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05-10-2021 Council Packet
Agenda Council Meeting Monday, May 10, 2021 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 April 26, 2021 2. Council Work Session Minutes of April 26, 2021 3. Claims/Bills 4. Approval of Rental Licenses 5. CSAH 15/19 Intersection Cooperative Agreement 6. Appointment of 2021 Seasonal Employees 7. Approval to Accept Donations 8. Verizon Tower Agreement 9. LA21-000023 – Mark Prueter, 3215 Crystal Bay Road, Variances – Resolution 10. LA20-000047 – Text Amendment Related to Boat Storage 11. LA21-000027 – Text Amendment Related to Plumbing in Accessory Buildings 12. Navarre Parking Lot – Authorization for Planning 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. Fire Department Report 13. Fire Department Utility Vehicle Request Finance Director Report Planning Department Report 14. LA21-000017 – Joseph & Sara Thull, 480 Big Island, Permit for Dock on City ROW (Bay Place) – Update 15. LA21-000024 – Lorraine Goodwald, 706 North Arm Drive, Variances 16. LA21-000026 – JALIN Design, LLC o/b/o Tim Holland, 1395 Orono Lane, Variances – Resolution 17. LA21-000025 – Eric Vogstrom o/b/o Eric Vogstrom, William, and Susan Dunkley 2709 Walters Port and 2710 Pence Lane, Sketch Plan review Community Development Director Report Agenda Council Meeting Monday, May 10, 2021 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 City Attorney Report City Administrator/City Engineer Report Mayor/Council Report Adjournment Upcoming Events 2021 05-17-21 Planning Commission Meeting, Monday, 6:00 p.m. (Aaron Printup) 05-24-21 Council Work Session, Monday, 5:00 p.m. 05-24-21 City Council Meeting, Monday, 6:00 p.m. 05-31-21 Official Holiday, City Offices Closed 06-07-21 Park Commission Work Session, Monday, 6:00 p.m. 06-14-21 Council Work Session, Monday, 5:00 p.m. 06-14-21 City Council Meeting, Monday, 6:00 p.m. 06-21-21 Planning Commission Meeting, Monday, 6:00 p.m. (Vitoria Seals) 06-28-21 Council Work Session, Monday, 5:00 p.m. 06-28-21 City Council Meeting, Monday, 6:00 p.m. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, April 26, 2020 6:00 o’clock p.m. _____________________________________________________________________________________ Page 1 of 10 ROLL CALL The Orono City Council met on the above-mentioned date with the following members present: Mayor Dennis Walsh, Council Members Matt Johnson Richard Crosby, III, and Victoria Seals. Council Member Aaron Printup was absent. Representing Staff were City Attorney Soren Mattick, City Administrator/City Engineer Adam Edwards, Finance Director Ron Olson, and Community Development Director Jeremy Barnhart. Mayor Walsh called the meeting to order at 6:00 p.m., followed by the Pledge of Allegiance. APPROVAL OF AGENDA CONSENT AGENDA 1. COUNCIL MEETING MINUTES OF APRIL 12, 2021 2. COUNCIL WORK SESSION MINUTES OF APRIL 12, 2021 3. CLAIMS/BILLS 4. APPROVAL OF RENTAL LICENSE 5. APPOINT SEASONAL EMPLOYEES 6. APPROVAL OF WALTERS PORT WATER MAIN REPLACEMENT PROJECT – CHANGE ORDER 1 PROJECT #21-022 7. BIG ISLAND PARK ADA TRAIL PROJECT (19-033) – INTERPRETIVE SIGNAGE 8. APPROVE RESOLUTION NO. 7190, A RESOLUTION OF SUPPORT – BROADBAND FUNDING 9. ACCEPT DONATION OF $1000 FROM NORWEST AREA JAYCEES 10. LA21-000016 – SCHIMMEL CONSTRUCTION O/B/O DAVID & KATHRYN WIEMER, 1405 WEST POINT ROAD, VARIANCES – RESOLUTION NO. 7189 Crosby moved, Seals seconded, to approve the Consent Agenda as submitted. VOTE: Ayes 4, Nays 0. PUBLIC COMMENTS Jim Hillegass, 2465 French Lake Road, has lived in the area for about 40 years and moved into a house on a long peninsula with a private road with four other houses in May 2016. He had a septic system upgrade to perform on behalf of the previous owner and it became rather involved. Mr. Hillegass now has about 700 hours into the project, it is completed, there was not a visible problem in the beginning and he asked his neighbor, Ann Schull, to attest to that fact and she should have written the Council an email which he MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, April 26, 2020 6:00 o’clock p.m. _____________________________________________________________________________________ Page 2 of 10 PUBLIC COMMENTS – Continued hopes they have read. The septic system was installed in December 2020 and the City has approved it, but the City Attorney Steve Tallen continues to prosecute. Mr. Hillegass is here to ask the City to drop the prosecution or to ask Mr. Tallen to drop the prosecution. He said it is senseless at this point – there was no problem to begin with, there is no problem now. The work was done slowly and Mr. Hillegass counted 18 people involved in this, not counting Councilmembers, Mayor, or City Staff other than the primary ones. In the middle of the project, Mr. Hillegass’ wife died and it slowed him down. He is just asking that the Council consider dropping his now as he is sure they have far more important things to do. PRESENTATION 11. ANN BREMER AWARD - WESTONKA SCHOOL SUPERINTENDENT KEVIN BORG Superintendent Kevin Borg said he is here to bring an award and appreciation from the Westonka School District. When they started the school year it was the greatest effort to operate safely but also have kids in school; they moved forward with a lot of hard work and expense to be sure they had the right things in place. Mr. Borg said they moved forward before they knew how they would pay for all those things, with the understanding that it was really important to the community that kids were in school and to be safe. They were so pleasantly pleased to see how the City of Orono was directing their CARES Act federal dollars to the community, which was the intention, and that they partnered with the Orono and Westonka school districts with those funds. Mr. Borg shared how much they appreciate the benevolence of thought as to how those funds could be directed to families and students. He also wants to share what the funding did. They were able to operate school, keep kids in school, make the online systems more robust, and keep students and staff safe. He noted the Council directed $105,000 out of the CARES Act to the Westonka School District and he presented the Council with the Ann Bremer White Hawk Award. The award is the largest award he could give and it is about community partnership and investing in the Westonka District. Mr. Borg stated annually they give this award to people that meet the criteria and a committee of the Board selects the recipients. The award is named after Ann Bremer, who was a Board member from 2004 – 2017 until her passing. He gives this award with appreciation and thanked the Mayor and Councilmembers and said the District really appreciates their leadership. Mayor Walsh shared the pillars of society are the children, schools, families and it was very important that the Council direct those funds. They did it evenly before the school districts because they are both very important. Mr. Borg shared with what happened in Plymouth, MN, every single school resource officer they have had serves with great, great relationships and expertise. When people feel vulnerable that is what they want to give them guidance and he noted there is a culture in the Police Department and they are all excellent. He thanked the Council for that, as well. Crosby appreciates those comments and they appreciate what the school districts are doing for the children. It has been a tough year for everyone, especially kids and the elderly, so getting kids back in school is so incredibly important. He thanked Mr. Borg for that hard work. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, April 26, 2020 6:00 o’clock p.m. _____________________________________________________________________________________ Page 3 of 10 12. PARKS COMMISSION CHAIRMAN’S UPDATE Chair Brian Roath gave an update regarding the Parks Commission. He thanked the Council for their continued support for the Commission in their advisory role. There are seven people on the Commission right now with varying interests, expertise, and experiences and they are working well together. He noted they do not have alternates so if there is interest from anyone, they would like to get that in the pipeline. Chair Roath noted Lurton Park, Navarre Park, and Saga Hill have been completed in recent years and the Commission has a full plate of things they are working on and planning for in the next five years, and have identified some major projects beyond five years. They are finishing up the soccer fields at Bederwood Park and Councilmember Seals is planning a great event on May 22, 2021. Orono is partnering with the Orono Westonka Soccer Club to have a grand opening on that day. Chair Roath shared the Commission has spent a lot of time and effort on Big Island and is finally coming to fruition and that ribbon cutting is planned for August 7, 2021. They are also starting the process of a connector trail between the Dakota Trail and Navarre and have recently finished final touches on the East Long Lake Trail. Mayor Walsh noted these are not small projects but are pretty major; it has been amazing. Chair Roath said five years out are some other major projects. Crystal Bay Park is in the pre-planning process and Commissioners are assigned and starting to identify key stakeholders to work on developing a plan for feedback and input. This park is the “storefront” of the City when considering how many people go down the Dakota Trail every year and the Commission thinks it has great opportunity to develop something that connects the trail and serves the neighborhood as well as Orono residents. Hackberry is the biggest project in the next 10 years and will be redeveloped, including tearing down the house and moving a lot of soil. The Commission may contact the Baseball Association as they use that park and as their needs grow it may be a good location for the City to support the growth of those activities. Trails in general are important to the Commission, building trails, connecting trails, and so forth. Chair Roath said the Commission is approaching the golf course in two ways, they see the golf course as a business in the summer and as a park in winter. There are people involved in both of those groups and the timelines are different, but either way it is something on the radar for the next five years. Lakeview Legacy Trail is the first priority on the list and he understands the Council had a workshop earlier talking about road improvement priorities. The development of that trail probably makes sense to dovetail in with the resurfacing of that road. Mayor Walsh stated the road probably would not be done until at least 2024. Chair Roath noted that gives the Commission time to plan and have more discussion on it. Summit Park has been talked about a lot in the last year and regardless of what happens with the Rowing Club (as their plans would not interfere) it would be a great opportunity to put a new play area and they have been engaging with a vendor and getting ideas. Chair Roath noted the Commission is attuned to the funding and availability for all of the projects; Big Island has drawn down a lot of the Park funds and Hackberry Park in 5+ years is another one where they need to start building reserves if they want to move forward on it. He stated there are a lot of small and medium projects in between. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, April 26, 2020 6:00 o’clock p.m. _____________________________________________________________________________________ Page 4 of 10 12. PARKS COMMISSION CHAIRMAN’S UPDATE – Continued Mayor Walsh said the good news is many times there are partnerships such as Hackberry Park with the Baseball Association, grants, and park dedication fees. They also recognize with the vision to keep that going there must be a fund established in the budget. They are currently at $50,000 and are committed to getting to $100,000-$150,000 this year so there are known, committed dollars to keep things up and running and to plan for things in front of them. Chair Roath thanked the Council for their support and said after a long time of not doing a lot with parks, the last 10 years have been full of good activity and he hopes they can keep that going. He continued on with the golf course and as he said earlier, the Commission sees the golf course as having a lot of opportunity for winter activities. There is a long tradition of sledding at the golf course and there is a lot of activity there. In the summer, it is a business to be run so the approach has to be a lot different. Chair Roath is putting his business consultant hat on for this and said whether park or business, the goal is to maximize the value to the residents of Orono. The benefits come in terms of return-on-investment and in order for the golf course to make money, they need to put some money into it. He noted there will be some money asks of the Council and he asked them to think about it in a different way rather than just capital improvement plan (CIP) money that would go into a different park. The vision statement for the golf course in winter is Orono Golf Course is a park perfect for adventure sledding and other winter activities. Orono sponsors the expansion of winter activities but it is partially supported from revenues from possible sources such as parking permits, trail permits, annual memberships, food and drink sales, voluntary donations, etcetera. Chair Roath does not know what of those they will call on, but primarily this is a park so there is not a revenue return-on-investment associated with it. They want to start with sledding and build to offer a winter wonderland of activities; ideas include developing groomed trails for Nordic skiing and snowshoeing, fat tire biking, having the clubhouse open more regularly (especially on weekends), installing a year-round gas fire pit, the clubhouse hosting birthday parties and sledding parties, setting up lights near the sledding hill, selling s’mores, hot chocolate, snacks, hand warmers, and beer in the clubhouse. He noted none of those have been decided. Moving forward, the Commission will come to the Council with requests through the CIP process. He asked if there is feedback on the winter side. Crosby knows there are some water holes at the golf course, so what about a skating rink. Chair Roath said they will certainly add that and there was some discussion about building a pond and noted that would be great. Johnson said using all parks year-round is really important. Chair Roath said switching over to the golf/business side, the Commission sees the stars aligning and this is the perfect time to make some changes. Joey Brettingan, the new golf course superintendent, brings a lot of experience and new ideas and has been working with the Commission and neighbors on this. The time is right to do something because they have a supportive Council and a supportive neighborhood that understands and wants to do something there. He stated the prevailing attitude is that it is okay for the City to make some money at the golf course, and they should not feel ashamed if it is making some MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, April 26, 2020 6:00 o’clock p.m. _____________________________________________________________________________________ Page 5 of 10 12. PARKS COMMISSION CHAIRMAN’S UPDATE – Continued money and they are reinvesting it back into the parks in the City. In the past, Chair Roath thinks there were some missed opportunities; last year proved the golf course can be successful as the rounds at least doubled (estimated around 16,000) and had almost double revenue. Expenses pretty much stayed the same in that doubling of the revenue. He demonstrated a swing of $163,000 in one year at the golf course which is pretty incredible and proves that people like the course and enjoy coming out. The pandemic was the reason many people went to the course and now is the time to think about how to get people there post-pandemic. Chair Roath said the 100-year anniversary is in three years and the approach is to stage some of the things to finish in 2023 and culminates in a celebration in 2024. The group wrote three vision statements for the summer business which helps guide what they do and the first is: Orono Golf Course is an accessible golf course. Its reasonable, competitive fees are commensurate with style and quality of the 9-hole course. A focus for the Orono Golf Course is to build a sustainable business that continues to be popular with locals, adult leagues, and other regulars. Chair Roath noted accessibility means they are not trying to be a premium, elite golf course. They also want to take a business approach to this and continue targeting the same customers that have been visiting the golf course for years. A reason this is a good time to move forward is because there is a changing competitive landscape in golf courses – they are going away – and at the same time people have changing preferences for how much time they spend on the golf course and this feeds in well to a 9-hole course. Over the last couple years, Jason Goering has made great improvements to the course, removing trees, irrigation work, improving the turf, and equipment investments. Now they think they need to invest in the business side. Seals noted there was a pretty significant drop in rounds shown on screen over a few years. Mayor Walsh said there were years they could not open the course until May because of rain and sometimes they had rain the entire month of June. He noted if they lose a month, it is hard to make that up. Edwards said the biggest correlation in the number of rounds tends to be how good of an April they have. There have been past years where the course opened in March and those are fantastic years. It also depends on when the rainy weather is as last year it was the perfect storm of COVID and it rained in the middle of the week and weekend weather was great. They got great numbers on weekend play. Chair Roath continued saying the second statement is: The Orono Golf Course is a nine-hole course with facilities to host casual corporate events, fundraisers, and other large centrally organized groups. This is currently a missed opportunity as there are some current limitations that must be addressed to capture more of this type of business. These limitations include the inside space as the clubhouse is small, limited parking, and they do not have staff capable of selling group events and managing them. Chair Roath shared the third statement: Orono Golf Course offers a great pairing of fun golf, and easy “apre-golf.” Or skip the golf and socialize with friends overlooking the beautiful landscape. The theme here is food and beverage; they need to offer something that will keep people there before, during, and after they golf. He noted food and beverage sales are extremely small compared to the golf sales; he thinks the demand would be there if they had the offerings but in the past the sales have not been there. It is a question of whether they are offering enough, the right food and beverages that people want, and the staff capable of MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, April 26, 2020 6:00 o’clock p.m. _____________________________________________________________________________________ Page 6 of 10 12. PARKS COMMISSION CHAIRMAN’S UPDATE – Continued serving drinks and so forth. Chair Roath shared the ideas from the group, including establishing a marketing program to help sell people in coming to the course. They would like to expand capabilities to offer additional food and beverage items, food trucks, and adding music on the deck. Crosby asked what food the golf course is offering now. Chair Roath replied a lot of chips, candy bars, canned beer, and hot dogs. He noted they are limited to pre-packaged right now and there are some questions about what they are licensed to do and what they want to be licensed to do in the future. He said now they need to establish some group packages and pricing, rebrand the course, put together a new website, and understand what they want people to think about when they think about the golf course. Renaming is not out of the question. Crosby noted on the new website they could make everything efficient, including payment, tee times, etcetera. Chair Roath replied there is some new technology they can integrate in to the new website. Seals asked what the original name of the golf course was. Chair Roath noted it was Orono Orchard Golf Course. He stated nothing is decided but he wants to get the Council excited about some of the things they are thinking about. They also think about building a small, 10x20 shelter with a metal roof for people to gather during a storm as there is limited clubhouse space, and expanding the lower parking area. This would all culminate in the 100th anniversary. Crosby likes the idea of rebranding from a dingy, public golf course to a small executive track that is attractive to the community. Seals asked if this is the time to shore up hole 7 which is the handshake agreement sitting on someone’s property. Could they acquire some more land back there? Edwards noted the owner was not interested in that. Seals noted some golf families she knows all go to Pioneer Creek or Baker Park because of the driving range. She loves the idea, the food truck concept, and thinks it is a great idea. Chair Roath stated obviously, many of these things will take money and most will go through the CIP process, operational budgeting, and there are some things that should be done operationally now. The suggestion or ask is to add money to the operational budget for 2021. The first is investing $10,000 in food capabilities including an ice machine, popcorn machine, and capability to sell keg beer; these are a one-time investment that will pay off in the next two years. He said second is $5,000 for deck seating, including a third deck table and chairs and some foliage, and third is a marketing budget (ongoing investment) to pay a consultant to help rebrand, build the website, and reach people through social media. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, April 26, 2020 6:00 o’clock p.m. _____________________________________________________________________________________ Page 7 of 10 12. PARKS COMMISSION CHAIRMAN’S UPDATE – Continued Fourth is increased clubhouse staff hours; right now, the staffing model is one person in the clubhouse with a second person only occasionally. The group feels they should have the capability to have two people there Wednesday – Saturday evenings, to sell food, help with the pace of play, and the first tee. Frankly speaking, many people bring their own liquor, and many people just walk on the course without checking in or paying and there is an enforcement issue that a second person can help with. Finally, is $2,000 for music entertainment. Seals noted they were in the black for the last year $150,000+ and she looks at it like they are just using some of the overage. Mayor Walsh does not have a problem doing any of that stuff and they should see how it works. He noted Ron Olson come back with what has already been established as the budget, and any rollover dollars from last year from roads and bonds that were paid off were put into the building fund. He would like to see what they already have in and what they need to put in to get the funds there. Chair Roath agreed and hopes it will be positive next year. Crosby said if they get more of the kids from the schools coming there for golf events and starting at a young age. Edwards noted they have partnerships with schools and some golf programs come to the course in the afternoons during the season. Chair Roath noted the first CIP item would be the year-round fire-pit and they hope to have the clubhouse open next winter with more parties and activities scheduled. Mayor Walsh hopes some of the yearly items can fit in the budget ($100,000-$150,000) rather than having to come and ask to increase the budget for things. Chair Roath stated 2020 proved that the golf course can be a profitable business and going forward they need to continue to expand capabilities and offerings and reach more customers. He said they also need to be sure they do this smartly and make the right decisions. Gordy Stofer, 190 Orono Orchard Road S, echoed that from his view as a passionate golfer, by all accounts last year was a tremendous year for the sport. People have come back to it or are trying it for the first time and they are excited to be out there. He sees people all day long playing the course and having a great time. He said in looking at Brookview, Braemar, and Chaska, which seem to be nicely thriving businesses for those communities, Orono could be some version of that. His biggest fear as living across the street is that it will continue to bleed red ink and something bad might happen down the road; the best case is it would be a profit center every year. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, April 26, 2020 6:00 o’clock p.m. _____________________________________________________________________________________ Page 8 of 10 12. PARKS COMMISSION CHAIRMAN’S UPDATE – Continued Alan Greene, 1397 Orono Lane, noted a lot of excitement and among the other neighbors they have talked to, there are many younger people moving in that are excited about the golf course. He also thinks there is a tremendous opportunity with the food and beverage; it could be a little social hub. Seals is glad these neighbors are excited about improving the golf course and said for a long time, people wanted it to stay as-is. Her concern is also, if it continues to bleed and no one uses it, it will be the next Lakeview. Crosby agreed there is a huge opportunity for the food and beverage and he likes the idea of the fire pit, and eventually the shelter to get out of the sun. Johnson’s takeaway is the tremendous amount of effort going into the volunteer Parks Commission, the passion they have, and he thanked the group for volunteering. He agrees that there is an opportunity to make the golf course more community-oriented and target something attainable. Seals agreed the Parks Commission should be really proud of the work they have done. When she was in Mound the past week, someone asked about Bederwood as they heard there was an amazing new soccer field. FINANCE DIRECTOR REPORT 13. FIRST QUARTER FINANCIAL REPORT Olson noted this report is his least favorite because expenditures are so low, revenues are always low, and that is just because of winter. There is not a lot of projecting to do other than to say they are at 16.48% of budget on revenues, which is pretty much where they were the previous year at this time and they ended up at 101% of revenues. He noted there is a lot of year left and based on historical averages they should hit about 100%. They will know much more in about six weeks when they receive the first bit of tax settlement. Permits are at 25% which is a very good sign at this time of year. Olson noted the first three months of the year are by far the lowest amount for expenditures, and they are at 21.89% for the year which is probably right where they would expect in any year. The only department that looks like it may be over budget is Mayor/Council at 45% and that will be at budget at the end of the year and is probably the memberships. He showed the top five vendors on screen, as well as the new investments during the quarter. 14. FINANCIAL DIRECTOR UPDATE Olson shared they have been working on making the City more efficient, especially now that they went to monthly utility billing. So far through March they have received over 2,100 checks; they come in, get put into the register, applied to the account, make a deposit and take them to the bank. He said they just ordered a scanner which will be connected to PSN (credit card processor) and will connect right to the utility account. He also noted they upgraded to a “real-time”, or at least within an hour, processing for payments. Olson stated they worked with the credit card company, for example the point-of-sale system MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, April 26, 2020 6:00 o’clock p.m. _____________________________________________________________________________________ Page 9 of 10 14. FINANCIAL DIRECTOR UPDATE – Continued for the sewer inspections, people were calling to pay by credit card and they try not to take credit cards over the phone as there are many regulations and security measures. Now people will be able to log on to the website and pay for things rather than calling the City or sending in a check. PLANNING DIRECTOR REPORT Barnhart shared that the Comprehensive Plan amendment for 135 Orono Orchard Road subdivision by Gordon James was approved by Met Council. Four of the five Comp Plan amendments that have gone through the Met Council process have been approved; the only one still out there is Orono Crossing which will not likely be ready until June. Johnson asked if they are any closer on the sewer issue on Gordon James. Barnhart reported that was sewer issue and they have a resolution for it. Johnson asked if it is with Long Lake. Mayor Walsh replied Long Lake is not going to do anything. He spoke with Gordon James about it and they decided to go a completely different avenue with some kind of force main out to the sewer and bypassed Long Lake. Barnhart said regarding the Big Island dock issue, the goal was to bring back a formal update at this meeting but the property owners and neighbors are still working together to come up with a solution. Hopefully there will be an updated at the first meeting in May. Mayor Walsh spoke to the neighbor right next to where the dock would go and he is willing to pick them up and bring them out to the island (if someone else wants to go with him) to see what it looks like. The owner was worried about having four different slips. Mayor Walsh told him he was thinking it would be one dock with 2 boats on each side. Crosby agreed to go to the island with Walsh. Barnhart stated the Councilmembers may get calls from residents near 1565 Orchard Beach Place, which is a new home being built, and the Council gave variances over two years ago. They are struggling with the height of the building and are working with the property owner to address the issue. He reported the City has been with MN Spect for about six weeks now and will have a staff meeting to go over things and see how things are going. At that time, they can look at any improvements on either side to keep things smooth. Overall, the six weeks has been pretty good and he has been satisfied with the responsiveness. Johnson asked if the City dock was damaged out at Big Island. Edwards replied it swung before it was installed but he has not been out to look at it yet. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, April 26, 2020 6:00 o’clock p.m. _____________________________________________________________________________________ Page 10 of 10 CITY ATTORNEY REPORT Attorney Mattick had nothing to report. CITY ADMINISTRATOR/ENGINEER REPORT Edwards updated the Council saying the Walters Port water main replacement project is underway. There are a number of bacteria tests to do this week and real construction replacement starts the following week. Regarding the Tonka force main project, the contractor will begin laying out a bypass system to carry the waste while they are doing the work, as well as digging the pits and the pipe bursting project of the existing pipe will be the following week. Edwards said the 2021 streets project contractor is due to come begin the mill and overlay portions for the project in the Navarre batch of roads this year. Regarding the Dakota Trail connection, Three Rivers Park District has a lead on that and there is a pre-construction conference this week to see if they can get a timeline. It was awarded by Three Rivers for construction this summer. Edwards said the Diamond Lake Regional Trail Master Plan met a lot of resistance in the City of Medina, so in layman’s terms the plan is to now go around Medina. In Orono, the tentative layout now has them using the existing trail as part of the 112 project; coming out of Wayzata to the Luce Line to Long Lake, Orono, and the 112 trail to the Independence trail. He reported the Spring Clean-up had over 300 visitors, 50+ tires, 40 cubic yards of electronic waste, and the Salvation Army filled a truck and a half with donations. The bike donation group collected 129 bicycles and the Police Department ran their drug takeback program and collected 160 pounds of expired prescription drugs. It was a very successful event despite the weather. ADJOURNMENT 15. THE MEETING WILL BE CLOSED AS PERMITTED BY THE ATTORNEY-CLIENT PRIVILEGE (SECTION 13D.05, SUBDIVISION 3(B)) TO DISCUSS THE TWO LAWSUITS. 1) BURWELL VS. CITY OF ORONO AND 2) NYGARD VS. CITY OF ORONO Walsh moved, Seals seconded, to adjourn the meeting at 7:32 p.m. VOTE: Ayes 4, Nays 0. ATTEST: _____________________________________ _______________________________________ Anna Carlson, City Clerk Dennis Walsh, Mayor Orono City Council Work Session Minutes Monday, April 26, 2021 Council Chambers 5:00 p.m. Page 1 of 2 PRESENT: Mayor Dennis Walsh, Council Members Richard F. Crosby II, Victoria Seals, and Matt Johnson. Staff members present were City Administrator/Engineer/Public Works Director Adam Edwards, Finance Director Ron Olson, and City Clerk Anna Carlson. 1. 2022 Street Maintenance Project Mayor Dennis Walsh started discussion of this item. He mentioned that his priority list was included in the packet. His main goal with roads is to try to get as many done as possible for 2022 because the goal is to get Fox Street done in 2023, which will take up the majority of the budget. Walsh asked the Council if they had any changes, additions or input on the list. The Council members present agreed with the list presented in the packet. Staff was directed staff to go ahead and move forward. City Administrator/Engineer Adam Edwards noted that staff will seek estimates from Bolton and Menk and will bring it forward at a future Council meeting. Edwards added that there are a few smaller streets noted in the packet that will need to be maintained in the near future as well. Walsh added that the City will also get a lot of those smaller road projects taken care of along the way as well. 2. Council Delegation of Administrative Responsibility Changes Walsh started discussion mentioning that the Council is responsible to the citizens regarding input given to the media. The Council would like media inquiries directed to Council regardless if it is a no comment statement or otherwise. He added the few sensitive projects that are coming up regarding Fire, Public Works Facility, and a few other conversations can be directed to the Mayor and Council for input as well. Walsh noted the Council wants to avoid staff running into any issues related to information and that the Council would rather handle the inquiries. Edwards asked the Council if they would like staff to handle all types of media inquiries in this manner or mainly specific types. He noted that it is protocol to give the facts, any other inquiry not related to the facts will be relayed to the Mayor or City Council. Walsh stated the Council would be comfortable with the staff using best judgment about what the questions are but he would rather the Council be the complete filter for the majority of media inquiries when possible. Orono City Council Work Session Minutes Monday, April 26, 2021 Council Chambers 5:00 p.m. Page 2 of 2 Adjourned: 5:40 p.m. CITY OF ORONO: ATTEST: ________________________________ Dennis Walsh, Mayor _________________________________ Anna Carlson, City Clerk AGENDA ITEM Prepared By: MLU Reviewed By: RJO Approved By: 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 116337 to 116438, totaling $684,289.90. 3. Noteworthy Payments. Vendor Amount Description of Payment #116378 City of Long Lake $212,548.60 Fire department’s purchase of SCBA (self-contained breathing apparatus) air packs and masks. #116382 Civic Systems LLC $2,500.00 Payment to upgrade utility payments to real time posting. #116397 Lano Equipment $44,992.14 Purchase of tracked Bobcat to replace current skid wheel loader Bobcat. 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: May 10, 2021 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: 4/27/2021 - 5/10/2021 May 06, 2021 01:17PM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount Johnson, Benjamin & Nancy 04/27/2021 113287 012220 101-22205 Escrow Refund 2013-00255 525 McCulley Rd 2,500.00- Total 113287:2,500.00- MN DNR LICENSE CENTER 04/30/2021 115908 3926FV 101-45200-441 BOAT REGISTRATION Parks 61.60- Total 115908:61.60- THOMAS BREN HOMES 04/28/2021 116261 041521 101-22205 ESCROW REFUND RPS18-000074 475 OXFORD 1,000.00- Total 116261:1,000.00- DODGE OF BURNSVILLE 04/27/2021 116281 6079230/1 101-42110-550 SPOT LIGHT FOR NEW SQUAD Police Department 666.99- Total 116281:666.99- MUNSON LAKES NUTRITION 04/27/2021 116309 0576945 101-43000-226 PPE REPLACEMENT APPAREL Public Works Department 84.08- MUNSON LAKES NUTRITION 04/27/2021 116309 0576945CP 101-43000-226 PPE JACKET - C. SCHUMANN Public Works Department 84.08- Total 116309:168.16- OPTUM 04/27/2021 116316 9413617 101-41900-319 HSA MAINTENANCE FEE 1ST QTR 2021 Central Services 212.50- Total 116316:212.50- DELTA DENTAL 04/27/2021 116337 RIS0003433 101-21709 4842130001 MAY 2021 DENTAL 2,810.79 DELTA DENTAL 04/27/2021 116337 RIS0003433 101-15998 4842130001 MAY 2021 DENTAL COBRA 68.74 Total 116337:2,879.53 HEALTH PARTNERS 04/27/2021 116338 104252319 101-42110-135 HEALTH INS 5/2021 - POLICE CONT Police Department 717.47 HEALTH PARTNERS 04/27/2021 116338 104252319 101-15998 COBRA HEALTH INS 5/2021 2,942.24 HEALTH PARTNERS 04/27/2021 116338 104252319 101-21706 HEALTH INSURANCE 5/2021 54,085.02 Total 116338:57,744.73 ICMA RETIREMENT TRUST 45 04/27/2021 116339 04222021 101-21705 457 - 04/22/2021 1,691.00 Total 116339:1,691.00 City of Orono Check Register - COUNCIL REPORT Page: 2 Check Issue Dates: 4/27/2021 - 5/10/2021 May 06, 2021 01:17PM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount International Union Local #49 04/27/2021 116340 04072021 101-21707 LOCAL 49 DUES - 4/2021 280.00 Total 116340:280.00 Johnson, Benjamin & Nancy 04/27/2021 116341 012220 101-22205 Escrow Refund 2013-00255 525 McCulley Rd 2,500.00 Total 116341:2,500.00 LAW ENFORCEMENT LABOR S 04/27/2021 116342 04222021 101-21707 LELS DUES - LOCAL 40 4/2021 1,302.48 LAW ENFORCEMENT LABOR S 04/27/2021 116342 04222021 101-21707 LELS DUES - LOCAL 168 4/2021 317.50 Total 116342:1,619.98 MN STATE RETIREMENT-HCSP-04/27/2021 116343 04222021 101-21718 PEHSCP - 4/22/2021 2,501.28 Total 116343:2,501.28 MUNSON LAKES NUTRITION 04/27/2021 116344 0576945CP 101-43000-226 PPE JACKET - C. SCHUMANN Public Works Department 84.08 Total 116344:84.08 NATIONWIDE RETIREMENT 04/27/2021 116345 04222021OB 101-21705 OBRA - 4/22/2021 336.60 NATIONWIDE RETIREMENT 04/27/2021 116345 04222021RO 101-21705 ROTH - 04/22/2021 200.00 NATIONWIDE RETIREMENT 04/27/2021 116345 04222021US 101-21705 457 - 04/22/2021 780.00 Total 116345:1,316.60 NCPERS GROUP LIFE INS.04/27/2021 116346 04222021 101-21710 PERA LIFE 5/2021 304.00 NCPERS GROUP LIFE INS.04/27/2021 116346 04222021 101-21710 PERA LIFE 4/2021 320.00 Total 116346:624.00 OPEIU - LOCAL 12 04/27/2021 116347 04222021 101-21707 UNION DUES - LOCAL 12 4/2021 521.00 Total 116347:521.00 OPTUM 04/27/2021 116348 9413617 101-41900-319 HSA MAINTENANCE FEE 1ST QTR 2021 Central Services 212.50 Total 116348:212.50 City of Orono Check Register - COUNCIL REPORT Page: 3 Check Issue Dates: 4/27/2021 - 5/10/2021 May 06, 2021 01:17PM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount ORCHARD TRUST-MNDCP-ING 04/27/2021 116349 04222021 101-21705 457 - 04/22/2021 1,770.00 Total 116349:1,770.00 PUBLIC EMPLOYEES RETIREM 04/27/2021 116350 04222021 101-21704 PERA 04/05/21-04/18/21 38,249.62 Total 116350:38,249.62 SUN LIFE FINANCIAL 04/27/2021 116351 0521LIFE 101-21710 LIFE INS-MAY/2021 1,161.40 SUN LIFE FINANCIAL 04/27/2021 116351 0521LIFE 101-15998 LIFE INS-MAY/2021 111.75 SUN LIFE FINANCIAL 04/27/2021 116351 0521STD 101-21714 STD-MAY/2021 875.00 Total 116351:2,148.15 THE HARTFORD 04/27/2021 116352 0521LTD 101-21713 LTD 05/2021 1,759.81 Total 116352:1,759.81 THE HOME DEPOT 04/27/2021 116353 04/16/2021 101-43000-221 FINANCE CHARGES Public Works Department 166.78 THE HOME DEPOT 04/27/2021 116353 04/16/2021 101-43000-221 OUTSTANDING INVOICES Public Works Department 256.91 Total 116353:423.69 QUADIENT INC 04/30/2021 116354 040221 101-41900-322 POSTAGE Central Services 1,015.73 QUADIENT INC 04/30/2021 116354 O-00642539 101-41900-201 SEALER Central Services 21.36 QUADIENT INC 04/30/2021 116354 O-00642539 101-41900-201 INK CARTRIDGE Central Services 129.05 Total 116354:1,166.14 UNITED STATES POSTAL SERVI 04/30/2021 116355 042921 651-49910-322 4/21 UTILITY BILLS Storm Water 343.56 UNITED STATES POSTAL SERVI 04/30/2021 116355 042921 602-49450-322 4/21 UTILITY BILLS Sewer 343.57 UNITED STATES POSTAL SERVI 04/30/2021 116355 042921 601-49400-322 4/21 UTILITY BILLS Water 343.57 Total 116355:1,030.70 ICMA RETIREMENT TRUST 45 05/06/2021 116356 05062021 101-21705 457 - 05/02/2021 1,691.00 Total 116356:1,691.00 MN STATE RETIREMENT-HCSP-05/06/2021 116357 05062021 101-21718 PEHSCP - 5/02/2021 2,478.99 City of Orono Check Register - COUNCIL REPORT Page: 4 Check Issue Dates: 4/27/2021 - 5/10/2021 May 06, 2021 01:17PM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount Total 116357:2,478.99 NATIONWIDE RETIREMENT 05/06/2021 116358 05062021OB 101-21705 OBRA - 5/02/2021 374.08 NATIONWIDE RETIREMENT 05/06/2021 116358 05062021RO 101-21705 ROTH - 05/02/2021 200.00 NATIONWIDE RETIREMENT 05/06/2021 116358 05062021US 101-21705 457 - 05/02/2021 780.00 Total 116358:1,354.08 ORCHARD TRUST-MNDCP-ING 05/06/2021 116359 05062021 101-21705 457 - 05/02/2021 1,770.00 Total 116359:1,770.00 PUBLIC EMPLOYEES RETIREM 05/06/2021 116360 05062021 101-21704 PERA 05/02/21-05/08/21 37,796.96 Total 116360:37,796.96 ADVANCED IMAGING SOLUTIO 05/10/2021 116361 441845351 710-49970-413 PW COPIER LEASE 04/20/21-05/20/21 126.76 Total 116361:126.76 ALLSTREAM 05/10/2021 116362 17464883 101-42110-321 PHONE SERVICE 4/23/21-5/22/21 Police Department 318.40 ALLSTREAM 05/10/2021 116362 17464883 101-41900-321 PHONE SERVICE 4/23/21-5/22/21 Central Services 445.76 ALLSTREAM 05/10/2021 116362 17464883 601-49400-321 PHONE SERVICE 4/23/21-5/22/21 Water 74.29 ALLSTREAM 05/10/2021 116362 17464883 602-49450-321 PHONE SERVICE 4/23/21-5/22/21 Sewer 169.81 ALLSTREAM 05/10/2021 116362 17464883 101-45210-321 PHONE SERVICE 4/23/21-5/22/21 Golf Course 53.07 Total 116362:1,061.33 Aspen Mills 05/10/2021 116363 273546 101-42110-226 RESERVE UNIFORM Police Department 157.70 Total 116363:157.70 BAKER, GARY 05/10/2021 116364 042621 999-10015 UB REFUND 2-709700-01 970 TONKAWA RD 52.34 Total 116364:52.34 BARRY RATHBUN 05/10/2021 116365 042721 101-43000-226 SAFETY SHOES Public Works Department 129.99 City of Orono Check Register - COUNCIL REPORT Page: 5 Check Issue Dates: 4/27/2021 - 5/10/2021 May 06, 2021 01:17PM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount Total 116365:129.99 Batteries + Bulbs 05/10/2021 116366 P38950417 602-49450-227 GS#9 BATTERY Sewer 50.38 Total 116366:50.38 Bergstrom, Tom 05/10/2021 116367 050521 101-34410 ADVANCE PLAN REVIEW FEE REFUND 1509 LO 67.42 Total 116367:67.42 BIFFS INC 05/10/2021 116368 W806407 101-45200-415 BEDERWOOD PARK Parks 74.29 BIFFS INC 05/10/2021 116368 W806408 101-45200-415 SUMMIT BEACH Parks 74.29 BIFFS INC 05/10/2021 116368 W806409 101-45200-415 HACKBERRY PARK Parks 78.93 BIFFS INC 05/10/2021 116368 W806410 101-45210-415 ORONO GOLF COURSE Golf Course 127.50 BIFFS INC 05/10/2021 116368 W806411 101-45200-415 CRYSTAL BAY PLAYGROUND Parks 39.46 BIFFS INC 05/10/2021 116368 W806412 101-45200-415 NAVARRE PLAYGROUND Parks 74.29 BIFFS INC 05/10/2021 116368 W806413 101-45200-415 FRENCH CREEK PRESERVE Parks 39.46 BIFFS INC 05/10/2021 116368 W806414 101-45200-415 LURTON PARK Parks 85.00 BIFFS INC 05/10/2021 116368 W806415 101-43000-415 PUBLIC WORKS BUILDING Public Works Department 39.46 Total 116368:632.68 BOYER TRUCKS INC 05/10/2021 116369 03W1088.02 701-49800-402 UNIT #426 REPAIR TASK #52953 1,142.82 Total 116369:1,142.82 Bratt Tree Company 05/10/2021 116370 5214 101-45200-404 REMOVE STUMP AT POST OFFICE BY SIDEWAL Parks 250.00 Bratt Tree Company 05/10/2021 116370 5221 101-45200-404 ANTOINE TREE PRUNING Parks 500.00 Bratt Tree Company 05/10/2021 116370 5222 101-45210-404 GOLF COURSE 2021 TREE MAINTENANCE Golf Course 2,000.00 Total 116370:2,750.00 CARDMEMBER SERVICE 05/10/2021 116371 033021-1 701-49800-221 BEARING UNIT 623 20.49 CARDMEMBER SERVICE 05/10/2021 116371 033121-2 101-41300-489 FOOD FOR RETIREMENT -RANDY O'BRIEN Administration 67.60 CARDMEMBER SERVICE 05/10/2021 116371 041221-4 101-41110-439 FOOD FOR CC MEETINGS 4/12/2021 Mayor & Council 7.48 CARDMEMBER SERVICE 05/10/2021 116371 041921-2 101-45210-201 REVERSE CLUBHOUSE SUPPLIES Golf Course 30.11- CARDMEMBER SERVICE 05/10/2021 116371 042021-1 101-45200-225 GC DECK FURNITURE Parks 2,548.34 CARDMEMBER SERVICE 05/10/2021 116371 042321 101-19999 PERMITS 21-001 STREETS PROJECT 990.00 CARDMEMBER SERVICE 05/10/2021 116371 042321-1 701-49800-221 EQUIPMENT REPAIR 20.47 City of Orono Check Register - COUNCIL REPORT Page: 6 Check Issue Dates: 4/27/2021 - 5/10/2021 May 06, 2021 01:17PM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount CARDMEMBER SERVICE 05/10/2021 116371 042421 603-49500-489 FOOD FOR SPING CLEANUP 166.34 CARDMEMBER SERVICE 05/10/2021 116371 042421-1 603-49500-489 FOOD FOR SPRING CLEANUP 80.32 CARDMEMBER SERVICE 05/10/2021 116371 042621 101-41110-439 FOOD FOR CC MEETINGS 4/26/2021 Mayor & Council 95.08 CARDMEMBER SERVICE 05/10/2021 116371 042621-1 101-41110-439 FOOD FOR CC MEETING 4/26/2021 Mayor & Council 4.99 CARDMEMBER SERVICE 05/10/2021 116371 042721 101-42110-439 FOOD DURING INTERVIEW -NEW OFFFICER Police Department 56.01 CARDMEMBER SERVICE 05/10/2021 116371 042821 101-42110-437 DMT RECERT - SPENCER Police Department 75.00 Total 116371:4,102.01 CARGILL SALT 05/10/2021 116372 2906170218 601-49400-216 SALT FOR NAVARRE WATER PLANT Water 5,159.79 Total 116372:5,159.79 CECE S SIGNS 05/10/2021 116373 8687 405-48500-580 GRAPHICS FOR NEW TRACKED BOBCAT 90.00 Total 116373:90.00 CENTERPOINT ENERGY MAIN 05/10/2021 116374 042221 602-49450-381 1302 SHORELINE - GAS 3/22/21 - 4/19/21 Sewer 22.01 CENTERPOINT ENERGY MAIN 05/10/2021 116374 042821 601-49400-381 GAS SERVICE 3/23/21-4/20/21 Water 462.43 CENTERPOINT ENERGY MAIN 05/10/2021 116374 042821 602-49450-381 GAS SERVICE 3/23/21-4/20/21 Sewer 497.01 CENTERPOINT ENERGY MAIN 05/10/2021 116374 042821 101-41900-381 GAS SERVICE 3/23/21-4/20/21 Central Services 544.90 CENTERPOINT ENERGY MAIN 05/10/2021 116374 042821 101-42110-381 GAS SERVICE 3/23/21-4/20/21 Police Department 170.41 CENTERPOINT ENERGY MAIN 05/10/2021 116374 042821 101-45210-381 GAS SERVICE 3/23/21-4/20/21 Golf Course 120.57 Total 116374:1,817.33 Century Link 05/10/2021 116375 041921 101-45210-321 GC PHONE/INTERNET 4/19/2021 Golf Course 237.56 Total 116375:237.56 CHARLIE'S AUTO BODY 05/10/2021 116376 011321 101-42110-402 SQUAD DAMAGE REPAIR Police Department 962.32 CHARLIE'S AUTO BODY 05/10/2021 116376 030821 101-42110-402 SQUAD DAMAGE REPAIR Police Department 1,664.54 Total 116376:2,626.86 CHUNKS LAKESHORE AUTO 05/10/2021 116377 0017087 101-42110-402 AUTO MAINTENANCE Police Department 145.69 CHUNKS LAKESHORE AUTO 05/10/2021 116377 0017098 101-42110-402 AUTO MAINTENANCE Police Department 43.30 CHUNKS LAKESHORE AUTO 05/10/2021 116377 0017100 101-42110-402 SQUAD MAINTENANCE Police Department 163.05 CHUNKS LAKESHORE AUTO 05/10/2021 116377 0017106 101-42110-402 SQUAD MAINTENANCE Police Department 187.86 City of Orono Check Register - COUNCIL REPORT Page: 7 Check Issue Dates: 4/27/2021 - 5/10/2021 May 06, 2021 01:17PM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount Total 116377:539.90 CITY OF LONG LAKE 05/10/2021 116378 20210403 405-48500-580 SCBA AIR PAKS AND MASKS 212,548.60 Total 116378:212,548.60 CITY OF MOUND 05/10/2021 116379 050621 101-35105 2021 ADMIN CITATIONS 3,493.37 Total 116379:3,493.37 City of Orono Utilities 05/10/2021 116380 042921 CH P 101-41900-382 APRIL 2021 UB - CH Central Services 82.14 City of Orono Utilities 05/10/2021 116380 042921 CH P 101-42110-382 APRIL 2021 UB - PD Police Department 82.14 City of Orono Utilities 05/10/2021 116380 042921 PO 101-41900-382 APRIL 2021 UB - PO Central Services 84.56 City of Orono Utilities 05/10/2021 116380 042921 PW 101-41900-382 APRIL 2021 UB - PW Central Services 140.94 City of Orono Utilities 05/10/2021 116380 042921 WP 601-49400-382 APRIL 2021 UB - WATER PLANT Water 145.54 Total 116380:535.32 CITY OF WAYZATA 05/10/2021 116381 050321 602-49450-387 APRIL 2021 SEWER Sewer 4,590.80 CITY OF WAYZATA 05/10/2021 116381 050321 601-49400-387 APRIL 2021 WATER Water 2,241.40 Total 116381:6,832.20 CIVIC SYSTEMS LLC 05/10/2021 116382 CVC20538 710-49970-416 REAL TIME PAYMENTS 2,500.00 Total 116382:2,500.00 DIAMOND MOWERS INC.05/10/2021 116383 0196209-IN 651-49910-402 FLAIL MOWER, #450 PARTS Storm Water 744.88 Total 116383:744.88 DITTER INC.05/10/2021 116384 I8212 101-42110-404 BUILDING MAINTENANCE Police Department 1,850.20 Total 116384:1,850.20 DUPONT CONSTRUCTION & RE 05/10/2021 116385 050521 101-34410 PLAN REVIEW REFUND RAS21-000027 1579 MA 151.00 Total 116385:151.00 City of Orono Check Register - COUNCIL REPORT Page: 8 Check Issue Dates: 4/27/2021 - 5/10/2021 May 06, 2021 01:17PM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount EARL F ANDERSON & ASSOC 05/10/2021 116386 0126109-IN 101-45200-223 SWIM DOCK SIGNS Parks 277.05 Total 116386:277.05 EASTMAN, MICHAEL & THERES 05/10/2021 116387 050521 101-22205 ESCROW REFUND SE20-000016 4520 WEST BR 1,000.00 Total 116387:1,000.00 ECM PUBLISHERS INC 05/10/2021 116388 830356 601-49400-352 DRINKING WATER REPORT PUBLICATIONS Water 464.88 ECM PUBLISHERS INC 05/10/2021 116388 830357 101-41300-340 ORDINANCE 255 Administration 146.02 ECM PUBLISHERS INC 05/10/2021 116388 830532 601-49400-352 PUBLIC WORKS SUPERINTENDENT AD Water 320.00 ECM PUBLISHERS INC 05/10/2021 116388 831575 601-49400-352 PUBLIC WORKS SUPERINTENDENT AD Water 320.00 Total 116388:1,250.90 EICKHOF, JOHN 05/10/2021 116389 050521 999-10015 UB REFUND 2-547250-01 4725 N SHORE DR 2.00 Total 116389:2.00 FASTENAL 05/10/2021 116390 MNPLY1287 101-43000-226 PPE SAFETY GLASSES Public Works Department 72.93 FASTENAL 05/10/2021 116390 MNPLY1289 101-43000-224 LAG SCREWS Public Works Department 51.28 Total 116390:124.21 FERGUSON WATERWORKS #25 05/10/2021 116391 0471498 601-49400-227 METERS Water 2,881.44 Total 116391:2,881.44 GENUINE PARTS COMPANY/NA 05/10/2021 116392 3270-503583 701-49800-221 FUSE 4.72 GENUINE PARTS COMPANY/NA 05/10/2021 116392 3270-503678 701-49800-222 UNIT #712 STARTER AND FILTERS 14.02 GENUINE PARTS COMPANY/NA 05/10/2021 116392 3270-503962 701-49800-212 BIG ISLAND MOWER OIL FILTER 6.89 Total 116392:25.63 GOPHER ACE 05/10/2021 116393 5929/1 101-43000-224 SMALL TOOLS Public Works Department 57.98 GOPHER ACE 05/10/2021 116393 5963/1 701-49800-221 PUSH MOWER REPLACEMENT WHEELS 86.97 GOPHER ACE 05/10/2021 116393 5966/1 101-45210-223 KEYS FOR GC Golf Course 43.80 GOPHER ACE 05/10/2021 116393 5967/1 101-45210-223 KEYS FOR GC Golf Course 9.96- GOPHER ACE 05/10/2021 116393 6008/1 701-49800-221 KEYS FOR GENERATOR 15.96 GOPHER ACE 05/10/2021 116393 6105/1 701-49800-240 HEARING PROTECTION 62.97 City of Orono Check Register - COUNCIL REPORT Page: 9 Check Issue Dates: 4/27/2021 - 5/10/2021 May 06, 2021 01:17PM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount GOPHER ACE 05/10/2021 116393 6132/1 101-42110-223 BUILDING PEST CONTROL Police Department 2.99 Total 116393:260.71 GRAINGER INC 05/10/2021 116394 9883852494 701-49800-221 WHEEL CHOCKS FOR PORTABLE GENERATORS 102.44 Total 116394:102.44 GREAT LAKES COCA-COLA 05/10/2021 116395 3609213395 101-45210-092 BEVERAGES FOR CONCESSIONS RESALE-GC Golf Course 193.40 GREAT LAKES COCA-COLA 05/10/2021 116395 3609213396 101-45210-092 BEVERAGES FOR CONCESSIONS RESALE-GC Golf Course 50.84 Total 116395:244.24 Hennepin County Accounts Recei 05/10/2021 116396 1000156831 101-41550-302 1ST HALF 2021 ASSESSING SERVICES Assessing 104,000.00 Total 116396:104,000.00 LANO EQUIPMENT 05/10/2021 116397 02-827662 405-48500-580 NEW TRACKED BOBCAT 44,914.22 LANO EQUIPMENT 05/10/2021 116397 03-826153 651-49910-223 CHAINSAW CHAINS Storm Water 77.92 Total 116397:44,992.14 LEAGUE OF MN CITIES INS TR 05/10/2021 116398 050421 703-49960-151 WC AUDIT 1,987.00 LEAGUE OF MN CITIES INS TR 05/10/2021 116398 050421-1 703-49960-361 2021 PROPERTY/CASUALTY INSURANCE 38,849.00 Total 116398:40,836.00 LEOWEBPROTECT.com 05/10/2021 116399 3050 101-42110-433 MONTHLY SUBSCRIPTION Police Department 74.98 LEOWEBPROTECT.com 05/10/2021 116399 3079 101-42110-433 MONTHLY SUBSCRIPTION 05/21 Police Department 143.06 Total 116399:218.04 LOGIS 05/10/2021 116400 50309 710-49970-329 INTERNET 05/21 555.00 LOGIS 05/10/2021 116400 50309 101-42110-310 POLICE RECORDS 05/21 Police Department 7,520.00 LOGIS 05/10/2021 116400 50309 710-49970-311 HOSTED SERVERS 05/21 2,199.00 LOGIS 05/10/2021 116400 50309 710-49970-311 HOSTED COMPLIANCE ARCHIVE 05/21 501.00 LOGIS 05/10/2021 116400 50388 710-49970-416 ANTIVIRUS SOFTWARE 1,794.00 LOGIS 05/10/2021 116400 50416 710-49970-401 NETWORK SUPPORT 3/21/21-4/30/21 593.75 City of Orono Check Register - COUNCIL REPORT Page: 10 Check Issue Dates: 4/27/2021 - 5/10/2021 May 06, 2021 01:17PM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount Total 116400:13,162.75 MANSFIELD OIL COMPANY 05/10/2021 116401 22327754 701-49800-212 DIESEL FUEL 707.85 MANSFIELD OIL COMPANY 05/10/2021 116401 22327755 101-42110-212 UNLEADED FUEL Police Department 770.22 MANSFIELD OIL COMPANY 05/10/2021 116401 22327782 101-42110-212 UNLEADED FUEL Police Department 2,225.83 Total 116401:3,703.90 MET COUNCIL ENVIRONMENTA 05/10/2021 116402 0001123414 601-49400-441 DISCHARGE PERMIT - WATER PLANT Water 475.00 Total 116402:475.00 MINNEAPOLIS OXYGEN COMPA 05/10/2021 116403 00075680 101-43000-415 ACETYLENE, OXYGEN Public Works Department 45.81 MINNEAPOLIS OXYGEN COMPA 05/10/2021 116403 00075681 101-42110-221 MEDICAL OXYGEN Police Department 76.35 MINNEAPOLIS OXYGEN COMPA 05/10/2021 116403 00075682 101-42110-221 MEDICAL OXYGEN Police Department 12.27 Total 116403:134.43 Minnesota Topsoil 05/10/2021 116404 2021001 101-43000-224 BLACK DIRT Public Works Department 842.00 Minnesota Topsoil 05/10/2021 116404 2021001 101-45200-223 BLACK DIRT Parks 842.00 Total 116404:1,684.00 MN DEPT OF REVENUE-WIRE 05/10/2021 116405 043021 101-34210 SALES TAX 4/2021 1.00 MN DEPT OF REVENUE-WIRE 05/10/2021 116405 043021 101-34650 SALES TAX 4/2021 4.00 MN DEPT OF REVENUE-WIRE 05/10/2021 116405 043021 601-39610 SALES TAX 4/2021 335.00 MN DEPT OF REVENUE-WIRE 05/10/2021 116405 043021 601-20806 SALES TAX 4/2021 761.00 MN DEPT OF REVENUE-WIRE 05/10/2021 116405 043021 101-37910 SALES TAX 4/2021 2,289.00 MN DEPT OF REVENUE-WIRE 05/10/2021 116405 043021 101-37920 SALES TAX 4/2021 407.00 MN DEPT OF REVENUE-WIRE 05/10/2021 116405 043021 101-37930 SALES TAX 4/2021 97.00 MN DEPT OF REVENUE-WIRE 05/10/2021 116405 043021 101-37940 SALES TAX 4/2021 42.00 MN DEPT OF REVENUE-WIRE 05/10/2021 116405 043021 101-37960 SALES TAX 4/2021 14.00 MN DEPT OF REVENUE-WIRE 05/10/2021 116405 043021 101-37970 SALES TAX 4/2021 7.00 Total 116405:3,957.00 MN DEPT OF TRANSPORTATIO 05/10/2021 116406 P00013060 101-43000-408 SIGNAL LIGHT REPLACEMENTS Public Works Department 191.09 City of Orono Check Register - COUNCIL REPORT Page: 11 Check Issue Dates: 4/27/2021 - 5/10/2021 May 06, 2021 01:17PM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount Total 116406:191.09 MOUND TRUE VALUE 05/10/2021 116407 174465 101-42110-240 MISC EUIPMENT Police Department 2.59 Total 116407:2.59 MTI DISTRIBUTING INC 05/10/2021 116408 1296462-01 701-49800-240 HOC REEL MOWER GAUGE 223.49 MTI DISTRIBUTING INC 05/10/2021 116408 1298571-00 101-45210-404 IRRIGATION REPAIR Golf Course 12.78 MTI DISTRIBUTING INC 05/10/2021 116408 1298582-00 101-45210-404 IRRIGATION REPAIR Golf Course 38.51 MTI DISTRIBUTING INC 05/10/2021 116408 1298619-00 101-45210-404 GOLF IRRIGATION SPRING START UP 2021 Golf Course 260.00 MTI DISTRIBUTING INC 05/10/2021 116408 1298926-00 101-45210-404 IRRIGATION REPAIR Golf Course 124.55 MTI DISTRIBUTING INC 05/10/2021 116408 1298938-00 101-45210-404 IRRIGATION REPAIR Golf Course 91.01 Total 116408:750.34 NAVARRE HARDWARE 05/10/2021 116409 330507 101-41900-223 POST OFFICE TOILET Central Services 10.99 NAVARRE HARDWARE 05/10/2021 116409 330508 101-45200-223 DOCK PARTS Parks 22.83 NAVARRE HARDWARE 05/10/2021 116409 330512 101-45200-223 ZIP TIES FOR STUBBS BAY DOCK SECTIONS Parks 5.49 Total 116409:39.31 NORTHERN SPECIALITIES INC 05/10/2021 116410 00091109 101-45220-404 BRUSH SITE GATE OPERATOR Brush Site 1,247.00 Total 116410:1,247.00 Northstar Companies 05/10/2021 116411 I-1495 101-42110-226 COVID-19 MASKS Police Department 431.25 Northstar Companies 05/10/2021 116411 I-1495 101-41900-201 COVID-19 MASKS Central Services 431.25 Total 116411:862.50 NOVA COMMUNICATIONS 05/10/2021 116412 146415 710-49970-401 PHONE SUPPORT 90.00 NOVA COMMUNICATIONS 05/10/2021 116412 146488 710-49970-401 NEW PHONE SETUP 90.00 NOVA COMMUNICATIONS 05/10/2021 116412 146708 101-41900-401 PHONE SUPPORT - CHANGE MESSAGE Central Services 90.00 NOVA COMMUNICATIONS 05/10/2021 116412 146710 710-49970-221 NEW PHONE 292.15 NOVA COMMUNICATIONS 05/10/2021 116412 146735 710-49970-401 PHONE SUPPORT 45.00 NOVA COMMUNICATIONS 05/10/2021 116412 146805 710-49970-401 PHONE SYSTEM UPDATE ASSISTANCE 45.00 Total 116412:652.15 City of Orono Check Register - COUNCIL REPORT Page: 12 Check Issue Dates: 4/27/2021 - 5/10/2021 May 06, 2021 01:17PM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount OFFICE DEPOT 05/10/2021 116413 1670286760 101-41900-201 OFFICE SUPPLIES Central Services 61.28 OFFICE DEPOT 05/10/2021 116413 1670295370 710-49970-221 TONER CARTRIDGE 120.49 OFFICE DEPOT 05/10/2021 116413 1678750610 101-41900-201 OFFICE SUPPLIES Central Services 73.57 OFFICE DEPOT 05/10/2021 116413 1684373880 101-41900-201 STORAGE BOXES Central Services 144.99 OFFICE DEPOT 05/10/2021 116413 1684375820 101-45210-201 FOAM CUPS Golf Course 44.59 OFFICE DEPOT 05/10/2021 116413 1684375830 101-41900-201 POST-IT NOTES Central Services 17.24 OFFICE DEPOT 05/10/2021 116413 1706325960 101-41900-201 OFFICE SUPPLIES Central Services 55.98 OFFICE DEPOT 05/10/2021 116413 1709053580 601-49400-221 CHECK SCANNER Water 312.00 OFFICE DEPOT 05/10/2021 116413 1709053580 602-49450-221 CHECK SCANNER Sewer 312.00 OFFICE DEPOT 05/10/2021 116413 1709053580 651-49910-221 CHECK SCANNER Storm Water 311.99 OFFICE DEPOT 05/10/2021 116413 17110827300 101-42110-221 OFFICE SUPPLIES Police Department 31.58 OFFICE DEPOT 05/10/2021 116413 17110890000 101-42110-201 OFFICE SUPPLIES Police Department 32.09 Total 116413:1,517.80 PAUL VOGSTROM 05/10/2021 116414 042721 999-10015 UB REFUND 2-511510-01 1151 N ARM DR 4.19 Total 116414:4.19 PV Business Solutions Inc 05/10/2021 116415 33845 101-45210-437 OSHA SAFETY BOOK Golf Course 298.50 Total 116415:298.50 QUALITY FLOW SYSTEMS INC 05/10/2021 116416 40797 602-49450-406 LS#2 REPAIRS Sewer 1,277.50 Total 116416:1,277.50 RANDYS ENVIRONMENTAL SER 05/10/2021 116417 APRIL 2021 101-41900-404 GARBAGE SERVICE - 04/2021 Central Services 416.73 RANDYS ENVIRONMENTAL SER 05/10/2021 116417 APRIL 2021 101-45200-404 GARBAGE SERVICE - 04/2021 Parks 644.25 RANDYS ENVIRONMENTAL SER 05/10/2021 116417 APRIL 2021 101-45210-404 GARBAGE SERVICE - 04/2021 Golf Course 10.76 RANDYS ENVIRONMENTAL SER 05/10/2021 116417 APRIL 2021 101-45220-404 GARBAGE SERVICE - 04/2021 Brush Site 122.15 Total 116417:1,193.89 Reed Wholesale & OCS 05/10/2021 116418 9774 101-45210-094 CONCESSIONS RESALE-GC Golf Course 909.12 Total 116418:909.12 REVISION LLC 05/10/2021 116419 050521 101-34410 REFUND PLAN REVIEW FEE 4535 NORTH SHOR 80.52 City of Orono Check Register - COUNCIL REPORT Page: 13 Check Issue Dates: 4/27/2021 - 5/10/2021 May 06, 2021 01:17PM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount Total 116419:80.52 ROSHOLT, JACOB 05/10/2021 116420 050521 101-22205 ESCROW REFUND D19-000013 2500 DUNWOOD 1,000.00 Total 116420:1,000.00 Safety Vehicle Solutions 05/10/2021 116421 2117 701-49800-402 WARNING LIGHTS FOR UNIT 430 450.00 Total 116421:450.00 SOURCE LAND DEVELOPMENT 05/10/2021 116422 050521 101-22205 ESCROW REFUND LA20-000012 4685 ST. ANDR 700.00 Total 116422:700.00 SOUTH LAKE MINNETONKA PO 05/10/2021 116423 042021 101-42110-437 USE OF FORCE UPDATED TRAINING 2021 - BILL Police Department 507.00 Total 116423:507.00 STAR TRIBUNE 05/10/2021 116424 041821 101-41300-208 5/5/21 - 11/3/21 - SUBSCRIPTION ACCT 1913693 Administration 128.70 Total 116424:128.70 SUNDET, CINDY 05/10/2021 116425 050521 101-22205 ESCROW REFUND GLA20-000005 2791 PHEASA 1,000.00 Total 116425:1,000.00 TALLEN AND BAERTSCHI 05/10/2021 116426 041921 101-41600-306 PROSECUTION SERVICES-04/2021 Law/Legal Services 3,037.01 Total 116426:3,037.01 THE HOME DEPOT 05/10/2021 116427 1901068 101-45210-404 GC WINDOW REPLACEMENT Golf Course 1,708.00 THE HOME DEPOT 05/10/2021 116427 2620941 101-45210-404 IRRIGATION REPAIR Golf Course 41.20 THE HOME DEPOT 05/10/2021 116427 9013938 101-41900-223 ROOF REPAIR SUPPLIES ON POLE BARN Central Services 104.78 THE HOME DEPOT 05/10/2021 116427 9013938 101-41900-223 STORAGE RACK Central Services 259.00 THE HOME DEPOT 05/10/2021 116427 9612028 101-45210-240 DIVOT TOOLS Golf Course 75.11 Total 116427:2,188.09 TimeSaver Off Site Secretarial Inc 05/10/2021 116428 M26406 101-41300-319 CC MEETING MINUTES 4/12/21 Administration 273.00 City of Orono Check Register - COUNCIL REPORT Page: 14 Check Issue Dates: 4/27/2021 - 5/10/2021 May 06, 2021 01:17PM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount TimeSaver Off Site Secretarial Inc 05/10/2021 116428 M26406 101-42400-319 PLANNING COMMISSION MINUTES 4/19/21 Building & Zoning 235.88 Total 116428:508.88 Truax Patient Services 05/10/2021 116429 1779 101-42110-221 MEDICAL SUPPLIES - GRANT Police Department 1,350.00 Total 116429:1,350.00 TWIN CITY SEED COMPANY 05/10/2021 116430 49300 101-45210-223 GC SEED Golf Course 304.80 Total 116430:304.80 UNG, MARGARET 05/10/2021 116431 043021 101-41500-331 MILEAGE 3/12/21-4/30/21 Finance Department 56.00 Total 116431:56.00 UNIFIRST CO 05/10/2021 116432 0900619911 101-43000-404 RUGS Public Works Department 19.50 UNIFIRST CO 05/10/2021 116432 0900619911 701-49800-221 SHOP TOWELS 5.70 UNIFIRST CO 05/10/2021 116432 0900619911 101-43000-226 UNIFORMS Public Works Department 145.80 Total 116432:171.00 US Bank Equipment Finance 05/10/2021 116433 441944501 710-49970-413 COPIERS 596.76 Total 116433:596.76 WASTE MANAGEMENT RECYC 05/10/2021 116434 0080522-280 603-49500-316 RECYCLING 05/2021 16,458.75 Total 116434:16,458.75 Watkins, Christopher 05/10/2021 116435 020121 101-22205 ESCROW REFUND LA20-000065 140 KINTYRE L 700.00 Watkins, Christopher 05/10/2021 116435 020121 101-22205 ESCROW REFUND RAS20-000090 140 KINTYRE 1,000.00 Total 116435:1,700.00 WILDTHREADS 05/10/2021 116436 25678 101-45210-095 2021 GC APPARREL Golf Course 317.60 WILDTHREADS 05/10/2021 116436 25679 101-45210-095 2021 GC APPAREL Golf Course 91.00 WILDTHREADS 05/10/2021 116436 25680 101-45210-095 2021 GC APPAREL Golf Course 97.90 City of Orono Check Register - COUNCIL REPORT Page: 15 Check Issue Dates: 4/27/2021 - 5/10/2021 May 06, 2021 01:17PM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount Total 116436:506.50 XCEL ENERGY 05/10/2021 116437 730313560 101-41900-381 ELECTRIC 3/24/21-4/22/21 Central Services 1,731.37 XCEL ENERGY 05/10/2021 116437 730313560 101-42110-381 ELECTRIC 3/24/21-4/22/21 Police Department 1,078.14 XCEL ENERGY 05/10/2021 116437 730313560 101-42110-381 ELECTRIC 3/24/21-4/22/21 Police Department 23.29 XCEL ENERGY 05/10/2021 116437 730313560 101-43000-381 ELECTRIC 3/24/21-4/22/21 Public Works Department 149.72 XCEL ENERGY 05/10/2021 116437 730313560 101-43000-386 ELECTRIC 3/24/21-4/22/21 Public Works Department 2,248.75 XCEL ENERGY 05/10/2021 116437 730313560 101-45200-381 ELECTRIC 3/24/21-4/22/21 Parks 33.96 XCEL ENERGY 05/10/2021 116437 730313560 601-49400-381 ELECTRIC 3/24/21-4/22/21 Water 6,399.39 XCEL ENERGY 05/10/2021 116437 730313560 602-49450-381 ELECTRIC 3/24/21-4/22/21 Sewer 3,071.52 XCEL ENERGY 05/10/2021 116437 730313560 101-45210-381 ELECTRIC 3/24/21-4/22/21 Golf Course 184.86 Total 116437:14,921.00 YAMAHA MOTOR CORP.05/10/2021 116438 737180 101-45210-415 GOLF CART RENTAL-18 CARS Golf Course 1,647.00 YAMAHA MOTOR CORP.05/10/2021 116438 737244 101-45210-415 GOLF UTILITY CART RENTAL Golf Course 295.00 Total 116438:1,942.00 Grand Totals: 684,289.90 AGENDA ITEM Prepared By: A.Carlson Reviewed By: A.Carlson Approved By: 1. Purpose. The purpose of this action item is to approve the Rental License for the license period of January 1, 2021 to December 31, 2022. 