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Home My WebLink About09-13-2021 Council PacketAgenda Council Meeting Monday, September 13, 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 August 23, 2021 2. Council Work Session Minutes of August 23, 2021 3. Claims/Bills 4. Approval of Rental Licenses 5. Long Lake Fire Command Vehicle Purchase 6. Public Works Facility Civil Engineering and Survey Proposal 7. Walters Port Water Main Replacement Project (21-022) Final Pay Request and Project Closeout 8. 20-014 Sewer Rehabilitation – Final Pay Request and Project Closeout 9. Appointment of 2021 Seasonal Employees 10. Authorization to Accept William Carstens Resignation 11. LA21-000048 – Courtney Paulsen, 1090 Wildhurst Trail, Variances – Resolution No. 7214 12. LA21-000050 – Alyssa Dwyer & Eric Biermann, 2915 Casco Point Road, Variances – Resolution No. 7215 13. LA21-000054 – Sharratt Design & Co- Michael Sharrat, 2695 Shadywood Road, Variance – Resolution No. 7216 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. Parks and Golf Course Report 14. Golf Course Event Fee Schedule Adjustment Request 15. Casco Point Ice Rink Improvements and Partnership Opportunity Finance Director Report Community Development Report 16. LA21-000052 – Petit Design- Barry Petit, 3355 Crystal Bay Road, Variance – Resolution No. 7217 City Attorney Report Agenda Council Meeting Monday, September 13, 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 Administrator/Engineer Report 17. 2021 Road Maintenance Project – Fee Adjustment Request – Bolton and Menk Mayor/Council Report Closed Meeting: Attorney – Client Privileged Discussion 18. Pursuant to Minnesota Statute Section 13D.05, subdivision 3(b), the Council will close the meeting for a confidential discussion of strategy and settlement negotiation status in the following matters: • Barbara E. Burwell in her capacity as Trustee of the Barbara E. Burwell Revocable Trust, and Barbara E. Burwell Revocable Trust, Plaintiffs, v. City of Orono, Mark E. Jacobs in his capacity as Trustee of the Irwin L. Jacobs 2018 Revocable Trust, Trisha Blake in her capacity as Trustee of the Irwin L. Jacobs 2018 Revocable Trust, and Irwin L. Jacobs 2018 Revocable Trust, Defendants , Case No 27-CV-21-4472 • Jay Nygard and Kendall Nygard v. City of Orono, Eighth Circuit Court of Appeals, No. 21-2941 • James Hillegass v. City of Orono, Case No 27-CV-21-8317 • Jay Nygard v. City of Orono, Minnesota Department of Human Rights, Ref. No. 72546 • Kendall Nygard v. City of Orono, Minnesota Department of Human Rights, Ref. No. 72581 • Barbara Schmidt vs. Orono etal, Case No 27-CV-21-7769 • Bonnett v. City of Orono (unfiled) The Council has balanced this decision to close the meeting against the purposes of the open meeting law, and the Council has determined that there is a demonstrated need for absolute confidentiality. The Council will be considering settlement negotiation status and strategy and must do so confidentially. Adjournment Upcoming Events 2021 09-20-21 Planning Commission Meeting, Monday, 6:00 p.m. (Richard F. Crosby II) 09-27-21 Council Work Session, Monday, 5:00 p.m. 09-27-21 City Council Meeting, Monday, 6:00 p.m. 10-04-21 Park Commission Work Session, Monday, 6:00 p.m. 10-11-21 Council Work Session, Monday, 5:00 p.m. 10-11-21 City Council Meeting, Monday, 6:00 p.m. 10-18-21 Planning Commission Meeting, Monday, 6:00 p.m. (Aaron Printup) 10-25-21 Council Work Session, Monday, 5:00 p.m. 10-25-21 City Council Meeting, Monday, 6:00 p.m. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, August 23, 2021 6:00 o’clock p.m. _____________________________________________________________________________________ Page 1 of 5 ROLL CALL The Orono City Council met on the above-mentioned date with the following members present: Mayor Dennis Walsh, City Council Members Matt Johnson, Richard Crosby III. Members Aaron Printup and Victoria Seals were absent. Representing Staff were City Attorney Soren Mattick, City Administrator/Engineer Adam Edwards, Public Works Superintendent David Goman, 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. CITY COUNCIL MEETING MINUTES OF AUGUST 9, 2021 2. COUNCIL WORK SESSION MINUTES OF AUGUST 9, 2021 3. CLAIMS/BILLS 4. APPROVAL TO ACCEPT DONATION 5. TONKAWA PHASE II FORCEMAIN REPLACEMENT – CHANGE ORDER AND PAY REQUEST 6. LA20-000075 – BRIAN & ANNE HUISMAN, 1121 NORTH ARM DRIVE – VACATION OF RIGHT OF WAY – RESOLUTION NO. 7212 7. SUBORDINATION AGREEMENT RELATED TO POND AND OTHER STORMWATER FEATURES AT 1485 SIXTH AVENUE NORTH – AGREEMENT 8. LA21-000047 – MATCOM: MARK MATASOCSKY O/B/O TEMPLE ISRAEL OF MINNEAPOLIS, 645 TONKAWA ROAD, VARIANCES – RESOLUTION NO. 7213 9. PARKS AND GOLF COURSE SUPERINTENDENT APPOINTMENT Crosby moved, Johnson seconded, to approve the Consent Agenda as submitted. VOTE: Ayes 3, Nays 0. PUBLIC COMMENTS A member of the Long Lake Relief Association read a letter to the City Council: Dear Long Lake and Orono Councilmembers and Administrations, We are the Firefighters of the Long Lake Relief Association who serve our local communities with the following mission statement: it is the mission of the Long Lake Fire Department to minimize the loss of life and property for its service recipients in the Cities of Long Lake, Orono, Medina, and Minnetonka Beach from fires, natural disasters, life-threatening situations, including medical emergencies, and to assist other emergency agencies. Our current members have faithfully served this mission with a MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, August 23, 2021 6:00 o’clock p.m. _____________________________________________________________________________________ Page 2 of 5 PUBLIC COMMENTS – Continued combined 350+ years of service. Successfully achieved, our mission does not come easily, it takes dedicated individuals combined with determined leaders to develop the valuable team we have in place today. Our members continuously participate in rigorous training that prepares them to perform their duties as a calm, effective, and cohesive team while under the inherent pressures of the fire service. Our unity and abilities have not developed overnight; it has taken years of practice to develop and perfect. We recognize the conflict between the Long Lake and Orono City Councils regarding the fire service and know that each City Council will make decisions beyond our control. Our principal interest lies in what is best for the communities. We desire to continue to serve. We believe that the residents of the communities we serve benefit greatly from a fire department that is not distracted from a long, drawn-out conflict and the uncertainty that can come with it. We firmly believe in the best interest in public safety and continued achievement of our mission statement. A quick resolution to the fire service conflict is paramount to the decisions made by the City Council. As Long Lake Fire Relief Association we respectfully request that the Long Lake and Orono City Councils urgently find a resolution to this issue. On the fire ground, crew integrity is crucial to our number one priority which is safety. We go into a fire together, we leave a fire together. No one is left behind. We ask that both Long Lake and Orono City Councils take the same approach in resolving this fire service contract. Please find a solution that keeps our entire team home, whole, from the Chief down to the probationary fire fighters, for the continued benefit of the communities and residents that we desire to continue and serve. For the benefits of all concerned, please resolve this issue quickly. Respectfully Submitted, Long Lake Volunteer Fire Relief Association The Council thanked the Volunteer Fire Relief Association for their service. Crosby appreciates everything the fire association does from the bottom of his part and will do everything within his voting power to keep the unity together. He stated it is his desire to get this situation worked out as quickly as possible, but they need a partner that is willing to come to that conclusion, also. PRESENTATION 10. LONG LAKE WATERS ASSOCIATION Jane Davidson, Board Member of the Long Lake Waters Association (LLWA), noted they are conducting a project on Long Lake and thought it would be nice to come and tell the City of Orono about it. Ms. Davidson gave a presentation prepared by Professor Przemek Bajer at the University of Minnesota, whose expertise is in carp. Ms. Davidson lives on the lake, her background is mechanical engineering, and she is also a professor at the U of M. Long Lake Waters is a non-profit formed in 2017 and the mission is to protect the Upper Watershed of Long Lake Creek Watershed which includes regions in Medina, Orono, and Long Lake, includes 7 lakes, and many wetlands. Long Lake is the biggest lake in the watershed and in 2017 saw the overabundance of carp in the lake; carp are bad because they are bottom-feeders and tend to release the nutrients that are stored at the bottom of the lake which promotes algae growth and higher pollution levels. They also destroy the natural habitat for a lot of fish and native plant species. She noted they did a study in 2018 and following the study they applied for a Minnesota Board of Water and Resources (BWSR) grant; as part of the project they put a tracking device on the carp to determine movement. She gave some background and history on carp counting and netting programs MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, August 23, 2021 6:00 o’clock p.m. _____________________________________________________________________________________ Page 3 of 5 PRESENTATION 10. LONG LAKE WATERS ASSOCIATION – Continued and noted they use corn because carp like corn but other fish do not. After a recent count, they found the new population estimate was about 7,000 carp rather than 18,000, and they need to remove more carp to get down to safe levels. Ms. Davidson walked them through the plan for the next years to control the carp, noting it will have a huge impact on the lake, the community is very enthusiastic about supporting the program, but they would also like support from the cities (Long Lake, Orono) and are hoping everyone will pitch in. She stated Carp Solutions has indicated they would come out and do an initial run next year which would start at $10,000 but if they want to be sure to catch them all it would probably be somewhere in the $20,000 range. Long Lake Waters is willing to do a fundraising campaign from the community to support that, in addition to educational opportunities. Johnson asked where the carp are going up on 6th in the holding pond. Ms. Davidson replied they cannot get over the weir; if one goes and walks the area there is actually a barrier. They go up the creek and try to get over the weir and they cannot so they come back down to the lake. Johnson stated on the agenda tonight the City Council subordinated their interest in that creek and gave it to the Watershed. He noted the Watershed District wanted control of that area. Ms. Davidson hopes the Watershed does good things. She does not think it changes the prognosis of dealing with the carp; she thinks this has been a successful project and it is a small dent compared to some of the projects the Watershed wants to do that are very large, municipal stormwater management projects. However, she thinks it can make a real contribution. The Council thanked Ms. Davidson for her presentation. FINANCE DIRECTOR REPORT Finance Director Olson stated he does not have anything additional to report other than the City Council met Carrie Krienke, who has been with the City for one week and everything is working out well. COMMUNITY DEVELOPMENT REPORT 11. LA21-000048 – COURTNEY PAULSEN, 1090 WILDHURST TRAIL, VARIANCES Staff presented a summary packet of information. Melanie Curtis, City Planner, gave a presentation noting Ms. Paulson is requesting hardcover, side setback, and average lakeshore setback (ALS) variances in order to construct a second-story addition above the existing home footprint along with a new lakeside deck. The existing home is situated entirely lakeward of the ALS line and 2.6 feet from the side lot line on the north. Hardcover on the property currently exceeds the 25% limitation and according to the revised survey, the applicant has 105 square feet of hardcover removals. During the July Planning Commission meeting, the Commissioners voted 6-0 in favor of approving the variances consistent with the Staff recommendation which included moving the deck and deck stair inward to meet the 7.5 foot side setback. The applicant modified the proposed plan from the original which encroached further than the house line so now the deck is shown even with the existing home on the north side. Staff recommends MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, August 23, 2021 6:00 o’clock p.m. _____________________________________________________________________________________ Page 4 of 5 11. LA21-000048 – COURTNEY PAULSEN, 1090 WILDHURST TRAIL, VARIANCES – Continued approval of the ALS and side setback variances to permit the second-story addition as proposed. The neighbors have indicated they are supportive. Staff also recommends approval of the hardcover variance to permit the deck within the ALS, however, Staff continues to recommend the stair and deck meet 7.5 feet from the side lot line. Johnson moved, Crosby seconded, to approve LA21-000048, 1090 Wildhurst Trail, Variances. VOTE: Ayes 3, Nays 0. PARKS AND GOLF COURSE REPORT City Engineer/City Administrator Edwards updated the Council that they made the appointment for the new superintendent. Edwards shared that he was approached by the golf course committee, headed up by the Parks Commission Chairman Brian Roath, who presented earlier in the year regarding some initiatives at the golf course. The group would like to have an event on September 17 from 3-5:00 p.m. at the Clubhouse and is looking for some City funding to help sponsor that event. The funding was not budgeted which is why they are bringing it to the Council. Revenues for the golf course are above budget so far this year so there are revenues-excess-of-budget to be able to more than pay for the event. The two items the group is looking for the City to sponsor are the musician fees and a deposit estimate on catering to offer some special food. Walsh noted he had previously told Mr. Roath that the Council would be supportive of trying some new things to see how they work; he thinks it is a small price to pay to get use out of a great asset they have in the City. Crosby agrees, it will be fun and exciting. Johnson moved, Crosby seconded, to approve the Golf Course Event Request for funding. VOTE: Ayes 3, Nays 0. CITY ATTORNEY REPORT Attorney Mattick had nothing to report. He noted he will be bringing a litigation update to the next meeting to give an update on new events and timing. He stated they recently had another lawsuit regarding a sign that has been tendered to the League; there is coverage and he will bring an update. CITY ENGINEER/ADMINISTRATOR REPORT Edwards noted Johnson had asked at the last meeting for an update on the point-of-sale. Since the program officially took effect January 1, they have done 77 inspections; of those, 13 identified additional work that needed to be done. They are at about a 17% failure rate as they do these inspections and they are running at about 2.9 hours of Staff effort per inspection. He clarified most of the failures are in the southern part of the City where they have older infrastructure where they get roots through the clay pipes. Johnson asks what they charge? MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, August 23, 2021 6:00 o’clock p.m. _____________________________________________________________________________________ Page 5 of 5 CITY ENGINEER/ADMINISTRATOR REPORT – Continued Edwards believes it is $250. COMMUNITY DEVELOPMENT REPORT Barnhart noted at the workshop the Council talked about advertising for Building Official and Building Inspector; if the Council gives Barnhart formal direction he will move forward on that. Johnson moved, Crosby seconded, to advertise for a Building Official and a Building Inspector to be full-time positions. VOTE: Ayes 3, Nays 0. Barnhart updated the Council on the docks at Big Island. They are working through the Lake Minnetonka Conservation District (LMCD) to get the appropriate licenses or approvals and the City Attorney’s office is looking at the legality of the history there. Engineering is looking at the best location as they have received an application and hope to come back to the City Council with a recommendation soon. The dock will likely not be put in this fall but will be ready for next spring. MAYOR/COUNCIL REPORT Crosby had nothing to report. Johnson stated it is really important that the Fire Department know that Orono supports them and recognizes the service they give the community. He noted this is a process, the City can do their part, and the Fire Department is supported. He said the City Council has a responsibility to taxpayers and when they are paying 85% of a bill, they have to control it to be sure they are being prudent with taxpayer dollars. In his mind, that is what this is about, they must be responsible as a City and control the resources that their citizens need. Walsh noted they will do the right thing all the time, it may just take a bit of time to get to the end result from a contract standpoint. He stated he made it through COVID and is feeling much better. ADJOURNMENT Crosby moved to adjourn the meeting at 6:41 p.m. VOTE: Ayes 3, Nays 0. ATTEST: _____________________________________ _______________________________________ Anna Carlson, City Clerk Dennis Walsh, Mayor Orono City Council Work Session Minutes Monday, August 23, 2021 Council Chambers 5:00 p.m. Page 1 of 2 PRESENT: Mayor Dennis Walsh, Council Members Richard F. Crosby II, and Matt Johnson. Staff members present were City Administrator/Engineer/Public Works Director Adam Edwards, Finance Director Ron Olson, Accountant Carrie Krienke, Community Development Director Jeremy Barnhart, Public Works Superintendent DJ Goman, and City Clerk Anna Carlson. 1.Enterprise Budget Discussion Finance Director Ron Olson presented the Enterprise Budget to the City Council. Olson reminded the group that the Preliminary Budget will be on the City Council agenda at the September 27th meeting. Olson explained the main purposes for each enterprise fund and the plan for budgeting of each. 2.Building Official Discussion Community Development Director Jeremy Barnhart began discussion about the Building Official and Inspection services. The data has been prepared by using the costs for the past three months and using that as an average. He explained the rough numbers for the various options are listed in the memorandum. His conclusion is that it may be less to hire an internal inspector and building official. Mayor Dennis Walsh noted that the data does show that it would save the City money if it decided to do inspections and hire a building official in-house. He noted that Council Member Victoria Seals also supports this option. Council Member Matt Johnson noted that he likes the coverage the City is getting with the out of house services. He also mentioned that he would be in favor of hiring in-house for those services as well. 3.Long Lake Fire Department (LLFD) Command Vehicle Discussion City Administrator Adam Edwards explained that the current command vehicle used for Long Lake Fire Department may be in need of replacement and is seeking direction from the Council about plans for replacement. Walsh explained that he is looking at it from a few different angles. The City has the option to buy a vehicle now or loan a vehicle to LLFD and order one later. Fire Chief James Van Eyll mentioned that we are looking at the loaner as a temporary fix and would like to plan on ordering a new vehicle within a year or so. The Council members consented that it would be a good idea to get it on order now. Adjourned: 5:43p.m. Orono City Council Work Session Minutes Monday, April 12, 2021 Council Chambers 5:00 p.m. Page 2 of 2 CITY OF ORONO: ATTEST: ________________________________ Dennis Walsh, Mayor _________________________________ Anna Carlson, City Clerk AGENDA ITEM Prepared By: Ck Reviewed By: A.Carlson 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 117025 to 117129, totaling $1,177,652.87. 3. Noteworthy Payments. Vendor Amount Description of Payment #117048 Blackstone Contractors $128,862.75.00 Payment #5 for Big Island Project. #117090 Modern Power Solutions $3,548.48 Generator Repairs. #117127 MNSPECT LLC $27,141.25 Payment for August Billing Services. 