III final plat applications to the planning commission for 1005 review at the next regularly scheduled meeting. If the final plat has been referred to the planning 1006 commission, the planning commission shall review the final plat for conformity with chapter 78 and th is 1007 chapter and with the conditions and requirements of preliminary plat approval. The recommendations and 1008 comments of the planning commission will be forwarded to the council for inclusion in the record. 1009 Sec. 82-1434. - Staff review of the final subdivisionplat. 1010 1011 (a) Coordination. The zoning administrator City Administrator or designee shall coordinate the review 1012 of final subdivisionplat applications. 1013 (b) Referral to city staff. 1014 (1) The zoning administrator City Administrator or designee shall refer the application to all 1015 appropriate city staff personnel for review and certification. 1016 (2) The zoning administrator City Administrator or designee shall review the final subdivisionplat 1017 application for conformity with chapter 78 and this chapter and with the conditions and 1018 requirements of the preliminary subdivisionplat approval, and shall certify their status to the 1019 council. 1020 (3) The zoning administrator shall request that the applicant provide a title opinion on the subject 1021 property. To protect the interests of the city, the city attorney shall review the record plat drawing, 1022 metes and bounds descriptions, easements, deeds, covenants, agreements and other documents 1023 for proper legal form, proper representation and complete execution by all required parties, all to 1024 uphold the interests of the city, and shall certify the approval to the council. 1025 (4) The city engineer shall: 1026 a. Review the record plat drawing, metes and bounds description, easements, deeds, agreements 1027 and other documents for proper and complete legal property descriptions; 1028 b. Review and approve all construction plans and/or subdivider's agreements; 1029 c. Approve all construction estimates bond amounts for work required to be completed after 1030 final subdivisionplat approval; 1031 d. Issue, when completed, certificates of satisfactory completion for all work required to be 1032 completed prior to final subdivisionplat approval; and 1033 Commented [JB68]: Confirm with Adam. July 20, 2020 page 25 e. Certify the approval and/or status of the above to the council. 1034 (5) The city finance director shall review all final subdivisionplat applications as to tax status of the 1035 property; the original, outstanding and proposed special assessment amounts levied; and the 1036 payment, bonding and status of all fees or charges imposed on the propertyarising out of the 1037 subdivision and/or flexible zoning application; shall prepare all special assessment 1038 reapportionments; and shall certify the above to the council. 1039 (6) Additional comments by other city staff personnel shall be submitted in writing to the zoning 1040 administrator City Administrator or designee for inclusion in the record. 1041 (c) Requirements of other agencies. The subdivider shall submit to the city all written confirmation of 1042 official action taken by governmental agencies or jurisdictions subsequent to the approval of the 1043 preliminary subdivisionplat. Such confirmation, including all necessary permits or authorizations, 1044 shall be submitted at the meeting at which the council will act on the final subdivisionplat. 1045 (d) Final subdivisionplat resolution. After review and certification of the final subdivisionplat 1046 application, the zoning administratorCity Administrator or designee, upon receipt of a written request 1047 from the subdivider seeking final approval of subdivision, shall prepare a resolution of final 1048 subdivisionplat approval or disapproval denial to be presented to the council. 1049 1050 Sec. 82-145. - Council review of the final plat. 1051 (a) Powers. The council is the , acting as the platting authority pursuant to Minn. Stat. § 462.358, shall 1052 modify, approve or disapprove deny all final plat applications.. 1053 (b) Council determination. The council shall, within 60 days of the date of the filing of a completed final 1054 subdivision application or, in the case of class I subdivisions, 60 days from the date the zoning 1055 administrator confirms the final subdivision, complete, approve, modify or disapprove the subdivision 1056 application by resolution, which shall set forth in detail any conditions to which the approval or 1057 modification is subject, or reasons for disapproval. In the subdivider's agreement, the council shall 1058 stipulate the period of time when the performance bond shall be filed or the required improvements 1059 installed, whichever is applicable. In no event shall a performance bond be submitted later than six 1060 months from the date of final resolution, together with all required documents and completion of 1061 required procedures. In no event shall the period of time stipulated by the council for completion of 1062 required improvements exceed two years from the date of the final resolution. One copy of the final 1063 subdivision shall be returned to the subdivider with a resolution of approval, modification or 1064 disapproval, with reasons. 1065 Sec. 82-146. - Effective period of final subdivisionplat approval. 1066 (a) The intent of the subdivisionplat approval process is that final approval will be granted only upon 1067 satisfactory completion of all requirements by the subdivider, in which case subdivisionplat 1068 certification and recording will follow without delay. The Final Plat shall be recorded within 1 year of 1069 approval date. Whenever a final subdivision is disapproved, or approved with modifications or 1070 conditions, the subdivider shall have 180 days to file an amended final subdivision, including the 1071 required changes, alterations or additions, to provide any additional documents, agreements or bonds 1072 and to pay any required fees or charges, all as set forth in the resolution of final subdivision approval 1073 or disapproval. 1074 (b) Failure of the subdivider to complete any or all requirements within this time period shall constitute 1075 a formal withdrawal of the proposed subdivisionplat. Renewal of any proposed subdivision after this 1076 deadline but within 360 days of final approval or disapproval shall require a new preliminary 1077 subdivision application, including application form, material submittals and fee payment. Renewal of 1078 any proposed subdivision one year or more after a final approval or disapproval shall require a 1079 July 20, 2020 page 26 complete subdivision review beginning with the sketch plan review, if required, and including new 1080 applications, material submittals and fee payments. 1081 Secs. 82-147—82-170. - Reserved. 1082 1083 DIVISION 4. - SUBDIVISION CERTIFICATION AND RECORDING 1084 1085 Sec. 82-171. - Generally. 1086 (a) Purpose. Certification of subdivision approval by the city is required for legal recording of the 1087 subdivision in the county recorder's office, which recording is required by statute and this chapter for 1088 legal transfer of property ownership or interest. 1089 (b) Requirements. The legal documents, including record plat drawings, metes and bounds survey, 1090 easements, agreements, deeds and bonds, are reviewed for completeness and conformity with the 1091 council resolution of final subdivision approval. Whenever the resolution of final subdivision approval 1092 requires changes, alterations or additions to these documents, the subdivider must complete those 1093 requirements and supply corrected or completed documents to the zoning administrator within 180 1094 days of the date the resolution was adopted. 1095 (c) Prerequisite. The mayor and the city clerk shall not sign or certify any subdivision or survey unless 1096 the plat or survey has been reviewed according to this chapter and until the council adopts a resolution 1097 of final subdivision approval. Certification by the city clerk is evidence that all requirements of the 1098 resolution of final subdivision approval have been completed by the subdivider. 1099 Sec. 82-172. - Documents. 1100 (a) Required. The documents provided by the subdivider for final plat certification and metes and bounds 1101 divisions shall be the same documents certified by the city staff unless changes, alterations or additions 1102 are required by the resolution of final subdivisionplat approval, in which case corrected documents 1103 shall be supplied by the subdivider. 1104 (b) Documents to be certified by the city. The following documents shall be certified by the city: 1105 (1) Four copies of a certificate of survey for class I subdivisions. 1106 (21) Two plastic film reproducible copies (in the case of Torrens property, three copies) of the record 1107 plat drawing for class II and class III subdivisions. 1108 (32) Resolution of final subdivisionplat approval; three one copyies provided by the city. 1109 (c) Additional documents. The following additional documents shall be recorded with the 1110 subdivisionplat: 1111 (1) One original signed by the grantor of any required drainage, utility, road, access, open space, 1112 conservation or other easement in the standard form as provided by the city. 1113 (2) One original signed by the grantor of any quitclaim deed or warranty deed dedicating required 1114 land to the city or other governmental jurisdiction. 1115 (3) One original copy of any private covenant, homeowners' association agreement or other private 1116 restriction intended to be filed in the chain of title of the property at the time the final plat or 1117 survey is recorded. 1118 (4) One original copy of any required development contract in the standard form as provided by 1119 the city. 1120 1121 Sec. 82-173. - Staff certification. 1122 The City zoningAdministrator, zoning administrator, city attorney, city engineer and city finance 1123 director or their designees shall each review the final legal documents and status of each subdivisionplat 1124 Commented [JB69]: Im not sure this is needed. We approve final plats by resolution. We don’t prepare a separate form. July 20, 2020 page 27 proposal as provided by section 82-144(a) and (b). Whenever the resolution of final subdivisionplat 1125 approval requires changes, alterations or additions prior to final subdivisionplat certification, upon receipt 1126 of all corrected documents, the zoning administrator City Administrator or designee shall refer the revised 1127 documents to the affected staff for their review and recertification. 1128 Sec. 82-174. - Official subdivisionplat certification. 1129 Upon receipt of the final staff certifications, the city clerk shall determine that there has been final 1130 staff approval and shall thereafter present the final subdivisionplat drawings and resolution of final 1131 subdivisionplat or survey approval for the endorsement of the signature of the mayor, or the acting mayor 1132 presiding in the absence of the mayor. Upon endorsement of the mayor, the city clerk shall attest to the 1133 mayor's signature and the final city approval of the subdivisionplat by endorsing his signature and 1134 affixing the seal of the city on each drawing and the resolution of final subdivisionplat approval. 1135 Sec. 82-175. - Recording of subdivisions. 1136 (a) Completion of procedure. The subdivision procedure shall be completed by the city within 30 days 1137 of the signing of the final plat or survey by the mayor and the city clerk. 1138 (b) Survey or plat filed with county recorder's office. The city shall file the following documents with the 1139 county recorder's office: 1140 (1) One original copy of a certificate of survey in the case of class I subdivisions. 1141 (2) The record plat drawings; one plastic film reproducible copy if abstract property; two plastic 1142 film reproducible copies, if Torrens property. 1143 (3) The resolution of final plat or survey approval; one original copy. 1144 (4) One original copy of all required drainage, utility, road, access, open space conservation or other 1145 easement. 1146 (5) One original copy of any required quitclaim deed or warranty deed dedicating land to the city or 1147 other governmental jurisdiction. 1148 (6) One original copy of any private covenant or homeowners' association agreement required by 1149 the city as a condition of final plat or survey approval. 1150 (c) Copies to be returned to subdivider. The city shall return the following documents to the subdivider: 1151 (1) One original copy of a certificate of survey. 1152 (2) The record plat drawing; one hardshell mounted copy if the applicant has asked the surveyor for 1153 an extra copy. Copies required by the city are set forth in section 82-142(c). 1154 (3) The resolution of final plat or survey approval; one certified copy. 1155 (4) One copy of all other easements, deeds, covenants or agreements filed by the city concurrent 1156 with the filing of the final plat or survey. 1157 (d) Failure to file subdivision. Should the city for any reason fail to file the certified plat, survey and/or 1158 any of the required easements, deeds or agreements within the 30-day period, the subdivider may 1159 individually file any or all such plats, surveys, easements, deeds or agreements if the filing occurs 1160 within 180 days of the date of final plat or survey certification. 1161 Sec. 82-176. - Final acceptance of improvements. 1162 Final acceptance of all improvements and release of bondSecuritys shall be as and when set forth in 1163 the subdivider's agreementdevelopment contract and section 82-171. Final acceptance of all public 1164 improvements for which the city will thereafter be responsible shall be by separate resolution motion of 1165 the city. The approval and certification by the city of a subdivisionplat and/or the acceptance and 1166 Commented [JB70]: Do we want to add something that the city can release to the applicant. Commented [JB71]: Cant we just say the subdivision needs to be filed, and leave it at that, without relisting all of the required documents? Commented [SM72]: We should look at the timing. Are we doing this? Is it always feasible? Commented [JB73]: Why do we have this? Commented [SM74]: Do we do this? Commented [JB75]: Acceptance requires resolution. We don’t do this. We accept by motion. July 20, 2020 page 28 recording of any easement or deed shall not be deemed to constitute or imply acceptance by the city of 1167 any street, road, easement or parts shown on the subdivisionplat or identified by easement or deed. 1168 Sec. 82-177. - Effective date of subdivision certification. 1169 Subdivision certification by the mayor and city clerk is evidence that all the requirements of this 1170 chapter and of the resolution of final plat or survey approval have been completed by the subdivider. Final 1171 subdivision certification shall authorize transfer and use of the land consistent with the building code and 1172 chapter 78 in effect at the time of final subdivision approval. The city does not guarantee or warrant that 1173 any lot created by approved subdivision is buildable or usable in any way; and the city does not guarantee 1174 or warrant the continued enforcement of the existence of the building code, chapter 78 or this chapter. 1175 Consistent with the procedures established by statute, this chapter, the building code and chapter 78, 1176 regulations are subject to change and amendment, which possible future change may adversely affect the 1177 transfer or use of any lot or tract created by a subdivision approved under the provisions of this chapter. 1178 The fact of council approval, certification and filing of any subdivision does not grant any vested rights to 1179 the owner of any such subdivided property except as stated in this article. 1180 Secs. 82-178—82-199. - Reserved. 1181 1182 DIVISION 5. - EXCEPTION 1183 1184 Sec. 82-200. - Exception. 