2. Staff Recommendation. Staff recommends approval of the rental license listed in Exhibit A for the license period of January 1, 2021 to December 31, 2022. The Rental License Applicant in Exhibit A has submitted all of the requested documents and has met all requirements. COUNCIL ACTION REQUESTED Motion to approve the rental license listed in Exhibit A for the license period of January 1, 2021 to December 31, 2022. Exhibit A. Listing of Rental Licenses Item No.: 4 Date: May 10, 2021 Item Description: Approval of Rental Licenses Presenter: Anna Carlson, City Clerk Agenda Section: Consent Agenda Exhibit A City Council 2021 Rental License Renewals RL21-000004 HPA-Borrower 2017-1 ML LLC – Pathlight Compliance 100 RL21-000005 HPA-Borrower 2017-1 ML LLC – Pathlight Compliance 100 RL21-000007 HPA-Borrower 2017-1 ML LLC – Pathlight Compliance 100 RL21-000008 Reed Larson 100 License# Licensee Total License Fees AGENDA ITEM Prepared By: Reviewed By: A.Carlson Approved By: 1. Purpose. The purpose of this item is to gain City Council approval of the Cooperative agreement with Hennepin County for post construction maintenance of amenities within the CSAH 15/19 Construction Project. 2. Background. Hennepin County completed the reconstruction of the CSAH 15/19 intersection in 2020. The project including improvements to City infrastructure within the ROW including sidewalks and pedestrian ramps. While the City did not contribute to the funding of the reconstruction projects there are standard maintenance responsibilities associated with the project. These responsibilities are memorialized in a cooperative agreement between the City and County (Exhibit A) 3. Agreement Scope. The agreement lays out the maintenance responsibilities including sidewalk maintenance, some stormwater maintenance and provision of electricity to signals and street lights at the intersection. 4. Staff Recommendation. Staff Recommends approval of the attached agreement. COUNCIL ACTION REQUESTED: Move to approve the Cooperative Agreement. (Note: Once approved, the agreement will be sent around electronically for signatures by Hennepin County) Exhibit A. CSAH 15 / 19 Intersection Cooperative Agreement Item No.: 5 Date: May 10, 2021 Item Description: CSAH 15/19 Intersection Cooperative Agreement Presenter: Adam T. Edwards City Engineer Agenda Section: Consent Agenda Agreement No. PW 05-08-19 County Project No. 2151000 County State Aid Highway 15 & 19 City of Orono County of Hennepin 1 ___ COOPERATIVE AGREEMENT This Agreement is made between the County of Hennepin, a body politic and corporate under the laws of the State of Minnesota, hereinafter referred to as the “County”, and the City of Orono, a body politic and corporate under the laws of the State of Minnesota, hereinafter referred to as the “City”. The County and the City collectively are referred to as the “Parties”. Recitals The following Recitals are incorporated into this Agreement. 1. The County and the City have been negotiating to bring about safety, roadway and pedestrian improvements to an intersection of County State Aid Highway (CSAH) 15 (Shoreline Drive) at CSAH 19 (Shadywood Road) in the City of Orono. The improvements include the following and shall hereinafter be referred to as the “Project”: • Removal of a channelized right-turn island to reduce turning speeds, • Replacement of a traffic signal, • Installation of flashing yellow arrows for left-turning vehicles, • Installation of Accessible Pedestrian Signals (APS) and Americans with Disabilities Act (ADA) upgrades to pedestrian ramps, • Replacement curbs, gutters, underground utility lines, and pavement substructure, • Restriping crosswalk and pavements, • Constructing new sidewalks, bituminous surfacing, grading, drainage, and other improvements as shown under County Project (CP) No. 2151000. 2. The Parties have agreed to enter into this Agreement to memorialize the partnership and to outline each party’s financial, ownership, and maintenance responsibilities, and associated costs for the Project. 3. The County shall be the lead agency in Project design, engineering, and construction administration, and be responsible for acquiring all necessary right of way and/or other governmental agencies-required permits needed for the Project. 4. The Project will be carried out by the Parties under the provisions of Minnesota Statutes, Section 162.17, Subdivision 1, and Section 471.59. Agreement No. PW 05-08-19 CSAH No. 15 & 19; C.P. 2151000 2 ___ Agreement NOW, THEREFORE, the Parties agree as follows: 1. Term of Agreement, Survival of Terms, and Exhibits. Effective Date. This Agreement is effective as of the date of the final signature. Expiration Date. This Agreement will expire after the date in which all obligations have been satisfactorily fulfilled. Survival of Terms. Provisions that by their nature are intended to survive the term, cancellation or termination of this Agreement do survive such term, cancellation or termination. Such provisions include but are not limited to: Maintenance Responsibilities, Records/Audits, Indemnification, Insurance, Worker Compensation Claims, Cancellation, Termination, and Minnesota Laws Govern. Exhibits. 1.4.1. Exhibit A (Division of Cost Summary) is not applicable to the Project. 1.4.2. Exhibit B (Hennepin County Department of Public Works – Transportation Division: Recommended Urban Landscape/Streetscape Guidelines) is attached and incorporated into this Agreement. 2. Project Construction. Contract Award and Administration. The County or its agents shall prepare the necessary plans, specifications, and proposal; obtain approval of the plans and specifications from the Minnesota Department of Transportation (MnDOT) and the City; advertise for bids for the work and construction; receive and open bids pursuant to the advertisement; enter into a contract with the successful bidder at the unit prices specified in the bid of such bidder; administer the contract; and perform the required engineering and inspection; all in accordance with the plans and specifications set forth below. Plans and Specifications. 2.2.1. Design Work. All design work performed by the County and its agents that is to be incorporated into the bidding documents for the Project shall be prepared and certified by a Professional Engineer licensed in the State of Minnesota. All designs which affect County facilities shall conform to MnDOT Design Standards applicable to County State Aid Highways and to the requirements of the Americans with Disabilities Act (ADA), and be approved by the County Engineer. 2.2.2. Plan Numbers. The plans and specifications are referenced and identified as (SP) No. 027-615-022, and shall be approved by MnDOT. Agreement No. PW 05-08-19 CSAH No. 15 & 19; C.P. 2151000 3 ___ 2.2.3. Request for Copies of Plans. At the request of the City, the County or its agents shall furnish the City with any working copies of any plans, designs or reports at any time during the Project design process. Construction Supervision and Inspection. The County or its agents will administer the construction contract, and perform all necessary engineering, inspection and testing of all the contract work. All work for the Project shall be completed in compliance with the City approved plans and specifications. The City Engineer or a designated representative shall have the right, as the work progresses, to enter upon the job site to make any inspections deemed necessary and shall cooperate with the County Engineer and staff at their request to the extent necessary, but will have no responsibility for the supervision of the work. Plan Changes and Additional Construction. 2.4.1. Plan Changes. The City agrees that the County may make changes in the plans or in the character of the contract construction that are reasonably necessary to cause the construction to be in all things performed and completed in a satisfactory manner. It is further agreed by the City that the County may enter into any change orders or supplemental agreements with the County’s contractor for the performance of any additional construction or construction occasioned by any necessary, advantageous or desirable changes in plans, within the original scope of the Project. 2.4.2. Review Proposed Changes. Not applicable to the Project. Right of Way/Permit 2.5.1. Right of Way Acquisition. The County or its agents shall acquire all additional right of way, permits and/or easements required for the construction of the Project. 2.5.2. Access Rights and Permits. The City shall cooperate with the conveyance of any access rights over the City right of way that may be required by the County for the Project. The Parties understand that any such access rights shall be subject to the City council approval and will be granted at no cost to the County. Any and all permits required by the City for the Project shall be granted at no cost or expense to the County or its contractors. The County shall also obtain, and comply with, any and all permits and approvals required from other governmental or regulatory agencies to accomplish the Project. 2.5.3. Right of Way Cost. Not applicable to the Project. Traffic Signal. 2.6.1. Power. The City, at no cost to the County, shall: (1) install, cause the installation of, or perpetuate the existence of an adequate three wire, 120/240 volt, single phase, alternating current electrical power connection to the permanent traffic control signal systems and integral streetlights included in the Project; and (2) shall provide the Agreement No. PW 05-08-19 CSAH No. 15 & 19; C.P. 2151000 4 ___ electrical energy for the operation of all permanent and temporary traffic control signal systems and integral streetlights installed as a part of the Project. 2.6.2. Traffic Signal System Adjustment. The City shall not revise by addition or deletion, nor alter or adjust any component, part, sequence, or timing of the traffic control signal, however, nothing herein shall prohibit prompt, prudent action by properly constituted authorities in situations where a part of such traffic control signals may be directly involved in an emergency. 2.6.3. Emergency Vehicle Preemption (EVP). The EVP Systems provided for herein shall be installed, operated, maintained or removed in accordance with the following conditions and requirements: 2.6.3.1. Emitter units may be installed and used only on vehicles responding to an emergency as defined in Minnesota Statutes Chapter 169.01, Subdivision 5 and 169.03. 2.6.3.2. The City shall report malfunctions of EVP systems to the County immediately after discovery of the malfunction. 2.6.3.3. In the event the EVP Systems or components are, in the opinion of the County, being misused or the conditions set forth herein are violated, and such misuse or violation continues after receipt by the City of written notice thereof from the County, the County shall remove the EVP Systems. 2.6.3.4. All timing of the EVP Systems shall be determined by the County. Street Lighting: The Project will impact street lighting along the Project corridor. The County or its contractor will install streetlights per the construction plans. The City, at no cost to the County, shall provide the electrical energy for the operation of all the streetlights installed as a part of the Project. Asbestos. The Project may include the removal of asbestos containing electrical conduit. Only firms licensed to conduct asbestos abatement shall be used for the safe removal of asbestos containing electrical conduit with proper shipping manifest prepared and submitted to appropriate agency. The lead agency in the Project construction shall be responsible for the oversight of the removal of asbestos containing electrical conduit and compliance with the abovementioned specifications. Detours. The Project may require limited detouring of traffic onto the City’s streets. The Parties agree that there will be no compensation to the City for detours onto its streets required to construct the Project. All detour signage is a part of the Project. 3. Cost Participation. Not applicable to the Project. 4. Payment. Not applicable to the Project. 5. City’s Force Account Work. Not applicable to the Project. Agreement No. PW 05-08-19 CSAH No. 15 & 19; C.P. 2151000 5 ___ 6. No Parking Signs. No Parking and Its Enforcement. As part of the Project, “No-Parking” signs shall be installed as represented in the plans. The City, at its expense and according to its practices, shall provide the enforcement for the prohibition of on-street parking on those portions of County road constructed under this Project recognizing the concurrent jurisdiction of the Sheriff of Hennepin County. Parking Restriction Modification. No modification of the above parking restrictions shall be made without first obtaining an approval from the County Highway Engineer permitting the modification and in accordance with the funding requirements of the Project. The City shall, at its own expense, remove and replace city-owned signs that are within the construction limits of the Project if requested by the County's Project Engineer. 7. The City’s Maintenance Responsibilities. Upon completion of the Project, the City shall provide the following year-round maintenance services required thereafter at no cost to the County. Traffic Signal Systems. The City shall be responsible for providing power to the signal systems as stated in Subsection 2.6.1 and replacing the lamp on the luminaire extension, the fuse and the wire from the lamp to the load side of the meter socket of traffic signal systems. In the event that the City fails to perform or request for the County’s assistance in performing these maintenance responsibilities, the County with its forces, at its sole discretion and subject to the limitations imposed by availability of manpower, equipment and replacement parts, and the condition of the County Road System, will endeavor to perform these maintenance items and invoice the City for the services rendered, and the City shall pay such invoices. Rectangular Rapid Flashing Beacon (RRFB). Not applicable to the Project. Street Lighting. The City shall assume routine maintenance of streetlights installed as part of the Project at no cost to the County. Maintenance includes but is not limited to replacing burned-out lamps, replacing fixtures or any other lighting components as per accepted City maintenance practices. Sidewalks, Pedestrian Refuges, and Pedestrian Ramps. The City shall assume routine maintenance of sidewalks, pedestrian refuges, and pedestrian ramps. Maintenance includes, but is not limited to, winter maintenance, debris removal, patching, crack repair, and any other maintenance activities as per accepted City maintenance practices. Bicycle Facility. Not applicable to the Project. Crosswalk Markings. The City shall assume maintenance according to City practices of crosswalk markings installed as part of the Project. Agreement No. PW 05-08-19 CSAH No. 15 & 19; C.P. 2151000 6 ___ Green Bicycle Conflict Zone Markings. Not applicable to the Project. Storm Sewers. After the completion of the Project, the City shall own and bear maintenance responsibilities for all components of the roadway storm sewer drainage system within the City right of way, and those items not in the County right of way, property or easement constructed as a part of, or connection to this Project. The City shall provide maintenance assistance to the County upon request for routine or emergency maintenance of the stormwater system such as flushing and clearing obstructions. The maintenance cost for those drainage systems serving both the City’s and County’s impervious surfaces shall be calculated based on percentage of run off from each party’s impervious surfaces. Landscaping. The City affirms that any landscaping and streetscape to be constructed by the City or its agents within the right of way of CSAH 15 and CSAH 19 shall be constructed and maintained in accordance with the attached Exhibit B (Hennepin County Department of Public Works – Transportation Division: Recommended Urban Landscape/Streetscape Guidelines). 8. The County’s Maintenance Responsibilities. Upon completion of the Project, the County shall provide year-round maintenance at its sole cost as outlined below: Roadways. Maintenance of CSAH 15 and CSAH 19 reconstructed under the Project. Maintenance includes, but is not limited to, sweeping, debris removal, resurfacing and seal coating, and any other maintenance activities according to accepted County maintenance practices. Traffic Signal Components. The County shall thereafter retain ownership of and be responsible for the routine maintenance and repair of the traffic control signal systems and their components including EVP, signal communications and interconnect at the expense of the County except for those items identified as City’s responsibilities above. County Road Pavement Stripping. The County shall thereafter maintain and repair all pavement striping for roadway users installed as a part of the Project. Storm Sewers. Upon completion of the Project, the County shall retain ownership of and maintenance responsibilities for those portions of the roadway storm sewer drainage system within the County right of way. 9. Authorized Representatives. In order to coordinate the services of the County with the activities of the City and vice versa so as to accomplish the purposes of this Agreement, the Hennepin County and the City Engineers or their designated representatives shall manage this Agreement on behalf of the County and the City. County of Hennepin: Carla Stueve County Highway Engineer Hennepin County Public Works 1600 Prairie Drive, Medina, MN 55340 Agreement No. PW 05-08-19 CSAH No. 15 & 19; C.P. 2151000 7 ___ Office: 612-596-0356 Carla.Stueve@hennepin.us City of Orono: Adam Edwards Director of Public Works/City Engineer 2700 Kelley Parkway Office: 952-249-4600 aedwards@ci.orono.mn.us 10. Assignment, Amendments, Default, Waiver, Agreement Complete, Cancellation or Termination. Assignment. The City shall not assign, subcontract, transfer or pledge this Agreement and/or the services to be performed hereunder, whether in whole or in part, without the prior written consent of the County. Amendments. Any alterations, variations, modifications or waivers of provisions of this Agreement shall only be valid when they have been reduced to writing as an amendment to this Agreement and signed by the Parties hereto. Default. If the City fails to perform any of the provisions of this Agreement or so fails to administer the work as to endanger the performance of the Agreement, this shall constitute a default. Unless the City's default is excused by the County, the County may upon written notice immediately cancel this Agreement in its entirety. Waiver. The County's failure to insist upon strict performance of any provision or to exercise any right under this Agreement shall not be deemed a relinquishment or waiver of the same, unless consented to in writing. Such consent shall not constitute a general waiver or relinquishment throughout the entire term of the Agreement. Agreement Complete. The entire Agreement between the Parties is contained herein and that this Agreement supersedes all oral agreements and negotiations between the Parties relating to the subject matter hereof. All items referred to in this Agreement are incorporated or attached and are deemed to be part of this Agreement. Cancellation or Termination. This Agreement may be terminated or cancelled by either party with or without cause upon thirty (30) day written notice. This Agreement shall be terminated or cancelled by either party upon a material breach by the other party. In the event of a termination or cancellation, the Parties will remain responsible for cost participation as provided in this Agreement for obligations incurred up through the effective date of the termination or cancellation, subject to any equitable adjustment that may be required to account for the effects of a breach. 11. Indemnification. 11.1. The City Indemnifies the County. The City agrees to defend, indemnify and hold harmless the County, its officials, officers, agents, volunteers, and employees from any Agreement No. PW 05-08-19 CSAH No. 15 & 19; C.P. 2151000 8 ___ liability, claims, causes of action, judgments, damages, losses, costs or expenses, including reasonable attorneys’ fees, resulting directly or indirectly from any act or omission of the City or the City’s consultant or sub consultant, anyone directly or indirectly employed by them, and/or anyone for whose acts and/or omissions they may be liable in the performance of the services required by this contract, and against all loss by reason of the failure of the City to perform fully, in any respect, all obligations under this contract. The City’s liability shall be governed by the provisions of Minnesota Statutes, Chapter 466 or other applicable law. 11.2. The County Indemnifies the City. The County agrees to defend, indemnify and hold harmless the City, its officials, officers, agents, volunteers, and employees from any liability, claims, causes of action, judgments, damages, losses, costs or expenses, including reasonable attorneys’ fees, resulting directly or indirectly from any act or omission of the County or the County’s consultant or sub consultant, anyone directly or indirectly employed by them, and/or anyone for whose acts and/or omissions they may be liable in the performance of the services required by this contract, and against all loss by reason of the failure of the County to perform fully, in any respect, all obligations under this contract. The County’s liability shall be governed by the provisions of Minnesota Statutes, Chapter 466 or other applicable law. 12. Insurance. The City agrees that any future contract let by the City for the performance of any of the work included hereunder shall include clauses that will: 1) Require the contractor to indemnify and hold the County, its commissioners, officers, agents and employees harmless from any liability, claim, demand, judgments, expenses, action or cause of action of any kind or character arising out of any act or omission of the contractor, its officers, employees, agents or subcontractors; 2) Require the contractor to be an independent contractor for the purposes of completing the work provided for in this Agreement; and 3) Require the contractor to provide and maintain the following insurance so as to assure the performance of its indemnification and hold harmless obligation: Limits (1) Commercial General Liability on an occurrence Basis with contractual liability coverage: General Aggregate $2,000,000 Products - Completed Operations Aggregate $2,000,000 Personal and Advertising Injury $1,500,000 Each Occurrence - Combined Bodily Injury and Property Damage $1,500,000 Hennepin County shall be named as an additional insured for the Commercial General Liability coverage with respect to operations Covered under this Agreement. (2) Automobile Liability: Combined Single limit each occurrence coverage or the equivalent covering owned, non-owned, and hired automobiles: $1,500,000 Agreement No. PW 05-08-19 CSAH No. 15 & 19; C.P. 2151000 9 ___ (3) Workers’ Compensation and employer’s Liability: Work Workers’ Compensation: Statutory If the contractor is based outside the State of Minnesota, coverage must apply to Minnesota laws. Employer’s Liability. Bodily injury by: Accident – Each Accident $500,000 Disease – Policy Limit $500,000 Disease - Each Employee $500,000 (4) Professional Liability – Per Claim and Aggregate: $2,000,000 The above listed Professional Liability insurance will not be required in any construction contract let by the City if the City’s contractors are not required to perform design engineering as part of the construction contract. An umbrella or excess policy over primary liability coverages is an acceptable method to provide the required insurance limits. The above subparagraphs establish minimum insurance requirements. It is the sole responsibility of the City’s contractors to determine the need for and to procure additional insurance which may be needed in connection with the Project. All insurance policies shall be open to inspection by the County and copies of policies shall be submitted to the County upon written request. 13. Worker Compensation Claims. City’s Employees. Any and all employees of the City and all other persons engaged by the City in the performance of any work or services required or provided for he rein to be performed by the City shall not be considered employees of the County, and any and all claims that may or might arise under the Workers' Compensation Act or the Unemployment Compensation Act of the State of Minnesota on behalf of the employees while so engaged and any and all claims made by any third parties as a consequence of any act or omission on the part of the employees while so engaged on any of the work or services provided to be rendered herein shall in no way be the obligation or responsibility of the County. County’s Employees. Any and all employees of the County and all other persons engaged by the County in the performance of any work or services required or provided for herein to be performed by the County shall not be considered employees of the City, and any and all claims that may or might arise under the Workers' Compensation Act or the Unemployment Compensation Act of the State of Minnesota on behalf of the employees while so engaged and any and all claims made by any third parties as a consequence of any act or omission on the part of the employees while so engaged on any of the work or services provided to be rendered herein shall in no way be the Agreement No. PW 05-08-19 CSAH No. 15 & 19; C.P. 2151000 10 ___ obligation or responsibility of the City. 14. Records/Audits. The City agrees that the County, the State Auditor, or any of their duly authorized representatives at any time during normal business hours, and as often as they may reasonably deem necessary, shall have access to and the right to examine, audit, excerpt and transcribe any books, documents, papers, records, etc., which are pertinent to the Project and the accounting practices and procedures of the City which involve transactions relating to this Agreement. 15. Nondiscrimination. The provisions of Minnesota Statute Section 181.59 and of any applicable local ordinance relating to civil rights and discrimination and the Affirmative Action Policy statement of Hennepin County shall be considered a part of this Agreement as though fully set forth herein. 16. Counterparts/Electronic Signatures. This Agreement may be executed in one or more counterparts, each of which will be deemed to be an original copy of this Agreement and all of which, when taken together, will be deemed to constitute one and the same agreement. The facsimile, email or other electronically delivered signatures of the parties shall be deemed to constitute original signatures, and facsimile or electronic copies hereof shall be deemed to constitute duplicate originals. 17. Minnesota Laws Govern. The laws of the State of Minnesota shall govern all questions and interpretations concerning the validity and construction of this Agreement and the legal relations between the Parties and their performance. The appropriate venue and jurisdiction for any litigation will be those courts located within the County of Hennepin, State of Minnesota. Litigation, however, in the federal courts involving the Parties will be in the appropriate federal court within the State of Minnesota. (This space left intentionally blank) Agreement No. PW 05-08-19 CSAH No. 15 & 19; C.P. 2151000 11 ___ IN TESTIMONY WHEREOF, the Parties hereto have caused this Agreement to be executed by their respective duly authorized officers and agree to be bound by the provisions herein set forth. CITY OF ORONO (Seal) By: Mayor Date: And: City Administrator Date: COUNTY OF HENNEPIN ATTEST: By: By:__________________________________ Deputy/Clerk of the County Board Chair of its County Board Date: Date: ________________________________ And: ________________________________ County Administrator Date: ________________________________ REVIEWED BY THE COUNTY ATTORNEY’S OFFICE: And:_________________________________ Assistant County Administrator, Public Works By: Date:________________________________ Assistant County Attorney Date: RECOMMENDED FOR APPROVAL By:_________________________________ County Highway Engineer Date:________________________________ RECOMMENDED FOR APPROVAL By:_________________________________ Department Director, Transportation Operations Date:________________________________ Agreement No. PW 05-08-19 CSAH No. 15 & 19; C.P. 2151000 12 ___ EXHIBIT “A” Engineer’s Estimate of quantities and unit prices and estimated Division of Cost Summary is not applicable to the Project. EXHIBIT “B” (Hennepin County Department of Public Works – Transportation Division: Recommended Urban Landscape/Streetscape Guidelines) (This space left intentionally blank) EXHIBIT "B" for Hennepin County Agreement EXHIBIT "B" for Hennepin County Agreement EXHIBIT "B" for Hennepin County Agreement EXHIBIT "B" for Hennepin County Agreement EXHIBIT "B" for Hennepin County Agreement EXHIBIT "B" for Hennepin County Agreement EXHIBIT "B" for Hennepin County Agreement EXHIBIT "B" for Hennepin County Agreement AGENDA ITEM Prepared By: JB Reviewed By: Approved By: 1.Purpose. The purpose of this action item is to gain Council approval of seasonal and part time employees. 2.Background. The hourly pay is proposed to be $12.00-$14.00 for the Golf Course Clubhouse Attendants, Brush Site Attendants, and Sledding Attendants; $12.00-$16.00 for Parks and Golf Course Maintenance Employees, $10.00-$16.00 for Utilities Maintenance Workers; and $15.00-$20.00 for the Clubhouse Manager. The Clubhouse Manager will be a part time employee. All other employees will be seasonal and fall under the 6 month PERA Classification and are therefore excluded from PERA membership. 3.Seasonal Employee Appointments and Candidates. Name Position Wage ($/hr) Remarks Approved Feb 22nd Marie Jorland Clubhouse Manager $20.00 Returnee Kimberley Haug Clubhouse Attendant $12.00 Returnee Calvin Schmidt Golf Course Maintenance $15.00 Returnee Chad Stowell Golf Course Maintenance $16.00 Returnee Ron Steffenhagen Golf Course Maintenance $15.00 Returnee Mitchell Hall Golf Course Maintenance $16.00 Returnee Paul Tolzmann Clubhouse Attendant $14.00 Returnee Scott Prochnow Clubhouse Attendant $14.00 Returnee Marshall Hambro Clubhouse Attendant $14.00 Returnee Approved March 8th Wendy Middendorf Clubhouse Attendant $14.00 Returnee Logan Reynalds Clubhouse Attendant $12.00 Returnee Lloyd Engler Golf Course Maintenance $12.00 Returnee Approved March 29th Zachary Conway Parks/GC Maintenance $14.50 New hire Vicki Hines Brush Site Attendant $12.00 New hire Approved April 12th Alex Collins Golf Course Maintenance $12.00 New hire Rebecca Anderson Utility Maintenance Worker $16.00 Returnee Lily Clark Brush Site Attendant $12.00 New hire Requesting approval May 10th Calvin Schmidt Golf Course Maintenance $15.50 Returnees – Wage Adjustment Ron Steffenhagen Golf Course Maintenance $15.50 Kimberley Haug Clubhouse Attendant $12.50 Logan Reynalds Clubhouse Attendant $12.50 Lloyd Engler Golf Course Maintenance $12.50 4.Staff Recommendation. Staff recommends approval to hire of the seasonal employees in Table 3. COUNCIL ACTION REQUESTED Motion to approve updating hourly wage rates for five seasonal workers as listed in the table above. Item No.: 6 Date: April 10, 2021 Item Description: Appointment of 2021 Seasonal Employees Presenter: Joey Brettingen Parks and Golf Course Superintendent Agenda Section: Consent Agenda AGENDA ITEM Prepared By: Correy Farniok Reviewed By: A.Carlson Approved By: AE 1. Purpose. The purpose of this action item is to gain approval to accept a donations. A donation of $200 from David and Diane Rogers was received in appreciation for officers performing house checks. Another donation of 10 Caribou and 10 McDonalds gift cards ($100 value) was received from Al and Mary Luehmann as a “big thank you for the frequently checking our home while we were gone”. 2. Background. The Police Department has received a $200 donation from David and Diane Rogers. David wants to thank the police officers for checking his residence and wants the $200 to be used to buy items for the police fitness area. The gift cards ($100 value) donated by the Luehmann’s will be used to provide refreshments to the police officers and the reserve officers that performed the house checks. 3. Staff Recommendation. I recommend approval to accept the $200 donation and the $100, in gift cards. COUNCIL ACTION REQUESTED Motion for approval to accept $200 donation from David and Diane Rogers and the $100 in gift cards from the Luehmann’s. Thank you for your kind and thoughtful donation. Item No.: 7 Date: May 10, 2021 Item Description: Approval to Accept Donations Presenter: Correy Farniok Police Chief Agenda Section: Consent Agenda AGENDA ITEM Prepared By: RJO Reviewed By: A.Carlson Approved By: 1. Purpose: To approve Amendment No. 3 to the Site Lease Agreement between the City and Cellco Partnership d/b/a Verizon Wireless. This amendment extends the agreement for up to three additional five-year terms beginning on January 1, 2022. 2. Background: The City and Verizon originally entered into a Site Lease Agreement July 9, 2001. The original agreement was amended in 2005 and again in 2019. The amendments involved leasing additional ground space and other operational matters. Amendment No. 3 to the Site Lease Agreement extends the original lease which is expiring on December 31, 2021 for up to 15 more years. In Addition to extending the lease, the amendment changes two other matters. The first is the annual inflator that rent increases have been calculated on. The original lease included an inflator of 5%. Based on historical inflation rates the tenant felt that a reduction in the inflator was warranted. Based on a survey or current leases between cities and communication companies performed by the Finance Department in 2018, an inflator of 3% is standard. The annual rent effective on January 1, 2022 is $46,890.76. The other change involves the tenant’s rights related to major maintenance to the tower that would interrupt the tenant’s use of the premises or operation of the equipment. Campbell Knutson has been involved in the negotiation of the contract. City staff is also comfortable with the contracts terms. 3. Staff Recommendation: Staff recommends approving Amendment 3 to the Site Lease Agreement with Cellco Partnership d/b/a Verizon Wireless. COUNCIL ACTION REQUESTED Motion to approve Amendment No. 3 to the Site Lease Agreement with Cellco Partnership. d/b/a Verizon Wireless. Exhibits A. Amendment No. 3 B. Original Contract (including Amendments 2 and 3) Item No.: 8 Date: May 10, 2021 Item Description: Verizon Tower Lease Extension Presenter: Ronald Olson Finance Director Agenda Section: Consent Agenda 4t MIN NAVARRE SITE LEASE AGREEMENT VERIZON WIRELESS TABLE OF CONTENTS Page 1.Leased Property and Premises 1 2.Rent 1 a) Amount, Adjustments 1 b) Time of Payment, Taxes 2 3.Governmental Approval Contingency 2 a) Tenant Application 2 b) Interference and Engineering Study 2 c) Non-approval 2 4.Terms and Renewals 3 5.Tenant's Use 3 a) User Priority 3 b) Purposes 3 c) Construction 4 d) Process for Additional Antennas 4 e) Notice of Repair by Landlord 4 f) Operation 5 g) Maintenance, Improvement Expenses 5 h) Updates 5 i) Drawings 5 j) No Interference 6 k) Access 6 1) Payment of Utilities 6 6.Emergency Facilities 6 7.Additional Maintenance Expenses 6 8.Advances in Technology 6 9.Additional Buildings 7 10. Defense and Indemnification 7 a) General 7 b) Hazardous Materials 7 c) Tenant's Warranty 7 d) Landlord's Warranty 8 385866/3 4 r MIN NAVARRE 11. Insurance 8 a) Workers' Compensation 8 b) General Liability 8 c) Automobile Liability 8 d) Tenant Property Insurance 9 e) Adjustment to Insurance Coverage Limits 9 f) Additional Insured-Certificate of Insurance 9 g) Waiver of Claims; Subrogation 9 h) Landlord's Insurance 9 12. Damage or Destruction 10 13. Lease Termination 10 a) Events of Termination 10 b) Notice of Termination 11 c) Tenant's Liability for Early Termination 11 d) Site Restoration 11 14. Limitation of Landlord's Liability 12 15. Temporary Interruptions of Service 12 16. Tenant Interference 13 a) With Structure 13 b) With Higher Priority Users and Pre-Existing Tenants 13 c) Interference Study—New Occupants 13 d) Interference -New Occupants 14 17. Assignment and Subletting 14 18. Utility Service 14 19. Condemnation 15 20. Default 15 21. Notices 15 22. Authority 15 23. Binding Effect 15 24. Complete Lease; Amendments 16 25. Governing Law 16 26. Limitation of Liability 16 27. Severability 16 28. Memorandum 16 385866/3 11 MIN NAVARRE SITE LEASE AGREEMENT HIS SITE LEASE AGREEMENT ( Lease )made this 9 day of/--- 2001,between City of Orono ("Landlord") and Verizon Wireless (VAW) LL d/b erizon Wireless ("Tenant"). For good and valuable consideration, the parties agree as follows: 1. Leased Property and Premises. Subject to the terms and conditions of this Lease, Landlord hereby leases to Tenant and Tenant leases from Landlord certain space on Landlord's Navarre water tower(hereinafter referred to as the "Tower" or the " Structure and space adjacent to the Tower, subject to any and all existing easements, (collectively referred to as the"Premises")together with a non-exclusive easement for reasonable access to Landlord's property and for adequate utility services, including sources of electric and telephone facilities on Landlord's property located at 2345 Blaine Avenue, Orono, Minnesota(the "Property") on a non-exclusive basis. The Property is legally described on Exhibit A attached hereto. The Premises on which antennas, connecting cables and appurtenances will be attached and located, and on which an equipment shelter will be located, the exact location of each to be reasonably approved by the Landlord, are described on Exhibit B attached hereto. The installation detail of the antennas, connecting cables and appurtenances, and of the equipment shelter/cabinets is described in Exhibit C attached hereto. Exhibits A, B and C are made a part hereof. 2.Rent. a) Amount,Adjustments. As a consideration for this Lease and in consideration of Tenant's intention to install no more than 6 antennas, Tenant shall pay Landlord an annual rent in the amount of$15,000 for the initial year, which shall be increased each year on January 1, commencing April 1, 2001,by the greater of: a) five percent (5%) of the previous year's annualized rental, or(b)by an amount equal to the increase in the Consumer Price Index ("CPI"). The CPI shall mean the "Consumer Price Index - for All Urban Consumers, All Cities, All Items 1982-84=100)" as published by the United States Department of Labor Statistics, or if such index shall be discontinued, the successor index, or if there shall be no successor index, such comparable index as mutually agreed upon by the parties. To determine the annual rental increase to be paid by Tenant under a CPI adjuster, the annualized rental for the previous year shall be multiplied by a percentage figure, computed from a fraction, the numerator of which shall be the CPI for the third quarter of the preceding year and the denominator of which shall be the CPI for the corresponding quarter of one year earlier. Such fraction shall be converted to a percentage equivalent. The resulting percentage figure shall be multiplied by the previous year's rent(annualized for the first year, see Paragraph 4 below). b) Time of Payment, Taxes. Landlord shall communicate all rental increases to the Tenant in writing by the preceding December 1 of each year. The annual rental shall be paid before January 1 of each year. For the first year, the rental shall be 385866/3 f, r MIN NAVARRE pro rated through December 31 and shall be paid to Landlord in full at the time Lease is executed. If the Tenant does not meet the requirements referenced in Subparagraph 3 (a)below by Der. 3 1 . 7001 , and Tenant has diligently pursued such requirements, Landlord shall refund to the Tenant all rental payments made by Tenant and this Lease shall terminate. In addition to the annual rental, Tenant agrees to timely pay its pro rata share of any taxes or payment in lieu of taxes required as a result of this Lease. c) If this Lease is terminated at any time other than on the last day of a month, Rent shall be prorated, based on a thirty day month, as of the date of termination, and in the event of termination for any reason other than nonpayment of Rent, or Tenant's default, all prepaid Rent shall be refunded to Tenant. 3.Governmental Approval Contingency. a) Tenant Application. Tenant's right to use the Leased Premises is expressly made contingent upon its obtaining the certificates,permits, zoning and other approvals that may be required by any federal, state or local authority. This shall include the engineering study specified in Subparagraph 3(b)below on the Structure to be conducted at Tenant's expense. Landlord shall cooperate with Tenant in its efforts to obtain and retain such approvals and shall take no action which would adversely affect the status of the Leased Premises with respect to the Tenant's proposed use thereof. b) Interference and Engineering Study. Before obtaining a building permit, Tenant must pay its share for the reasonable cost of(i) a radio frequency interference study carried out by an independent and qualified professional selected by the Landlord showing that Tenant's intended use will not interfere with any existing communications facilities and (ii) an engineering study showing that the Structure is able to support the Tenant's Communications Facilities, as defined in Subparagraph 5(b),without prejudice to the City's use of the Structure. If the study finds that there is a potential for interference that cannot be reasonably remedied or for prejudice to the Structure, Landlord or Tenant may terminate this Lease immediately and Landlord shall refund the initial rental to Tenant. c) Non-approval. In the event that any application necessary under Subparagraph 3(a) above is finally rejected or any certificate,permit, license, or approval issued to Tenant is canceled, expires, lapses, or is otherwise withdrawn or terminated by governmental authority so that Tenant, in its sole discretion, will be unable to use the Premises for its intended purposes, Tenant shall have the right to terminate this Lease and be reimbursed for the rental payment if made pursuant to Subparagraph 2(b) above. Notice of Tenant's exercise of its right to terminate shall be given to Landlord in writing by certified mail, return receipt requested, and shall be effective upon receipt of such notice by Landlord as evidenced by the return receipt. Except as required under Paragraph 10 and Subparagraph 13(d) 385866/3 2 MIN NAVARRE below, upon such termination, this Lease shall become null and void and the parties shall have no further obligations to each other. 4.Terms and Renewals. The term of this Lease shall be five years, commencing on April 1, 2001 (the"Commencement Date") and ending on December 31, 2006. The Commencement Date may be extended until the equipment listed in Exhibit C is installed. Tenant shall have the right to extend this Lease for three additional five-year terms ("Renewal Term"). This Lease shall terminate automatically fifteen years from the termination date of the initial term. The Renewal Term shall be on the same terms and conditions as set forth herein except for rental adjustments as provided in Paragraph 2, Rent, above. Tenant shall have elected to renew this Lease for a renewal term unless it gives Landlord written notice of its intention not to renew at least ninety(90) days prior to the expiration of the tern, commencing on January 1 following the expiration date of the Initial Term or of any subsequent Renewal Term. 5.Tenant's Use. a) User Priority. Tenant agrees that the following priorities of use, in descending order, shall apply in the event of communication interference or other conflict while this Lease is in effect, and Tenant's use shall be subordinate accordingly: i) Landlord; ii) Public safety agencies, including law enforcement, fire, and ambulance services, that are not part of the Landlord; iii) Other governmental agencies where use is not related to public safety; and iv) Government-regulated entities including"Tenant"whose antennae offer a service to the general public for a fee, in a manner similar to a public utility, such as long distance and cellular telephone, not including radio or television broadcasters. b) Purposes. Subject to the terms of this Lease, the Premises may be used by Tenant solely for the purposes of installing, removing, maintaining, and operating the Communications Facilities in accordance with Exhibits "B" and"C"including antennas, subject to such modification and alterations as may result from changes or improvements in technology or as may be necessary to conduct business collectively the "Communications Facility") and in accordance with the transmission and reception of wireless communication signals authorized for use by Tenant by the Federal Communications Commission("FCC"), such modifications and alterations shall be subject to Landlord's consent,which shall not be unreasonably withheld, conditioned, or delayed. Tenant shall use the Premises only for the purpose of installing, maintaining, and operating a Landlord-approved communications antenna facility, equipment, cabinets and an accessory building, and uses incidental thereto for providing radio and wireless telecommunication services which Tenant is legally authorized to provide to the public. This use shall be non-exclusive, and Landlord specifically reserves the 385866/3 3 MIN NAVARRE right to allow the Landlord's Property and the Tower to be used by other parties and to make additions, deletions, or modifications to its own facilities on the Property and the Tower. Tenant shall comply with all applicable ordinances, statutes and regulations of local, state and federal government agencies. Tenant, its agents and contractors, are hereby granted the right, at its sole cost and expense, to enter upon the Property and conduct such studies as Tenant deems necessary to determine the Property's suitability for Tenant's intended use. These studies may include surveys, soil tests, environmental evaluations, radio wave propagation measures, field strength tests and such other analyses and studies as Tenant deems necessary or desirable. c) Construction. The placement of the equipment shelter and the manner in which the antennas are attached to the Tower shall be subject to the prior approval of the Landlord, which shall not be unreasonably withheld. Tenant shall bear a prorated share of the cost of any additions to the Tower necessary to enable the Tower to accommodate the location of antennas and appurtenances to the Tower. Tenant may erect and operate a communications antenna facility in accordance with Exhibit C. Any damage done to the premises during installation shall be repaired at Tenant's expense within 30 days after written notification of the damage. d) Process for Additional Antennas. If Tenant seeks to increase the number of antennas beyond 6, it must first pay for an evaluation carried out by a qualified professional, retained by Landlord demonstrating that (i) each additional antenna will not interfere with existing antennas or with proposed antennas with a higher priority and that (ii) the Tower can structurally support the additional antennas. The cost of each evaluation must be paid by the Tenant within 30 days after receiving written notice of the cost. Landlord consent is required for installation of additional antennas; such consent will not be unreasonably withheld, conditioned or delayed, taking into consideration safety, adequate space on the Tower to accommodate additional antennas, and the structural capacity and integrity of the Tower. If Landlord consents, the parties will negotiate the amount of additional rental for the antennas. e) Notice of Repair by Landlord. Landlord agrees to give reasonable advance notice of any major repair or maintenance activities related to Tower operations. In the case of an emergency, notification is not required; however, Tenant will be notified as soon as possible of a recognized emergency. In the event that use of the Tower for water service, or use of the Tower to perform any necessary maintenance or repair, is interrupted or made impractical because of Tenant's antenna usage on the Tower, the City may interrupt Tenant's use of the Premises as reasonably necessary to prevent interruption of water service or interruption of maintenance and repair of the Tower. The City will use its best efforts to prevent or minimize interruptions to Tenant's use. 0 Operation. Tenant shall have the right, at its sole cost and expense, to operate and maintain the Tenant's Facilities on the Leased Premises. Tenant agrees to 385866/3 4 MIN NAVARRE install and operate equipment (Tenant's "Facilities"or"Communications Facilities") in compliance with all of Landlord's Technical Site Standards set forth on Exhibit D all FCC rules and regulations, and good engineering practices. Tenant's installation of all Communications Facilities shall be done according to plans approved by Landlord, which approval shall not be unreasonably withheld or delayed. Any damage done by Tenant to the Leased Premises or other Landlord property including the Tower during operations, shall be repaired at Tenant's expense within 30 days after notification of damage. The Communications Facilities shall remain the exclusive property of the Tenant. g) Maintenance, Improvement Expenses. All modifications to the Premises and all improvements made for Tenant's benefit shall be at the Tenant's expense and such improvements, including antenna, facilities and equipment, shall be maintained in a good state of repair, at least equal to the standard of maintenance of the Landlord's facilities on or adjacent to the Premises, and secured by Tenant. If Tenant's Communications Facilities are mounted on the Structure they shall, at all times, be painted, at Tenant's expense, the same color as the Structure. h) Updates. Before the Tenant may update the Communications Facilities, Tenant must notify and provide a detailed proposal to Landlord. Tenant shall submit to Landlord a detailed proposal for any such update of facilities and any other information reasonably requested by Landlord of such requested update, including but not limited to a technical study, carried out at Tenant's expense. Landlord may not unreasonably withhold, delay or condition approval taking into consideration safety, availability of adequate space on the Tower, and the structural integrity of the Tower. i) Drawings. Unless identical to previous specifications or drawings submitted to Landlord, Tenant shall provide Landlord with as-built drawings of the equipment and improvements installed on the Premises, which show the actual location of all Communications Facilities. Said drawings shall be accompanied by a complete and detailed inventory of all equipment,personal property, and Communications Facilities actually placed on the Premises. j) No Interference. Tenant shall, at its own expense, maintain any equipment on or attached to the Property and Premises in a safe condition, in good repair and in a manner suitable to Landlord so as not to conflict with the use of the Property and Tower by Landlord, Tenant shall not unreasonably interfere with the operations of any prior tenant using the Property and Tower and shall not interfere with the working use of the Tower. k) Access. Tenant, at all times during this Lease, shall have access 24 hours a day, seven (7) days a week to the ground portion of the Leased Premises in order to install, operate, and maintain its Communications Facilities, including additional rights of access, ingress and egress to and from the Leased Premises. Tenant shall have access to the Structure only with the approval of Landlord. Tenant shall request access to the Structure twenty-four(24) hours in advance, except in an 385866/3 5 MIN NAVARRE emergency, and Landlord's approval thereof shall not be unreasonably withheld or delayed or conditioned. In the event it is necessary for Tenant to have access to the Structure at some time other than the normal working hours of Landlord, Landlord may charge Tenant for whatever reasonable expense, including employees' wages, that Landlord may incur in providing such access to Tenant. 