4. Staff Recommendation. Staff recommends approval of a motion authorizing payment to the claims list as presented. COUNCIL ACTION REQUESTED Motion to approve the claims list as presented. Exhibits A. Check Register Item No.: 3 Date: September 13, 2021 Item Description: Claims/Bills Presenter: Carrie Krienke Accountant Agenda Section: Consent Agenda City of Orono Check Register - COUNCIL REPORT Page: 1 Check Issue Dates: 8/24/2021 - 9/13/2021 Sep 10, 2021 08:48AM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount SCHOENZEIT, LAURA J 09/01/2021 114783 081120 101-41410-101 2020 PRIMARY ELECTION JUDGE PAY Elections 90.00- Total 114783:90.00- SmartPassion LLC c/o Hach Co.08/24/2021 116611 12468636 601-49400-216 WATER, DEIONIZED & REAGENT SOLUTION Water 870.97- Total 116611:870.97- ICMA RETIREMENT TRUST 45 08/27/2021 116783 07152021 101-21705 457 - 07/15/2021 1,691.00- Total 116783:1,691.00- SmartPassion LLC c/o Hach Co.08/30/2021 116923 1468636 601-49400-216 WATER, DEIONIZED & REAGENT SOLUTION Water 870.97- Total 116923:870.97- YAMAHA MOTOR CORP.08/27/2021 117024 01-241878 101-45210-415 GOLF CART RENTAL Golf Course 1,650.00- YAMAHA MOTOR CORP.08/27/2021 117024 747801 101-45210-415 GOLF CART LEASE Golf Course 1,647.00- YAMAHA MOTOR CORP.08/27/2021 117024 747861 101-45210-415 GOLF UTILITY CART RENTAL Golf Course 295.00- Total 117024:3,592.00- ICMA RETIREMENT TRUST 45 08/27/2021 117025 07152021 101-21705 457 - 07/15/2021 1,691.00 Total 117025:1,691.00 International Union Local #49 08/27/2021 117026 08272021 101-21707 LOCAL 49 DUES - 8/2021 245.00 Total 117026:245.00 LAW ENFORCEMENT LABOR S 08/27/2021 117027 08272021 101-21707 LELS DUES - LOCAL 168 8/2021 317.50 LAW ENFORCEMENT LABOR S 08/27/2021 117027 08272021 101-21707 LELS DUES - LOCAL 140 8/2021 1,334.96 Total 117027:1,652.46 MN STATE RETIREMENT-HCSP-08/27/2021 117028 08262021 101-21718 PEHSCP - 8/26/2021 2,541.46 Total 117028:2,541.46 NATIONWIDE RETIREMENT 08/27/2021 117029 08262021OB 101-21705 OBRA - 8/26/2021 589.82 City of Orono Check Register - COUNCIL REPORT Page: 2 Check Issue Dates: 8/24/2021 - 9/13/2021 Sep 10, 2021 08:48AM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount NATIONWIDE RETIREMENT 08/27/2021 117029 08262021RO 101-21705 ROTH - 08/26/2021 175.00 NATIONWIDE RETIREMENT 08/27/2021 117029 08262021US 101-21705 457 - 08/26/2021 930.00 Total 117029:1,694.82 NCPERS GROUP LIFE INS.08/27/2021 117030 08272021 101-21710 PERA LIFE 9/2021 288.00 Total 117030:288.00 OFFICE DEPOT 08/27/2021 117031 1769132140 101-41900-221 FOOT REST Central Services 18.74 OFFICE DEPOT 08/27/2021 117031 1769160610 101-41900-201 OFFICE SUPPLIES Central Services 65.69 OFFICE DEPOT 08/27/2021 117031 1769160660 101-41900-201 KITCHEN SUPPLIES Central Services 110.49 OFFICE DEPOT 08/27/2021 117031 1867826530 101-41900-201 OFFICE SUPPLIES Central Services 128.86 Total 117031:323.78 OPEIU - LOCAL 12 08/27/2021 117032 08272021 101-21707 UNION DUES - LOCAL 12 8/2021 521.00 Total 117032:521.00 PUBLIC EMPLOYEES RETIREM 08/27/2021 117033 08262021 101-21704 PERA 08/6/21-08/22/21 38,749.27 Total 117033:38,749.27 STATE OF MN DEFERRED COM 08/27/2021 117034 08262021 101-21705 457 - 08/26/2021 1,620.00 Total 117034:1,620.00 SUN LIFE FINANCIAL 08/27/2021 117035 08272021LIF 101-21710 LIFE INS- SEPT/2021 1,147.90 SUN LIFE FINANCIAL 08/27/2021 117035 08272021LIF 101-15998 LIFE INS- SEPT/2021 159.00 SUN LIFE FINANCIAL 08/27/2021 117035 08272021ST 101-21714 STD-9/2021 842.10 Total 117035:2,149.00 THE HARTFORD 08/27/2021 117036 08272021 101-21713 LTD 09/2021 1,762.81 Total 117036:1,762.81 VEACH, JACK 08/27/2021 117037 PERMIT RPS 101-22205 ESCROW REFUND - RPS19-000107 9,000.00 City of Orono Check Register - COUNCIL REPORT Page: 3 Check Issue Dates: 8/24/2021 - 9/13/2021 Sep 10, 2021 08:48AM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount Total 117037:9,000.00 ICMA RETIREMENT TRUST 45 08/27/2021 117038 08252021 101-21705 457 - 08/26/2021 1,691.00 Total 117038:1,691.00 City of Orono Utilities 08/31/2021 117039 2021-08 601-49400-382 AUGUST 2021 UB- WATER PLANT Water 145.54 City of Orono Utilities 08/31/2021 117039 2021-08 CH&101-41900-382 AUGUST 2021 UB - CH Central Services 959.12 City of Orono Utilities 08/31/2021 117039 2021-08 CH&101-42110-382 AUGUST 2021 UB - PD Police Department 959.12 City of Orono Utilities 08/31/2021 117039 2021-08 PO 101-41900-382 AUGUST 2021 UB - PO Central Services 85.12 City of Orono Utilities 08/31/2021 117039 2021-08 PW 101-41900-382 AUGUST 2021 UB - PW Central Services 377.28 Total 117039:2,526.18 UNITED STATES POSTAL SERVI 08/31/2021 117040 2021-08 601-49400-322 08/21 UB WATER Water 358.06 UNITED STATES POSTAL SERVI 08/31/2021 117040 2021-08 602-49450-322 08/21 UB SEWER Sewer 358.05 UNITED STATES POSTAL SERVI 08/31/2021 117040 2021-08 651-49910-322 08/21 UB STORM WATER Storm Water 358.05 Total 117040:1,074.16 HACH CHEMICAL CO 08/31/2021 117041 12468636-1 601-49400-216 WATER, DEIONIZED & REAGENT SOLUTION Water 870.97 HACH CHEMICAL CO 08/31/2021 117041 12468636-1 601-49400-216 WATER, DEIONIZED & REAGENT SOLUTION Water 54.59- Total 117041:816.38 CENTURY LINK 09/02/2021 117042 2021-08 601-49400-321 WATER PLANT PHONE/INTERNET 8/4/21-9/3/21 Water 130.34 Total 117042:130.34 CenturyLink 09/02/2021 117043 238504451 614-49840-329 INTERNET 07/08/21-08/07/21 Cable Franchise 1,056.54 CenturyLink 09/02/2021 117043 238504451 614-49840-329 INTERNET 06/08/21-07/07/21 Cable Franchise 1,056.54 Total 117043:2,113.08 GM CONTRACTING 09/02/2021 117044 2021-08 EST 101-19999 21-021 TONKAWA FORCEMAIN REPLACEMENT 248,661.02 Total 117044:248,661.02 All Flags LLC 09/09/2021 117045 2021-08 101-43000-224 FLAGS Public Works Department 176.40 City of Orono Check Register - COUNCIL REPORT Page: 4 Check Issue Dates: 8/24/2021 - 9/13/2021 Sep 10, 2021 08:48AM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount Total 117045:176.40 ANDERSEN-BEAVER, TAYLOR 09/09/2021 117046 2021-08 234-45680-441 REFUND FOR DOG PASS 5.00 Total 117046:5.00 Aspen Mills 09/09/2021 117047 279601 101-42110-226 UNIFORMS Police Department 51.86 Total 117047:51.86 Blackstone Contractors LLC 09/09/2021 117048 BIG ISLAND 225-20600 BIG ISLAND PROJECT 19-033 128,862.75 Total 117048:128,862.75 CARDMEMBER SERVICE 09/09/2021 117049 AC - 7/26 PA 101-41110-439 CC MEETING FOOD Mayor & Council 102.26 CARDMEMBER SERVICE 09/09/2021 117049 AC- 0625 PA 101-41300-437 NEW EMPLOYEE FOOD Administration 37.59 CARDMEMBER SERVICE 09/09/2021 117049 AC- 7/16 INT 101-41300-439 ACCOUNTANT INTERVIEWS STAFF LUNCH Administration 29.84 CARDMEMBER SERVICE 09/09/2021 117049 AC- 8/9 SMA 101-41110-439 CC MEETING FOOD Mayor & Council 109.42 CARDMEMBER SERVICE 09/09/2021 117049 AC- COBOR 101-41300-439 NEW EMPLOYEE FOOD Administration 37.81 CARDMEMBER SERVICE 09/09/2021 117049 AC- HYVEE 101-41110-439 CC MEETING FOOD Mayor & Council 15.99 CARDMEMBER SERVICE 09/09/2021 117049 AC- PANERA 101-41300-439 NEW EMPLOYEE FOOD Administration 37.59 CARDMEMBER SERVICE 09/09/2021 117049 AC- POTBEL 101-41110-439 CC MEETING FOOD Mayor & Council 91.60 CARDMEMBER SERVICE 09/09/2021 117049 AC-HYDEE 0 101-41110-439 CC MEETING FOOD Mayor & Council 14.97 CARDMEMBER SERVICE 09/09/2021 117049 AE- 0730 BE 101-45200-223 PARK BENCH FOR SUMMIT BEACH Parks 294.30 CARDMEMBER SERVICE 09/09/2021 117049 AE- 082421- 225-16500 19-033 BIG ISLAND PARK PROJECT 3,691.31 CARDMEMBER SERVICE 09/09/2021 117049 CF- DEPUTY 101-42110-439 MEETING EXPENSE Police Department 49.00 CARDMEMBER SERVICE 09/09/2021 117049 CHEIF 08/18/101-42110-402 CAR WASH 261 Police Department 15.00 CARDMEMBER SERVICE 09/09/2021 117049 CHIEF- 0802 101-42110-402 CAR CARE ITEMS Police Department 8.00 CARDMEMBER SERVICE 09/09/2021 117049 DJ- 8/19 AM 101-45210-223 GOLF COUSE SUPLLIES Golf Course 39.00 CARDMEMBER SERVICE 09/09/2021 117049 DJ 819 AMA 101-45210-223 GOLF COUSE SUPLLIES Golf Course 54.79 CARDMEMBER SERVICE 09/09/2021 117049 DJ- BELSON 101-41300-439 MEETING LUNCH DEPT HEADS Administration 110.88 CARDMEMBER SERVICE 09/09/2021 117049 DJ- JEM TEC 701-49800-222 REPAIR PART UNIT 450 120.83 CARDMEMBER SERVICE 09/09/2021 117049 RO- 08/09 H 101-41110-439 HY-VEE- COOKIES Mayor & Council 4.99 Total 117049:4,865.17 CARGILL SALT 09/09/2021 117050 2906486018 101-43000-224 TREATED ROAD SALT Public Works Department 6,666.83 City of Orono Check Register - COUNCIL REPORT Page: 5 Check Issue Dates: 8/24/2021 - 9/13/2021 Sep 10, 2021 08:48AM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount Total 117050:6,666.83 CECE S SIGNS 09/09/2021 117051 8746 101-19999 SRING PARK DECALS 392.00 Total 117051:392.00 CENTERPOINT ENERGY MAIN 09/09/2021 117052 JULY232021 601-49400-381 GAS SERVICE 6/23/21-7/23/21 Water 755.07 CENTERPOINT ENERGY MAIN 09/09/2021 117052 JULY232021 602-49450-381 GAS SERVICE 6/23/21-7/23/21 Sewer 440.70 CENTERPOINT ENERGY MAIN 09/09/2021 117052 JULY232021 101-41900-381 GAS SERVICE 6/23/21-7/23/21 Central Services 94.35 CENTERPOINT ENERGY MAIN 09/09/2021 117052 JULY232021 101-42110-381 GAS SERVICE 6/23/21-7/23/21 Police Department 39.24 CENTERPOINT ENERGY MAIN 09/09/2021 117052 JULY232021 101-45210-381 GAS SERVICE 6/23/21-7/23/21 Golf Course 22.44 Total 117052:1,351.80 CENTURY LINK 09/09/2021 117053 GC PHONE/I 101-45210-321 GC PHONE/INTERNET Golf Course 233.04 Total 117053:233.04 CHUNKS LAKESHORE AUTO 09/09/2021 117054 0017459 101-42110-402 SQUAD MAINTENANCE Police Department 50.88 CHUNKS LAKESHORE AUTO 09/09/2021 117054 0017468 101-42110-402 SQUAD MAINTENANCE Police Department 348.84 CHUNKS LAKESHORE AUTO 09/09/2021 117054 0017488 101-42110-402 SQUAD MAINTENANCE Police Department 48.35 CHUNKS LAKESHORE AUTO 09/09/2021 117054 0017495 101-42110-402 SQUAD MAINTENANCE Police Department 82.82 CHUNKS LAKESHORE AUTO 09/09/2021 117054 0017529 101-42110-402 267 SERVICE Police Department 48.62 CHUNKS LAKESHORE AUTO 09/09/2021 117054 0017538 101-42110-402 #254 SERVICE - BRAKES Police Department 840.54 Total 117054:1,420.05 CITY OF WAYZATA 09/09/2021 117055 AUG 2021 W 601-49400-387 AUG 2021 WATER Water 4,176.75 CITY OF WAYZATA 09/09/2021 117055 AUG 2021 W 602-49450-387 AUG 2021 SEWER Sewer 8,622.80 Total 117055:12,799.55 COMMERCIAL ASPHALT 09/09/2021 117056 210815 101-43000-224 ASPHALT Public Works Department 876.71 Total 117056:876.71 DITTER INC.09/09/2021 117057 I9631 101-42110-404 BUILDING MAINTENACE PD AND CITY HALL Police Department 986.00 City of Orono Check Register - COUNCIL REPORT Page: 6 Check Issue Dates: 8/24/2021 - 9/13/2021 Sep 10, 2021 08:48AM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount Total 117057:986.00 EARL F ANDERSON & ASSOC 09/09/2021 117058 0127328-IN 101-45200-223 SIGNS Parks 813.35 EARL F ANDERSON & ASSOC 09/09/2021 117058 0127328-IN 101-43000-224 POSTS Public Works Department 258.20 EARL F ANDERSON & ASSOC 09/09/2021 117058 0127398-IN 101-45200-223 SIGNS Parks 483.30 Total 117058:1,554.85 ECM PUBLISHERS INC 09/09/2021 117059 849034 101-42400-340 AUGUST PH Building & Zoning 35.76 ECM PUBLISHERS INC 09/09/2021 117059 849188 101-45210-340 GOLF COUSE SEASONALS Golf Course 120.00 ECM PUBLISHERS INC 09/09/2021 117059 850061 101-41900-352 PARK-GC SUPER ADVERTISEMENT Central Services 192.00 ECM PUBLISHERS INC 09/09/2021 117059 850228 101-42110-352 NEWSPAPER AD Police Department 75.00 Total 117059:422.76 Emergency Medical Products Inc 09/09/2021 117060 2278362 101-42110-221 MED SUPPLIES Police Department 375.80 Total 117060:375.80 ESRI Inc 09/09/2021 117061 94092251 710-49970-416 ARCGIS LICENSING 198.00 Total 117061:198.00 ESS BROTHERS & SONS 09/09/2021 117062 BB6769 602-49450-227 MANHOLE METAL RISER RINGS Sewer 1,520.60 ESS BROTHERS & SONS 09/09/2021 117062 BB6810 602-49450-489 MANHOLE COVERS Sewer 165.00 Total 117062:1,685.60 FASTENAL 09/09/2021 117063 MNPLY1310 101-43000-226 PPE SAFETY GLASSES Public Works Department 21.30 Total 117063:21.30 FERGUSON WATERWORKS #25 09/09/2021 117064 0477237 Pay 601-49400-227 METERS FOR WATER METER INSTALLS FOR PR Water 13,790.00 FERGUSON WATERWORKS #25 09/09/2021 117064 0480377 601-49400-416 SOFTWARE MAINTENANCE/MAPPING Water 1,620.00 FERGUSON WATERWORKS #25 09/09/2021 117064 0480394 601-49400-416 SOFTWARE MAINTENANCE/MAPPING Water 2,920.00 FERGUSON WATERWORKS #25 09/09/2021 117064 2021-08 601-49400-227 METERS FOR WATER METER INSTALLS FOR PR Water 4,700.00 Total 117064:23,030.00 City of Orono Check Register - COUNCIL REPORT Page: 7 Check Issue Dates: 8/24/2021 - 9/13/2021 Sep 10, 2021 08:48AM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount Fricke & Sons Sod Inc 09/09/2021 117065 34785 101-45210-223 NEW TEE BOX SOD Golf Course 366.66 Total 117065:366.66 FULLERTON, JOHN 09/09/2021 117066 09092021 101-22205 ECROW REFUND SE20-000022 2435 COUNTRYS 1,000.00 Total 117066:1,000.00 G&H Distributing & Supply Inc 09/09/2021 117067 00155002 701-49800-221 HYDRANT HOSE 35.95 Total 117067:35.95 GENUINE PARTS COMPANY/NA 09/09/2021 117068 3270-514031 701-49800-221 REPAIR UNIT 714 EASEMENT MACHINE 11.39 GENUINE PARTS COMPANY/NA 09/09/2021 117068 3270-515232 701-49800-221 JACK STAND 93.92 GENUINE PARTS COMPANY/NA 09/09/2021 117068 3270-515337 701-49800-222 OIL FILTERS 237.79 GENUINE PARTS COMPANY/NA 09/09/2021 117068 3270-515421 701-49800-240 TIRE GAUGE 28.49 GENUINE PARTS COMPANY/NA 09/09/2021 117068 3270-516827 701-49800-221 TIRE REPAIR REFILLS 3.65 GENUINE PARTS COMPANY/NA 09/09/2021 117068 3270-516832 101-42110-240 FUSE Police Department 5.86 GENUINE PARTS COMPANY/NA 09/09/2021 117068 3270-516854 701-49800-222 OIL FILTERS 55.46 Total 117068:436.56 GOLF MAX 09/09/2021 117069 SI-325848 101-45210-095 PROLENGTH TEES Golf Course 240.33 GOLF MAX 09/09/2021 117069 SI-327284 101-45210-201 GOLF PENCILS Golf Course 251.90 Total 117069:492.23 GOPHER ACE 09/09/2021 117070 007735/1 101-43000-224 DRILL BIT Public Works Department 11.04 GOPHER ACE 09/09/2021 117070 007790/1 101-45200-223 JANITORAL SUPPLIES BIG ISLAND Parks 41.56 GOPHER ACE 09/09/2021 117070 007794/1 101-45200-223 TIE DOWN STRAPS Parks 37.99 GOPHER ACE 09/09/2021 117070 7554 602-49450-227 NUTS / BOLTS Sewer 1.98 Total 117070:92.57 GRAINGER INC 09/09/2021 117071 9031519060 601-49400-405 S WATER PLANT VALVE Water 370.82 Total 117071:370.82 GREAT LAKES COCA-COLA 09/09/2021 117072 3609214009 101-45210-092 POP Golf Course 349.86 City of Orono Check Register - COUNCIL REPORT Page: 8 Check Issue Dates: 8/24/2021 - 9/13/2021 Sep 10, 2021 08:48AM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount Total 117072:349.86 HAWKINS INC 09/09/2021 117073 5003044 601-49400-216 CHEMICALS Water 343.23 Total 117073:343.23 HEALTH PARTNERS 09/09/2021 117074 08272021 101-21706 HEALTH INSURANCE 9/2021 55,974.42 HEALTH PARTNERS 09/09/2021 117074 08272021 101-42110-135 HEALTH INS 9/2021 - POLICE CONT Police Department 717.47 HEALTH PARTNERS 09/09/2021 117074 08272021 101-15998 COBRA HEALTH INS 9/2021 717.47 Total 117074:57,409.36 Hennepin County Accounts Recei 09/09/2021 117075 1000169428 101-41550-302 2ND HALF 2021 ASSESSING SERVICES Assessing 104,000.00 Total 117075:104,000.00 HENNEPIN COUNTY INFOR TE 09/09/2021 117076 1000169505 101-42110-404 RADIO LEASE Police Department 2,472.92 HENNEPIN COUNTY INFOR TE 09/09/2021 117076 1000171050 101-43000-415 PW RADIOS Public Works Department 270.05 Total 117076:2,742.97 HENTGES, ANNE 09/09/2021 117077 2021-08 101-19999 SUPPLIES FOR CITY LUCHOEN 31.36 Total 117077:31.36 HERC U LIFT 09/09/2021 117078 S0114541 701-49800-221 BOBCAT FORK EXTENSIONS 800.00 Total 117078:800.00 JJ TAYLOR DIST LF MN 09/09/2021 117079 3144076 101-45210-091 CREDIT ON ACCOUNT Golf Course 72.00- JJ TAYLOR DIST LF MN 09/09/2021 117079 3166031 101-45210-091 BEER FOR CONCESSIONS Golf Course 595.80 JJ TAYLOR DIST LF MN 09/09/2021 117079 3177722 101-45210-091 BEER Golf Course 482.40 Total 117079:1,006.20 JLR GARAGE DOOR SERVICE I 09/09/2021 117080 65475 101-42110-404 BUILDING MAINTENANCE Police Department 173.00 Total 117080:173.00 City of Orono Check Register - COUNCIL REPORT Page: 9 Check Issue Dates: 8/24/2021 - 9/13/2021 Sep 10, 2021 08:48AM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount Joseph Thull 09/09/2021 117081 2021-08 101-34783 REFUND - DOCK RENTAL 480 BI 500.00 Total 117081:500.00 LEOWEBPROTECT.com 09/09/2021 117082 3238 101-42110-311 DATA PROCESSING Police Department 143.06 Total 117082:143.06 Lube Tech & Partners LLC 09/09/2021 117083 2685437 701-49800-212 FUEL NOZZLE PARTS 157.64 Lube Tech & Partners LLC 09/09/2021 117083 2687494 701-49800-212 10W -30 OIL 757.76 Total 117083:915.40 MACQUEEN EQUIPMENT 09/09/2021 117084 W08885 701-49800-222 UNIT #460 SWEEPER REPAIR 1,952.05 Total 117084:1,952.05 MANSFIELD OIL COMPANY 09/09/2021 117085 22546031 101-45210-212 DIESEL FUEL Golf Course 1,162.12 MANSFIELD OIL COMPANY 09/09/2021 117085 22569509 101-45210-212 DIESEL FUEL Golf Course 940.71 MANSFIELD OIL COMPANY 09/09/2021 117085 22569510 101-42110-212 UNLEADED FUEL Police Department 3,000.84 Total 117085:5,103.67 MHSRC/Range 09/09/2021 117086 629430-8774 101-42110-437 TRAINING Police Department 455.00 Total 117086:455.00 MINNEAPOLIS OXYGEN COMPA 09/09/2021 117087 00081048 101-42110-221 MEDICAL OXYGEN Police Department 78.90 MINNEAPOLIS OXYGEN COMPA 09/09/2021 117087 00081049 101-42110-221 OXYGEN Police Department 12.68 MINNEAPOLIS OXYGEN COMPA 09/09/2021 117087 81047 101-43000-415 ACETYLENE, OXYGEN Public Works Department 47.34 Total 117087:138.92 MINNESOTA EQUIPMENT 09/09/2021 117088 P54533 701-49800-221 POLE SAW REPAIR 40.59 MINNESOTA EQUIPMENT 09/09/2021 117088 P55697 701-49800-402 ROUGH MOWER REPAIRS 32.98 MINNESOTA EQUIPMENT 09/09/2021 117088 R38967 701-49800-403 REPAIR UNIT 603 1,303.70 Total 117088:1,377.27 Minnesota Topsoil 09/09/2021 117089 2021005 101-45210-223 TOPSOIL AND SCREENING MATERIAL Golf Course 3,024.50 City of Orono Check Register - COUNCIL REPORT Page: 10 Check Issue Dates: 8/24/2021 - 9/13/2021 Sep 10, 2021 08:48AM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount Total 117089:3,024.50 Modern Power Solutions LLC 09/09/2021 117090 791 701-49800-403 GENERATOR REPAIRS 3,548.48 Total 117090:3,548.48 MOUND TRUE VALUE 09/09/2021 117091 176888 101-42110-240 MISC SUPPLIES Police Department 20.98 MOUND TRUE VALUE 09/09/2021 117091 176889 101-42110-240 MISC SUPPLIES Police Department 13.99- MOUND TRUE VALUE 09/09/2021 117091 176908 101-42110-322 SHIPPING Police Department 30.06 MOUND TRUE VALUE 09/09/2021 117091 177108 101-42110-402 SQUAD SUPPLIES Police Department 13.99 Total 117091:51.04 MTI DISTRIBUTING INC 09/09/2021 117092 1317109-00 101-45210-404 IRRIGATION REPAIR Golf Course 136.28 MTI DISTRIBUTING INC 09/09/2021 117092 1320353-00 101-45210-404 IRRIGATION REPAIR Golf Course 155.86 Total 117092:292.14 MUNICIPAL CODE CORPORATI 09/09/2021 117093 00362442 101-41900-352 CODE OF ORDINANCE UPDATES Central Services 362.00 Total 117093:362.00 NAVARRE HARDWARE 09/09/2021 117094 332775 601-49400-322 UPS SHIPPING CHARGE Water 11.99 NAVARRE HARDWARE 09/09/2021 117094 332924 601-49400-240 MISC SUPPLIES Water 107.46 NAVARRE HARDWARE 09/09/2021 117094 332930 601-49400-240 MISC SUPPLIES Water 29.99 NAVARRE HARDWARE 09/09/2021 117094 333287 601-49400-240 MISC SUPPLIES Water 35.97 Total 117094:185.41 Navarre Minnoco 09/09/2021 117095 080321 701-49800-212 NON OXY FUEL 33.43 Total 117095:33.43 NORLINGS 09/09/2021 117096 39028 101-45200-404 LIVINGSTON PARK MAINTENANCE Parks 788.50 NORLINGS 09/09/2021 117096 39038 101-45200-404 NAVARRE PARK LANDSCAPE MAINTENANCE Parks 1,008.00 NORLINGS 09/09/2021 117096 39041 101-41900-404 CITY HALL & PD LANDSCAPE MAINTENANCE Central Services 592.50 Total 117096:2,389.00 City of Orono Check Register - COUNCIL REPORT Page: 11 Check Issue Dates: 8/24/2021 - 9/13/2021 Sep 10, 2021 08:48AM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount NOVA COMMUNICATIONS 09/09/2021 117097 148894 710-49970-401 PHONE SYSTEM - MIXI 45.00 Total 117097:45.00 Oertel Architects, Ltd 09/09/2021 117098 21-12.1 101-41900-319 PUBLIC WORKS BUILDING Central Services 13,419.38 Total 117098:13,419.38 OFFICE DEPOT 09/09/2021 117099 1815101710 101-41900-201 OFFICE SUPPLIES Central Services 103.92 Total 117099:103.92 OMANN CONTRACTING COMPA 09/09/2021 117100 2021 STREE 435-20600 20-001 2020 STREET IMPROVEMENT PROJECT 399,147.94 Total 117100:399,147.94 On Time Delivery Service Inc.09/09/2021 117101 344390 101-41900-322 DELIVERY - CAMPBELL KNUTSON Central Services 54.54 Total 117101:54.54 ON-SITE MEDICAL SERVICES I 09/09/2021 117102 27432 101-42110-319 MASK/HEARING TESTING Police Department 1,952.00 Total 117102:1,952.00 POOL, BRODY 09/09/2021 117103 2021-08 PO 101-43000-226 PPE BRODY Public Works Department 179.95 Total 117103:179.95 ROYLE LLC 09/09/2021 117104 125 101-45200-223 GATE FOR LYDIARD BEACH Parks 700.00 Total 117104:700.00 RYAN AUTO MALL 09/09/2021 117105 651830 101-42110-402 SQUAD REPAIR Police Department 1,832.23 Total 117105:1,832.23 SCHOENZEIT, LAURA J 09/09/2021 117106 081120 101-41410-101 2020 PRIMARY ELECTION JUDGE PAY Elections 90.00 Total 117106:90.00 City of Orono Check Register - COUNCIL REPORT Page: 12 Check Issue Dates: 8/24/2021 - 9/13/2021 Sep 10, 2021 08:48AM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount SECOND NATURE GRAPHICS 09/09/2021 117107 430 101-41900-201 BUSINESS CARDS, AE, DG, BW Central Services 162.00 Total 117107:162.00 SHAUGHNESSY LAWN CARE 09/09/2021 117108 2021-09 101-45200-404 PARK MOWING Parks 11,787.00 Total 117108:11,787.00 SiteOne Landscape Supply LLC 09/09/2021 117109 112288768-0 101-45210-223 IRRAGATION SUPPLIES Golf Course 84.90 Total 117109:84.90 STAR TRIBUNE 09/09/2021 117110 1069427- PD 101-42110-208 PERIODICALS Police Department 146.90 Total 117110:146.90 STONEWOOD LLC 09/09/2021 117111 PERMIT RPS 101-22205 ESCROW REFUND - RPS19-000107 1,000.00 Total 117111:1,000.00 STREICHERS POLICE EQUIP 09/09/2021 117112 1513415 101-42110-226 UNIFORMS - DEBOUSKI Police Department 957.00 STREICHERS POLICE EQUIP 09/09/2021 117112 1513589 101-42110-226 UNIFORMS - WESSELS Police Department 69.99 STREICHERS POLICE EQUIP 09/09/2021 117112 1513687 101-42110-580 SPECIAL EQUIPMENT - TOURNIQUETS Police Department 59.98 STREICHERS POLICE EQUIP 09/09/2021 117112 1514982 101-42110-226 UNIFORMS AND EQUIPMENT - HWAY Police Department 230.95 STREICHERS POLICE EQUIP 09/09/2021 117112 1516253 101-42110-226 UNIFORMS - DEMOUSKI Police Department 194.99 Total 117112:1,512.91 STS Staffing & Temporary Service 09/09/2021 117113 5206622 101-41500-104 TEMP HELP - PPE 08/08/21 Finance Department 840.00 Total 117113:840.00 SUBURBAN RATE AUTHORITY 09/09/2021 117114 2021-08 101-41110-433 2021 SRA MEMBERSHIP Mayor & Council 461.00 Total 117114:461.00 TALLEN AND BAERTSCHI 09/09/2021 117115 2021-06 101-41600-306 PROSECUTION SERVICES-06/2021 Law/Legal Services 2,904.33 Total 117115:2,904.33 City of Orono Check Register - COUNCIL REPORT Page: 13 Check Issue Dates: 8/24/2021 - 9/13/2021 Sep 10, 2021 08:48AM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount TimeSaver Off Site Secretarial Inc 09/09/2021 117116 M26692 101-41300-319 CC MEETING MINUTES Administration 401.88 TimeSaver Off Site Secretarial Inc 09/09/2021 117116 M26692 101-42400-319 PC MINUTES Building & Zoning 151.00 Total 117116:552.88 U.S. AutoForce 09/09/2021 117117 7399860 101-42110-402 SQUAD TIRES Police Department 977.04 Total 117117:977.04 UNIFIRST CO 09/09/2021 117118 0900630841 101-43000-404 RUGS Public Works Department 19.50 UNIFIRST CO 09/09/2021 117118 0900630841 701-49800-221 SHOP TOWELS 5.70 UNIFIRST CO 09/09/2021 117118 0900630841 101-43000-226 UNIFORMS Public Works Department 100.38 UNIFIRST CO 09/09/2021 117118 0900633602 701-49800-221 SHOP TOWELS 5.70 UNIFIRST CO 09/09/2021 117118 0900633602 101-43000-404 RUGS Public Works Department 19.50 UNIFIRST CO 09/09/2021 117118 0900633602 101-43000-226 UNIFORMS Public Works Department 140.57 UNIFIRST CO 09/09/2021 117118 0900636350 101-43000-226 UNIFORMS - PW Public Works Department 97.12 UNIFIRST CO 09/09/2021 117118 0900636350 701-49800-221 SHOP TOWELS - PW 5.70 UNIFIRST CO 09/09/2021 117118 0900636350 101-43000-404 RUGS - PW Public Works Department 19.50 UNIFIRST CO 09/09/2021 117118 0900637719 101-43000-226 UNIFORMS - PW Public Works Department 97.12 UNIFIRST CO 09/09/2021 117118 0900637719 701-49800-221 SHOP TOWELS - PW 5.70 UNIFIRST CO 09/09/2021 117118 0900637719 101-43000-404 RUGS - PW Public Works Department 19.50 UNIFIRST CO 09/09/2021 117118 0900639113 101-43000-226 UNIFORMS - PW Public Works Department 97.12 UNIFIRST CO 09/09/2021 117118 0900639113 701-49800-221 SHOP TOWELS - PW 5.70 UNIFIRST CO 09/09/2021 117118 0900639113 101-43000-404 RUGS - PW Public Works Department 19.50 UNIFIRST CO 09/09/2021 117118 0900640483 101-43000-226 UNIFORMS - PW Public Works Department 97.12 UNIFIRST CO 09/09/2021 117118 0900640483 101-43000-404 RUGS - PW Public Works Department 19.50 UNIFIRST CO 09/09/2021 117118 0900640483 701-49800-221 SHOP TOWELS - PW 5.70 UNIFIRST CO 09/09/2021 117118 090064083 101-43000-226 UNIFORMS Public Works Department 97.12 UNIFIRST CO 09/09/2021 117118 090064083 101-43000-404 RUGS Public Works Department 19.50 UNIFIRST CO 09/09/2021 117118 090064083 701-49800-221 SHOP TOWELS 5.70 UNIFIRST CO 09/09/2021 117118 0900641871 101-43000-404 RUGS - PW Public Works Department 19.50 UNIFIRST CO 09/09/2021 117118 0900641871 701-49800-221 SHOP TOWELS - PW 5.70 UNIFIRST CO 09/09/2021 117118 0900641871 101-43000-226 UNIFORMS - PW Public Works Department 95.32 UNIFIRST CO 09/09/2021 117118 0900643243 101-43000-404 RUGS Public Works Department 19.50 UNIFIRST CO 