1185 (a) Upon request, the community development director City Administrator or designee shall, within ten 1186 days, certify that the following are excepted from chapter 82 of the City Code: 1187 (1) A division of property where Aall the resulting parcels, tracts, lots or interests will be 20 acres 1188 or larger in size and 500 feet in width for residential uses and five acres or larger in size for 1189 commercial and industrial uses, or 1190 (2) Will create cemetery lots, or 1191 (3) Is court ordered, or 1192 (4) Is an adjustment of a lot line by the relocation of a common boundary and no new non -1193 conformities are created or an existing non-conformity is increased. 1194 (b) Procedure for exempted subdivisions. The owners of such lots to be certified shall file with the zoning 1195 administrator City Administrator or designee a certificate of survey of the lots to be divided, and pay 1196 the required fee. Such certificate of survey shall show the dimensions of the lots, as measured upon 1197 the recorded plan, the area of the lots, all corner elevations, all existing structures, including 1198 dimensions to existing and proposed property lines, all visible encroachments, all easements of record, 1199 and their proposed division. A written description of the separately described tracts which will result 1200 from the proposed division shall be included on the survey. If the proposed certification complies with 1201 all of the requirements of this section, it will be approved by the community development directorCity 1202 Administrator or Designee and forwarded to the county for filing. 1203 (c) Limitations. The City Administrator or designee shall not certify an adjustment of the lot line 1204 involving the same lot or parcel more than once every 365 days. The adjustment may be platted. 1205 1206 Secs. 82-201—82-210. - Reserved. 1207 ARTICLE IV. - DESIGN STANDARDS AND REQUIRED IMPROVEMENTS[4] 1208 State Law reference— Authority to require improvements, Minn. Stat. § 462.358, subd. 1a, 2a. 1209 DIVISION 1. - GENERALLY 1210 1211 Sec. 82-211. - Conformance to applicable rules and regulations. 1212 Commented [SM76]: This comes from the definition of a subdivision. Has this occurred. Commented [JB77]: The exception just says that what is proposed is not a subdivision. Commented [JB78]: Also referenced in Sec 82-83 Commented [JB79]: I want to limit these. Multiple changes in a short period of time do not allow the county to keep up. Causing confusion by adjustments of adjustments. Commented [JB80]: Move to Article I, last section July 20, 2020 page 29 In addition to the requirements established in other plans in this chapter, all final subdivisions shall 1213 comply with the following laws, rules and regulations: 1214 (1) All applicable statutory provisions. 1215 (2) Chapter 78, building and housing codes, and all other applicable laws of the appropriate 1216 jurisdictions. 1217 (3) The rules of the state and county highway department if the subdivision or any lot contained in 1218 the subdivision abuts a state or county highway or connecting street. 1219 (4) The standards and regulations adopted by the city engineer and all boards, commissions, 1220 agencies and officials of the city. 1221 (5) All pertinent standards contained within the planning guides published by the Metropolitan 1222 Council, Lake Minnetonka Conservation District, Minnehaha Creek Watershed District, 1223 Department of Natural Resources, or any other public corporation having jurisdiction over the 1224 land. 1225 Sec. 82-212. - Special requirements for class II and III subdivisions involving public or private 1226 improvements. 1227 The following provisions apply to class II and class III subdivisions: 1228 (1) Improvements. All public and/or private improvements required by the city to be completed by 1229 the subdivider prior to final plat approval shall be fully completed and shall have had a certificate 1230 of satisfactory completion issued by the city engineer prior to endorsement of the final plat by the 1231 city. All public and/or private improvements required by the city to be completed by the 1232 subdivider after final plat approval shall be fully set forth in a subdivider's agreementdevelopment 1233 contract to be executed prior to final subdivisionplat approval. All local streets in subdivisionplats 1234 where sewer and water are not available shall be private unless otherwise approved by the city at 1235 preliminary subdivisionplat approval. The city reserves the right to determine whether a road is 1236 to be public or private in all areas of the city. All improvements shall meet or exceed the minimum 1237 standards as illustrated on the Orono Standard Construction Details, as amended and adopted by 1238 the Orono City Council from time to time. 1239 (2) Public roads. Public streets and roads will be required to be platted, constructed and dedicated 1240 to the city when required by the council consistent with the recommendations of the planning 1241 commission and the city staff and the established city practices and design standards. Public roads 1242 shall be completed and issued a certificate of satisfactory completion by the city engineer prior to 1243 final plat approval or, when specifically authorized by the council, shall be subject to the 1244 conditions of a subdivider's agreementdevelopment contract to be executed prior to final plat 1245 approval. 1246 (3) Private roads. When the preliminary plat has been approved on the basis of a private access road 1247 providing the only access to three or more lots, the private road shall be identified on the final 1248 plat as a separate outlot. The private road shall be identified by name if the road serves four or 1249 more lots. Whenever a private road outlot is proposed, the subdivider shall be required to provide 1250 for a permanent homeowners' association or road maintenance agreement acceptable to the city 1251 in order to ensure ownership and maintenance of the road outlot. 1252 (4) Road and utilities easements. The council may, upon recommendation of the planning 1253 commission and/or city staff, require the subdivider to convey to the city certain road and 1254 utilityies easements permitting public ingress, egress and access over private roads as a condition 1255 of final subdivisionplat approval. 1256 a. Whenever a private access road is authorized, the required outlot shall be included on and 1257 conveyed in a road and utilities easement in the standard city form. 1258 Commented [JB81]: Shouldn’t this be somewhere else? Is this stated elsewhere? Commented [SM82]: Are we doing an outlot? Commented [JB83]: Yes, for a private road. A private drive is handled with an easement. July 20, 2020 page 30 b. Whenever areas of the plat are to be set aside for public or private utility construction and 1259 use, such areas shall be described and dedicated for public use on the plat. This shall include 1260 areas shown on record plat drawings as drainage and utilities easements. 1261 c. Whenever a road and utilities easement is required, the easement shall be fully executed prior 1262 to final plat approval, using the legal descriptions of the final plat, and shall thereafter be 1263 filed in the chain of title of the property concurrent with the filing of the final plat. 1264 (5) Flowage and conservation easements. The council may, upon recommendation of the planning 1265 commission and/or city staff, require the subdivider to convey to the city a flowage and 1266 conservation easement restricting the use, improvement and development of certain portions of 1267 the land to be subdivided. Flowage and conservation easements will be made a condition of final 1268 plat approval as follows: 1269 a. Whenever any open water, creek, stream or natural drainageway occurs in any portion of the 1270 subject tract, the floodplain or floodway of the lake, pond, stream, creek or drainageway 1271 shall be described as a drainage easement subject to a flowage and conservation easement to 1272 the city. 1273 b. Whenever any wetlands, marshlands or lowland acting as a stormwater retention area occurs 1274 within any portion of the subject tract, that area shall be described consistent with established 1275 flood or water retention elevations, soil type characteristics and vegetation characteristics as 1276 a drainage easement subject to a flowage and conservation easement to the city. 1277 c. Flowage and conservation easements may be described and conveyed by metes and bounds 1278 with the ownership and maintenance responsibilities remaining with the individual parcels 1279 of class I subdivisions. 1280 d. Whenever a flowage and conservation easement is required, the easement shall be fully 1281 executed prior to final plat approval, using the legal descriptions of the final plat, and shall 1282 thereafter be filed in the chain of title of the property concurrent with the filing of the final 1283 plat. 1284 (6) Homeowners' association agreements. The council may, upon recommendation of the planning 1285 commission and/or city staff, require the subdivider to create a viable homeowners' association, 1286 acceptable to the city, which will be responsible for the ownership and maintenance of, among 1287 other things, common facilities, private roads, private sewer and water lines, open space, 1288 pathways, drainageways, and drainage ponds, and any improvements which are not to be accepted 1289 by the city for public ownership and maintenance. Such maintenance shall include, among other 1290 things, repair, replacement when necessary, snow removal, grass cutting, weed control, cleanup 1291 of trash and debris, mosquito control, odor control, silt removal from drainage ponds and 1292 drainageways, and grading and surfacing of private roads. If a reasonable maintenance standard 1293 is not maintained by the homeowners' association, the city shall have the right to take corrective 1294 action it deems appropriate to protect the health, safety and welfare of the public and to assess 1295 against the homeowners' association and/or land in the subdivision for all costs incurred. Such 1296 corrective action will not change the status of a private improvement. Such a homeowners' 1297 association agreement is required by the city; or whenever a subdivider intends to create a 1298 homeowners' association, the form and content of the association agreement must be approved by 1299 the city prior to final plat approval. The subdivider shall submit three copies of the proposed 1300 association agreement, bylaws and articles of incorporation for incorporated associations to the 1301 city attorney for review. 1302 (7) Subdivider's agreementDevelopment contracts. The council may, upon the recommendation of 1303 the planning commission and/or city staff, require the subdivider to execute a subdivider's 1304 agreementdevelopment contract prior to final plat approval. The subdivider's 1305 Commented [JB84]: Examine Commented [JB85R84]: completed Commented [SM86]: The Statute calls it a development contract July 20, 2020 page 31 agreementdevelopment contract shall set forth in the standard city form those improvements 1306 required to be completed as a condition of subdivisionplat approval, the party responsible for the 1307 installation and maintenance of the improvements, and the method of payment of the installation 1308 and maintenance costs. 1309 Sec. 82-213. - Assurance for completion and maintenance of required public or private 1310 improvements—Improvements and public bond (class II and III subdivisions). 1311 The following provisions apply to class II and class III subdivisions: 1312 (1) Completion of required public or private improvements. Before the mayor and city clerk sign a 1313 final plat, the subdivider shall complete or agree to complete at their his cost all of the required 1314 public or private improvements as required in this chapter and as specified in the resolution 1315 approving the final plat and in the subdivider's agreementdevelopment contract, and in the case 1316 of public improvements, to dedicate them to the city, free and clear of all liens and encumbrances 1317 on the property and public improvements thus dedicated. 1318 (2) Performance bond.Security 1319 a. The city may require the developer furnish security, in the amount of 125% of the cost of the 1320 improvements, to guarantee their completion. The city may waive the requirement that the 1321 subdivider complete certain public and private improvements and dedicate certain public 1322 improvements prior to the signing of the final plat, and that, as an alternative, the subdivider 1323 post a bond at the time of the application for the final plat approval in an amount estimated 1324 by the city engineer as sufficient to secure to the city the satisfactory construction, 1325 installation and where appropriate dedication of the incompleted portion of the required 1326 private and public improvement. The amount of the performance bond shall be equal to 1½ 1327 times the estimated amount. 1328 b. Such performance security bonds shall comply with all statutory requirements and be 1329 satisfactory to the city attorney as to form and manner of execution. The period within which 1330 the required public and private improvements must be completed shall be specified by the 1331 city in the resolution approving the final subdivision plat or in the subdivider's 1332 agreementdevelopment contract and shall be incorporated in the bond and shall not exceed 1333 two years from date of final plat approval. The city may, upon proof of difficulty, extend the 1334 completion date set forth in such bond for a maximum period of one additional year. The 1335 city may at any time during the period of such bond accept a substitution of principal or 1336 sureties on the bond. 1337 (3) Temporary improvement. The subdivider shall build and pay for all costs of temporary 1338 improvements required by the city and shall maintain them for the period specified by the city. 1339 Prior to construction of any temporary facility or improvement, the subdivider shall file with the 1340 city a separate suitable performance bondsecurity for temporary facilities, which bondsecurity 1341 shall ensure that the temporary facilities will be properly constructed, maintained and removed. 1342 (4) Cost of improvements. All required public and private improvements shall be made by the 1343 subdivider, at his their expense, without reimbursement by the city. 1344 (5) Governmental units. Governmental units to which these bondsecuritys and contract provisions 1345 apply may file in lieu of a contract or bond a certified resolution or ordinance of that governmental 1346 unit's agreeing to comply with the provisions of this chapter. 1347 (6) Failure to complete required improvements. For subdivisionplats for which no performance 1348 bondsecurity has been posted, if the improvements are not completed within the period specified 1349 by the city in the resolution approving the final plat, the approval shall be deemed to have expired. 1350 In those cases where a performance bondsecurity has been posted and required improvements 1351 Commented [SM87]: We don’t want bonds. Commented [JB88]: Used to be 150%, most cities use 125% or less Commented [SM89]: This is high. 1.25 is the average and some communities are lowering it. Commented [JB90]: Check bond versus security July 20, 2020 page 32 have not been installed within the term of such performance bondsecurity and resolution 1352 approving the final plat, the city may thereupon declare the bondsecurity in default and require 1353 that all improvements be installed regardless of the extent of the building development at the time 1354 the bondsecurity is declared to be in default. Moreover, the city may withhold building permits 1355 and certificates of occupancy for lots in the subdivisionplat until the required improvements have 1356 been installed. If the city undertakes the installation of the required private improvements, the 1357 city, by doing so, will not undertake the subsequent maintenance of those private improvements. 