1) Payment of Utilities. Tenant shall separately meter charges for the consumption of electricity and other utilities associated with its use of the Leased Premises and shall promptly pay all costs associated therewith. 6.Emergency Facilities. In the event of a natural or manmade disaster, in order to protect the health, welfare, and safety of the community, Tenant may erect additional Communications Facilities and install additional equipment on a temporary basis on the Leased Premises to assure continuation of service. Such temporary operation shall not exceed 90 days unless Tenant obtains written approval from the Landlord, which approval shall not be unreasonably withheld. 7.Additional Maintenance Expenses. Upon notice from Landlord, Tenant shall promptly pay to Landlord all additional Landlord expenses incurred in maintaining the Premises and Property, including painting or other maintenance of the Tower, that are caused by Tenant's occupancy of the Premises and Property. 8.Advances in Technology. As consideration for the Landlord's agreement to allow extensions of the lease for a total of fifteen years beyond the original term; the Landlord may require, as technology advances and improved antennas are developed which are routinely used by Tenant in Tenant's business, the replacement of existing antennas with the improved antennas if the new antennas are more aesthetically pleasing or otherwise foster a public purpose, as long as the installation and use of the improved antennas are practical and technically feasible and offers equivalent performance at this location. 9.Additional Buildings. Tenant acknowledges that Landlord may permit additional buildings to be constructed on the Property described in Exhibit A. At such time as this may occur, Tenant will permit said buildings to be placed immediately adjacent to Tenant's building and will allow "attachments"to its building so as to give the appearance that all buildings are a connected facility. Said attachments will be made at no cost to Tenant and will not compromise either access to or the structural integrity or interfere with the utility of Tenant's building. 10. Defense and Indemnification. a) General. Tenant agrees to defend, indemnify and hold harmless Landlord and its elected officials, officers, employees, agents, and representatives, from and against any and all claims, costs, losses, expenses, demands, actions, or Causes of action, including reasonable attorneys' fees and other costs and expenses of litigation, which may be asserted against or incurred by Landlord or for which Landlord may be liable in the performance of this Lease, except those which arise from the negligence, willful misconduct, or other fault of Landlord. Tenant shall 385866/3 6 MIN NAVARRE defend all claims arising out of the installation, operation, use, maintenance, repair, removal, or presence of Tenant's Communications Facilities, equipment and related facilities on the Leased Premises. b) Hazardous Materials. Tenant agrees that it will not use, generate, store or dispose of any hazardous material on, under, about or within the Property in violation of any law or regulation. Without limiting the scope of Subparagraph 10(a) above, Tenant will be solely responsible for and will defend, indemnify, and hoed Landlord, its agents, and employees harmless from and against any and all claims, costs, and liabilities, including attorney's fees and costs, arising out of or in connection with the cleanup or restoration of the Premises and Property resulting from Tenant's use of Hazardous Materials. For purposes of the Lease, "Hazardous Materials" shall be interpreted broadly and specifically includes, without limitation, asbestos, fuel, batteries or any hazardous substance, waste, or materials as defined in any federal, state, or local environmental or safety law or regulations including, but not limited to, CERCLA. c) Tenant's Warranty. Tenant represents and warrants that its use of the Property and Premises will not generate and Tenant will not store or dispose of on the Property or Premises, nor transport to or over the Property or Premises, any Hazardous Materials, unless Tenant specifically informs Landlord thereof in writing twenty-four hours prior to such storage, disposal or transport, or otherwise as soon as Tenant becomes aware of the existence of Hazardous Materials on the Property or Premises. The obligations of this Paragraph 10 shall survive the expiration or other termination of this Lease. Notwithstanding the foregoing, Tenant shall be permitted to use in a legal manner, without further consent from Landlord, batteries, propane fueled, or diesel-powered generators ordinarily used as back-up power sources for Tenant's equipment, and petroleum products which are fully contained within motor vehicles. However, Tenant shall specifically inform Landlord in writing 24 hours prior to use of all hazardous material which will be employed in the construction and installation of Tenant's equipment and for the removal of such equipment. At the completion of the construction, installation or removal of such equipment, Tenant shall promptly notify Landlord that such materials have been legally used, and have not contaminated the Property. d) Landlord's Warranty. Landlord warrants that it has no knowledge of any hazardous materials which are stored or disposed of on the property inconsistently with any state or federal law as of the date of this lease. 11. Insurance. a) Workers' Compensation. The Tenant must maintain Workers' Compensation insurance in compliance with all applicable Statutes. The policy shall also provide Employer's Liability coverage with limits of not less than $500,000 385866/3 7 MIN NAVARRE Bodily Injury each accident, $500,000 Bodily Injury by disease, policy limit, and 500,000 Bodily Injury by disease, each employee. b) General Liability. The Tenant must maintain an occurrence form comprehensive general liability coverage. Such coverage shall include, but not be limited to, bodily injury,property damage--broad form, and personal injury, for the hazards of Premises/Operation, broad form contractual and independent contractors. The Tenant must maintain aforementioned general liability coverage with limits of liability not less than $1,000,000 each occurrence; $1,000,000 personal; 2,000,000 general aggregate, and $2,000,000 products and completed operations aggregate. These limits may be satisfied by the general liability coverage or in combination with an umbrella or excess liability policy, provided coverages afforded by the umbrella or excess policy are no less than the underlying general liability coverages. Tenant will maintain Completed Operations coverage for a minimum of two years after the construction is completed. c) Automobile Liability. The Tenant must carry Automobile Liability coverage. Coverage shall afford total liability limits for Bodily Injury Liability and Property Damage Liability at least in the amount of$1,000,000 per accident. The liability limits may be afforded under the Commercial Policy, or in combination with an Umbrella or Excess Liability Policy provided coverages afforded by the Umbrella Excess Policy are no less than the underlying Commercial Auto Liability coverage. Coverage shall be provided for Bodily Injury and Property Damage for the ownership, use, maintenance or operation of all owned, non-owned and hired automobiles. The Commercial Automobile Policy shall include at least statutory personal injury protection, uninsured motorists and underinsured motorists coverages. Failure to maintain the insurance as listed above will result in immediate termination of the Lease, and Tenant will be liable to the Landlord for 150% of the annual rent as called for in Paragraph 13(c). d) Tenant Property Insurance. The Tenant must keep in force during the term and any renewals of the Lease a policy covering damages to its property at the Leased Premises. The amount of coverage shall be not less than 90% of the full replacement cost of the Communication Facility. e) Adjustment to Insurance Coverage Limits. The coverage limits set forth herein shall be increased at the time of any Renewal Term by a minimum of the Consumer Price Index as calculated under Paragraph 2(a). If the increase would be less than 25%based on the consumer price index, the limits may be increased up to 25%based on the limits needed to provide adequate coverage. 385866/3 8 MIN NAVARRE f) Additional Insured -Certificate of Insurance. The Tenant shall provide, prior to tenancy, evidence of the required insurance in the form of a Certificate of Insurance issued by a company authorized to do business in the state of Minnesota, which includes all coverages required in this Paragraph 11. Tenant will list Landlord as an Additional Insured on the General Liability and Commercial Automobile Liability Policies. The Certificate(s) shall also provide the coverage may not be canceled, non-renewed, or materially changed without thirty(30) days' prior written notice to Landlord. Tenant may self-insure provided Tenant demonstrates financial capability, sufficient to meet any claims, equivalent to an insurance company rated A- or better by Best Insurance Guide. If Tenant self-insures, Verizon Wireless will issue a Certificate of Insurance, for the limits set forth in the lease, meeting the requirements listed above. g) Waiver of Claims; Subrogation. Each of Landlord and Tenant hereby releases the other from any and all liability or responsibility to the other or anyone claiming through or under it by way of subrogation or otherwise for any loss or damage that may occur to the Property or any improvements thereto, or the Tower or any improvements thereto, or any property of such party therein,by reason of fire or any other cause which could be insured against under the terms of standard fire and extended coverage (all-risk) insurance policies, regardless of cause or origin, including fault or negligence of the other party hereto, or anyone for whom such party may be responsible. Each party shall cause each insurance policy obtained by it to state that the insurer waives all right of recovery by way of subrogation against either party hereto in connection with damage covered by such policy. The releases in this paragraph shall be effective whether the loss was actually covered by insurance. Tenant assumes all risk of loss or damage to Tenant's property or leasehold improvements within the Property, including any loss or damage caused by water leakage, fire windstorm, explosion, theft, act of any other tenant, or other cause. Landlord shall not be liable to Tenant, or its employees, for loss or damage to any property in or at the Property, the Premises, or the Tower. h) Landlord's Insurance. Landlord will maintain property insurance at replacement cost and comprehensive general liability coverage. 12. Damage or Destruction. If the Premises is destroyed or damaged, without contributory fault of the Tenant or its agents, so as, in the reasonable judgement of the Tenant, to hinder its effective use of the Communications Facilities, as set out in Exhibits B and C, Tenant may elect to terminate this Lease upon 30 days' written notice to Landlord. In the event Tenant elects to terminate the Lease, Tenant shall be entitled to reimbursement of prepaid rent covering the period subsequent to the date of damage to or destruction of the Leased Premises. 385866/3 9 MIN NAVARRE 13. Lease Termination. a) Events of Termination. Except as otherwise provided herein, this Lease may be terminated without penalty or further liability upon sixty(60) days' written notice to the other party as follows: i) by either party upon a default of any covenant or term hereof by the other party, which default is not cured within sixty(60) days of receipt of written notice of default to the other party(without, however, limiting any other rights of the parties pursuant to any other provisions hereof); ii) by Tenant for cause if it is unable to obtain or maintain any license,permit or other governmental approval necessary for the construction and/or operation of the Communications Facilities or Tenant's business; iii) by Tenant for cause if the Leased Premises is or becomes unacceptable for technological reasons including without limitation shadowing or interference under Tenant's Communications Facilities, design or engineering specifications or the communications systems to which the Communications Facilities belong; iv) by Landlord in the event that as the result of an independent study,paid for by Tenant, it is determined that the use of the Tower for water service is jeopardized because of antenna usage on the Tower; v) by Landlord, upon 180 days' prior written notice to Tenant if its Council decides, for any reason, to redevelop the Leased Premises in a manner inconsistent with continued use of the Leased Premises by Tenant and/or discontinue use of the Structure for all purposes; vi) by Landlord if it determines that the Structure is structurally unsound, including,but not limited to, consideration of age of the Structure, damage or destruction of all or part of the Structure on the Leased Premises from any source, or factors relating to condition of the Leased Premises; vii) by Landlord if it determines that a potential user with a higher priority under Subparagraph 5(a) above cannot find another adequate location, or the Tenant's Facilities unreasonably interfere with another user with a higher priority, regardless of whether or not such an interference was predicted in the initial interference study that was part of the application process and Tenant is unable to correct the interference within the sixty 60) day notice period. viii) by Landlord if it reasonably determines that Tenant has failed to comply with applicable ordinances, or state or federal law, or any conditions attached to government approvals granted thereunder, after a public hearing before the Landlord's Council. 385866/3 10 MIN NAVARRE b) Notice of Termination. The parties shall give Notice of Termination in writing by certified mail, return receipt requested. Such Notice shall be effective upon receipt as evidenced by the return receipt, or such later date as stated in the Notice. Except as otherwise provided herein, all rentals paid for the Lease prior to said termination date shall be retained by Landlord. c) Tenant's Liability for Early Termination. If Tenant terminates this Lease other than of right as provided in this Lease, Tenant shall pay to Landlord as liquidated damages for early termination, 150% of the annual rent for the year in which Tenant terminates, unless Tenant terminates during the last year of any Term under Paragraph 3 and Tenant has paid the annual rental for that year. Landlord agrees that liquidated damages under this paragraph shall be Landlord's sole remedy for Tenant's early termination. d) Site Restoration. Upon termination of this Lease, Tenant shall, within ninety 90) days thereof, remove all of its equipment from the Premises, and its transmission lines and antennas from the Tower. Tenant, at its expense, agrees to return the property and Premises including the Tower surface where Tenant's Communications Facilities have been to their original condition, ordinary wear and tear excepted. If Tenant fails to remove its property within such ninety-day period, Landlord shall have the right to remove the same and place it in storage. Tenant may notify Landlord that an entity or entities have an interest in the Communications Facilities and related equipment because of financing arrangements. If Landlord removes the Communications Facilities or related equipment, Landlord shall give written notice to the entities at the addresses provided by Tenant, if any, informing them that the Communications Facilities or related property have been removed and will be deemed abandoned if not claimed and the storage fees and other reasonable costs paid within ninety days. If the property is not claimed, Tenant shall pay Landlord's storage, removal and moving costs. Any of Tenant's property remaining on the Premises, the Tower or in storage, one hundred twenty(120) days after the expiration or the termination of this Lease shall become the property of Landlord free of any claim by tenant or any person claiming through tenant. 14. Limitation of Landlord's Liability. If Landlord terminates this Lease other than as of right as provided in this Lease, or Landlord causes interruption of the business of Tenant other than as of right as provided in this Lease, or for any other Landlord breach of this Lease, Landlord's liability for damages to Tenant shall be limited to the actual and direct costs of equipment removal, relocation or repair, reimbursement of all prepaid rent and shall specifically exclude any recovery for value of the business of Tenant as a going concern, future expectation of profits, loss of business or profit or related damages to Tenant. In no event shall Landlord be liable for damages in excess of limits in State law on municipal liability. Nothing herein shall prevent Tenant from maintaining an action for injunctive or other equitable relief. 15. Temporary Interruptions of Service. If Landlord determines that continued operation of the Communications Facilities would cause or contribute to an immediate threat to 385866/3 1 1 MIN NAVARRE public health and/or safety (except for any issues associated with human exposure to radio frequency emissions, which is regulated by the federal government), Landlord may order Tenant to discontinue its operation. Tenant shall immediately comply with such an order. Service shall be discontinued only for the period that the immediate threat exists. If Landlord does not give prior notice to Tenant, Landlord shall notify Tenant as soon as possible after its action and give its reason, for taking the action. Landlord shall not be liable to Tenant or any other party for any interruption in Tenant's service or interference with Tenant's operation of its Communications Facilities, except as may be caused by the willful misconduct of the Landlord, its employees or agents. If the discontinuance extends for a period greater than three days, either consecutively or cumulatively, Tenant shall have the right to terminate this Lease within its sole discretion for cause and without payment of any early termination fee or other damages. 16. Tenant Interference. a) With Structure. 'Tenant shall not interfere with Landlord's use of the Structure and agrees to cease all such actions which unreasonably and materially interfere with Landlord's use thereof no later than three business days after receipt of written notice of the interference from Landlord, In the event that Tenant's cessation of action is material to Tenant's use of the Leased Premises and such cessation frustrates Tenant's use of the Leased Premises, within Tenant's sole discretion, Tenant shall have the immediate right to terminate this Lease for cause and without payment of any early termination fee or other damages. b) With Higher Priority Users and Pre-Existing Tenants. If Tenant's Communications Facilities cause impermissible interference with higher priority users as set forth in under Subparagraph 5(a) above or with pre-existing tenants, Tenant shall take all measures necessary to correct and eliminate the interference. If the interference cannot be eliminated within 24 hours after receiving Landlord's notice of the interference, Tenant shall immediately cease operating Communications Facilities and shall not reactivate operation, except intermittent operation for the purpose of testing, until the interference has been eliminated. If the interference cannot be eliminated within 30 days after Tenant received Landlord's written notice, Landlord or Tenant may at its option terminate this Lease immediately. It is further agreed that the Landlord in no way guarantees to Tenant noninterference to the operation of Tenant's equipment; provided, however, that Landlord will use its best efforts to notify other users of interference, and to coordinate elimination of interference among site users. If Tenant clearly demonstrates the primary cause of the interference to be the property of Landlord or another user, Landlord will notify the other user to eliminate the interference within 24 hours or cease using the equipment causing the interference. Prior to adding additional transmitter or receiver frequencies on the premises, Tenant agrees to notify the Landlord of the modified frequencies so that the Landlord can perform the necessary interference studies to insure that the 385866/3 12 MIN NAVARRE modified frequencies will not cause harmful radio interference to other existing Tower leases. Tenant will be required to pay the reasonable costs for said study which will be performed by Landlord's registered professional communications engineer. In the alternative, Tenant may perform the interference studies and submit the results to the City. However, the City, in its sole discretion, shall retain the right provided herein to submit the study results to its registered professional communications engineer for review at Tenant's expense. c) Interference Study—New Occupants. Upon written notice by Landlord that it has a bona fide request from any other party to lease an area including or in close proximity to the Leased Premises ("Leased Premises Area"), Tenant agrees to provide Landlord, within sixty(60) days, the radio frequencies currently in operation or to be operated in the future of each transmitter and receiver installed and operational by Tenant on the Leased Premises at the time of such request. Landlord shall then have an independent, registered professional engineer of Landlord's choosing,perform the necessary interference studies to determine if the new applicant's frequencies will cause harmful radio interference to Tenant. Landlord shall require the new applicant to pay for such interference studies, unless the Landlord or other higher priority user requests the use. In that event, the Tenant and all other Tenants occupying the Leased Premises Area shall pay for the necessary interference studies, pro rata. d) Interference - New Occupants. Landlord agrees that it will not grant a future lease in the Leased Premises Area to any party who is of equal or lower priority to Tenant, if such party's use is reasonably anticipated to interfere with Tenant's operation of its Communications Facilities. Landlord agrees further that any future lease of the Property will prohibit a user of equal or lower priority from interfering with Tenant's Communications Facilities. Landlord agrees that it will require any subsequent occupants of the Leased Premises Area of equal or lower priority to Tenant to provide Tenant these same assurances against interference, Landlord shall have the obligation to eliminate any interference with the operations of Tenant caused by such subsequent occupants. If such interference is not eliminated, Tenant shall have the right to terminate this Lease or seek injunctive relief against the interfering occupant, at Tenant's expense. If Tenant terminates this Lease because of such interference, Landlord shall reimburse all prepaid rent covering the period subsequent to the date of termination. 17. Assignment and Subletting. Tenant may not assign, or otherwise transfer all or any part of its interest in this Lease or in the Premises without the prior written consent of Landlord; provided, however, that Tenant may assign its interest to its parent company, any subsidiary or affiliate of it or its parent company or to any successor-in-interest or entity acquiring fifty-one percent (51%) or more of its stock or assets, subject to any financing Agreement upon written notice to Landlord, subject to the assignee assuming all of Tenant's obligations herein, including but not limited to, those set forth above. Notwithstanding anything to the contrary contained in this Lease, Tenant may assign, mortgage, pledge, hypothecate or otherwise transfer without consent its interest in this Lease to any financing entity, or agent on behalf of any financing entity to whom Tenant 385866/3 13 MIN NAVARRE i)has obligations for borrowed money or in respect of guaranties thereof, (ii)has obligations under or with respect to letters of credit, bankers acceptances and similar facilities or in respect of guaranties thereof. 18. Utility Service. Tenant agrees to timely pay for and install all required utility services and meters. Payment for electric and/or telephone service for Tenant's Communications Facilities shall be Tenant's responsibility without any adjustment to rent. The Landlord shall not be responsible for any damages which occur as a result of interruption of utility services. Installation of utility services are subject to City approval as to siting. 19. Condemnation. In the event the whole of the Leased Premises is taken by eminent domain, this Lease shall terminate as of the date title to the Leased Premises vests in the condemning authority. In event a portion of the Leased Premises is taken by eminent domain, and such taking materially interferes with the ability of either party to meet its obligations or exercise its rights under this Lease, either party shall have the right to terminate this Lease as of said date of title transfer, by giving thirty(30) days' written notice to the other party. In the event of any taking under the power of eminent domain, Tenant shall not be entitled to any portion of the reward paid for the taking and the Landlord shall receive full amount of such award. Tenant hereby expressly waives any right or claim to any portion thereof. Although all damages, whether awarded as compensation for diminution in value of the leasehold or to the fee of the Leased Premises, shall belong to Landlord, Tenant shall have the right to claim and recover from the condemning authority, but not from Landlord, such compensation as may be separately awarded or recoverable by Tenant on account of any and all damage to Tenant's business and Tenant Facilities and any costs or expenses incurred by Tenant in moving/removing its equipment, personal property, Communications Facilities, and leasehold improvements and Tenant shall receive the full amount of such reward. 20. Default. Except as expressly limited hereby, Landlord and Tenant shall have such remedies for the default of the other party hereto as may be provided at law or equity following written notice of such default and failure to cure the same within thirty(30) days. 21. Notices. All notices hereunder must be in writing and shall be deemed validly given if delivered personally or if sent by certified mail, return receipt requested, addressed as follows (or any other address that the party to be notified may have designated to the sender by like notice): If to Landlord, to: City of Orono P.O. Box 66 Crystal Bay, MN 55323 If to Tenant, to: Verizon Wireless Attn: Network Real Estate 180 Washington Valley Rd. Bedminster,NJ 07921 385866/3 14 MIN NAVARRE 22. Authority. Each of the individuals executing this Lease on behalf of the Tenant or the Landlord represents to the other party that such individual is authorized to do so by requisite action of the party to this Lease. 23. Binding Effect. This Lease shall run with the Leased Premises. This Lease shall extend to and bind the heirs, personal representatives, successors and assigns of the parties hereto. 24. Complete Lease; Amendments. This Lease constitutes the entire agreement and understanding of the parties and supersedes all offers, negotiations, and other agreements of any kind. There are no representations or understandings of any kind not set forth herein. Any modification of or amendment to this Lease must be in writing and executed by both parties. 25. Governing Law. This Lease shall be construed in accordance with the laws of the State of Minnesota. 26. Limitation of Liability. Nothing in the Lease shall be deemed a waiver of any limitation of liability or defenses under Minnesota Statutes Chapter 466 or any other provision of law. 27. Severability. If any term of this Lease is found to be void or invalid, such invalidity shall not affect the remaining terms of this Lease, which shall continue in full force and effect. 28. Memorandum. Upon request by either party, the parties agree to promptly execute and deliver a recordable Memorandum of this Lease in a form acceptable to both parties which may be recorded by the party requesting the Memorandum of Lease. IN WITNESS WHEREOF, the parties hereto have set their hands and affixed their respective seals the day and year first above written. LANDLORD: City of Orono By: /6,04....C: Its Mayor or, By:Cfc' Its City Ad 'nistrator 385866/3 15 MIN NAVARRE TENANT: Verizon Wireless (VAW) LLC, d/b/a Verizon Wireless By: Cellco Partn- ' '1, its Single Member By: 44 Its ' ..a: 1!c, VP- taw- 7 STATE OF MINNESOTA ss. COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me this;,y day of 10:. 2001, by rbc Pefe rs c°n the r and hon /-/ c o r e , the C, ft 'd mi s fraxh f the City of Orono, a Minnesota municipal corporation, on behalf of said municipal corporation. Subscribed and sworn to before me LINDA S.VEE this Ati-),day of /OA y 2001. NOTARY PUeUC•M NNESOTA Ay Commibn Expires Jen.31,2005 ti Notary Public STATE OF 1 1-1-11J0 IS ss. COUNTY OF MO11-- The foregoing instrument was acknowledged before me this l day of J1JC 2001,by IYll l_ IZ/ the VP NE wv4-4—of Cellco Partnersl4ip, the Single Member of Verizon ireless (VAW) LLC, d/b/a/Verizon Wireless, a limited liability company, on behalf of said limited liability company. Subsbe and s : 7N.2 AMU eei,n. ex.6.a0140.3•=itt.P71..".) MIN NAVARRE EXHIBIT A Legal Description of the "Property" That part of Lot 5, Block 9, Townsite of Langdon Park commencing at a point on the Easterly line thereof 495 feet North of the Southeast corner, thence Westerly 132 feet parallel to the South line thereof, thence Southerly 200 feet parallel with the Easterly line thereof, thence Easterly 132 feet parallel with the South line thereof, thence Northerly 200 feet along the East line thereof to the point of beginning. 385866/3 17 A 1f thcow till J4 Rt99.ig rl 82 N : I N Z CZ yRpy L y,I CE)$Z•.2 ZA R° 0 rim i-4 32.2 mnis-ar Amor _ 1 6,?, T A r Z SO " 0 ! t o 9 g i (jj 1. .9. t .,. e no 1 Cri st4"' Iy Z 6 Eldyn111+ A e`' n tC Y io + ae1Nv Qg 1 ITER a i :1 II21r7 iail 26.4 T•' .4110."° c:.. !ail 04 03.0 1 = BLAINE AVENUE DI o 8 m N C0ln x rnzZm 0 D C N V1 r 0 n -o Zn EMU Min OM .11....m.... Allk0 1.7:J rTi I z n D IJ p- m Z ' mD Clig O1 Z Z m le DDr-4 NN 0 ZQ n A OlDCiNStI M O z a 8t64 m I 1. I . 0 a is a CI m 0 Fn 0 ag m oOtrOs 134 F 3 $ g1Y^ ,At r o A o" A 1a s x x .,STA" z a mNm rO r-zrr •1(ni 0N o 5, O m R Q x >mV-(3I- rit mm <S m Y A D oz p EXHIBIT a rn* y1 I`1 N 1 3 Z wR R SHEET CONTENTS: PROJECT: te+auxal DESIGN© "" -.....,.....--N 1 Y MIN NAVARRE 0I'eINEMEF- . d o 2345 BLAINE AVE 1"" a JAM'S ORONO, MN 55391 vera n wireless ^M"'M .o.• Tse ,,,Q I— Ill 9 4. 1 ill II rr-- I :.111. 1 a 0 ..I.....7......,..,.....;: iffri 4. MSIMMIHInui i ;, % iRi 1.-.T. 10111111!I; e ki er o e 11 l' oz 01)tii i e A of 1111 i g....T.-aJ o IClill'i i RIi20 b C o N F Y w 9 rill 1 Fa FS Fill Er0.5 F.;.26C,110.2#.2.2151n1.12.212 02 01110-26 Iilli ZliO 7H11 aii 1F1!11R2 I { [ EXHIBIT i;gao{,oz. r i ill 1 i4SHEETCONTENTS: PROJECT: 2540325M ter. ` 1 ""ON5 MIN NAVARRE DESIGN© a noon PLAN 2345 BLAINE AVE Ptak '. .~. - --- Awa imtLa« E. t Fou"°"oc cross uc"°" Verl On wireless asORONO, MN 55391 ii CS MIN NAVARRE EXHIBIT C The installation detail of the antennas, connecting cables and appurtenances, and of the equipment shelter/cabinets is to be reasonable approved by Landlord and attached hereto. 385866/3 r TECHNICAL I12INIMUM SITE STANDARDS City of Orono,Minnesota Communications Sites Water Tower Antenna Site BY Jolm R DuBois P.E.,Phil Devanber 1996 1: Alt equipment must be housed in au RF tib metal enclosure that provides at least 60 db of attenuation to any internal RF signals. Desk-top base stations and open racks cannot be used without special approval;additional shielding kits may be required. 2. At least 60 db of isolation for 450 MHZ,800 MHZ,900 MHZ and 1800-2000 MHz transmittersand 30 db of isolation for 150 MHZ and 40 MHZ transmitters must be provided; a harmonic filter must be provided on the transmitters between the antenna and any ferrite device used. Additional filtering and isolation may be required and will be considered on a case-by-case basis. 3. Maximum transmitter power allowed into the antenna feed line will be 110 watts per transmitter. (Higher power levels will be considered on a case-by-case basis;additional protective devices may be required.) 4. Only jacketed copper Heliax cable will be permitted for transmission line at the site. All on-site intercabling must use RG/9,RG/142,RG/214 or 1/2 inch Superflex. RG/8 or arty other single shielded cable will not he allowed 5 Proposed transmitters that will cause second order,third order or fifth order intermodulation products on existing receiver frequencies will not be permitted on the site. A receiver with the same frequency as an existing second order, third order or fifth order intermodulation product at the site,will not be permitted on the site. 6. All transmitters shall be equipped with band-pass cavities that will provide at least the following attenuation of side band noise,if needed: 40 MHZ band: 50 db at 1 MHZ 150MHZ band: 50dbat1.5MpiZ 450 MHZ band: 50 db at 2$MHZ 800/900 MHZ ban& 50 db at 10 MHZ 1800 MHz Microwave: 50 db at 20 MHZ 7 Each cabinet must be identified by the owner's name,address and FCC station license;it also must have the name and telephone number of the responsible service agency. 8. Prior to approving any application for antenna space at the site,an engineering study will be conducted by the Communications Consulting Engineer for the City of Orono,consisting of at least the following items: a. Intermodulation interference(IM)calculations of all transmitters and receivers known to exist in the area at time of application. (Study will inehtdc 2nd,3rd and 5th order IM terms,and A+BB.C,three-product terms.) b. Transmitter noise and receiver desensing calculations of all equipment at the site. c. Analysis of best equipment and antenna locations at the site. d. Analysis of AC power requirements. e. Report to prospective site user regarding application. EXHIBIT tla MIN—Navarre AMENDMENT NO. 1 TO SITE LEASE AGREEMENT This Amendment No. 1 (hereinafter "Amendment") to that Site Lease Agreement dated July 9, 2001 ("Lease") by and between the City of Orono (hereinafter "Landlord") and Verizon Wireless (VAW) LLC d/b/a Verizon Wireless (hereinafter "Tenant") is hereby made a part of and incorporated into the Lease. 1.Modifications to the Lease. A. The Lease is amended to allow an installation as described in Exhibit C-2, which is attached hereto and made a part hereof. B. The reference to 6 antennas in Section 2 shall be changed to 12, and Rent for 2005 shall be increased to $20,400.00 per year commencing April 1, 2005. This Rent amount shall be increased on an annual basis, according to the terms of the Site Lease Agreement. Tenant shall pay Landlord $1625.94 for the period from April 1, 2005 to December 31, 2005, on or before May 15,2005. 2.Ratification of Lease. Except as expressly set forth herein, all other terms and conditions of the Lease shall remain unmodified and in full force and effect, and the parties hereby confirm and ratify such terms and conditions and agree to perform and comply with the same. LANDLORD: TENANT: City of Orono,a m . ipal corporation Verizon Wireless (VAW) LLC d/b/a Verizon Wireless By: 4-4 Off 1.-e170 Name: Barbara Peterson By: Its: Mayor Name: Howard H. Bower By:Its: Midwest Area Vice President-Network Name: Ron Moorse Its: City Administrator 4/ (efo, Date: Date: 01 Grp h Lg LoaS MIN NAVARRE AMENDMENT NO. I ACKNOWLEDGMENTS LANDLORD'S ACKNOWLEDGMENT STATE OF MINNESOTA ss. COUNTY OF HENNEPIN On this 21 day of ill acc-in 200 , before me, the undersigned, a Notary Pubic in and for the State of Minnesota, duly commissioned and sworn, personally appearedPublic e1-ecst ) and fan Mooes-e- to me known to be the Mayor and City Administrator of the City of Orono, the municipal corporation that executed the foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of the corporation for the uses and purposes therein mentioned, and on oath stated that they are authorized to execute the said instrument. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. wpm ---- '", ,-.--,-......-...- 1.lf Print or Type Name: KRISTI B.ANDERSON ti yp k r I s/` 8. ftntiers0 h 4 NOTARYPUBUC-MINNESOTA ti Notary Public in and for the State of MN t Residing at Orono, ,'n 1MyCommissipnExpiresJan.31,2007 i-7-;,,,,,,,,...,,,,,,,....- --,-- _,,,`,,- "" ti My appointment expires: Tan . 3/J Z o Q 7 TENANT'S ACKNOWLEDGMENT STATE OF INDIANA ss. COUNTY OF HAMILTON ) On this / ' day ofe. ( /200C, before me, the undersigned, a Notary Public in and for the State of Indiana, duly commissioned and sworn, personally appeared Howard H. Bower, to me known to be the Midwest Area Vice President-Network of Verizon Wireless VAW) LLC d/b/a Verizon Wireless, that executed the foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of Verizon Wireless (VAW) LLC d/b/a Verizon Wireless, for the uses and purposes therein mentioned, and on oath stated that he is authorized to execute the said instrument. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. Print ame: /4 de . 4 QS4 Notary Public in and for the State of Indiana residing at /-71-gm i/f0? C • My appointment expires:1 c / W. !- 26/a MIN NAVARRE AMENDMENT NO. 1 2 Exhibit C-2 (Page 1 of 2) 1108.6' AMSL gli, 145' AGL STRUCTURE HEIGHT Y" SECTOR 2) EXISTING 8' PANEL ANTENNAS 2) PROPOSED 4' PANEL ANTENNAS EXISTING "Z" SECTOR 1) 8' PANEL ANTENNA 1079.1' AMSL 115'6" AGL 1076.82' AMSL 113'2 5/8" AGL r 7y 'I TIP OF EXISTING ANTENNASsrPROPOSEDANTENNATIPHEIGHTIIIi 1 1074.85' AMSL 111'3" AGLIIsrEXISTINGANTENNA q1074.85' AMSL ib 111'3" AGL Ili PROPOSED ANTENNA CL EXISTING "Z" SECTOR COAX RUN--\ 1) 8' PANEL ANTENNA RELOCATED, SEE PLAN I PROPOSED "Z" SECTOR 2) 4' PANEL ANTENNAS COAX STRAPS— SEE PLAN 48" 0.C. N I I I 1 III I OELEVATION SCALE:NONE 963.6' AMSL S, g °PROJECT: IV - MIN DESIGN o 9< t] sNAVARREEVDO N N 2345 BLAINE AVE J8NECRoeE1Uwv1. A g mORONO, MN 55391 K' FAX 11,EC, MIN NAVARRE AMENDMENT NO. 1 Exhibit C-2 (Page 2 of 2) 2w4gq §§§§ / k rn\\\\ /\r pppp rn ) QM Z 13 ` t I— ZZ\ xo\ 1' 4t 2 2 j \ m g IN z ) w4 l i I2 N c 7f gmo g 4 2 } 04 34 11110 Illi i 4' Y-0" `s«r R AV iI / r -Q ! -A. V9 Zpli Et; 5x° 70z §02 0M 4 o ) D PROJECT: MIN DESIGN 9 !NAVARRE EVDO 2345 BLAINE E Rawe.A1AOBE( PM 90542011 FAX 90141212 A/CHUM RT ORONO,MN sem MIN NAVARREAMENDMENT NO. 1 4 it.' 0.4„, 1.'/O ., 0 \'\ 4-,..,:-E,,,_. il CITY of ORONOii; ly+ tz-,, p4/,/ii 4. R-4 Municipal Offices6" Street Address: Mailing Address:lk,,630 -2750 Kelley Parkway P.Q. Box 66 Orono, MN 55356 Crystal Bay, MN 55323-0066 March 25, 2009 Re 'if tJ 4/41 Matt Collins 4709 Unwired Consulting, Inc. C7TYOE 2163 Zeb Watts Rd. OaA/ O Taylorsville, NC 28681 Dear Mr. Collins: At the February 9, 2009 Council meeting,the Orono City Council approved"Amendment No. 2 to Site Lease Agreement"and the signed documents were sent to your attention on February 11,2009. Please destroy the previous documents and replace with the enclosed documents which include exhibits. These documents have been signed by the authorized city officials. Please return one copy of the fully executed Agreement to my attention. If you have any questions, please contact me at 952-249-4602. Sincerely, 11-. y i. ,itA9 -.4'. / Lin Vee 1;6CityClerkPMrflN24144444441:e, i . Enc. 1 r Ake- rOF 4 7le,#I0 /:V 7/0"- 701_ 6,9z- Z, -e-2-- Telephone(952)249-4600 • Fax(952)249-4616 i•i Moss & Barnett A Professional Association June 17, 2009 VIA FEDEX OVERNIGHT Matt Collins Buell Consulting, Inc. 2136 Zeb Watts Road Taylorsville, NC 28681 Re: MINC Navarre Our File No.: 65302.213558 Dear Mr. Collins: Enclosed please find a fully executed original Amendment No. 2 to Site Lease Agreement. This document is being sent to you for distribution. Also enclosed is a copy of the fully executed Memorandum of Amendment No. 2 to Site Lease Agreement that will be sent for recording. Thank you for your assistance. Should you have any questions, please feel free to contact us. Very truly yours, iM2/ Tamara L. Serna Legal Assistant 612) 877-5351 SernaT@moss-barnett.com Enclosures cc: Ms. Michelle Harren (w/enclosure) 1405630v1 4800 WELLS FARGO CENTER 90 South Seventh Street Minneapolis, MN 55402-4129 P:612-377-5000 F:612-877-5993 W:moss-barnett.com SITE NAME:MINC Navarre SITE NUMBER: AMENDMENT NO. 2 TO SITE LEASE AGREEMENT This AMENDMENT NO. 2 TO SITE LEASE AGREEMENT ("Amendment") is made this it day of 2009, by and between the City of Orono ("Landlord") and Verizon Wireless (VAW) LL'C d/b/a Verizon Wireless ("Tenant"), with its principal offices located at One Verizon Way, Mail Stop 4AW 100, Basking Ridge, New Jersey, 07920 (telephone number 866-862-4404), with reference to the facts set forth in the Recitals below: RECITALS A. Landlord and Tenant are parties to a Site Lease Agreement, dated July 9, 2001, as amended by Amendment No. 1 to Site Lease Agreement, dated April 18, 2005 (collectively, the Agreement"), whereby Landlord has leased a portion of Landlord's Property (as defined in the Agreement) to Tenant for the purposes of installing, removing, maintaining, and operating a communications facility. The initial term of the Agreement expired on December 31, 2006. If fully extended, the term of Agreement is currently scheduled to expire on December 31, 2021. B. Landlord and Tenant desire to amend the Agreement to (i) provide additional ground space for Tenant to place an emergency power generator, (ii)provide for an increase in the annual rent payable to Landlord under the Agreement for the additional ground space, and (iii) revise the assignment language. AGREEMENT NOW, THEREFORE, in consideration of the facts contained in the Recitals above, the mutual covenants and conditions below, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1. ADDITIONAL GROUND SPACE. The Agreement is hereby amended to provide for additional ground space ("Proposed Tenant Lease Area") for an emergency power generator as shown on the attached Exhibit B-2 together with the right and sufficient space for the installation and maintenance of wires, cables, conduits and pipes running between the existing Lease Area and the Proposed Tenant Lease Area and the right to install, maintain, replace and repair a gas service line under and along a right of way extending from a public right-of-way to the Proposed Tenant Lease Area. 2. INCREASED RENT. Pursuant to the Agreement, the annual rent is paid annuallybeforeJanuarylst of each year. As consideration for the additional generator ground space, commencing on the first day of the month following the start of construction ("Increased Rent Commencement Date"), the annual rent shall be increased by Two Thousand Four Hundred andMINCNavarre Amendment No.2 to Site Lease Agreement 1259062v1 1 No/100 Dollars ($2,400.00)per year; however, the increase for 2009 shall be prorated. Landlord and Tenant shall acknowledge in writing the Increased Rent Commencement Date, and Tenant shall pay the prorated increase in annual rent for 2009, based on the number of months from the Increased Rent Commencement Date through the end of 2009, within thirty (30) days after the written acknowledgement. Landlord and Tenant agree that the Agreement is hereby amended to delete the annual CPI increase in paragraph 2 of the Agreement. Commencing January 1, 2010, and each year thereafter, the revised annual rent shalibe increased by five percent(5%). 3. ASSIGNMENT. Paragraph 17 of the Agreement is hereby deleted in its entirety and is replaced with the following: This Agreement may be sold, assigned or transferred by the Tenant without any approval or consent of the Landlord to the Tenant's principal, affiliates, subsidiaries of its principal or to any entity which acquires all or substantially all of Tenant's assets in the market defined by the Federal Communications Commission in which the Property is located by reason of a merger, acquisition or other business reorganization. As to other parties, this Agreement may not be sold, assigned or transferred without the written consent of the Landlord, which such consent will not be unreasonably withheld, delayed or conditioned. No change of stock ownership, partnership interest or control of Tenant or transfer upon partnership or corporate dissolution of Tenant shall constitute an assignment hereunder. 4. RATIFICATION OF THE AGREEMENT. Except as specifically modified by this Amendment, the parties agree that all of the terms and conditions of the Agreement are in full force and effect and remain unmodified, and the parties hereby ratify and reaffirm the terms and conditions of the Agreement and agree to perform and comply with the same. In the event of a conflict between any term or provision of the Agreement and this Amendment, the terms and provisions of this Amendment shall control. In addition, except as otherwise stated in this Amendment, all initially capitalized terms will have the same respective defined meaning statedintheAgreement. All captions are for reference purposes only and shall not be used in the construction or interpretation of this Amendment. 5. ADDITIONAL CONDITIONS. This Amendment is also subject to the following conditions : A. Any change to the plans attached as Exhibit B-2 hereto must be approved byLandlord. B. Tenant shall maintain the fence described in Exhibit B-2 in good condition and shall repair the fence in a manner consistent with original design. C. Tenant shall keep the area within the fence free of noxious weeds and tall grass. MINC Navarre Amendment No.2 to Site Lease Agreement 1259062v1 2 D. Tenant shall obtain necessary building permits. IN WITNESS WHEREOF, Landlord and Tenant have caused this Amendment to be executed by each party's duly authorized representative effective as of the date written below. LANDLORD: TENANT: City of Orono, Verizon Wireless (VAW) LLC a Minnes%a a municip. +rporation d/b/a Verizon WirejfssU14By. t i%By: ' f 76 l12I c r o eth Ann Drohan Date: 3/e Its: Area Vice President Network 0/.- 6 (6-(By: /t Date: 07Its: i A-c7v ;n 5'lr« -e F' Date: 3/ 7-446 , Acknowledgments on following page The remainder of this page intentionally left blank MINC Navarre Amendment No.2 to Site Lease Agreement I 259062v I 3 LANDLORD ACKNOWLEDGMENT STATE OF MINNESOTA ) SS. COUNTY OF HENNEPIN ) This instrument was acknowledged before me on 343 + 3/24 , 20 05', by Jdews L . .Murphy and IAL` lI %a WPll5 the net May a r and e‘- /y A Adm:n%5 ra4ar respectively, of the City ofOrono, a 4innesdta municipal corporation,on behalf of the corporation. a"-E- _s-, ..'"Ill.J!lJ^llJl.Yl../.l.'..ae",. 11 LINDA S. VEE sF NOTARY PUBLIC-MINNESOTA Signature of Person Taking AcknowledgmentMyCommissionExpiresJan.31,2010 Y'1.-rtrlllll./•l ll./ll./lllJ Seal, if any) t; 4-4-y Title or rank Serial Number, if any TENANT ACKNOWLEDGMENT STATE OF ILLINOIS SS. COUNTY OF COOK• On this Ow' daY of 2(r-, , before me, the undersigned, a NotaryPublicinandfortheStateofIllinois, t' y commissioned and sworn, personally appeared Beth Ann Drohan, to me known to be the Area Vice President Network of Verizon Wireless (VAW) LLC d/b/a Verizon Wireless, that executed the foregoing instrument, and acknowledged said instrument to be the free and voluntaryandact deed of Verizon Wireless (VAW)LLC d/b/a Verizon Wireless, for the uses and purposes therein mentioned, and on oath stated that she is authorized to execute the said instrument. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. Print ype Name: Cynthia NavaOFFICIALSEALNotaryPublicinandfortheStateofIllinoisCYNTHIANAVA Notary Public-State of Illinois My appointment expires: My Commission Expires Jan 05,2013 V OFFICIAL SEA NTHIA NAVA Raneic-State of Illinois MINC Navarre or.Expires Jan 05,2013 Amendment No.2 to Site Lease Agreement 1259062v1 4 Exhibit "A" Legal Description) Page 1 of 1 That part of Lot 5, Block 9, Townsite of Langdon Park commencing at a point on the Easterly line thereof 495 feet North of the Southeast corner, thence Westerly 132 feet parallel to the South line thereof, thence Southerly 200 feet parallel with the Easterly line thereof, thence Easterly 132 feet parallel with the South line thereof, thence Northerly 200 feet along the East line thereof to the point of beginning. Abstract land. MINC Navarre Memorandum of Amendment No.2 to Site Lease Agreement 1333080v1 Exhibit "B-2" Sketch of Additional Ground Space) Page 1 of 1 EXISTING PROPERTY LINES EXISTING IJrS ITY r—_ I EASEMENTS PROPOSED CHAIN LINK FENCE I PROPOSED 16' x 10'-6 TENANT LEASE AREA j t1 r ) 1x x Y EXISTING FENCE IEXISTING BUILDINGI 111 1 I It I .cEXISTINGWATERTOWER I I x I EXISTING EASEMENTS _ ! x Ii, EXISTING TENANT1 ,' ' //'—EQUIPMENT ROOM I' • 1 c 1 1 I p ' ) I 1EXISTING BUILDING x i I I r 1 I EXISTING I I ii 15"—g" a 27'-9" _ 8 x TENANT LEASE AREA 3 1 i NORTH I MINC i. I 4 I .. NAVAFtitE I 1 l__t I MINC Navarre Amendment No.2 to Site Lease Agreement 1259062v1 DRAFTED BY AND RETURN TO: Moss&Barnett(JDL) 4800 Wells Fargo Building 90 South Seventh Street Minneapolis,MN 55402-4129 Site Name:MINC Navarre) Prepared by Carin M.Kanstrup,Telephone No. (612)877-5342) S pace above this line for Recorder's use.) MEMORANDUM OF AMENDMENT NO. 2 TO SITE LEASE AGREEMENT THIS MEMORANDUM OF AMENDMENT NO. 2 TO SITE LEASE AGREEMENT Memorandum") evidences that an Amendment No. 2 to Site Lease Agreement ("Amendment") was entered into as of , -n& /514-, 200',by and between the City of Orono, a Minnesota municipal corporation, with an address for notice of P.O. Box 66, Crystal Bay, Minnesota 55323 Landlord"), and Verizon Wireless (VAW) LLC d/b/a Verizon Wireless ("Tenant"), with its address for notice located at 180 Washington Valley Road, Bedminster,New Jersey 07921. Landlord and Tenant originally entered into a Site Lease Agreement, dated July 9, 2001, as amended by Amendment No. 1 to Site Lease Agreement, dated April 18, 2005 (collectively,the "Agreement") for certain real property located at 2345 Blaine Avenue, in the City of Orono, County of Hennepin, State of Minnesota, within the property of Landlord and being further described as shown on Exhibit "A" attached hereto and made a part hereof together with a right of access and to install and maintain utilities. The Amendment provides for additional leased premises. Signatures on following page Remainder ofpage intentionally left blank. MINC Navarre Memorandum of Amendment No.2 to Site Lease Agreement 1333080v1 1 IN WITNESS WHEREOF, Landlord and Tenant have duly executed this Memorandum as of the day and year written below. LANDLORD: TENANT: City of Orono, Verizon Wireless (VAW)LLC a Minnesota municipal corporation d/b/a Verizon Wire .ss s I J By: §0.# J / By: h Ann Dro an Its: /I--z: ,(19 )(c y cr Its Area Vice President twork Date: Date: By: h Its: e r/"s1-r-:-oC Date: 4/2416 9 MINC Navarre Memorandum of Amendment No.2 to Site Lease Agreement I 333080v1 2 LANDLORD ACKNOWLEDGMENT STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) This instrument was acknowledged before me on 1;73 20()i, by I•n e 5 L. ,' ktrp A y and AL. If;tiv'&/l5 theAz.-4`,11 Niz e/- and c.Jy Adm;,,; ,-;41cy respectively, of the City ofOronoMinnesotamunicipalcorporation, on behalf of the corporation. sLINDA S. VEE• NOTARYti PUBLIC-MINNESOTA E« k Signature of Person Taking AcknowledgmentMyCommissionExpiresJan.31,2010 1 fsrf.^rt1-.^irrri r 1 C):6- U C C.L / / 'e) 4G 1ea,i any Title or rank Serial Number, if any TENANT ACKNOWLEDGMENT STATE OF ILLINOIS ) SS. COUNTY OF COOK ) On this lay of . 