09/09/2021 117118 0900643243 701-49800-221 SHOP TOWELS 5.70 UNIFIRST CO 09/09/2021 117118 0900643243 101-43000-226 UNIFORMS Public Works Department 95.32 UNIFIRST CO 09/09/2021 117118 0900646009 101-43000-404 RUGS - PW Public Works Department 19.50 UNIFIRST CO 09/09/2021 117118 0900646009 701-49800-221 SHOP TOWELS - PW 5.70 UNIFIRST CO 09/09/2021 117118 0900646009 101-43000-226 UNIFORMS - PW Public Works Department 89.97 City of Orono Check Register - COUNCIL REPORT Page: 14 Check Issue Dates: 8/24/2021 - 9/13/2021 Sep 10, 2021 08:48AM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount Total 117118:1,259.16 VARNER MOBILE SERVICES LL 09/09/2021 117119 8931 701-49800-402 REPAIR UNIT 713 122.50 Total 117119:122.50 WILLIAMS TOWING 09/09/2021 117120 155127 231-45650-436 FORFEITURE TOW 155.00 Total 117120:155.00 Yamaha Golf & Utility 09/09/2021 117121 01-241878 101-45210-415 GOLF CART RENTAL Golf Course 1,650.00 Yamaha Golf & Utility 09/09/2021 117121 01-243186 101-45210-415 GOLF CART RENTAL Golf Course 1,650.00 Total 117121:3,300.00 YAMAHA MOTOR CORP.09/09/2021 117122 751206 101-45210-415 GOLF CART RENTAL Golf Course 1,647.00 YAMAHA MOTOR CORP.09/09/2021 117122 751266 101-45210-415 GOLF CART LEASE Golf Course 295.00 Total 117122:1,942.00 ZAHL EQUIPMENT 09/09/2021 117123 0265530-IN 701-49800-403 ANNUAL HOIST INSPECTION 2,485.56 Total 117123:2,485.56 BOYER TRUCKS INC 09/10/2021 117124 03P5276 701-49800-402 REPAIR DUMP TRUCK 46.99 BOYER TRUCKS INC 09/10/2021 117124 03P6535 701-49800-221 UNIT 857 GEN REPAIR 32.24 Total 117124:79.23 ICMA RETIREMENT TRUST 45 09/10/2021 117125 090920021 101-21705 457 - 09/09/2021 1,866.00 Total 117125:1,866.00 MANSFIELD OIL COMPANY 09/10/2021 117126 22590169 101-42110-212 UNLEADED FUEL Police Department 934.09 MANSFIELD OIL COMPANY 09/10/2021 117126 22590170 101-45210-212 DIESEL FUEL Golf Course 948.80 Total 117126:1,882.89 MNSPECT LLC 09/10/2021 117127 8752 101-42400-310 AUGUST BUILDING SERVICES Building & Zoning 27,141.25 City of Orono Check Register - COUNCIL REPORT Page: 15 Check Issue Dates: 8/24/2021 - 9/13/2021 Sep 10, 2021 08:48AM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount Total 117127:27,141.25 TITAN MACHINERY 09/10/2021 117128 15956796-G 701-49800-403 429 INSPECTION 802.56 Total 117128:802.56 WESTSIDE WHOLESALE TIRE 09/10/2021 117129 890174 701-49800-402 TIRE REPAIRS UNIT 409 623.08 Total 117129:623.08 FURTHER 08/27/2021 201300 2021-08 101-41900-319 ADMINISTRATION FEE Central Services 45.00 Total 20130095:45.00 MN DEPT OF REVENUE-WIRE 08/30/2021 201300 2021-07 601-39610 SALES TAX 07/2021 WATER METER SALES 49.00 MN DEPT OF REVENUE-WIRE 08/30/2021 201300 2021-07 601-39610 SALES TAX 07/2021 WATER METER SALES 49.00- MN DEPT OF REVENUE-WIRE 08/30/2021 201300 2021-07 601-20806 SALES TAX 07/2021 WATER TAXABLE SALES 1,330.00 MN DEPT OF REVENUE-WIRE 08/30/2021 201300 2021-07 601-20806 SALES TAX 07/2021 WATER TAXABLE SALES 1,330.00- MN DEPT OF REVENUE-WIRE 08/30/2021 201300 2021-07 101-37910 SALES TAX 07/2021 GREEN FEES 3,612.00 MN DEPT OF REVENUE-WIRE 08/30/2021 201300 2021-07 101-37910 SALES TAX 07/2021 GREEN FEES 3,612.00- MN DEPT OF REVENUE-WIRE 08/30/2021 201300 2021-07 101-37920 SALES TAX 07-2021 RENTALS 1,668.00 MN DEPT OF REVENUE-WIRE 08/30/2021 201300 2021-07 101-37920 SALES TAX 07-2021 RENTALS 1,668.00- MN DEPT OF REVENUE-WIRE 08/30/2021 201300 2021-07 101-37930 SALES TAX 07/2021 BEER 322.00 MN DEPT OF REVENUE-WIRE 08/30/2021 201300 2021-07 101-37930 SALES TAX 07/2021 BEER 322.00- MN DEPT OF REVENUE-WIRE 08/30/2021 201300 2021-07 101-37940 SALES TAX 07/2021 CONCESSIONS 168.00 MN DEPT OF REVENUE-WIRE 08/30/2021 201300 2021-07 101-37940 SALES TAX 07/2021 CONCESSIONS 168.00- MN DEPT OF REVENUE-WIRE 08/30/2021 201300 2021-07 101-37960 SALES TAX 07/2021 GOLF BALLS 90.00 MN DEPT OF REVENUE-WIRE 08/30/2021 201300 2021-07 101-37960 SALES TAX 07/2021 GOLF BALLS 90.00- MN DEPT OF REVENUE-WIRE 08/30/2021 201300 2021-07 101-37970 SALES TAX 07/2021 PRO SHOP 12.00 MN DEPT OF REVENUE-WIRE 08/30/2021 201300 2021-07 101-37970 SALES TAX 07/2021 PRO SHOP 12.00- MN DEPT OF REVENUE-WIRE 08/30/2021 201300 2021-07 101-37980 SALES TAX 07/2021 CLOTHING CAPS 33.00 MN DEPT OF REVENUE-WIRE 08/30/2021 201300 2021-07 101-37980 SALES TAX 07/2021 CLOTHING CAPS 33.00- Total 20130096:.00 City of Orono Utilities 09/02/2021 201300 2021-07 CH&101-41900-382 JULY 2021 UB - CH Central Services 647.12 City of Orono Utilities 09/02/2021 201300 2021-07 CH&101-42110-382 JULY 2021 UB - PD Police Department 647.12 City of Orono Utilities 09/02/2021 201300 2021-07 CH&101-41900-382 JULY 2021 UB - PW Central Services 156.50 City of Orono Utilities 09/02/2021 201300 2021-07 CH&601-49400-382 JULY 2021 UB- WATER PLANT Water 145.54 City of Orono Check Register - COUNCIL REPORT Page: 16 Check Issue Dates: 8/24/2021 - 9/13/2021 Sep 10, 2021 08:48AM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount City of Orono Utilities 09/02/2021 201300 2021-07 CH&101-41900-382 JULY 2021 UB - PO Central Services 84.56 Total 20130097:1,680.84 PAYCHEX 09/09/2021 201300 1488521 710-49970-416 KIOSKS X3 75.00 PAYCHEX 09/09/2021 201300 2021-08 710-49970-416 KIOSKS X3 75.00 Total 20130098:150.00 MN DEPT OF REVENUE-WIRE 09/09/2021 201300 2021-0731 601-39610 WATER METER SALES TAX 2021/07 49.00 MN DEPT OF REVENUE-WIRE 09/09/2021 201300 2021-0731 601-20806 WATER TAXABLE SALES - SALES TAX 2021-07 1,330.00 MN DEPT OF REVENUE-WIRE 09/09/2021 201300 2021-0731 101-37910 GREEN FEES - SALES TAX 2021-07 3,612.00 MN DEPT OF REVENUE-WIRE 09/09/2021 201300 2021-0731 101-37920 RENTALS - SALES TAX 2021-07 1,668.00 MN DEPT OF REVENUE-WIRE 09/09/2021 201300 2021-0731 101-37930 BEER - SALES TAX 2021-07 322.00 MN DEPT OF REVENUE-WIRE 09/09/2021 201300 2021-0731 101-37940 CONCESSIONS - SALES TAX 2021-07 168.00 MN DEPT OF REVENUE-WIRE 09/09/2021 201300 2021-0731 101-37960 GOLF BALLS - SALES TAX 2021-07 90.00 MN DEPT OF REVENUE-WIRE 09/09/2021 201300 2021-0731 101-37970 PRO SHOP - SALES TAX 2021-07 12.00 MN DEPT OF REVENUE-WIRE 09/09/2021 201300 2021-0731 101-37980 CLOTHING -TAXABLE CAPS- SALES TAX 2021-07 33.00 Total 20130099:7,284.00 PSN: PAYMENT SERVICE INVOI 09/09/2021 201301 241407 602-49450-312 SEWER FUND PSN FEES Sewer 422.40 PSN: PAYMENT SERVICE INVOI 09/09/2021 201301 241407 601-49400-312 WATER FUND PSN FEES Water 208.05 PSN: PAYMENT SERVICE INVOI 09/09/2021 201301 241550 101-41900-312 MISC PSN FEES Central Services 2.50 PSN: PAYMENT SERVICE INVOI 09/09/2021 201301 241713 101-41900-312 BUILDING PERMIT PSN FEES Central Services 13.50 Total 20130100:646.45 Grand Totals: 1,177,652.87 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. Exhibits A. Listing of Rental License Item No.: 4 Date: September 13, 2021 Item Description: Approval of Rental License Presenter: Anna Carlson, City Clerk Agenda Section: Consent Agenda Exhibit A City Council 2021 Rental License Renewals RL21-000013 661 Sandstone Circle 100 RL21-000014 3670 Togo Road 100 License# Licensee Total License Fees AGENDA ITEM Prepared By: A. Carlson Reviewed By: A. Carlson Approved By: 1. The Long Lake Fire Chief James Van Eyll will be presenting this item. Exhibits A. LLFD Purchase Request Memo Item No.: 5 Date: September 13, 2021 Item Description: Long Lake Fire Command Vehicle Purchase Presenter: James Van Eyll, Fire Chief Agenda Section: Consent Agenda AGENDA ITEM Prepared By: Reviewed By: A. Carlson Approved By: 1. Purpose. The purpose of this item is to gain council approval of the proposal for engineering and survey support for the project design. 2. Background. In 2020 the City Council expressed an interest in procuring land and constructing a new public works facility. In October for 2020 Wold Architects and Engineering with collaboration from Bolton and Menk, Inc. (BMI) conducted a feasibility study. The City acquired the parcel at 365 OCB in January of this year. In June the Council awarded architecture portion of the design to Oertel for a fee of $390,231.00. Bolton and Menk is providing the civil engineering and survey support for the design efforts. 3. Project Scope. The overall scope of the work will be to construct a new public works facility at 365 OCB. The scope of civil engineering and survey support includes site survey, site design and layout, wetland delineation, preparation of construction documents. 4. Cost. Bolton and Menk provided a fee not to exceed $79,400. (Exhibit A) 5. Funding. Funding for design will come from the building fund and municipal bonds. COUNCIL ACTION REQUESTED Motion to accept Bolton and Menk’s proposal for the provision of civil engineering and survey services in support of the new public works facility design. Exhibits A. Civil Engineering and Survey Services proposal for the New Public Works Facility. Item No.: 6 Date: September 13, 2021 Item Description: Public Works Facility Civil Engineering and Survey Proposal Presenter: Adam T. Edwards, P.E City Administrator / City Engineer Agenda Section: Consent Agenda H:\ORNO\2021 New Projects\Public Works Facility Engineering Support.docx September 7, 2021 City of Orono Attn: Adam Edwards PO Box 66 Orono, MN 55323 RE: Public Works Facility Engineering /Survey Support Dear Adam: As requested, we have prepared a scope of services and fee estimate for engineering support needed for the new public works facility design. It is our understanding that the project will include new buildings, parking lots, service drives, retaining walls, and stormwater management features. Our work will be coordinated with Oertel Architects who has been contracted by the City for Architectural Services and HKGI who has been hired by Oertel to provide Landscape Architecture services. Based on our understanding of the project, we propose the following scope of work: 1. Data Collection - $33,500 a. Perform a site survey consistent with city requirements. b. Location and elevation of all structures on adjacent properties within 50’ of lot lines. c. Topographic contours at 2’ contours on the entire lot and 50’ outside of lot lines. d. Complete a tree survey for all trees with a diameter of 6” and greater . 2. Schematic Design - $4,200 a. Coordinate with a sub-consultant to obtain soil boring data with analysis and report on structural capabilities of soils to support proposed improvements and document existing soil and pavement conditions. b. Visit project site to identify natural and man -made constraints which may affect the proposed projects. c. Gather design guidelines from City, Watershed District, and appropriate review agencies. d. Meet with Architect and Owner’s user groups to understand their goals and objectives for the project. e. Analyze gathered data and review data with Architect and Owner to allow Architect to develop schematic design level drawings to present and review with the Owner. 3. Wetland Services - $3,800 a. Complete a Level II delineation for all aquatic resource boundaries within the subject parcels. b. Provide information and/or an on-site meeting with reviewing agencies during the review process. Public Works Facility September 7, 2021 Page 2 H:\ORNO\2021 New Projects\Public Works Facility Engineering Support.docx 4. Design Development - $17,300 a. Prepare Design Development Plans incorporating design requirements set forth in previous phase. b. Prepare Opinion of Probable Construction Costs. c. Review Design Development Pla ns and Opinion of Probable Construction Costs with Owner and Architect and prepare ‘final’ Design Development Documents for submittal to review agencies (City and Watershed District). d. With the Architect, meet and present Plans to City for review. e. Review cost estimate in relation to Owner’s budget and refine scope as necessary. f. Obtain approval from the City to proceed to the Construction Document phase. 5. Construction Documents - $19,600 a. Prepare Construction Documents based on approved Design Develop ment Plans, including working drawings and technical specifications. b. Assist Architect in preparing Proposal and Bidding documents. i. General, supplemental, and special conditions of the contract to be prepared by Architect. c. Submit documents to Architect and City for review and approval for bidding. d. Attend meetings, as required, to support Owner in receiving approval of the project. e. Attend City meetings, as required, to support Owner in receiving approval of the project by the regulatory agencies. 6. Bidding - $1,000 a. Advertisement for bids to be prepared by Architect. b. Assist Architect in obtaining bids. c. Prepare addenda during the bidding phase. d. Answer questions regarding the site plans to assist contractors in their bidding. e. Assist Architect in analyzing bids. Our scope of services does not include the following: • Soil borings • Site electrical design / site lighting • Environmental studies • EAW preparation • Wetland mitigation plan preparation • Poured-in-place retaining walls • Building drain tile, waterproofing, vapor barriers • Obtaining drainage easements, negotiating drainage easements with adjacent property owners, or similar, related to extending drainage towards the east drainage ditch. Fee Estimate Based on the scope of services described above, we propose a not-to -exceed fee of $79,400 to be billed on an hourly basis. We anticipate approximately 700 staff hours will be needed to complete the tasks described above. Once the Construction Contract is awarded, Bolton & Menk will prepare a separate scope and fee estimate for construction phase services. Public Works Facility September 7, 2021 Page 2 H:\ORNO\2021 New Projects\Public Works Facility Engineering Support.docx Please let me know if you have questions or need additional information. Sincerely, Bolton & Menk, Inc. David P. Martini, P.E. Principal Engineer Prepared By: Reviewed By: A. Carlson Approved By: 1. Purpose. The purpose of this action item is to approve the final payment to the contractor and close the project out. 2. Background. Walters Port Lane is a private roadway. The residents are serviced by a city water main that runs under and adjacent to the roadway. On February 8th the Council awarded the project to Schneider Excavating. On April 26th the Council approved change order #1. The project is now complete and all project close out documentation has been submitted. 3. Project Scope of Work. The project consisted of the replacement of 955 feet of water main, 2 fire hydrant, 4 valves and curb stop reconnections. 4. Cost. The final pay request is for $10,345.51. The total cost of work performed by the contractor is $206,910.12. The Bid Amount with change order was for $216,777.50. 5. Funding. The project was funded by the Water Fund. 6. Staff Recommendation. I recommend approval of the final payment and close out of the project. COUNCIL ACTION REQUESTED Move to approve the final pay request of $10,345.51 to Schneider Excavating and closeout of the Walters Port Water Main Project. Reference A. Final Pay Request Item No.: 7 Date: September 13, 2021 Item Description: Walters Port Water Main Replacement Project (21-022) Final Pay Request and Project Closeout Presenter: Adam Edwards City Administrator/City Engineer Agenda Section: Consent Agenda H:\ORNO\0C1123366\7_Construction\D_Pay Applications\Final\123366 Final.doc September 2, 2021 City of Orono Attn: Adam Edwards 2750 Kelley Parkway Orono, MN 55356 Re: Walters Port Watermain Improvements – Final Pay Application Dear Mr. Edwards: Enclosed is the Final Payment Request from Schneider Excavating for work completed on the Walters Port Watermain Improvements. All punch list work is complete. We have reviewed the estimate, verified the quantities, and recommend final payment in the amount of $10,345.51. Please contact me if you have any questions or need additional information. Sincerely, BOLTON & MENK, INC. David P. Martini Principal Engineer AGENDA ITEM Prepared By: Reviewed By: A. Carlson Approved By: 1. Purpose. The purpose of this action item is to close the 2020 Sanitary Sewer Rehabilitation Project (20-014) and make final payment to the contractor. 2. Background. Metropolitan Council Environmental Services (MCES) provides sanitary sewer treatment for the majority of communities (including Orono) in metropolitan area. Since 2005, MCES has identified Orono as one of the communities who contribute excessive Inflow and Infiltration (I & I). The City has been executing a sanitary sewer rehabilitation project annually to reduce I & I. Each year the City works to identify inflow and infiltration points within the sanitary sewer system thought our annual inspection program. These sites then inform our rehabilitation efforts for the year. In 2020 the City received an excessive flow work plan assignment from MCES based on excessing flows in 2019 for $363,540. I & I mitigation projects in 2020-24 may be used to accomplish the assignment. 3. Scope. The project included the lining of 5,427 feet of Sewer Main and rehabilitation (sealing) of 32 sanitary sewer manholes. 4. Cost. The final pay request (Exhibit A) for the project is for $34,245.58. The total amount payed to the contractor for the project will be $233,777.48. The bid amount for the project was $275,718.18. 5. Funding. The project is funded from the Sanitary Sewer Fund. 6. Staff Recommendation. I recommend council close the project and authorize the final payment to the contractor, Insituform Technologies. The project is complete and all for the required project closeout documentation has been received. COUNCIL ACTION REQUESTED Motion to approve the final payment of $34,245.58 to Insituform Technologies for the 2020 Sanitary Sewer Rehabilitation project and to close the project out. Exhibits A. Pay Request Item No.: 8 Date: September 13, 2020 Item Description: 20-014 Sewer Rehabilitation – Final Pay Request and Project Closeout Presenter: Adam T. Edwards, P.E. City Administrator /City Engineer Agenda Section: Consent Agenda H:\ORNO\C13120356\7_Construction\E_Pay Applications\PE #1\120356_Pay Request #2-Final Cover Letter.doc July 21st, 2021 City of Orono Adam Edwards – Director of Public Works & City Engineer 2750 Kelly Parkway Orono, MN 55356 Re: 2020 Sewer Improvements – Pay Request No. 2-Final BMI Project No. C13.120356 Dear Mr. Edwards: Enclosed is Payment Request No. 2-Final from Insituform Technologies for work completed on the 2020 Sewer Improvements project from January 28th, 2021 to June 24th, 2021. Work to date includes installation of Cured In-Place Pipe (CIPP), Service Lateral Reinstatements, Cementitious Structure Lining, Structure Joint Sealing, Structure Bench & Invert Reconstruction, and other work to prevent Inflow & infiltration into the Sanitary Sewer System. We have reviewed the estimate, verified the quantities, and recommend final payment to the contractor in the amount of $34,245.58. The detail for this amount is attached. At this time, the project is complete. The total on this estimate includes the release of previously withheld retainage. Please contact me if you have any questions or need additional information. Sincerely, BOLTON & MENK, INC. Brian D. Simmons, P.E. Project Engineer DATE: 6/24/2021 CONTRACTOR'S PAY REQUEST NO. 2 & Final CONTRACTOR Insituform Technologies 2020 SEWER IMPROVEMENTS OWNER City of Orono BMI PROJECT NO. C17.120356 ENGINEER Bolton & Menk FOR WORK COMPLETED FROM 1/28/2021 THROUGH 6/24/2021 TOTAL AMOUNT BID........………..........................................…….........................................................................................................…………..275,718.18$ APPROVED CHANGE ORDERS……………………………………………………………………………………………………………………….-$ CURRENT CONTRACT AMOUNT…………………………………………………………………………………………………………………………….275,718.18$ TOTAL, COMPLETED WORK TO DATE...................................................................................................................…..……………........................233,777.48$ TOTAL, STORED MATERIALS TO DATE.......................................................................……………............................................……..............-$ DEDUCTION FOR STORED MATERIALS USED IN WORK COMPLETED..............................................................................................-$ TOTAL, COMPLETED WORK & STORED MATERIALS.......................................................................................…........……………....................233,777.48$ RETAINED PERCENTAGE (0%) ..............................................................................................................................…................................................................-$ TOTAL AMOUNT OF OTHER DEDUCTIONS.....................................……………............................................…………………………........................-$ NET AMOUNT DUE TO CONTRACTOR TO DATE..................................................................…............................................................................233,777.48$ TOTAL AMOUNT PAID ON PREVIOUS ESTIMATES ............................................................................................................…….................199,531.90$ PAY CONTRACTOR AS ESTIMATE NO. 2&Final................................................................................…...................................................................…34,245.58$ Certificate for Final Payment I hereby certify that, to the best of my knowledge and belief, all items quantities and prices of work and material shown on this Estimate are correct and that all work has been performed in full accordance with the terms and conditions of the Contract for this project between the Owner and the undersigned Contractor, and as amended by any authorized changes, and that the foregoing is a true and correct statement of the amount for the Final Estimate, that the provisions of M. S. 290.92 have been complied with and that all claims against me by reason of the Contract have been paid or satisfactorily secured. Contractor: Insituform Technologies 1140 Bunker Lake Blvd. Anoka, MN 55303 By Name Title Date CHECKED AND APPROVED AS TO QUANTITIES AND AMOUNT: BOLTON & MENK, INC., ENGINEERS, 2638 SHADOW LN, SUITE 200, CHASKA MN 55318 By , PROJECT ENGINEER Brian D. Simmons Date APPROVED FOR PAYMENT: Owner: CITY OF ORONO By Name Title Date City Engineer 8 Sep 21 DA T E : 6/ 2 4 / 2 0 2 1 PR O J E C T : CO N T R A C T O R : In s i t u f o r m T e c h n o l o g i e s FI L E P A T H : H : \ O R N O \ C 1 3 1 2 0 3 5 6 \ 7 _ C o n s t r u c t i o n \ E _ P a y A p p li c a t i o n s \ [ 1 2 0 3 5 6 P a y A p p . x l s ] P R 2 IT E M BI D U N I T NO . BI D I T E M UN I T QU A N T I T Y PR I C E Q U A N T I T Y A M O U N T Q U A N T I T Y A M O U N T PA R T A : P R O R A T A 1 M O B I L I Z A T I O N LS 1 $ 1 , 1 4 0 . 7 0 0. 2 0 2 2 8 . 1 4 1 . 0 0 $1,140.70 2 T R A F F I C C O N T R O L LS 1 $ 3 , 6 1 5 . 4 0 0. 2 0 7 2 3 . 0 8 1 . 0 0 $3,615.40 3 B Y P A S S P L A N LS 1 $ 2 , 2 4 0 . 9 0 0. 2 0 4 4 8 . 1 8 1 . 0 0 $2,240.90 PA R T B : M A N H O L E R E H A B - 4 C H I M N E Y S E A L EA 7 $ 1 , 4 5 0 . 3 0 - 8 . 