1358 (7) Acceptance of dedication offers. Acceptance of formal offers of dedication of streets, public 1359 areas, easements and parks for which the city thereafter will be responsible shall be by resolution 1360 of the city. Acceptance of deeds and easements granting to the city open spaces, flowage and 1361 conservation easements, underlying public road easements, and utility easements shall be by 1362 resolution approving the final subdivision plats, which acceptance shall not be deemed to 1363 constitute or imply acceptance of a formal dedication of those properties for which the city 1364 thereafter would be responsible. The approval by the city of a final plat shall not be deemed to 1365 constitute or imply acceptance by the city of any streets, easement or park shown on the plat. The 1366 city may require the plat to be endorsed with appropriate notes to this effect. 1367 Sec. 82-214. - Inspection of required public and private improvements. 1368 (a) General procedure and fees. The city may inspect required public and private improvements during 1369 construction. The applicant shall pay to the city an inspection fee based on the city engineers estimate 1370 the current city fee schedule for public and private improvements required as a result of subdivision 1371 approvalenumerated in the Development Contract. If the city finds upon inspection that any of the 1372 required improvements have not been constructed in accordance with the city's construction standards 1373 and specifications, the subdivider shall be responsible for completing the improvements; and no 1374 building permits or certificates of occupancy shall be issued until the required improvements have 1375 been completed by the subdivider. Wherever the cost of improvements is covered by a performance 1376 bond, the subdivider and the bonding company shall be severally and jointly liable for completing the 1377 improvements according to specifications. 1378 (b) Release or reduction of performance bondsecurity. 1379 (1) Certificate of satisfactory completion. The city will not accept dedication of required 1380 improvements, nor release nor reduce securitya performance bond, until the city engineer has 1381 submitted a certificate stating that all required improvements have been satisfactorily completed 1382 and until the subdivider's engineer or surveyor has certified to the city engineer, through 1383 submission of a detailed as-built construction drawing and survey plat of the subdivision, 1384 indicating location, dimensions, materials and other information required by the city, that the 1385 layout of the line and grade of all required improvements is in accordance with construction plans 1386 for the subdivision. The city may require that a title insurance policy be furnished to and approved 1387 by the city attorney, indicating that the required public improvements are free and clear of any 1388 and all liens and encumbrances. Upon such approval and recommendations, the city may 1389 thereafter accept the public improvements for dedication in accordance with the established 1390 procedure. 1391 (2) Reduction of security performance bond. A performance bond Security may be reduced upon 1392 actual dedication of public improvements or upon satisfactory completion of the private 1393 improvement and then only to the ratio that the improvement bears to the total required 1394 improvements for the plat. In no event shall security a performance bond be reduced below 25 10 1395 percent of the principal amount until satisfactory completion of all required improvements. 1396 Sec. 82-215. - Maintenance of required public and private improvements. 1397 (a) The subdivider shall be required to maintain all private improvements and individual lot 1398 improvements and provide for snow removal on streets and sidewalks until acceptance of such private 1399 Commented [JB91]: We don’t really do this. Commented [JB92]: Does this allow us to not accept the street because the work was poor? Commented [JB93]: Is this whole area 213-214 too wordy. Cant we say the subdivider is responsible for the improvements at their expense. The developer shall pay fees estimated by the engineer and outlined in the DA for the inspection of these improvements, the developer shall correct defective work, and the city will not issue a building permit until the work is accepted. Commented [JB94]: Shall? July 20, 2020 page 33 improvements by a subsequent lot owner or homeowners' association. The subdivider shall be required 1400 to maintain all public improvements and provide for snow removal on streets and sidewalks until 1401 acceptance of such public improvements by resolution of the city. If there are any certificates of 1402 occupancy upon a street not already dedicated to and accepted by the city, the city may on 12-hours' 1403 notice plow the street or effect emergency repairs and charge the cost to the subdivider, and, if the 1404 subdivider fails to pay those amounts within ten days of receipt, the city may declare a portion of the 1405 performance bond to be in default and to charge those moneys against that portion of the performance 1406 bond. 1407 (b) The subdivider shall be required to file a warranty bondBond with the city, prior to the issuance of 1408 the certificate of satisfactory completion, in an amount considered adequate by the city engineer and 1409 in a form satisfactory to the city attorney in order to ensure the satisfactory condition of the required 1410 public and/or private improvements, including all lot improvements on the individual subdivided lots 1411 for a period of one year after the date of the issuance of the certificate of satisfactory completion. 1412 Sec. 82-216. - Deferral of required public or private improvements. 1413 (a) The city may defer at the time of the approval of the final subdivisionplat, subject to appropriate 1414 conditions, the installation of any or all such public or private improvements as, in its judgment, are 1415 not requisite in the interest of the public health, safety and general welfare, or which are inappropriate 1416 because of the inadequacy or lack of connecting public or private improvements. 1417 (b) Whenever it is deemed necessary by the city to defer the construction of any public or private 1418 improvements required in this section because of incompatible grades, future planning, inadequate or 1419 lack of connecting public or private improvements, or for other reasons, the subdivider shall pay 1420 histheir estimated share of the cost of the future improvements to the city prior to the signing of the 1421 final subdivisionplat; or the subdivider may post a bond security insuring completion of such 1422 improvements upon demand of the city. 1423 Sec. 82-217. - Nonresidential subdivisions. 1424 (a) General. If a proposed subdivision includes land that is zoned for commercial or industrial purposes, 1425 the layout of the subdivision with respect to such land shall make such provision as the council may 1426 require. A nonresidential subdivision shall also be subject to all the requirements of the site plan 1427 approval set forth in chapter 78. Site plan approval and nonresidential subdivision approval may 1428 proceed simultaneously at the discretion of the council. A nonresidential subdivision shall be subject 1429 to all the requirements of this chapter, as well as such additional standards required by the council, and 1430 shall conform to the proposed land use and standards established in the comprehensive municipal plan, 1431 and chapter 78. 1432 (b) Standards. In addition to the principles and standards in this chapter, which are appropriate to the 1433 planning of all subdivisions, the subdivider shall demonstrate to the satisfaction of the council that the 1434 street, parcel and block pattern proposed is specifically adapted to the uses anticipated and takes into 1435 account other uses in the vicinity. The following principles and standards shall be observed: 1436 (1) Proposed industrial parcels shall be suitable in area and dimensions to the types of industrial 1437 development anticipated. 1438 (2) Street rights-of-way and pavement shall be adequate to accommodate the type and volume of 1439 traffic anticipated to be generated upon them. 1440 (3) Special requirements may be imposed by the city with respect to street, curb, gutter, and sidewalk 1441 design and construction. 1442 (4) Special requirements may be imposed by the city with respect to the installation of public 1443 utilities, including water, sewer, and stormwater drainage. 1444 Commented [JB95]: Do we do this? Does anybody? Commented [JB96]: The language would be in the DA. We wouldn’t grant a CO for a new home, so this would only apply to existing homes with access elsewhere. (690 Brown eg) July 20, 2020 page 34 (5) Every effort shall be made to protect adjacent residential areas from potential nuisance from a 1445 proposed commercial or industrial subdivision, including the provision of extra depth in parcels 1446 backing up on existing or potential residential development and provisions for a permanently 1447 landscaped buffer strip when necessary. 1448 (6) Streets carrying nonresidential traffic, especially truck traffic, shall not normally be extended to 1449 the boundaries of adjacent existing or potential residential areas. 1450 Sec. 82-218. - Subdivisions straddling municipal and school district boundaries. 1451 Whenever access to subdivision is required across land in another local government, the council may 1452 request assurance from the city attorney that access is legally established, and from the city engineer that 1453 the access road is adequately improved, or that a performance bond has been duly executed and is 1454 sufficient in amount to assure the construction of the access road. In general, lot Lot lines shall be laid out 1455 so as not to cross municipal and school district boundary lines. 1456 Sec. 82-219. - Monuments. 1457 The applicant shall place permanent reference monuments in the subdivisionplat as required by 1458 statute. 1459 Sec. 82-220. - Character of the land. 1460 Land which the council finds to be unsuitable for subdivision or development due to flooding, 1461 improper drainage, steep slopes, soil conditions, rock formations, adverse earth formations or topography, 1462 utility easements, or other features which will reasonably be harmful to the safety, health and general 1463 welfare of the present or future inhabitants of the subdivisionplat and/or its surrounding areas shall not be 1464 subdivided or developed unless adequate methods are formulated by the developer and approved by the 1465 council, upon recommendation of the city engineer, to solve the problems created by the unsuitable land 1466 conditions. Such land shall be set aside for uses as shall not involve such a danger. 1467 Sec. 82-221. - SubdivisionPlat name. 1468 The proposed name of the subdivisionplat shall not duplicate, or too closely approximate 1469 phonetically, the name of any other subdivisionplat in the area city covered by this chapter. The council 1470 shall have final authority to designate the name of the subdivisionplat, which shall be determined at 1471 preliminary subdivisionplat approval. 1472 Sec. 82-222. - Drainage and storm sewers. 1473 (a) General requirements. The city shall not approve any subdivisionplat which does not make adequate 1474 provision for stormwater or floodwater runoff. Surface water drainage patterns shall be shown for each 1475 lot and block. The stormwater drainage system shall be separate and independent of any sanitary sewer 1476 system. Storm sewers, where required, shall be designed by the method as approved by the city, and a 1477 copy of design computations shall be submitted along with plans. Inlets shall be provided so that 1478 surface water is not carried across or around any intersection, nor for a distance of more than 600 feet 1479 in the gutter in urban areas. When calculations indicate that curb capacities are exceeded at a point, no 1480 further allowance shall be made for flow beyond that point; and basins shall be used to intercept flow 1481 at that point. 1482 (b) Nature of stormwater facilities. 1483 (1) Location. The subdivision shall be required by the city to carry away by pipe or open ditch any 1484 spring or surface water that may exist either previously to or as a result of the subdivisionplat. 1485 Such drainage facilities shall be located in the road right-of-way where feasible, or in perpetual 1486 unobstructed easements of appropriate width, and shall be constructed in accordance with the 1487 city's construction standards and specifications. 1488 (2) Accessibility to public storm sewers. 1489 Commented [JB97]: We don’t need two playbooks. July 20, 2020 page 35 a. Where a public storm sewer is accessible, the subdivider shall install storm sewer facilities; 1490 or, if no outlets are within a reasonable distance, adequate provision shall be made for the 1491 disposal of stormwaters, subject to the specifications of the city. However, in subdivisions 1492 containing lots less than 22,000 square feet in area and in business and industrial districts, 1493 underground storm sewer systems shall be constructed throughout the subdivisions and be 1494 conducted to an approved outfall. 1495 b. If a connection to a public storm sewer will be provided eventually, as determined by the 1496 city, the subdivider shall make arrangements for future stormwater disposal by a public 1497 utility system at the time the subdivision receives final approval. Provision for such 1498 connection shall be incorporated by inclusion in the performance bondBond required for the 1499 final subdivision. 1500 (3) Accommodation of upstream drainage areas. A culvert or other drainage facility shall in each 1501 case be large enough to accommodate potential runoff from its entire upstream drainage area, 1502 whether inside or outside the subdivision. The city shall determine the necessary size of the 1503 facility, based on the provisions of the construction standards and specifications assuming 1504 conditions of maximum potential watershed development permitted by chapter 78 and 1505 comprehensive municipal planCommunity Management Plan. 1506 (4) Effect on downstream drainage areas. The city shall also study the effect of each subdivisionplat 1507 on existing downstream drainage facilities outside the area of the subdivisionplat. City drainage 1508 studies, together with such other studies as shall be appropriate, shall serve as a guide to needed 1509 improvements. Where it is anticipated that the additional runoff incident to the development of 1510 the subdivisionplat will overload an existing downstream drainage facility, the city may withhold 1511 approval of the subdivisionplat until provision has been made for the improvement of the potential 1512 condition at the subdivider's expense and in such sum as the city shall determine. No 1513 subdivisionplat shall be approved unless adequate drainage will be provided to an adequate 1514 drainage watercourse or facility. 1515 (5) Floodplain areas. The city may, when it deems it necessary for the health, safety or welfare of 1516 the population of the area and necessary to the conservation of water, drainage and sanitary 1517 facilities, prohibit the subdivision of any portion of the property which lies within the floodplain 1518 of any stream, lake or drainage course. These floodplain areas shall be preserved from any and 1519 all destruction or damage resulting from clearing, grading or dumping of earth, waste material or 1520 stumps by the appropriate conservation easement. 1521 (c) Dedication of drainage easements. 