207, before me, the undersigned, a Notary Public in and for the State of Il ois, duly commissioned and sworn, personally appearedBethAnnDrohan, to me known to be the Area Vice President Network of Verizon Wireless VAW) LLC d/b/a Verizon Wireless, that executed the foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of Verizon Wireless (VAW) LLC d/b/a Verizon Wireless, for the uses and purposes therein mentioned, and on oath stated that she is authorized to execute the said instrument. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal thedayandyearfirstabovewritten. OFFICIAL SEAL Print or!/ Ile Name: Cynthia NavaCYNTHIANAVA rotary Public-State o4 1liinoi:. ` Notary Public in and for the State of Illinois ommission Expires Ja i01S tMy appointment expires: 6,-5-73 MINC Navarre Memorandum of Amendment No.2 to Site Lease Agreement 1333080v1 3 i DRAFTED BY AND RETURN TO: Moss&Barnett(JDL) 4800 Wells Fargo Building 90 South Seventh Street Minneapolis,MN 55402-4129 Site Name: MINC Navarre) Prepared by Carin M.Kanstrup,Telephone No. (612)877-5342) Space above this line for Recorder's use.) MEMORANDUM OF AMENDMENT NO. 2 TO SITE LEASE AGREEMENT THIS MEMORANDUM OF AMENDMENT NO. 2 TO SITE LEASE AGREEMENT Memorandum") evidences that an Amendment No. 2 to Site Lease Agreement("Amendment") was entered into as of Fe 2009,by and between the City of Orono, a Minnesota municipal corporation, with an address for notice of P.O. Box 66, Crystal Bay, Minnesota 55323 Landlord"), and Verizon Wireless (VAW) LLC d/b/a Verizon Wireless ("Tenant"), with its address for notice located at 180 Washington Valley Road, Bedminster,New Jersey 07921. Landlord and Tenant originally entered into a Site Lease Agreement, dated July 9, 2001, as amended by Amendment No. 1 to Site Lease Agreement, dated April 18, 2005 (collectively, the "Agreement") for certain real property located at 2345 Blaine Avenue, in the City of Orono, County of Hennepin, State of Minnesota, within the property of Landlord and being further described as shown on Exhibit "A" attached hereto and made a part hereof together with a right of access and to install and maintain utilities. The Amendment provides for additional leased premises. Signatures on following page Remainder ofpage intentionally left blank. MINC Navarre Memorandum of Amendment No.2 to Site Lease Agreement 1333080v1 1 IN WITNESS WHEREOF, Landlord and Tenant have duly executed this Memorandum as of the day and year written below. LANDLORD: TENANT: City of Orono, Verizon Wireless (VAW) LLC a Minnesota municipal corporation dfb/a Verizon Wireless c\,. By: Bk: Beth Ann Drohan Its: Mc,y c Its Area Vice President Network Date: 3x-3/c Date: By: 1, Its: C. y m 51/-7-,e-/-e/— Date: 3/az & /c= MINC Navarre Memorandum of Amendment No.2 to Site Lease Agreement 1333080v1 2 LANDLORD ACKNOWLEDGMENT STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) This instrument was acknowledged before me on '"`;; i Yz , , 20e 7, by I4 ro.es L, irl vi r p h y and k'i II ,4 tL} !Cs the 4.¢,'ne; Metyur- and C, y Adh.7;ri sfrth;' respectively, of the City of Orono,a Minnesota municipal corporation, on behalf of the corporation. fl.Ill./'JIJltlllllJ1.lJY.11J.l-r./` ti LINDA S.VEE LL,,,,, j J/ NOTARY PUBLIC-MINNESOTA v z `adv, G .,kSE4.= My Commission Expires Jan.31,2010 g fr Ilfrl lf—_,.._,f.- . Signatu/re of Person Taking AcknowledgmentrSeal, if any) e 1,- —.. •,`.,. fTitleorrank Serial Number, if any TENANT ACKNOWLEDGMENT STATE OF ILLINOIS ) SS. COUNTY OF COOK ) On this day of 20 , before me, the undersigned, a Notary Public in and for the State of Illinois, duly commissioned and sworn, personally appeared Beth Ann Drohan, to me known to be the Area Vice President Network of Verizon Wireless VAW) LLC d/b/a Verizon Wireless, that executed the foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of Verizon Wireless (VAW) LLC d/b/a Verizon Wireless, for the uses and purposes therein mentioned, and on oath stated that she is authorized to execute the said instrument. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. Print or Type Name: Notary Public in and for the State of Illinois My appointment expires: MINC Navarre Memorandum of Amendment No.2 to Site Lease Agreement 1333080v1 3 Exhibit "A" Legal Description) Page 1 of 1 That part of Lot 5, Block 9, Townsite of Langdon Park commencing at a point on the Easterly line thereof 495 feet North of the Southeast corner, thence Westerly 132 feet parallel to the South line thereof, thence Southerly 200 feet parallel with the Easterly line thereof, thence Easterly 132 feet parallel with the South line thereof, thence Northerly 200 feet along the East line thereof to the point of beginning. Abstract land. MINC Navarre Memorandum of Amendment No.2 to Site Lease Agreement 1333080v1 SITE NAME:MINC Navarre SITE NUMBER: AMENDMENT NO. 2 TO SITE LEASE AGREEMENT This AMENDMENT NO. 2 TO SITE LEASE AGREEMENT ("Amendment") is made this g day of re b rua r'/2009, by and between the City of Orono ("Landlord") and Verizon Wireless (VAW) LLC d/b/a Verizon Wireless ("Tenant"), with its principal offices located at One Verizon Way, Mail Stop 4AW100, Basking Ridge,New Jersey, 07920 (telephone number 866-862-4404),with reference to the facts set forth in the Recitals below: RECITALS A. Landlord and Tenant are parties to a Site Lease Agreement, dated July 9, 2001, as amended by Amendment No. 1 to Site Lease Agreement, dated April 18, 2005 (collectively, the Agreement"), whereby Landlord has leased a portion of Landlord's Property (as defined in the Agreement) to Tenant for the purposes of installing, removing, maintaining, and operating a communications facility. The initial term of the Agreement expired on December 31, 2006. If fully extended, the term of Agreement is currently scheduled to expire on December 31, 2021. B. Landlord and Tenant desire to amend the Agreement to (i) provide additional ground space for Tenant to place an emergency power generator, (ii)provide for an increase in the annual rent payable to Landlord under the Agreement for the additional ground space, and (iii) revise the assignment language. AGREEMENT NOW, THEREFORE, in consideration of the facts contained in the Recitals above, the mutual covenants and conditions below, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1. ADDITIONAL GROUND SPACE. The Agreement is hereby amended to provide for additional ground space ("Proposed Tenant Lease Area") for an emergency power generator as shown on the attached Exhibit B-2 together with the right and sufficient space for the installation and maintenance of wires, cables, conduits and pipes running between the existing Lease Area and the Proposed Tenant Lease Area and the right to install, maintain, replace and repair a gas service line under and along a right of way extending from a public right-of-way to the Proposed Tenant Lease Area. 2. INCREASED RENT. Pursuant to the Agreement, the annual rent is paid annually before January 18t of each year. As consideration for the additional generator ground space, commencing on the first day of the month following the start of construction("Increased Rent Commencement Date"), the annual rent shall be increased by Two Thousand Four Hundred and MINC Navarre Amendment No.2 to Site Lease Agreement 1259062v1 1 No/100 Dollars ($2,400.00)per year; however,the increase for 2009 shall be prorated. Landlord and Tenant shall acknowledge in writing the Increased Rent Commencement Date, and Tenant shall pay the prorated increase in annual rent for 2009, based on the number of months from the Increased Rent Commencement Date through the end of 2009, within thirty (30) days after the written acknowledgement. Landlord and Tenant agree that the Agreement is hereby amended to delete the annual CPI increase in paragraph 2 of the Agreement. Commencing January 1, 2010, and each year thereafter, the revised annual rent shall'be increased by five percent(5%). 3. ASSIGNMENT. Paragraph 17 of the Agreement is hereby deleted in its entirety and is replaced with the following: This Agreement may be sold, assigned or transferred by the Tenant without any approval or consent of the Landlord to the Tenant's principal, affiliates, subsidiaries of its principal or to any entity which acquires all or substantially all of Tenant's assets in the market defined by the Federal Communications Commission in which the Property is located by reason of a merger, acquisition or other business reorganization. As to other parties, this Agreement may not be sold, assigned or transferred without the written consent of the Landlord, which such consent will not be unreasonably withheld, delayed or conditioned. No change of stock ownership, partnership interest or control of Tenant or transfer upon partnership or corporate dissolution of Tenant shall constitute an assignment hereunder. 4. RATIFICATION OF THE AGREEMENT. Except as specifically modified by this Amendment, the parties agree that all of the terms and conditions of the Agreement are in full force and effect and remain unmodified, and the parties hereby ratify and reaffirm the terms and conditions of the Agreement and agree to perform and comply with the same. In the event of a conflict between any term or provision of the Agreement and this Amendment, the terms and provisions of this Amendment shall control. In addition, except as otherwise stated in this Amendment, all initially capitalized terms will have the same respective defined meaning stated in the Agreement. All captions are for reference purposes only and shall not be used in the construction or interpretation of this Amendment. 5. ADDITIONAL CONDITIONS. This Amendment is also subject to the following conditions : A. Any change to the plans attached as Exhibit B-2 hereto must be approved by Landlord. B. Tenant shall maintain the fence described in Exhibit B-2 in good condition and shall repair the fence in a manner consistent with original design. C. Tenant shall keep the area within the fence free of noxious weeds and tall grass. MINC Navarre Amendment No.2 to Site Lease Agreement 1259062v1 2 D. Tenant shall obtain necessary building permits. IN WITNESS WHEREOF, Landlord and Tenant have caused this Amendment to be executed by each party's duly authorized representative effective as of the date written below. LANDLORD: TENANT: City of Orono, Verizon Wireless (VAW) LLC a Minnesoia municip. +rporation d/b/a Verizon Wireless By: '1 , By: Its:4 c-r; 41 i y c r Beth Ann Drohan Date: 3r2 3,/e 1 Its: Area Vice President Network By: ' - Date: j Date: Its: y AC yr s h IPJ i -le/— Date: 5/`2.(0/69 Acknowledgments on following page The remainder of this page intentionally left blank MINC Navarre Amendment No.2 to Site Lease Agreement 1259062v1 3 LANDLORD ACKNOWLEDGMENT STATE OF MINNESOTA ) SS. COUNTY OF HENNEPIN ) This instrument was acknowledged before me on 3/a3 w 3/24 , 20 0 byJaryewsL, 44urphy and t1,` /( cis-,, Wel( , the Ac `ne iiia o r and e 7Y A drn ni Sir for respectively, of the City ofOrono, a Minnesota municipal corporation,on behalf of the corporation. 8 LINDA S. VEE NOTARY PUBLIC-MINNESOTA My Commission Expires Jan.31,200 Signature of Person Taking Acknowledgment Seal,if any) elivdcy 44 Title or rank Serial Number,if any TENANT ACKNOWLEDGMENT STATE OF ILLINOIS SS. COUNTY OF COOK On this day of 20_, before me, the undersigned, a Notary Public in and for the State of Illinois, duly commissioned and sworn, personally appeared Beth Ann Drohan, to me known to be the Area Vice President Network of Verizon Wireless (VAW) LLC d/b/a Verizon Wireless, that executed the foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of Verizon Wireless (VAW) LLC d/b/a Verizon Wireless, for the uses and purposes therein mentioned, and on oath stated that she is authorized to execute the said instrument. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal thedayandyearfirstabovewritten. Print or Type Name: Notary Public in and for the State of Illinois My appointment expires: MINC Navarre Amendment No.2 to Site Lease Agreement 1259062vI 4 Exhibit "B-2" Sketch of Additional Ground Space) Page 1 of 1 EXIS s«NC PROPERTY LINES I EXISTING UTILITY EASEMENTS PROPOSED CHAIN LINK FENCE I PROPOSED 16' x 10'-6' rTENANT LEASE AREAr r j — N 4. 1 E, EXISTING FENCEEXISTINGGBUILDIN;; Iti I S]x ' I 411t EXISTINGWATER TOWER 1 I i l I ; X i EXISTING EASEMENTS -/ illi EXISTING TENANT C EQUIPMENT ROOM f I I I i I I s I EXISTING BUILDING," x I I r1 i I EXISTING 1 I 15_9" x 27'-9 I x TENANT ,AS AREA x I x x i N,. , s• Ali, xI MINC g I t NAVARRPIIrIII MINC Navarre Amendment No.2 to Site Lease Agreement 1259062vI CITY of ORONO VI, '1,, '1 Municipal Offices Street Address: Mailing Address: e800.! 2750 Kelley Parkway P.O. Box 66 Orono, MN 55356 Crystal Bay, MN 55323-0066 March 25, 2009 Matt Collins Unwired Consulting, Inc. 2163 Zeb Watts Rd. Taylorsville,NC 28681 Dear Mr. Collins: At the February 9, 2009 Council meeting,the Orono City Council approved"Amendment No. 2 to Site Lease Agreement"and the signed documents were sent to your attention on February 11,2009. Please destroy the previous documents and replace with the enclosed documents which include exhibits. These documents have been signed by the authorized city officials. Please return one copy of the fully executed Agreement to my attention. If you have any questions, please contact me at 952-249-4602. Sincerely, Lin Vee City Clerk Enc. Telephone(952)249-4600 • Fax(952)249-4616 www.ci.orono.mn.us SITE NAME: MINC Navarre SITE NUMBER: MOSS&BARNETT/3/4/08 AMENDMENT NO. 2 TO SITE LEASE AGREEMENT This AMENDMENT NO.2 TO SITE LEASE AGREEMENT("Amendment")is made this day of 2008,by and between City of Orono("Landlord")and Verizon Wireless (VAW) LLC d/b/a Verizon Wireless ("Tenant"),with its principal offices located at One Verizon Way, Mail Stop 4AW 100,Basking Ridge,New Jersey, 07920,with reference to the facts set forth in the Recitals below: RECITALS A. Landlord and Tenant are parties to a Site Lease Agreement dated July 9,2001, and Amendment No. 1 to Site Lease Agreement dated April 18,2005 (the"Agreement"),whereby Landlord has leased a portion of Landlord's Property (as defined in the Agreement) to Tenant for the purposes of installing, removing,maintaining, and operating a communications facility. The initial term of the Agreement expired on December 31, 2006. If fully extended, the term of Agreement is currently scheduled to expire on December 31, 2021. B. Landlord and Tenant desire to amend the Agreement to (i)provide additional ground space for Tenant to place an emergency power generator, (ii) provide for an increase in the annual rent payable to Landlord under the Agreement for the additional ground space,(iii)revise the assignment language. AGREEMENT NOW, THEREFORE, in consideration of the facts contained in the Recitals above, the mutual covenants and conditions below, and other good and valuable consideration,the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1.ADDITIONAL GROUND SPACE. The Agreement is hereby amended to provide for additional ground space for an emergency power generator as shown on the attached Exhibit B-2. 2.INCREASED RENT. Pursuant to the Agreement, the annual rent is paid annually before January 1st of each year. As consideration for the additional generator ground space, commencing on the first day of the month following the start of construction ("Increased Rent Commencement Date"), the annual rent shall be increased by Two Thousand Four Hundred and No/100 Dollars ($2,400.00) per year. Landlord and Tenant shall acknowledge in writing the Increased Rent Commencement Date, and Tenant shall pay the prorated increase in annual rent for 2 MINC Navarre Amendment No. 2 to Site Lease Agreement 140942v2 2008,based on the number of months from the Increased Rent Commencement Date through the end Ill of 2008,within thirty(30)days after the written acknowledgement. Landlord and Tenant agree that the Agreement is hereby amended to delete the annual CPI increase in paragraph 2 of the Agreement. Commencing January 1,2009,and each year thereafter,the revised annual rent shall be increased by five percent (5%). 3. ASSIGNMENT. Paragraph 17 of the Agreement is hereby deleted in its entirety and is replaced with the following: This Agreement may be sold, assigned or transferred by the Tenant without any approval or consent of the Landlord to the Tenant's principal, affiliates,subsidiaries of its principal or to any entity which acquires all or substantially all of Tenant's assets in the market defined by the Federal Communications Commission in which the Property is located by reason of a merger, acquisition or other business reorganization. As to other parties, this Agreement may not be sold, assigned or transferred without the written consent of the Landlord,which such consent will not be unreasonably withheld, delayed or conditioned. No change of stock ownership, partnership interest or control of Tenant or transfer upon partnership or corporate dissolution of Tenant shall constitute an assignment hereunder. 4. RATIFICATION OF THE AGREEMENT. Except as specifically modified by this Amendment,the parties agree that all of the terms and conditions of the Agreement are in full force • and effect and remain unmodified, and the parties hereby ratify and reaffirm the terms and conditions of the Agreement and agree to perform and comply with the same. In the event of a conflict between any term or provision of the Agreement and this Amendment, the terms and provisions of this Amendment shall control. In addition, except as otherwise stated in this Amendment, all initially capitalized terms will have the same respective defined meaning stated in the Agreement. All captions are for reference purposes only and shall not be used in the construction or interpretation of this Amendment. This Amendment No. 2 to Site Lease Agreement shall be subject to the conditions of the Conditional use Permit granted by the City on June 23,2008 and listed as Zoning File No. 08-3362. The remainder of this page intentionally left blank Signatures on following page 3 MINC Navarre Amendment No. 2 to Site Lease Agreement 140942v2 IN WITNESS WHEREOF, Landlord and Tenant have caused this Amendment to be executed by each party's duly authorized representative effective as of the date written below. LANDLORD: TENANT: City of Orono Verizon Wireless (VAW) LLC d/b/a Verizon Wireless By: . . 771 G-,Gic x'By: a -s M. White Beth Ann Drohan Its: ayor Its: Midwest Area Vice President-Network Date: g re / Date: B William Wells Its: City Administrator Date: Acknowledgments on following page The remainder of this page intentionally left blank 3 MINC Navarre Amendment No.2 to Site Lease Agreement 140942v2 LANDLORD ACKNOWLEDGMENT STATE OF MINNESOTA ) SS. COUNTY OF HENNEPIN ) ct The foregoing instrument was acknowledged before me this day of re b c;,,a r 200X, by "Tu gyres A4 . 1. U h.-f-e- the jet a7 6 i- an L(1.' 11.4 tO e d _5 the C.; -yy A d rn ; 0 :s+r&7c r of the City of Orono, a municipal corporation, on behalf of said fnunicipal corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. JJ.../!J!';/'1•••/lllJl1JlffllJlll./'_-47-1--4,--- LINDA S.VEE ti Print or Type Name: L.-,'i' I - S. ire -e_- a7E; NOTARY PUBLIC-MINNESOTA My Commission Expires Jan.31,2010 ti Notary Public in and for the State of Minnesota l, 1!./l./J.l1.J./ Yl- -JS My appointment expires: 1/ 31/9-6 o TENANT ACKNOWLEDGMENT STATE OF INDIANA SS. COUNTY OF HAMILTON) On this day of 200_, before me, the undersigned, a Notary Public in and for the State of Indiana, duly commissioned and sworn, personally appeared Beth Ann Drohan, to me known to be the Midwest Area Vice President - Network of Verizon Wireless (VAW) LLC d/b/a Verizon Wireless, that executed the foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of Verizon Wireless VAW) LLC d/b/a Verizon Wireless, for the uses and purposes therein mentioned, and on oath stated that she is authorized to execute the said instrument. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. Print or Type Name: Notary Public in and for the State of Indiana My appointment expires: 4 MINC Navarre Amendment No.2 to Site Lease Agreement 140942v2 Exhibit "B-2" Sketch of Additional Ground Space) Page 1 of 1 REQUEST FOR COUNCIL ACTION DATE: February 5, 2009 ITEM NO: I 1 Department Approval: Administrator Reviewed: Agenda Section: Name Soren Mattick 490 City Attorney's Report Title City Attorney L Item Description: Amendment No. 2 to Verizon Lease Agreement Attachment: Verizon Agreement The attached Amendment to the Verizon Site Lease Agreement allows Verizon to construct an emergency generator for a cell tower that was constructed in 2001. The City Council had previously approved a Conditional Use Permit(Zoning File No. 08-3362) to allow the emergency generator. The lease amendment will generate an additional $2,400 of annual income under the lease. COUNCIL ACTION REQUESTED: Motion to approve the attached AMENDMENT NO. 2 TO SITE LEASE AGREEMENT with Verizon Wireless to allow construction of an emergency generator at 2345 Blaine Avenue. February 11, 2009 Matt Collins Unwired Consulting, Inc. 2163 Zeb Watts Rd. Taylorsville, NC 28681 Dear Mr. Collins: At the February 9, 2009 Council meeting, the Orono City Council approved the enclosed Amendment No.2 to Site Lease Agreement"and the documents have been signed by the authorized city officials. Please return one copy of the fully executed Agreement to my attention. If you have any questions, please contact me at 952-249-4602. Sincerely, Lin Vee City Clerk AGENDA ITEM Prepared By: mcc Reviewed By: J Barnhart Approved By: 1. Purpose. This application is regarding variances to reconstruct a detached garage. 2. MN§15.99 Application Deadline. The application was received and considered to be complete on March 16, 2021. Therefore, the 60-Day review period expires on May 15, 2021. 3. Background/ Summary. The applicant is requesting variances in order to build a new detached garage in the same location as the existing, failing garage. The new garage will be 82 square feet larger than the existing, to improve the functionality; but the project will result in a 49 square foot reduction in hardcover. Hardcover and side yard setback variances are requested. 4. Planning Commission Vote and Comment. On April 19th, the Planning Commission held a public hearing. Following the public hearing the Planning Commission voted 6 to 0 in favor of a motion to approve the requested variances. 5. Public Comment. Neighbor acknowledgements were received and are attached as Exhibit D. 6. Staff Recommendation. Staff recommends approval. COUNCIL ACTION REQUESTED Motion to adopt the approval resolution. Exhibits A. Draft Resolution B. Proposed Plans C. Draft PC Minutes D. Public Comment E. PC Staff Report References PC Exhibits 04/19/21 A. Application & Narrative B. Practical Difficulties Documentation Form C. Existing & Proposed Survey/Site Plan D. Proposed Plans and Elevations E. Submitted Hardcover Calculations F. Public Comment G. Aerial Photo Item No.: 9 Date: May 10, 2021 Item Description: LA21-000023 – Mark Prueter, 3215 Crystal Bay Road, Variances – Resolution Presenter: Melanie Curtis Planner Agenda Section: Consent Agenda AGENDA ITEM Prepared By: mcc Reviewed By: J Barnhart Approved By: H. Property Owners List I. Plat Map CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. ________________________ 1 A RESOLUTION APPROVING VARIANCES FROM MUNICIPAL ZONING CODE SECTIONS 78-350 AND 78-1700 FILE NO. LA21-000023 WHEREAS, on March 16, 2021, Mark Prueter (“Applicant[s]”), applied for variances from the City Code for the property addressed 3215 Crystal Bay Road and legally described as: That part of Lot 1, Block 2, and that part of Northern Avenue, now vacated, TOWNSITE OF LANGDON PARK, described as follows to-wit: Commencing at the point of intersection of the Northerly line of the right of way to the Great Northern Railway Company with the Southerly extension of the dividing line between Lots 1 and 2 in said Block 2, TOWNSITE OF LANGDON PARK; thence Northwesterly along the dividing line between said Lots 1 and 2 and same extended, a distance of 213.14 feet; thence Northeasterly deflecting right at an angle of 82 degrees 55 minutes from last described course, a distance of 180 feet to the actual point of beginning of the tract of land to be described; thence continuing from said actual point of beginning Northeasterly on the extension of said last described line, a distance of 60 feet; thence Southeasterly in a straight line 263.2 feet to a point in the Northerly line of said right of way of the Great Northern Railway Company, which point is 140 feet Northeasterly measured along the Northerly line of said railroad right of way from initial point of commencement; thence Southwesterly along said Northerly right of way line 35 feet; thence Northwesterly in a straight line 247.7 feet to the actual point of beginning. Also including all that part of Lot 1 in said Block 2 lying between the Northwesterly line of the premises hereinabove described and the shore of Lake Minnetonka and between the Northerly extension of the Northeasterly and Southwesterly side lines of the premises hereinabove first described (hereinafter the “Property”); WHEREAS, the Applicant has made application to the City of Orono for variances to Orono Municipal Zoning Code Section 78-350 to allow a 4.5 foot side setback on the east side of a new detached garage; a 4 foot side setback for a new stairway; and WHEREAS, the Applicant has made application to the City of Orono for a variance to Orono Municipal Zoning Code Section 78-1700 to allow a reduction in hardcover from 37.7% to 37.3% where a maximum of 25% is permitted; and CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. ________________________ 2 WHEREAS, on April 19, 2021, after published and mailed notice in accordance with Minnesota Statutes and the City Code, the Planning Commission held a public hearing, at which time all persons desiring to be heard concerning this application were given the opportunity to speak thereon; and WHEREAS, on April 19, 2021, the Planning Commission recommended approval of the variances; and WHEREAS, on May 10, 2021, the City Council reviewed the application and the recommendations of the Planning Commission and City staff; and NOW, THEREFORE, BE IT RESOLVED that the City Council of Orono, Minnesota hereby approves the requested variances as described above based on one or more of the following findings of fact concerning the Property: FINDINGS OF FACT: 1. This application was reviewed as Zoning File #LA21-000023. 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, One Family Lakeshore Residential Zoning District. 3. The Property contains 0.25 acres in area and has a defined lot width of 60-feet at the OHWL and 53-feet at the 75-foot setback. 4. The Property is within Tier 1 and hardcover is limited to 25% according to the Stormwater Quality Overlay District. 5. Applicant has applied for the following variance[s]: a. Side Setback Variance b. Hardcover Variance 6. In considering this application for variances, the Council has considered the advice and recommendation of the Planning Commission and the effect of the proposed variances upon the health, safety and welfare of the community, existing and anticipated traffic conditions, light and air, danger of fire, risk to the public safety, and the effect on values of property in the surrounding area. CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. ________________________ 3 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 width, and unique access circumstance over the easement on the rear. The garage location moves and improves a non-conforming existing setback on the west side moving the encroachment toward a lesser affected property to the east. The project results in an overall reduction in hardcover. 2. “Variances shall only be permitted . . . when the variances are consistent with the comprehensive plan.” The variances proposed to rebuild a detached garage on this nonconforming lot are consistent with the comprehensive plan. 3. “Variances may be granted when the applicant for the variance establishes that there are practical difficulties in complying with the zoning ordinance. ‘Practical difficulties,’ as used in connection with the granting of a variance, means that: a. The property owner in question proposes to use the property in a reasonable manner, however, the proposed use is not permitted by the official controls. The request to permit re-construction of the detached garage on the substandard lot is reasonable. b. The plight of the landowner is due to circumstances unique to his property not created by the landowner. The substandard lot size is an existing condition, there is no available land with which to make the Property more conforming. The restricted driveway access and lack of off-site parking availability are challenges not created by the owners. There should be consideration for a setback variance approval for from the lot which is substandard in width and area requirements. The project has been designed with an effort toward limiting the additional hardcover without sacrificing functionality; c. The variance, if granted, will not alter the essential character of the locality.” The replacement garage is to be in a similar location as the existing garage keeping with existing character. The variances are requested in order to permit construction of a detached garage, which is reasonable. 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 garage is an allowed use within the LR-1C zoning district. 7. “The board or council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling.” This condition is not applicable. 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, and unique configuration creates difficulties which also apply to many of the properties in the same neighborhood. The proposed setback and hardcover level are not out of character. 9. “The conditions do not apply generally to other land or structures in the district in which the land is located.” The Property’s substandard size, width, in addition to the unique configuration creates difficulties which apply to very few properties in the City. The neighboring properties have similar challenges. 10. “The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant.” The local climate conditions support the need for a residential garage. The proposed size of the garage is minimal. Granting of the setback and hardcover variances are necessary for the preservation of the property right of the applicant. 11. “The granting of the proposed variance will not in any way impair health, safety, comfort or morals, or in any other respect be contrary to the intent of this chapter.” Granting the variances for hardcover and setback in this situation is not contrary to the intent of the zoning chapter. 12. “The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty.” The variances for setback and hardcover are necessary, and do not merely serve as a convenience to the Applicant. 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 variances to Orono Municipal Zoning Code Section 78-350 to allow a 4.5 foot side setback on the east side of a new detached garage; a 4 foot side setback for a new stairway; and a variance to Orono Municipal Zoning Code Section 78-1700 to allow a reduction in hardcover from 37.7% to 37.3% where a maximum of 25% is permitted for a new detached garage, 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 03/08/2021 and building plans submitted by the Applicant and annotated by City staff, attached to this Resolution as Exhibits A & B. 3. Any amendments to the plans which are not in conformity with City codes may require further Planning Commission and City Council review. 4. Authorities granted by this resolution run with the Property not with the Applicant, but are permissive only and must be exercised by obtaining a building permit for the new construction and commencing construction of said project. A building permit must be obtained within one year of the date of Council approval, or the variance will expire on that date (May 10, 2022). 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 10th day of May, 2021. ATTEST: CITY OF ORONO: _______________________________ ________________________________ Anna Carlson, City Clerk Dennis Walsh, Mayor Proposed MINUTES OF THE ORONO PLANNING COMMISSION Monday, April 19, 2021 6:00 o’clock p.m. _____________________________________________________________________________________ PUBLIC HEARINGS 1. LA21-000023 MARK PRUETER, 3215 CRYSTAL BAY ROAD, VARIANCES Mark Prueter, applicant, was present. Staff presented a summary packet of information. The property owner is requesting variances in order to build a new detached garage in generally the same location as an existing, aging garage. Hardcover and side yard setback variances are requested. The new garage will be 82 square feet larger than the existing to improve functionality but the project will result in 49 square feet less hardcover. The applicant identified the size of the property as a practical difficulty supporting the requested variances, as well as the property’s orientation and access with respect to the lakeshore, Crystal Bay Road, and the Dakota Trail. The current hardcover level is 37.7%; a 49 square foot reduction in hardcover results in a 37.3% hardcover. The garage conforms to the west and rear setbacks. The applicant has received support from the property owners to the east where a 4.5 foot setback is proposed. An elevation difference from the rear requires a stairway replacement and moving the stair from the east to the west side of the garage. The applicant is able to reduce hardcover for the pathway in addition to removal of the walls that encroach on the Dakota Rail Trail property. Supporting documents have also been received from the neighbor to the west. Staff finds there are practical difficulties inherent to the lot’s shape, size, and width and the configuration of the existing garage and access over the easement in the rear which support the applicant’s request for variances. The applicant approached the podium, introducing himself. Chair Kirchner opened the public hearing at 6:06 p.m. Chair Kirchner closed the public hearing at 6:06 p.m. Kirchner said although this is larger it is reducing hardcover and in all is a betterment to the situation. He heard Barnhart say by removing the walls it would remove an encroachment. Barnhart noted a retaining wall that encroaches in to the Dakota Rail property that will be removed with this proposal. Ressler moved, Libby seconded, to approve LA21-000023, 3215 Crystal Bay Road, Variances. VOTE: Ayes 6, Nays 0. Barnhart noted this item will be reviewed by the City Council on May 10, 2021. Date Application Received: 03/16/2021 Date Application Considered as Complete: 03/16/2021 60-Day Review Period Expires: 05/15/2021 To: Chair Kirchner and Planning Commission Members Adam Edwards, City Administrator From: Melanie Curtis, Planner mcc Date: 19 April 2021 Subject: #LA21-000023, Mark Prueter, 3215 Crystal Bay Road, Variances Public Hearing Background The applicant is requesting variances in order to build a new detached garage in generally the same location as the existing, failing garage. The new garage will be 82 square feet larger than the existing, to improve the functionality; but the project will result in a 49 square foot reduction in hardcover. Hardcover and side yard setback variances are requested. The existing home does not have an attached garage. Practical Difficulties Analysis Applicant Submittal Information: The applicant has identified the size of the property as practical difficulties supporting the requested variance(s); as well as the property’s orientation and access with respect to the lakeshore, Crystal Bay Road, and the Dakota Trail. Additionally, they have provided supporting documentation regarding Practical Difficulties attached as Exhibit B, and should be asked for additional testimony regarding the application. Planning Staff Practical Difficulty Analysis: Regarding practical difficulty, Staff finds that there are practical difficulties in the lot’s shape, size, width, and the configuration of the existing garage and access over the easement in the rear which support the applicant’s request for variances in order to rebuild the existing garage with a more functional and more structurally sound garage. The proposed garage replacement is at a scale which is consistent with the immediate neighborhood. Application Summary: The applicant is requesting variances in order to replace an existing nonconforming detached garage. Staff Recommendation: Planning Department Staff recommends approval. FILE # LA21-000023 19 April 2021 Page 2 of 5 LOT ANALYSIS WORKSHEET Section 78-350 – Garage Setbacks: LR-1C Required Existing Proposed Rear 10’ 11.5’ 10’ West Side 7.5’ 3.6’ 7.5’ garage 4’ stair East Side 7.5’ 10.1’ garage 6.8’ stair/landing 4.5’ Section 78-350 – Lot Area/Width: LR-1C Lot Area Lot Width Required 21,780 s.f. (0.5 acres) 100’ Actual 10,965 s.f. (0.25 acre)* 53’ @ 75’ / 60’ @ OHWL *after subtraction of 966 s.f. blacktop area of Crystal Bay Road Section 78-1403 – Structural Building Coverage: Total Lot Area Total Structural Coverage 10,965 s.f. (0.25 acre) Allowed: 2,193 s.f. (20%) Existing: 1,466 s.f. (13.3%) Proposed: 1,548 s.f. (14.1%) Section 78-1700 – Hardcover Calculations: Stormwater Overlay District Tier Total Area in Zone Allowed Hardcover Existing Hardcover Proposed Hardcover Tier 1 10,965 s.f. 2,741 s.f. (25 %) 4,134 s.f. (37.7%) 4,085 s.f. (37.3%) Applicable Regulations: Hardcover Variance (Section 78-1700) The applicant is proposing 37.3% total site hardcover where 25% is permitted; 1,344 square feet more than allowed but a 49 square foot reduction from the existing level. The garage footprint is proposed to be increased from 20’ x 22’ to 22’ x 24’ to accommodate more reasonably sized vehicles. The 2-car garage is proposed with an 18 foot-wide overhead door. The driveway is 19 feet wide, the minimum required for that door width. The overall hardcover will be reduced by 49 square feet with the removals proposed as part of the project. There are limited parking opportunities due to the property’s location along Crystal Bay Road and with access along the Dakota Trail easement area. Side Setback Variance (Section 78-350) The proposed garage is shown to conform to the west and rear setbacks. The applicant has received supporting comments from the property owner to the east where the 4.5 foot setback is proposed (Exhibit F). An accessory shed on the property to the east appears to mitigate visual impacts of the reduced setback. The elevation difference from the rear requires that the stairway be replaced. In moving the stair from the east to the west side of the garage, the applicant is able to reduce hardcover for the pathway in addition to removal of the walls which encroach into the Dakota Rail property. Supportive comments have also been received from the neighbor to the west where the FILE # LA21-000023 19 April 2021 Page 3 of 5 3.5 foot wide stair will be 4 feet from the property line. Governing Regulation: Variance (Section 78-123) In reviewing applications for variance, the Planning Commission shall consider the effect of the proposed variance upon the health, safety and welfare of the community, existing and anticipated traffic conditions, light and air, danger of fire, risk to the public safety, and the effect on values of property in the surrounding area. The Planning Commission shall consider recommending approval for variances from the literal provisions of the Zoning Code in instances where their strict enforcement would cause practical difficulties because of circumstances unique to the individual property under consideration, and shall recommend approval only when it is demonstrated that such actions will be in keeping with the spirit and intent of the Orono Zoning Code. Economic considerations alone do not constitute practical difficulties. Practical difficulties also include but are not limited to inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth-sheltered construction as defined in Minn. Stat. §216C.06, subd. 14, when in harmony with this chapter. The board or the council may not permit as a variance any use that is not permitted under this chapter for property in the zone where the affected person's land is located. The board or council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling. According to MN §462.357 Subd. 6(2) variances shall only be permitted when: 1. The variance is in harmony with the general intent and purpose of the Ordinance. The proposed variances are in harmony with the purpose of the Ordinance. The substandard lot has difficulties in its small size and width, and unique access circumstance over the easement on the rear. The garage location moves and improves a non-conforming existing setback on the west side moving the encroachment toward a lesser affected property to the east. The project results in an overall reduction in hardcover. 2. The variance is consistent with the comprehensive plan. The variances proposed to rebuild a detached garage on this nonconforming lot are consistent with the comprehensive plan. 3. The applicant establishes that there are practical difficulties. a. The property owner proposes to use the property in a reasonable manner not permitted by the official controls; the request to permit re-construction of the detached garage on the substandard lot is reasonable. b. There are circumstances unique to the property not created by the landowner; The substandard lot size is an existing condition, there is no available land with which to make the property more conforming. The restricted driveway access and lack of off-site parking availability are challenges not created by the owners. There should be consideration for a setback variance approval for from the lot which is substandard in width and area requirements. The project has been designed with an effort toward limiting the additional hardcover without sacrificing functionality; and c. The variance will not alter the essential character of the locality. The variances are requested in order to permit construction of a detached garage, which is reasonable. Additionally City Code 78-123 provides additional parameters within which a variance may be granted as follows: 4. Economic considerations alone do not constitute practical difficulties. Economic considerations have not been a factor in the variance approval determination. 5. Practical difficulties also include but are not limited to inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth-sheltered construction as FILE # LA21-000023 19 April 2021 Page 4 of 5 defined in Minn. Stat. § 216C.06, subd. 17, 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 garage 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, and unique configuration creates difficulties which also apply to many of the properties in the same neighborhood. The proposed setback and hardcover level are not out of character. 9. The conditions do not apply generally to other land or structures in the district in which the land is located. The property’s substandard size, width, in addition to the unique configuration creates difficulties which apply to very few properties in the City. The neighboring properties have similar challenges. 10. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. The local climate supports the need for a residential garage. The proposed size of the garage is minimal. Granting of the setback and hardcover variances are necessary for the preservation of the property right of the applicant. 11. The granting of the proposed variance will not in any way impair health, safety, comfort or morals, or in any other respect be contrary to the intent of this chapter. Granting the variances for hardcover and setback in this situation is not contrary to the intent of the zoning chapter. 12. The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty. The variances for setback and hardcover are necessary, and do not merely serve as a convenience to the applicant. The Commission may recommend or Council may impose conditions in granting of variances. Any conditions imposed must be directly related to and must bear a rough proportionality to the impact created by the variance. No variance shall be granted or changed beyond the use permitted in this chapter in the district where such land is located. Public Comments Public comments have been received and are attached as Exhibit F. Issues for Consideration 1. Does the Planning Commission find that that the property owner proposes to use the property in a reasonable manner which is not permitted by an official control? 2. Does the Planning Commission find that the variance(s), if granted, will not alter the essential character of the neighborhood? 3. Does the Commission find it necessary to impose conditions in order to mitigate the impacts created by the granting of the requested variance(s)? 4. Are there any other issues or concerns with this application? Planning Staff Recommendation Planning Staff recommends approval of the variances as requested subject to the proposed hardcover reductions. FILE # LA21-000023 19 April 2021 Page 5 of 5 List of Exhibits Exhibit A. Application & Narrative Exhibit B. Practical Difficulties Documentation Form Exhibit C. Existing & Proposed Survey/Site Plan Exhibit D. Proposed Plans and Elevations Exhibit E. Submitted Hardcover Calculations Exhibit F. Public Comment Exhibit G. Aerial Photo Exhibit H. Property Owners List Exhibit I. Plat Map AGENDA ITEM Prepared By: J. Barnhart Reviewed By: A.Carlson Approved By: 1. Purpose. To consider an ordinance amendment related to boat storage, in part to address issues identified by the prosecuting attorney. 2. Background. The City Council reviewed this item originally in October, 2020, and in workshop in January and February, 2021. In February, the Council directed staff to prepare an ordinance amendment for review by the Planning Commission, with the direction that any resulting changes be easy to understand, with the assumption that easy to understand regulations are easy to follow. The Planning Commission has reviewed the application in March and April, including in workshop in April. The draft ordinance includes a definition of boat (lines 63-65), requirement of currently licensed and operable, with a definition of ‘operable’ (Lines 70-76). References to maximum length were removed (lines 79-85), and allowed storage locates were removed, and the required setbacks were modified for clarity (lines 86-96). 3. Planning Commission Vote and Comment. The Planning Commission held public hearings in March and April. The Commission ultimately recommended approval of the document provided with a vote of 6-0. Commissioners discussed the storage of fish houses, but ultimately did not recommend any regulations. They also discussed what a boat is, did the storage regulations apply to canoes/ kayaks, etc. They also discussed storage of boats on land in the lake yard, and ultimately elected to not introduce a prohibition on boat storage in the lake yard. The commission felt that a condition of operability was necessary, in response staff added a definition of operability. One commissioner felt that the 15 foot setback between neighboring structures should be retained, but the rest of the commissioners did not support the change. 4. Public Comment. No comments for or against the proposed amendment have been received. 5. Staff Recommendation. Staff recommends approval of the ordinance as drafted. COUNCIL ACTION REQUESTED The Council should approve, or direct changes to the ordinance as drafted. Exhibits A. Draft Ordinance B. PC Staff report 4-19-2021 C. PC Minutes 4-19-21 – Draft References LA20-47 Case file Item No.: 10 Date: May 10, 2021 Item Description: LA20-000047 – Text Amendment Related to Boat Storage Presenter: Jeremy Barnhart, AICP Community Development Director Agenda Section: Consent Agenda ORDINANCE NO. ___, THIRD SERIES CITY OF ORONO HENNEPIN COUNTY, MINNESOTA AN ORDINANCE AMENDING THE CODE OF ORDINANCES PERTAINING TO BOAT AND BOAT TRAILER PARKING IN RESIDNETIAL ZONING DISTRICTS THE CITY COUNCIL OF ORONO ORDAINS: SECTION 1. Sec. 78-1577 shall be amended by adding and deleting text in sub- paragraphs (1) and (4) to read as follows: Sec. 78-1577. - Exterior storage in R districts. In all R districts, it is the responsibility of the owner of any property, improved or unimproved, to maintain the outdoor areas; including courtyards and the like, of the property and adjacent rights-of-way in a manner that complies with the following requirements. All recreational vehicles, mobile homes, camping trailers, motor homes, pickup coaches, travel trailers, special mobile equipment, and utility trailers shall meet the requirements of this Code. Additionally, all exterior storage must comply with subdivision (6) of this section. (1) Definitions: a. Blight means a deteriorated condition, something that impairs or destroys. b. Junk means any cast-off, damaged, discarded, junked, obsolete, salvage, scrapped, unusable, worn-out or wrecked object, thing or material composed in whole or in part of asphalt, brick, carbon, cement, plastic, or other synthetic substance, fiber, glass, metal, paper, plaster, plaster of paris, rubber, terra cotta, wool, cotton, cloth, canvas, organic matter or other substance, regardless of perceived market value or requiring reconditioning in order to be used for its original purpose. c. Recreational vehicle. Mobile home and recreational vehicle shall mean and include the following definitions, and shall not include any manufactured housing unit bearing a State of Minnesota manufactured housing seal or certificate, for uses including but not limited to those listed below: 1. Camping trailer means a folding structure, mounted on wheels and designed for travel, recreation and vacation uses, also called a pop-up camper. 2. Motor home means a portable, temporary dwelling to be used for travel, recreation and vacation, constructed as an integral part of a self-propelled vehicle. 3. Pickup camper means a structure designed to be mounted on a truck chassis for use as a temporary dwelling for travel, recreation and vacation. 4. Travel trailer means a vehicular, portable structure built on a chassis, designed to be used as a temporary dwelling for travel, recreational and vacation uses, permanently identified as a travel trailer by the manufacturer of the trailer. d. Special mobile equipment means every vehicle not designed or used primarily for the transportation of persons or property and only incidentally operated or moved over a highway, including but not limited to: ditch digging equipment, moving dollies, pump hoists and other well-drilling equipment, street sweeping vehicles, and other machinery such as asphalt spreaders, bituminous mixers, bucket loaders, tractors other than truck-tractors, ditchers, leveling graders, finishing machines, motor graders, road rollers, scarifiers, earth-moving equipment. The term does not include travel trailers, dump trucks, truck-mounted transit mixers, truck-mounted feed grinders, or other motor vehicles designed for the transportation of persons or property to which machinery has been attached. e. Utility trailer means any motorless vehicle, other than a boat trailer or personal watercraft trailer, designed for carrying of snowmobiles, motorcycles, all terrain vehicles, or property on its own structure and for being drawn by a motor vehicle but shall not include boat trailers, a trailer drawn by a truck-tractor semitrailer combination, or an auxiliary axle on a motor vehicle which carries a portion of the weight of the motor vehicle to which it is attached. f. Boat, for the purposes of this article, means any water craft required to be registered or licensed by the state of Minnesota, but excluding canoes, kayaks, paddle boards, or pedal boats. (4) [Storage of boats and boat trailers.] Boats, unoccupied boat trailers, and boats on trailers shall be subject to the following storage requirements when not stored for commercial purposes: a. Licensing, operability and restorations. All boats stored outside on a residential property shall be currently licensed to the owner or occupant of the property. All boats stored on a property shall be in operable condition. For the purposes of this section, Inoperable condition shall mean a boat lacking parts essential to operation, including but not limited to motor, propeller, battery; or having the interior, including the driver's position, used for storage in such a manner that no person can operate the vehicle., except that inoperable boats under active restoration may be stored on a property for not more than two years, the intent being to discourage the long-term storage of inoperable boats on residential property. b. Principal residence required. No boat shall be stored on a property or on a group of contiguous commonly owned properties that does not contain a principle residence structure. c. Maximum length. Boats and unoccupied boat trailers exceeding 30 feet in length shall not be stored on any residential property except within a fully enclosed building meeting all applicable zoning and building code standards. Exception: Existing boats over 30 feet in length which are documented to have been stored on the property within the 24 months prior to the effective date of the ordinance from which this section is derived shall be allowed to continue such storage practice until the property is sold, and shall meet the setback requirements of this section. d. Allowed storage locations. Boats and unoccupied boat trailers up to 30 feet in length may be stored outside on residential property as follows: 1. Lakeshore lots. Boats may be stored in a side yard, street yard, side street yard and lakeshore yard as long as they meet required setbacks and have no significant impact on lake views enjoyed by adjacent neighbors. 2. Nonlakeshore lots. Boats maybe stored in a side yard and rear yard; trailerable boats may be stored on trailers in a driveway in a front yard or side street yard. ce. Required setbacks. Boats, including trailered boats, and unoccupied boat trailers may be stored in any yard, provided that a shall be stored no less than five feet setback is provided. from any lot line and no less than 15 feet from the principal residence structure on any adjacent lot. df. Screening. Screening is not required for outside boat storage when in conformance with this section. If boats are shrink wrapped, white is the preferred color but is not mandatory. Sections 2, 3. 5 and 6 purposefully not changed SECTION 4. EFFECTIVE DATE: This ordinance shall take effect immediately upon its passage and publication. ADOPTED this _____ day of _____, 2021 on a vote of __ ayes and __ nays by the City Council of Orono, Minnesota. ATTEST: ______________________________ _____________________________ Anna Carlson, City Clerk Dennis Walsh, Mayor Ordinance published in The Laker Pioneer newspaper the week of ________, 2021. To: Chair Kirchner and Planning Commission Members Adam Edwards, City Administrator From: Jeremy Barnhart, AICP Community Development Director Date: April 19, 2021 Subject: #LA20-000047, City of Orono Text Amendment related to Boat storage Public Hearing Background/ Problem The City Prosecuting Attorney has identified challenges to the enforcement of the regulations related to boat and boat trailer storage, and has recommended the City amend the ordinance to address these issues. The City Council has further directed staff that any resulting changes be easy to understand; understandable regulation is easier to follow. The Council noted that residents of a lake community should expect some level of boat storage in residential districts. During the March 15, 2021 Planning Commission meeting, Commissioners requested a workshop to review the proposed changes. Pending the Commission workshop discussion, this item should either be tabled, or approved. The Commission wanted to discuss the following: Identification of boats being regulated (Kayaks, canoes, etc.) Fish houses Operability Time period (of boat storage/ repair) Lake yard boat storage Solution The draft ordinance is attached as Exhibit A. The draft regulation adds a definition of boat and fish house. It modifies the operable condition requirement as requested by the commissioners. References to a time limit were removed, as that is one of the primary purposes behind the amendment. The revision does require currently licensed to the owner or occupant of the property, which should address storage of boats as a side business, or concerns with boat density on a property. The code removes references to the length of the boat in question. The Commission should discuss the yards where boat storage is not permissible, noting that the commission felt that some lake yard storage was appropriate. Application Summary: The City is contemplating an ordinance amendment related to the storage of recreational equipment, including boats and boat trailers, on residential property. Staff Recommendation: Planning Department Staff recommends approval of the ordinance as drafted. Council Exhibit B LA20-47 FILE #LA20-47 April 19, 2021 Page 2 of 2 Public Comments To date, no public comments have been received, though one resident has requested a draft of the ordinance. Issues for Consideration 1. Does the Commission suggest any yards as off limits for boat storage? 