0 0 $11,602.40 5 M A N H O L E J O I N T S E A L I N G EA 19 $ 8 2 8 . 7 0 1 8 2 8 . 7 0 2 0 . 0 0 $16,574.00 6 S E A L / R E C O N S T R U C T P I P E C O N N E C T I O N S EA 7 $ 8 2 8 . 7 0 - 7 . 0 0 $5,800.90 7 M A N H O L E L I N I N G ( C E M E N T ) LF 11 8 . 7 $ 5 0 2 . 4 0 - 1 1 8 . 7 0 $59,634.88 8 M I S C E L L A N E O U S G R O U T I N G GA L 50 $ 2 5 3 . 8 0 2 5 0 7 . 6 0 6 . 0 0 $1,522.80 PA R T C : C I P P - 9 C U R E D I N P L A C E P I P E ( C I P P ) A P P R O X I M A T E L Y 8 " M E A S U R E LF 51 0 5 $ 2 8 . 7 0 70 4 2 0 , 2 0 4 . 8 0 3 , 9 7 8 . 0 0 $114,168.60 10 C U R E D I N P L A C E P I P E ( C I P P ) A P P R O X I M A T E L Y 1 0 " M E A S UR E LF 32 2 $ 3 3 . 9 0 - 3 2 2 . 0 0 $10,915.80 11 L A T E R A L R E I N S T A T E M E N T ( A N Y S I Z E ) EA 45 $ 1 3 3 . 9 0 6 8 0 3 . 4 0 4 9 . 0 0 $6,561.10 12 P R O T R U D I N G T A P T R I M M I N G ( N O N - I R O N , A N Y S I Z E ) EA 2 $ 4 1 4 . 4 0 - - - 13 P R O T R U D I N G T A P T R I M M I N G ( I R O N , A N Y S I Z E ) EA 1 $ 4 1 4 . 4 0 - - -$23,743.90 $ 2 3 3 , 7 7 7 . 4 8 TH I S M O N T H T O D A T E RE Q U E S T F O R P A Y M E N T RE Q U E S T N O . : 2 & Final 20 2 0 S E W E R I M P R O V E M E N T S OR I G I N A L B I D COMPLETED AGENDA ITEM Prepared By: DJ Reviewed By: A.Carlson 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-$20.00 for the Clubhouse Manager. The Clubhouse Manager will be exempt from the 6 month PERA Rule. All other employees will be seasonal and fall under the 6 month PERA Classification and are therefore excluded from PERA membership. 3. Seasonal Employee Appointments and Candidates. Name Position Wage ($/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 Approved 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 Request Approval Sept. Kim Middendorf Clubhouse Attendant $13.00 Returnee 4. Staff Recommendation. I recommend 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.: 9 Date: September 13, 2021 Item Description: Appointment of 2021 Seasonal Employees Presenter: DJ Goman PW. Superintendent Agenda Section: Consent Agenda AGENDA ITEM Prepared By: Correy Farniok Reviewed By: A. Carlson Approved By: 1. Purpose. The purpose of this action item is to gain approval accepting Officer William Carstens letter of resignation. 2. Background. William Carstens was hired as a police officer by the City of Orono on April 24, 2016. William Carstens has submitted a letter of resignation. William Carstens last day is September 19, 2021. William Carstens has accepted a police officer position with the city of Wayzata. The police department wishes William Carstens the best of luck in all of his future endeavors and for his service to the citizens of Orono, Mound, Spring Park and Minnetonka Beach. 3. Staff Recommendation. I recommend accepting the resignation of William Carstens effective September 19, 2021 COUNCIL ACTION REQUESTED Motion to approve the resignation of William Carstens effective September 19, 2021. Item No.: 10 Date: September 13, 2021 Item Description: Authorization to Accept William Carstens Resignation Presenter: Correy Farniok, Police Chief Agenda Section: Consent Agenda AGENDA ITEM Prepared By: mcc Reviewed By: J. Barnhart Approved By: 1. Purpose. To adopt a resolution approving hardcover, side setback, and average lakeshore setback variances to construct a 2nd story addition above the existing footprint and new deck. 2. MN§15.99 Application Deadline. The application was received and considered to be complete on June 23rd. Due to meeting timing, the application was extended. Therefore, the extended 60-Day review period expires on October 21, 2021. 3. Background/ Summary. At the August 23rd meeting the Council reviewed the application including the changes made by the applicant since the Planning Commission meeting. The Council voted 3 to 0 to approve the side setback, hardcover, and average lakeshore setback variances supporting the proposed 2nd story addition above the existing footprint and new lakeside deck on the existing home. The existing home is situated 2.6 feet from the north side lot line and entirely lakeward of the average lakeshore setback line. The hardcover on the property currently exceeds the 25% limitation; the applicant’s revised request results in a 105 square foot hardcover reduction (from 31.6% to 31.0%). 4. Staff Recommendation. Staff has prepared a resolution formally approving the variance for consideration. Staff recommends approval. COUNCIL ACTION REQUESTED Council should consider adopting or amending the draft resolution. Exhibits A. Draft Resolution + Exhibits B. Council Staff Report 08/23/2021 References Council Exhibits 08/23/2021 Council Minutes 08/23/2021 PC Exhibits 07/19/2021 Item No.: 11 Date: September 13, 2021 Item Description: LA21-000048 - Courtney Paulsen, 1090 Wildhurst Trail, Variances – Resolution No 7214 Presenter: Melanie Curtis Planner Agenda Section: Consent Agenda CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. _7214 1 A RESOLUTION APPROVING VARIANCES FROM MUNICIPAL ZONING CODE SECTIONS 78-330; 78-1279; 78-1700 FILE NO. LA21-000048 WHEREAS, on June 23, 2021, Courtney Paulson (hereinafter the “Applicant”), applied for variances from the City Code for the property addressed 1090 Wildhurst Trail and legally described as: Lot 7, Tonkaview Gardens Hennepin County Minnesota except that part of the Southerly 15 feet of said Lot 7 lying Westerly of the following described line: Commencing at the Southwesterly corner of said Lot 7; thence Easterly along the Southerly line of said Lot 7 a distance of 55 feet to the point of beginning of the line being described; thence deflecting left 104 degrees 54 minutes to the Northerly line of said Southerly 15 feet and there ending, Hennepin County, Minnesota (hereinafter the “Property”); WHEREAS, the Applicant has made application to the City of Orono for variances to Orono Municipal Zoning Code Section 78-330 to allow a second story addition to be constructed above the existing home footprint 2.6 feet from the north lot line and construct a new deck within the required 7.5 foot side setback; and WHEREAS, the Applicant has made application to the City of Orono for variance to Orono Municipal Zoning Code Section 78-1279 to allow the new second story and new deck to encroach entirely lakeward of the average lakeshore setback line; and WHEREAS, the Applicant has made application to the City of Orono for variance to Orono Municipal Zoning Code Section 78-1700 to allow reduction of 105 square feet of hardcover as part of the project resulting in 31.0% hardcover where 31.6% currently exists and 25% is the maximum permitted by Code; and WHEREAS, on July 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 July 19, 2021, the Planning Commission recommended approval of the variances subject to the new deck meeting the 7.5 foot side yard setback; and CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. _7214 2 WHEREAS, on August 23, 2021, the City Council reviewed the application reviewed the application and the recommendations of the Planning Commission and City staff, including changes made to the deck footprint by the Applicant resulting in a 2.8 foot side yard setback from the north lot line, and directed preparation of findings for approval of the variances; and NOW, THEREFORE, BE IT RESOLVED that on September 13, 2021, 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 #LA21-000048. The analysis contained within staff memos and the exhibits attached to the aforesaid memos, all minutes from the above mentioned meetings, and any and all other materials distributed at these meetings are hereby incorporated by reference. 2. The Property is located in the LR-1B One Family Lakeshore Residential Zoning District. 3. The Property contains 0.47 acres in area and has a defined lot width of 61 feet. 4. The Property is within Tier 1 and hardcover is limited to 25% according to the Stormwater Quality Overlay District. 5. Applicant has applied for the following variances: a. Side Yard Setback Variance b. Hardcover Variance c. Average Lakeshore 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 requested hardcover level (with proposed reductions), side setback, and average lakeshore setback variances are in harmony with the Ordinance. The existing home is entirely lakeward of the average lakeshore setback line. The neighbors have not indicated that the upward expansion will negatively impact CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. _7214 3 their existing views of the lake, and new hardcover resulting from the new deck will be offset by removals. 2. “Variances shall only be permitted . . . when the variances are consistent with the comprehensive plan.” The requested average lakeshore setback, side yard setback, and hardcover variances are consistent with the Comprehensive Plan. The deck results in a new average lakeshore setback encroachment beyond the existing footprint, however does not appear to further impact the adjacent neighbors’ views from the north side. 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 expand the volume of the existing nonconforming home upwards with the addition of a deck lakeward of the average lakeshore setback appears to be reasonable on the Property as there are no options for a conforming expansion of any portion of the home. The curved shoreline and extreme setbacks of the neighboring homes result in the existing non-conforming condition. The Applicant has proposed 105 square feet of hardcover removals to offset the new deck hardcover. b. The plight of the landowner is due to circumstances unique to his property not created by the landowner. The location of the existing home, the curved shoreline, and extreme setback location of the neighboring homes, and existing hardcover are conditions not created by the landowners; and c. The variance, if granted, will not alter the essential character of the locality.” It does not appear that the requested average lakeshore setback variance to expand the home over the existing footprint will adversely impact views of the lake currently enjoyed by the adjacent property owners or alter the character of the locality as many of the homes in the neighborhood have a 2nd story. Further, the Applicant’s proposed hardcover removals will offset the new hardcover resulting from the deck. 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. _7214 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 residential improvements are allowed in the LR-1B District. 7. “The board or council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling.” This condition is not applicable. 1. “The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property.” The location of the existing improvements on the Property, the orientation and extreme setback of the location of the neighboring homes, and existing hardcover are conditions unique to the Property. 8. “The conditions do not apply generally to other land or structures in the district in which the land is located.” The location of the existing improvements on the Property and the orientation and extreme setback of the home to the south are conditions unique to the Property. 9. “The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant.” The existing home is nonconforming with respect to the average lakeshore and side yard setbacks. There are no options for a conforming expansion of the home’s footprint or volume upward that do not require variances. The variances are necessary. 10. “The granting of the proposed variance will not in any way impair health, safety, comfort or morals, or in any other respect be contrary to the intent of this chapter.” Granting the requested variances will not adversely impact health, safety, comfort, or morals; nor will it be contrary to the intent of the Code. 11. “The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty.” The average lakeshore setback line on the Property eliminates the options for expanding and/or improving the home; the granting of the requested variances are necessary to alleviate a practical difficulty resulting from the location of the existing home in relation to the neighboring homes. The existing CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. _7214 5 hardcover exceeds permitted levels; the Applicant’s proposed removals will result in a 105 square foot reduction. 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 78-330; and a variance to Section 78- 1279 to allow the new second story and new deck to encroach entirely lakeward of the average lakeshore setback line; and a variance to Section 78-1700 to allow reduction of 105 square feet of hardcover as part of the project resulting in 31.0% hardcover where 31.6% currently exists and 25% is the maximum permitted by Code to allow a second story addition to be constructed above the existing home footprint 2.6 feet from the north lot line and to construct a new deck 2.8 feet from the north lot line where a 7.5 foot setback is required, 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 08/23/2021 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 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 (September 13, 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 13th day of September 2021. ATTEST: CITY OF ORONO: _______________________________ ________________________________ Anna Carlson, City Clerk Dennis Walsh, Mayor 1DA T E : SQ U A R E F O O T A G E BY : Je n n y G r u e n h a g e n 12 8 H a z e l w o o d A v e . Co l o g n e , M N 5 5 3 2 2 (9 5 2 ) 4 6 6 - 9 9 7 4 of PL A N N U M B E R : P a u l s e n R e s i d e n c e 1 0 9 0 W i l d h u r s t T r a i l , O r o n o , M N 5 H- 2 0 2 1 - 2 7 2 2DA T E : SQ U A R E F O O T A G E BY : Je n n y G r u e n h a g e n 12 8 H a z e l w o o d A v e . Co l o g n e , M N 5 5 3 2 2 (9 5 2 ) 4 6 6 - 9 9 7 4 of PL A N N U M B E R : P a u l s e n R e s i d e n c e 1 0 9 0 W i l d h u r s t T r a i l , O r o n o , M N 5 H- 2 0 2 1 - 2 7 2 3DA T E : SQ U A R E F O O T A G E BY : Je n n y G r u e n h a g e n 12 8 H a z e l w o o d A v e . Co l o g n e , M N 5 5 3 2 2 (9 5 2 ) 4 6 6 - 9 9 7 4 of PL A N N U M B E R : P a u l s e n R e s i d e n c e 1 0 9 0 W i l d h u r s t T r a i l , O r o n o , M N 5 H- 2 0 2 1 - 2 7 2 4DA T E : SQ U A R E F O O T A G E BY : Je n n y G r u e n h a g e n 12 8 H a z e l w o o d A v e . Co l o g n e , M N 5 5 3 2 2 (9 5 2 ) 4 6 6 - 9 9 7 4 of PL A N N U M B E R : P a u l s e n R e s i d e n c e 1 0 9 0 W i l d h u r s t T r a i l , O r o n o , M N 5 H- 2 0 2 1 - 2 7 2 5DA T E : SQ U A R E F O O T A G E BY : Je n n y G r u e n h a g e n 12 8 H a z e l w o o d A v e . Co l o g n e , M N 5 5 3 2 2 (9 5 2 ) 4 6 6 - 9 9 7 4 of PL A N N U M B E R : P a u l s e n R e s i d e n c e 1 0 9 0 W i l d h u r s t T r a i l , O r o n o , M N 5 H- 2 0 2 1 - 2 7 2 AGENDA ITEM Prepared By: mcc Reviewed By: J. Barnhart Approved By: 1. Purpose. This application is regarding hardcover, side setback, and average lakeshore setback variances to construct a 2nd story and new deck. 2. MN§15.99 Application Deadline. The application was received and considered to be complete on June 23rd. Due to meeting timing, the application was extended. Therefore, the extended 60- Day review period expires on October 21, 2021. 3. Background/ Summary. The applicant is requesting hardcover, side setback, and average lakeshore setback variances in order to construct a 2nd story addition above the existing footprint and new lakeside deck on the existing home. The existing home is situated 2.6 feet from the north side lot line and entirely lakeward of the average lakeshore setback line. The hardcover currently exceeds the 25% limitation; the applicant’s revised request results in an estimated 113 square foot hardcover reduction. 4. Planning Commission Vote and Comment. During the July 19th Planning Commission public hearing the Commission voted 6 to 0 in favor of approving the variances according to the staff recommendation which included moving the deck and deck stair into the property to meet the 7.5-foot side setback. The applicant heard Planning Commission and Staff concerns about creating a new encroachment with the deck and modified the proposed plan. The applicant continues to request approval for the deck to extend into the side setback. They have revised the house plans to reflect the new deck and deck stair staying in line with the footprint of the home resulting in an approximate 2.8 foot side setback for the new deck where a 7.5 foot setback is required. The house plans (Exhibit A) have been modified to reflect this change; however, the survey has not yet been updated. To show the proposed change, Staff edited the survey and the hardcover calculation based on the estimated deck footprint shown on the revised house plan. 5. Public Comment. No written comments were received from the neighbors. The neighbors to the south were in attendance and provided supportive comments during the public hearing. For more detail please reference the minutes attached as Exhibit C. Item No.: # Date: 23 August 2021 Item Description: #LA21-000048, Courtney Paulsen, 1090 Wildhurst Trl, Variances Presenter: Melanie Curtis Planner Agenda Section: Planning Department Report AGENDA ITEM Prepared By: mcc Reviewed By: J. Barnhart Approved By: 6. Staff Recommendation. Staff recommends approval of the average lakeshore setback and side yard setback variances to permit the 2nd story addition as proposed. Staff recommends approval of the hardcover variance to permit the deck; however, staff continues to recommend the deck/deck stair be moved inward to meet the 7.5 foot side setback and to not encroach into the 75-foot setback. COUNCIL ACTION REQUESTED Direct Staff to draft a resolution reflecting the Council’s decision. The survey and hardcover calculations should be updated to reflect the Council’s direction to be included with the resolution. Exhibits Exhibit A. Revised House Plans (deck change) Exhibit B. Proposed Survey – staff edit Exhibit C. PC Minutes Exhibit D. PC Staff Report References PC Exhibits 07/19/2021 Exhibit A. Application & Narrative Exhibit B. Practical Difficulties Documentation Form Exhibit C. Existing Survey Exhibit D. Proposed Survey Exhibit E. Proposed Plans and Elevations Exhibit F. Aerial Photos Exhibit G. Property Owners List Exhibit H. Plat Map AGENDA ITEM Prepared By: mcc Reviewed By: J Barnhart Approved By: 1. Purpose. This application is regarding average lakeshore setback, lot area and lot width variances in order to redevelop the property. 2. MN§15.99 Application Deadline. The application was received and was considered to be complete on July 21, 2021. Therefore the 60-Day review period expires on September 19, 2021. 3. Background/ Summary. The applicants are requesting lot area, lot width, and average lakeshore setback variances in order to redevelop the property. The existing home is situated almost entirely lakeward of the average lakeshore setback, and is shown as a light gray building on the adjacent figure. There are no changes proposed with the existing improvements in the 75-foot setback. 4. Planning Commission Vote and Comment. On August 16, 2021, the Planning Commission held a public hearing. Following the public hearing the Planning Commission voted 7 to 0 on a motion to approve the requested variances. 5. Public Comment. Comments from the neighbors were received and are attached as Exhibit D. 6. Staff Recommendation. Staff recommends approval. A draft resolution has been prepared for the Council’s consideration. COUNCIL ACTION REQUESTED Motion to adopt or amend the approval resolution. Exhibits A. Draft Resolution B. Proposed Plans C. Draft PC Minutes D. Public Comment E. PC Staff Report References PC Exhibits 08/16/2021 A. Application & Project Summary B. Practical Difficulties Documentation Form C. Existing Survey Item No.: 12 Date: September 13, 2021 Item Description: LA21-000050 – Alyssa Dwyer & Eric Biermann, 2915 Casco Point Road, Variances – Resolution No. 7215 Presenter: Melanie Curtis Planner Agenda Section: Consent Agenda AGENDA ITEM Prepared By: mcc Reviewed By: J Barnhart Approved By: D. Proposed Survey/Site Plan E. Proposed Plans and Elevations F. Submitted Hardcover Calculations G. Aerial Photos H. Neighbor Comments I. Property Owners List J. Plat Map CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. _7215 1 A RESOLUTION APPROVING VARIANCES FROM MUNICIPAL ZONING CODE SECTIONS 78-305 + 78-1279 FILE NO. LA21-000050 WHEREAS, on July 21, 2021, Alyssa Dwyer (hereinafter the “Applicant”), applied for variances from the City Code for the property addressed 2615 Casco Point Road and legally described as: Lot 97, Spring Park That part of vacated Lake Shore Avenue and that part of the tract of land lying between said Avenue and the shore of Lake Minnetonka, all lying between the Southwesterly extensions of the Northwesterly and Southeasterly lines of Lot 97, Spring Park, Hennepin County, Minnesota (Certificate of Title No. 1371778) (hereinafter the “Property”); WHEREAS, the Applicant has made application to the City of Orono for variances from Orono Municipal Zoning Code Section 78-350 to allow redevelopment of the substandard lot of record with 0.35 acre in area and 60 feet of width where 0.5 acre and 100 feet of width are required; and WHEREAS, the Applicant has made application to the City of Orono for a variance from Orono Municipal Zoning Code Section 78-1279 to permit construction of a new home partially lakeward of the average lakeshore setback; and WHEREAS, on August 16, 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 August 16, 2021, the Planning Commission recommended approval of the variances; and WHEREAS, on September 13, 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: CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. _7215 2 FINDINGS OF FACT: 1. This application was reviewed as Zoning File #LA21-000050. The analysis contained within staff memos and the exhibits attached to the aforesaid memos, all minutes from the above mentioned meetings, and any and all other materials distributed at these meetings are hereby incorporated by reference. 2. The Property is located in the LR-1C One Family Lakeshore Residential Zoning District. 3. The Property contains 0.35 acres in area and has a defined lot width of 60 feet. 4. The Property is within Tier 1 and hardcover is limited to 25% according to the Stormwater Quality Overlay District. 5. Applicant has applied for the following variances: a. Lot Width Variance b. Lot Area Variance c. Average Lakeshore 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 requested variances are in harmony with the purpose of the Ordinance. The Property has difficulties in its substandard area, width, and as a result of the location and orientation of the adjacent homes the average lakeshore setback line considerably limits the building envelope. 