1522 (1) General requirements. Where a subdivisionplat is traversed by a wetlands, swamp, watercourse, 1523 drainageway, channel or stream, there shall be provided a stormwater easement, conservation and 1524 flowage easement, or drainage right-of-way conforming substantially to the lines of such 1525 watercourse, and of such width and construction or both as will be adequate for the purpose. 1526 Wherever possible, it is desirable that the drainage be maintained by an open channel with 1527 landscaped banks and adequate width for maximum potential volume of flow. 1528 (2) Drainage easements. 1529 a. Where topography or other conditions are such as to make impractical the inclusion of 1530 drainage facilities within road rights-of-way, perpetual unobstructed easements of an 1531 appropriate width at least 15 feet in width for such drainage facilities shall be provided across 1532 property outside the road lines and with satisfactory access to a public roadway. Easements 1533 shall be indicated on the platn if subdivision is a plat. Drainage easements shall be carried 1534 from the road to a natural watercourse or to other drainage facilities. 1535 July 20, 2020 page 36 b. When a proposed drainage system will carry water across private land outside the 1536 subdivisionplat, appropriate drainage rights must be secured and indicated on the plan if the 1537 subdivision is a plat. 1538 c. The subdivider shall dedicate, by drainage or conservation easement of land on both sides of 1539 existing watercourses, to a distance to be determined by the city. 1540 d. Wetlands, swamps and low-lying lands along watercourses subject to flooding or 1541 overflowing during storm periods, whether or not included in areas for dedication, shall be 1542 preserved and retained in their natural state as drainageways; and conservation and flowage 1543 easements for those areas shall be dedicated to the city. Such lands subject to periodic 1544 flooding shall not be computed in determining the number of lots to be utilized for average 1545 density procedure nor for computing the area requirements of any lot. 1546 Sec. 82-223. - Water facilities. 1547 (a) Public water systems. 1548 (1) Where a public water main is accessible, the subdivider shall install adequate water facilities, 1549 including fire hydrants, subject to the specifications of the stateState or city. 1550 (2) Water main extensions shall be approved by the city. 1551 (3) To facilitate the provisions of subsections (a)(1) and (2) of this section, the location of all fire 1552 hydrants and all water supply improvements and all improvements proposed to be served shall be 1553 shown on the preliminary subdivisionplat, and the cost of installing such improvements shall be 1554 included in the performance bondBond to be furnished by the subdivider. 1555 (b) Individual wells. 1556 (1) In the discretion of the city, if a public water system is not available, individual wells may be 1557 used. Water samples shall be submitted to the stateState health department for its approval. 1558 (2) If the city requires that a connection to a public water main be eventually provided as a condition 1559 to approval of an individual well, the subdivider shall make arrangements for future water service 1560 at the time the subdivisionplat receives final approval. 1561 Sec. 82-224. - Sewerage facilities. 1562 (a) General requirements. Where public sanitary sewer is available, the subdivider shall install sanitary 1563 sewer facilities in a manner prescribed by the city's construction standards, specifications and 1564 provisions of this Code. All plans shall be designed in accordance with the rules, regulations and 1565 standards of the city, stateState health department, and other appropriate agencies. Plans shall be 1566 approved by these agencies. 1567 (b) Connection. Where a public sanitary sewerage system is reasonably accessible, the applicant shall 1568 connect the system and provide sewers accessible to each lot in the subdivisionplat. 1569 (c) Central system. In the Metropolitan Urban Service Area (MUSA), wWhere public sanitary sewerage 1570 systems are not reasonably accessible but will become available within a reasonable time (not to 1571 exceed 15 years), the applicant may choose a central sewerage system. The maintenance cost shall be 1572 assessed against each property benefited. Where plans for future public sanitary sewerage systems 1573 exist, the applicant shall install the sewer lines, laterals and mains to be in permanent conformance 1574 with such plans and ready for connection to such public sewer mains. 1575 (d) Septic system. In the MUSA, and Wwhere sanitary sewerage systems are not reasonably accessible 1576 and will not become available for a period in excess of 15 years, the applicant may install a sewerage 1577 system in accordance with chapter 58, article II. 1578 (e) Design criteria for sanitary sewers. 1579 Commented [JB98]: We already define lot area. Can this be removed? July 20, 2020 page 37 (1) Generally. These design criteria are not intended to cover extraordinary situations. Deviations 1580 will be allowed and may be required in those instances where considered justified by the city. 1581 (2) Design factors. Sanitary sewerage systems should be designed for the ultimate tributary 1582 population. Due consideration should be given to the Community Management Plancurrent 1583 zoning regulations and approved planning and zoning reports where applicable. Sewer capacities 1584 should be adequate to handle the anticipated maximum hourly quantity of sewage and industrial 1585 waste together with an adequate allowance for infiltration and other extraneous flow. Sewers shall 1586 be designed in accordance with standards and specifications approved by the city. 1587 Sec. 82-225. - Utilities. 1588 (a) Location. All utility facilities, including but not limited to gas, electric power, telephone and CATV 1589 cables, shall be located underground throughout a subdivisionplat. Wherever existing utility facilities 1590 are located above ground, except where existing on public roads and rights-of-way, they shall be 1591 removed and placed underground. All utility facilities existing and proposed throughout the 1592 subdivisionplat shall be shown on the preliminary subdivisionplat plan. Underground service 1593 connections to the street property line of each platted lot shall be installed at the subdivider's expense. 1594 At the discretion of the city, the requirements for service connections to each lot may be waived in the 1595 case of adjoining lots to be retained in single ownership and intended to be developed for the same 1596 primary use. 1597 (b) Easements. Easements centered on rear and side lot lines shall be provided for utilities (private and 1598 municipal), and such easement shall be at least ten feet wide and have satisfactory access to the 1599 publicly dedicated and opened road. Easements shall be indicated on the plat. Proper coordination shall 1600 be established between the subdivider and the applicable utility companies for the establishment of 1601 utility easements established in adjoining properties. 1602 Sec. 82-226. - Preservation of natural features and amenities. 1603 (a) (a) Generally. Existing features which would add value to residential development or to the city 1604 as a whole, such as trees, watercourses and falls, beaches, historic spots, and similar irreplaceable 1605 assets, shall be preserved in the design of the subdivisionplat. 1606 1. No trees shall be removed from any subdivisionplat nor any change of grade of the land 1607 effected until approval of the preliminary subdivisionplat has been granted. All trees on the 1608 subdivisionplat plan required to be retained shall be preserved, and all trees where required 1609 shall be welled and protected against change of grade. The vegetation map shall show the 1610 number and location of existing trees, as required by this chapter, and shall further indicate 1611 all those marked for retention, and the location of all proposed shade trees required along 1612 the street side of each lot as required by this chapter. 1613 (b) Shade Deciduous trees planted by subdivider. 1614 (1) As a requirement of subdivision approval, the city may require that the subdivider plant 1615 Deciduousshade trees on the property of the subdivision. Such trees are to be planted within five 1616 feet of the right-of-way of the roads within and abutting the subdivision, or, at the discretion of 1617 the city, within the right-of-way of such roads. One tree shall be planted for every 40 feet of 1618 frontage along each road unless the council, upon recommendation of city staff, shall grant a 1619 waiver. 1620 (2) New trees to be provided pursuant to this chapter shall be approved by the city and shall be 1621 planted in accordance with the specifications of the city. Such trees shall have a minimum trunk 1622 diameter, measured 12 inches above ground level, of not less than two inches. Only oak, honey 1623 locust, hard maples, ginkgo, ash or other long-lived shade trees acceptable to the city shall be 1624 planted. Alternatively, the City may accept trees recommended for street use by University of 1625 July 20, 2020 page 38 Minnesota Extension – Forestry, Northwest and Central regions and appropriate for the soil 1626 conditions. 1627 Sec. 82-227. - Parks and playgrounds, class II and III subdivisions. 1628 The following provisions apply to class II and III subdivisions: 1629 (1) Lands for public use. The city finds that when land is subdivided, including a planned residential 1630 development or a planned unit development, the resulting additional housing units or 1631 commercial/industrial buildings have an impact on the city's park system. Therefore, pursuant to 1632 Minn. Stat. § 462.358, subd. 2b, the city requires all persons, corporations or other legal entities 1633 that subdivide land within the city, as a prerequisite to approval of a lot division, final plat, 1634 planned residential development or planned unit devel opment, to convey to the city or dedicate 1635 to the public, for use as parks, playgrounds, trails or open space, a given percentage of the land 1636 being platted or developed as specified in this section, such portions to be approved by the city. 1637 In lieu thereof, the subdivider shall, at the option of the city, pay to the city, for use in the 1638 acquisition, development or improvement of public parks, playgrounds, trails, wetlands or open 1639 spaces and debt retirement in connection with the foregoing, an equivalent amount in cash based 1640 upon the fair market value of the land to be developed. The form of contribution (cash, land, or 1641 any combination) shall be decided by the city council based upon the need and conformance with 1642 the comprehensive plan. The amount of the dedication requirement shall be roughly proportional 1643 to the impact of the subdivision on the city's park system. 1644 (2) Dedicated land requirements. Any land to be dedicated as a requirement of this section shall be 1645 reasonably adaptable for the public purposes listed in subsection (1) of this section. Factors used 1646 in evaluating the adequacy of proposed dedicated areas shall include size, shape, topography, 1647 drainage, geology, tree cover, access and location. 1648 (3) Land dedication minimum area. Subdividers shall be required to dedicate to the city for parks, 1649 playgrounds, trails, open spaces and other public purposes as a minimum that percentage of gross 1650 land area, or other such amount as may be determined by the city council, as set forth below: 1651 a. In residential/agricultural/multiple residential zoned land, dedication requirement of eight 1652 percent of the land being platted or subdivided. The dedication required shall be roughly 1653 proportional to the projected impact of the proposed development on the city's park s ystem. 1654 Because of the vastly differing land values in the city, the eight percent park dedication 1655 requirement could result in park dedication requirements that are either significantly greater 1656 than or significantly less than the amount which is roughly proportional to the impact of the 1657 proposed development on the city's park system. Periodically, therefore, the city will 1658 establish both a maximum and minimum park dedication amount per dwelling unit based on 1659 an updated projection of the cost of the city's park system and the proportionate share of this 1660 projected cost to be borne by new dwelling units in the city. This will be done by a resolution 1661 of the city council. 1662 b. In commercial/industrial zoned land, dedication requirement of eight percent of the land 1663 being platted or subdivided. The dedication required shall be roughly proportional to the 1664 projected impact of the proposed development on the city's park system. The city finds that 1665 the employees of commercial/industrial developments in the city make use of the city's park 1666 system, particularly trails and natural areas. Because the city's park system is focused on 1667 trails and natural areas versus active community parks and ballfields, commercial/industrial 1668 employees use the city's park system in ways similar to city residents. Therefore, the 1669 commercial/industrial dedication requirement will be tied to the residential dedication 1670 requirement by determining the number of employees that is equivalent to a residential 1671 dwelling unit in terms of impact on the city's park system. Periodically the city will establish 1672 both a maximum and minimum park dedication amount per employee based on this 1673 Commented [JB99]: The Planning Commission wanted to reference the DNR listing. Staff did not find a DNR list, but one from the U of Minnesota extension office. Commented [SM100]: We should analyze the formula. Formatted: Highlight July 20, 2020 page 39 determination and the determination of the residential dedication requirement as set out in 1674 subsection (3)a of this section. This will be done by resolution of the city council. 1675 c. Because the city's park system is focused on trails and natural open space areas, the city does 1676 not have a broad system of neighborhood parks. If a subdivision is planned to be served by 1677 a neighborhood park, this subdivision will receive a greater benefit from the city's park 1678 system than that received by the general population. Therefore, the maximum park 1679 dedication amount as determined in subsection (3)a of this section may be exceeded up to 1680 the full eight percent dedication requirement in the case of a subdivision that is planned to 1681 be served by a neighborhood park. 1682 (4) Cash contribution in lieu of lands. In those instances where a cash contribution is to be made by 1683 the subdivider, in lieu of a conveyance or dedication of land, the cash contribution to be 1684 contributed shall be equivalent to the fair market value of the equivalent undeveloped land that 1685 would otherwise have been conveyed or dedicated. The city shall account for such funds in a 1686 special fund named park dedication funds. These funds are to be used only for the acquisition, 1687 development and improvement of public parks, playgrounds, trails, wetlands or open spaces, and 1688 debt retirement in connection with the foregoing. 1689 (5) Fair market value of lands. Fair market value for purposes of this section shall be the land 1690 predevelopment value to be determined by the city council as of the time of preliminary plat 1691 application in accordance with the following: 1692 a. The city assessor shall recommend to the city council as to the fair market value of the land 1693 after consultation with the subdivider. 1694 b. If agreement is not reached between the city assessor and subdivider, the fair market value 1695 shall be determined in accordance with the following: 1696 1. Fair market value as determined by the city council based upon a current appraisal 1697 submitted to the city by the subdivider, at his their expense. The appraisal shall be made 1698 by appraisers who are approved members of SREA or MAI, or equivalent real estate 1699 societies. 