2. Should fish houses be regulated like boats, or like accessory buildings? 3. Does the Commission recommend any other changes? Planning Staff Recommendation Planning Staff recommends the ordinance as drafted. List of Exhibits Exhibit A. Draft Ordinance Exhibit B. March 15 PC Minutes -draft References March 15, 2021 Planning Commission Packet MINUTES OF THE ORONO PLANNING COMMISSION Monday, April 19, 2021 6:00 o’clock p.m. _____________________________________________________________________________________ Page 1 of 1 4.LA20-000047 TEXT AMENDMENT RELATED TO BOAT STORAGE Barnhart said this item carries over from the March meeting and the work session from earlier today. The Planning Commission provided some feedback in terms of changes to the ordinances as it relates to boat storage. The City code has certain rules and regulations for boat storage and they have worked to address a code enforcement issue identified by the City Attorney. Staff has drafted an ordinance amendment to define what boats are for the purposes of this regulation - basically excluding canoes, kayaks, paddleboards, or pedal boats – and Staff recommends that all boats stored on properties have to be currently licensed and not missing key components of being a boat. These include a motor, propeller, battery, or the interior used for storage such that a person could not operate the vehicle. He noted they borrow from the junk car regulation in that they are not asking people to turn the motor on a boat to make sure it runs, and not all boats have motors. However, it would be to demonstrate that the boat is operable as a boat versus a storage facility. Staff recommends approval as drafted with the exception of “fish house.” He would like to remove fish houses from this ordinance and they will address that later if needed. Chair Kirchner opened the public hearing at 6:49 p.m. Chair Kirchner closed the public hearing at 6:49 p.m. McCutcheon moved, Ressler seconded, to approve LA20-000047 Text Amendment related to boat storage. VOTE: Ayes 6, Nays 0. Council Exhibit C LA20-47 AGENDA ITEM Prepared By: J. Barnhart Reviewed By: A.Carlson Approved By: 1. Purpose. Two actions: a. Consider an ordinance amendment removing the requirement for a conditional use permit to place a shower or bathtub in an accessory building, and b. Adopt a summary ordinance for publication. 2. Background. Currently, placing a shower or bathtub in an accessory building requires a conditional use permit. The net effect of that action is a resolution that requires the property owner to record a covenant against the property that states the property will not be: 1. Used for a home occupation unless specifically approved by the city or if allowed by this Code. 2. Used as a dwelling unless a guest house conditional use permit is obtained. 3. Rented, leased or otherwise provided for use as a dwelling under any circumstances. These requirements can be written into the code without the 6+ week timeline of going through the conditional use permit process. There have been 8 such requests in the last 15 months. Additionally, given the concern of additional density, the draft ordinance updates the definition of a guest house, incorporating by reference the Minnesota State Building Code. If an accessory building has all of the facilities for a dwelling as defined by the Building Code, it is a guest house, and would require a conditional use permit. In practice, we anticipate the modification of plans for properties that do not meet the guest house requirement. Finally, because the draft ordinance is lengthy, a summary ordinance has been prepared, for publication. 3. Planning Commission Vote and Comment. On April 17th, the Planning Commission held a public hearing. Following the public hearing, the Planning Commission voted 6-0 on a motion to approve the ordinance amendment as proposed. 4. Public Comment. No comments for or against the proposal have been received. 5. Staff Recommendation. Staff recommends the Council adopt the Ordinances as drafted. COUNCIL ACTION REQUESTED City Council should review the ordinance and adopt or amend. Exhibits A. Draft Ordinance B. Draft summary Ordinance C. Staff report to Planning Commission D. Planning Commission minutes - draft Item No.: 11 Date: May 10, 2021 Item Description: LA21-000027, City of Orono Text Amendment related to plumbing in accessory structures in residential districts. Presenter: Jeremy Barnhart, AICP Community Development Director Agenda Section: Consent Agenda ORDINANCE NO. ___, THIRD SERIES CITY OF ORONO HENNEPIN COUNTY, MINNESOTA AN ORDINANCE AMENDING THE CODE OF ORDINANCES REGULATING PLUMBING IN ACCESSORY BUILDINGS THE CITY COUNCIL OF ORONO ORDAINS: SECTION 1. Sec. 78-1 shall be amended by adding text to read as follows: Sec 78-1. Guest apartment means a room or a set of rooms n apartment within a principal residence structure for the sole use of the occupants of the principal residence, including their domestic employees or their nonpaying guests, with at least one access door to the apartment from within the principal structure, such door being the primary access to the apartment. Guest house means an accessory separate dwelling dwelling unit in a detached accessory building constructed on an existing undivided lot for the sole use of the occupants, including their domestic employees or their nonpaying guests, of the primary dwelling. All regular lot requirements shall be met by the guest house. For the purposes of this Chapter, a guest house is considered a dwelling unit if it meets all of the requirements of a dwelling unit outlined in the Minnesota State Building Code, as amended from time to time. These requirements include complete independent living facilities with permanent provisions for living, sleeping, eating, cooking, and sanitation. SECTION 2. Sec. 78-1437 shall be amended by adding text to read as follows: Sec. 78-1437. Plumbing. Because the provision of plumbing fixtures and wastewater plumbing in accessory buildings has the potential to allow such buildings to be used as dwelling units, and because it is the policy of the city to limit residential development density to the allowed densities within the respective zoning districts, plumbing in accessory buildings shall be regulated as follows: (1) The provision of outside sillcocks and indoor water supply shall be allowed in any accessory building. (2) Installation of any combination of fixtures requiring wastewater plumbing that does not include a shower or bathtub shall be allowed in any accessory building, subject to provision of municipal sanitary sewer or a conforming sewage treatment system designed to handle the anticipated flows from such fixtures, and subject to the property owners executing a covenant providing that the accessory building will not be: a. Used for a home occupation unless specifically approved by the city or if allowed by this Code. b. Used as a dwelling unless a guest house conditional use permit is obtained. c. Rented, leased, or otherwise provided for use as a dwelling under any circumstances. (3) Installation of any combination of fixtures requiring wastewater plumbing that includes a shower or bathtub shall be allowed only in an accessory building which meets one of the following criteria: a. The accessory building has been approved for a guest house conditional use permit; or b. The accessory building has been approved for a bathtub or shower in accessory building conditional use permit. SECTION 3. Sec. 78-228 shall be amended by adding text to read as follows: Sec 78-228 Conditional Uses (2) Guest houses and non-rental guest apartments. a. Guest houses, provided that: 1. The lot is at least two times the minimum lot area required by this section; and 2. The guest house is for the sole use of the occupants of the principle dwelling, including their domestic employees and nonpay ing guests. 3. The property owner must execute a covenant providing that the guest house will not be: 1. Used for a home occupation unless specifically approved by the city or if allowed by this Code. 2. Rented, leased, or otherwise provided for use as a dwelling under any other circumstances than what is provided for in city code. b. Guest apartments with exterior ingress and egress, provided that: 1. The application for a guest apartment adequately addresses the concerns of parking, sewage treatment, exterior access method, and interior access method; 2. There is at least one access door to the apartment from inside the principal dwelling and this door is the primary means of accessing the apartment; 3. The guest apartment does not have a separate address; 4. The guest apartment's utilities are not metered separately from the principal dwelling; and 5. The guest apartment is for the sole use of the occupants of the principal dwelling, including their domestic employees and nonpaying guests.(6) Provision of a bathtub or shower in an accessory building. Approval shall be conditioned on provision of municipal sanitary sewer or a conforming sewage treatment system designed to handle the anticipated flows from the buildi ng plumbing. Approval shall be granted only when the following criteria are met: a. The council finds that the proposed use of the accessory structure with a bathtub or shower will not be detrimental to the residential character of the neighborhood. b. The council finds that the plumbing fixtures proposed are in keeping with the intended use of the accessory building. c. The property owner agrees to the filing of a covenant in the title of the property providing that the accessory building wil l not be: 1. Used for a home occupation unless specifically approved by the city or if allowed by this Code. 2. Used as a dwelling unless a guest house conditional use permit is obtained. 3. Rented, leased or otherwise provided for use as a dwelling under any circumstances. SECTION 4. Sec. 78-253 shall be amended by adding text to read as follows: Sec 78-253 Conditional Uses (2) Guest houses and non-rental guest apartments. a. Guest houses, provided that: 1. The lot is at least two times the minimum lot area required by this section; and 2. The guest house is for the sole use of the occupants of the principle dwelling, including their domestic employees and nonpaying guests. 3. The property owner must execute a covenant providing that the guest house will not be: a. Used for a home occupation unless specifically approved by the city or if allowed by this Code. b. Rented, leased, or otherwise provided for use as a dwelling under any other circumstances than what is provided for in city code. b. Guest apartments with exterior ingress and egress, provided that: 1. The application for a guest apartment adequately addresses the concerns of parking, sewage treatment, exterior access method, and interior access method; 2. There is at least one access door to the apartment from inside the principal dwelling and this door is the primary means of accessing the apartment; 3. The guest apartment does not have a separate address; 4. The guest apartment's utilit ies are not metered separately from the principal dwelling; and 5. The guest apartment is for the sole use of the occupants of the principal dwelling, including their domestic employees and nonpaying guests.(6) Provision of a bathtub or shower in an accessory building. Approval shall be conditioned on provision of municipal sanitary sewer or a conforming sewage treatment system designed to handle the anticipated flows from the building plumbing. Approval shall be granted only when the following criteria are met: a. The council finds that the proposed use of the accessory structure with a bathtub or shower will not be detrimental to the residential character of the neighborhood. b. The council finds that the plumbing fixtures proposed are in keeping with the intended use of the accessory building. c. The property owner agrees to the filing of a covenant in the title of the property providing that the accessory building wil l not be: 1. Used for a home occupation unless specifically approved by the city or if allowed by this Code. 2. Used as a dwelling unless a guest house conditional use permit is obtained. 3. Rented, leased or otherwise provided for use as a dwelling under any circumstances. SECTION 5. Sec. 78-303 shall be amended by adding text to read as follows: Sec 78-303 Conditional Uses (2) Guest houses and non-rental guest apartments. a. Guest houses, provided that: 1. The lot is at least two times the minimum lot area required by this section; and 2. The guest house is for the sole use of the occupants of the principle dwelling, including their domestic employees and nonpaying guests. 3. The property owner must execute a covenant providing that the guest house will not be: a. Used for a home occupation unless specifically approved by the city or if allowed by this Code. b. Rented, leased, or otherwise provided for use as a dwelling under any other circumstances than what is provided for in city code. b. Guest apartments with exterior ingress and egress, provided that: 1. The application for a guest apartment adequately addresses the concerns of parking, sewage treatment, exterior access method, and interior access method; 2. There is at least one access door to the apartment from inside the principal dwelling and this door is the primary means of accessing the apartment; 3. The guest apartment does not have a separate address; 4. The guest apartment's utilities are not metered separately from the principal dwelling; and 5. The guest apartment is for the sole use of the occupants of the principal dwelling, including their domestic employees and nonpaying guests. (7)Provision of a bathtub or shower in an accessory building. Approval shall be conditioned on provision of municipal sanitary sewer or a conforming sewage treatment system designed to handle the anticipated flows from the building plumbing. Approval shall be granted only when the following crit eria are met: a. The council finds that the proposed use of the accessory structure with a bathtub or shower will not be detrimental to the residential character of the neighborhood. b. The council finds that the plumbing fixtures proposed are in keeping with the intended use of the accessory building. c. The property owner agrees to the filing of a covenant in the title of the property providing that the accessory building will not be: 1.Used for a home occupation unless specifically approved by the city or if allowed by this Code. 2.Used as a dwelling unless a guest house conditional use permit is obtained. 3.Rented, leased or otherwise provided for use as a dwelling under any circumstances. SECTION 6. Sec. 78-328 shall be amended by adding text to read as follows: Sec 78-328 Conditional Uses (2) Guest houses and non-rental guest apartments. a. Guest houses, provided that: 1. The lot is at least two times the minimum lot area required by this section; and 2. The guest house is for the sole use of the occupants of the principle dwelling, including their domestic employees and nonpaying guests. 3. The property owner must execute a covenant providing that the guest house will not be: a. Used for a home occupation unless specifically approved by the city or if allowed by this Code. b. Rented, leased, or otherwise provided for use as a dwelling under any other circumstances than what is provided for in city code. b. Guest apartments with exterior ingress and egress, provided that: 1. The application for a guest apartment adequately addresses the concerns of parking, sewage treatment, exterior access method, and interior access method; 2. There is at least one access door to the apartment from inside the principal dwelling and this door is the primary means of accessing the apartment; 3. The guest apartment does not have a separate address; 4. The guest apartment's utilities are not metered separately from the principal dwelling; and 5. The guest apartment is for the sole use of the occupants of the principal dwelling, including their domestic employees and nonpaying guests. (7) Provision of a bathtub or shower in an accessory building. Approval shall be conditioned on provision of municipal sanitary sewer or a conforming sewage treatment system designed to handle the anticipated flows from the building plumbing. Approval shall be granted only when the following criteria are met: a. The council finds that the proposed use of the accessory structure with a bathtub or shower will not be detrimental to the residential character of the neighborhood. b. The council finds that the plumbing fixtures proposed are in keeping with the intended use of the accessory building. c. The property owner agrees to the filing of a covenant in the title of the property providing that the accessory building will not be: 1. Used for a home occupation unless specifically approved by the city or if allowed by this Code. 2. Used as a dwelling unless a guest house conditional use permit is obtained. 3. Rented, leased or otherwise provided for use as a dwelling under any circumstances. SECTION 7. Sec. 78-348 shall be amended by adding text to read as follows: Sec 78-348 Conditional Uses (2) Guest houses and non-rental guest apartments. a. Guest houses, provided that: 1. The lot is at least two times the minimum lot area required by this section; and 2. The guest house is for the sole use of the occupants of the principle dwelling, including their domestic employees and nonpaying guests. 3. The property owner must execute a covenant providing that the guest house will not be: a. Used for a home occupation unless specifically approved by the city or if allowed by this Code. b. Rented, leased, or otherwise provided for use as a dwelling under any other circumstances than what is provided for in city code. b. Guest apartments with exterior ingress and egress, provided that: 1. The application for a guest apartment adequately addresses the concerns of parking , sewage treatment, exterior access method, and interior access method; 2. There is at least one access door to the apartment from inside the principal dwelling and this door is the primary means of accessing the apartment; 3. The guest apartment does not have a separate address; 4. The guest apartment's utilities are not metered separately from the principal dwelling; and 5. The guest apartment is for the sole use of the occupants of the principal dwelling, including their domestic employees and nonpaying guests. (8) Provision of a bathtub or shower in an accessory building. Approval shall be conditioned on provision of municipal sanitary sewer or a conforming sewage treatment system designed to handle the anticipated flows from the building plumbing. Approval shall be granted only when the following criteria are met: a. The council finds that the proposed use of the accessory structure with a bathtub or shower will not be detrimental to the residential character of the neighborhood. b. The council finds that the plumbing fixtures proposed are in keeping with the intended use of the accessory building. c. The property owner agrees to the filing of a covenant in the title of the property providing that the accessory building will not be: 1. Used for a home occupation unless specifically approved by the city or if allowed by this Code. 2. Used as a dwelling unless a guest house conditional use permit is obtained. 3. Rented, leased or otherwise provided for use as a dwelling under any circumsta nces. SECTION 8. Sec. 78-367 shall be amended by adding text to read as follows: Sec 78-367 Conditional Uses (2) Guest houses and non-rental guest apartments. a. Guest houses, provided that: 1. The lot is at least two times the minimum lot area required by this section; and 2. The guest house is for the sole use of the occupants of the principle dwelling, including their domestic employees and nonpaying guests. 3. The property owner must execute a covenant providing that the guest house will not be: a. Used for a home occupation unless specifically approved by the city or if allowed by this Code. b. Rented, leased, or otherwise provided for use as a dwelling under any other circumstances than what is provided for in city code. b. Guest apartments with exterior ingress and egress, provided that: 1. The application for a guest apartment adequately addresses the concerns of parking, sewage treatment, exterior access method, and interior access method; 2. There is at least one access door to the apartment f rom inside the principal dwelling and this door is the primary means of accessing the apartment; 3. The guest apartment does not have a separate address; 4. The guest apartment's utilities are not metered separately from the principal dwelling; and 5. The guest apartment is for the sole use of the occupants of the principal dwelling, including their domestic employees and nonpaying guests. (8) Provision of a bathtub or shower in an accessory building. Approval shall be conditioned on provision of municipal sanitary sewer or a conforming sewage treatment system designed to handle the anticipated flows from the building plumbing. Approval shall be granted only when the following criteria are met: a. The council finds that the proposed use of the accessory structure with a bathtub or shower will not be detrimental to the residential character of the neighborhood. b. The council finds that the plumbing fixtures proposed are in keeping with the intended use of the accessory building. c. The property owner agrees to the filing of a covenant in the title of the property providing that the accessory building will not be: 1. Used for a home occupation unless specifically approved by the city or if allowed by this Code. 2. Used as a dwelling unless a guest house conditional use permit is obtained. 3. Rented, leased or otherwise provided for use as a dwelling under any circumstances. SECTION 9. Sec. 78-393 shall be amended by adding text to read as follows: Sec 78-393 Conditional Uses (2) Guest houses and non-rental guest apartments. a. Guest houses, provided that: 1. The lot is at least two times the minimum lot area required by this section; and 2. The guest house is for the sole use of the occupants of the principle dwelling, including their domestic employees and nonpaying guests. 3. The property owner must execute a covenant providing that the guest house will not be: a. Used for a home occupation unless specifically approved by the city or if allowed by this Code. b. Rented, leased, or otherwise provided for use as a dwelling under any other circumstances than what is provided for in city code. b. Guest apartments with exterior ingress and egress, provided that: 1. The application for a guest apartment adequately addresses the concerns o f parking, sewage treatment, exterior access method, and interior access method; 2. There is at least one access door to the apartment from inside the principal dwelling and this door is the primary means of accessing the apartment; 3. The guest apartment does not have a separate address; 4. The guest apartment's utilities are not metered separately from the principal dwelling; and 5. The guest apartment is for the sole use of the occupants of the principal dwelling, including their domestic employees and n onpaying guests. (6) Provision of a bathtub or shower in an accessory building. Approval shall be conditioned on provision of municipal sanitary sewer or a conforming sewage treatment system designed to handle the anticipated flows from the building plumbing. Approval shall be granted only when the following criteria are met: a. The council finds that the proposed use of the accessory structure with a bathtub or shower will not be detrimental to the residential character of the neighborhood. b. The council finds that the plumbing fixtures proposed are in keeping with the intended use of the accessory building. c. The property owner agrees to the filing of a covenant in the title of the property providing that the accessory building wil l not be: 1. Used for a home occupation unless specifically approved by the city or if allowed by this Code. 2. Used as a dwelling unless a guest house conditional use permit is obtained. 3. Rented, leased or otherwise provided for use as a dwelling under any circumstances. SECTION 10. Sec. 78-418 shall be amended by adding text to read as follows: Sec 78-418 Conditional Uses (2) Guest houses and non-rental guest apartments. a. Guest houses, provided that: 1. The lot is at least two times the minimum lot area required by this section; and 2. The guest house is for the sole use of the occupants of the principle dwelling, including their domestic employees and nonpaying guests. 3. The property owner must execute a covenant providing that the guest house will not be: a. Used for a home occupation unless specifically approved by the city or if allowed by this Code. b. Rented, leased, or otherwise provided for use as a dwelling under any other circumstances than what is provided for in city code. b. Guest apartments with exterior ingress and egress, provided that: 1. The application for a guest apartment adequately addresses the concerns of parking, sewage treatment, exterior access method, and interior access method; 2. There is at least one access door to the apartment from inside the principal dwelling and this door is the primary means of accessing the apartment; 3. The guest apartment does not have a separate address; 4. The guest apartment's utilities are not metered separately from the principal dwelling; and 5. The guest apartment is for the sole use of the occupants of the principal dwelling, including their domestic employees and nonpaying guests. (6) Provision of a bathtub or shower in an accessory building. Approval shall be conditioned on provision of municipal sanitary sewer or a conforming sewage treatment system designed to handle the anticipated flows from the building plumbing. Approval shall be granted only when the following cri teria are met: a. The council finds that the proposed use of the accessory structure with a bathtub or shower will not be detrimental to the residential character of the neighborhood. b. The council finds that the plumbing fixtures proposed are in keeping with the intended use of the accessory building. c. The property owner agrees to the filing of a covenant in the title of the property providing that the accessory building wil l not be: 1. Used for a home occupation unless specifically approved by the city or if allowed by this Code. 2. Used as a dwelling unless a guest house conditional use permit is obtained. 3. Rented, leased or otherwise provided for use as a dwelling under any circumstances. SECTION 11. EFFECTIVE DATE: This ordinance shall take effect immediately upon its passage and publication. ADOPTED this _____ day of _____, 2021 on a vote of __ ayes and __ nays by the City Council of Orono, Minnesota. ATTEST: ______________________________ _____________________________ Anna Carlson, City Clerk Dennis Walsh, Mayor Ordinance published in The Laker Pioneer newspaper the week of ________, 2021. SUMMARY ORDINANCE NO. _____, THIRD SERIES CITY OF ORONO HENNEPIN COUNTY, MINNESOTA CITY OF ORONO HENNEPIN COUNTY, MINNESOTA AN ORDINANCE AMENDING THE CODE OF ORDINANCES REGULATING PLUMBING IN ACCESSORY BUILDINGS NOTICE IS HEREBY GIVEN that, on May 10, 2021, Ordinance ____, Third Series was adopted by the City Council of the City of Orono, Minnesota. NOTICE IS HEREBY GIVEN that, because of the lengthy nature of Ordinance No.____, Third Series, the following summary of the ordinance has been prepared for publication. NOTICE IS HEREBY GIVEN that the ordinance adopted by the Council amends Chapter 78 of the Orono City Code regarding regulations applicable to plumbing in accessory buildings as conditional uses in the R-1B, LR-1A, 1B, 1C, 1C-1, RR-1A, and RR-1B zoning districts. The Ordinance modifies the definition of guest houses, guest apartments, and removes the requirement that these uses obtain a Conditional Use Permit, provided a covenant is recorded against the propoerty. APPROVED for publication by the City Council of Orono, Minnesota, this ___ day of May, 2021. ATTEST: ______________________________ _____________________________ Anna Carlson, City Clerk Dennis Walsh, Mayor Summary Ordinance published in The Laker Pioneer newspaper the week of ________, 2021. Council Exhibit B LA21-27 To: Chair Kirchner and Planning Commission Members Adam Edwards, City Administrator From: Jeremy Barnhart, AICP, Community Development Director Date: April 19, 2021 Subject: #LA21-27, City of Orono Text Amendment related to Plumbing in Residential districts Background The city closely regulates guest apartments and guest homes, to avoid undesired increased density in residential districts. As part of that regulation, any accessory building that includes a shower or bath requires a conditional use permit. In the last 15 months, there have 8 conditional use permits for plumbing/ guest houses, including one of those for a guest house. City staff sees this as an unnecessary burden for residents, given the conditions imposed by ordinance. When plumbing in an accessory building is approved, the property owner is required to record a covenant against the property that states the accessory building will not be: a.Used for a home occupation unless specifically approved by the city or if allowed by this Code. b.Used as a dwelling unless a guest house conditional use permit is obtained. c.Rented, leased or otherwise provided for use as a dwelling under any circumstances. To address this issue, staff proposes the changes illustrated in the draft ordinance. These changes include: o adjustment to the definition of a guest house to incorporate building code standards o Removal of the CUP requirement for plumbing improvements that include shower or bath. It should be noted that changes to the Conditional Use and Accessory uses sections of most residential districts will be necessary to reflect the changes. The two sections (Section 78-228 and 78-229) are provided as examples. Public Comments To date, no public comments have been received. Application Summary: The draft ordinance would remove the requirement for Conditional Use Permits for showers/ baths in accessory buildings. Staff Recommendation: Planning Department Staff recommends approval as drafted. Council Exhibit C LA21-27 FILE #LA21-27 April 19, 2021 Page 2 of 2 Issues for Consideration 1. Are there any other issues or concerns with this application? Planning Staff Recommendation Planning Staff recommends approval of the changes as proposed. List of Exhibits Exhibit A. Draft Ordinance MINUTES OF THE ORONO PLANNING COMMISSION Monday, April 19, 2021 6:00 o’clock p.m. _____________________________________________________________________________________ Page 1 of 1 5. LA21-000027 TEXT AMENDMENT RELATED TO PLUMBING IN ACCESSORY BUILDINGS Barnhart said this ordinance is intended to address an issue that seemed to require residents to go through an unnecessary level of hoops to get minor improvements to their property, but it also still retains protection from a density issue. City code requires someone adding a bath or shower to an accessory building to get a Conditional Use Permit (CUP) for plumbing. The original concern is they were trying to prevent excess density by adding dwelling units in residential areas, effectively doubling the amount of density in a particular area. In the last 15 months the City has had 8 plumbing CUP’s come through, all were approved and all included as a matter of approval a covenant that the applicant will not use the structure as a guest house, home occupation, or rent it. From Staff’s perspective, they can accommodate those same goals through a conditional permit and not necessarily a conditional use permit (CUP). Staff recommends some changes that remove the requirement that if one is adding a bath or shower to an accessory building, they need to get a CUP. They will still need a CUP when building a guest house, which has been defined a bit differently in correlation with the building code; it requires all of the standards of a dwelling unit identified in the building code such as living, sleeping, eating, cooking, and sanitation requirements. If one meets those requirements they would need a CUP and if they do not they would need to sign a covenant through the office. This ordinance is identical in six residential zoning districts so the actual ordinance amendment will be much lengthier because of duplication. For purposes of conversation, Barnhart wants to show the Commissioners what they may expect to see in the new ordinance. This draft would require the covenant with the standards here and would still prevent guest homes beyond certain requirements. Staff recommends approval of this change that would ease some of the process for property owners looking to add a shower to a pool house, for example. Chair Kirchner opened the public hearing at 6:55 p.m. Chair Kirchner closed the public hearing at 6:55 p.m. Kirchner noted they have seen these applications quite a bit and as Barnhart stated they have all been approved in the last 15 months. This would also help homeowners get projects done in a more timely manner rather than waiting for Planning Commission and Council approval. Ressler moved, Erickson seconded, to approve LA21-000027 Text Amendment related to plumbing in accessory buildings as proposed by Staff. VOTE: Ayes 6, Nays 0. Council Exhibit D LA21-27 AGENDA ITEM Prepared By: J. Barnhart Reviewed By: A.Carlson Approved By: 1. Purpose. To authorize Bolton and Menk to proceed with a planning process as described in the scope summary. 2. Background. During their workshop on April 12, staff requested and received City Council support to solicit input on potential improvements/revisions to the Navarre Parking lot, to serve the long term needs of the neighborhood. Based on that feedback, Bolton and Menk has prepared a revised scope of services intended to draw input from the neighborhood and business community. The Council is asked to confirm the outreach process, and formally authorize the work. 3. Scope. The outreach process, as described in the attached Bolton and Menk summary, is to include: a. A virtual open house b. A pop-up meeting c. A stakeholder meeting (city staff to identify stakeholders) If the Council desires additional public interaction, please advise. 4. Cost. Bolton and Menk has prepared a proposal (Exhibit A) for a fee not to exceed $16,900. 5. Funding. The study will be funded by the Community Investment Fund. The Estimated End Year 2021 balance for the fund is $595,2020.73 6. Staff Recommendation. Staff recommends the Council authorize the work described in the scope summary. COUNCIL ACTION REQUESTED Council authorize Bolton and Menk to complete the work described in the scope summary for a fee not to exceed $16,900. Exhibits A. Scope summary dated April 20, 2021 Item No.: 12 Date: May 10, 2021 Item Description: Navarre Parking Lot – Authorization for Planning Presenter: Jeremy Barnhart, AICP Community Development Director Agenda Section: Consent Agenda H:\ORNO\2021 New Projects\Fee Estimate - Parking Lot Engagement.docx April 20, 2021 City of Orono Attn: Jeremy Barnhart PO Box 66 Orono, MN 55323 RE: Navarre Area Engagement Dear Jeremy: As requested, we have prepared a scope of services and fee estimate for the proposed Navarre Parking Lot Improvements community engagement. It is our understanding that the City would like to evaluate new features and modifications for the Navarre area parking lot before resurfacing occurs in 2022. We have organized our scope of services and fees by task. Proposed Scope of Services Staff Meetings – Our team will meet with city staff via conference video call twice during this contract. The first to review the approach, scope, schedule, and materials and the second to review the summary of engagement and next steps. Estimated Cost: $900 Virtual Public Open House – A virtual public open house opportunity will use ArcGIS’s Story Map ; an example is shown here: https://17th-st-n-corridor-study-bmi.hub.arcgis.com/. For the Navarre area parking lot engagement, we will include a project summary, a brief visual preference survey, and methods to provide comment. It is expected the City will provide a link to this web page from their website. A live Q&A with project staff can also be held virtually . To market this engagement opportunity, Bolton & Menk will send direct mailers to prop erties within the Navarre area (not to exceed 700) and will work with the City on other forms of marketing, like social media . Estimated Cost: $8,800 Pop-Up Meeting – Bolton & Menk will hold a pop -up style public input meeting to gather feedback from parking lot users. This will occur simultaneously with the virtual public open house and run for four hours on a typical day, likely from 3 -7 to capture afternoon park visitors and after work and dinner crowds. Estimated Cost: $3,300 Stakeholder Meeting – Our team will work with the businesses that surround the Navarre parking lot to host a listening session with these key stakeholders. The City is to provide contact information for key stakeholders. Estimated Cost: $2,400 Engagement Summary – Once the engagement process is complete, we will summarize what we heard to provide information to the City for decisions on next steps for the parking lot area. Depending on the outcomes of the engagement process, additional scope may be necessary to provide alternative recommendations and new designs. Estimated Cost: $1,500 Fee Estimate Based on the scope of services described above, we propose a not -to -exceed fee of $16,900. If necessary, we will gladly work with the City to adjust our scope and fees to meet your needs and expectation for the project. We anticipate this work to be completed by the end of August. Navarre Parking Lot Improvements Ap ril 20, 2021 Page 2 H:\ORNO\2021 New Projects\Fee Estimate - Parking Lot Engagement.docx Please let me know if you have questions or need additional information. Sincerely, Bolton & Menk, Inc. David P. Martini, P.E. Principal Engineer AGENDA ITEM Prepared By: Reviewed By: Approved By: 1. Purpose. The purpose of this item is to gain Council approval for the replacement of Fire Department UE13. 2. Background. See exhibit A. 3. Cost. The low quote for the vehicle is $170,000 from Fire Safe, USA. 4. Funding. The CIP had $130,000 allocated for the vehicle in 2021. Orono’s portion of the Purchase of the vehicle the fire allocation within the Equipment Outlay Fund. The current balance of the fire portion of the equipment outlay fund is $ 471,857. COUNCIL ACTION REQUESTED. Approval / denial of request to replace UE13. Exhibit A. Fire Department Utility Vehicle Request Item No.: 13 Date: May 10 , 2021 Item Description: Fire Department Utility Vehicle Request Presenter: James Van Eyll Fire Chief Agenda Section: Fire Department Report AGENDA ITEM Prepared By: mcc Reviewed By: J. Barnhart Approved By: 1. Purpose. Provide an update on the application to place a private dock on public right of way, on Big Island. 2. MN§15.99 Application Deadline. The application was received on February 8th and considered to be complete on February 16th. The applicant has agreed to extend the review timeline; the review period now expires on August 15, 2021. 3. Background. The applicants own 480 Big Island, a non-lakeshore property on Big Island. Pursuant to City Code Section 78-567, the applicants request approval to place a private dock on the right-of-way (Bay Place). Big Island is zoned RS, which is the only district where a non-lakeshore property is permitted access to the lake; the city may issue a permit for a dock in the right of way, or the property owner may obtain an easement over private property. At the Council’s April 12th meeting, the applicants presented their request. In addition there were several members from the public present offering input. Following the discussion, the City Council tabled the application and directed the applicant to work with the other Big Island property owners to develop a solution or policy addressing dock access needs for inland property owners. 4. Update. The applicants have held meetings with the small group of Big Island neighbors who have been involved to date. They met on April 28th and May 5th. The applicant has provided a written update, attached as Exhibit A. They have not yet developed a solution to the issue. 5. Public Comment. Additional written comments have been received from Ms. Farnes since the April 12th Council meeting. Her comments are attached as Exhibit B. COUNCIL ACTION REQUESTED Information provided as an update only, no action is requested. Exhibits A. Applicant Update B. Farnes Emails – New C. Council Minutes 04/12/2021 D. Council Staff Report 04/12/2021 References PC Memo & Exhibits of 03/15/2021 Council Exhibits of 04/12/2021 A. Applicants’ Revised Narrative B. City Code Section: 78-72 Lots of Record C. City Code Section: 78-567 Permit for private improvements within public rights-of-way D. Resolution Nos. 2038 and 4456 – Dock Permits E. Draft PC Minutes F. All Public Comments Received G. PC Staff Report Item No.: 14 Date: May 10, 2021 Item Description: LA21-000017 – Joseph & Sara Thull, 480 Big Island, Permit for Dock on City ROW (Bay Place) - Update Presenter: Melanie Curtis Planner Agenda Section: Planning Department Report City Council Update –Big Island Interior Lot Lake Access •The Following is a Recap Of Activities The Big Island Neighbors Have Taken Since The City Council Meeting Held Monday, April 12th •The Primary Group Working On This Have Mostly Been Neighbors Who Attended The Past Planning or City Council Meetings Actions Taken Since Last Meeting •An email went out to core people with a plan to create a proposed resolution by May 10th •Proposals were solicited by the group Three primary recommendations/proposals were created by the property owners. Two Recommendations by Interior Lot Owners: Joe Thull & Ted Hanna One Recommendation by lakeshore owner Eric Saari •The City Council Meeting Minutes were sent out to the group on April 27th. •We aligned on the big questions to make sure we are all on the same page. •The group then met to review the proposals on April 28th to discuss, clarify and solicit other feedback and determine how close we were to a resolution. •The Group will be meeting again on May 5th to further come to a resolution / proposal. General Alignment In The Group On The Following Statements: •That the council has asked neighbors to come back with a solution that they can live and if not aligned the City Council will finalize a solution. •That the plan needs to solve for today's requests but have a designed path for future requests.(This means build for today’s need and have options for future needs). •The goal is to bring an aligned solution if possible (or a couple of options)to the City Council by May 10th. •That there are potentially impacted Big Island neighbors that may not be aware of the efforts of this group. A plan to communicate / solicit impact needs to happen. •That the LMCD will be informed when the City Council has a finalized plan or gain feedback from a draft plan. Meeting Attendees &Or Provided Feedback: •Eric Saari •Ted Hanna •Jud & Aleya Champlin •Peter &Suzi Thiss •Joe & Sara Thull From:Nancy Farnes To:Joe.Thull@gmail.com Cc:Melanie Curtis; Jeremy Barnhart; saarico1@aol.com; david.saari@advantagesolutions.net; jchamplin@wck.com; chris@generalstoreofminnetonka.com; tedhanna@qwestoffice.net; Big Island Chris Bollis Subject:480 Vacant Lot Application Relevant follow-up after Monday PM Meeting Date:Monday, April 26, 2021 10:14:01 AM Attachments:Thull BI Application April 2021.doc Dear J.Thull, M.Curtis and J.Barnhart, Please review and elevate to the Council for consideration. I am under quarantine in a serious personal matter unable to risk attending a public held meeting. I forward new relevant discovery to address prior to or at meeting before a final vote on Thull application tonight. Thank you, Nancy Farnes 612-272-6611 CC Notified Big Island Owners for Thull Application April 25, 2021 Dear Mr and Mrs Thull, Upon review of #2038, #4465 and easements after our meeting I submit the following: The City may have initially said to “go for 230’s dock permit”. But your disregard of material facts with testimony discovered and delivered during due process for Council’s final decision frustrates the situation. IE: “I should be grateful informed an application revokes my dock permit” Resolution #2038 states “...any other requests from other inland property owners” It does not state vacant lot owners. I submit no inland property remains at BI without use of a dock. Vacant lots vastly differ from intent and void a hardship. 230 is in good standing with #2038, neighbors and the City for 35 years. I oppose an inference to add a condition on permit, police me with intent to revoke for you. 480 BI is in a group of five vacant lots ranging .16-.28 acre (no sewer, structures, wells or docks). No historical use of such exists or was provided. 480 abuts Bird Sanctuary donated to Three Rivers Park, they may oppose with many restrictions. Comment to council “I am open to anything” yet it is reported: Only approached preferred property for a free dock or easement you value at 20K. Rejected two offers to buy your inland vacant lot; “no” it is not for sale. Dismissed idea to purchase lakeshore cabin, take a free easement then sell it. Dismiss joining Power Squadron for a dock at nominal fee w/in walking distance I must defend any property rights. It includes grandfathered historical use in writing from the city to 230 BI; testimony 44 years prior to #2038 granted for 60K (not 45) purchase. It is a drain field w/trench, mature trees and erosion perhaps from vehicle use discovered in video, trench clogged from it or storm taking down a tree with power line. Precedent was set 20 years ago not to revoke/share #2038 to 230 BI for unique situation. Abandoned roads are incorporated as yards for abutting properties. It is not realistic to assume the City is privy to conditions of right-a-ways (drain field, trench, trees etc) as owners are liable for damages, maintenance and expenses as they deem necessary. Big Island comp plan, ordinances/regulations affect a small community of 47 owners as stewards of the land; 2nd and 3rd generations with a level of trust in the City and LMCD. Summary Vacant lots have inferior privileges; referenced as vacant lot in legal documents, IRS forms, lending, purchase agreements etc. I submit the relevant discussion that lines up with Big Island comp plans, the two dock permits, easements; historical use, City ordinances, LMCD regulations, and intent of all exclude a vacant lot. Is the City responsible to secure docks for remaining five vacant lots with no precedent? Did applicant deliver data, intent or material facts to support vacant lots qualify for a dock/permit? Did applicant deliver any valid data to support vacant lots qualify for a dock/permit, to encroach, impose intent and conditions to police #2038 in good standing to 230? Although precedent is set on #2038; #4465 also states inland properties. 220 was split off but had a structure. Perhaps more flexible but also restricted for use to an inland property. With no precedent set on Big Island for vacant lots with no lakeshore I submit it does not qualify. The two existing permits retire from requests to revoke/share. It was proven all inland properties have use of a dock. City approved easements that resolve future issues. I respectfully ask Council to deny Mr. and Mrs. Thull’s application for a dock noting on record for future reference the problems, hardships, and precedent set in writing on #2038 as a historical unique situation to 230 BI. . Thank you for your consideration, patience and understanding with efforts invested. Nancy L Farnes 230 Big Island 612-272-6611 CC: City planners, Council and Mayor Notified property owners at BI Page 2 From:Nancy Farnes To:joe.thull@radaro.com; Judson Champlin; saarico1@aol.com; aleya@champlins.us; dsaari@gmail.com; chris@generalstoreofminnetonka.com; dsarri53@gmail.com; bigislandcat@aol.com; pt.thiss@gmail.com; david.saari@advantagesolutions.net; sjthull@gmail.com; tedhanna@qwestoffice.net; Aleya Champlin Cc:Melanie Curtis Subject:Re: Updated invitation: Big Island - Dock Solution Discussion - Update To City Co... @ Wed May 5, 2021 7pm - 8pm (CDT) (nfarnes@earthlink.net) Date:Wednesday, May 5, 2021 5:19:14 PM Attachments:Orono Big Island owners.pdf Hello Joe and Zoom islanders, I apologize but cannot attend. Below is my contribution for the meeting. Joe, by now you may understand this is more involved than a private dock for you. It affects all owners, not just us copied on email. They respectfully should be notified with for their input on a proposal of this magnitude and not rushed. 1) There are major differences in privileges for vacant lots vs properties. 2) I count seven vacant lots with no structures. Does 240, 250 etc. have seniority over private docks if overhauling Big Island, Codes, Ordinances? Like Ted, I add four to the list and assume George will join in. All vacant lots w/no structure must be accounted for to defend your plan and purported rights to revoke 2038 and 4465. Who picks up the hefty tab and mountains of work if a plan falls in place; the city doesn't. 3) Did the fire dept, excel, phone cable, emergency, LMCD agree to docks blocking right-of-ways? Did city planners, commissioners and council agree to do it for you? 4) Trespassing on private property, erosion on paths, trench and drain field by motorized vehicles is a serious concern and violation. It is photographed and reported. Please review attached from Orono on this for discussions. The city does not pick up the tab, who pays hefty tab to restore and are you proposing to open up the abandoned roads etc. Didn't the Mayor also say he would veto your application that night at meeting if voted on? Can we be mindful of material facts, problems and hardships discovered in any proposed plan for discussions? Sorry I cannot attend. Thank you in advance for discussions of my would be input. Nancy nfarnes@earthlink.net -----Original Message----- From: joe.thull@radaro.com From:Nancy Farnes To:joe.thull@radaro.com; Judson Champlin; saarico1@aol.com; aleya@champlins.us; dsaari@gmail.com; chris@generalstoreofminnetonka.com; dsarri53@gmail.com; bigislandcat@aol.com; pt.thiss@gmail.com; david.saari@advantagesolutions.net; sjthull@gmail.com; tedhanna@qwestoffice.net; Aleya Champlin Cc:Melanie Curtis Subject:Re: Updated invitation: Big Island - Dock Solution Discussion - Update To City Co... @ Wed May 5, 2021 7pm - 8pm (CDT) (nfarnes@earthlink.net) Date:Wednesday, May 5, 2021 7:25:40 PM Maybe Orono would grant seven vacant lots one long dock holding seven boats on a Resolution at Big Island Park? -----Original Message----- From: joe.thull@radaro.com Sent: May 4, 2021 10:34 AM To: nfarnes@earthlink.net, Judson Champlin , saarico1@aol.com, aleya@champlins.us, dsaari@gmail.com, chris@generalstoreofminnetonka.com, dsarri53@gmail.com, bigislandcat@aol.com, pt.thiss@gmail.com, david.saari@advantagesolutions.net, sjthull@gmail.com, tedhanna@qwestoffice.net, Aleya Champlin Subject: Updated invitation: Big Island - Dock Solution Discussion - Update To City Co... @ Wed May 5, 2021 7pm - 8pm (CDT) (nfarnes@earthlink.net) This event has been changed. Changed: Big Island - Dock Solution Discussion - Update To City Council When Changed: Wed May 5, 2021 7pm – 8pm Central Time - Chicago Joining info Join Zoom Meeting us02web.zoom.us/j/83460584139?pw... (ID: 83460584139, passcode: 285311) Join by phone (US) +1 346-248-7799 (passcode: 285311) Joining instructions Calendar nfarnes@earthlink.net Who •joe.thull@radaro.com - organizer •Judson Champlin •saarico1@aol.com •aleya@champlins.us •dsaari@gmail.com •chris@generalstoreofminnetonka.com •dsarri53@gmail.com •bigislandcat@aol.com •nfarnes@earthlink.net •pt.thiss@gmail.com •david.saari@advantagesolutions.net •sjthull@gmail.com •tedhanna@qwestoffice.net MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,April 12,2021 6:00 o'clock p.m. 16. LA21-000016—Schimmel Construction o/b/o David & Kathryn Wiemer, 1405 Rest Point Road, Variances—Continued David and Kathryn Wiemer thanked the Council and said the feedback and guidance from the Planning Commission and Ms. Curtis has been extremely helpful to come up with the revised plan. Given the challenges of the lot with the lake and road setbacks,the revised plan now meets that 25%hardcover requirement and will also work for the goal of having a four season porch and have a deck to enjoy the outdoor areas of the yard without sinking in to the ground in their chairs. Johnson moved,Seals seconded,to approve LA21-000016, 1405 Rest Point Road,Variances VOTE: Ayes 4,Nays 0. 