2. “Variances shall only be permitted . . . when the variances are consistent with the comprehensive plan.” The requested variances to develop the nonconforming lot of record are consistent with the comprehensive plan. 3. “Variances may be granted when the applicant for the variance establishes that there are practical difficulties in complying with the zoning ordinance. ‘Practical difficulties,’ as used in connection with the granting of a variance, means that: CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. _7215 3 a. The property owner in question proposes to use the property in a reasonable manner, however, the proposed use is not permitted by the official controls. The request to permit construction of a new home on a substandard lot forward of the average lakeshore setback appears to be reasonable based on the lot of record status, and the location of the neighboring home on the south side with respect to the lakeshore. b. The plight of the landowner is due to circumstances unique to his property not created by the landowner. The nonconforming lot area, lot width and location with respect to the neighboring home were not created by the homeowner. c. The variance, if granted, will not alter the essential character of the locality.” The variances are requested in order to permit construction of a home designed to fit the character of the neighborhood. 4. “Economic considerations alone do not constitute practical difficulties.” Economic considerations have not been a factor in the variance approval determination. 5. “Practical difficulties also include but are not limited to inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth-sheltered construction as defined in Minn. Stat. § 216C.06, subd. 2, when in harmony with Orono City Code Chapter 78.” This condition is not applicable. 6. “The board or the council may not permit as a variance any use that is not permitted under Orono City Code Chapter 78 for property in the zone where the affected person's land is located.” This condition is not applicable, as a single family home is an allowed use in the LR-1C District. 7. “The board or council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling.” This condition is not applicable. 8. “The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property.” The Property’s substandard size, lack of road frontage, orientation, and the setback from the lake of the adjacent homes creates difficulties for the Owners in redeveloping the Property. CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. _7215 4 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, lack of road frontage, and the setback of the adjacent homes create difficulties for the owners. 10. “The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant.” Granting lot area, lot width, and average lakeshore variances are necessary for the preservation of the Property right of the Applicant. 1. “The granting of the proposed variance will not in any way impair health, safety, comfort or morals, or in any other respect be contrary to the intent of this chapter.” Granting the requested variances in this unique situation would not be contrary to the intent of the zoning chapter. 11. “The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty.” Granting the requested variances in this unique situation would not be contrary to the intent of the zoning chapter. CONCLUSIONS, ORDER AND CONDITIONS: Based upon one or more of the above findings, the Orono City Council hereby grants a variance to Orono Municipal Zoning Code Section 78-350 to allow redevelopment of the substandard lot of record with 0.35 acre in area and 60 feet of width where 0.5 acre and 100 feet of width are required; and a variance from Orono Municipal Zoning Code Section 78-1279 to permit construction of a new home approximately 31 feet lakeward of the average lakeshore setback, subject to the following conditions: 1. Council approval is based on the entire record, above Findings. 2. The approved project shall conform to the survey dated 07/29/2021 and building plans submitted by the Applicants and annotated by City staff, attached to this Resolution as Exhibits A & B. 3. Any amendments to the plans which are not in conformity with City codes may require further Planning Commission and City Council review. 4. Authorities granted by this resolution run with the Property not with the Applicants, but are permissive only and must be exercised by obtaining a building permit for the new construction and commencing construction of said project. A building permit must be obtained within one year of the date of Council approval, or the variance will expire on that date (September 13, 2022). CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. _7215 5 5. Violation of or non-compliance with any of the terms and conditions of this resolution may result in the termination of any authority granted herein. ADOPTED by the Orono City Council on this 13th day of September, 2021. ATTEST: CITY OF ORONO: _______________________________ ________________________________ Anna Carlson, City Clerk Dennis Walsh, Mayor MINUTES OF THE ORONO PLANNING COMMISSION Monday, August 16, 2021 6:00 o’clock p.m. _____________________________________________________________________________________ 1. LA21-000050 ALYSSA DWYER, 2915 CASCO POINT ROAD, VARIANCES (STAFF: MELANIE CURTIS) Alyssa Dwyer, Applicant, was present Staff presented a summary packet of information. Curtis said the Applicants are requesting lot area, lot width, and average lakeshore setback (ALS) variances in order to redevelop the property. The ALS line cuts through the lot at an awkward angle and the current home encroaches almost entirely into the ALS as a result of the home to the south at 2925 Casco Point Road creating an extreme setback line. The proposed home will improve the encroachment by about 3¼ feet. The Applicant has identified the location of the home to the south as the primary practical difficulty and provided supporting documentation within the packet. Staff finds the orientation of the setback line resulting from the extreme setback of the neighboring home and the existing lot’s substandard size as practical difficulties supporting the requested variances. Staff recommends approval as requested. Alyssa Dwyer, 2915 Casco Point Road, has lived on the property for 7 years and would like to rebuild a new home on the site. The Applicant has supporting documentation from neighbors including the neighbor to the south and are in the process of applying for a permit to rebuild their home and have stated their intention is to bring it up within the normal lakeshore setback. Chair Kirchner opened the public hearing at 6:04 p.m. Chair Kirchner closed the public hearing at 6:04 p.m. Ressler noted this is pretty straightforward and they have seen other applications dealing with the same thing. He is supportive of the application with the Staff’s recommendation. Ressler moved, Libby seconded, to approve LA21-000050, 2915 Casco Point Road, Variances. VOTE: Ayes: 7, Nays 0. July 20, 2021 Alyssa Dwyer and Eric Bierman 2915 Casco Point Road Orono, MN 55391 Dear Alyssa and Eric, We are happy to hear you are planning to build a new home. As owners of the adjacent property at 2925 Casco Point Road, we are writing to provide information for your application for a variance with the City of Orono. We are also planning to rebuild on our property in the near term. We plan to build closer to the lake from where the current home lies, but the exact location of our proposed home is yet to be determined, as we are still in the preliminary planning stages. Thanks for sharing your plans with us. We look forward to seeing your new home being constructed. Sincerely, Scott and Jenni Brekken Date Application Received: 07/21/2021 Date Application Considered as Complete: 07/21/2021 60-Day Review Period Expires: 09/19/2021 To: Chair Kirchner and Planning Commission Members Adam Edwards, City Administrator From: Melanie Curtis, Planner mcc Date: 16 August 2021 Subject: #LA21-000050, Alyssa Dwyer & Eric Biermann, 2915 Casco Point Rd, Variances Public Hearing Background The applicant are requesting lot area, lot width, and average lakeshore setback variances in order to redevelop the property. The existing home is situated almost entirely lakeward of the average lakeshore setback line which, based on the location of the two adjacent neighbors, cuts through the subject lot at an angle. The neighbor to the south is significantly further from the lake than most of the neighboring homes resulting in the extreme setback. There are no changes proposed with the existing improvements in the 75-foot setback. Practical Difficulties Analysis Applicant Submittal Information: The applicant has identified the location of the home to the south as the primary practical difficulty supporting the requested average lakeshore setback variance. The existing substandard lot size and shape are identified as practical difficulties supporting the lot area and lot width variances. Additionally, they have provided supporting documentation regarding Practical Difficulties attached as Exhibit B, and should be asked for additional testimony regarding the application. Planning Staff Practical Difficulty Analysis: Regarding practical difficulty, Staff finds the orientation of the setback line resulting from the extreme setback of the southern neighboring home, the existing lot’s substandard size there are practical difficulties supporting granting the requested variances for the new home. Application Summary: The applicant are requesting lot area, lot width, and average lakeshore setback variances to redevelop the property. Staff Recommendation: Planning Department Staff recommends approval. FILE #LA21-000050 16 August 2021 Page 2 of 5 LOT ANALYSIS WORKSHEET Section 78-350 – Setbacks: LR-1C District Required Existing Proposed Rear 30’ 84.7’ house 9.7’ detached garage 40.3’ Northwest Side 7.5’ 12.8’ 8.3’ 5.3’ chimney* Southeast Side 7.5’ 3.9’ 7.5’ Lakeshore 75’ 148’ 148’ house 142’ patio Average Lakeshore The proposed home is located 31.25 feet lakeward of the average lakeshore setback line. *City Code 78-1405 permits the chimney encroachment into the setback. Section 78-350 – Lot Area/Width: LR-1C Lot Area Lot Width Required 21,780 s.f. (0.5 acres) 100’ Actual 15,425 s.f. (0.35 acre) 60’ @ 75’ / 60’ @ OHWL Section 78-1403 – Structural Building Coverage: Total Lot Area Total Structural Coverage 15,425 s.f. (0.35 acre) Allowed: 3,085 s.f. (20%) Existing: 2,023 s.f. (13.1%) Proposed: 2,587 s.f. (16.7%) Section 78-1680 and 78-1700 – Hardcover Calculations: Stormwater Overlay District Tier Total Area in Zone Allowed Hardcover Existing Hardcover Proposed Hardcover Tier 1 15,425 s.f. 3,856 s.f. (25%) 3,407 s.f. (22%) 678 s.f. w/in 75’ 3,832 s.f. (24.8%) 678 s.f. w/in 75’ Applicable Regulations: Lot Area and Lot Width Variances (Sec 78-350) Zoning Code Section 78-72 provides options for the redevelopment of lots which do not meet the minimum area or width requirements for the respective zoning district. Substandard properties within the Shoreland Overlay District, like the subject lot, are able to be redeveloped without variances if specific standards are met; such as: 1. All setback requirements can be met; 2. A Type 1 sewage treatment system consistent with Minnesota Rules, chapter 7080, can be installed or the lot is connected to a public sewer; and FILE #LA21-000050 16 August 2021 Page 3 of 5 3. The impervious surface coverage meets all hardcover location and square footage restrictions of this chapter and the total square footage of hardcover does not exceed 25 percent of the entire lot area. 4. All other zoning district standards can be met. The applicant’s request for average lakeshore setback variance results in the property’s inability to conform to all of the standards above. Therefore, lot width and area variances are required in order to redevelop the property. The ability to develop the property consistent with other existing developed properties in the neighborhood would be limited if the area and width variances are not granted. Average Lakeshore Setback Variance (Sec 78-1279) The proposed home is situated forward of the average lakeshore setback line. The current home encroaches almost entirely into the setback as a result of the home on the abutting southern property (2925 Casco Point Road) creating an extreme setback line. The existing home is approximately 35 feet lakeward of the average lakeshore setback line where it encroaches the most. The proposed home will improve that encroachment by about 3.75 feet. The subject property does not have frontage on Casco Point Road, rather it gains access across an easement over the property to the northeast (2917 CPR). The proposed home is shown to meet the rear setback of 30 feet and cannot be moved further from the lake. The home at 2925 CPR is set back from the lake approximately 213 feet from the OHWL. The applicant’s new home is proposed to be 156 feet from the OHWL. Other neighboring properties in the area are situated between 140 and 150 feet from the Lake. The applicant is proposing to build the home almost in line with the majority of neighbors. The owners of 2925 CPR have submitted a written statement (Exhibit H) supporting the applicant’s request and indicating that they have plans to rebuild the home on their property which is intended to be in line with the other neighbors. The applicant’s proposed home will be roughly 10 feet back from the OHWL (138.4’), improving the average lakeshore setback and getting closer to conforming to the unique setback. Governing Regulation: Variance (Section 78-123) In reviewing applications for variance, the Planning Commission shall consider the effect of the proposed variance upon the health, safety and welfare of the community, existing and anticipated traffic conditions, light and air, danger 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. FILE #LA21-000050 16 August 2021 Page 4 of 5 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 variances are in harmony with the purpose of the Ordinance. The Property has difficulties in its substandard area, width, and as a result of the location of the adjacent home(s). 2. The variance is consistent with the comprehensive plan. The requested variances to develop the nonconforming lot of record are consistent with the comprehensive plan. 3. The applicant establishes that there are practical difficulties. a. The property owner proposes to use the property in a reasonable manner not permitted by the official controls; The request to permit construction of a new home on a substandard lot forward of the average lakeshore setback appears to be reasonable based on the southern neighboring home’s location with respect to the lakeshore. b. There are circumstances unique to the property not created by the landowner; The nonconforming lot area, lot width and location with respect to the neighboring home were not created by the homeowner; and c. The variance will not alter the essential character of the locality. The variances are requested in order to permit construction of a home designed to fit the character of the neighborhood. 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 a single family home is an allowed use in the LR-1C District. 7. The board or council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling. This condition is not applicable. 8. The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property. The Property’s substandard size, lack of road frontage, orientation and the setback from the lake of the adjacent homes creates difficulties for the Owners in redeveloping the property. 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, lack of road frontage, and the setback of the adjacent homes create difficulties for the owners. 10. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. Granting lot area, lot width, and average lakeshore variances are necessary for the preservation of the Property right of the applicant. 11. The granting of the proposed variance will not in any way impair health, safety, comfort or morals, or in any other respect be contrary to the intent of this chapter. Granting the FILE #LA21-000050 16 August 2021 Page 5 of 5 requested variances in this unique situation would not be contrary to the intent of the zoning chapter. 12. The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty. The requested variances 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 H. 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. List of Exhibits Exhibit A. Application & Project Summary Exhibit B. Practical Difficulties Documentation Form Exhibit C. Existing Survey Exhibit D. Proposed Survey/Site Plan Exhibit E. Proposed Plans and Elevations Exhibit F. Submitted Hardcover Calculations Exhibit G. Aerial Photos Exhibit H. Neighbor Comments Exhibit I. Property Owners List Exhibit J. Plat Map AGENDA ITEM Prepared By: LLO Reviewed By: J. Barnhart Approved By 1. Purpose. The applicant is requesting an Average Lakeshore Setback (ALS) variance to permit the addition and deck improvements to the house to be lakeward of ALS. 2. Background. The existing single story home on the property is nonconforming to the average lakeshore setback. The applicant is requesting to build a 3 season porch and deck addition along the east side of the home, lakeward of the ALS. The proposed roofline of the addition will be lower than the roofline of the existing home, which will maintain the same defined height of the home. All other city codes are met with the project. 3. 15.99 Deadline. The applicant made a complete application on July 30, 2021. Following the 60-Days review period, the application will expire September 28, 2021. 4. Planning Commission Vote and Comment. The planning commission held a public hearing on August 16, 2021. Commission discussed the unique placement of the neighboring homes and the limited conforming building envelope on the property. Following the public hearing the Planning Commission voted 7 to 0 on a motion to approve the requested variances. 5. Public Comment The applicant has submitted letters of acknowledgment from 2705 Shadywood Dr. (easterly neighbor) and 2693 Shadywood Dr. (northern neighbor), attached as Exhibit F. 6. Staff Recommendation. Planning Staff recommends approval of the variance as proposed. 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 A. Application Summary B. Practical Difficulties Documentation Form C. Survey, Annotations and Ariel Images D. Proposed Plans and Elevations E. Submitted Hardcover Calculations F. Neighbor Comments G. Property Owners List and Map Item No.: 13 Date: September 13, 2021 Item Description: LA21-000054 – Sharratt Design & Co- Michael Sharrat, 2695 Shadywood Road, Variance – Resolution No. 7216 Presenter: Laura Oakden Planner Agenda Section: Consent Agenda CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. ________________________ 1 A RESOLUTION APPROVING A VARIANCE FROM MUNICIPAL ZONING CODE SECTION 78-1279 FILE NO. LA21-000073 WHEREAS, on July 30, 2021, Beth Paulson (“Applicant”), applied for a variance from the City Code for the property addressed 2695 Shadywood Road and legally described as: Lot 2, Block 1 Chapman Addition (hereinafter the “Property”); WHEREAS, the Applicants have made application to the City of Orono for a variance to Orono Municipal Zoning Code Section 78-1279 to allow a home addition within the average lakeshore setback; and WHEREAS, on August 16, 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 August 16, 2021, the Planning Commission recommended approval of the variance; and WHEREAS, on September 13, 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 variance as described above based on one or more of the following findings of fact concerning the Property: FINDINGS OF FACT: 1. This application was reviewed as Zoning File #LA21-000054. 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-1B Zoning District. 3. The Property contains 0.9 acres in area and has a defined lot width of 220 feet. 7216 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. ________________________ 2 4. The Property is within Tier 1 and hardcover is limited to 6.4 % according to the Stormwater Quality Overlay District. 5. Applicant has applied for the following variance[s]: a. Average Lakeshore Setback 6. In considering this application for variance, the Council has considered the advice and recommendation of the Planning Commission and the effect of the proposed variance upon the health, safety and welfare of the community, existing and anticipated traffic conditions, light and air, danger of fire, risk to the public safety, and the effect on values of property in the surrounding area. ANALYSIS: 1. The variance is in harmony with the general intent and purpose of the Ordinance. The intent of the average lake shore setback is to preserve neighboring properties’ views of the lake. The proposed encroachment will not impact these views. 2. The variance is consistent with the comprehensive plan. The proposed use of the lot for residential purposes is consistent with the Comprehensive Plan, as is the preservation of lake views and Shoreland management. 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 placement of the addition is a reasonable location given the intent of the ordinance to preserve views, and manage sensitive environmental concerns. b. There are circumstances unique to the property not created by the landowner; The existing conditions of a uniquely shallow lot for the neighborhood, existing house location and the extreme average lakeshore setback due to the neighbor to the east are circumstances not created by the landowner and c. The variance will not alter the essential character of the locality. The encroachment into the ALS will not impact the character of the locality 4. Economic considerations alone do not constitute practical difficulties. Economic considerations have not been a factor in the variance approval determination. 5. Practical difficulties also include but are not limited to inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth-sheltered construction as defined in Minn. Stat. § 216C.06, subd. 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 7216 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. ________________________ 3 located. This condition is not applicable, a single family home is an allowed use in the LR-1B District. 7. The board or council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling. This condition is not applicable. 8. The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property. The extreme distance of the average lakeshore setback due to the neighbor to the east only apply to this property is unique 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 conditions do not apply to other land and structures in the district due to the unique lot for this neighborhood. 10. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. The applicant states this to be true. 11. The granting of the proposed variance will not in any way impair health, safety, comfort or morals, or in any other respect be contrary to the intent of this chapter. The proposed encroachment is not anticipated to impair any health or safety goals of the city. 12. The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty. Per the applicant, granting this proposal is not for convenience. Granting is necessary to allow a totally unbuildable site a reasonable use and very reasonable and minor improvement. CONCLUSIONS, ORDER AND CONDITIONS: Based upon one or more of the above findings, the Orono City Council hereby grants a variance to Orono Municipal Zoning Code Section 78-1279 to allow a home addition within the average lakeshore setback , subject to the following conditions: 1. Council approval is based on the entire record, above Findings. 2. The approved project shall conform to the survey dated July 29, 2021 and building plans submitted by the Applicants and annotated by City staff, attached to this Resolution as Exhibits A. 3. Any amendments to the plans which are not in conformity with City codes may require further Planning Commission and City Council review. 4. Authorities granted by this resolution run with the Property not with the Applicants, but are permissive only and must be exercised by obtaining a building permit for the new construction and commencing construction of said project. A framing inspection must be 7216 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. ________________________ 4 completed within one year of the date of Council approval, or the variance will expire on that date (September 13, 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 ______ day of ________________, 20__. ATTEST: CITY OF ORONO: _______________________________ ________________________________ Anna Carlson, City Clerk Dennis Walsh, Mayor 7216 Resolution No. 7216 Exhibit A Re s o l u t i o n N o . 7 2 1 6 Re s o l u t i o n N o . 7 2 1 6 Re s o l u t i o n N o . 7 2 1 6 Re s o l u t i o n N o . 7 2 1 6 Re s o l u t i o n N o . 7 2 1 6 MINUTES OF THE ORONO PLANNING COMMISSION Monday, August 16, 2021 6:00 o’clock p.m. _____________________________________________________________________________________ 3. LA21-000054 SHARRATT DESIGN & CO., 2695 SHADYWOOD ROAD, VARIANCE (STAFF: LAURA OAKDEN) Mike Sharratt, on behalf of the Applicant, was present. Staff presented a summary packet of information. Oakden said the Applicant is requesting an ALS variance to permit an addition and deck improvement to the house that is lakeward of the ALS. Staff recommends approval of that variance as proposed. The existing home is non-conforming to the ALS and the peak height of the addition will be lower than the existing roofline. Staff finds there is practical difficulty due to the extreme setback on the neighboring home which eliminates a viable building envelope for the property. The property is unique for the neighborhood due to the depth of the parcel and the ALS is roughly 120-165 feet back from the Ordinary High Water Level of Lake Minnetonka and the current home is lakeward of that point. The Applicant has submitted letters of acknowledgement from the neighbors to the east and north. Staff recommends approval. Mike Sharratt, architect, noted they are at about 1/3 of the hardcover permitted on the property and about 50% of the structural coverage permitted even after the project is done. They did recognize that they wanted to stay behind the ALS to respect that. Chair Kirchner opened the public hearing at 6:29 p.m. Chair Kirchner closed the public hearing at 6:29 p.m. Libby said even though there is an existing encroachment into the setback, the Applicant is actually improving it as they are reducing from 77.8 to 77.9. Oakden clarified the existing home’s closest point is 78.8 and the new proposed addition is 77.9; therefore the Applicant is getting about 1 foot closer to the lake with the proposed addition compared to the existing house. However, they are entirely behind the 75-foot setback, however they are lakeward of the ALS. Gettman moved, Libby seconded, to LA21-000054, 2695 Shadywood Road, Variance as recommended by Staff. VOTE: Ayes: 7, Nays 0. Date Application Received: 07/21/2021 Date Application Considered as Complete: 07/30/2021 60-Day Review Period Expires: 09/28/2021 To: Chair Kirchner and Planning Commission Members Adam Edwards, City Administrator From: Laura Oakden, LLO Date: August 16, 2021 Subject: LA21-000054, Sharratt Design & Co- Michael Sharrat, 2695 Shadywood Road, Variance, Public Hearing Background The existing principle home on the property is nonconforming to the average lakeshore setback. The applicant is requesting to build a 3 season porch and deck addition along the east side of the home. The proposed roofline of the addition will be lower than the roofline of the existing home maintain the same defined height of the home. The project is proposed to be lakeward of the average lakeshore setback. All other city codes are met with the project. Practical Difficulties Analysis Applicant Submittal Information: The applicant has identified lack of a building envelope for the current property and the location of the neighboring home as practical difficulties supporting the requested variance. Additionally, they have provided supporting documentation regarding Practical Difficulties attached as Exhibit B, and should be asked for additional testimony regarding the application. Planning Staff Practical Difficulty Analysis: Staff agrees with the applicant’s arguments for practical difficulty due to the extreme setback on the neighboring home which eliminates a viable building envelope for the property. The property is unique for the neighborhood due to the depth of the parcel (roughly 170’) compared to the neighboring lots being over 300’ in depth. The deeper lots allow the home to be built farther away from the lake creating an extreme average lakeshore setback for the subject property. Staff supports the variance request. Application Summary: The applicant is requesting an Average Lakeshore Setback (ALS) variance to permit the addition and deck improvements to the house to be lakeward of ALS. Staff Recommendation: Planning Department Staff recommends approval of the variance as proposed. LA21-000054 August 16, 2021 Page 2 of 5 LOT ANALYSIS WORKSHEET Section 78-330– Setbacks: DISTRICT LR-1B Required Existing Proposed Rear 30’ 40.9 No Change Side (West) 10’ 90.2 No Change Side (East) 10’ 50.7’ 32.3’ Lakeshore 75’ 78.8’ 77.9’ 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 38,963 s.f. (0.9 acres) 220’@ OHWL Section 78-1403 – Structural Building Coverage: Total Lot Area Total Structural Coverage 38,963 s.f. (0.9 acres) Allowed: 7,792.6 s.f. (20%) Existing: 2,268 s.f. 5.8 (%) Proposed: 2,524 s.f. (6.4 %) Section 78-1680 and 78-1700 – Hardcover Calculations: Stormwater Overlay District Tier Total Area in Zone Allowed Hardcover Existing Hardcover Proposed Hardcover Tier 1 38,963 s.f. 9,470 s.f. (25 %) 4,950 s.f. (11.5%) 5,440 s.f. (13.96 %) Applicable Regulations: Section 78-1279 (6) Average lakeshore setback. No principal or accessory building shall be located closer to the Ordinary High Water Line (OHWL) than the average distance from the shoreline of existing principal buildings on adjacent lots; This does not apply to patios and other accessory structures less than 42 inches above existing grade, and/or stairways, lifts, landings, lockboxes, flagpoles and pump houses. Further, the average lakeshore setback shall apply only to classified lakes and shall not apply to tributaries. The average lakeshore setback line shall be a straight line connecting the most lakeward protrusions of the principal buildings on the immediately adjacent lakeshore lots. a. In situations where improvement is proposed on a lot adjacent to a vacant lot or right-of-way, the average lake shore setback shall be equivalent to the setback of the most lakeward protrusion of the principal building on the immediately adjacent improved lakeshore lot. b. In situations where the average lake shore setback line bisects the principal building located on either adjacent lot, the next most adjacent lake side point of the bisected principal building shall be used for determining the average lakeshore setback. If the line continues to bisect the principal building, the next LA21-000054 August 16, 2021 Page 3 of 5 most lakeside point is to be used until the setback line does not bisect the principal building on an adjacent lot. The average lakeshore setback line is roughly 120’-165’ back from the OHWL of Lake Minnetonka. The entire existing home is located lakeward of the ALS, 78.8 feet from OHWL. The proposed addition is connected to the existing home and is proposed to be 77.9’ from OHWL creating a new encroachment. 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 intent of the average lake shore setback is to preserve neighboring properties’ views of the lake. The proposed encroachment will not impact these views. 2. The variance is consistent with the comprehensive plan. The proposed use of the lot for residential purposes is consistent with the Comprehensive Plan, as is the preservation of lake views and Shoreland management. 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 placement of the addition is a reasonable location given the intent of the ordinance to preserve views, and manage sensitive environmental concerns. b. There are circumstances unique to the property not created by the landowner; The existing conditions of a uniquely shallow lot for the neighborhood, existing house location and the extreme average lakeshore setback due to the neighbor to the east are circumstances not created by the landowner and c. The variance will not alter the essential character of the locality. The encroachment into the ALS will not impact the character of the locality Additionally City Code 78-123 provides additional parameters within which a variance may be granted as follows: 4. Economic considerations alone do not constitute practical difficulties. Economic considerations have not been a factor in the variance approval determination. LA21-000054 August 16, 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, a single family home is an allowed use in the LR-1B District. 7. The board or council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling. This condition is not applicable. 8. The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property. The extreme distance of the average lakeshore setback due to the neighbor to the east only apply to this property is unique 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 conditions do not apply to other land and structures in the district due to the unique lot for this neighborhood. 10. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. The applicant states this to be true. 11. The granting of the proposed variance will not in any way impair health, safety, comfort or morals, or in any other respect be contrary to the intent of this chapter. The proposed encroachment is not anticipated to impair any health or safety goals of the city. 12. The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty. Per the applicant, granting this proposal is not for convenience. Granting is necessary to allow a totally unbuildable site a reasonable use and very reasonable and minor improvement. 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 To date, the applicant has submitted letters of acknowledgment from 2705 Shadywood Dr (easterly neighbor) and 2693 Shadywood Dr (northern neighbor), attached as Exhibit F. Issues for Consideration 1. Does the Planning Commission find that that the property owner proposes to use the property in a reasonable manner which is not permitted by an official control? 2. Does the Planning Commission find that the variance(s), if granted, will not alter the essential character of the neighborhood? 3. Does the Commission find it necessary to impose conditions in order to mitigate the impacts created by the granting of the requested variance(s)? 4. Are there any other issues or concerns with this application? Planning Staff Recommendation Planning Staff recommends approval of the variance as proposed. LA21-000054 August 16, 2021 Page 5 of 5 List of Exhibits Exhibit A. Application Summary Exhibit B. Practical Difficulties Documentation Form Exhibit C. Survey, Annotations and Ariel Images Exhibit D. Proposed Plans and Elevations Exhibit E. Submitted Hardcover Calculations Exhibit F. Neighbor Comments Exhibit G. Property Owners List and Map AGENDA ITEM Prepared By: Reviewed By: A. Carlson Approved By: 1. Purpose. The purpose of this action item is to gain approval to make an adjustment to the City Fee Schedule for a Golf Course Event. 2. Background. A group of residents interested in promoting the Orono Golf Course headed by Park Commission Chairman Brian Roath are requesting to hold and event at the Club house on Friday September 17th from 3-6 PM. Planned activities include live music and catering. At the August 23rd Council meeting the Council approved the group’s request for city funding of the musical entertainment and catering deposit for special food offerings. 3. Fee Schedule request. The event group has requested the city offer discounted greens fees during the event. Greens fees are set by council as port of the City Fee Schedule. The 2021 Fee schedule sets greens fees as: The group is requesting the Greens fees be set at $9.50 from 1-4 PM on the day of the event. COUNCIL ACTION REQUESTED Motion to authorize the greens fees to be set at $9.50 from 1-4 PM on September 17th, 2021. Item No.: 14 Date: September 13, 2021 Item Description: Golf Course Event Fee Schedule Adjustment Request Presenter: Adam T. Edwards City Administrator/City Engineer Agenda Section: Parks and Golf Course Report AGENDA ITEM Prepared By: Reviewed By: A. Carlson Approved By: 1. Purpose. Consider improvements to the Casco Point Ice Rink and a partnership opportunity with Orono Youth Hockey Association. 2. Background. Mr. Jon Schwingler of the Orono Youth Hockey Association approached the City earlier this year about opportunities for outside rink time for youth hockey at city rinks. At the June Work Session the Commission discussed opportunities for short term and long term partnership. Short term the idea of using the Casco Point Rink and longer term consideration of rinks in masterplans for parks as they are developed. In August staff met at Casco Rink with Mr. Schwingler to explore options. At the September 7th Park Commission meeting the Commission considered the partnership request and voted 5- 0 to recommend the City Council authorize the project and partnership listed below. 3. Possible Improvement and Partnership. Discussions at Casco Rink with the association resulted in three items for consideration: a. The installation of lights at the rink. This work would be done by the city. This idea was previously proposed back at a Commission Work Session in June of 2019 as a means of increasing use on dark January afternoons. Staff is currently working on getting some preliminary quotes but we estimate this project would cost approximately $5000. Project would include installation of 4 light poles with lights; Lighting controls (to ensure lights only operate during designated times) and necessary electrical feeds and circuits. b. Installation of temporary hockey boards and goals. This work would be done by the Association. The boards would cover approximately ½ of the rink area. c. Ice sheet maintenance. The association and City would partner to share ice sheet maintenance responsibilities. 4. Cost. Estimated cost to the City would be $5000. 5. Funding. Funding would come from the Park Dedication Fund. COUNCIL ACTION REQUESTED Move to approve the installation of lights at the Casco Ice Rink and partner with the Orono Youth Hockey Association. Item No.: 15 Date: September 13, 2021 Item Description: Casco Point Ice Rink Improvements and Partnership Opportunity Presenter: Adam T. Edwards City Administrator/City Engineer Agenda Section: Parks and Golf Course Report AGENDA ITEM Prepared By: LLO Reviewed By: A.Carlson Approved By 1. Purpose. The applicant is requesting side yard setback, hardcover, and 75’ lakeshore setback variances to allow for an addition to the existing home. 2. Background. The applicant proposes construction of an 831 sq ft addition onto the existing 815 sq ft home. The addition will include 2 garage stalls and living space on the 2nd floor. Also proposed is a new front walk and driveway, within the 0-75 lake yard. The existing attached single car garage with roof deck is proposed to be removed. The applicant has designed the addition to follow the average lakeshore setback for the property. The project is proposing to remove the existing 3’ side yard encroachment along the west property line and bring the west side of the home into conformance (7.5’ setback). The lot is substandard to lot area, width, and currently has hardcover and building encroachments within the 75’ lakeyard setback and side yard setback. The applicant is requesting the following variances: • Side yard setback for 7.4’ where 7.5’ is permitted. • Hardcover variances in the 75’ lakeyard and the overall property to 52.6%. The original application included a request for eaves to extend 3 feet into the setback. The Planning Commission did not support this variance. The applicant submitted amended plans to bring the roof eaves into conformance per the Planning Commission’s recommendation. 3. 15.99 Deadline. The applicant made a complete application on July 29, 2021. Following the 60-day review period expires September 27, 2021. 4. Planning Commission Vote and Comment. The planning commission held a public hearing on August 16, 2021. Commission discussed the multiple variances and of the neighboring homes and the limited conforming building envelope on the property. Following the public hearing the Planning Commission voted 7 to 0 on a motion to approve the hardcover within the 75’ lakeyard, side yard setback and overall hardcover to exceed 25%. The commission did not support the roof eaves encroachment variance into the side yard setback. Commissioners noted the encroachments onto the HCRRA property to the south, which included a patio and shed. The city cannot approve any encroachment onto neighboring property. 5. Public Comment. Hennepin County Regional Rail Authority (HCRRA) provided comments regarding the existing encroachments within the trail for the commission to review on August 11, 2021. Item No.: 16 Date: September 13, 2021 Item Description: LA21-000052 – Petit Design- Barry Petit, 3355 Crystal Bay Road, Variance – Resolution No. 7217 Presenter: Laura Oakden Planner Agenda Section: Planning Department Report HCRRA has submitted additional information for the council to consider on August 23, 2021, attached as Exhibit C. HCRRA additional comments note the shed located outside the property boundaries looks to be enlarged recently and would direct the property owner to bring the improvements into compliance with any HCRRA requirements. 6. Staff Recommendation. Planning Staff recommends approval of the variance as proposed. COUNCIL ACTION REQUESTED Motion to adopt or amend the approval resolution. Exhibits A. Draft Resolution B. Proposed Plans C. Public Comments D. Draft PC Minutes E. PC Staff Report References PC Exhibits A. Application and Narrative B. Practical Difficulties Documentation Form C. Existing & Proposed Survey D. Proposed Plans and Elevations E. Submitted Hardcover Calculations F. Photos G. Property Owners List and Map CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. ________________________ 1 A RESOLUTION APPROVING A VARIANCE FROM MUNICIPAL ZONING CODE SECTION 78-350, 78-1680 and 78-1700 FILE NO. LA21-000052 WHEREAS, on July 29, 2021, Jeff Hemenway (“Applicant”), applied for a variance from the City Code for the property addressed 3355 Crystal Bay Road and legally described as: Lot 11, Wallace’s Addition to the Village of Minnetonka Beach (hereinafter the “Property”); WHEREAS, the Applicants have made application to the City of Orono for a variance to Orono Municipal Zoning Code Section 78-350 to allow a home addition in the side yard setback; and WHEREAS, the Applicants have made application to the City of Orono for a variance to Orono Municipal Zoning Code Section 78-1680 to allow a hardcover in the 75’ lakeyard setback; and WHEREAS, the Applicants have made application to the City of Orono for a variance to Orono Municipal Zoning Code Section 78-1700 to allow a hardcover to exceed 25%; and WHEREAS, on August 16, 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 August 16, 2021, the Planning Commission recommended approval of the variance; and WHEREAS, on September 13, 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 variance as described above based on one or more of the following findings of fact concerning the Property: FINDINGS OF FACT: 7217 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. ________________________ 2 1. This application was reviewed as Zoning File #LA21-000052. The analysis contained within staff memos and the exhibits attached to the aforesaid memos, all minutes from the above mentioned meetings, and any and all other materials distributed at these meetings are hereby incorporated by reference. 2. The Property is located in the LR-1C Zoning District. 3. The Property contains 0.12 acres in area (5,185 sq ft) and has a defined lot width of 29.8 feet. 4. The Property is within Tier 1 and hardcover is limited to 25% according to the Stormwater Quality Overlay District. 5. Applicant has applied for the following variance[s]: a. Side yard Setback b. Hardcover in the 75’ Lakeyard c. Hardcover to exceed 25% 6. In considering this application for variance, the Council has considered the advice and recommendation of the Planning Commission and the effect of the proposed variance upon the health, safety and welfare of the community, existing and anticipated traffic conditions, light and air, danger of fire, risk to the public safety, and the effect on values of property in the surrounding area. ANALYSIS: 1. The variance is in harmony with the general intent and purpose of the Ordinance. The proposed variances are in harmony with the purpose of the Ordinance. The small lot includes difficulties in its small size and width, manipulated topography, and proximity to the lake. The lot is also challenged by Crystal Bay Road which runs through the lake yard. The average lakeshore setback is proposed to be met protecting views of the lake for adjacent properties. 