1700 2. If the city disputes such appraisal amounts, it may obtain an appraisal of the property 1701 by a qualified real estate appraiser which the city council selects and which appraisal 1702 may be accepted by the city as being an accurate appraisal at fair market value. The cost 1703 of the appraisal shall be paid by the subdivider. 1704 c. The determination of fair market value of the undeveloped land by the city assessor, city 1705 council or designated appraisers shall be determined at the time of preliminary su bdivision 1706 approval, provided that there is final plat approval within the time limits as set forth in this 1707 chapter. The time of preliminary plat approval is utilized because the nature of the 1708 subdivision, its probable population, lot size and value, and other relevant factors are known. 1709 If an extension of the time limits in this chapter is approved by the city council, the fair 1710 market value shall be determined as of the time of the approval of that extension. In 1711 determining the fair market value as of time of preliminary plat application, or its extension, 1712 the factors to be included in the analysis shall include any and all factors which are generally 1713 accepted and used by approved members of SREA or MAI or equivalent real estate appraisal 1714 societies. 1715 (6) Future subdivision. Any land which is further subdivided, divided or replatted or applied for 1716 such subdivision, division or replatting subsequent to May 1, 1990, shall be subject to the 1717 requirements of the ordinance then in effect concerning dedication of land for public purposes; 1718 and credit shall be given for any charges previously imposed upon that land if the subdivider can 1719 Commented [JB101]: Review of Park dedication proposed 2021 project. July 20, 2020 page 40 prove that fees were previously paid. In no event shall the city be liable for any payment which 1720 may be due because of a subsequent reduction in the application percentage of land or equivalent 1721 market value in cash to be dedicated. 1722 Secs. 82-228—82-250. - Reserved. 1723 1724 DIVISION 2. - LOTS 1725 1726 Sec. 82-251. -– Security Performance bond to include lot improvement. 1727 The security performance bond required shall include an amount to guarantee completion of all 1728 requirements contained in this division, including but not limited to erosion control, soil preservation, 1729 final grading, lot drainage, land stabilization, lawn-grass seeding, removal of debris and waste, fencing, 1730 and all other lot improvements required by the city. 1731 Sec. 82-252. - Lot arrangement. 1732 The lot arrangement shall be such that there will be no foreseeable difficulties, for reasons of 1733 topography or other conditions, in securing building permits to build on all lots in compliance with 1734 chapter 78 and in providing driveway access to buildings on such lots from an approved street. 1735 Sec. 82-253. - Lot dimensions. 1736 Lot dimensions shall comply with the minimum standards of chapter 78. Where lots are more than 1737 double the minimum required area for the zoning district, the city may require that such lots be arranged 1738 so as to allow further subdivision and the opening of future streets where they would be necessary to 1739 serve such potential lots, all in compliance with chapter 78. In general, side lot lines shall be at right 1740 angles to street lines (or radial to curving street lines) unless a variation from this rule will give a better 1741 street or lot plan. Dimensions of corner lots shall be large enough to allow for erection of buildings, 1742 observing the minimum front yard setback from both streets. Depth and width of properties reserved or 1743 laid out for business, commercial or industrial purposes shall be adequate to provide for the off -street 1744 parking and loading facilities required for the type of use and development contemplated, as established 1745 in chapter 78. Notwithstanding the required width of each lot, each lot shall maintain a minimum frontage 1746 of 18 feet on a public or private street, or access outlot. 1747 Sec. 82-254. - Lot area, minimum. 1748 1749 A. In areas not served by sanitary sewer, each lot must contain a minimum of two acres of 1750 contiguous Dry Buildable Land exclusive of public rights-of-way, vehicular easements, or areas 1751 at or below the floodplain elevation for a specific property. 1752 B. In areas served by sanitary sewer, each lot must contain contiguous Dry Buildable Land equal to 1753 the minimum areas as prescribed in chapter 78 or half -acre, whichever is less (exclusive of public rights-1754 of-way, vehicular easements, or areas at or below the floodplain elevation for a specific property), and 1755 have legal access to the building site without encroachment of a wetland or floodplain area. 1756 C. Outlots. Outlots are not intended for development except for the purpose in which they are 1757 created, which may include streets, stormwater management, monument signs, etc. Outlots intended for 1758 future development shall not be subject to development fees until they are platted as buildable lots. 1759 1760 The minimum area requirements for each proposed lot as prescribed in chapter 78. The lot area must 1761 also comply with chapter 58, article II. Public and private rights-of-way, vehicular or pedestrian 1762 easements, or surface areas below the ordinary high water mark of any surface water or wetlands or 1763 floodplain areas may not be used in order to meet any portion of the minimum lot area requiremen ts. 1764 Sec. 82-255. - Lakeshore lots. 1765 Commented [JB102]: This is a new minimum, and provides for a minimum width of driveway and drive setbacks for snow storage, etc. Commented [JB104]: Commissioner Bollis does not support a minimum. Commented [JB103]: The Planning Commission discussed this proposed requirement at length during their review on July 20th. Commissioners Ressler and Bollis did not want to include it, while the balance of Commissioners wanted to keep it. Staff recommends the clause to provide further clarity to the lot design process. Commented [JB105]: Zoning: Lot area means the area of a lot in a horizontal plane bounded by the lot lines, but not including any area occupied by the waters of a duly recorded lake or river or wetland or area which has been dedicated as public right -of-way. Commented [JB106]: Necessary? We already define lot area. July 20, 2020 page 41 The granting of easements which purport to grant access to the lake to any person for any uses, 1766 including but not limited to docking, mooring, swimming and launching of boats, is prohibited and shall 1767 be deemed a violation of this chapter and subject to all of the penalties and proceedings as set forth in this 1768 chapter. 1769 Exception. An owner of a riparian lot within the Seasonal Recreational (RS) zoning 1770 district may grant an easement over their riparian, RS zoned property to benefit a non -riparian, RS 1771 zoned property for lake access purposes. 1772 1773 Sec. 82-256. - Double-frontage lots, access to lots, and front/back lot divisions. 1774 (a) Double-frontage lots. Double-frontage and reversed-frontage lots shall be avoided except where 1775 necessary to provide separation of residential development from traffic arterials or to overcome 1776 specific disadvantages of topography and orientation. 1777 (b) Access from any arterial roadway. Lots shall not, in general, derive access exclusively from an arterial 1778 roadway. Where driveway access from any arterial roadway may be necessary for several adjoining 1779 lots, the council may require that such lots be served by a combined access drive in order to limit 1780 possible traffic hazard on such roadway. Where possible, driveways shall be designed and arranged so 1781 as to avoid requiring vehicles to back into traffic on any arterial roadway. 1782 (c) Front/back lot subdivisions. Flag lots and easement back lots shall not be created. For the purposes 1783 of this chapter, a flag lot shall be defined as a lot so shaped such that the main building site is set back 1784 from the street on which it fronts and includes an access strip connecting the main building site with 1785 the fronting street. Front/back lot divisions shall be allowed only in conjunction with the creation of 1786 a separate n outlot to provide access from the back lot to the public or private road. Such outlot shall 1787 not be allowed as creditable lot area for either the back or front lots. Front/back lot subdivisions shall 1788 adhere to the following standards: 1789 (1) Applicability. 1790 a. Front/back lot divisions may be used when existing property dimensions are narrow and 1791 deep, such that lot width does not allow for a side-by-side lot split, but acreage is adequate 1792 to provide a front lot and a back lot without requiring an area variance when the area of the 1793 outlot access corridor is excluded. 1794 b. Front/back lot divisions may be used for individual lot splits but may not be used when 1795 subdividing a large parcel into numerous lots if creation of a back lot is merely a convenience 1796 to the developer rather than supported by unique site factors. 1797 c. A front/back lot division shall not be allowed when any existing residence on a neighboring 1798 property abutting the proposed access outlot is located nearer its affected side lot line than a 1799 distance equivalent to the zoning district required front yard depth. 1800 (2) Dimensional standards. Dimensional standards for back lots shall be as follows: 1801 a. Lot area shall be 150 percent of the zoning district requirement. Wetlands may be allowed 1802 as area credit for meeting the 150 percent back lot area requirement, as long as the back lot 1803 contains sufficient contiguous dry buildable land to satisfy the minimum acreage 1804 requirement of the underlying zoning district. 1805 b. Lot width measured parallel to the front or street lot line at the street yard setback line of a 1806 lakeshore back lot, or at the rear of the front yard setback line of a non -lakeshore back lot, 1807 shall meet the zoning district width requirement. The street yard or front yard for any back 1808 lot will be a yard starting where the narrow access outlot corridor ends and the lot begins. 1809 Commented [JB107]: Added in 2020. Commented [JB108]: Define flag lot July 20, 2020 page 42 Lakeshore back lots shall meet the lot width standard at the shoreline, at the lakeshore 1810 setback line and at the street yard setback line. 1811 c. The depth of the required street yard or front yard shall be 150 percent of the zoning district 1812 front yard requirement. 1813 d. The required side yard and rear yard depths for back lots shall be 150 percent of the zoning 1814 district yard requirements. The required lakeshore yard of a lakeshore back lot shall meet the 1815 zoning district lakeshore yard requirements. 1816 (3) Dimensional standards for front lots. A front lot created as part of a front/back lot division shall 1817 meet all zoning district area, width and setback standards; except that the required side yard of 1818 the front lot adjacent to the access outlot shall be equivalent to the side street yard requirement 1819 for that zoning district. 1820 (4) Access requirements. 1821 a. Access outlots shall be 30 feet minimum width, and shall be wide enough to accommodate 1822 drainage, snow removal and screening without encroaching on neighboring properties. In 1823 no case shall an outlot be narrower than 30 feet in width. 1824 b. In approving front/back lot divisions, the city may require that both front lot and back lot 1825 share a driveway access within the access outlot if the council determines that creating an 1826 additional access to the existing street will be a potential safety hazard. 1827 c. Driveways within a back lot shall be located at least ten feet from the side or rear lot lines of 1828 adjacent lots. 1829 d. No more than two residences may be served by a driveway located within an access outlot. 1830 e. No access outlot may be platted abutting an adjacent outlot except when the intent is to 1831 combine the two access outlots for creation of a public or private road meeting city standards. 1832 (5) Screening requirements and accessory structure standards. Front/back lot subdivisions shall be 1833 designed in a manner such that the screening requirements and accessory structure standards of 1834 section 78-1370 can be met. 1835 (36) Effective date. The requirements and standards of this section shall apply only to those 1836 front/back lot divisions which received preliminary plat approval after January 1, 1994. 1837 Sec. 82-257. - Soil preservation, grading and seeding. 1838 (a) Soil preservation and final grading. No certificate of occupancy shall be issued until final grading 1839 has been completed in accordance with the approved final subdivision and the lot precovered with soil 1840 with an average depth of at least six inches, which shall contain no particles over two inches in diameter 1841 over the entire area of the lot, except that portion covered by buildings or included in streets, or where 1842 the grade has not been changed or natural vegetation seriously damaged. Topsoil shall not be removed 1843 from residential lots or used as spoil but shall be redistributed so as to provide at least three inches of 1844 cover on the lots and boulevards. 1845 (b) Lawn-grass seed and sod. All disturbed areas shall be stabilized with a vegetative mix approved by 1846 the city engineer. Lawn-grass seed shall be sown at not less than four pounds to each 1,000 square 1847 feet of land area. The seed shall consist of a maximum of ten percent rye grass by weight and a 1848 minimum of 90 percent of permanent bluegrass and/or fescue grass by weight. All seed shall have 1849 been tested for germination within one year of the date of seeding, and the date of testing shall be on 1850 the label containing the seed analysis. All lots shall be seeded from the roadside edge of the unpaved 1851 right-of-way back to a distance of 25 feet behind the principal residence on the lot. No certificate of 1852 occupancy shall be issued until the disturbed areas meet the standard of Final Stabilization, as defined 1853 in Section 79-5 respreading of soil and seeding of lawn has been completed; except that during the 1854 Commented [JB109]: Also stated in zoning code section. Delete the copy in in 78-1370 (1) Commented [JB110]: Also in zoning code section. 78- 1370 (2) Commented [JB111]: Also in zoning code section. This is in 78-1370 (3) Commented [JB112]: Function of erosion control July 20, 2020 page 43 period of the year when seed cannot be sown, the property owner and/or developer shall submit an 1855 agreement in writing to assure that respreading of soil and seeding of lawn will be done during the 1856 immediate following planting season, and shall leave a security in a form acceptable to the city for 1857 performance in such an amount as shall be determined by the city. The developer may choose to 1858 include final lot grading and required lawn grass seeding improvements in a subdivider's 1859 agreementdevelopment contract and shall leave a security in a form acceptable to the city for 1860 performance in such an amount as shall be determined by the city. Sod may be used to comply with 1861 any requirements of seeding set forth in this section. 1862 (c) Lot drainage. Lots shall be graded so as to provide positive drainage away from all buildings, and 1863 individual lot drainage shall be coordinated with the general storm drainage pattern for the area. 1864 Drainage shall be designed so as to avoid concentration of storm drainage water from each lot to 1865 adjacent lots. 1866 Sec. 82-258. - Debris and waste. 