17. LA21-000017—Joseph& Sara Thull,480 Big Island,Permit for Dock City on ROW(Bay Place) Joseph& Sara Thull,Applicants,were present. Barnhart presented a summary packet of information and said the Applicants are owners of an inland lot on Big Island and have requested a permit to place a dock on City right-of-way as allowed by Section 78- 567. They have been unable to locate a suitable private easement agreement and are asking for the permit. The proposed location of the dock coincides with another dock and the approval for that dock in 1986 was approved with a condition that any other request for a dock revokes that permit issued. Planning Commission heard testimony and ultimately voted to deny the request with a vote of 5-1-1. There has been significant public interest in this application. The staff report summarizes the main concerns including a lot of record buildability,tree removal, wetland issues,and access for construction. Based on the standards in the code, Staff recommends approval subject to the six conditions outlined in the staff memo,which includes the Lake Minnetonka Conservation District(LMCD)approval. The permit is to be valid for one year and can then be reevaluated as necessary. The dockage rights accommodate two boats. Winter storage for the dock would be approved by City Staff as it likely would be impactful of some of the right-of-way in that area. Staff also suggests a minimum width for the dock of six feet and no canopy included. Barnhart noted this project identified the need to look at the dock use for all of these inland lots comprehensively and Staff is looking for feedback from the Council to look into that solution long-term. Walsh was at the Planning Commission meeting and said personally,he is not here today to make any big decisions about this item. What they have found out is that sometimes there are code issues and they do not always realize are problems,or they are not written correctly and until something pops up,people do not realize it. He believes this code is one of those issues and thinks it was written specifically because for someone to have a dock on public property, they cannot just claim that indefinitely forever. Walsh said that is why it was put in that the dock permit could be cancelled if someone else applied;the problem is someone else could do the same to that person with the dock permit,and another person,and it would just continue. He thinks they need to find a resolution for this. On Big Island,the families that have been out there for decades,everything has worked just fine;obviously they do have an issue on interior lots. Walsh thinks what it tells the current family that has that dock is that it is not a permanent dock for the family;they could not ever mortgage the property and say they have dock rights or sell the property with Page 4 of 15 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,April 12,2021 6:00 o'clock p.m. 17.LA21-000017—Joseph & Sara Thu11,480 Big Island,Permit for Dock City on ROW(Bay Place) Continued dock rights. He thinks everyone now needs to understand that is what the language says. He hopes the solution is to come from the people on Big Island to bring to the Council,rather than the Council imposing something that will impact families that have been there forever. If he were those families that have the dock today but may not tomorrow,the only way they will have permanent potential access it to have a code rewritten that gives everyone in the interior land on Big Island potential access to that dock. He said this is just theoretical but it would be a group application such as on Crystal Bay where people have a license to put a dock every year and they apply for it as it is public land. He believes there is a code issue that needs to be addressed by all of the interiors including the family that has the permit today, because it can be gone tomorrow,which they all found out based on the language. He hopes they can get together and bring something that would work for everyone to the City Council so they do not have to impose something on the families that have been out there for a long time. Crosby asked how many in the audience are in the chambers for this particular issue by raising of hands. Walsh noted it is just about everyone. Crosby thinks Walsh made an excellent suggestion. Johnson was suspicious the reason the permit was written that way is so not one person can control it— just because someone was there first does not entitle one the privilege to what all taxpayers actually own. Walsh noted nobody has rights to City land and that is exactly why it was written that way. It brings up an opportunity as there are a fewparcels that need to solve this. He hopes theycan come upwith aPPYjust solution and work together to bring this forward. Johnson replied it was written that way to be sure it was revisited if there was another interested party in using it. Crosby asked what year the permit was granted. Seals replied it was 1986. Johnson likes asking the community to work together to find a solution that works. Walsh would not be in favor of granting any permit tonight—he would either put it off or deny it—and then revisit it knowing the family that has it,the flag has been raised,this is not a permanent dock whether one puts a dock there or not. There is not a permanent right to it and everyone knows it now,so let's solve it and fix it. He noted the Council is not going to impose something on one person that is not going to work for everyone. Rather, they want it to work for everyone because it is a small community out there. Page 5 of 15 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,April 12,2021 II 6:00 o'clock p.m. 17.LA21-000017—Joseph & Sara Thull,480 Big Island,Permit for Dock City on ROW(Bay Place) Continued Seals said the way this was written-she is sure there was some logic-but in reality it just puts neighbors against each other so she questions the rationale behind some of it. She definitely likes the idea of thinking about the interior lots and how they can gain access for everyone at once in a smart way and having it come from those residents rather than the Council. Crosby asked how many interior lots there are. Walsh thinks for that piece in that little area there are three or four. Johnson does not think any dock storage should be on City property. Seals agreed. Walsh said they should have to bring the dock up into their yard. He welcomed anyone else to come up and talk about it and noted they have all the transcripts from the Planning Commission meeting. Joe and Sara Thull,Applicants,approached the podium and Mr. Thull wants to convey that they are open and amenable to a solution that works for everyone. He has no objection to that and thinks it makes sense. The timeline was brought up and he is hearing that the Council is putting it back on the group to collaborate and solve. He gave a bit of background noting he has tried to get an easement and has been unsuccessful to date—he even went to Three Rivers Park District where the road cuts off about 25 feet short. He started there and did not have any luck,then he went to the easement route and has not exhausted that list but went to a number of people and was unsuccessful there. He went to the City and said he has identified multiple locations where there are rights-of-way and asked where they suggest is the best place based on topography, emergency equipment, etcetera. He came to Site 1 which also has the other permanent dock. It was a progression to get there and if there are alternative locations, whether Site 3 or Site 2 or wherever,Mr.Thull thinks there are enough right-of-way points that if they take four lots and come back with a single dock and each person gets a side at Site 3 and Site 1,that might resolve it. Then the Council may not have this repeated aspect. He is open to collaborating with neighbors and he is just looking for the outcome. Walsh noted the Council cannot make anyone talk but they are encouraging everyone to talk. It is a portion of code that says nobody has the right to have a dock there so now he suggested figuring out where everyone can have a win-win and solve this moving forward. Mr.Thull had a conversation with Matthew Cook at LMCD to get his input who said he can be quoted on this: LMCD understands the highly unique aspect of Big Island and has also had these discussions. Mr. Cook is familiar with the situation and knows that there are a limited number of interior lots that do not have access. Mr. Cook said the internal discussions have been if the City can come up with some type of permit or license,the LMCD will not stand in the way because they know access is highly limited.99% of the issues the LMCD deals with is people accessing the lake and this situation is the reverse,it is the Page 6 of 15 MINUTES OF THE ORONO CITY COUNCIL MEETING 1111 Monday,April 12,2021 6:00 o'clock p.m. 17. LA21-000017—Joseph & Sara Thull,480 Big Island,Permit for Dock City on ROW(Bay Place) Continued 1%of people needing to access the lake to get to their property. It is unique from that standpoint. He wants to express to his neighbors that he is willing and open to figure out a plausible and reasonable way it may not be the perfect solution—but he thinks they can get something that works for everyone. Walsh hopes they can come back in a couple weeks and have some conversations with the family that has the dock and the others,if they are interested. Mr.Thull noted another interior neighbor is here tonight. Walsh asked them to talk and collaborate and come back to the Council and tell what their thoughts are. The neighbor at490 Big Island approached the podium and said he understands that anyone adJacent to 1, 2,3,and 4 is probably not going to want a dock. The next step is what will happen if they say number 2 or 3 is good because they are the widest but the neighbors say no. Then they are back to square one. Walsh noted number 1 already has something in place Now the question is can they collaborate and work together and everyone can be at that one or talk to the others and maybe they will not have a problem with a dock and there will be more options. The neighbor stated being a lake owner himself,those people don't want a public dock next door. He said if everyone adjacent to these say no,he wonders. Walsh replied there is already one spot that has a dock regardless,because there is a right to have a dock there. Can the people who don't have interior lots collaborate and work together to see what that would look like? He would like to have the conversation with the adjacent neighbor also on the placement. The neighbor at 490 Big Island said they probably would not need a 6 foot dock, a 4 foot would probably be fine and if they had 6 foot boats on each side they are really talking about 15-16 feet total in width unless it is two pontoons on each side. Walsh thinks it behooves everyone that does not have access to talk and work together. Johnson thinks the people that do not have access are going to be very quick to find a solution. Where the problem will be is if someone lives there,they do not want a dock there. His opinion is this:the City has already demonstrated that the interior lots will have access by the one that is there. That tells Johnson he is going to find a solution for the other interior lots to have the same privilege that another person had since 1986. He likes Walsh's idea as the property owners know what is best and the least intrusive way to do that.If they cannot come to the conclusion,Johnson is prepared to come up with his own solution of getting people access out there because the City gave it to someone already. Page 7 of 15 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,April 12,2021 6:00 o'clock p.m. 17.LA21-000017—Joseph & Sara Thull, 480 Big Island,Permit for Dock City on ROW(Bay Place) Continued Dave Saari, 260 Big Island,is the property adjacent to the City-owned property that has been there forever. He likes the Council's idea and needs to be focused on what those public accesses are around the island and he would hope that as a group they are not putting a marina in location 1 because for those there and neighbors on either side it would not be fair,either. Walsh said it looks like the marina could be three boats,but that is what the conversation is about. Mr. Saari said they cannot just focus on location 1 when they have 2, 3,and 4 to look at,as well. Nancy Fames. approached the podium and asked who to talk to in the City for some alternative ideas. Walsh noted that would be Barnhart. Barnhart said the property owner can continue to work with Ms. Curtis and the direction he is hearing from the Council is for the neighbors to work together to find a solution. Walsh encouraged her to work with the neighbors. Ms.Fames said they have not had one interior looking for a dock in 35 years. Walsh replied now it has and they know there is a problem with how it is written and they are trying to solve it. He suggested she talk with the neighbors and it would be nice if everyone would come up holding hands and tell the Council they have a great solution. He noted the property owner may have had the permit for a long time but they do not have the right to have it, and that is what they found out. No matter how long one has had it,there is not a right to have it any longer as someone else has put their foot down and said they need a dock too. Right now,there is no room in the code for both of them to have it. Ms.Fames said three other people have put their foot down and the City Council and Planning Commission said no. Walsh is not sure what she is referring to. Ms. Fames asked if they can apply for an easement. Walsh said they can if they have an agreement from a property owner to be able to do that. Ms. Farms said that would be the City. Walsh replied no,they do not need an easement from the City to walk through City property. They changed the code earlier on Big Island so someone could get a private easement through a private property to get to the lake. Page 8 of 15 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,April 12,2021 6:00 o'clock p.m. 17.LA21-000017—Joseph & Sara Thull, 480 Big Island,Permit for Dock City on ROW (Bay Place) Continued Johnson said where the City land was-the neighbors did not want the dock there-so they were able to get an easement through a lakeshore owner's property to have a dock right. Walsh noted that would exist for Ms. Fames or anyone else to go and do that same situation. That is always an option,but there must be a party on the other side willing to give an easement through their private property to do that. Ms. Fames clarified the City would not be willing to give her an easement to use the land that 230 Big Island has had since 1932. Walsh said it sounds like everyone who wants to can apply for that same permit,just like she can; if she has the permit and someone else applies and they get approved,they have the permit now. This is why it would behoove everyone to all have access all the time versus one person one year and another person the next year. As Johnson said,the Council has demonstrated that they want to make sure those with interior lots have access. Ms.Fames said they have been accessing it for 35 years. Walsh said having the right and having access are two different things. If the Applicant gets the permit for the dock and she does not,she does not have lake access anymore. He is saying, let's get them all to have lake access. The Council is not going to give her one separately Seals noted they do not want to pit the neighbors against each other. It is a better situation for them to work together and find ways for more of them to get access. If it is really just about getting access to interior lots, if they can have three slips in one location. Ms.Fames asked if it would be one request for one dock. Walsh replied yes,it would be one dock that everyone can use. Ms. Fames said it is a marina. Walsh said it sounds like there are three people so there would be three boats. Is that a reasonable piece of ground that could handle three boats being there, and make sure the neighbors are okay, as well. As Johnson said if the property owners cannot work it out, the Council will just come up with a solution. Ms. Fames asked if the Applicant can drop the application. Walsh said anybody can drop the application. Page 9 of 15 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,April 12,2021 6:00 o'clock p.m. 17. LA21-000017—Joseph & Sara Thull,480 Big Island,Permit for Dock City on ROW(Bay Place) Continued Johnson moved,Crosby seconded,to table LA21-000017—Joseph& Sara Thull,480 Big Island, Permit for Dock City on ROW(Bay Place)until the next City Council meeting. VOTE: Ayes 5, Nays 0. 18. LA20-000053—Dale Richardson o/b/o CBS MN Properties, LLC,2060 Wayzata Blvd W, Sketch Plan Dale Richardson,Applicant,was present. Barnhart presented a summary packet of information. Dale Richardson is requesting initial sketch plan feedback on the proposed zone change to an R-PUD zoning district. He proposes to build a new 48 unit market-rate apartment building just west of Orono Woods on Wayzata Boulevard. The proposed building would be three stories of apartments and one level of parking,most of which is underground. During the review of the concept plan, Staff and the Planning Commission identified several areas for future discussion or waivers. He noted in the R-PUD zoning district waivers can be approved,the idea being flexibility in the requirements and in exchange they receive something they are looking for as a City that maybe does not quite fit the code. Things identified by Staff and Planning Commission included the site size,the R-PUD zoning district requires a five acre minimum,although there are a number of considerations/exemptions the Council can approve. One is if the project is a transitional project,to the west is a gas station and warehouse,to the east is an apartment building, and to the north is single family residential. The Council could consider this a transition between high-active gas station and low density residential. The project is either 35 feet or 41 feet in height based on the defined height and there is some debate how the site height is calculated. The 35 feet is based on pre-development levels of grading. This property was approved as an office/townhome project around 2005-2007. The property was graded to accommodate those walkout office buildings; only one of those buildings was built although another foundation was poured but activity did not continue. Using the pre-development grading(before 2007- 2008)the calculation would be 35 feet. Right now it is 41 feet so it is higher than what the Council has historically allowed from a building-height standpoint,which has been 30 feet. Other Planning Commission conversations included the roof style,this rendering shows a flat roof building and the R- PUD zoning district requires an architectural pitched roof. There has been some change in what is residential between now and when the R-PUD zoning district was drafted as they are now seeing more flat roofs. The Planning Commission did not seem too opposed to the height increase if it was a flat roof structure. If there are modifications to the height allowed, they will have to provide some kind of a waiver from a setback standpoint. The building meets the minimum setback requirements based on the zoning district from the north and the east,however,there is also a stipulation that in no case shall the setback be less than the height of the building. If the building is determined to be 41 feet they will need to see a 41 foot setback,primarily from the east. Finally,the R-PUD zoning district requires a 10%of gross land area for private recreation,usually a combination of trails,play area, open space. This project shows a dog run area,an outdoor patio/grill area,and trails to link those amenities.It also shows 2 rooftop deck facilities which would be unique for Orono. Barnhart pointed out this is not looking like a subdivision so there will not be any park dedication collected as part of the project. The Planning 18. Page 10 of 15 AGENDA ITEM Prepared By: mcc Reviewed By: J. Barnhart Approved By: 1. Purpose. This application is regarding a permit to place a private dock on city right-of-way on Big Island. 2. MN§15.99 Application Deadline. The application was received on February 8th and considered to be complete on February 16th. Therefore the initial 60-day review timeline has been extended, and the review period now expires on June 16, 2021. 3. Background. The applicants own 480 Big Island, a non-lakeshore property on Big Island. Pursuant to City Code Section 78-567, the applicants request approval to place a private dock on the right-of-way (Bay Place). Big Island is zoned RS, which is the only district where a non- lakeshore property is permitted access to the lake; the city may issue a permit for a dock in the right of way, or the property owner may obtain an easement over private property. 4. Summary. The layout of Big Island includes a system of platted, undeveloped city rights-of-way including some that terminate at the lake shore. The rights-of-way are utilized for pedestrian access throughout the island, for access to inland properties, and for property owners to receive delivery of materials and services where access from the lake is challenging (i.e. septic pumping and installation). The city does not maintain the rights-of-way and the clearing of vegetation beyond what is necessary to support pedestrian access is not supported or permitted. The majority of properties owned on the island are lakeshore properties or, if inland, are owned in kind with a lakeshore property. The Code provides for those limited number of non-lakeshore, inland lots to gain access via a private dock installed on a city right-of-way via a permit issued by the City Council. Historically, only two dock permits have been issued: Resolution 4456 attributed to and shared by 220 and 130 Big Island granted in 2000; and Resolution 2038 attributed to 230 Big Island granted in 1986 (both attached as Exhibit D). Until the current application, no other requests have been approved to staff’s knowledge. Council may recall, in 2019, a request for a dock on right-of-way was made on the western portion of Big Island (#LA19-000086). That property owner had been historically utilizing an informal easement over a neighboring lakeshore property. As a result of this request, the City proceeded with a text amendment to the Subdivision Regulations (Chapter 82) to facilitate the creation of a legal lake access easement only in the RS District; this was added to the Code in 2020. The text amendment resolved the access issue and that right-of-way permit request was withdrawn. 5. Planning Commission Vote and Comment. On March 15, the Planning Commission held a public hearing. During the public hearing a number of comments were provided by the public. The Commission felt there were a number of outstanding issues requiring further research and discussed tabling the request. However, following the public hearing the Planning Commission voted 5-1-1 [5 in favor, 1 opposed (Ressler), 1 abstain (Bollis)] on a motion to deny the application. 6. Public Comment. Written comments from the public are attached as Exhibit F. Several Item No.: # Date: 12 April 2021 Item Description: #LA21-000017, Joseph & Sara Thull, 480 Big Island, Permit for Dock on City ROW (Bay Place) Presenter: Melanie Curtis Planner Agenda Section: Planning Department Report AGENDA ITEM Prepared By: mcc Reviewed By: J. Barnhart Approved By: members of the public attended the public hearing. Some of their concerns are summarized below. Council should reference the draft Planning Commission minutes (Exhibit E) and the video from the public hearing to review the public comments in their entirety. Identified Concerns during the Hearing: • Lot of Record/Buildability: Prior to 2011, the City considered lots which were significantly substandard in area/width to be unbuildable. A property owner could apply for a variance but our standards for approval were different and more stringent than they are currently as guided by the State Statue. In or around 2011, the State updated the statutes regarding nonconforming properties as far as buildability was concerned, particularly in the Shoreland. The Statute revisions outlined minimum guidelines for determining buildability and when/if a variance would be required from local zoning standards. Following the Statute updates the City’s code was updated to be in line with the revised allowances and standards. • Tree removal: A number of the public comments referenced tree removals in the right-of- way. The applicants have not proposed removal of any trees within the walking path from the proposed dock location to their lot. If trees become a concern, the applicants understand that the City requires permits and approvals for any tree removals within the 75-foot setback and within the City’s right-of-way. • Wetland: Comments were made that the intended dock location is a Key Conservation area, as determined by the MCWD. The MCWD mapping indicates that a majority of Big Island is classified as a Key Conservation Area. Pending confirmation from the MCWD, Staff notes that there do not seem to be specific regulations regarding the Key Conservation Areas. • Island Access for Construction/Contractors: The applicants chosen location is not what is considered the common/primary access for deliveries of materials, septic and well drilling contractors, etc., that location is the improved right-of-way situated between 450 and 460 Big Island. A dock in this location would block this historical access. • Permit 2038 revocation: The wording in Resolution 2038 is clear. “Should there be any other requests from inland property owners to use this site for the installation of a dock to their properties, this permit is automatically revoked…” although not the applicants’ intent, their request to install a dock on this location triggers this revocation. The applicants’ amended request to install a dock and share the use of the dock with the owners of 230 Big Island appears to provide a solution, though when pressed by the Commission, the owner of 230 Big Island does not wish to share. • Winter Dock Storage: Most property owners store their private docks on their lakeshore properties. In keeping with the spirit of this practice, the applicants have proposed a storage location on this right-of-way, on the south side of the corridor, out of the way of any winter access needs. • Other inland properties: There are only two additional interior lots on this portion of the island (490 and 500 Big Island) without lake access who may, in the future, request a permit for a dock on right-of-way. The other remaining inland properties on the east side are in common ownership with a lakeshore property, thus providing the opportunity for a dock. 7. Staff Recommendation. Staff recommends approval of a dock to be shared by the applicants and the owners of 230 Big Island, with the following conditions: a) The location of the installed dock shall be approved by the LMCD, and shall be approved by the City Administrator. AGENDA ITEM Prepared By: mcc Reviewed By: J. Barnhart Approved By: b) The permit issued shall be valid for one year, and shall be subject to change, alteration or revocation for cause by the council at any time, and shall be automatically renewable on the anniversary of the date of issuance except upon written notice from the city to the permittee at least 30 days prior to the anniversary date. c) The approval should identify which properties have rights to use the dock, and each owner shall be permitted one boat slip for use by the owner of the property exclusively. d) The dock shall be removed for the winter season. A winter storage location should be identified and approved by staff. e) Dock sections shall not exceed 6-feet in width. f) No canopy shall be erected. Note, this approval, if granted, can be reviewed and adjusted on an annual or as-needed basis. Should the City undergo a study to evaluate a more suitable or long-range solution such as a city-installed dock to be shared for use by the interior lots, for example, the permit can be reevaluated. Further, as part of this solution, staff recommends the City survey and delineate this right-of-way corridor to prevent any unintended trespassing or encroachments. COUNCIL ACTION REQUESTED 1. Staff requests the following: Direct staff to draft a resolution of approval based on the conditions above, or denial. If denial, the Council should state reasons. 2. Direct staff to explore a more comprehensive solution for interior lot access on Big Island. 3. Direct staff to solicit cost estimates to delineate right-of-way corridors. Exhibits Exhibit A. Applicants’ Revised Narrative Exhibit B. City Code Section: 78-72 Lots of Record Exhibit C. City Code Section: 78-567 Permit for private improvements within public rights-of-way Exhibit D. Resolution Nos. 2038 and 4456 – Dock Permits Exhibit E. Draft PC Minutes Exhibit F. All Public Comments Received Exhibit G. PC Staff Report References PC Exhibits of 03/15/2021 Exhibit A. Application Exhibit B. Applicant’s Narrative & Maps Exhibit C. Aerial Photo Exhibit D. City Code Sections Exhibit E. Resol 2038 Exhibit F. Resol 4456 Exhibit G. Hennepin County Half-Section Map Exhibit H. Big Island Record Lot Maps Exhibit I. Public Comment Exhibit J. Property Owners List Exhibit K. Plat Map Exhibit L. New information from applicant submitted Thursday 3/11 afternoon AGENDA ITEM Prepared By: J. Barnhart Reviewed By: A.Carlson Approved By: 1. Purpose. To consider a variance for a deck that encroaches into the side, lake, and average lake setbacks, and with hardcover greater than 25%. 2. MN§15.99 Application Deadline. The application was received on March 17, 2021 and considered to be complete on April 12th. The 60-Day review period will expire on June 11, 2021. 3. Background. About one-half of the applicant’s house, including the deck, encroaches into the 0-75 lake yard, and approximately 2-5 feet of the house, including all of the deck is lakeward of the average lakeshore setback. The house is 5 feet from the side property line, a setback of 7.5 feet is required. Existing impervious surface is 33% of the land area, 25% is permitted. The applicant is proposing to replace an irregular shaped deck on her property to, in part, accommodate her wheelchair bound mother. The new deck would be 8’ x 18’, or 144 sq ft. Proposed hardcover levels are 33.4% of the lot, an increase of 30 sq ft over existing level (33%). This hardcover level reflects a hardcover exclusion for 19 sq ft of deck over grass, the rest of the deck is over a lower level patio. 4. Planning Commission Vote and Comment. On April 17th, the Planning Commission held a public hearing. Following the public hearing, the Planning Commission voted 6-0 on a motion to deny the requested variance as proposed. The original proposal was for a 288 sq ft deck, running the entire length of the house, increasing hardcover to 34.2%. The members of the Commission were in agreement that variances to the lake, average lake, and side yard setbacks could be supported, but they could not support an increase in hardcover in the lake yard. 5. Public Comment. Comments from the neighbors were received and are attached as Exhibit G. 6. Staff Recommendation. The applicant has reduced the proposed encroachments and hardcover levels. The Council should direct staff to draft a resolution, approval if this reduction is acceptable, denial if it not. COUNCIL ACTION REQUESTED City Council should direct staff to draft a resolution of approval or denial. Exhibits A. Revised site plan B. Revised hardcover calculations C. Staff report to Planning Commission D. Planning Commission minutes – draft Item No.: 15 Date: May 10, 2021 Item Description: LA21-000024 – Lorraine Goodwald, 706 North Arm Drive, Variances Presenter: Jeremy Barnhart, AICP Community Development Director Agenda Section: Planning Department Report AGENDA ITEM Prepared By: J. Barnhart Reviewed By: A.Carlson Approved By: E. Practical Difficulties statement F. Narrative G. Neighbor letters H. Site Pictures References PC Exhibits 4/19/21 5.0 0'PROPOSED 8' x 18'-6" DECKEXISTING DECK w/ PAVER PATIO BELOW EXIST'G GARAGE E X I S T 'G D R I V E W A Y A B C E D F EXISTING PAVER PATIO BELOW FPMN47983158 AVERAGE LAKESHORE SETBACK AVERAGE LAKESHORE SETBACK EXISTING Council Exhibit A LA214-24 5 6 .5 1 ' 5.0' 2 2 .5 7' PROPOSED 8' x 18'-6" DECKEXISTING DECK w/ PAVER PATIO BELOW EXIST'G GARAGE E X I S T 'G D R I V E W A Y A B C G D FEXISTING PAVER PATIO BELOW FPMN47983158 AVERAGE LAKESHORE SETBACK AVERAGE LAKESHORE SETBACK PROPOSED 706 North Arm Drive 4-5-21 Existing Paver Patio Existing deck Existing concrete walk Existing driveway Existing house Existing garage 126 877 500 902 7947.30 95 125 2625 2625 33.0 Council Exhibit B LA21-24 706 North Arm Drive 4-5-21 Existing house Existing garage Existing driveway Existing concrete walk Existing deck (to be removed) Existing Paver Patio New proposed Deck 902 500 877 126 144 G First 100 s.f. of pervious deck 19 19 7947.30 95 125 18' X 8' 2674 2655 33.4 Date Application Received: 03/17/2021 Date Application Considered as Complete: 04/12/2021 60-Day Review Period Expires: 06/11/2021 To: Chair Kirchner and Planning Commission Members Adam Edwards, City Administrator From: Laura Oakden, Planner Date: April 19, 2021 Subject: LA21-000024, Lorraine Goodwald, 706 North Arm Drive, Variances, Public Hearing Background The applicant is proposing a new deck along the lakeside of the existing home. The existing home and deck are currently located within the 75’ lakeshore, average lakeshore and side yard setbacks of the property. The existing deck is 95 sq.ft. The new deck will be 288 sq ft and will maintain the same 8 foot depth, but will be widened to match the width of the home. The survey, attached as Exhibit C, shows an existing garage and sidewalk to be removed. According to the aerial photo, these improvements have been removed. Practical Difficulties Analysis Applicant Submittal Information: The applicant has identified the existing conditions of the home and deck in relation to the lakeshore which eliminate any building envelope on the lake side of the home. The lot is substandard with reference to the zoning district requirements for 1.0 acre and 140 feet of width. The applicant has stated that the unique triangle shape of the existing deck, built in 2003, results in limited use of the outdoor space and does not allow any wheelchair accessibility. The new proposed deck is the same 8 feet in depth but is a rectangular shape to allow for wheelchair to access the deck. No stairs are being proposed with the deck. Additionally, they have provided supporting documentation regarding Practical Difficulties attached as Exhibit B, and should be asked for additional testimony regarding the application. Planning Staff Practical Difficulty Analysis: Regarding practical difficulty, Staff finds the existing conditions of the home and deck in relation to the 75’ lake yard, average lakeshore and side yard setbacks are practical difficulties supporting a deck lakeward of the home. The property has a unique concave shoreline making an irregular 75’ lakeyard setback. The applicant is looking to maintain the same depth of the existing deck but create a new rectangle shape, widening the deck to allow for wheelchair access. The property is substandard with respect to size and width and currently exceeds hardcover on the property due to driveway access, there is no conforming locations for any additions on the property. Application Summary: The applicant is requesting side yard setback, 75 foot lake yard setback, average lakeshore setback, and hardcover variances in order to construct a new deck. Staff Recommendation: Planning Department Staff recommends approval, in part. Council Exhibit C LA21-24 LA21-000024 April 19, 2021 Page 2 of 5 Staff is not convinced, however, that the practical difficulties support a 288 sq ft deck. LOT ANALYSIS WORKSHEET Section 78-330 – Setbacks: DISTRICT LR-1B Required Existing Proposed Street 30’ 62.5’ No Change Side (West) 7.5’ 4.5’ No Change Side (East) 7.5’ 2.4’ No Change Lakeshore 75’ 58’ 56.64’ Average Lakeshore Not Met Section 78-330 – Lot Area/Width: DISTRICT LR-1B Lot Area Lot Width Required 43,560 s.f. (1 acres) 140’ Actual 7,947.3 s.f. (0.18 acre) 45’ @ 75’ / 50’ @ OHWL Section 78-1680 and 78-1700 – Hardcover Calculations: Stormwater Overlay District Tier Total Area in Zone Allowed Hardcover Existing Hardcover Proposed Hardcover Tier 1 7,947.3 s.f 1,986.75 s.f. (25 %) 2625 s.f. (33%) 650 sqft. w/in 75’ 2718 s.f. (34.2%) 813 sq.ft w/in 75’ Existing hardcover within the 75’: House (410 sq.ft.), Lake Stairs (115 sq.ft.), Paver Patio (125 sq.ft.) Proposed hardcover within the 75’: House (410 sq.ft.), Lake Stairs (115 sq.ft.), Paver Patio (125 sq.ft.) NEW DECK ENCROACHMENT (163 sq.ft.) Applicable Regulations: Side Setback Variance (Code Section 78-330) The property has a 7.5’ setback applied to each side yard. The existing home and deck currently encroach into the setback. The home currently is set back 4.5’ to the West and 2.4’ to the East. The existing deck is 5 feet from the side yard setback to the West. The new proposed deck will run the length of the home and is proposed to maintain the 5 foot setback along the west side yard setback. The new deck is proposing a new encroachment in the east side property line to 4.75’ where there was no current deck located. 75-foot Lake and Average Lakeshore Setback Variance (Code Section 78-1279) The house and deck are currently located within the side yard, 75’ lake yard, and the average lakeshore setback. The closest point of the existing deck is roughly 58’ to the OHWL. The new proposed deck will create a new setback from the lake 56.6’. The average lakeshore setback bisects the property through the existing home’s footprint. This current existing location of the home and deck limit any conforming building envelope on the lakeshore of the home and the average lakeshore. LA21-000024 April 19, 2021 Page 3 of 5 Hardcover Variances (Code Sections 78-1680 and 78-1700) The current hardcover level exceed 25% with a portion of the existing hardcover located within the 75’ lake yard. The existing hardcover level is proposed to increase from 33% to 34.2% with a total increase of 93 sq. ft. There are no likely candidates for removal of existing hardcover. Governing Regulation: Variance (Section 78-123) In reviewing applications for variance, the Planning Commission shall consider the effect of the proposed variance upon the health, safety and welfare of the community, existing and anticipated traffic conditions, light and air, danger of fire, risk to the public safety, and the effect on values of property in the surrounding area. The Planning Commission shall consider recommending approval for variances from the literal provisions of the Zoning Code in instances where their strict enforcement would cause practical difficulties because of circumstances unique to the individual property under consideration, and shall recommend approval only when it is demonstrated that such actions will be in keeping with the spirit and intent of the Orono Zoning Code. Economic considerations alone do not constitute practical difficulties. Practical difficulties also include but are not limited to inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth-sheltered construction as defined in Minn. Stat. §216C.06, subd. 14, when in harmony with this chapter. The board or the council may not permit as a variance any use that is not permitted under this chapter for property in the zone where the affected person's land is located. The board or council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling. According to MN §462.357 Subd. 6(2) variances shall only be permitted when: 1. The variance is in harmony with the general intent and purpose of the Ordinance. The requested hardcover level, side yard setback, 75’ lake yard and average lakeshore setback variances are in harmony with the Ordinance as the adjacent neighbors have indicated their views of the lake will not be impacted by the improvements. 2. The variance is consistent with the comprehensive plan. Allowing a usable deck space for a single family home for enjoyment of the lake is consistent with the comprehensive plan. 3. The applicant establishes that there are practical difficulties. a. The property owner proposes to use the property in a reasonable manner not permitted by the official controls; The applicant is requesting to expand the deck to allow for wheelchair accessibility and allowing a more functional rectangle shape instead of the existing triangle shape. The applicant has noted the request is reasonable for the use of the property. The Commission should determine if 288 sq ft of deck is necessary and appropriate. b. There are circumstances unique to the property not created by the landowner; The substandard lot, concave shoreline, and existing footprint of the home and deck and the neighboring homes are conditions not created by the landowner. c. The variance will not alter the essential character of the locality. It does not appear that the request deck will alter the character of the area and there is currently an existing deck practically located in the same footprint. Additionally City Code 78-123 provides additional parameters within which a variance may be granted as follows: 4. Economic considerations alone do not constitute practical difficulties. Economic considerations have not been a factor in the variance approval determination. LA21-000024 April 19, 2021 Page 4 of 5 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. 17, 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 residential improvements are an allowed use in theLR-1B District. 7. The board or council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling. This condition is not applicable. 8. The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property. The lot shape, and depth, and the home’s proximity to the lake are particular to this property. 9. The conditions do not apply generally to other land or structures in the district in which the land is located. The setbacks of adjacent homes in this neighborhood are somewhat similar to this lot. The conditions specifically impacting this property (lot area, lot width and shape, and home proximity to the lake) do not generally apply to the other properties in the LR-1B district. 10. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. The owners indicate that granting the variances are necessary for the preservation of their property right. However, their property right is established by home and existing improvements on this substandard lot. 11. The granting of the proposed variance will not in any way impair health, safety, comfort or morals, or in any other respect be contrary to the intent of this chapter. Granting the variances to allow construction of a deck is not likely to impair health, safety, and comfort. 12. The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty. The application for the deck expansion is limited by existing conditions of the property and orientation to the lake. T he granting of the requesting variances are necessary to alleviate the practical difficulty resulting for the location of the existing home and limited building envelope on the property. The Commission may recommend or Council may impose conditions in granting of variances. Any conditions imposed must be directly related to and must bear a rough proportionality to the impact created by the variance. No variance shall be granted or changed beyond the use permitted in this chapter in the district where such land is located. Public Comments The applicant submitted letters from the abutting neighbors in support of the project. Issues for Consideration 1. Does the Planning Commission find that that the property owner proposes to use the property in a reasonable manner which is not permitted by an official control? 2. Does the Planning Commission find that the variance (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 LA21-000024 April 19, 2021 Page 5 of 5 impacts created by the granting of the requested variance(s)? 4. Are there any other issues or concerns with this application? Planning Staff Recommendation Planning Staff recommends approval of a variance for a reasonable shaped deck that encroaches into the lake and average lake setbacks, and increases hardcover. Staff does not support a deck across the entire width of the home. List of Exhibits Exhibit A. Application Exhibit B. Practical Difficulties Documentation Form Exhibit C. Existing & Proposed Survey Exhibit D. Proposed Plans Exhibit E. Submitted Hardcover Calculations Exhibit F. Narrative Exhibit G. Neighbor Letters Exhibit H. Property Images Exhibit I. Property Owners List and Map MINUTES OF THE ORONO PLANNING COMMISSION Monday, April 19, 2021 6:00 o’clock p.m. _____________________________________________________________________________________ Page 1 of 3 2. LA21-000024 LORRAINE GOODWALD, 706 NORTH ARM DRIVE, VARIANCES Lorraine Goodwald, applicant, was present. Barnhart noted they are getting some audio feedback so the mics had to be turned down. He asked everyone to please speak into their microphones and speak up a bit. Staff presented a summary packet of information. The property owner is requesting side yard, lake yard, and average lakeshore (ASL) setback variances as well as a hardcover variance for the reconstruction and expansion of an existing irregularly shaped deck. The applicant proposes that the shape of the deck makes it a practical difficulty in using the deck for family and normal deck accoutrements (tables, grills, etcetera), and that the location of the house, proximity to the lake, and the substandard area of the lot all contribute to practical difficulties. Virtually half the house is lakeward of the lake and ASL lines; Staff understands these variances but are somewhat challenged by the hardcover variance. Staff can support the setback variances but cannot support the hardcover variance. Barnhart noted there is virtually no spot to put a deck on this property without a variance. The hardcover increases from 33% to a 34.2% which does not sound like a huge number, but they try to hold firm to the standard 25% in Orono. Staff recommends denial; however the concern is with the hardcover. Barnhart noted this is an older survey and they have removed quite a bit of improvements, some hardcover and a garage. Barnhart stated Staff’s recommendation is denial but really they are concerned with the hardcover which would likely require some modification to the deck. However, any deck, especially if it lines up with the side of the house, would likely require a side yard setback in addition to the lake and ALS. Lorraine Goodwald, 706 North Arm Drive, applicant, said the reasons she is asking for this variance is because when they open up the door the deck is only 3 feet wide.. Bollis asked on the drawings, what is there for hardcover. Ms. Goodwald said right now underneath the deck are some brick pavers, she noted they bought the home as a foreclosure in 2011, so everything that was there when they purchased it still exists. She said it is the original survey from 2003 when the house was built and there really has not been any change. The existing garage to be removed is gone. Gettman assumes the sidewalk is gone, also. Ms. Goodwald clarified the sidewalk is there from the driveway to the front door. There is another sidewalk that was removed. She would be flexible to do something different and just wants to have a safe space to be able to bring her family, friends, and her mother out on the deck. There is a grade from the outside so Ms. Goodwald cannot go out and pull her mother (in a wheelchair) levelly as they are on a hill. Libby asked where the entry is from the house. Ms. Goodwald said there is a door from her kitchen that opens up and it is a very narrow, perhaps 4 foot and then it narrows around. Council Exhibit D LA21-24 MINUTES OF THE ORONO PLANNING COMMISSION Monday, April 19, 2021 6:00 o’clock p.m. _____________________________________________________________________________________ Page 2 of 3 Gettman noted the feedback received has been on size and the applicant would be increasing the size of the deck itself. He asked if there is any ability to make it narrower and not the full length or width of the house to accommodate the extending out and squaring off. Ms. Goodwald clarified if she were to do the 8 foot and not the clear end of the house, there is a set of windows there and it might cut into that section but she would be happy to look at that. Gettman noted they had just redone the sidewalk area with a covering or awning. Ms. Goodwald noted the wood arbor was falling apart as the previous owners used interior wood on the outside and the glue was coming apart, so they had it replaced. Chair Kirchner opened the public hearing at 6:20 p.m. Chair Kirchner closed the public hearing at 6:20 p.m. Kirchner said there are applications for 4 variances on this application. McCutcheon understands the applicant’s concern as they have a lake view as the front of the house is all windows and Ms. Goodwald does not want to put a deck railing in front of a window. He imagines it will be difficult to make the deck return into the middle of the house but if there is an opportunity to reduce the footprint of the deck but still have the depth needed to access it, that is a good solution or compromise. Gettman asked to look at Exhibit H and said by narrowing it, it will actually free up more window but then the issue is they are making a really small deck. There is no easy solution as they are trying to protect the lakeside view. Ms. Goodwald asked to show a picture from the opposite side of the deck and said from the furthest point she wanted to have a rectangle. She asked if she removes the hardcover underneath the deck, could that be a solution? Kirchner stated they have to base it on the application in front of the Commissioners. He said the concern is with the hardcover and whether the Commission approves or denies, it still goes to the Council for their review. His understanding is that Ms. Goodwald can change the application, as far as the layout, between this meeting and the Council meeting; she could make changes to the hardcover in the plan and bring it to the Council. McCutcheon knows the driveway is narrow but there have been applicants that narrow their driveways to accomplish things and meet the hardcover. It is an option although the applicant probably does not want to do it. He reiterated it is the hardcover so perhaps a compromise on the deck design, as they must win Council over. He thinks showing that she is improving the situation from the original ask says a lot. Libby thinks the Commission’s stance on hardcover has been very consistent and a redesign and re- concept coming closer to the standards would be advisable. MINUTES OF THE ORONO PLANNING COMMISSION Monday, April 19, 2021 6:00 o’clock p.m. _____________________________________________________________________________________ Page 3 of 3 Ressler moved, Libby seconded, to deny LA21-000024, 706 North Arm Drive, Variances as applied. VOTE: Ayes 6, Nays 0. Barnhart noted this item will be reviewed by the City Council on May 10, 2021. Letter View file:///ci.orono.mn.us/...024%20(706%20North%20Arm%20Dr)%20VAR/Practical%20Difficulties%20Documentation%20Form%20(5).htm[4/15/2021 12:22:17 PM] PRACTICAL DIFFICULTIES DOCUMENTATION FORM LA21-000024 1. The property owner proposes to use the property in a reasonable manner not permitted bythe Zoning Chapter. Response: There will be no further encroachment towards the lake than 8 feet that was approved by the city on 10/1/2003 via the Site Plan. The plan is to have approximately a 36 by 8 foot square deck. 2. The plight of the landowner is due to circumstances unique to his property not created by thelandowner. Response: Wheelchair assessable is a concern. 3. The variance, if granted, will not alter the essential character of the locality. Response: The next door neighbors have been consulted. Both parties have reviewed the deck proposaland do not object. Notes have been written for the city to review. 4. Economic considerations alone do not constitute practical difficulties if reasonable use forthe property exists under the terms of the Zoning Chapter. Response: The deck extension is do to a personal handicap. 5. Practical difficulties include, but are not limited to, inadequate access to direct sunlight forsolar energy systems. Variances shall be granted for earth-sheltered construction as defined inMinnesota Statutes, Section 116J.06, Subd. 2, when in harmony with this Chapter. Response: I believe this does not apply 6. The Board of Appeals and Adjustments or the Council may not permit as a variance any usethat is not allowed under this Chapter for property in the zone where the affected person's landis located. Response: Understood. 7. The Board or Council may permit as a variance the temporary use of a one-family dwelling asa two-family dwelling. Response: My mother will be staying with me on occasion. This is a one family dwelling. 8. The special conditions applying to the structure or land in question are peculiar to suchproperty or immediately adjoining property. Response: The deck extension does not impede with the site line from either neighbor as personal noteshave been written by the homeowners. 9. The conditions do not apply generally to other land or structures in the district in which saidland is located. Response: I do not believe this is the case. 10. The granting of the application is necessary for the preservation and enjoyment of asubstantial property right of the applicant. Council Exhibit E LA21-24 Letter View file:///ci.orono.mn.us/...024%20(706%20North%20Arm%20Dr)%20VAR/Practical%20Difficulties%20Documentation%20Form%20(5).htm[4/15/2021 12:22:17 PM] Response: I feel this is a safety issue as stated. 11. The granting of the proposed variance will not in any way impair health, safety, comfort,morals, or in any other respect be contrary to the intent of the Zoning Code. Response: Granting the variance will improve the health, safety, comfort and morals and is not contrary to the intent of the zoning code. 12. The granting of such variance will not merely serve as a convenience to the applicant but isnecessary to alleviate demonstrable difficulty. Response: This is my primary concern. My mother is 81 years old and is planning to stay with me for an extended period of time. I need to accommodate a wheelchair (reclining for blood pressure concerns) and navigate a radius turn safely per ADA compliance. Along with added guests this requires additional space.The existing deck size doesn't allow for this to occur in a safe manner. The doorway opens at the narrowestsection of the deck. Refer to the Site Plan. City of Orono, I am writing to you for permission to square the deck across the back of my home. As I stated previously, the space is needed to accommodate a reclining wheelchair for my mother. The survey shows a deck with steps that were not built. The site plan sent to you contains the correct measurements. My husband and I bought this home in 2010 as a foreclosure and have little information on the entire building process of this home. The photo that was sent of the deck post with cedar shakes will be changed to a stand-alone post. I am not asking for steps off the deck. My neighbors have been consulted with no objections. Notes from my neighbors have been documented for the city to review. Thank You, Lorraine Goodwald Council Exhibit F LA21-24 Council Exhibit G LA21-24 Council Exhibit H LA21-24 AGENDA ITEM Prepared By: mcc Reviewed By: J. Barnhart Approved By: 1. Purpose. This application is regarding approval of variances for two separate nonconforming accessory buildings in order to reconstruct them with minor expansions/changes. 2. MN§15.99 Application Deadline. The application was received on March 17, and considered to be complete on March 30th. Therefore the 60-Day review period expires on May 29, 2021. 3. Background/ Summary. Regarding the boathouse, the applicant has requested side yard, lake, and average lakeshore setback variances in order to expand the envelope of an existing accessory building as part of an in-kind replacement in order to meet floodplain regulations. This results in the corners of the new flat roof expanding outwards from the sloped portions of the existing roof with the building in a new location ±9 feet further from the lake and ±2 feet further from the side lot line. In the drawings below and in exhibit B, the existing condition outline is purple, and the proposed is in blue. Carriage House Boathouse Regarding the carriage house, the applicant is proposing to raise the roof inside the first floor to allow for more current garage ceiling dimensions. To accomplish this the applicant is proposing a minor roof and side wall change, resulting in a new envelope expansion slightly above the existing roof on the street side, and beyond the pitch of the roof on the lake side requiring rear and side yard variances. 4. Planning Commission Vote and Comment. On April 19, the Planning Commission held a public hearing. Following the public hearing the Planning Commission voted 5 to 1 (Libby) in favor of a motion to approve the requested variances subject to the following conditions: a. The boathouse shall not have hardcover landings. b. The property owner shall sign the standard plumbing covenant regarding the plumbing within the boathouse. The dissenting Commissioner did not provide their reasoning for their vote. 5. Public Comment. No comments from the neighbors were received. 