2. The variance is consistent with the comprehensive plan. The proposed variances to develop a nonconforming lot of record are consistent with the comprehensive plan. 3. The applicant establishes that there are practical difficulties. a. The property owner proposes to use the property in a reasonable manner not permitted by the official controls; The request to permit construction of the addition to an existing home on the substandard lot, in the proposed location within the lake, and side yard setbacks, appears to be somewhat reasonable as the property’s reduced size and orientation with respect to the lakeshore, 7217 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. ________________________ 3 Crystal Bay Road, and adjacent properties creates difficulties. The hardcover encroachments proposed within the lake yard appear to be reasonable. b. There are circumstances unique to the property not created by the landowner; The uniquely small lot size, width and location to the lake and roadway within the LR-1C zoning district standards prevent a residential footprint consistent with the neighborhood. The proposed hardcover level are unique to the property to serve the proposed home. and c. The variance will not alter the essential character of the locality. The variances are requested in order to permit construction of an addition to an existing home designed to fit the character of the neighborhood according to the submitted information. 4. Economic considerations alone do not constitute practical difficulties. Economic considerations have not been a factor in the variance approval determination. 5. Practical difficulties also include but are not limited to inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth-sheltered construction as defined in Minn. Stat. § 216C.06, subd. 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 single family resident is an allowed use in the LR-1C District. 7. The board or council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling. This condition is not applicable. 8. The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property. The property’s substandard size and orientation with respect to the lakeshore, Crystal Bay Road, and adjacent properties creates difficulties which also apply to many of the properties in the same neighborhood. 9. The conditions do not apply generally to other land or structures in the district in which the land is located. The property’s substandard size and orientation with respect to the lakeshore, Crystal Bay Road, and adjacent properties creates difficulties which also apply to many of the properties in the same neighborhood. However the existing home location unique to this property. 10. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. Granting side yard, hardcover and lake setback variances are necessary for the preservation of the property right of the applicant. 11. The granting of the proposed variance will not in any way impair health, safety, comfort or morals, or in any other respect be contrary to the intent of this chapter. Granting the requested hardcover, side yard and lake setback variances in this unique situation is not contrary to the intent of the zoning chapter. 7217 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. ________________________ 4 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 lakeshore setback, hardcover and side yard setback are necessary, and do not merely serve as a convenience to the applicant as the property has considerable practical difficulties affecting development. CONCLUSIONS, ORDER AND CONDITIONS: Based upon one or more of the above findings, the Orono City Council hereby grants a variance to Orono Municipal Zoning Code Section 78-350, 78-1680, 78-1700 to allow a home addition, new driveway and front walk within the side yard setback, in the 75’ lakeyard and allow the overall hardcover to exceed 25%, 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 August 29, 2021 and building plans submitted by the Applicants and annotated by City staff, attached to this Resolution as Exhibit A. 3. Any amendments to the plans which are not in conformity with City codes may require further Planning Commission and City Council review. 4. Authorities granted by this resolution run with the Property not with the Applicants, but are permissive only and must be exercised by obtaining a building permit for the new construction and commencing construction of said project. A framing inspection must be completed within one year of the date of Council approval, or the variance will expire on that date (September 13, 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 ______ day of ________________, 20__. ATTEST: CITY OF ORONO: _______________________________ ________________________________ Anna Carlson, City Clerk Dennis Walsh, Mayor 7217 Resolution No 7217 Exhibit A 2% ! %( % 9*3:3;# % )@ 9*<;)A & % # % ! % !%'!% :3; % %/!& - % % '% ' ' ) A" %% #+ ! % &'% #! ' )$% $% +% ! #% &* + ) !?(' A % Applicannt updated plans to no longer request a 3' roof eave and will conform to City Code. 7217 !"#$% 7217 4 7217 A?+ -!:,; ??+ -!:,; 7217 - %?+ -!:,; =&* %?+ -!:,; , 9 * ; 7217 B=+-!:,; =+-!:,; 7217 7217 H e m e n w a y R e m o d e l i n g 3 3 5 5 C r y s t a l B a y R o a d , O r o n o , M N J u l y 2 1 , 2 0 2 1 2 H e m e n w a y R e m o d e l i n g 3 3 5 5 C r y s t a l B a y R o a d , O r o n o , M N J u l y 2 7 , 2 0 2 1 Driveway 374 SF Grass 2,723 SF Sidewalk 162 SF House / Garage 1,054 SF Existing Hardcover Calculation Total Site Area = 4,434 SF Total Hardcover = 1,590 SF % Hardcover = 35.9% 8 H e m e n w a y R e m o d e l i n g 3 3 5 5 C r y s t a l B a y R o a d , O r o n o , M N J u l y 2 7 , 2 0 2 1 Driveway 543 SF Grass 2,221 SF Sidewalk 33 SF Addition 827 SF Exstg House 806 SF Proposed Hardcover Calculation Total Site Area = 4,434 SF Total Hardcover = 2,209 SF % hHardcover = 49.8% 9 H e m e n w a y R e m o d e l i n g 3 3 5 5 C r y s t a l B a y R o a d , O r o n o , M N J u l y 2 7 , 2 0 2 1 13 The actual eave dimension at this point is 2’-10.75” As indicated in the photo the existing eave is virtually flush with the siding. Point where eave crosses over the two foot allowance H e m e n w a y R e m o d e l i n g 3 3 5 5 C r y s t a l B a y R o a d , O r o n o , M N J u l y 2 7 , 2 0 2 1 At this corner the existing house is 7’ - 4 3/4” from the side yard. Zoning allows 7’ - 6” . We would like to start the new foundation at this corner which places the addition 1 1/4” within the setback Starting at this line the new wall angles in to parallel the side yard property line. We are requesting that the roof eave is allowed to continue straight in order to keep the roof structure a simple geometry. This means The overhang increase to 3 feet at the lake-side elevation. 3’ V a r i a n c e E x p l a n a t i o n s 3 Eave changes to 3355 Crystal Bay Road, Orono, MN As per the PC discussion the new eave has been divided in two parts to stay within the 2 foot encroachment allowance. Also the pitch of the roof was lowered to 5/12 v. the original 8/12 J e f f H e m e n w a y R e m o d e l i n g S e p t e m b e r 2 , 2 0 2 1 H e m e n w a y R e m o d e l i n g 3 3 5 5 C r y s t a l B a y R o a d , O r o n o , M N J u l y 2 7 , 2 0 2 1 I m a g e 4 H e m e n w a y R e m o d e l i n g 3 3 5 5 C r y s t a l B a y R o a d , O r o n o , M N J u l y 2 7 , 2 0 2 1 W e s t E l e v a t i o n S c a l e 1 / 8 ” E a s t E l e v a t i o n S c a l e 1 / 8 ” 5 H e m e n w a y R e m o d e l i n g 3 3 5 5 C r y s t a l B a y R o a d , O r o n o , M N J u l y 2 7 , 2 0 2 1 S o u t h E l e v a t i o n S c a l e 1 / 8 ” L a k e -s i d e N o r t h E l e v a t i o n S c a l e 1 / 8 ” 28 ’ - 2 ” 6 H e m e n w a y R e m o d e l i n g 3 3 5 5 C r y s t a l B a y R o a d , O r o n o , M N J u l y 2 7 , 2 0 2 1 G a r a g e L e v e l S c a l e 1 / 8 ” M a i n L e v e l S c a l e 1 / 8 ” 7 H e m e n w a y R e m o d e l i n g 3 3 5 5 C r y s t a l B a y R o a d , O r o n o , M N J u l y 2 7 , 2 0 2 1 52.7% 53.4% 47.2% 39.8% 52.3% 57.5% 60% 32.4% 41% 47.6% 58.7% 46% 56% 48.4% F i g u r e G r o u n d H a r d c o v e r C o m p a r i s o n Comparing the Hard Cover percentages on 14 neighboring properties. The average hard cover is 49.3% Median Hard Cover is 50.4% 10 H e m e n w a y R e m o d e l i n g 3 3 5 5 C r y s t a l B a y R o a d , O r o n o , M N J u l y 2 7 , 2 0 2 1 Lawn Area abstract shape 2,726 Existing House Structure 22.5’ x 36.2’ 815 Asphalt Driveway within 75’ abstract shape 374 Existing Attached Garage within 75’ 11.3’ x 22’ 113 Air conditioning pad 2 x 2 4 1,905.3 4,593 1,905.3 41.5 3355 Crystal Bay Road Barry Petit July 27, 2021 Existing Attached Garage beyond 75’ 11.3’ x 22’ 135.6 Sidewalk beyond 75’ abstract shape 81.7 11 Sidewalk within 75’ abstract shape 163 Flagstone patio abstract shape 226 Not including Crystal Bay Road H e m e n w a y R e m o d e l i n g 3 3 5 5 C r y s t a l B a y R o a d , O r o n o , M N J u l y 2 7 , 2 0 2 1 Lawn Area abstract shape 2,221 Addition beyond 75’ approx 11’ x 33’ 377 Asphalt Driveway all within 75’ abstract shape 501 Addition within 75’ approx 17’ x 29’ 457 Sidewalk all within 75’ approx 7.8’ x 5’ 39 2,419 4,593 2,419 52.7 3355 Crystal Bay Road Barry Petit July 27, 2021 12 Flagstone patio abstract shape 226 Existing house beyond 75’ 22.5’ x 36.2’ 815 Not including Crystal Bay Road Air conditioning pad 2 x 2 4 From:Jeremy Barnhart To:Laura Oakden Subject:FW: [External] 3355 Crystal Bay Rd- Home Addition (LA21-000052) Date:Monday, August 23, 2021 11:19:08 AM Attachments:image004.png image005.png image006.png image007.png Laura, Additional comment related to the variance request. From: Joseph R Gladke [mailto:Joseph.Gladke@hennepin.us] Sent: Monday, August 23, 2021 11:15 AM To: Jeremy Barnhart <jbarnhart@ci.orono.mn.us>; Laura Oakden <loakden@ci.orono.mn.us> Cc: Lisa Cerney <Lisa.Cerney@hennepin.us>; Jessica M Galatz <Jessica.Galatz@hennepin.us> Subject: RE: [External] 3355 Crystal Bay Rd- Home Addition (LA21-000052) Jeremy/Laura, I am not sure the response given to the planning commission was accurate. See the photos below. The photo on the left was taken in April 2019 and the photo on the right in April 2021. You will notice that the shed in question is much larger than the previous shed and it was built in a different location. The patio was also added since 2019. Do these elements get factored into the cities calculations for impervious area? It seems like now would be the best time to bring these items into compliance as the owners are planning for their future needs. Jeremy, please let me know after you have had chance to discuss with others. Thanks again for your coordination on these challenging issues. Joseph Gladke, PE Transportation Project Delivery Engineering and Transit Planning 701 4th Avenue S, Suite 400 | Minneapolis, MN 55415 Cell: 612-275-6830 | joseph.gladke@hennepin.us From: Jeremy Barnhart <jbarnhart@ci.orono.mn.us> Sent: Wednesday, August 18, 2021 9:59 AM To: Joseph R Gladke <Joseph.Gladke@hennepin.us> Cc: Laura Oakden <loakden@ci.orono.mn.us> Subject: RE: [External] 3355 Crystal Bay Rd- Home Addition (LA21-000052) Joe, Im sorry, I am unable to meet with you. Would you like to meet with the planner in charge of that application? Her name is Laura, and she is copied on this email. From: Joseph R Gladke [mailto:Joseph.Gladke@hennepin.us] Sent: Wednesday, August 18, 2021 9:42 AM To: Jeremy Barnhart <jbarnhart@ci.orono.mn.us> Subject: FW: [External] 3355 Crystal Bay Rd- Home Addition (LA21-000052) Good morning Jeremy, Do you have any availability to meet this afternoon 2:30-3:00pm or 3:00-5:00pm? If not, how about tomorrow morning 8:30-9:00am or 10:00-10:30am? Thanks, Joe Joseph Gladke, PE Transportation Project Delivery Engineering and Transit Planning 701 4th Avenue S, Suite 400 | Minneapolis, MN 55415 612-348-2134 | cell: 612-275-6830 | joseph.gladke@hennepin.us From: Laura Oakden <loakden@ci.orono.mn.us> Sent: Tuesday, August 17, 2021 10:22 AM To: Joseph R Gladke <Joseph.Gladke@hennepin.us> Subject: RE: [External] 3355 Crystal Bay Rd- Home Addition (LA21-000052) The Planning Commission ended up recommending approval for the project. They did comment on the shed and the homeowner noted that the shed was existing when he purchased the property and he rebuilt it recently. They did not give any recommendation on the existing improvements in the HCRA area. The project is set to go to the City Council on September 13, 2021 for final action. Let me know if you have any questions. Laura Oakden Planner City of Orono Direct 952.249.4602 2750 Kelley Parkway, Orono, MN 55356 www.ci.orono.mn.us All Permitting is done through our new online portal LINK! From: Joseph R Gladke [mailto:Joseph.Gladke@hennepin.us] Sent: Tuesday, August 17, 2021 9:18 AM To: Laura Oakden Subject: RE: [External] 3355 Crystal Bay Rd- Home Addition (LA21-000052) Thanks Laura. Did the planning commission make any decisions last night? Joseph Gladke, PE Transportation Project Delivery Engineering and Transit Planning 701 4th Avenue S, Suite 400 | Minneapolis, MN 55415 612-348-2134 | cell: 612-275-6830 | joseph.gladke@hennepin.us From: Laura Oakden <loakden@ci.orono.mn.us> Sent: Monday, August 16, 2021 2:48 PM To: Joseph R Gladke <Joseph.Gladke@hennepin.us> Cc: Jessica M Galatz <Jessica.Galatz@hennepin.us>; Kristine Stehly <Kristine.Stehly@hennepin.us>; Aaron P Freng <Aaron.Freng@hennepin.us> Subject: RE: [External] 3355 Crystal Bay Rd- Home Addition (LA21-000052) Hi Joe, Here is the packet for tonights meeting for the planning commission. Thanks! Laura Oakden Planner City of Orono Direct 952.249.4602 2750 Kelley Parkway, Orono, MN 55356 www.ci.orono.mn.us All Permitting is done through our new online portal LINK! From: Joseph R Gladke [mailto:Joseph.Gladke@hennepin.us] Sent: Monday, August 16, 2021 2:31 PM To: Laura Oakden Cc: Jessica M Galatz; Kristine Stehly; Aaron P Freng Subject: RE: [External] 3355 Crystal Bay Rd- Home Addition (LA21-000052) Thanks for your follow-up Laura. I believe you are confirming my suspicion that all of these were likely installed without any regard for city regulations/permits. Can you also send us the staff report for the planning commission meeting? Best regards, Joe Joseph Gladke, PE Transportation Project Delivery Engineering and Transit Planning 701 4th Avenue S, Suite 400 | Minneapolis, MN 55415 612-348-2134 | cell: 612-275-6830 | joseph.gladke@hennepin.us From: Laura Oakden <loakden@ci.orono.mn.us> Sent: Monday, August 16, 2021 2:20 PM To: Joseph R Gladke <Joseph.Gladke@hennepin.us> Cc: Jessica M Galatz <Jessica.Galatz@hennepin.us>; Kristine Stehly <Kristine.Stehly@hennepin.us>; Aaron P Freng <Aaron.Freng@hennepin.us> Subject: RE: [External] 3355 Crystal Bay Rd- Home Addition (LA21-000052) Hello Joe, Fences do not require a permit to install them but we do have fence regulations for location and height. Buildings under 200 sq.ft require a zoning permit and buildings over 200 sq.ft require a building permit. Both a zoning and a building permit require a site plan showing the location of the improvement. The city does not permit improvements outside the property boundaries. Laura Oakden Planner City of Orono Direct 952.249.4602 2750 Kelley Parkway, Orono, MN 55356 www.ci.orono.mn.us All Permitting is done through our new online portal LINK! From: Joseph R Gladke [mailto:Joseph.Gladke@hennepin.us] Sent: Friday, August 13, 2021 5:21 PM To: Laura Oakden Cc: Jessica M Galatz; Kristine Stehly; Aaron P Freng Subject: RE: [External] 3355 Crystal Bay Rd- Home Addition (LA21-000052) Laura, Can you help me understand this? Do sheds/fences like these require a city building permit? These look like they were rather recently installed. Do you have any information on these that you could share? Thanks, Joe The pics below are: 1. Shed on 3349 Crystal Bay Road- Neighbors to Hemenway(Under Review) 2. Sheds of 3355 (Hemenway-Cedar Siding) and the neighbor to the west 3359 (Blue Shed/House) 3. Cedar Fence encroachment and invisible dog fence behind 3393- I would want to verify this address to be sure Joseph Gladke, PE Transportation Project Delivery Engineering and Transit Planning 701 4th Avenue S, Suite 400 | Minneapolis, MN 55415 612-348-2134 | cell: 612-275-6830 | joseph.gladke@hennepin.us From: Laura Oakden <loakden@ci.orono.mn.us> Sent: Thursday, August 12, 2021 2:09 PM To: Joseph R Gladke <Joseph.Gladke@hennepin.us> Cc: Jessica M Galatz <Jessica.Galatz@hennepin.us>; Kristine Stehly <Kristine.Stehly@hennepin.us>; Aaron P Freng <Aaron.Freng@hennepin.us> Subject: RE: [External] 3355 Crystal Bay Rd- Home Addition (LA21-000052) Hi Joe, I would be happy to send you the final packet. It should be ready by tomorrow. Do you have any official comments you want included in the packet for the Planning Commission to consider? Thanks Laura Oakden Planner City of Orono Direct 952.249.4602 2750 Kelley Parkway, Orono, MN 55356 www.ci.orono.mn.us All Permitting is done through our new online portal LINK! From: Joseph R Gladke [mailto:Joseph.Gladke@hennepin.us] Sent: Thursday, August 12, 2021 1:46 PM To: Laura Oakden Cc: Jessica M Galatz; Kristine Stehly; Aaron P Freng Subject: FW: [External] 3355 Crystal Bay Rd- Home Addition (LA21-000052) Laura, We greatly appreciate you reaching out! It would be nice if these encroachments can be addressed now. Hopefully they can incorporate their storage needs into their addition and remove the structures/encroachments from HCRRA property. Could you please send us a copy of the final packet for the planning commission? These encroachments are challenging to deal with, but now is the time to address them. Thanks again for your partnership! Joe Joseph Gladke, PE Transportation Project Delivery Engineering and Transit Planning 701 4th Avenue S, Suite 400 | Minneapolis, MN 55415 612-348-2134 | cell: 612-275-6830 | joseph.gladke@hennepin.us From: Jessica M Galatz <Jessica.Galatz@hennepin.us> Sent: Thursday, August 12, 2021 9:54 AM To: Joseph R Gladke <Joseph.Gladke@hennepin.us> Cc: Kristine Stehly <Kristine.Stehly@hennepin.us>; Aaron P Freng <Aaron.Freng@hennepin.us> Subject: FW: [External] 3355 Crystal Bay Rd- Home Addition (LA21-000052) Please see below from the City of Orono regarding an addition to a home at 3355 Crystal Bay Road. The proposed work does not affect the HCRRA corridor, but there are existing encroachments on the Dakota Rail corridor adjacent to this residence. They need comments from us, if any, before tomorrow morning to be included in their staff report for a public hearing on 8/16. Do we want to submit any comments? A request to remove the encroachments as part of their work? I’m sorry but I’ll be out of the office the rest of the day and tomorrow if you could please let Orono know. Thank you! From: Laura Oakden <loakden@ci.orono.mn.us> Sent: Wednesday, August 11, 2021 2:18 PM To: Jessica M Galatz <Jessica.Galatz@hennepin.us> Subject: [External] 3355 Crystal Bay Rd- Home Addition (LA21-000052) Hi Jessica, We have another project along Crystal Bay Road in Orono for addition to an existing home. The property has some existing encroachments that they are not proposing the change and they are asking for a number of variances all on the lakeside of the existing home. This project is scheduled for a public hearing on Monday, August 16 and I have not yet finalized my staff report. However I wanted to get this over to you in the event you have concerns or comments on the proposed project which I should include in my packet to the planning commission. See attached and if you have any questions or comments you want included in the packet please let me know and provide them prior to Friday AM. Legal notice wording: LA21-000052 Petit Design - Barry Petit, 3355 Crystal Bay Road, requests side yard setback, hardcover, 75-foot lake yard setback and roof eaves setback variances to allow additions to an existing home. Thank you. Laura Oakden Planner City of Orono Direct 952.249.4602 2750 Kelley Parkway, Orono, MN 55356 www.ci.orono.mn.us All Permitting is done through our new online portal LINK! ***CAUTION: This email was sent from outside of Hennepin County. Unless you recognize the sender and know the content, do not click links or open attachments.