1867 No cut trees, timber, debris, earth, rocks, stones, soil, junk, rubbish or other waste materials of any 1868 kind shall be buried in any land, or left or deposited on any lot or street at the time of the issuance of a 1869 certificate of occupancy on a subdivision, nor shall any be left or deposited in any area of the subdivision 1870 at the time of expiration of the performance bondsecurity or dedication of public improvements, 1871 whichever is sooner. 1872 Sec. 82-259. - Water bodies and watercourses. 1873 If a tract being subdivided contains a body of water, marsh, wetlands, etc., or a portion of such areas, 1874 lot lines shall be so drawn as to distribute the entire ownership of those areas among the fee owners of 1875 adjacent lots. The council may approve an alternative plan whereby the ownership of and responsibility 1876 for safe maintenance of those areas is so placed that it will not become the city's responsibility. Where a 1877 watercourse separates the buildable area of a lot from the street by which it has access, provisions shall be 1878 made for installation of a culvert or other structure, of a design approved by the city. 1879 Secs. 82-260—82-280. - Reserved. 1880 1881 DIVISION 3. - ROADS AND PUBLIC WAYS 1882 1883 Sec. 82-281. - Design standards. 1884 (a) Generally. In order to provide for roads of suitable location, width and improvement to accommodate 1885 prospective traffic and afford satisfactory access to police, firefighting, snow removal, sanitation and 1886 road maintenance equipment, and to coordinate roads so as to compose a convenient system and avoid 1887 undue hardships to adjoining properties, the following design standards for roads are required: 1888 (1) Road surfacing and improvements. After the sewer and water utilities have been installed by the 1889 subdivider, the subdivider shall construct all road pavement, shoulders, drainage improvements 1890 and structures, curbs, culs-de-sac, and sidewalks in conformance with all construction standards 1891 and specifications adopted by the city and shall be incorporated into the constructi on plans 1892 required to be submitted to the subdivider for final subdivision approval. 1893 (2) Rights-of-way. Rights-of-way shall be in accordance with the following performance standard: 1894 a. Minimum right-of-way widths. 1895 Principal arterial, intermediate arterial As recommended by the State Department of Transportation Minor arterial 80 feet Collector 70 feet Local 50 feet Commented [JB113]: What is the point of this? July 20, 2020 page 44 Parkway 100 feet Culs-de-sac 50 feet radius 1896 b. Rights-of-way are needed for future roadways in the opinion of the city. 1897 c. Right-of-way widths or additional widths in existing rights-of-way in excess of the standards 1898 designated in this chapter when, due to topography, additional width is necessary to provide 1899 adequate earth slopes. Such slopes shall not be in excess of 3:1. 1900 (b) Railroads and limited-access roadways. Railroad rights-of-way and limited-access roadways where 1901 so located as to affect the subdivision of adjoining lands shall be treated as follows: 1902 (1) In residential districts, a buffer strip at least 25 feet in depth in addition to the normal depth of 1903 the lot required in the district shall be provided adjacent to the railroad right-of-way or limited-1904 access roadway. 1905 (2) In districts zoned for business, commercial or industrial uses, the nearest street extending parallel 1906 or approximately parallel to the railroad shall be at a sufficient distance to ensure suitable depth 1907 for commercial or industrial sites. 1908 (3) Streets parallel to the railroad when intersecting a street which crosses the railroad at grade shall 1909 be at a distance of at least 150 feet from the railroad right-of-way. Such distance shall be 1910 determined with due consideration of the minimum distance required for future separation of 1911 grades by means of appropriate approach gradients. 1912 (4) Streets Roadways crossing the railroads shall be avoided. 1913 (c) Intersections. 1914 (1) StreetsRoadways shall be laid out so as to intersect as nearly as possible at right angles. A 1915 proposed intersection of two new streets at an angle or less than 75 degrees shall not be acceptable. 1916 An oblique street should be curved approaching an intersection and should be approximately at 1917 right angles for at least 100 feet from the intersection. Not more than two streets shall intersect at 1918 any one point unless specifically approved by the city. 1919 (2) Proposed new intersections along one side of an existing street shall coincide with any existing 1920 intersections on the opposite side of such street. Intersection jogs with centerline offsets of less 1921 than 150 feet shall not be permitted, except where the intersected street has separated dual drives 1922 without median breaks at either intersection. Where streets intersect collectors or arterials, major 1923 streets, their alignment shall be continuous. Intersections of arterial roadways shall be at least 800 1924 feet apart. 1925 (3) Minimum curb radius at the intersection of two local streets shall be at least 15 feet, and 1926 minimum curb radius at an intersection involving a collector street or local streets in a commercial 1927 or industrial area shall be at least 25 feet. Alley intersections and abrupt changes in alignment 1928 within a block shall have the corners cut off in accordance with standard engineering practice to 1929 permit safe vehicular movement. 1930 (4) Intersections shall be designed with a flat stopping area of at least 30 feet in a residential area 1931 and 60 feet in a commercial or industrial area. The stopping area shall be designed to provide a 1932 maximum grade of two percent. 1933 (5) Where any street intersection will involve earth banks or existing vegetation inside any lot corner 1934 that would create a traffic hazard by limiting visibility, the subdivider shall cut such ground and/or 1935 July 20, 2020 page 45 vegetation (including trees) in connection with the grading of the right-of-way to the extent 1936 deemed necessary by the city to provide an adequate sight distance. 1937 (6) The crown of all streets, including intersections, shall be three percent or less. 1938 (d) Typical section. Typical sections shall be as prescribed in the Orono Standard Construction Details, 1939 as amended from time to time. The typical section indicated in this subsection is as determined for a 1940 clay subgrade (A-6 soil classification) and may be subject to change. Soil borings may be required to 1941 be determined by the city. 1942 (1) Private street, residential 1943 Units R.O.W.* (feet) M.P.W.** (feet) 3—6 50 24 Over 7 6 50 28 Cul de sac 50 radii 45 radii 1944 (2) Public street, residential 1945 Units R.O.W.* (feet) M.P.W.** (feet) 3—10 50 28 Over 10 50 32 Cul de sac 50 45 radii 1946 Maximum cul-de-sac length = 1,000 feet 1947 Maximum number of units on cul-de-sac = 10 1948 (3) Public street, commercial or industrial 1949 Units R.O.W.* (feet) M.P.W.** (feet) 1+ 70 32 Cul de sac 50 45 1950 *Right-of-Way Width 1951 **Minimum Paved Width 1952 (e) Horizontal and vertical control. Horizontal and vertical control shall be as follows: 1953 Formatted Table Formatted Table Formatted Table July 20, 2020 page 46 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 1954 Sec. 82-282. - Off-site premises; roadways. 1955 (a) Access to improved public or private roadways. No subdivision shall be approved unless the area to 1956 be subdivided shall have adequate access from an existing publicly dedicated and opened roadway or 1957 on a private roadway open to travel or vehicular use pursuant to an easement between persons or 1958 between persons and the city. Such roadway must be suitably improved as required by the city, the 1959 stateState or the county. If the public roadway, including but not limited to existing bridges, drainage 1960 structures, lighting, shoulders, base, pavement, alignment or sight distance, is not suitable to handle 1961 the proposed additional vehicular traffic from the subdivision, the subdivider at theirhis expense will 1962 be responsible for first improving the public roadway to a standard acceptable to the city, to ensure 1963 that the health, safety and welfare of the citizens presently using the roadway and in the future will be 1964 protected and will not be adversely affected by the increased use of the roadway caused by the 1965 subdivision. This improvement shall be accomplished prior to final subdivision approval unless the 1966 city agrees and the subdivider provides a suitable performance bondBond to complete the 1967 improvements in the subdivider's agreementdevelopment contract. 1968 (b) Access to improved public roadways over existing private roadways. Wherever the area to be 1969 subdivided is to utilize an existing private roadway in order to gain access to the public roadway, such 1970 private roadway shall be suitably improved as provided in this section for public roadways. 1971 Sec. 82-283. - On-site roadways. 1972 (a) Grading and improvement plan. Roadways shall be graded and improved to conform to the city's 1973 construction standards and specifications and shall be approved as to design and specifications by the 1974 city engineer, in accordance with the construction plans required to be submitted prior to final 1975 subdivision approval. 1976 (b) Topography and arrangement. 1977 (1) Roadways shall be related appropriately to the topography. Roadways shall be curved wherever 1978 possible to avoid conformity of lot appearance. All roadways shall be arranged so as to obtain as 1979 many as possible of the building sites at or above the grades of the street. Grades of streets shall 1980 conform as closely as possible to the original topography. A combination of steep grades and 1981 curves shall be avoided. 1982 (2) All streets shall be properly integrated with the existing and proposed system of thoroughfares 1983 and dedicated rights-of-way as established in the comprehensive municipal planCommunity 1984 Management Plan. 1985 July 20, 2020 page 47 (3) All thoroughfares shall be properly related to specific traffic generators, such as industries, 1986 business districts, schools, churches, and shopping centers; to population densities; and to the 1987 pattern of existing and proposed land uses. 1988 (4) Roadways shall be laid out to conform as much as possible to the topography, to discourage use 1989 by through traffic, to permit efficient drainage and utility systems, and to require the minimum 1990 number of roadways necessary to provide convenient and safe access to property. 1991 (5) The gridiron roadway pattern need not necessarily be adhered to, and the use of curvilinear 1992 roadways or U-shaped roadways shall be encouraged where such use will result in a more 1993 desirable layout. 1994 (6) Culs-de-sacs shall be discouraged; proposed roadways shall be extended to the boundary lines 1995 of the tract to be subdivided unless prevented by topography or other physical conditions or unless 1996 in the opinion of the city such extension is not necessary or desirable for the coordination of the 1997 layout of the subdivision with the existing layout or the most advantageous future development 1998 of adjacent tracts. 1999 (7) In business and industrial developments, the roadways and other accessways shall be planned in 2000 connection with the grouping of buildings, location of rail facilities, and the provisions of alleys, 2001 truck loading and maneuvering areas, and walks and parking areas so as to minimize conflict of 2002 movement between the various types of traffic, including pedestrian. 2003 (c) Blocks. 2004 (1) Blocks shall should have sufficient width to provide for two tiers of lots of appropriate depths. 2005 Exceptions to this prescribed block width shall be permitted in blocks adjacent to arterial 2006 roadways, railroads or waterways. 2007 (2) The lengths, widths, and shapes of blocks shall be such as are appropriate for the locality and 2008 the type of development contemplated; but block lengths in residential areas shall not exceed 2009 1,500 feet or 12 times the minimum lot width required in the zoning district, nor be less than 400 2010 feet in length from centerline to centerline of adjacent streets. Wherever practicable, blocks along 2011 arterial collector roadways shall be not less than 1,000 feet in length. 2012 (3) In all blocks, the city shall require the reservation of an easement through the block to 2013 accommodate utilities, drainage facilities or pedestrian traffic. Pedestrian ways or crosswalks, not 2014 less than ten feet wide, may be required by the city through the center of blocks more than 800 2015 feet long where deemed essential to provide circulation of access to schools, playgrounds, 2016 shopping centers, transportation or other community facilities. Blocks designed for industrial uses 2017 shall be of such length and width as may be determined suitable by the city for prospective use. 2018 (d) Access to primary arterials. Where a subdivision borders on or contains an existing or proposed 2019 arterial, the city may require that access to such roadways be limited by one of the following means: 2020 (1) The subdivision of lots so as to back onto the arterials and front onto a parallel local or collector 2021 roadway; no access shall be provided from the arterial, and screening shall be provided in a strip 2022 of land along the rear property line of such lots. 2023 (2) A series of culs-de-sacs, U-shaped streets, or short loops entered from and designed generally at 2024 right angles to such a parallel street, with the rear lines of their terminal lots backing onto the 2025 arterial. 2026 (3) A marginal-access or service road separated from the arterial by a planting or grass strip and 2027 having access to the arterial at suitable points. 2028 (e) Road names and street addresses. The sketch plan as submitted shall not indicate any names upon 2029 proposed streets. The city shall name all roads at the time of preliminary subdivision approval and 2030 Commented [JB114]: Not how Orono has developed. July 20, 2020 page 48 assign street addresses. The local postmaster shall be consulted by the zoning administrator. Names 2031 shall be sufficiently different in sound and in spelling from other road names in the area so as not to 2032 cause confusion. A road which is or is planned as a continuation of an existing road shall bear the same 2033 name. 2034 (f) Road regulatory signs. The subdivider shall deposit with the city at the time of final subdivision 2035 approval the sum of money as determined by the city for each road sign and the installation cost. The 2036 city shall install Aall road signs shall be installed prior to before issuance of certificates of occupancy 2037 building permits for any residence on the streets approved. The city shall place all signs at the 2038 developer's expense at all intersections within or abutting the subdivision, the type and location of 2039 which shall be approved by the city. 2040 (g) Reserve strips. The creation of reserve strips shall not be permitted adjacent to a proposed street in 2041 such a manner as to deny access from adjacent property to such street. 2042 (h) Construction of roads and dead-end roads. 2043 (1) Construction of roads. The arrangement of streets shall provide for the continuation of streets 2044 between adjacent properties when such continuation is necessary for access, convenient 2045 movement of traffic, effective fire protection, for efficient provision of utilities, and where such 2046 continuation is in accordance with the city comprehensive municipal planCommunity 2047 Management Plan. If the adjacent property is undeveloped and the street must be a dead-end street 2048 temporarily, the right-of-way shall be extended to the property line and a temporary cul de sac 2049 provided. The city may limit the length of temporary dead-end streets in accordance with this 2050 chapter. 