6. Staff Recommendation. Staff recommends approval. Item No.: 16 Date: May 10, 2021 Item Description: LA21-000026 – JALIN Design LLC o/b/o Tim Holland, 1395 Orono Lane, Variances – Resolution Presenter: Melanie Curtis Planner Agenda Section: Planning Department Report AGENDA ITEM Prepared By: mcc Reviewed By: J. Barnhart Approved By: COUNCIL ACTION REQUESTED Motion to adopt or amend the approval resolution. Exhibits A. Draft Resolution B. Proposed Plans C. Draft PC Minutes D. PC Staff Report References PC Exhibits 04/19/2021 A. Application & Owners’ Narrative B. Practical Difficulties Documentation C. Existing & Proposed Survey/Site Plan D. Submitted Hardcover Calculations E. Proposed Plans and Elevations F. MCWD Email G. Resol. No. 2444 H. Aerial Photo I. Property Owners List J. Plat Map CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. ________________________ 1 A RESOLUTION APPROVING VARIANCES FROM MUNICIPAL ZONING CODE SECTIONS 78-305; 78-1279; and 78-1680 FILE NO. LA21 -000026 WHEREAS, on March 17, 2021, JALIN Design LLC (hereinafter the “Applicant”), on behalf of the property owner Tim Holland, applied for variances from the City Code for the property addressed 1395 Orono Lane and legally described as: Lot 7 & Lot 8, Homes on Browns Bay, according to the plat thereof, Hennepin County, Minnesota (hereinafter the “Property”); WHEREAS, the Applicant has made application to the City of Orono for variances from Orono Municipal Zoning Code Section 78-305 to allow reconstruction of an existing boathouse 5 feet from the side property line where a 15 foot setback is required and a 2.5 foot setback currently exists with minor roof volume expansions; and WHEREAS, the Applicant has made application to the City of Orono for variances from Orono Municipal Zoning Code Section 78-1279 to allow reconstruction of an existing boathouse 24 feet from the OHWL of Lake Minnetonka where a 15-foot setback currently exists and a 75 foot is required; the boathouse will be located entirely lakeward of the average lakeshore setback; and WHEREAS, the Applicant has made application to the City of Orono for a variance to Orono Municipal Zoning Code Section 78-305 to allow reconstruction of the existing carriage house 1 foot from the side property line and 3 feet from the rear property line where a 1 foot setback and 3 foot setback currently exist with minor roof volume expansions; and WHEREAS, the Applicant has made application to the City of Orono for a variance to Orono Municipal Zoning Code Section 78-1680 to allow 768 square feet of hardcover for the boathouse within the 75-foot setback where limited hardcover improvements are permitted; and WHEREAS, on April 19, 2021, after published and mailed notice in accordance with Minnesota Statutes and the City Code, the Planning Commission held a public hearing, at which time all persons desiring to be heard concerning this application were given the opportunity to speak thereon; and WHEREAS, on April 19, 2021, the Planning Commission recommended approval of the variances; and CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. ________________________ 2 WHEREAS, on May 10, 2021, the City Council reviewed the application and the recommendations of the Planning Commission and City staff; and NOW, THEREFORE, BE IT RESOLVED that the City Council of Orono, Minnesota hereby approves the requested variances as described above based on one or more of the following findings of fact concerning the Property: FINDINGS OF FACT: 1. This application was reviewed as Zoning File #LA21-000026. The analysis contained within staff memos and the exhibits attached to the aforesaid memos, all minutes from the above mentioned meetings, and any and all other materials distributed at these meetings are hereby incorporated by reference. 2. The Property is located in the LR-1A One Family Lakeshore Zoning District. 3. The Property contains 0.9 acres in area and has a defined lot width of 150 feet at the OHWL of Lake Minnetonka and 158 feet at the 75-foot lake setback. 4. The Property is within Tier 1 and hardcover is limited to 25% according to the Stormwater Quality Overlay District. 5. Applicant has applied for the following variances: a. Average Lake Setback Variance b. Lake Setback Variance c. Side Setback Variances d. Rear Setback Variance e. Hardcover within the 75-foot Lake Setback Variance 6. In considering this application for variances, the Council has considered the advice and recommendation of the Planning Commission and the effect of the proposed variances upon the health, safety and welfare of the community, existing and anticipated traffic conditions, light and air, danger of fire, risk to the public safety, and the effect on values of property in the surrounding area. ANALYSIS: 1. “Variances shall only be permitted when they are in harmony with the general purposes and intent of the ordinance . . . .” The variances support the minimal expansion of a non- conforming structure within in the lake yard and average lakeshore setback. Lake yard CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. ________________________ 3 construction prohibitions are intended to maintain the natural lakeshore and encourage development away from the lake. Alternatively, the goals of average lakeshore setback include protecting views from land into the lake, the requested variances to increase the height of the existing boathouse the minimum amount necessary to meet the ceiling height and floodplain regulations is in harmony with the Ordinance. The most adjacent neighbors are situated so that their lake views will not be impacted by the changes to the existing boathouse. The minimal additional mass of the flat roof areas within the setbacks will not be closer to the lake than existing and will not negatively impact the views into the property from the lake. Additionally, the minimal expansions proposed to the nonconforming carriage house building will not adversely impact the adjacent property, nor will they result in a significant massing increase within the required rear and side yard setback areas. The requested variances to increase the height of the existing carriage house garage ceiling while maintaining a livable height in the upper level are the minimum amount necessary to meet the ceiling height needs. This criterion is met. 2. “Variances shall only be permitted . . . when the variances are consistent with the comprehensive plan.” The variances resulting in reconstruction of the existing buildings (without footprint expansions), in a residential zone are consistent with the Comprehensive Plan. The variance to permit the minimal upward volume expansions is solely to upgrade the functionality of the carriage house, as well as allow the boathouse to conform to the floodplain regulations. This criterion is met. 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 minor upward expansions of the buildings within the setbacks appear to be reasonable; the flat roof design of the boathouse minimizes any potential negative impacts; the mature vegetation, and location of neighboring homes separate the buildings from the adjacent neighbors. This criterion is met. b. The plight of the landowner is due to circumstances unique to his property not created by the landowner. The Applicant proposes to reconstruct two nonconforming buildings to improve functionality for the owners. The buildings were not constructed by the current CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. ________________________ 4 owners, or by current construction standards, and are in need of replacing due to their age and deferred maintenance; and c. The variance, if granted, will not alter the essential character of the locality.” The requested variances will not result in the Property being out of character with the neighborhood; will not expand the footprint of the buildings; or result in additional encroachment into the setbacks toward the lake. The new encroachments will not alter the character of the locality. This criterion is met. 4. “Economic considerations alone do not constitute practical difficulties.” Economic considerations have not been a factor in the variance approval determination. 5. “Practical difficulties also include but are not limited to inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth-sheltered construction as defined in Minn. Stat. § 216C.06, subd. 2, when in harmony with Orono City Code Chapter 78.” This condition is not applicable. 6. “The board or the council may not permit as a variance any use that is not permitted under Orono City Code Chapter 78 for property in the zone where the affected person's land is located.” This condition is not applicable, as residential accessory buildings are an allowed use in the LR-1A District. 7. “The board or council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling.” This condition is not applicable. 8. “The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property.” The location and orientation of the existing buildings within the setbacks is an existing condition which is unique to the Property. 9. “The conditions do not apply generally to other land or structures in the district in which the land is located.” The location and existence of the nonconforming accessory buildings is an existing condition unique to a small number of properties in the City, but could be applied to all other lakeshore properties with detached garages, lake yard accessory buildings and boathouses. 10. “The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant.” Substantial property right is provided by the principal structure. The nonconforming buildings are allowed to be maintained and replaced in kind. Expansion of an existing non-conforming structure is not a right, however CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. ________________________ 5 the buildings will be expanded in order meet current building code standards, modern garage functionality, and floodplain minimum low floor regulations. 11. “The granting of the proposed variance will not in any way impair health, safety, comfort or morals, or in any other respect be contrary to the intent of this chapter.” Granting the requested variances will not adversely impact health, safety, comfort, or morals; The Commission should determine whether the modest expansion negates to goals of the code in relation to views into, and out of the property. 12. “The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty.” The Applicant asserts that the variances are necessary to modestly increase functionality, and for safety and regulatory compliance, and will not merely serve as a convenience to the owners. CONCLUSIONS, ORDER AND CONDITIONS: Based upon one or more of the above findings, the Orono City Council hereby grants the following to support reconstruction of two accessory buildings: • Variances from Orono Municipal Zoning Code Section 78-305 to allow reconstruction of an existing boathouse 5 feet from the side property line where a 15 foot setback is required and a 2.5 foot setback currently exists with minor roof volume expansions; • A variance from Orono Municipal Zoning Code Section 78-1279 to allow reconstruction of an existing boathouse 24 feet from the OHWL of Lake Minnetonka where a 15-foot setback currently exists and a 75 foot is required; the boathouse will be located entirely lakeward of the average lakeshore setback; • A variance from Orono Municipal Zoning Code Section 78-305 to allow reconstruction of the existing carriage house 1 foot from the side property line and 3 feet from the rear property line where a 1 foot setback and 3 foot setback currently exist with minor roof volume expansions; and • A variance from Orono Municipal Zoning Code Section 78-1680 to allow 768 square feet of hardcover for the boathouse within the 75-foot setback where limited hardcover improvements are 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 12/09/2020 and revised on 01/29/2021 by Sathre-Bergquist, Inc., and building plans submitted by the Applicant and annotated by City staff, attached to this Resolution as Exhibits A & B. CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. ________________________ 6 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 building permit must be obtained within one year of the date of Council approval, or the variance will expire on that date (May 10, 2022). 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 10th day of May, 2021. ATTEST: CITY OF ORONO: _______________________________ ________________________________ Anna Carlson, City Clerk Dennis Walsh, Mayor Ca r r i a g e Ho u s e Bo a t h o u s e FD WH F .P .REC E S S T V A B O V E 3'0 " x 8 ' IN S U L A T E D ST E E L D O O R 8'0 " x 8 ' 0 " S L I D E R 2'x 2 ' T R A N S O M 8'0 " x 8 ' 0 " SLI D E R 4'8 " x 6 ' P I C T U R E 4'8 " x 2 ' A W N I N G 6'x 6 ' P I C T U R E 6'x 2 ' A W N I N G 6 ' x 2 ' T R A N S O M 2 ' x 6 ' C A S E M E N T 2 ' x 2 ' A W N I N G TH I N VE N E E R ST O N E AD H E R E D TO W A L L A1 .3 0 BO A T H O U S E FL O O R P L A N / FO U N D A T I O N BO A T H O U S E SC A L E : 1 / 4 " = 1 ' - 0 " 2 A1 .3 D W 25 ' - 1 0 " 9'- 6 " 5 ' - 9 3 / 4 " 2 1 ' - 9 " 3 5 ' - 3 " 25 ' - 1 0 " 15 ' - 4 " 8'- 2 " 1 2 ' - 6 " 2 1 ' - 9 " PO W . 6'6 " x 5 ' 0 " ME C H ./ S T O R . 8'2 " x 5 ' 0 " 36 " RE F . 93 3 .5 93 3 .5 PR E P A R E A 10' 0 " x 1 8 ' 7 " LO U N G E 15 ' 0 " x 1 8 ' 7 " BO A T H O U S E F O U N D A T I O N P L A N SC A L E : 1 / 4 " = 1 ' - 0 " 1 A1 .3 2'- 0 1 / 2 " 1'- 0 " 26 ' - 1 0 " 1 ' - 1 1 " 2'4 " 4" C O N C . SL A B W / # 4 R E B A R @ 2 4 " O .C . EA . W A Y C E N T E R E D , O N 2 " R I G I D IN S U L A T I O N W/ IN - F L O O R H Y D R O N I C H E A T I N G OV E R M I N . 6 M I L . V A P O R B A R R I E R PLA C E D O N C O M P A C T E D G R A N U L A R M A T E R I A L UN E X C A V A T E D ISL A N D TA B L E 3'0 " x 7 ' 6 " 2'- 4 " 2 ' - 4 " 1 ' - 0 " P R O P E R T Y L I N E 5'- 0 " P R O P E R T Y L I N E GA M E 15 ' 0 " x 14 ' 0 " 15 ' - 5 1 / 2 " 4'- 7 " 1 ' - 6 " 7 ' - 1 1 " 2 ' - 1 " S H E L V E S 12 ' 0 " x 8 ' 0 " DO O R EX I S T I N G C A B I N FO O T P R I N T EX I S T I N G C A B I N RO O F O V E R H A N G FO O T P R I N T C A B I N E T 6 ' - 8 1 / 4 " 1 2 ' - 6 " 3 4 ' - 3 " 1'- 0 " 1 ' - 0 " 5 ' - 3 5 / 8 " 1 4 ' - 1 0 1 / 4 " 3 4 ' - 3 " MIN I - S P L I T LO C A T I O N BO I L E R LO C A T I O N OF P L U M B I N G AB O V E 3'0 " X 3 ' - 0 " X 1 2 " F T G . w 4 - # 4 R E B A R E A . W A Y AT B O T T O M . P R O V I D E 48 " FR O S T D E P T H , (T Y P x 8 ) 2 ' - 4 " 2'- 4 " 3'- 0 " WA L L & D O O R K E Y EX I S T I N G T O R E M A I N EX I S T I N G T O B E R E M O V E D , UN L E S S N O T E D O T H E R W I S E 2'0 " EX I S T I N G D O O R T O B E R E M O V E D EX I S T I N G D O O R T O R E M A I N NE W O R R E L O C A T E D D O O R NE W C O N C R E T E B L O C K F O U N D A T I O N NE W F R A M E D W A L L / F U R R I N G NO R T H PO S S I B L E 6 " CE I L I N G D R O P FO R H V A C EX I S T I N G C A B I N FO O T P R I N T 4 " AR C H I T E C T U R A L SH E A R W A L L D E T A I L AR C H I T E C T U R A L SH E A R W A L L D E T A I L AR C H I T E C T U R A L SH E A R W A L L D E T A I L 1'- 0 " 11 ' - 3 1 / 2 " 2'- 0 " AIR E X C H . AB O V E ST E P 1'- 0 " 1'- 4 " 1 ' - 0 " 4 " 7 ' - 1 1 " 3'- 5 1 / 2 " TH I N V E N E E R S T O N E AD H E R E D T O W A L L 3'-2 " H O L L A N D C O V E 1 3 9 5 O R O N O L A N E O R O N O , M N 5 5 3 9 1 Co p y r i g h t © 2 0 2 1 J A L I N D e s i g n CIT Y R E V I E W 02 - 2 2 - 2 1 CO N C E P T SIT E R E V I E W 01 - 0 6 - 2 1 CO N C E P T RE V I E W 02 - 1 2 - 2 1 CO N C E P T RE V I E W 02 - 1 6 - 2 1 WA T E R R E S O U R C E PE R M I T S U B M I S S I O N 03 - 0 5 - 2 1 IS S U E S / R E V I S I O N S DA T E ST R U C T U R A L RE V I E W 03 - 1 2 - 2 1 CIT Y V A R I A N C E SU B M I S S I O N - 2 03 - 1 7 - 2 1 Bo a t h o u s e A1 .3 1 BO A T H O U S E EL E V A T I O N S BO A T H O U S E E A S T E L E V A T I O N SC A L E : 1 / 4 " = 1 ' - 0 " 2 A1 .3 1 BO A T H O U S E N O R T H E L E V A T I O N SC A L E : 1 / 4 " = 1 ' - 0 " 4 A1 .3 1 BO A T H O U S E S O U T H E L E V A T I O N SC A L E : 1 / 4 " = 1 ' - 0 " 2 A1 .3 1 BO A T H O U S E W E S T E L E V A T I O N SC A L E : 1 / 4 " = 1 ' - 0 " 1 A1 .3 1 MA I N L E V E L EL E V . 9 3 3 . 5 ' 5' 33 5 9 LE V E 93 3 93 3 3 93 3 9 9 9 93 3 .2 2 93 4 .1 94 6 .2 5 93 33 93 3 2 .2 2 9 4 6 .2 5 93 4 .1 9 46 .2 5 93 3 93 3 .2 2 93 4 .1 93 2 .4 E X I S TI N G G RA D E 9 4 1 94 6 .2 5 PE A K PE R S P E C T I V E A N .T .S . 5 A1 .3 1 PE R S P E C T I V E B N .T .S . 6 A1 .3 1 PE R S P E C T I V E C N .T .S . 7 A1 .3 1 EX I S T I N G B O A T H O U S E GH O S T E D O U T L I N E P E R EL E V A T I O N MA I N L E V E L EL E V . 9 3 3 . 5 ' EX I S T I N G M A I N T .O .R . 9 4 3 . 0 9 ' - 7 " T .O .W . 9 4 4 .0 T .O .W . 9 4 3 .0 1 0 ' - 7 " T .O .W . 9 4 4 .5 1 1 ' - 1 " T .O .W . 9 4 4 .5 T .O .W . 9 4 4 .0 T .O .W . 9 4 3 .0 EX I S T I N G B O A T H O U S E GH O S T E D O U T L I N E P E R EL E V A T I O N T .O .W . 9 4 4 .5 T .O .W . 9 4 4 .0 T .O .W . 9 4 3 .0 MA I N L E V E L EL E V . 9 3 3 . 5 ' MA I N L E V E L EL E V . 9 3 3 . 5 ' AR C H I T E C T U R A L S T O N E SH E A R W A L L D E T A I L 12 " A R C H I T E C T U R A L FI N W A L L B E Y O N D 12 " A R C H I T E C T U R A L FI N W A L L B E Y O N D AR C H I T E C T U R A L S T O N E SH E A R W A L L D E T A I L 12 " A R C H I T E C T U R A L FI N W A L L B E Y O N D 12 " A R C H I T E C T U R A L FI N W A L L B E Y O N D AR C H I T E C T U R A L S T O N E SH E A R W A L L D E T A I L AR C H I T E C T U R A L S T O N E SH E A R W A L L D E T A I L H O L L A N D C O V E 1 3 9 5 O R O N O L A N E O R O N O , M N 5 5 3 9 1 Co p y r i g h t © 2 0 2 1 J A L I N D e s i g n CI T Y R E V I E W 02 - 2 2 - 2 1 CO N C E P T SI T E R E V I E W 01 - 0 6 - 2 1 CO N C E P T RE V I E W 02 - 1 2 - 2 1 CO N C E P T RE V I E W 02 - 1 6 - 2 1 WA T E R R E S O U R C E PE R M I T S U B M I S S I O N 03 - 0 5 - 2 1 IS S U E S / R E V I S I O N S DA T E ST R U C T U R A L RE V I E W 03 - 1 2 - 2 1 CI T Y V A R I A N C E SU B M I S S I O N - 2 03 - 1 7 - 2 1 A1 .3 2 BO A T H O U S E SE C T I O N 3 ' - 1 0 " 8 ' - 6 " 9 ' - 1 0 1 / 2 " PR O P O S E D P E A K 9 4 3 .4 1 ' - 0 " PE R C I T Y : LO W O P E N I N G = 9 3 3 .5 LO W F L O O R = 9 3 2 .5 BO A T H O U S E S E C T I O N SC A L E : 1 / 2 " = 1 ' - 0 " 3 A1 .3 2 EX I S T I N G B O A T H O U S E PR O F I L E 3 ' - 1 " 2 ' - 9 1 / 2 " 3 1 / 4 " 6 " 93 3 .5 - P R O P O S E D M A I N L O W E R T H A N E X I S T I N G 2 ' - 2 " H I G H E R RO O F 60 M I L E P D M M E M B R A N E ( W H I T E ) TA P E R E D I N S U L A T I O N S Y S T E M ( 1 / 4 " P E R F T .) PI T C H T O P E R I M E T E R G U T T E R S Y S T E M 12 " S I P S R O O F P A N E L S ( R - 4 9 I N S U L A T I O N ) VA P O R B A R R I E R I N T E G R A T E D I N W A L L 1/ 2 " G Y P . B D . F I N I S H 2 L A Y E R S G R A D E ' D ' P A P E R EX T E R I O R W A L L 6" S I P S W A L L P A N E L ( R - 2 4 I N S U L A T I O N ) NE W T E C H W O O D S I D I N G P E R P L A N 1/ 2 " S H E E T R O C K F I N I S H VA P O R B A R R I E R I N T E G R A T E D I N W A L L EX T E R I O R W A L L , T Y P . WA T E R P R O O F M E M B R A N E 8" C I P C O N C R E T E F N D W A L L CR U S H R O C K B A C K F I L L CR U S H R O C K B A C K F I L L 2" R I G I D I N S U A L T I O N FO U N D A T I O N W A L L : 1" M I N . T H E R M A L B R E A K FL O O R S Y S T E M : FI N I S H : E P O X Y / P O L I S H E D O R C O L O R E D C O N C . 4" C O N C . S L A B W / # 4 R E B A R @ 2 4 " O .C . EA . W A Y C E N T E R E D , O N 2 " R I G I D I N S U L A T I O N W/ I N - F L O O R H Y D R O N I C H E A T I N G OV E R M I N . 6 M I L . V A P O R B A R R I E R PL A C E D O N C O M P A C T E D G R A N U L A R M A T E R I A L 1/ 4 " / F T . S I P PR O P O S E D G R A D E VA R I E S A L L S I D E S 12 ' x 8 ' D O O R S H O W E N LA K E S I D E ( S O U T H ) A R C H I T E C T U R A L ST O N E S H E A R W A L L D E T A I L HO U S E S I D E ( N O R T H ) A R C H I T E C T U R A L ST O N E S H E A R W A L L D E T A I L 1 ' - 7 " 1' - 0 " 1/ 4 " / F T . 93 3 .2 - E X I S TI N G M A IN E XI S TI N G P E A K 9 4 6 K .2 93 4 .1 - E X I S TI N G M A I N E XI S TI N G G RA D E L A K E S ID E AT E X I S TI N G L O CA T I ON 1 0 ' - 7 " 1 1 ' - 1 " T . O . S O U T H S H E A R W A L L T . O . N O R T H S H E A R W A L L BO X S T Y L E G U T T E R ,V E R I F Y F I N A L DE T A I L F I E L D V E R I F Y L O C A T I O N OF D .S . O N W E S T F A C E T .O .W . 9 4 3 .0 12 " A R C H I T E C T U R A L FI N W A L L B E Y O N D H O L L A N D C O V E 1 3 9 5 O R O N O L A N E O R O N O , M N 5 5 3 9 1 Co p y r i g h t © 2 0 2 1 J A L I N D e s i g n CI T Y R E V I E W 02 - 2 2 - 2 1 CO N C E P T SI T E R E V I E W 01 - 0 6 - 2 1 CO N C E P T RE V I E W 02 - 1 2 - 2 1 CO N C E P T RE V I E W 02 - 1 6 - 2 1 WA T E R R E S O U R C E PE R M I T S U B M I S S I O N 03 - 0 5 - 2 1 IS S U E S / R E V I S I O N S DA T E ST R U C T U R A L RE V I E W 03 - 1 2 - 2 1 CI T Y V A R I A N C E SU B M I S S I O N - 2 03 - 1 7 - 2 1 A1 .3 3 EX I S T I N G BO A T H O U S E ST R U C T U R E PH O T O - N O R T H SC A L E : 1 / 4 " = 1 ' - 0 " 1 A1 .3 3 PH O T O - N O R T H - E A S T SC A L E : 1 / 4 " = 1 ' - 0 " 1 A1 .3 3 PH O T O - W E S T SC A L E : 1 / 4 " = 1 ' - 0 " 1 A1 .3 3 PH O T O - S O U T H F R O M L A K E SC A L E : 1 / 4 " = 1 ' - 0 " 1 A1 .3 3 PH O T O - N O R T H - W E S T F R O M N E I G H B O R ' S L I V I N G R M SC A L E : 1 / 4 " = 1 ' - 0 " 1 A1 .3 3 H O L L A N D C O V E 1 3 9 5 O R O N O L A N E O R O N O , M N 5 5 3 9 1 Co p y r i g h t © 2 0 2 1 J A L I N D e s i g n CI T Y R E V I E W 02 - 2 2 - 2 1 CO N C E P T SI T E R E V I E W 01 - 0 6 - 2 1 CO N C E P T RE V I E W 02 - 1 2 - 2 1 CO N C E P T RE V I E W 02 - 1 6 - 2 1 WA T E R R E S O U R C E PE R M I T S U B M I S S I O N 03 - 0 5 - 2 1 IS S U E S / R E V I S I O N S DA T E ST R U C T U R A L RE V I E W 03 - 1 2 - 2 1 CI T Y V A R I A N C E SU B M I S S I O N - 2 03 - 1 7 - 2 1 DW 30 " R E F . 29 ' - 1 0 1 / 2 " 2 1 ' - 5 " 27 ' - 1 0 1 / 2 " 2 0 ' - 5 " GU E S T H O U S E - L O W E R SC A L E : 1 / 4 " = 1 ' - 0 " 1 A1 .4 GU E S T H O U S E - U P P E R SC A L E : 1 / 4 " = 1 ' - 0 " 2 A1 .4 56 9 S F 64 0 S F 1' - 0 " 1' - 0 " 1 ' - 0 " 3' 0 " 2' 4 " 63 " EX P . DO O R BE D R O O M 10 ' 6 " x 1 1 ' 4 " KI T C H E N / D I N I N G 16 ' 6 " x 9 ' 0 " LI V I N G 16 ' 6 " x 1 0 ' 4 " BA T H 9' 0 " x 5 ' 6 " 8' x 7 ' 6 ' - 5 " 1 5 ' - 0 " A1 .4 0 GU E S T H O U S E FL O O R P L A N GR A D E P A T I O 23 ' 0 " x 1 2 ' 0 " ST E P EX I S T I N G G U E S T H O U S E F L O O R E L E V . = 9 4 2 .9 ' EX I S T I N G G A R A G E F L O O R E L E V A T I O N = 9 3 3 .8 ' 8 " S T E E L B E A M ( F L U S H ) 6' A R M O I R E 5' x 3 ' T A B L E / I S L A N D VIN Y L TIL E SH O W E R T R A N S O M T R A N S O M ST A C K W/ D MI E L E WW H 8 6 0 W C S LI N E N B E N C H W / H O O K S 8' x 7 ' 8' x 7 ' 2 ' - 4 1 / 2 " 2' 8 " 6' - 0 " 8' - 1 1 1 / 4 " 8' - 1 1 1 / 4 " 6' - 0 " 1 5 ' - 0 " 6 ' - 5 " SO F F I T E .P . ON - DE M A N D B O I L E R PO S S I B L E MI N I - S P L I T WA L L U N I T KO H L E R AR C H E R WI N D O W WI N D O W 2 0 ' - 5 " 1 ' - 0 " 2 1 ' - 5 " 2 ' - 2 1 / 2 " 27 ' - 1 0 1 / 2 " 1' - 0 " 1' - 0 " 5' - 0 1 / 2 " 3' - 4 1 / 4 " 7' - 9 1 / 8 " 7' - 0 3 / 8 " 2 ' - 2 1 / 2 " 9 ' - 8 1 / 2 " 5' - 0 " 6' - 2 3 / 4 " 2' - 8 1 / 2 " 8' - 1 1 1 / 4 " 5' - 0 " 1 1 ' - 1 1 3 / 4 " 4' - 8 1 / 4 " 3 ' - 8 1 / 4 " 5 ' - 0 " P . O . 8 " S T E E L B E A M ( F L U S H ) PO I N T L O A D AB O V E 9- 1 / 2 " 2 3 0 T J I JO I S T S @ 1 6 " O .C . 9- 1 / 2 " 2 3 0 T J I JO I S T S @ 1 6 " O .C . 9- 1 / 2 " 2 3 0 T J I JO I S T S @ 1 6 " O .C . 8" S T E E L B E A M ( F L U S H ) 3' x 3 ' C L E A R A N C E FO R E .P . WO O D F L O O R O V E R L A Y W/ R U B B E R F O R S L E D TR A C T I O N WA L L L I N E A B O V E SH O W N I N B L U E V A U L T E D C E I L I N G W / 1 2 " S I P S WA L L & D O O R K E Y EX I S T I N G T O R E M A I N EX I S T I N G T O B E R E M O V E D , UN L E S S N O T E D O T H E R W I S E 2' 0 " EX I S T I N G D O O R T O B E R E M O V E D EX I S T I N G D O O R T O R E M A I N NE W O R R E L O C A T E D D O O R NE W C O N C R E T E B L O C K F O U N D A T I O N NE W F R A M E D W A L L / F U R R I N G NO R T H PR O P O S E D G U E S T H O U S E F L O O R E L E V . ( + .7 ' ) = 9 4 3 .6 ' PR O P O S E D G A R A G E F L O O R E L E V A T I O N ( + .5 ' ) = 9 3 4 .3 ' 93 4 .3 ' 94 3 .6 ' EX I S T I N G G U E S T H O U S E FO O T P R I N T , P E R S U R V E Y G . T . G . T . 8' 0 " C E I L I N G 7' 2 " C E I L I N G 8' 0 " C E I L I N G 3 0 " R A N G E A N D H O O D (3 ) 1 6 " L V L R I D G E B E A M W A L L B E L O W V O I D V O I D 1 0 ' - 8 1 / 2 " 1 ' - 0 " VA R I E S @ 9 4 3 .0 ' (3 ) 5 - 1 / 2 " L V L (F L U S H ) (3 ) 5 - 1 / 2 " L V L (F L U S H ) (3 ) 5 - 1 / 2 " L V L (F L U S H ) (2 ) 7 - 1 / 2 " L V L (2 ) 7 - 1 / 2 " L V L (2 ) 7 - 1 / 2 " L V L H O L L A N D C O V E 1 3 9 5 O R O N O L A N E O R O N O , M N 5 5 3 9 1 Co p y r i g h t © 2 0 2 1 J A L I N D e s i g n CI T Y R E V I E W 02 - 2 2 - 2 1 CO N C E P T SI T E R E V I E W 01 - 0 6 - 2 1 CO N C E P T RE V I E W 02 - 1 2 - 2 1 CO N C E P T RE V I E W 02 - 1 6 - 2 1 WA T E R R E S O U R C E PE R M I T S U B M I S S I O N 03 - 0 5 - 2 1 IS S U E S / R E V I S I O N S DA T E ST R U C T U R A L RE V I E W 03 - 1 2 - 2 1 CI T Y V A R I A N C E SU B M I S S I O N 03 - 1 7 - 2 1 Ca r r i a g e H o u s e EA S T E L E V A T I O N SC A L E : 1 / 4 " = 1 ' - 0 " 3 A1 .4 1 NO R T H E L E V A T I O N ( S T R E E T S I D E ) SC A L E : 1 / 4 " = 1 ' - 0 " 2 A1 .4 1 A1 .4 1 GU E S T H O U S E EL E V A T I O N S WE S T E L E V A T I O N SC A L E : 1 / 4 " = 1 ' - 0 " 4 A1 .4 1 2 1 ' - 3 1 / 2 " GF E = 9 GF E = 9 GF E = 9 GF E 9 33 8 33 8 33 8 33 . 8 WO E = 9 4 2 WO E .9 G FE= 94 2 .9 9 9 9 9 9 9 GFE = 9 3 GFE = 9 3 E GFE = 9 G GFE 9 3 3 3 3 3 .8 8 8 8 8 .8 GFE = 9 4 2 .9 9 9 9 9 WE S T FA C E T SO U T H E L E V A T I O N ( P R O P E R T Y S I D E ) SC A L E : 1 / 4 " = 1 ' - 0 " 1 A1 .4 1 1 9 ' - 4 " GF E = 9 3 GF E = 9 3 GF E = 9 3 GF E 9 3 3 3 3 3 .8 8 8 .8 G G GF E = 9 4 G G 2 .9 EX I S T I N G G U E S T H O U S E GH O S T E D O U T L I N E P E R EL E V A T I O N BU R I E D F O U N D A T I O N PR O P O S E D 9 3 4 .3 ' PR O P O S E D 9 4 3 .6 ' PR O P O S E D 9 5 3 .6 ' EX I S T I N G 9 5 5 .0 ' EX I S T I N G 9 3 3 .8 ' EX I S T I N G 9 4 2 .9 ' EX I S T I N G 9 3 3 .8 ' EX I S T I N G 9 4 2 .9 ' WE S T E L E V A T I O N SC AL E : 1 /4 " = 1 '-0 " 4 A1 A .41 SO U T H P E R S P E C T I V E N .T .S . 5 A1 .4 1 NO R T H P E R S P E C T I V E N .T .S . 6 A1 .4 1 PR O P O S E D 9 3 4 .3 ' PR O P O S E D 9 4 3 .6 ' PR O P O S E D 9 5 3 .6 ' EX I S T I N G 9 5 5 .0 ' H O L L A N D C O V E 1 3 9 5 O R O N O L A N E O R O N O , M N 5 5 3 9 1 Co p y r i g h t © 2 0 2 1 J A L I N D e s i g n CIT Y R E V I E W 02 - 2 2 - 2 1 CO N C E P T SIT E R E V I E W 01 - 0 6 - 2 1 CO N C E P T RE V I E W 02 - 1 2 - 2 1 CO N C E P T RE V I E W 02 - 1 6 - 2 1 WA T E R R E S O U R C E PE R M I T S U B M I S S I O N 03 - 0 5 - 2 1 IS S U E S / R E V I S I O N S DA T E ST R U C T U R A L RE V I E W 03 - 1 2 - 2 1 CIT Y V A R I A N C E SU B M I S S I O N 03 - 1 7 - 2 1 6" S I P S W A L L P A N E L ( R - 2 4 I N S U L A T I O N ) OP T I O N F O R 2 X 6 S T U D S @ 1 6 " O .C . W/ S P R A Y U R T H A N E I N S U L 2 L A Y E R S G R A D E ' D ' P A P E R NE W T E C H W O O D S I D I N G O R PE R P L A N S T O N E V E N E E R 1/ 2 " S H E E T R O C K F I N I S H VA P O R B A R R I E R I N T E G R A T E D I N W A L L EX T E R I O R W A L L WA T E R P R O O F M E M B R A N E 8" C I P C O N C R E T E F N D W A L L CR U S H R O C K B A C K F I L L CR U S H R O C K B A C K F I L L 2" R I G I D I N S U A L T I O N FO U N D A T I O N W A L L : FL O O R S Y S T E M : FI N I S H : E P O X Y / P O L I S H E D O R C O L O R E D C O N C . 4" C O N C . S L A B W / # 4 R E B A R @ 2 4 " O .C . EA . W A Y C E N T E R E D , O N 2 " R I G I D I N S U L A T I O N W/ I N - F L O O R H Y D R O N I C H E A T I N G OV E R M I N . 6 M I L . V A P O R B A R R I E R PL A C E D O N C O M P A C T E D G R A N U L A R M A T E R I A L 9 ' - 6 " 8 ' - 6 " + / - 1 0 1 / 4 " 7 ' - 6 " 1 0 7 / 8 " 1 1 1 / 4 " H E E L J O I S T B E A R I N G 12 2 12 1+ / - FL O O R S Y S T E M : FI N I S H : E N G I N E E R E D W O O D / V I N Y L / T I L E 9- 1 / 2 " T J I 2 1 0 @ 1 6 " O .C . R- 3 0 M I N . S P R A Y U R A T H A N E I N S U L A T I O N OP T I O N A L I N - F L O O R H Y D R O N I C H E A T I N G VA P O R B A R R I E R I N T E G R A T E D W / U R A T H A N E 5/ 8 " T Y P E ' X ' G Y P . B D . H E E L OP T I O N A L T O F R A M E DO W N C E I L I N G TO C O N C E A L R I D G E B E A M LO W C L E A R A N C E GA R A G E D O O R SY S T E M PO S S I B L E I N S U L A T E D S O F F I T FO R D U C T S 1 0 " 2' - 4 " RO O F ST A N D S E A M M E T A L R O O F IC E & W A T E R E N T I R E R O O F PR E P F O R H O T R O O F S Y S T E M 12 " S I P S R O O F P A N E L S ( R - 4 9 I N S U L A T I O N ) OP T I O N A L 2 x 1 2 R A F T E R S ( W / S P R A Y I N S U L .) VA P O R B A R R I E R I N T E G R A T E D I N W A L L 1/ 2 " G Y P . B D . F I N I S H VE R I F Y G U T T E R S Y S T E M WA T E R P R O O F M E M B R A N E 8" C I P C O N C R E T E F N D W A L L CR U S H R O C K B A C K F I L L CR U S H R O C K B A C K F I L L 2" R I G I D I N S U A L T I O N FO U N D A T I O N W A L L : 4 ' - 0 " M I N . F R O S T F T G . 6 ' - 9 1 / 2 " F R A M I N G H T . W I N D O W H T . 1 ' - 4 1 / 2 " DI F F E R E N C E 1 ' - 1 1 / 8 " H E E L NE W C O N C . P A T I O GU E S T S E C T I O N SC A L E : 1 / 2 " = 1 ' - 0 " 1 A1 .4 2 F O U N D A T I O N 8 ' - 1 1 / 8 " A1 .4 2 GU E S T H O U S E SE C T I O N / D E T A I L S F R A M I N G H E I G H T 6 " R A I S E 8 3 / 4 " 94 2 . 5 PR O P O S E D GF E = 9 3 4 .3 ' PR O P O S E D WO E = 9 4 3 .6 ' EX I S T I N G GF E = 9 3 3 . 8 EX I S T I N G WO E = 9 4 2 .9 2 1 ' - 3 1 / 2 " 1 9 ' - 4 " 6 " 1 ' - 5 1 / 2 " EX I S T I N G S T R U C T U R E PR O F I L E I N MA G E N T A EX I S T I N G W O O D DE C K / B R I D G E 12 10 EX I S T I N G S T R U C T U R E PR O F I L E I N MA G E N T A CR U S H E D R O C K B A C K F I L L TO A L L O W F O R P R O P E R D R A I N A G E SL O P E 1 / 4 " / F T 9 ' - 4 " 8 ' - 4 1 / 4 " 1 ' - 7 3 / 4 " H O L L A N D C O V E 1 3 9 5 O R O N O L A N E O R O N O , M N 5 5 3 9 1 Co p y r i g h t © 2 0 2 1 J A L I N D e s i g n CI T Y R E V I E W 02 - 2 2 - 2 1 CO N C E P T SI T E R E V I E W 01 - 0 6 - 2 1 CO N C E P T RE V I E W 02 - 1 2 - 2 1 CO N C E P T RE V I E W 02 - 1 6 - 2 1 WA T E R R E S O U R C E PE R M I T S U B M I S S I O N 03 - 0 5 - 2 1 IS S U E S / R E V I S I O N S DA T E ST R U C T U R A L RE V I E W 03 - 1 2 - 2 1 CI T Y V A R I A N C E SU B M I S S I O N 03 - 1 7 - 2 1 A1 .4 3 EX I S T I N G GU E S T H O U S E ST R U C T U R E PH O T O - N O R T H - E A S T SC A L E : 1 / 4 " = 1 ' - 0 " 1 A1 .4 3 PH O T O - N O R T H SC A L E : 1 / 4 " = 1 ' - 0 " 2 A1 .4 3 PH O T O - N O R T H - W E S T SC A L E : 1 / 4 " = 1 ' - 0 " 3 A1 .4 3 PH O T O - S O U T H - E A S T SC A L E : 1 / 4 " = 1 ' - 0 " 4 A1 .4 3 PH O T O - E A S T C L O S E U P SC A L E : 1 / 4 " = 1 ' - 0 " 5 A1 .4 3 PH O T O - S O U T H SC A L E : 1 / 4 " = 1 ' - 0 " 6 A1 .4 3 H O L L A N D C O V E 1 3 9 5 O R O N O L A N E O R O N O , M N 5 5 3 9 1 Co p y r i g h t © 2 0 2 1 J A L I N D e s i g n CI T Y R E V I E W 02 - 2 2 - 2 1 CO N C E P T SI T E R E V I E W 01 - 0 6 - 2 1 CO N C E P T RE V I E W 02 - 1 2 - 2 1 CO N C E P T RE V I E W 02 - 1 6 - 2 1 WA T E R R E S O U R C E PE R M I T S U B M I S S I O N 03 - 0 5 - 2 1 IS S U E S / R E V I S I O N S DA T E ST R U C T U R A L RE V I E W 03 - 1 2 - 2 1 CI T Y V A R I A N C E SU B M I S S I O N 03 - 1 7 - 2 1 FD WH F.P. RECESS TV ABOVE 3'0"x8' INSULATED STEEL DOOR 8'0"x 8'0" SLIDER 2'x2' TRANSOM 8'0"x8'0" SLIDER 4'8"x6' PICTURE 4'8"x2' AWNING 6'x6' PICTURE 6'x2' AWNING 6' x 2 ' T R A N S O M 2' x 6 ' C A S E M E N T 2' x 2 ' A W N I N G THIN VENEER STONE ADHERED TO WALL A1.30 BOAT HOUSE FLOOR PLAN/ FOUNDATION BOAT HOUSE SCALE: 1/4" = 1'-0" 2 A1.3 DW 25'-10" 9'-6" 5' - 9 3 / 4 " 21 ' - 9 " 35 ' - 3 " 25'-10" 15'-4"8'-2" 12 ' - 6 " 21 ' - 9 " POW. 6'6" x 5'0" MECH./STOR. 8'2" x 5'0" 36" REF. 933.5 933.5 PREP AREA 10'0" x 18'7" LOUNGE 15'0" x 18'7" BOAT HOUSE FOUNDATION PLAN SCALE: 1/4" = 1'-0" 1 A1.3 2'-0 1/2"1'-0" 26'-10" 1' - 1 1 " 2'4" 4" CONC. SLAB W/ #4 REBAR @ 24" O.C. EA. WAY CENTERED, ON 2" RIGID INSULATION W/ IN-FLOOR HYDRONIC HEATING OVER MIN. 6 MIL. VAPOR BARRIER PLACED ON COMPACTED GRANULAR MATERIAL UNEXCAVATED ISLAND TABLE 3'0"x7'6" 2'-4" 2' - 4 " 1' - 0 " PR O P E R T Y L I N E 5'-0" PR O P E R T Y L I N E GAME 15'0" x 14'0" 15'-5 1/2"4'-7" 1' - 6 " 7' - 1 1 " 2' - 1 " SH E L V E S 12'0"x8'0" DOOR EXISTING CABIN FOOT PRINT EXISTING CABIN ROOF OVERHANG FOOT PRINT CA B I N E T 6' - 8 1 / 4 " 12 ' - 6 " 34 ' - 3 " 1'-0" 1' - 0 " 5' - 3 5 / 8 " 14 ' - 1 0 1 / 4 " 34 ' - 3 " MINI-SPLIT LOCATION BOILER LOCATION OF PLUMBING ABOVE 3'0" X 3'-0" X 12" FTG. w 4-#4 REBAR EA. WAY AT BOTTOM. PROVIDE 48" FROST DEPTH, (TYP x8) 2' - 4 " 2'-4" 3'-0" WALL & DOOR KEY EXISTING TO REMAIN EXISTING TO BE REMOVED, UNLESS NOTED OTHERWISE 2'0" EXISTING DOOR TO BE REMOVED EXISTING DOOR TO REMAIN NEW OR RELOCATED DOOR NEW CONCRETE BLOCK FOUNDATION NEW FRAMED WALL/FURRING NORTH POSSIBLE 6" CEILING DROP FOR HVAC EXISTING CABIN FOOT PRINT 4" ARCHITECTURAL SHEAR WALL DETAIL ARCHITECTURAL SHEAR WALL DETAIL ARCHITECTURAL SHEAR WALL DETAIL 1'-0"11'-3 1/2"2'-0" AIR EXCH. ABOVE STEP 1'-0"1'-4" 1' - 0 " 4" 7' - 1 1 " 3'-5 1/2" THIN VENEER STONE ADHERED TO WALL 3'-2"HO L L A N D C O V E 13 9 5 O R O N O L A N E OR O N O , M N 5 5 3 9 1 Copyright ©2021 JALIN Design CITY REVIEW 02-22-21 CONCEPT SITE REVIEW 01-06-21 CONCEPT REVIEW 02-12-21 CONCEPT REVIEW 02-16-21 WATER RESOURCE PERMIT SUBMISSION 03-05-21 ISSUES/REVISIONS DATE STRUCTURAL REVIEW 03-12-21 CITY VARIANCE SUBMISSION-2 03-17-21 A1.31 BOAT HOUSE ELEVATIONS BOAT HOUSE EAST ELEVATION SCALE: 1/4" = 1'-0" 2 A1.31 BOAT HOUSE NORTH ELEVATION SCALE: 1/4" = 1'-0" 4 A1.31 BOAT HOUSE SOUTH ELEVATION SCALE: 1/4" = 1'-0" 2 A1.31 BOAT HOUSE WEST ELEVATION SCALE: 1/4" = 1'-0" 1 A1.31 MAIN LEVEL ELEV. 933.5'933.2 934.1 946.25 933.2 946.25 934.1 946.25 933.2 934.1 932.4 EXISTING GRADE 941 946.25 PEAK PERSPECTIVE A N.T.S. 5 A1.31 PERSPECTIVE B N.T.S. 6 A1.31 PERSPECTIVE C N.T.S. 7 A1.31 EXISTING BOAT HOUSE GHOSTED OUTLINE PER ELEVATION MAIN LEVEL ELEV. 933.5' EXISTING MAIN T.O.R. 943.0 9' - 7 " T.O.W. 944.0 T.O.W. 943.0 10 ' - 7 " T.O.W. 944.5 11 ' - 1 " T.O.W. 944.5 T.O.W. 944.0 T.O.W. 943.0 EXISTING BOAT HOUSE GHOSTED OUTLINE PER ELEVATION T.O.W. 944.5 T.O.W. 944.0 T.O.W. 943.0 MAIN LEVEL ELEV. 933.5' MAIN LEVEL ELEV. 933.5' ARCHITECTURAL STONE SHEAR WALL DETAIL 12" ARCHITECTURAL FIN WALL BEYOND 12" ARCHITECTURAL FIN WALL BEYOND ARCHITECTURAL STONE SHEAR WALL DETAIL 12" ARCHITECTURAL FIN WALL BEYOND 12" ARCHITECTURAL FIN WALL BEYOND ARCHITECTURAL STONE SHEAR WALL DETAIL ARCHITECTURAL STONE SHEAR WALL DETAIL HO L L A N D C O V E 13 9 5 O R O N O L A N E OR O N O , M N 5 5 3 9 1 Copyright ©2021 JALIN Design CITY REVIEW 02-22-21 CONCEPT SITE REVIEW 01-06-21 CONCEPT REVIEW 02-12-21 CONCEPT REVIEW 02-16-21 WATER RESOURCE PERMIT SUBMISSION 03-05-21 ISSUES/REVISIONS DATE STRUCTURAL REVIEW 03-12-21 CITY VARIANCE SUBMISSION-2 03-17-21 A1.32 BOAT HOUSE SECTION 3' - 1 0 " 8' - 6 " 9' - 1 0 1 / 2 " PROPOSED PEAK 943.4 1' - 0 " PER CITY: LOW OPENING = 933.5 LOW FLOOR = 932.5 BOAT HOUSE SECTION SCALE: 1/2" = 1'-0" 3 A1.32 EXISTING BOAT HOUSE PROFILE 3' - 1 " 2' - 9 1 / 2 " 3 1 / 4 " 6" 933.5 - PROPOSED MAIN LO W E R T H A N E X I S T I N G 2' - 2 " HI G H E R ROOF 60 MIL EPDM MEMBRANE (WHITE) TAPERED INSULATION SYSTEM (1/4" PER FT.) PITCH TO PERIMETER GUTTER SYSTEM 12" SIPS ROOF PANELS (R-49 INSULATION) VAPOR BARRIER INTEGRATED IN WALL 1/2" GYP. BD. FINISH 2 LAYERS GRADE 'D' PAPER EXTERIOR WALL 6" SIPS WALL PANEL (R-24 INSULATION) NEW TECH WOOD SIDING PER PLAN 1/2" SHEETROCK FINISH VAPOR BARRIER INTEGRATED IN WALL EXTERIOR WALL, TYP. WATERPROOF MEMBRANE 8" CIP CONCRETE FND WALL CRUSH ROCK BACKFILL CRUSH ROCK BACKFILL 2" RIGID INSUALTION FOUNDATION WALL: 1" MIN. THERMAL BREAK FLOOR SYSTEM: FINISH: EPOXY/POLISHED OR COLORED CONC. 4" CONC. SLAB W/ #4 REBAR @ 24" O.C. EA. WAY CENTERED, ON 2" RIGID INSULATION W/ IN-FLOOR HYDRONIC HEATING OVER MIN. 6 MIL. VAPOR BARRIER PLACED ON COMPACTED GRANULAR MATERIAL 1/4"/FT. SI P PROPOSED GRADE VARIES ALL SIDES 12' x 8' DOOR SHOWEN LAKE SIDE (SOUTH) ARCHITECTURAL STONE SHEAR WALL DETAIL HOUSE SIDE (NORTH) ARCHITECTURAL STONE SHEAR WALL DETAIL 1' - 7 " 1'-0" 1/4"/FT. 933.2 - EXISTING MAIN EXISTING PEAK 946.2 934.1 - EXISTING MAIN EXISTING GRADE LAKE SIDE AT EXISTING LOCATION 10 ' - 7 " 11 ' - 1 " T .O . S O U T H S H E A R W A L L T .O . N O R T H S H E A R W A L L BOX STYLE GUTTER,VERIFY FINAL DETAIL FIELD VERIFY LOCATION OF D.S. ON WEST FACE T.O.W. 943.0 12" ARCHITECTURAL FIN WALL BEYOND HO L L A N D C O V E 13 9 5 O R O N O L A N E OR O N O , M N 5 5 3 9 1 Copyright ©2021 JALIN Design CITY REVIEW 02-22-21 CONCEPT SITE REVIEW 01-06-21 CONCEPT REVIEW 02-12-21 CONCEPT REVIEW 02-16-21 WATER RESOURCE PERMIT SUBMISSION 03-05-21 ISSUES/REVISIONS DATE STRUCTURAL REVIEW 03-12-21 CITY VARIANCE SUBMISSION-2 03-17-21 A1.33 EXISTING BOAT HOUSE STRUCTURE PHOTO - NORTH SCALE: 1/4" = 1'-0" 1 A1.33 PHOTO - NORTH-EAST SCALE: 1/4" = 1'-0" 1 A1.33 PHOTO - WEST SCALE: 1/4" = 1'-0" 1 A1.33 PHOTO - SOUTH FROM LAKE SCALE: 1/4" = 1'-0" 1 A1.33 PHOTO - NORTH-WEST FROM NEIGHBOR'S LIVING RM SCALE: 1/4" = 1'-0" 1 A1.33 HO L L A N D C O V E 13 9 5 O R O N O L A N E OR O N O , M N 5 5 3 9 1 Copyright ©2021 JALIN Design CITY REVIEW 02-22-21 CONCEPT SITE REVIEW 01-06-21 CONCEPT REVIEW 02-12-21 CONCEPT REVIEW 02-16-21 WATER RESOURCE PERMIT SUBMISSION 03-05-21 ISSUES/REVISIONS DATE STRUCTURAL REVIEW 03-12-21 CITY VARIANCE SUBMISSION-2 03-17-21 DW30" REF. 29'-10 1/2" 21 ' - 5 " 27'-10 1/2" 20 ' - 5 " GUEST HOUSE - LOWER SCALE: 1/4" = 1'-0" 1 A1.4 GUEST HOUSE - UPPER SCALE: 1/4" = 1'-0" 2 A1.4 569 SF640 SF 1'-0"1'-0" 1' - 0 " 3'0" 2'4" 63" EXP. DOOR BEDROOM 10'6" x 11'4" KITCHEN/DINING 16'6" x 9'0" LIVING 16'6" x 10'4" BATH 9'0" x 5'6" 8'x7' 6' - 5 " 15 ' - 0 " A1.40 GUEST HOUSE FLOOR PLAN GRADE PATIO 23'0" x 12'0" STEP EXISTING GUEST HOUSE FLOOR ELEV. = 942.9' EXISTING GARAGE FLOOR ELEVATION = 933.8' 8" S T E E L B E A M ( F L U S H ) 6' ARMOIRE 5'x3' TABLE/ISLAND V I N Y L T I L E SHOWER TR A N S O M TR A N S O M STACK W/D MIELE WWH860WCS LINEN BE N C H W/ H O O K S 8'x7'8'x7' 2' - 4 1 / 2 " 2'8" 6'-0"8'-11 1/4"8'-11 1/4"6'-0" 15 ' - 0 " 6' - 5 " SOFFIT E.P.ON- DEMANDBO I L E R POSSIBLE MINI-SPLIT WALL UNIT KOHLER ARCHER WINDOW WINDOW 20 ' - 5 " 1' - 0 " 21 ' - 5 " 2' - 2 1 / 2 " 27'-10 1/2"1'-0"1'-0" 5'-0 1/2"3'-4 1/4"7'-9 1/8"7'-0 3/8" 2' - 2 1 / 2 " 9' - 8 1 / 2 " 5'-0"6'-2 3/4"2'-8 1/2"8'-11 1/4"5'-0" 11 ' - 1 1 3 / 4 " 4'-8 1/4" 3' - 8 1 / 4 " 5' - 0 " P .O . 8" S T E E L B E A M ( F L U S H ) POINT LOAD ABOVE 9-1/2" 230 TJI JOISTS @ 16" O.C. 9-1/2" 230 TJI JOISTS @ 16" O.C. 9-1/2" 230 TJI JOISTS @ 16" O.C. 8" STEEL BEAM (FLUSH) 3'x3' CLEARANCE FOR E.P. WOOD FLOOR OVERLAY W/ RUBBER FOR SLED TRACTIONWALL LINE ABOVE SHOWN IN BLUE VA U L T E D C E I L I N G W/ 1 2 " S I P S WALL & DOOR KEY EXISTING TO REMAIN EXISTING TO BE REMOVED, UNLESS NOTED OTHERWISE 2'0" EXISTING DOOR TO BE REMOVED EXISTING DOOR TO REMAIN NEW OR RELOCATED DOOR NEW CONCRETE BLOCK FOUNDATION NEW FRAMED WALL/FURRING NORTH PROPOSED GUEST HOUSE FLOOR ELEV. (+.7') = 943.6' PROPOSED GARAGE FLOOR ELEVATION (+.5') = 934.3' 934.3' 943.6' EXISTING GUEST HOUSE FOOT PRINT, PER SURVEY G .T . G .T . 8'0" CEILING 7'2" CEILING 8'0" CEILING 30 " R A N G E AN D H O O D (3) 16" LVL RIDGE BEAM WA L L B E L O W VO I D VO I D 10 ' - 8 1 / 2 " 1' - 0 " VARIES @ 943.0' (3) 5-1/2" LVL (FLUSH) (3) 5-1/2" LVL (FLUSH) (3) 5-1/2" LVL (FLUSH) (2) 7-1/2" LVL (2) 7-1/2" LVL(2) 7-1/2" LVL HO L L A N D C O V E 13 9 5 O R O N O L A N E OR O N O , M N 5 5 3 9 1 Copyright ©2021 JALIN Design CITY REVIEW 02-22-21 CONCEPT SITE REVIEW 01-06-21 CONCEPT REVIEW 02-12-21 CONCEPT REVIEW 02-16-21 WATER RESOURCE PERMIT SUBMISSION 03-05-21 ISSUES/REVISIONS DATE STRUCTURAL REVIEW 03-12-21 CITY VARIANCE SUBMISSION 03-17-21 EAST ELEVATION SCALE: 1/4" = 1'-0" 3 A1.41 NORTH ELEVATION (STREET SIDE) SCALE: 1/4" = 1'-0" 2 A1.41 A1.41 GUEST HOUSE ELEVATIONS WEST ELEVATION SCALE: 1/4" = 1'-0" 4 A1.41 21 ' - 3 1 / 2 " GFE=933.8 WOE=942.9 GFE=933.8 GFE=942.9 GFE=933.8 GFE=942.9 WEST FACE SOUTH ELEVATION (PROPERTY SIDE) SCALE: 1/4" = 1'-0" 1 A1.41 19 ' - 4 " GFE=933.8 GFE=942.9 EXISTING GUEST HOUSE GHOSTED OUTLINE PER ELEVATION BURIED FOUNDATION PROPOSED 934.3' PROPOSED 943.6' PROPOSED 953.6' EXISTING 955.0' EXISTING 933.8' EXISTING 942.9' EXISTING 933.8' EXISTING 942.9' SOUTH PERSPECTIVE N.T.S. 5 A1.41 NORTH PERSPECTIVE N.T.S. 6 A1.41 PROPOSED 934.3' PROPOSED 943.6' PROPOSED 953.6' EXISTING 955.0' HO L L A N D C O V E 13 9 5 O R O N O L A N E OR O N O , M N 5 5 3 9 1 Copyright ©2021 JALIN Design CITY REVIEW 02-22-21 CONCEPT SITE REVIEW 01-06-21 CONCEPT REVIEW 02-12-21 CONCEPT REVIEW 02-16-21 WATER RESOURCE PERMIT SUBMISSION 03-05-21 ISSUES/REVISIONS DATE STRUCTURAL REVIEW 03-12-21 CITY VARIANCE SUBMISSION 03-17-21 6" SIPS WALL PANEL (R-24 INSULATION) OPTION FOR 2X6 STUDS @ 16" O.C. W/ SPRAY URTHANE INSUL 2 LAYERS GRADE 'D' PAPER NEW TECH WOOD SIDING OR PER PLAN STONE VENEER 1/2" SHEETROCK FINISH VAPOR BARRIER INTEGRATED IN WALL EXTERIOR WALL WATERPROOF MEMBRANE 8" CIP CONCRETE FND WALL CRUSH ROCK BACKFILL CRUSH ROCK BACKFILL 2" RIGID INSUALTION FOUNDATION WALL: FLOOR SYSTEM: FINISH: EPOXY/POLISHED OR COLORED CONC. 4" CONC. SLAB W/ #4 REBAR @ 24" O.C. EA. WAY CENTERED, ON 2" RIGID INSULATION W/ IN-FLOOR HYDRONIC HEATING OVER MIN. 6 MIL. VAPOR BARRIER PLACED ON COMPACTED GRANULAR MATERIAL 9' - 6 " 8' - 6 " + / - 10 1 / 4 " 7' - 6 " 10 7 / 8 " 11 1 / 4 " HE E L JO I S T B E A R I N G 12 2 12 1+/- FLOOR SYSTEM: FINISH: ENGINEERED WOOD/VINYL/TILE 9-1/2" TJI 210 @ 16" O.C. R-30 MIN. SPRAY URATHANE INSULATION OPTIONAL IN-FLOOR HYDRONIC HEATING VAPOR BARRIER INTEGRATED W/ URATHANE 5/8" TYPE 'X' GYP. BD. HE E L OPTIONAL TO FRAME DOWN CEILING TO CONCEAL RIDGE BEAM LOW CLEARANCE GARAGE DOOR SYSTEMPOSSIBLE INSULATED SOFFIT FOR DUCTS 10 " 2'-4" ROOF STAND SEAM METAL ROOF ICE & WATER ENTIRE ROOF PREP FOR HOT ROOF SYSTEM 12" SIPS ROOF PANELS (R-49 INSULATION) OPTIONAL 2x12 RAFTERS (W/ SPRAY INSUL.) VAPOR BARRIER INTEGRATED IN WALL 1/2" GYP. BD. FINISH VERIFY GUTTER SYSTEM WATERPROOF MEMBRANE 8" CIP CONCRETE FND WALL CRUSH ROCK BACKFILL CRUSH ROCK BACKFILL 2" RIGID INSUALTION FOUNDATION WALL: 4' - 0 " M I N . F R O S T F T G . 6' - 9 1 / 2 " FR A M I N G H T . WI N D O W H T . 1' - 4 1 / 2 " DIFFERENCE 1' - 1 1 / 8 " HE E L NEW CONC. PATIO GUEST SECTION SCALE: 1/2" = 1'-0" 1 A1.42 FO U N D A T I O N 8' - 1 1 / 8 " A1.42 GUEST HOUSE SECTION/DETAILS FR A M I N G H E I G H T 6" RA I S E 8 3 / 4 " 942.5 PROPOSED GFE=934.3' PROPOSED WOE=943.6' EXISTING GFE=933.8 EXISTING WOE=942.9 21 ' - 3 1 / 2 " 19 ' - 4 " 6" 1' - 5 1 / 2 " EXISTING STRUCTURE PROFILE IN MAGENTA EXISTING WOOD DECK/BRIDGE 12 10 EXISTING STRUCTURE PROFILE IN MAGENTA CRUSHED ROCK BACKFILL TO ALLOW FOR PROPER DRAINAGE SLOPE 1/4"/FT 9' - 4 " 8' - 4 1 / 4 " 1' - 7 3 / 4 " HO L L A N D C O V E 13 9 5 O R O N O L A N E OR O N O , M N 5 5 3 9 1 Copyright ©2021 JALIN Design CITY REVIEW 02-22-21 CONCEPT SITE REVIEW 01-06-21 CONCEPT REVIEW 02-12-21 CONCEPT REVIEW 02-16-21 WATER RESOURCE PERMIT SUBMISSION 03-05-21 ISSUES/REVISIONS DATE STRUCTURAL REVIEW 03-12-21 CITY VARIANCE SUBMISSION 03-17-21 A1.43 EXISTING GUEST HOUSE STRUCTURE PHOTO - NORTH-EAST SCALE: 1/4" = 1'-0" 1 A1.43 PHOTO - NORTH SCALE: 1/4" = 1'-0" 2 A1.43 PHOTO - NORTH-WEST SCALE: 1/4" = 1'-0" 3 A1.43 PHOTO - SOUTH-EAST SCALE: 1/4" = 1'-0" 4 A1.43 PHOTO - EAST CLOSE UP SCALE: 1/4" = 1'-0" 5 A1.43 PHOTO - SOUTH SCALE: 1/4" = 1'-0" 6 A1.43 HO L L A N D C O V E 13 9 5 O R O N O L A N E OR O N O , M N 5 5 3 9 1 Copyright ©2021 JALIN Design CITY REVIEW 02-22-21 CONCEPT SITE REVIEW 01-06-21 CONCEPT REVIEW 02-12-21 CONCEPT REVIEW 02-16-21 WATER RESOURCE PERMIT SUBMISSION 03-05-21 ISSUES/REVISIONS DATE STRUCTURAL REVIEW 03-12-21 CITY VARIANCE SUBMISSION 03-17-21 MINUTES OF THE ORONO PLANNING COMMISSION Monday, April 19, 2021 6:00 o’clock p.m. _____________________________________________________________________________________ 3. LA21-000026 JALIN DESIGN, LLC, 1395 ORONO LANE, VARIANCES Jalin Design, on behalf of the applicant, was present. Barnhart noted he is getting text messages about the audio noise but cannot really do much; he can hear it himself and it is frustrating. On behalf of the property owner, the applicant is requesting approval of variances for two separate, non- conforming accessory buildings in order to reconstruct them with minor changes. The first project is the carriage house near the street and the other is a proposed boathouse near the lake. The boathouse is requesting side yard, lake, and ALS variances in order to expand the volume envelope of the existing building to meet flood plain regulations. Essentially they are taking the same footprint and structure size and moving it back into the property and away from the side yard setback to address a flood plain issue. It still needs a variance because it is occupying spaces not originally occupied by the structure. The corners of the new building’s flat roof will expand outward from the sloped portions of the existing roof. The boathouse will be slightly higher at the edge of the building where the flat roof corners expand upward and the overall height of the boathouse will be reduced about 3 feet from the peak of the existing boathouse. The carriage house near the street is currently setback from the side property line 1 foot so it is non-conforming structure and is considered a guesthouse and has received a CUP for a guesthouse. The applicant is proposing to raise the roof inside the first floor to allow more current garage ceiling dimensions. To accomplish this, the applicant is proposing a minor roof and side wall change resulting in the new envelope expansion slightly above the existing roof on the street side and beyond the pitch of the roof on the lake side requiring the rear and side yard variances. The carriage house is proposed to be reconstructed on the same footprint, which is one foot from the side lot line and the roof within the rear and side yard is approximately 1.6 feet taller than the existing roof with an overall peak height reduction of 1 foot 5.5 inches. In other words, portions of it are getting taller but portions of it are getting shorter. The applicant has identified the location of existing buildings, their setbacks and sizes, and the internal dimensions of the structures 100-year flood plain low-floor requirements, as well as the need to increase the garage door and ceiling height as practical difficulties supporting the variances. Staff recommends approval citing those practical difficulties. Jeff Lindgren, Jalin Design, 651 408th Trail, Brooklyn Park, stated they have provided a fairly comprehensive report of what they are trying to accomplish. They are working to find a new plan for the site that is good for the home owners, the City, and the neighbors. This is part of a bigger journey as they are doing a lot of improvements to the site. These two buildings need to be done first and in talking to the City over time this is the way it has been decided to move forward. Kirchner appreciates the drawings submitted as it makes it very clear to understand the changes being proposed. Libby asked regarding the boathouse, it is a physically larger footprint than the previous. Mr. Lindgren noted it is the same footprint as what is there now, with respect to a couple of architectural details they are adding which are considered wing walls on the bottom left corner and the mid-right upper MINUTES OF THE ORONO PLANNING COMMISSION Monday, April 19, 2021 6:00 o’clock p.m. _____________________________________________________________________________________ corner. Those are outside of the envelope and are not for living space but are architectural elements on the outside of the boathouse. In some sense they are reducing the footprint; he noted overhangs on the structure are being reduced by changing to a flat roof structure. Libby asked if they are increasing the volume of the square footage. Mr. Lindgren replied they are increasing the volume, but not the footprint. The volume is per the code; the current structure has a low heel height above the wall and nowadays cannot be obtained with the energy code. What they are trying to do is lower the high point and raise up the low point in the situation to get more energy efficiencies above the wall line around the perimeter. That is where they are changing the volume. Chair Kirchner opened the public hearing at 6:43 p.m. Chair Kirchner closed the public hearing at 6:43 p.m. McCutcheon does not have a problem with this entire plan. Kirchner asked if he is okay with the carriage house. McCutcheon replied yes, even though it is a foot from the property line – that is what it was before. Kirchner tends to agree, it is really a replica of the footprint that was there before and he thinks they are improving by shifting the boathouse back 9 feet and over. Barnhart clarified Staff recommends approval subject to the two conditions in the memo. The boathouse should not have any hardcover landing because of the hardcover concerns, and the property owner shall sign the standard plumbing covenant regarding plumbing within the boathouse. There is already a CUP for the carriage house. Gettman moved, McCutcheon seconded, to approve LA21-000026, 1395 Orono Lane, Variances with the conditions listed in the Staff memo. VOTE: Ayes 5, Nays 1 (Libby). Date Application Received: 03/17/2021 Date Application Considered as Complete: 03/30/2021 60-Day Review Period Expires: 05/29/2021 To: Chair Kirchner and Planning Commission Members Adam Edwards, City Administrator From: Melanie Curtis, Planner mcc Date: 19 April 2021 Subject: #LA21-000026, JALIN Design LLC o/b/o Tim Holland, 1395 Orono Lane, Variances Public Hearing Background On behalf of the property owner, the applicant is requesting approval of variances for two separate nonconforming accessory buildings in order to reconstruct them with minor changes. The applicants prepared the plans with the goals of minimizing encroachments into required setbacks, and maintain the footprints “in-kind” as much as practical. For the boathouse: the applicant has requested side yard, lake, and average lakeshore setback variances in order to expand the envelope of an existing accessory building as part of an in-kind replacement in order to meet floodplain regulations. This results in the corners of the new flat roof expanding outwards from the sloped portions of the existing roof with the building in a new location ±9 feet further from the lake and ±2 feet further from the side lot line. For the carriage house: The carriage house is located in the northwest corner of the site. The applicant is proposing to raise the roof inside the first floor to allow for more current garage ceiling dimensions. To accomplish this the applicant is proposing a minor roof and side wall change, resulting in a new envelope expansion slightly above the existing roof on the street side, and beyond the pitch of the roof on the lake side requiring rear and side yard variances. Both of the buildings have existing plumbing, and there is an existing guest house CUP in place for the carriage house (which also includes a variance for the substandard lot size). Application Summary: The applicant is requesting variances in order to rebuild two nonconforming accessory buildings with minor changes. Staff Recommendation: Planning Department Staff recommends approval as noted on page 6. FILE # LA21-000026 19 April 2021 Page 2 of 6 The projects are part of a comprehensive redevelopment project for the property which will also involve construction of a new, conforming home. The proposed expansions of the nonconforming buildings are minimal. Practical Difficulties Analysis Applicant Submittal Information: The applicant has identified the location of the existing buildings, their setbacks and sizes, as well as the internal dimensions: 100-year floodplain low floor requirement, and the need to increase the garage door and ceiling height, as practical difficulties supporting the requested variance(s). Additionally, they have provided supporting documentation regarding Practical Difficulties attached as Exhibit B, and should be asked for additional testimony regarding the application. Planning Staff Practical Difficulty Analysis: Regarding practical difficulty, Staff finds the applicant’s request for a variance for the boathouse to allow the minimum building adjustment necessary to conform to the floodplain and shoreland low floor elevations is reasonable. The variances for both buildings are supported by the practical difficulties resulting from the existing building locations on the property, as well as the existing elevations of the floor and ceiling. LOT ANALYSIS WORKSHEET Section 78-305 & 78-1279 – Setbacks: LR-1A Required Existing Proposed Rear / Street Carriage House = 50’ Carriage House = 3’ Carriage House = 3’ West Side Boathouse = 15’ Carriage House = 15’ Boathouse = 2.5’ Carriage House = 1’ Boathouse = 5’ Carriage House = 1’ East Side Boathouse = 15’ Carriage House = 15’ Boathouse = +100’ Carriage House = +100’ Boathouse = +100’ Carriage House = +100’ Lakeshore Boathouse = 75’ Boathouse = 15’ Boathouse = 24’ Average Lakeshore The boathouse is entirely lakeward of the average lakeshore setback line. The applicant is proposing to improve the setback by ±4 feet. Section 78-305 – Lot Area/Width: LR-1A Lot Area Lot Width Required 87,120 s.f. (2.0 acres) 200’ Actual 40,206 s.f. (0.9 acre) 158’ @ 75’ / 150’ @ OHWL Section 78-1403 – Structural Building Coverage: Total Lot Area Total Structural Coverage 40,206 s.f. (0.9 acre) Allowed: 8,041 s.f. (20%) Existing: 4,915 s.f. (12%) Proposed: 4,915 s.f. (12%) Section 78-1680 and 78-1700 – Hardcover Calculations: Stormwater Overlay District Tier Total Area in Zone Allowed Hardcover Existing Hardcover Proposed Hardcover Tier 1 40,206 s.f. 10,051 s.f. (25 %) 5,963 s.f. (14.8%) ±786 s.f. w/in 75’ 5,615 s.f. (13.9%) ±786 s.f. w/in 75’ FILE # LA21-000026 19 April 2021 Page 3 of 6 Carriage House Boathouse Applicable Regulations: Lake Setback and Average Lake Setback Variances (Section 78-1279) The existing boathouse on the property is located in the 100-year floodplain. The applicant is proposing to rebuild it with a similar size footprint and a lowered, flat roof design 9 feet further from the lake. The boathouse will be reconstructed with an aesthetic more consistent with the future new home (currently in the design phase). The variances are supported by the practical difficulties resulting from the existing building location on the property, the floodplain, and the existing elevations of the floor and ceiling. The proposed increases in volume is offset with the boathouse in particular by the lowering/flattening of the roof, and minimally visible to the neighbors. See page 4 of the attached Exhibit E for photos of the existing boathouse, including a view from the living room at 1397 Orono Ln. The expansion of the building will not impact neighboring properties. Side Yard and Rear Yard Setback Variances (Section 78-305) The changes proposed are illustrated in the survey and building plans, attached as Exhibit C and E, respectively. The buildings are currently nonconforming with respect to side setback. The expansions within the setback are minimal. Boat House The applicants propose to increase the side yard setback 2.5 feet, to 5 feet. The boathouse will be approximately 2’ 2” higher at the edge of the building with the flat roof corners expanding upward, and the overall height being reduced 2’ 9½” lower than the existing boathouse peak (reference pages 2 and 3 of Exhibit E to see the expansions and reductions in detail). Carriage House The carriage house is proposed to be reconstructed on the same footprint 1 foot from the side lot line. The carriage house roof within the rear and side yard is approximately 1.6 feet taller than the existing roof with an overall peak height reduction of 1’ 5½” (reference pages 6 and 7 of Exhibit E to see the expansions and reductions for the carriage house in detail). The proposed improvements are in blue, existing is in purple. FILE # LA21-000026 19 April 2021 Page 4 of 6 Governing Regulation: Variance (Section 78-123) In reviewing applications for variance, the Planning Commission shall consider the effect of the proposed variance upon the health, safety and welfare of the community, existing and anticipated traffic conditions, light and air, danger of fire, risk to the public safety, and the effect on values of property in the surrounding area. The Planning Commission shall consider recommending approval for variances from the literal provisions of the Zoning Code in instances where their strict enforcement would cause practical difficulties because of circumstances unique to the individual property under consideration, and shall recommend approval only when it is demonstrated that such actions will be in keeping with the spirit and intent of the Orono Zoning Code. Economic considerations alone do not constitute practical difficulties. Practical difficulties also include but are not limited to inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth-sheltered construction as defined in Minn. Stat. §216C.06, subd. 14, when in harmony with this chapter. The board or the council may not permit as a variance any use that is not permitted under this chapter for property in the zone where the affected person's land is located. The board or council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling. According to MN §462.357 Subd. 6(2) variances shall only be permitted when: 1. The variance is in harmony with the general intent and purpose of the Ordinance. The variance supports the minimal expansion of a non-conforming structure within in the lake yard and average lakeshore setback. Lake yard construction prohibitions are intended to maintain the natural lakeshore and encourage development away from the lake. Alternatively, the goals of average lakeshore setback include protecting views from land into the lake, the requested variances to increase the height of the existing boathouse the minimum amount necessary to meet the ceiling height and floodplain regulations is in harmony with the Ordinance. The most adjacent neighbors are situated so that their lake views will not be impacted by the changes to the existing boathouse. The minimal additional mass of the flat roof areas within the setbacks will not be closer to the lake than existing and will not negatively impact the views into the property from the lake. Additionally, the minimal expansions proposed to the nonconforming carriage house building will not adversely impact the adjacent property, nor will they result in a significant massing increase within the required rear and side yard setback areas. The requested variances to increase the height of the existing carriage house garage ceiling while maintaining a livable height in the upper level are the minimum amount necessary to meet the ceiling height needs. This criterion is met. 2. The variance is consistent with the comprehensive plan. The variances resulting in reconstruction of the existing buildings (without footprint expansions) within the setbacks in a residential zone are consistent with the Comprehensive Plan. The variance to permit the minimal upward volume expansions is solely to upgrade the functionality of the carriage house, as well as allow the boathouse to conform to the floodplain regulations. This criterion is met. 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 minor upward expansions of the buildings within the setbacks appear to be reasonable; the flat roof design of the boathouse minimizes any potential negative impacts; the mature vegetation, and location of neighboring homes separate the buildings from the adjacent neighbors. This criterion is met. b. There are circumstances unique to the property not created by the landowner; The applicant proposes to reconstruct two nonconforming buildings to improve FILE # LA21-000026 19 April 2021 Page 5 of 6 functionality for the owners. The buildings were not constructed by the current owners and are in need of replacing due to their age and deferred maintenance; and c. The variance will not alter the essential character of the locality. The requested variances will not result in the property being out of character with the neighborhood; will not expand the footprint of the buildings; or result in additional encroachment into the setbacks toward the lake. The new encroachments will not alter the character of the locality. This criterion is met. Additionally City Code 78-123 provides additional parameters within which a variance may be granted as follows: 4. Economic considerations alone do not constitute practical difficulties. Economic considerations have not been a factor in the variance approval determination. 5. Practical difficulties also include but are not limited to inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth-sheltered construction as defined in Minn. Stat. § 216C.06, subd. 17, 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 accessory buildings are an allowed use in the LR- 1A District. 7. The board or council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling. This condition is not applicable. 8. The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property. The proximity of the existing buildings within the setbacks is an existing condition which is unique to the property. 9. The conditions do not apply generally to other land or structures in the district in which the land is located. The location and existence of the nonconforming accessory buildings is an existing condition unique to a small number of properties in the City, but could be applied to all other lakeshore properties with detached garages, lake yard accessory buildings and boathouses. 10. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. Substantial property right is provided by the principal structure. The nonconforming buildings are allowed to be maintained and replaced in kind. Expansion of an existing non-conforming structure is not a right, however the buildings will be expanded in order meet modern garage functionality, and floodplain minimum low floor regulations. 11. The granting of the proposed variance will not in any way impair health, safety, comfort or morals, or in any other respect be contrary to the intent of this chapter. Granting the requested variances will not adversely impact health, safety, comfort, or morals; The Commission should determine whether the modest expansion negates to goals of the code in relation to views into, and out of the property. 12. The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty. The applicant asserts that the variances are necessary to modestly increase functionality, and for safety and regulatory compliance, and will not merely serve as a convenience to the owners. The Commission may recommend or Council may impose conditions in granting of variances. Any conditions imposed must be directly related to and must bear a rough proportionality to the impact created by the variance. No variance shall be granted or changed beyond the use permitted in this chapter in the district where such land is located. FILE # LA21-000026 19 April 2021 Page 6 of 6 Public Comments To date, no public comments have been received. Issues for Consideration 1. Does the Planning Commission find that that the property owner proposes to use the property in a reasonable manner which is not permitted by an official control? 2. Does the Planning Commission find that the variance(s), if granted, will not alter the essential character of the neighborhood? 3. Does the Commission find it necessary to impose conditions in order to mitigate the impacts created by the granting of the requested variance(s)? 4. Are there any other issues or concerns with this application? Planning Staff Recommendation Planning Staff recommends approval of the variances allowing the minor upward building expansions subject to the following conditions: 1) The boathouse shall not have hardcover landings. 2) The property owner shall sign the standard plumbing covenant regarding the plumbing within the boathouse. List of Exhibits Exhibit A. Application & Owners’ Narrative Exhibit B. Practical Difficulties Documentation Exhibit C. Existing & Proposed Survey/Site Plan Exhibit D. Submitted Hardcover Calculations Exhibit E. Proposed Plans and Elevations Exhibit F. MCWD Email Exhibit G. Resol. No. 2444 Exhibit H. Aerial Photo Exhibit I. Property Owners List Exhibit J. Plat Map AGENDA ITEM Prepared By: J. Barnhart Reviewed By: A.Carlson Approved By: 1. Purpose. To provide non-binding feedback on a proposed sketch plan, adjusting the conditions of a previously approved plat. 2. Background. In November, 2018, the City Council approved the plat of Pence Lane Addition, a plat establishing Lots 1 (2709 Walters Port, Dunkley), and 2 (2710 Pence, Vogstrom) and an outlot. This approval was via Resolution 6918, which included certain conditions related to access: Condition 4) Access to Lot 1 will be via Walters Port only, and Condition 6) Vehicular access to Pence Lane from Lot 1 is expressly prohibited. The applicants wish to remove these conditions. Pence Lane was a public road, but was vacated in May, 1994. Pence Lane is currently a 16 foot wide paved surface within a 30 foot wide parcel, with no cul de sac. Pence Lane serves three lots: 2701 Pence (Randall); 2715 Pence (Hueler); and 2710 Pence (Vogstrom). City Code permits up to two lots to be served by a private driveway, more than 2 requires a private road standard. At the time of platting Pence Lane Addition, there were no plans to improve Pence Lane to a private road standard, and the conditions were intended to acknowledge and reinforce the code requirements. The applicants now propose improving Pence Lane to a private road standard, which include addition of a cul de sac, and pavement width of 24 feet. If these improvements are made, removal of the conditions could be supported. Note that due to the width of the Pence Lane parcel, a variance would be required. Also, an existing entrance gate feature will need to be relocated or otherwise removed. With the proposal, both lots remain conforming to hardcover and structural coverage. The attached staff report to the Planning Commission provides additional analysis. 3. Planning Commission Vote and Comment. On April 19th, the Planning Commission reviewed the proposal. Their comments included concern with the parallel driveways. Commissioners suggested the neighbors work together toward an easement where all may share the driveway. 4. Public Comment. Comments from the neighbors were received and are attached as Exhibit E. Also, the applicant objects to any requirement to improve the existing Pence Lane, arguing that Pence lane is already a private road. Their letter is attached as Exhibit F. COUNCIL ACTION REQUESTED City Council should provide comment. Exhibits A. Proposed Plat layout B. PC Staff report C. PC Minutes – Draft D. Resolution 6918 Item No.: 17 Date: May 10, 2021 Item Description: LA21-000025 – Eric Vogstrom o/b/o Eric Vogstrom, William, and Susan Dunkley 2709 Walters Port and 2710 Pence Lane, Sketch Plan review Presenter: Jeremy Barnhart, AICP Community Development Director Agenda Section: Planning Department Report AGENDA ITEM Prepared By: J. Barnhart Reviewed By: A.Carlson Approved By: E. Neighbor Comment F. Dunkley Attorney letter References Zoning File LA18-000092 PC Exhibits 4/19/21 Council Exhibit A LA21-25 To: Chair Kirchner and Planning Commission Members Adam Edwards, City Administrator From: Jeremy Barnhart, AICP, Community Development Director Date: April 19, 2021 Subject: #LA21-25, Eric Vogstrom o/b/o Eric Vogstrom and William and Susan Dunkley 2709 Walters Port and 2710 Pence Lane, Sketch Plan review Background The sketch plan is a voluntary 1st step in a platting/ subdivision process and gives the applicant an opportunity to hear initial comments prior to formal application. This sketch plan is to review possible changes to a previously approved resolution that approved a final plat. This project is not a subdivision (it does not create any new lots), but rather an amendment to the Final Plat Resolution, and the process to amend these conditions follows the same process that applied them: Preliminary and Final Plat. In November 2018, the City Council approved Resolution 6918 (attached, Exhibit D), which created Pence Lane Addition, which platted the two parcels and an outlot, Outlot A. Included in the conditions of approval were the following statements: 4) Access to Lot 1 (2709 Walters Port) will be via Walters Port Lane only. 6) Vehicular access to Pence Lane from Lot 1 is expressly prohibited. The conditions were added to prevent 2709 Walters Port from connecting to Pence, creating a 3rd lot with connection to Pence, a private driveway. City Code allows for up to 2 lots to connect to a private driveway; 3 or more requires the conversion of the driveway to at least a private road standard. The applicants now propose a new plat and improvements to Pence Lane, including the establishment of a cul de sac conforming to city standards. If Pence Lane is improved to a private road standard, the connection to Walters Port is permissible, however, the conditions of the Plat must be formally removed. The attached Exhibit B illustrates the proposed changes to the boundary lines, including cul de Application Summary: The applicant is requesting non-binding feedback on a proposal to amend the conditions imposed on the original final plat for the subject parcels, resulting in a replast of the two buildable lots and the outlot. Staff Recommendation: Planning Department Staff requests direction on the proposed changes to the Final Plat conditions. Council Exhibit B LA21-25 FILE #LA21-25 April 19, 2021 Page 2 of 3 sac and driveways. LOT ANALYSIS WORKSHEET The proposed changes to the boundary lines do not impact any setbacks for the principal or accessory structures. Impacts to the hardcover calculations are summarized below. Section 78-330 – Lot Area/Width: DISTRICT LR-1B Lot Area Lot Width Required 43,560 s.f. (1.0 acres) 140’ Lot 1 (2709 Walters Port) Actual 117,610 s.f. (2.7 acres) ±231’ @ 75’ / ±411’@ OHWL Lot 2 (2710 Pence) Actual 75,800 s.f. (1.74 acres) ±160’ @ 75’ / ±150’ @ OHWL Section 78-1403 – Structural Building Coverage: Total Lot Area – Lot 1 Total Structural Coverage 117,610 s.f. (2.7 acre) Allowed: 23,5422 s.f. (20%) Proposed: 10,704 s.f. (9%) Total Lot Area – Lot 2 Total Structural Coverage 75,800 s.f. (1.74 acre) Allowed: 15,160 s.f. (20%) Proposed: 3640 s.f. (4.8%) Section 78-1680 and 78-1700 – Hardcover Calculations: Stormwater Overlay District Tier (Tier 1) Total Area Allowed Hardcover Existing Hardcover Proposed Hardcover Lot 1 117,610 s.f. 29,402.5 s.f. (25%) 22,471 s.f. (22.14%) 27,571 s.f. (23.44%) Lot 2 75,800 s.f. 18,950 s.f (25%) 17,741 s.f. (24.95%) 17,741 s.f. (23.4%) FILE #LA21-25 April 19, 2021 Page 3 of 3 Analysis. Hard Cover impact. Outlot A was reduced in size, and the resulting remnants were added to lots 1 and 2. Though additional hardcover was added to lot 1 (for the driveway), the hardcover calculations for both lots remain conforming. Private Road standards. The standard for a private road include a minimum amount of paved surface width, and right of way width, for both the drive and the cul de sac: Required Proposed Right of Way Pavement Right of Way Pavement Private Road 50 feet 24 feet 30 feet* 24 feet Cul de sac 50' radius 45' radius 50' radius 45' radius *The existing portion of Pence Lane is a remnant of an early plat, and is only 30 feet wide. The standard width required by Ordinance cannot be met without a variance or acquisition of adjacent private property. Driveway Setback. Section 78-1405 requires a five foot setback for driveways. It is not immediately clear that the five foot setback can be met for both driveways, however this can be clarified in future drawings. A portion of the driveway may impact the wetland buffer, Watershed district approval will be necessary. Access to Pence. Staff has requested evidence that supports Lot 1’s rights to access Pence Lane, a private road. The have submitted a court order, which the City Attorney is reviewing. Public Comments To date, no public comments have been received for this sketch plan. Issues for Consideration 1. Are there any issues or concerns with this application? Planning Staff Recommendation Planning Staff supports the reconfiguration of the lots, pending resolution of the Pence Lane Right-of-Way width issue. List of Exhibits Exhibit A. Application Exhibit B. Proposed layout Exhibit C. Hard Cover worksheets Exhibit D. Resolution 6918 MINUTES OF THE ORONO PLANNING COMMISSION Monday, April 19, 2021 6:00 o’clock p.m. _____________________________________________________________________________________ Page 1 of 4 6. LA21-000025 DUNKLEY – VOGSTROM, 2709 WALTERS PORT ROAD, SKETCH PLAN Sue Dunkley and Eric Vogstrom, applicants, were present. Barnhart said the applicant is requesting sketch plan feedback on a proposal to re-plat the property including adjusting the boundary lines for all three lots (2709 Walters Port Road, 2710 Pence, and outlot A). When this property was platted a couple years ago there were some conditions on the final plat resolution that prohibited access from lot 1 to Pence. At the time, Staff and Council wanted to prevent access from Lot 1 to Pence for the main reason that Pence Lane was not constructed to a private road standard – right now it is a private driveway. In the City code a private driveway can serve up to two properties while a private road can serve 3-6 depending on the width of the pavement or up to 10 units if the pavement is wider. There is also a cul-de-sac or turnaround requirement and construction feedback. At the time there were no plans to improve Pence to a private road so the condition was put into the resolution. What the applicants propose now is to re-plat the property, provide the necessary cul-de-sac for Pence Lane, and make Pence Lane a private road. Barnhart said they are interested in hearing any feedback the Commissioners have on that scenario. One main issue from Staff perspective is whether lot 1 has rights access to this portion of Pence Lane. The applicant has provided material that suggests they do have rights to that and the City Attorney is verifying that and will have an answer before filing for a preliminary final plat. The other issue identified is that Pence Lane is a 30 foot wide outlot and is required to be 50 feet wide from City code, therefore it is likely that some variance would be necessary to improve Pence Lane within the existing right-of-way. The challenge is they cannot acquire additional right-of-way because it is constructed on either side. Barnhart noted a comment letter received from a neighboring property owner which was provided to the Commission. They are objecting to the change for a number of reasons outlined in the letter and would be incorporated into a formal public comment period in terms of the preliminary plat. Because there is likely no public improvements necessary before the final plat, Staff anticipates the preliminary and final plat occurring at the same time. He noted they are not subdividing any property, but removing the condition imposed on the original subdivision and there is a distinction there. They are looking for some feedback for the applicant. Kirchner wants to fully understand the purpose served by re-platting. Barnhart said re-platting is a clean depiction of what the lot is, what the boundary lines are, and a lay person can identify the boundaries of lot 1 and lot 2 versus having to go out in to the field and survey and find those corners. From a future easement standpoint and any legal document needed, instead of paragraphs of dimensions, distances, minutes, and seconds becomes lot 1, block 1, Pence Lane, second addition. It is a very clean, distinct depiction of what they are working with. From a planning perspective it is much easier to communicate with future property owners what the boundaries and legal description are. Barnhart said the two conditions imposed that approved the final plat were: 1) access to lot 1 will be via Walters Port Lane only, and 2) vehicular access to Pence Lane from Lot 1 is expressly prohibited. Mark Gronberg, Gronberg and Associates, noted they are trying to clean up some things and Dunkley’s have always wanted their driveway to come through Pence Lane because Walters Port is somewhat narrow and crowded; it just makes a better situation and they are willing to put in a cul-de-sac. He noted there is 150 foot stretch of Pence Lane that is 30 foot right-of-way as Barnhart mentioned and is about a 16 foot blacktop now. There are some nice trees, neighbors’ fences and it could be widened a bit within Council Exhibit C LA21-25 MINUTES OF THE ORONO PLANNING COMMISSION Monday, April 19, 2021 6:00 o’clock p.m. _____________________________________________________________________________________ Page 2 of 4 that 30 foot but for that short of a stretch they do not know if it is really necessary because of the cul -de- sac and they would like feedback on that. They would have to take down some trees but could get 20 feet wide as fire departments like, or even 24 feet would leave 3 feet on each side. Mr. Gronberg noted Walters Port is so narrow right now that it makes more sense to have these two lots have their own private driveways from the cul-de-sac. Kirchner asked if the existing driveway to lot 1 is intended, too. Mr. Gronberg replied yes, the existing driveway would remain and there is still a house to the north of Lot 1 that uses part of that. He pointed out on screen some shared driveways in there and that would still stay. Sue Dunkley, 2709 Walters Port Road, said when they bought this property back in 2018 the neighbor who is having the issues was not even there yet. Pence Lane, Kelly Avenue that they are talking about was at one point a public road and in 1985 it was given back to those neighbors because there isn’t much traffic on it. Walters Port, which they come in on now, is also a private road and it is grandfathered in. She said they had the fire in October of 2019 and it was pretty clear what really needs to happen in this whole area – they purchased four acres so they could come in the driveway they own and all of that land that has been in question from the neighbors that came later. They come in 600 feet on their land and all of this has been trying to get them not to come in the land that they purchased and pay taxes on. She knows the Commissioners have a letter she has not seen and that is not surprising, but the whole idea is when they bought the land, the purpose was to come in on the land they bought, that gated area. Ms. Dunkley said they have worked really hard trying to make it incredibly safe for everyone and after the fire, they are at the dead end right now, if there is a UPS truck, a moving truck, a fire truck, there was nowhere to turn around and she stated they have solved all of those issues. They would like to be able to have those neighbors – not everyone in the world – be able to go out and around again. When one comes down Walters Port the only surface to do anything with is their driveway so they are really trying to improve this whole neighborhood. Ms. Dunkley said when they purchased the land it had washers and dryers and mattresses and they are trying to make it a beautiful park-like area. They own it and they really want to be able to come in and look at the land they bought; they do not want to be restricted by someone that bought a back lot and thinks that they should not come in on their land. If one wants control and privacy maybe they do not buy a lot that comes in 600 feet on someone else’s property. She noted they have finally come up with a plan that makes sense to everybody. What they have done is taken a map that was really a mess due to some new neighbors that moved in and make them jump through all these hoops. She hopes after four years that they really can look at this reasonably and say what is best for the area, the five homeowners on Walters Port and what really works. There is the same amount of traffic in those areas as always and those two driveways will be close to the same width. She hopes to work with the Commissioners and everyone to make it a safe area. Mr. Gronberg said with the plan they have fire and police can come in Pence Lane and go out Walters Port and vice-versa. Eric Vogstrom, 2710 Pence Lane, wants to be sure the Commission understands the big picture. Coming in on Pence Lane right now is himself and the Randall’s; right now that road is 16 feet wide and has three people coming in on it. He said now they are asking for a fourth person. Kirchner opened discussion and noted this is just feedback without a motion. He said the letter before the Commissioners talks about the redundancy of the driveway paralleling the existing driveway. When he first looked at the picture prior to reading the letter that was his concern. He does not know how it works MINUTES OF THE ORONO PLANNING COMMISSION Monday, April 19, 2021 6:00 o’clock p.m. _____________________________________________________________________________________ Page 3 of 4 with a private road versus a private driveway and Barnhart could assist on that. Kirchner would prefer to see the existing driveway on the east side. If the second driveway to the west of that was not added and instead, where the 45-degree angle is on lot 2 and it starts to open up wider, he would like to see that secondary driveway branch off right there. He understands there is a covenant that they cannot cross two to one. Barnhart said from a new plat standpoint there are certain things they have say in and certain things they do not. There is a shared driveway agreement for lot 2 and a lot that is not part of the project, so there are certainly constraints within that of who can access or share that driveway. If three lots shared this and it branched off, it would have to be a private road and they do not have the width for that, nor is that what is proposed. There are setbacks and he hears the concern with the redundant or parallel driveways; however if they meet the setbacks there is not much he can do about it. They think they can meet the five foot setback from the driveway perspective but they just need to see it on the drawing. Primarily they are focused on if the Commission is comfortable with Pence Lane terminating in this cul-de-sac, are they comfortable with the likely necessary variance from the right-of-way width from the existing Pence. The Dunkley’s brought up the connection between Pence and Walters Port for fire and emergency vehicles which raises another level of comment and concern because they have private road standards including vertical and horizontal curves and things like that for those vehicles which they do not have for private driveways. He would be cautious about promoting that as an emergency access; knowing the history of the site, there are some challenging horizontal curves and elevation changes that might be difficult to address. They would want to look at that before they say it is an access. Mr. Gronberg mentioned the right-of-way pavement issue he would like some comment on; from Staff’s perspective the standard is 24 feet and they should keep it at 24 feet to make it a true private road. Again, they are here to listen to the Commissioner’s comments. The lots meet the standards in terms of area and width, both have the improvements from a hardcover standpoint so there is no issue there. Primarily, the main question is what the Commissioner’s thoughts are on Pence, because if Pence is a private road, they can remove those conditions. Kirchner said there are covenants that do not allow crossing from lot 2 to lot 1, so adding that drive off Pence to lot 1 then connects with Walters Point; he asked isn’t that a similar thing? Barnhart thinks that will be less of an issue because now they will have their own access to Pence. Kirchner asked if the traffic on Walters then crosses onto that private drive. Barnhart said that is a fair point but he thinks the issue raised earlier is because there was no driveway and there was a concern that it would be a big loop. Now there is another driveway so that is less of a concern. Erickson spoke about pavement width. Kirchner would like to see the neighbors work together to have easements for lot 1 to access the driveway that is on lot 2. McCutcheon would like the neighbors to get together and come up with a solution and it does seem like they have been trying. If they somehow accomplished the horseshoe, would the City still want the cul-de- sac there? MINUTES OF THE ORONO PLANNING COMMISSION Monday, April 19, 2021 6:00 o’clock p.m. _____________________________________________________________________________________ Page 4 of 4 Barnhart said no, this is not an easy one, not only how the road is oriented and how to connect, but how do they accommodate hardcover and avoid creating non-conforming situations. He thinks the Commissioner’s feedback is helpful and they may see something similar to this because it has to meet the ordinance. Perhaps a PUD is an option but this is not a subdivision, just a plat, and he cannot require them to go through the subdivision process. Kirchner thinks the Commission has given feedback on the item. 8ZLOAtp CITY OF ORONO RESOLUTION OF THE CITY COUNCIL s NO. 6918 gkESHo1 c A RESOLUTION APPROVING THE PLAT OF PENCE LANE ADDITION FILE NO. LA18-000092 WHEREAS, the City of Orono (hereinafter the "City") is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, the City Council of the City of Orono (hereinafter "City Council") has adopted subdivision and land development regulations for the orderly, economic and safe development of land within the City; and WHEREAS, William M. Dunkley and Susan K. Dunkley (a married couple), are the owners of the property addressed 2709 Walters Port Lane (hereinafter the "Owners"); and WHEREAS on October 26, 2018, the Owners applied for Final Plat approval to subdivide the property into two buildable lots and an outlot for the property legally described as: Lot 1, Block 1, Carman Bay Heights; and Lot 4, Block 3, Walters-Port, Hennepin County(hereinafter the "Property"); WHEREAS, at its regular meeting on October 8, 2018, the Orono City Council granted approval for the Preliminary Plat per the findings and conditions of Resolution No. 6907; and WHEREAS, on November 19, 2018, the Final Plat application was deemed complete; and WHEREAS, the Owners have agreed to comply with all conditions of Resolution No. 6907 and has completed or has agreed to complete all other requirements of the platting regulations of the City. NOW, THEREFORE, BE IT RESOLVED, based upon the findings of Resolution No. 6907, the Orono City Council and the City of Orono does hereby approve the plat of PENCE LANE ADDITION, Hennepin County, Minnesota (a copy of which is attached as Exhibit A), subject to the following conditions: 1) Development within PENCE LANE ADDITION is subject to the Conclusions, Orders and Conditions enumerated within Preliminary Plat Resolution No 6907. Council Exhibit D LA21-25 p CITY OF ORONO RESOLUTION OF THE CITY COUNCIL ti G No. 6 9 1 KfSH 2) Dedication on the plat of the perimeter Drainage and Utility Easements as required in Resolution 6907. 3) Plans and Specifications. Development within PENCE LANE ADDITION is subject to the City approved plans and specifications: a) Final grading, stormwater, drainage and erosion control plan, dated 11/16/18. b) Final stormwater pollution prevention plan (SWPPP), dated 11/16/18. 4) Access to Lot 1 will be via Walters Port Lane only. 5) Access to Lot 2 will be via the private driveway (Pence Lane) that connects to Kelly Avenue. This access is shared with 2715 Pence Lane. 6) Vehicular access to Pence Lane from Lot 1 is expressly prohibited. 7) The common Pence Lane driveway shared by Lot 2 and 2715 Pence Lane shall be maintained to provide an acceptable driving surface at all times. 8) A covenant to outline responsibility for all future maintenance activities related to the stormwater facilities shall be recorded. 9) A title opinion for the Property and certified copies of all recorded easements currently affecting the Property shall be submitted. 10)A Letter of Credit and escrow to ensure that all site improvements are installed and maintained to the City's specifications and satisfaction, shall be submitted. 11)Payment of Development Fees. Total due: $16,550.00 a. Final plat fee: $500.00. b. Park Dedication Fee: $5,550. c. Stormwater and Drainage Trunk Fee: $10,500.00. 12)Financial Guarantee. The Owners shall submit a final plat review escrow in the amount of 2,500.00 with the final plat application. Additionally, the Owners shall provide a financial guarantee to ensure the completion of site improvements. The City Engineer shall complete an estimate of improvement costs, including but not limited to storm sewers, landscaping, grading, erosion control, utilities, 2 p CITY OF ORONO RESOLUTION OF THE CITY COUNCIL y G`' rro. 6 9 1 4 6SH0 driveways and stormwater management facility construction, and the applicant shall provide to the City a financial guarantee of 150% of the improvement costs. 13)The City Clerk shall release the plat documents for filing only upon certification by the City Attorney, Community Development Director and City Engineer that all requirements of the platting regulations have been satisfied. 14)The aforesaid plat shall be filed by the City of Orono with Hennepin County on or before May 26, 2019, together with a certified original copy of this resolution and executed copies of the easements and covenants pertinent thereto. 15)No building permit shall be issued until all fees paid, and all documents recorded. 16)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 26th day of November, 2018. ATTEST: CITY OF ORONO: Anna Carlson, City Clerk Dennis Walsh, Mayor 3 L n 1 PENCE LANE ADDITION R.T.DOC.NO. Know en vene•M m e eenm mn n em M.w aay,na susan K w iaay,n wena a w e,ree ownan m me roiiowioa decaihed properly adueleE in tM CouMy of Hennepin,Stete W Minnewb,ro wit Lot 7,Bbdc 1,CARMAN BAY HEIGHTS AND lqt 4,Blodc 3,WALTERS-PORT Have ceueed t a ceme l0 6e wrvey en0 palteA es PENCE LANE ADDITION,e W do hereby dedlcete to Ma puDlic for public uea forever Cie tlreinpa and utiliry eaeemenb as a own on Ihe plel In wilnese whereo/selO WilNam M.Oinkfey and Susan K Wnkby,husbend eM wife heve hereurrto set Meir henOs Mis_dey of 20 WILLIAM M.DUNKLEV SUSAN K.DUNIQEY STATE OF CAUNT/OF Th'ursbument was ackroxAetl d bafore me Mie_dey of 20_,Dy Nfilliam M.DunMey and Susan K D mldey,husberM enE wiFe. Notery Pudic, Couny Noferya prin ed name My mmmision e ires 1 Merk S.Gronherp do hereby caUfy Giet t ie plet wes prepared by me a under my tlirect aupervision;Vut I am e duly Lkenced Le M Surveyor in Ure Stata M h5nnesota:Ifut this pat is a mrta x rapeaentatlai o(ttia bou Mary survey;Met all meMematicel defa aM la6ele are cortectly tlesipnehd a Mis qat tl et el monumenls depi eE a Mre det heve hean.a will be correciN set wlMin one year,thet eH water 6ouMeries eM wet Ia Mc,es defi reE in Minneaote Sletues.Section 505.01,SubO.3,es ot Iha da0e of M s cerGficate are shown eM IabkA on Mb plat antl eq public ways ere afawn anE lahelad on Mis Dlal. DebC Mis_tlay ol 20_ Mark S.GronDery Ucamed lend Suveyor Minneaota L'xx'rce NimOer 12755 STATE OF COUNT'OF This IrreWment wen eticnowletlgeE befora me Mis dey of 20_by MaAc S. onx-( berp. Notery Puhliq_County Nobrys qiMeO neme My commision exp ea c ry couna,Ciy or aaw,M nneaom Thb plat N PENCE LANE ADDITION wec approvetl and eccepleA by tla Cily Coundl W Ne Cily o/Orono,Minneaob,et e reguler meettrg thereol MM Vib_dey o/ 20_.eiM said Olet ia in comDliance witM tlre ProWaonB af Minneaote SfeMea,Secllon 505.03,Suhd.2. Ciy CounW,Ciry OI Orono.Minneaoh ypr Cbrk RESIDENT AND REAL ESTATE SERVICES,Henneqn County,Minneaota I hereby ceitify Mat texee peyeDM in 20_end prbr yean haw Eeen paid(or lantl deeaibed on this plet,tlateO Mis_day of 20 Merkv.cheqn.CowrtYAutlitor 9Y DeWfi/ SURVEV DIVISION,Hennepin CouMy,Minneaom Pu(suaM fo MN.STAT.Sea 383B.%5,(1969),Nw plat hes haen approved tltis_Oay of 20_ Chrie F.Mavis,CouMy Surveyar By REGISTRAR OF TIILES,Henriepin CouMy,Minnewte I hereby cxCy tl et tl e wilhin pat M PENCE LANE ADDI710N was filed in this ofice this tlay W 20_,al_odoGc_m. Me tin MCCamick.Repistrer af 7Nes By Depury GRONBERG 8 ASSOCIATES,INC. 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S 89°2T1T E .s+wcu arwce 16 t- ax'rm,sc,.eo MINNETONKA inwMn unkvMxub'MriieU.utl p xa'ffiYB E t31t60JO60120 4 i.ae..m eema+a iea n .em aapw Lona+w e.v+ea.oe era+s.amae R=10.00 ' r6°D —_"""—' CARMAN'S BAYL=15.71 N0092d3'E 116.20 mTMcr.Ewr. SCALE N FEET u a LAKE MINNETONKA.i °"""'°`"'"''°"' w' GRONBERG&ASSOCIATES,INC. ENGINEERS,LAND SURVEYORS,PLANNERS MY"'R" SHEET 2 OF 2 SHEETS May 6, 2021 Mayor Walsh and City Council Members City of Orono 2750 Kelley Parkway Orono, MN 55356 Via U.S. Mail and Email dwalsh2@ci.orono.mn.us aprintup@ci.orono.mn.us vseals@ci.orono.mn.us rcrosby@ci.orono.mn.us mjohnson@ci.orono.mn.us Re: #LA21-25, Eric Vogstrum o/b/o Eric Vogstrum and William and Susan Dunkley 2709 Walters Port and 2710 Pence Lane, Sketch Plan Review Dear Mayor Walsh and Council Members: We represent Gregory and Kelli Hueler, owners of property at 2715 Pence Lane, which immediately adjoins the Vogstrum property at 2710 Pence Lane. This letter is in opposition to the proposal to further plat the property to allow for creation of a second driveway to the Dunkley property. The second driveway is direct conflict with the existing conditions of approval and proposes additional hardscape without legal justification. The sketch plan was discussed at the Planning Commission meeting of April 19, 2021. Several Planning Commission members expressed concern with the proposal, particularly adding a second driveway, increasing impervious surface, impacting landscaping and green areas, and impacting neighbors. This letter will set forth the background for the application along with the basis for our clients’ opposition to the proposal for a second driveway to the Dunkley property. Prior Approvals In preparing this letter, we have reviewed the following resolutions of the City of Orono which form the legal context for the latest application: 1.Resolution 3619 – A resolution granting variances to municipal zoning code Section 10.22, Subdivision 1, Section 10.55, Subdivision 8 and Section 10.56, Subdivision 16(C) and (L), and granting conditional use permit per Section 10.03, Subdivision 10. Adopted October 9, 1995. 2.Resolution 3743 – A resolution denying variances to municipal zoning code Sections 10.03, Subdivision 14(C); 10.22, Subdivision 1 & 2, 10.55 Subdivision 8; and 10.56, Subdivision 16(L). Adopted July 22, 1996. 3.Resolution 5544 – A resolution granting variances to municipal zoning code Section 78- 1279. Adopted November 27, 2006. Council Exhibit E LA21-25 Mayor Walsh and City Council Members May 6, 2021 Page 2 4.Resolution 5600 – A resolution amending resolution 5544. Adopted April 4, 2007. 5.Resolution 6811 – A resolution approving variances from municipal zoning code Sections 78-1279 & 78-1680. Adopted November 27, 2017. 6.Resolution 6918 – A resolution approving the plat of Pence Lane addition. Adopted November 26, 2018. 7.Resolution 6907 – A resolution approving a preliminary plat for the plat of Pence Lane addition. Adopted October 8, 2018. 8.Resolution 6932 – A resolution vacating drainage and utility easements within Carman Bay Heights and Walters-Port Hennepin County, Minnesota. Adopted December 10, 2018. Discussion The Dunkley property required significant variances and a conditional use permit in order to develop as identified in Resolution 3619. Condition No. 6 of that resolution stated, “Any future hard cover placed or constructed on the property of other than the nature, location and area of that of the hard cover shown on the final approved site plan, Exhibit B, shall first require approval of the City Council, and likely will not be approved without substantial removals of pre-existing hard cover resulting in no net increase or a net decrease in hard cover on the property.” Obviously, the city was concerned with the amount of hard cover in a sensitive shoreland area and made explicit conditions about the further reduction of hard cover on the property. Resolution 3619, dated October 9, 1995. A year later, the Dunkleys were back with an application which required additional variances to the City Code for lot coverage and hard cover. The City Council denied the request for the variance on the grounds that the intensification was not justified as a hardship. In November 2006, the Dunkleys applied again to vary the city standards with regard to expansion of their residence and reduction in the lakeshore setback. Again, the owners were advised in any future requests that increased hard cover would not be approved without concurrent reduction in existing hard cover. See Resolution 5544 adopted by the Orono City Council on November 27, 2006. In 2017, the Dunkleys again sought variances from the City Code to allow construction of an addition to the existing home just 57 feet from the ordinary high water line where a 75-foot setback is required. The Planning Commission recommended denial of the variances since the original request included the retaining walls within the 75-foot setback which the property then removed from the request. The City Council granted the request for variances and allowed the addition to the home. In 2018, the Dunkleys applied for preliminary plat approval to create two buildable lots and an outlot. The second lot has since been sold to Mr. Vogstrom, the joint applicant in the sketch plan Mayor Walsh and City Council Members May 6, 2021 Page 3 that is before you. Mr. Vogstrom built a home on the second lot which shares a driveway with our clients. Construction on the Vogstrom property has left the driveway in disrepair, which is the subject of arbitration between Mr. Vogstrom and our clients. The Dunkleys and Vogstrom agreed to the following conditions as part of the subdivision request: “Condition No. 4. No driveway connection over Lot 2 to the private driveway shared by Lot 2 and 2715 Pence Lane shall be provided for Lot 1 or any other lot. Condition No. 6. The common driveway shared by Lot 2 and 2715 Pence Lane shall be maintained to provide an acceptable driving surface at all times.” Resolution 6918 is a resolution approving the final plat of Pence Lane Addition. File No. LA18- 000092 states the following conditions: 4. Access to Lot 1 will be via Walters Port Lane only. Access to Lot 2 will be via the private driveway (Pence Lane) that connects to Kelly Avenue. This access is shared with 2715 Pence Lane. 6. Vehicular access to Pence Lane from Lot 1 is expressly prohibited. 7. The common Pence Lane driveway shared by Lot 2 and 2715 Pence Lane shall be maintained to provide an acceptable driving surface at all times. (Emphasis added.) Resolution 6918, page 2. As you can see, the approval record for the Dunkley and Vogstrom properties provides a detailed history of concerns by the City Council and the Planning Commission for the numerous building expansions on the Dunkley property, the number of variances required to accommodate those expansions and concern for maintenance of the common driveway serving Lot 2 and our client’s property. If you visit the property subject to these discussions and approvals, you will see that the common driveway is in disrepair; at times during construction it was impassable. This is in continuing violation of the subdivision conditions stated in this letter. Further, it has made it difficult for our clients to return home and use their property in quiet enjoyment. I want you to understand that my clients have done nothing to deserve the treatment that they have had to endure by their neighbors. Beyond the variance and subdivision approvals, there have been numerous code violations, a broken sewage line which created a costly backup into my clients’ home, and deliberate public nuisances, including blasting loud and vulgar music at my clients’ property from a party boat at 11:00 p.m. The conditions and concern about hard cover are not only appropriate in the shoreland area but a matter of law. It is my understanding that the second driveway proposed to serve the Dunkley property cannot be built without a variance as set forth in the staff report. By legal necessity, a Mayor Walsh and City Council Members May 6, 2021 Page 4 variance must demonstrate either practical difficulty or undue hardship. This simply cannot be met when the Dunkleys have access to Walters Port Lane. In testimony at the Planning Commission, Sue Dunkley stated that the need for the second driveway was heightened by the recent fire at their home. However, the fire was effectively extinguished using the existing access on Walters Port Lane. In addition, several Planning Commissioners expressed concern with dual driveways five feet apart running side by side with little room for landscaping. Conclusion In response to the application for sketch plan review, I provided objections on behalf of my clients prior to the Planning Commission meeting. These objections are restated here: 1.The prior conditions requiring access to Walters Port Lane were intended to minimize the traffic on Pence Lane, which is a private driveway and not constructed to city road standards. 2.The second driveway is duplicative of the access on Walters Port Lane and unnecessary. Therefore, the owners will not be able to show either undue hardship or practical difficulties as the criteria to support approval of a variance. 3.The introduction of a second driveway parallel to the existing driveway serving the Vogstrom and Hueler homes is unsightly and unnecessary and increases the impervious surface in the shoreland zone. In conclusion, my clients have endured years of construction activity, code violations, debris and broken utilities. This project simply increases that activity without legal justification. We ask you to send a clear message to the property owners that you will not support a variance for a second driveway. Thank you. Sincerely, William C. Griffith, for Larkin Hoffman Direct Dial: 952-896-3290 Direct Fax: 952-842-1729 Email: wgriffith@larkinhoffman.com cc: Jeremy Barnhart Gregory and Kelli Hueler 4852-3950-4616, v. 2 From:Griffith, William C. To:Jeremy Barnhart Subject:RE: 2710 Pence - 2709 Walters Port application Date:Monday, April 19, 2021 1:26:31 PM Jeremy, I appreciate the information you provided on the above matter. I want you to know that my clients are opposed to this application for the following reasons: The prior condition requiring access to Walters Port Lane was intended to minimize the traffic on Pence Lane which is a private driveway and not constructed to City road standards. The second driveway is duplicative of the access on Walters Port Lane and unnecessary. Therefore, the owners will not be able to show either undue hardship or practical difficulties as the criteria to support a variance. The introduction of a second driveway parallel to the existing driveway serving the Vogstrom and Hueler homes is unsightly and unnecessary and increases impervious surface in the shoreland zone. As a practical matter, my clients have endured years of construction activity, code violations, debris and broken utilities, and this project simply increases that activity without legal justification. Please share these concerns with the City Council. Thank you. Bill William C. Griffith Shareholder direct | 952-896-3290 mobile | 612-986-7711 8300 Norman Center Drive Suite 1000 Minneapolis, MN 55437-1060 www.larkinhoffman.com Larkin Hoffman Attorneys From: Jeremy Barnhart <jbarnhart@ci.orono.mn.us> Sent: Friday, April 16, 2021 11:45 AM To: Griffith, William C. <wgriffith@larkinhoffman.com> Subject: 2710 Pence - 2709 Walters Port application This Message Is External to Larkin Hoffman. FYI Jeremy Barnhart, AICP Council Exhibit E LA21-25 Community Development Director City of Orono 952-249-4626 CONFIDENTIALITY NOTICE: INFORMATION IN THIS MESSAGE, INCLUDING ANY ATTACHMENTS, IS INTENDED ONLY FOR THE PERSONAL AND CONFIDENTIAL USE OF THE RECIPIENT(S) NAMED ABOVE. This message may be an Attorney-Client communication from the law firm of Larkin Hoffman Daly & Lindgren Ltd., and as such is privileged and confidential. If you are not an intended recipient of this message, or an agent responsible for delivering it to an intended recipient, you are hereby notified that you have received this message in error, and that any review, dissemination, distribution, or copying of this message is strictly prohibited. If you received this message in error, please notify the sender immediately, delete the message, and return any hard copy print-outs. No legal advice is being provided or implied via this communication unless you are (1) a client of Larkin Hoffman Daly & Lindgren Ltd., and (2) an intended recipient of this message. This message may have been sent to you using encrypted delivery. If you reply to an encrypted email, your email provider may deliver the response with encryption. [Forwarding this message may not provide the same encryption safeguards, depending on the email services being used. By doing so, you may unknowingly expose the sensitive content to others via the Internet.] 50 South Sixth Street | Suite 1500 | Minneapolis, MN | 55402‐1498 | T 612.340.2600 | F 612.340.2868 | dorsey.com JAY R. LINDGREN Partner (612) 492-6875 FAX (952) 516-5636 lindgren.jay@dorsey.com May 5, 2021 VIA ELECTRONIC MAIL Jeremy Barnhart, AICP Community Development Director City of Orono 2750 Kelley Parkway Orono, MN 55356 jbarnhart@ci.orono.mn.us Re: 2710 Pence and 2709 Walters Port sketch plan; File #LA21-25 Dear Mr. Barnhart: This firm represents William and Susan Dunkley regarding the above-referenced matter (the “Plat”). The law firm of Courey, Kosanda & Zimmer, P.A. are co-counsel in this representation, and are working with us on this matter. This letter is written to clarify some comments made during the April 19, 2021 Planning Commission sketch plan review of the Plat. We wanted to provide this letter prior to the City Council’s scheduled May 10 sketch plan review, and ask that this letter be made part of the record. I plan to be present on May 10 on behalf of the Dunkleys. In particular, this letter addresses: (1) Pence Lane’s status as a private road; (2) the proposed Plat to create a cul de sac at the end of Pence Lane on Outlot A; (3) the connection of a new private driveway off of the cul de sac to serve 2709 Walters Port Lane (“Dunkley residence”); and (4) the removal of the conditions of approval in City Council Resolution 6918 restricting access to the Dunkley residence from Pence Lane. Pence Lane is a Private Road By definition in the City Code, a “private road” is land “dedicated to private use or contained in a plat, an easement or other conveyance.” Orono City Code § 18-1. The record is clear that the approximately 150 feet of Pence Lane that stretches from Kelly Avenue to Outlot A is a private road. Attached to this letter are the following exhibits demonstrating that this portion of what is now Pence Lane is a private road. Exhibit A. 1947 survey showing a formerly unimproved public roadway where Pence Lane is now located platted as a road. Council Exhibit F LA21-25 Jeremy Barnhart, AICP May 5, 2021 Page 2 Exhibit B. Orono City Code (1984), defining “Private Road” as “any street or roadway which has not been dedicated to public use…but which is open to travel pursuant to an easement between persons or between persons and the City,” and defining “Private Driveway” as “any private road serving not more than three separate residences or three separate parcels of land.”1 Exhibit C. Orono Resolution 1636 (dated 5/14/84) vacating “an unused portion of dedicated public roadway known as Pence Lane,” on the condition that the affected property owners “execute a road maintenance agreement to assure the upkeep and maintenance of the private roadway.” Exhibit D. Road and Utility Easement Agreement (dated 6/26/84) granting easement for “roadway purposes” to three (3) lots. Exhibit E. Deed from City (dated 4/28/86) to three (3) landowners on Pence Lane, referencing deed being subject to a “perpetual non-exclusive easement for road purposes.” The above-described exhibits demonstrate that Pence Lane was intended to be converted to a private road when it was vacated in the mid-1980s. The City conditioned its vacation of the “private roadway” on the requirement that the property owners execute a road maintenance agreement, which was required for private roads under the 1984 City Code. While the roadway, which served three residences in 1984, may have also been considered a “private driveway” at that time because the 1984 City Code allowed a private driveway to serve three residences, it could no longer be considered a driveway under the current City Code, which provides that “one driveway approach shall be allowed from up to two single residential parcels of land to the same road.” Orono City Code § 18-136. Under the current City Code, the 150 feet of Pence Lane cannot be a private driveway because it continues to serve three residences— 2701, 2710, and 2715 Pence Lane—as it has since it was vacated. In this way, it is similar to Walters Port Lane or other private roads in Orono that have multiple addresses on the same roadway. Thus this 150-foot portion of Pence Lane was originally intended to be converted to a “private road” when it was vacated in 1984 and retains this status under the current City Code. Proposed Plat As discussed in the April 19, 2021 Planning Commission sketch plan review of the Plat, the Dunkleys and Vogstroms (“Applicants”) propose to create a cul-de-sac on the existing Outlot A, which is owned by the Dunkleys. The cul-de-sac will conform to City design standards set forth in City Code § 82-281 and will become part of the existing Pence Lane private road described above. The Applicants are prepared to execute a road maintenance agreement in 1 As described further below, even if Pence Lane also qualified as a “Private Driveway” under the 1984 City Code, it is no longer a private driveway because it serves more than two residences, but it retains its status as a Private Road. Jeremy Barnhart, AICP May 5, 2021 Page 3 conformance with the City’s standards in City Code § 87-212(3) to ensure ongoing ownership and maintenance of the new cul-de-sac. The Applicants do not propose any changes to the previously-vacated 150-foot portion of Pence Lane, which will retain its existing status as a private road. This section was not replatted as part of the 2018 application described above, and is not included in the Plat. Because no changes are proposed to the previously-vacated portion of Pence Lane and it is outside of the area covered by the Plat, we believe it is not necessary to bring this existing private road into compliance with the City’s current design standards for private roads or to obtain a variance from those standards. New Private Driveway As shown in the Plat sketch plan, the Applicants propose to add a new private driveway from the cul-de-sac to serve the Dunkley residence. This means that both of the driveways that exit from the proposed cul-de-sac will be in compliance with the current City Code requirement that a driveway serve a maximum of two residences; one driveway will serve the Dunkley residence, and the other driveway will continue to serve the 2710 and 2715 Pence Lane residences. Removal of Prior Plat Conditions In Orono Resolution 6918 (dated 11/26/18), the City Council approved the platting of two parcels and the existing Outlot A, where the cul-de-sac is now proposed to be located. The City Council also included two conditions in its approval regarding access to the Dunkley residence: 4) Access to Lot 1 (2709 Walters Port) will be via Walters Port Lane only. 6) Vehicular access to Pence Lane from Lot 1 is expressly prohibited. It is our understanding that the City imposed these prior conditions to prevent the Dunkley residence from connecting to the portion of Pence Lane that is on Outlot A, thereby arguably creating a third connection to a private driveway in contravention of the City Code. Regardless of whether the section of Pence Lane that is on Outlot A is a private road or a private driveway, the creation of the new cul-de-sac renders this issue moot. As part of the Plat, the new cul-de-sac will become a private road, extending and terminating the 150-foot portion of Pence Lane that is already a private road as described above. Two driveways serving a total of three lots will branch out from the cul-de-sac, meaning there will be no violation of the City’s requirement that a driveway serve a maximum of two lots. For this reason, we respectfully request that the two conditions of approval prohibiting access to the Dunkley residence from Pence Lane be eliminated as part of the proposed replatting. We note that the conditions in Resolution 6918 related to the replatting of Outlot A, not the 150-foot section of Pence Lane. Thus these conditions can be removed as part of the Plat without disturbing the current status of the 150-foot section of Pence Lane connecting to Kelly Jeremy Barnhart, AICP May 5, 2021 Page 4 Avenue. To our knowledge, that portion of Pence Lane has never been replatted since it was vacated in 1984, thus it has retained its status as a private road since that time. Additionally, notwithstanding the above conditions, the Dunkleys have full legal rights to use Pence Lane to access the Dunkley residence pursuant to the Minnesota Court of Appeals’ ruling in Dunkley v. Hueler, 2020 Minn. App. Unpub. LEXIS 787 (Sept. 14, 2020) (Unpublished). This decision was previously provided to the City Attorney for review. Thank you for your thoughtful consideration of the Plat and your continued efforts to resolve this issue. We look forward to presenting this additional information and answering any questions that the City Council may have at its May 10 meeting. Very truly yours, DORSEY & WHITNEY LLP Jay R. Lindgren Partner JRL:mr Cc: Soren Mattick, Esq. William and Susan Dunkley Exhibit A Exhibit B Exhibit C Exhibit D Exhibit E