2051 (2) Dead-end roads (permanent). Where a road does not extend to the boundary of the subdivision 2052 and its continuation is not required by the city for access to adjoining property, its terminus shall 2053 normally not be nearer to such boundary than 50 feet. However, the city may require the 2054 reservation of an appropriate easement to accommodate drainage facilities, pedestrian traffic or 2055 utilities. A cul-de-sac shall be provided at the end of a permanent dead-end street in accordance 2056 with the city's construction standards and specifications. For greater convenience to traffic and 2057 more effective police and fire protection, permanent dead-end streets shall, in general, be 2058 discouraged and where allowed be limited in length in accordance with this chapter. 2059 Sec. 82-284. - Road dedication and reservations. 2060 (a) New perimeter streets. Street systems in new subdivisions shall be laid out so as to eliminate or avoid 2061 new perimeter half-streets. Where an existing half-street is adjacent to a new subdivision, the other 2062 half of the street shall be improved and dedicated by the subdivider. The city may authorize a new 2063 perimeter street where the subdivider improves and dedicates the entire required street right-of-way 2064 width within his own subdivision boundaries. 2065 (b) Widening and realignment of existing roads. Where a subdivision borders an existing narrow road or 2066 when the comprehensive municipal planCommunity Management Plan or some other agency indicates 2067 plans for realignment or widening a road that would require use of some of the land in the subdivision, 2068 the subdivider shall be required to improve and dedicate at their his expense such areas for widening 2069 or realignment of such roads. Such frontage roads and streets shall be improved and dedicated by the 2070 subdivider at histheir own expense to the full width as required by this chapter. 2071 (c) Use of reserved land. Land reserved for any road purposes may not be counted in satisfying yard or 2072 area requirements of chapter 78, whether the land is to be dedicated to the city in fee simple or an 2073 easement is granted to the city. 2074 Sec. 82-285. - Pedestrian access. 2075 Commented [JB115]: Commissioner Erickson noted that the original prohibition seemed to contradict allowances permitted elsewhere. July 20, 2020 page 49 The council may require sidewalks or other pedestrian pathways trails in order to facilitate pedestrian 2076 access from the roads to schools, parks, playgrounds or other nearby roads at least five feet in width. 2077 Sidewalks shall be five feet in width and pathways trails no more than eight feet in width. 2078 Secs. 82-286—82-299. - Reserved. 2079 2080 DIVISION 4. - CONSERVATION DESIGN 2081 2082 Sec. 82-300. - Conservation design required. 2083 The following residential subdivisions shall be subject to the provisions of chapter 78, article XII 2084 with regards to conservation design. 2085 a. All proposed residential subdivisions or multi-unit residential developments greater than 2086 five acres in total area or and guided proposing forUrban medium or higher urban 2087 density densities (greater than one unit per two acres3 units per acre) shall be subject to 2088 the provisions of chapter 78, article XII with regards to conservation design. 2089 b. All proposed residential subdivisions greater than 7 acres and proposing 2 acre minimum 2090 lot size or smaller. 2091 a.c. The City Council may waive this requirement due to the nature of the proposed 2092 subdivision. 2093 Commented [JB116]: Council: acceptable? From:markg@gronbergassoc.com To:Jeremy Barnhart Subject:RE: Subdivision Code Date:Tuesday, September 8, 2020 9:16:58 AM My main concern is that an 18% slope is a perfect walkout lot and to call it not buildable does not seem right. From: Jeremy Barnhart <jbarnhart@ci.orono.mn.us> Sent: Tuesday, September 8, 2020 8:13 AM To: markg@gronbergassoc.com Subject: RE: Subdivision Code Mark, Thanks for your comment. We’ve always excluded slopes greater than 18% from the dry buildable calculation, but we only do the calculation at the time of platting, not when the house is proposed/ built. The changes we propose align the subdivision code definition with the existing zoning code definition. I will share your comment with the City Council. -Jeremy From: markg@gronbergassoc.com [mailto:markg@gronbergassoc.com] Sent: Saturday, September 5, 2020 8:25 AM To: Jeremy Barnhart <jbarnhart@ci.orono.mn.us>; Dustin Rief <drief@ci.orono.mn.us> Subject: RE: Subdivision Code Jeremy: My main concern after reading through this is the definition of dry buildable area excluding slopes over 18%. A typical walkout house drops 9 feet in 40 feet which is a 22.5% slope. When we regrade lots in a new subdivision the maximum allowed slope is 3:1 which is 33.3% slope. You could have new houses built on a buildable lot and then after grading a bunch of areas then don’t qualify for dry buildable. I have seen in some cities where slopes over 18% (steep slopes) need to be accounted for in erosion control and seeding but I see a lot of problems in excluding 18% slopes from dry buildable. In all the subdivisions I have worked on in Orono this has never been excluded in the past. From: Jeremy Barnhart <jbarnhart@ci.orono.mn.us> Sent: Tuesday, August 18, 2020 9:43 AM To: Dustin Rief <drief@ci.orono.mn.us> Cc: Jeremy Barnhart <jbarnhart@ci.orono.mn.us> Subject: Subdivision Code Surveyors, The City of Orono is considering changes to its subdivision code. As part of their review, the City Council has requested input from “the users”, those professionals that have done subdivisions in Orono in recent past. The City Council will review the draft at their meeting on September 14th, and would appreciate any comments you are willing to offer by September 9th. You can provide this comments in writing or by calling me at the number below. I recognize that the chapter is a lengthy document, if you prefer to discuss certain expectations of the subdivision code and would prefer to call me, please do. The City appreciates your attention and time. Jeremy Barnhart, AICP Community Development Director City of Orono 952-249-4626 AGENDA ITEM Prepared By: DJR Reviewed By: DJR Approved By: DJR 1. Purpose. To provide an update on the money spent to date and projected spending through November 15, expenditures period. 2. Background. March 18, 2020 the City Adopted Emergency Orders related to the COVID-19 Outbreak. The initial expenses and funding was available through FEMA. Additional funding became available as a part of the CARES Act in which the city has received $610,407. This funding has limitations on how it is spent and must meet those requirements or be returned to the Hennepin County for redistribution to the Hennepin County Medical Center. 3. Expenditures. The City initially spent $4,395.46 on supplies and equipment. These expenses have been requested reimbursement from FEMA. Additional expenses have accumulated to $17,330.47 with the largest expense categories of Public Health Expenses (cleaning and advisory services) and Personal protective equipment. Projected expenses are as follows: a. Cleaning Equipment: $4,300 b. Biohazard masks (PD) $ 31,000 c. COVID Sick/Overtime to cover shifts $30,000 d. Additional PPE: $7,000 e. Front Desk remodel to accommodate social distancing and permanent protective measures for staff (New OSHA Requirements): $55,000 f. Improved Air Handling and Filtration for City Buildings: $6,000 g. Door access points for improved contact tracing: $14,000 h. Orono CARES for Schools Grant Program $300,000 4. Current Expenses. $21,725.93 ($17,330.47 CARES Money) 5. Projected City Expenses. $147,300 6. Orono Cares for Schools Grant Program. $300,000 7. Contingent Funds. $145,776.53 COUNCIL ACTION REQUESTED No Action required Item No.: 17 Date: September 14, 2020 Item Description: COVID-19 CARES Act Expenditure Update Presenter: Dustin Rief, City Administrator Agenda Section: City Administrator Report AGENDA ITEM Prepared By: DJR Reviewed By: DJR Approved By: DJR 1. Purpose: To adopt the Orono CARES for School Grant Program Background: The City of Orono has been issued $610,407 as a part of the CARES Act money issued by the State. This money was calculated by total jurisdiction population. This funding has limitations on how it is spent and must meet those requirements or be returned to the Hennepin County for redistribution to the Hennepin County Medical Center. The school districts also received cares act money, however it varies greatly from district to district based on “Title Student Population” not on total student population. This is leaving local school districts with substantial financial burdens to accommodate for COVID related expenditures that are placed on the local tax payers. The Orono CARES for Schools Grant program has been developed to assist the school districts in some of the COVID related expenditures by granting the Schools the City’s unexpended CARES Act money. The School expenditures must meet the same criteria as city COVID expenditures. In discussing with the two largest School Districts these funds will lessen the burden to the area tax payers. The funds are being distributed based on the percent of Orono Taxable Market Value within each school district. School districts with over 5% of the taxable market value are eligible to receive funding. The Orono School District is eligible receive 64.81% of the available funding and the Westonka School District is eligible for 35.19%. The Grant process will require the adoption of the attached agreement by the Orono School District and the Westonka School Districts. 2. Staff Recommendation: Adopt the Orono CARES for Schools Grant Program and Agreements. Dedicate $300,000 of the CARES Act money to the Program. COUNCIL ACTION REQUESTED Motion to adopt the Orono CARES for Schools Grant Program and Agreements authorizing the City Administrator to distribute funds and administer the program with money dedicated by the City Council. Motion to commit $300,000 of CARES Act Funding to the Orono CARES for Schools Grant Program Exhibit A A. Orono CARES for Schools Grant Program B. Orono CARES for Schools Grant Agreement-Orono C. Orono CARES for Schools Grant Agreement-Westonka Item No.: 18 Date: September 14,2020 Item Description: Orono CARES for Schools Grant Program Presenter: Dustin Rief, City Administrator Agenda Section: City Administrator Report Page 1 of 1 Orono CARES for Schools Grant Program The City of Orono is committed to efforts for partnerships within the community, especially those that have a potential for impact on the broader community. The City of Orono is committed to betterment of the Community and the interest of their residents. In the uncertain times of the COVID-19 Health Emergency the City of Orono has received CARES Act funding from the State. The amount of funding received exceeds the needs of the City during the expenditure timeframe outlined by the State of Minnesota. The City’s availability funding beyond their needs has led to the development of a new grant program. This program is designed to lessen the burden of unfunded expenditures on the School Districts. This policy is establishing the Orono CARES for Schools Grant Program. Eligibility: School districts with a minimum of a 5% share of Orono’s total Taxable Market Value for 2020. Funding: CARES Act money not utilized as a function of the City Operations. The Orono Public School District is eligible to receive up to 64.81% of the dedicated funds. Westonka Public School District is eligible to receive up to 35.19% of the dedicated funds. Process for Application and Receipt of Funding: 1. Each eligible applicant must approve the Orono CARES for Schools Grant Agreement 2. The program will be for reimbursement of eligible expenses submitted a. Eligible expenses must be directly related to the COVID-19 Health Emergency in the categories of Medical Expenses, Public Health Expenses, and Compliance with Public Health Measures. b. Must meet other requirements as laid out in the Orono CARES for Schools Grant agreement. 3. To receive funds the following must be provided a. Submissions include but are not limited to the invoice and check stub. b. Completed Orono CARES for Schools Reimbursement Form. c. Grant Point of Contact Information 4. All submissions must be received by October 23, 2020 for payment. 5. Grant Submission information should be submitted by either email to finance@ci.orono.mn.us or by Mailing to the City of Orono, PO Box 66, Crystal Bay, MN 55323. 6. For questions regarding the grant call 952-249-4611 or 952-249-4601 or email finance@ci.orono.mn.us. 1 Orono CARES for School Grant Program This Grant Agreement (“Agreement”) is made this 14 day of September, 2020, between the City of Orono (“City”) and Orono Public Schools (“District”). RECITALS WHEREAS, the City has received funds from the federal government through The CARES Act’s Coronavirus Relief Fund; WHEREAS, according to guidance from the U.S. Treasury Department the CARES Act permits units of local government to transfer funds to another unit of government; therefore, the City is able to transfer Coronavirus Relief Funds to school districts; WHEREAS, this Orono CARES for School Grant Program (“Grant”) has been created to use the funds available to the City to assist local school districts that have been financially impacted by the COVID-19 pandemic; and WHEREAS, only school districts with a minimum of 5% of the City’s total taxable value will be eligible for funds. ACCORDINGLY, the parties hereto agree as follows: 1. The Grant Amount. Subject to the terms and conditions of this Agreement the City agrees to grant the District up to one hundred and ninety-four thousand, four hundred and sixteen dollars and no/100th Dollars ($194,416.00). The City has a right to add or subtract total funding available for distribution. 2. Disbursement. To receive funds, the District must submit a proof of expenditure, such as a receipt or an invoice, and a brief explanation of how this expenditure meets the criteria of approved Coronavirus Relief Fund spending as described in section four of this Agreement. 3. Term. The City is obligated to expend Coronavirus Relief Funds by November 15, 2020. If funds remain available for the District after October 23, 2020, the City has the right to reallocate to the other participating districts. Any expenditures after this date are considered ineligible for reimbursement by the City. However, an expenditure made before November 15, 2020 may be reimbursed after November 15, 2020 so long as the reimbursement request is submitted as soon as possible. 4. Federal and State Compliance. All reimbursement requests must be in compliance with this section of the Agreement, the CARES Act, federal guidance from the Treasury Department, and state guidance from the Minnesota Management and Budget Agency including the COVID-19 Response Accountability Office. If a request is not in compliance with the above stated the disbursement of funds will be denied. 2 a. The CARES Act provides that payments from the Fund may only be used to cover costs that: i. are necessary expenditures incurred due to the public health emergency with respect to the Coronavirus Disease 2019 (COVID–19); ii. were not accounted for in the budget most recently approved as of March 27, 2020 (the date of enactment of the CARES Act) for the State or government; and iii. were incurred during the period that begins on March 1, 2020, and ends on November 15, 2020. 5. Representations and Warranties. a. The District shall keep and maintain books, records, and other documents relating directly to the receipt and disbursements and that any duly authorized representative of the City shall, with reasonable advance notice, have access to and the right to inspect, copy, audit, and examine all such books, records, and other documents of the District pertaining to the Grant until the completion of all issues arising out of this Grant. b. The District warrants that to the best of its knowledge, it has fully complied with all applicable state and federal laws reasonably relevant to this Agreement and will continue to comply throughout the terms of this Agreement. c. If at any time the District receives notice of noncompliance from any governmental entity, the District agrees to take any necessary action to comply with the state or federal law in question including reimbursing any disbursed funds that were inappropriately spent. 6. Event of Default. a. The following shall be Events of Default under this Agreement: i. failure to submit any reimbursement requests within 60 days after the date of this Agreement or ii. any representation or warranty made by the District herein is false when made. b. Upon an Event of Default the City shall have the right to suspend or terminate its performance under this Agreement. 7. Indemnification. a. The District shall and does hereby agree to indemnify against and to hold the City, and its officers, agents, and employees, harmless of and from any and all liability, loss, or damage that it may incur under or by reason of this Agreement, and of and from any and all claims and demands whatsoever that may be asserted against the City by reason of any alleged obligations or undertakings on its part to perform or discharge any of the terms, covenants, or agreements contained herein. 3 b. This indemnification and hold harmless provision shall survive the execution, delivery, and performance of this Agreement and the payment by City of any portion of the Grant. 8. Miscellaneous. a. Waiver. The performance or observance of any promise or condition set forth in this Agreement may be waived, amended, or modified only by a writing signed by the District and the City. No delay in the exercise of any power, right, or remedy operates as a waiver thereof, nor shall any single or partial exercise of any other power, right, or remedy. b. Governing Law. Minnesota law, without regard to its choice-of-law provisions, governs this Agreement. Venue for all legal proceedings out of this Agreement, or its breach, must be in the appropriate state or federal court with competent jurisdiction in Hennepin County, Minnesota. c. Assignments. The District may neither assign nor transfer any rights or obligations under this Agreement without the prior consent of the City and a fully executed Assignment Agreement, executed and approved by the same parties who executed and approved this Agreement, or their successors in office. d. Severability. If any provision or application of this Agreement is held unlawful or unenforceable in any respect, such illegality or unenforceability shall not affect other provisions or applications that can be given effect, and this Agreement shall be construed as if the unlawful or unenforceable provision or application had never been contained herein or prescribed hereby. e. Notice. All notices required hereunder shall be given by depositing in the U.S. mail, postage prepaid, certified mail, return receipt requested, to the following addresses: To City: To District: f. Entire Agreement. This Agreement constitutes the complete and exclusive statement of all mutual understandings between the parties with respect to this Agreement, superseding all prior or contemporaneous proposals, communications, and understandings, whether oral or written, concerning the Grant. g. Amendments. Any amendment to this Agreement must be in writing and will not be effective until it has been executed and approved by the same parties who executed and approved the original Agreement, or their successors in office. h. Headings. The headings appearing at the beginning of the several sections contained in this Agreement have been inserted for identification and reference purposes only and shall not be used in the construction and interpretation of this Agreement. 4 Dated: , 2020. City of Orono BY: Dennis Walsh, Mayor BY:______________________________________ Anna Carlson, City Clerk Dated: , 2020. District BY: Its 1 Orono CARES for School Grant Program This Grant Agreement (“Agreement”) is made this 14 day of September, 2020, between the City of Orono (“City”) and Westonka Public Schools (“District”). RECITALS WHEREAS, the City has received funds from the federal government through The CARES Act’s Coronavirus Relief Fund; WHEREAS, according to guidance from the U.S. Treasury Department the CARES Act permits units of local government to transfer funds to another unit of government; therefore, the City is able to transfer Coronavirus Relief Funds to school districts; WHEREAS, this Orono CARES for School Grant Program (“Grant”) has been created to use the funds available to the City to assist local school districts that have been financially impacted by the COVID-19 pandemic; and WHEREAS, only school districts with a minimum of 5% of the City’s total taxable value will be eligible for funds. ACCORDINGLY, the parties hereto agree as follows: 1. The Grant Amount. Subject to the terms and conditions of this Agreement the City agrees to grant the District up to one hundred and five thousand, five hundred and eighty-four dollars and no/100th Dollars ($105,584). The City has a right to add or subtract total funding available for distribution. 2. Disbursement. To receive funds, the District must submit a proof of expenditure, such as a receipt or an invoice, and a brief explanation of how this expenditure meets the criteria of approved Coronavirus Relief Fund spending as described in section four of this Agreement. 3. Term. The City is obligated to expend Coronavirus Relief Funds by November 15, 2020. If funds remain available for the District after October 23, 2020, the City has the right to reallocate to the other participating districts. Any expenditures after this date are considered ineligible for reimbursement by the City. However, an expenditure made before November 15, 2020 may be reimbursed after November 15, 2020 so long as the reimbursement request is submitted as soon as possible. 4. Federal and State Compliance. All reimbursement requests must be in compliance with this section of the Agreement, the CARES Act, federal guidance from the Treasury Department, and state guidance from the Minnesota Management and Budget Agency including the COVID-19 Response Accountability Office. If a request is not in compliance with the above stated the disbursement of funds will be denied. 2 a. The CARES Act provides that payments from the Fund may only be used to cover costs that: i. are necessary expenditures incurred due to the public health emergency with respect to the Coronavirus Disease 2019 (COVID–19); ii. were not accounted for in the budget most recently approved as of March 27, 2020 (the date of enactment of the CARES Act) for the State or government; and iii. were incurred during the period that begins on March 1, 2020, and ends on November 15, 2020. 5. Representations and Warranties. a. The District shall keep and maintain books, records, and other documents relating directly to the receipt and disbursements and that any duly authorized representative of the City shall, with reasonable advance notice, have access to and the right to inspect, copy, audit, and examine all such books, records, and other documents of the District pertaining to the Grant until the completion of all issues arising out of this Grant. b. The District warrants that to the best of its knowledge, it has fully complied with all applicable state and federal laws reasonably relevant to this Agreement and will continue to comply throughout the terms of this Agreement. c. If at any time the District receives notice of noncompliance from any governmental entity, the District agrees to take any necessary action to comply with the state or federal law in question including reimbursing any disbursed funds that were inappropriately spent. 6. Event of Default. a. The following shall be Events of Default under this Agreement: i. failure to submit any reimbursement requests within 60 days after the date of this Agreement or ii. any representation or warranty made by the District herein is false when made. b. Upon an Event of Default the City shall have the right to suspend or terminate its performance under this Agreement. 7. Indemnification. a. The District shall and does hereby agree to indemnify against and to hold the City, and its officers, agents, and employees, harmless of and from any and all liability, loss, or damage that it may incur under or by reason of this Agreement, and of and from any and all claims and demands whatsoever that may be asserted against the City by reason of any alleged obligations or undertakings on its part to perform or discharge any of the terms, covenants, or agreements contained herein. 3 b. This indemnification and hold harmless provision shall survive the execution, delivery, and performance of this Agreement and the payment by City of any portion of the Grant. 8. Miscellaneous. a. Waiver. The performance or observance of any promise or condition set forth in this Agreement may be waived, amended, or modified only by a writing signed by the District and the City. No delay in the exercise of any power, right, or remedy operates as a waiver thereof, nor shall any single or partial exercise of any other power, right, or remedy. b. Governing Law. Minnesota law, without regard to its choice-of-law provisions, governs this Agreement. Venue for all legal proceedings out of this Agreement, or its breach, must be in the appropriate state or federal court with competent jurisdiction in Hennepin County, Minnesota. c. Assignments. The District may neither assign nor transfer any rights or obligations under this Agreement without the prior consent of the City and a fully executed Assignment Agreement, executed and approved by the same parties who executed and approved this Agreement, or their successors in office. d. Severability. If any provision or application of this Agreement is held unlawful or unenforceable in any respect, such illegality or unenforceability shall not affect other provisions or applications that can be given effect, and this Agreement shall be construed as if the unlawful or unenforceable provision or application had never been contained herein or prescribed hereby. e. Notice. All notices required hereunder shall be given by depositing in the U.S. mail, postage prepaid, certified mail, return receipt requested, to the following addresses: To City: To District: f. Entire Agreement. This Agreement constitutes the complete and exclusive statement of all mutual understandings between the parties with respect to this Agreement, superseding all prior or contemporaneous proposals, communications, and understandings, whether oral or written, concerning the Grant. g. Amendments. Any amendment to this Agreement must be in writing and will not be effective until it has been executed and approved by the same parties who executed and approved the original Agreement, or their successors in office. h. Headings. The headings appearing at the beginning of the several sections contained in this Agreement have been inserted for identification and reference purposes only and shall not be used in the construction and interpretation of this Agreement. 4 Dated: , 2020. City of Orono BY: Dennis Walsh, Mayor BY:______________________________________ Anna Carlson, City Clerk Dated: , 2020. District BY: Its AGENDA ITEM Prepared By: DJR Reviewed By: DJR Approved By: DJR 1. Purpose: To authorize purchase of Rescue Extrication equipment by Long Lake Fire Department Background: The City of Long Lake has applied some of Chief Van Eyll’s wages towards CARES Act Funding. This transition provides additional funds within the budget that would typically be returned to the partner cities. Long Lake fire is proposing to utilize some of these additional funds to improve/replace equipment within the fire department. This request is a change to budget allocations as adopted by the City and is also considered a capital purchase. The details of the equipment purchase request are provided in Exhibit A. 2. Staff Recommendation: Approve the capital expenditure purchase for rescue extrication equipment in the amount of $23,750. COUNCIL ACTION REQUESTED Motion to approve the capital expenditure purchase for rescue extrication equipment in the amount of $23,750. Exhibit A A. Long Lake Fire Extrication Tool Request Memo. Item No.: 19 Date: September 14, 2020 Item Description: Replacement of Rescue Extrication Equipment Presenter: Dustin Rief, City Administrator Agenda Section: City Administrator Report Serving the Communities of Long Lake, Medina, Minnetonka Beach and Orono with Pride and Professionalism since 1915 Long Lake Fire Department 340 North Willow Drive Long Lake, MN 55356 Longlakefire.org The Long Lake Fire Department would like to replace our older extrication tools on R-12 (heavy rescue). We should have a surplus of funds at the end of the year due to the CARES Act covering some of my salary among other items. The older extrication tools currently don’t meet NFPA 1936-2020 standard for extrication tools. This standard has been updated to ensure all extrication tool manufactures are on the same level playing field when testing and meeting standards in recent years. A few of the key areas where the current Hurst Centaur extrication tools are failing are: 1. Tool set purchased in 2003, 17 years old 2. Low pressure of 9,140 PSI; this is considerably lower than the current industry high pressure standard of 10,400 PSI. 3. Single-walled hoses leading to potential of serious injury if the hoses under pressure are cut or severed. All current hoses on the market are built with a minimum of double- walled construction; if the outside layer gets cut or severed, the pump shuts down automatically. 4. Current Hurst cutter is not able to cut Boron metals, which a large variety of cars use in the roof structures, including A, B and C pillars. Most older cutters have issues with cutting Titanium and Iridium metals, which are also used in vehicle structures. 5. Restricted to 75’ of hose connected to the hose reel on the truck. 6. Current pump on the truck only allows for 1 tool to work at a time to provide maximum working pressure. You can run multiple tools, but the working pressure drops, and tools become slow or ineffective. 7. Our current cutter is rated at A6/B7/C7/D6/E7 and the new Genesis cutter is rated at A8/B9/C8/D9/E9. The higher the numbers the more pressure the tool can produce which results in faster cutting times. Our recommendation is to purchase the following replacement Genesis extrication tools, which are the same extrication equipment on Engine 22: GENESIS S53 SPREADER EFORCE 2.0 COMES WITH BATTERY, SPARE BATTERY $11,550.00 GENESIS C236 NXTGEN CUTTER EFORCE 2.0 WITH BATTERY, SPARE BATTERY $11,750.00 MILWAUKEE TOOL 48-59-0280 M28 VOLT 3 BAY CHARGER $275.00 Serving the Communities of Long Lake, Medina, Minnetonka Beach and Orono with Pride and Professionalism since 1915 Long Lake Fire Department 340 North Willow Drive Long Lake, MN 55356 Longlakefire.org The Genesis C236 cutter is Boron-rated and is one of the highest rated tools on the market today. Having battery powered tools will give us flexibility to use multiple tools simultaneously and in different rescue-type situations that having a hose hooked to the truck prevented us from performing the tasks in the past. Examples include: freeing a leg from a patient that, in the middle of the night, slipped between the toilet and vanity; a patient that was working on his boat and got stuck in his engine compartment area and needed help getting free; having a car in a ditch further down than you can position the truck; and the need for a quick, forceable entry to a building.