*** Disclaimer: If you are not the intended recipient of this message, please immediately notify the sender of the transmission error and then promptly permanently delete this message from your computer system. Disclaimer: If you are not the intended recipient of this message, please immediately notify the sender of the transmission error and then promptly permanently delete this message from your computer system. Disclaimer: If you are not the intended recipient of this message, please immediately notify the sender of the transmission error and then promptly permanently delete this message from your computer system. Disclaimer: If you are not the intended recipient of this message, please immediately notify the sender of the transmission error and then promptly permanently delete this message from your computer system. Disclaimer: If you are not the intended recipient of this message, please immediately notify the sender of the transmission error and then promptly permanently delete this message from your computer system. Disclaimer: If you are not the intended recipient of this message, please immediately notify the sender of the transmission error and then promptly permanently delete this message from your computer system. From:Joseph R Gladke To:Laura Oakden Cc:Jessica M Galatz; Kristine Stehly; Aaron P Freng Subject:FW: [External] 3355 Crystal Bay Rd- Home Addition (LA21-000052) Date:Thursday, August 12, 2021 3:29:56 PM Attachments:Hemenway 7-29-21.pdf Hemenway HC 7-29-21.pdf Laura, thanks for the phone call this afternoon. In your report, can you please add that we would like the planning commission to ask the applicant if they have taken their storage needs into consideration regarding their new addition. It would be nice if the applicant could provide for their storage needs on their property and then they could remove their storage shed and other encroachments from HCRRA property. Thanks for reaching out! Joe Joseph Gladke, PE Transportation Project Delivery Engineering and Transit Planning 701 4th Avenue S, Suite 400 | Minneapolis, MN 55415 612-348-2134 | cell: 612-275-6830 | joseph.gladke@hennepin.us From: Jessica M Galatz <Jessica.Galatz@hennepin.us> Sent: Thursday, August 12, 2021 9:54 AM To: Joseph R Gladke <Joseph.Gladke@hennepin.us> Cc: Kristine Stehly <Kristine.Stehly@hennepin.us>; Aaron P Freng <Aaron.Freng@hennepin.us> Subject: FW: [External] 3355 Crystal Bay Rd- Home Addition (LA21-000052) Please see below from the City of Orono regarding an addition to a home at 3355 Crystal Bay Road. The proposed work does not affect the HCRRA corridor, but there are existing encroachments on the Dakota Rail corridor adjacent to this residence. They need comments from us, if any, before tomorrow morning to be included in their staff report for a public hearing on 8/16. Do we want to submit any comments? A request to remove the encroachments as part of their work? I’m sorry but I’ll be out of the office the rest of the day and tomorrow if you could please let Orono know. Thank you! From: Laura Oakden <loakden@ci.orono.mn.us> Sent: Wednesday, August 11, 2021 2:18 PM To: Jessica M Galatz <Jessica.Galatz@hennepin.us> Subject: [External] 3355 Crystal Bay Rd- Home Addition (LA21-000052) Hi Jessica, We have another project along Crystal Bay Road in Orono for addition to an existing home. The property has some existing encroachments that they are not proposing the change and they are asking for a number of variances all on the lakeside of the existing home. This project is scheduled for a public hearing on Monday, August 16 and I have not yet finalized my staff report. However I wanted to get this over to you in the event you have concerns or comments on the proposed project which I should include in my packet to the planning commission. See attached and if you have any questions or comments you want included in the packet please let me know and MINUTES OF THE ORONO PLANNING COMMISSION Monday, August 16, 2021 6:00 o’clock p.m. _____________________________________________________________________________________ 2. LA21-000052 PETIT DESIGN - BARRY PETIT, 3355 CRYSTAL BAY ROAD, VARIANCES (STAFF: LAURA OAKDEN) Jeff Hemingway, Applicant, was present Staff presented a summary packet of information. Oakden stated the Applicant is proposing construction of an 831 square foot addition to an existing 815 square foot home which will include a 2 car garage and living space on the second floor. The existing attached single car garage has a roofed deck and is proposed to be removed and sits approximately 3 feet from the side property line and the new addition will meet the 7.5 foot setback along the east property line. The project requests a 7.4 foot sideyard setback on the west property line where a 7.5 is required. The new addition driveway and front walk are within the 75 foot lake yard and will increase the hardcover on the property up to roughly 52.6%. The lot is substandard in area and width and currently has hardcover and building encroachments within the 75 foot lake yard and sideyard setback. The Applicant is requesting a lake yard setback, hardcover setback, and a sideyard setback, and a roof eave setback. Staff finds there are practical difficulties due to the lot size, width, and configuration of the existing home, and the access on Crystal Bay Road being completely within the 75 foot lake yard, to support the Applicant’s request for sideyard, hardcover and 75 foot lake yard setback variances. While the proposed doubles the size of the home’s footprint, it is in character with the homes within the neighborhood. Staff does not support the 3 foot roof eave encroachment as the Code allows for the 2 foot encroachment and the Applicant has stated that the roof eave encroachment is due to a design feature of the home which is believed to be convenience rather than practical difficulty. Hennepin County provided comment on the application. Gettman asked regarding the 52.7% hardcover, how Staff found this number to be acceptable. Oakden replied Staff looked through the neighborhood and all have roughly 50% hardcover as well as the access changing from a single-car to a double-car access would require additional hardcover. Staff felt that they were proposing something as minimal as possible to serve that, but the Applicant can speak to that request, as well. Gettman does not remember guidance from the City to provide to the Applicant that it should be within 10% of the average, for example. Oakden said Staff looked at the neighborhood in general, these are extremely small lots, and most of the neighborhood is around that 50%, as well as the fact that the Applicant is not asking an excessive amount. Bollis asked Staff’s opinion on the trail right-of-way encroachments, asking if now is the time to clean those up. Oakden replied those are part of the public comment from Hennepin County for the Commissioners to decide. Many times, those comments are weighed heavily on a brand-new build, however it is to take into account as they wish. Libby asked to see the additional photos and design, in particular where it may relate to the roof eaves and encroachment. Oakden walked the Commissioners through the site plan on screen. MINUTES OF THE ORONO PLANNING COMMISSION Monday, August 16, 2021 6:00 o’clock p.m. _____________________________________________________________________________________ Barry Petit, representing Jeff Hemingway, knows the Staff is not overly pleased with the eave projection and noted they have a design solution that could step that back. Therefore, the Applicant can withdraw that request if there is a problem with it. Libby asked if there was a necessary architectural, drainage, or runoff necessity for the eaves. Mr. Petit replied no, it was the idea that the line maintains the same profile. Gettman asked if in the initial application there was a larger footprint that was retracted. Mr. Petit noted they ran into a misunderstanding on setback so had to pull the house in a little tighter on the sides and said it was a modest change Chair Kirchner opened the public hearing at 6:18 p.m. Chair Kirchner closed the public hearing at 6:18 p.m. Chair Kirchner struggles a bit with the application as there are existing encroachments on the property, the site is on a County rather than a City right-of-way, and the County has submitted some feedback on that. He also struggles that they are okay with an encroachment of approximately 2 inches on one sideyard setback but not okay with a 10.75 inch encroachment on the eaves. He is trying to understand what the difference between the two is. Bollis clarified on the 1.2 inch setback it is to project off the existing line of the house. He is supportive of the application without the eave variance. Libby supports Staff’s recommendation with the exception of the eave variance as the designer has considered an alternative which is to be encouraged. Gettman thinks they should have a later discussion on the arbitrariness of the hardcover, as it seems like at some point they’d approve something close to 60% which seems extreme, and the City is notorious for these tight lots. McCutcheon noted they are always tight in this pie shape. He feels a bit better about the hardcover as there is a road right in front of it so if there is any drainage it will hit the road. He asked if there is an opportunity to remove the shed or make it portable. Jeff Hemingway, 3355 Crystal Bay Road clarified the shed was rotting out when he bought the home so he put new walls and a new roof on it. It is just sitting on the ground. Ressler noted an ongoing battle on small lakeshore lots and would be supportive of the driveway hardcover addition because if there is not parking for guests and family it becomes a problem for the public. He appreciates the Applicant being willing to adjust the eave and would be supportive of the application. MINUTES OF THE ORONO PLANNING COMMISSION Monday, August 16, 2021 6:00 o’clock p.m. _____________________________________________________________________________________ Ressler moved, McCutcheon seconded, to approve LA21-000052, 3355 Crystal Bay Road, Variances as applied, with the friendly amendment to adjust the eaves setback to 2 feet rather than 3 feet per Staff recommendation. VOTE: Ayes: 7, Nays 0. Date Application Received: 07/21/2021 Date Application Considered as Complete: 07/29/2021 60-Day Review Period Expires: 09/27/2021 To: Chair Kirchner and Planning Commission Members Adam Edwards, City Administrator From: Laura Oakden, LLo Date: August 16, 2021 Subject: LA21-000052, Petit Design- Barry Petit, 3355 Crystal Bay Rd, Variance, Public Hearing Background The applicant proposes construction of a 831 sq ft addition onto the existing 815 sq ft home. The addition will include 2 garage stalls and living space on the 2nd floor. Also proposed is a new front walk and driveway, within the 0-75 lake yard. The existing attached single car garage with roof deck is proposed to be removed. The applicant has designed the addition to follow the average lakeshore setback for the property. The lot is substandard to lot area, width and currently has hardcover and building encroachments within the 75’ lakeyard setback and side yard setback. The addition is proposed on the lake side of the home. A portion of the existing home sits 3’ from the west property line and 7.4’ from the east property line. The applicant is proposing to remove the 3’ side yard encroachment along the west property line and wants to maintain the 7.4’ eastern side yard setback to allow for the additional garage and living space. The new addition, driveway and front walk are within the 75’ lakeyard and will increase the hardcover for the property to 52.6%. The proposed project will meet the structural coverage requirements and the average lakeshore setback. The applicant is also asking for a 3’ roof eave along the west property line. The code allows for up to a 2’ roof eave to encroach into the setback. The applicant requests a larger eave due to the design on the proposed addition. Application Summary: The applicant is requesting side yard setback, hardcover, 75’ lakeshore and roof eaves setback variances to allow for an addition to the existing home. Staff Recommendation: Planning Department Staff recommends approval for a home addition and hardcover within the 75’ lakeyard, side yard setback and overall hardcover to exceed 25%. Staff does not support the roof eaves encroachment variance into the side yard setback. LA21-000052 August 16, 2021 Page 2 of 6 Practical Difficulties Analysis Applicant Submittal Information: The applicant has identified the substandard lot area and width and the existing conditions for the current home as practical difficulties supporting the requested variances. They also noted the access to the property with respect to 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 size, width, and the configuration of the existing home and access to Crystal Bay Road being completely within the 75’ lake yard to support applicant’s request for side yard, hardcover and 75’ lake setback variances. While the proposal doubles the size of the home footprint, it is in character with the other homes in the neighborhood. Staff does not support a 3’ roof eave encroachment. The code allows for a 2’ eave encroachment. The applicant has stated the addition roof eave encroachment is due to the desired design of the home, which is clearly based on convenience, and does not meet the practical difficulty standards. LOT ANALYSIS WORKSHEET Section 78-350– Setbacks: DISTRICT LR-1C Required Existing Proposed Rear 30’ 9.5’ No Change Side (East) 7.5’ ~3’ 7.5’ Side (West) 7.5’ 7.4’ 7.4’ Lakeshore 75’ 65’ 59’ Average Lakeshore Met Section 78-350 – Lot Area/Width: DISTRICT LR-1C Lot Area Lot Width Required 21,780 s.f. (0.5 acres) 100’ Actual 4,593 s.f. (0.1 acre) 47 @ 75’ / 29.8’ @ OHWL *As with other lots on Crystal Bay Road, in evaluating lot area and hardcover, we do not include the square footage of the improved drive lane of Crystal Bay Road. Section 78-1403 – Structural Building Coverage: Total Lot Area Total Structural Coverage 4,593 s.f. (0.1 acre) Allowed: 2,000 s.f. Existing: 815 s.f. (17.7 %) Proposed: 1,646 s.f. (35.8 %) Section 78-1680 and 78-1700 – Hardcover Calculations: Stormwater Overlay District Tier Total Area in Zone Allowed Hardcover Existing Hardcover Proposed Hardcover Tier 1 4,593 s.f. s.f. 1,148 s.f. (25 %) 1,816 s.f. (39.5 %) 2,416 s.f. (52.6 %) LA21-000052 August 16, 2021 Page 3 of 6 Applicable Regulations: Side Yard Setback Variance (Section 78-350) The property is roughly 42 feet wide at the average lakeshore setback which presents challenges to allow for 7.5’ side yard setbacks and a 2 car garage. The existing home is 3’ from the western property line and 7.4’ from the eastern property line. The applicant is proposing the remove the encroachments along the western property line and build the addition to meet the 7.5’ setback. The applicant is request to maintain the 7.4’ setback along the eastern property line and allow for a 2nd story to the home in this space. Hardcover; 75-Foot Setback Variances (Sections 78-1680 & 78-1700) The property’s ±120 feet of depth is challenging, particularly due to the applied average lakeshore setback at approximately 70-feet from the OHWL, the 75-foot lake setback, and the 30-foot rear yard setback. The required setbacks leave an approximate 15 foot deep building envelope. The proposed addition maximized the allowable building envelope and is proposed to encroach into the 75’ lake yard. The applicant is working to build the addition to follow the neighboring homes and to meet the average lakeshore setback. Part of the existing home to be removed encroaches into the 75-foot and the side yard setbacks. The new addition is proposed to meet the average lakeshore setback and will encroach approximately 15 feet into the 75-foot setback. A new driveway and front sidewalk are also proposed with the project. The proposed hardcover level of 52.6% is a 600 square foot increase from the existing conditions. The increase is primarily resulting from the increased building and driveway coverage. The proposed home is nearly twice the size of the existing home. The old driveway only served a 1 car garage and the proposed driveway will service a 2 car garage requiring a larger driveway. Eave Encroachment (78-1405) The code allows for a roof eave to encroach up to 2 feet in the required setback. The applicant is choosing the design the home with an angled eave that will be 3 feet in width at the widest point along the eastern property line. The wider eave is proposed on the same side yard where the applicant is requesting a side yard setback variance. The wider eaves is a design element and not necessary for the use of the parcel. 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, LA21-000052 August 16, 2021 Page 4 of 6 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 small lot includes difficulties in its small size and width, manipulated topography, and proximity to the lake. The lot is also challenged by Crystal Bay Road which runs through the lake yard. The average lakeshore setback is proposed to be met protecting views of the lake for adjacent properties. 2. The variance is consistent with the comprehensive plan. The proposed variances to develop a nonconforming lot of record are consistent with the comprehensive plan. 3. The applicant establishes that there are practical difficulties. a. The property owner proposes to use the property in a reasonable manner not permitted by the official controls; The request to permit construction of the addition to an existing home on the substandard lot, in the proposed location within the lake, and side yard setbacks, appears to be somewhat reasonable as the property’s reduced size and orientation with respect to the lakeshore, Crystal Bay Road, and adjacent properties creates difficulties. The hardcover encroachments proposed within the lake yard appear to be reasonable. The roof eave variance to allow a 3’ encroachment request is not reasonable as a design element on the home. b. There are circumstances unique to the property not created by the landowner; The uniquely small lot size, width and location to the lake and roadway within the LR-1C zoning district standards prevent a residential footprint consistent with the neighborhood. The proposed hardcover level are unique to the property to serve the proposed home. The roof eave design is created by the property owner. and c. The variance will not alter the essential character of the locality. The variances are requested in order to permit construction of an addition to an existing home designed to fit the character of the neighborhood according to the submitted information. Additionally City Code 78-123 provides additional parameters within which a variance may be granted as follows: 4. Economic considerations alone do not constitute practical difficulties. Economic considerations have not been a factor in the variance approval determination. 5. Practical difficulties also include but are not limited to inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth-sheltered construction as defined in Minn. Stat. § 216C.06, subd. 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 single family resident 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. LA21-000052 August 16, 2021 Page 5 of 6 8. The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property. The property’s substandard size and orientation with respect to the lakeshore, Crystal Bay Road, and adjacent properties creates difficulties which also apply to many of the properties in the same neighborhood. 9. The conditions do not apply generally to other land or structures in the district in which the land is located. The property’s substandard size and orientation with respect to the lakeshore, Crystal Bay Road, and adjacent properties creates difficulties which also apply to many of the properties in the same neighborhood. However the existing home location unique to this property. 10. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. Granting side yard, hardcover and lake setback variances are necessary for the preservation of the property right of the applicant. The eave encroachment is not necessary for the enjoyment of the property. 11. The granting of the proposed variance will not in any way impair health, safety, comfort or morals, or in any other respect be contrary to the intent of this chapter. Granting the requested hardcover, side yard and lake setback variances in this unique situation is not contrary to the intent of the zoning chapter. 12. The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty. The variances for lakeshore setback, hardcover and side yard setback are necessary, and do not merely serve as a convenience to the applicant as the property has considerable practical difficulties affecting development. The roof eave variance is a design element for the proposed addition and acts as is not necessary for the use of the property. It acts as a convenience. 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. Engineer Comments The City Engineer has not reviewed the proposed plan. A thorough review will be conducted at the time of building permit. Public Comments To date, no public comments have been received. Issues for Consideration 1. Does the Planning Commission find that that the property owner proposes to use the property in a reasonable manner which is not permitted by an official control? 2. Does the Planning Commission find that the variance(s), if granted, will not alter the essential character of the neighborhood? 3. Does the Commission find it necessary to impose conditions in order to mitigate the impacts created by the granting of the requested variance(s)? 4. Are there any other issues or concerns with this application? LA21-000052 August 16, 2021 Page 6 of 6 Planning Staff Recommendation Planning staff recommends approval variances as requested as they are supported by practical difficulties. If the planning commission makes the same conclusion, approval may be appropriate. List of Exhibits Exhibit A. Application and Narrative Exhibit B. Practical Difficulties Documentation Form Exhibit C. Existing & Proposed Survey Exhibit D. Proposed Plans and Elevations Exhibit E. Submitted Hardcover Calculations Exhibit F. Photos Exhibit G. Property Owners List and Map Prepared By: Reviewed By: A. Carlson Approved By: 1.Purpose. The purpose of this action item is consider a request from Bolton and Menk to adjust their fees for construction management of the project. 2.Background. At the May 16th, 2020 Council meeting streets were selected for maintenance in 2021 and design and engineering was authorized. Throughout the summer and fall Staff and our consulting firm, Bolton and Menk, have been preparing plans for the selected streets. On November 23rd, 2020 Council approved the design and engineering of the Casco Point Stormwater project, Fagerness Point Stormwater project and the Navarre Parking Lot Overlay project. Due to their common nature, these projects were combined with the streets project into one bid package in an effort get the best possible bids. In March the Council awarded the construction to Omman Brothers and approved a not to exceed Fee estimated form Bolton and Menk for construction services. In April of 2021 Council agreed to postpone the Navarre Parking Lot portion of the project pending completion of a study by the Community Development Department. Construction on the project began in May, is still underway and at the current rate should be complete in approximately one month. 3.Scope of Work. a.2021 Street Maintenance Project (21-001): The project consists of the reclamation and/or mill and overlay of the bituminous pavement, select subgrade corrections, and the replacement / improvement of the associated stormwater systems for Casco Circle, Eileen Street, Park Lane, Elm Street, East Navarre Roads (Kenwood, Olive, Lafayette Ridge, Bayview, Navarre Ln,) and the West Navarre Roads (Crystal Place, Lyric, Blaine). b.Fagerness Point Stormwater Project (21-028): The project consists of curbing, pavement adjustments and a storm pipe on a select portion of the roadway. c. Casco Point Stormwater Project (21-026): The project consists of curbing, pavement adjustments and replacement of a stormwater structure. It also includes a tie into the Casco Circle project with a new storm pipe. d.Navarre Parking Lot Project (21-040): The project includes stormwater structure repair, a pavement overlay and new striping of the municipal lot. – NOTE this project has been put on hold pending outcome of community study. 4.Cost. A summary of costs is in the table below. Bolton and Menk’s Fee adjustment request is for $25,000 (Exhibit A) Who Work Cost Status Bolton &Menk 2021 Streets Design and Bid Engineering $95,000 Not to exceed Previously approved Bolton &Menk Casco Point and Fagerness Point Stormwater Design and Bid Engineering $28,500 Not to exceed Previously approved Bolton &Menk Navarre Parking Lot Overlay Design and Bid Engineering $4,200 Not to exceed Previously approved Omann Brothers Construction $ 1,389,655.99 Pending award Bolton &Menk Construction Oversight $ 99,000 Not to exceed Previously approved Bolton &Menk Construction Oversight Fee Adjustment $ 25,000 Pending Approval TOTAL $1,641,355.99 Item No.: Date: September 13, 2021 Item Description: 2021 Road Maintenance Project- Fee Adjustment request from Bolton and Menk Presenter: Adam Edwards City Administrator / City Engineer Agenda Section: City Administrator Engineer Report 17 AGENDA ITEM 5. Funding. Funding for the project will come from a combination of the pavement management fund, stormwater fund, water fund, sewer fund and community investment fund. 6. Staff Recommendation. I recommend approval of the fee adjustment request in the amount of $25,000. The project has taken longer than previously estimated and the request is in keeping within the norms of managing a project such as this. COUNCIL ACTION REQUESTED Move to approve or deny Bolton and Menk’s fee adjustment request. Exhibits A. Bolton and Menk Construction Fee Adjustment Request H:\ORNO\2021 New Projects\2021 Street Improvements Fee Adjustment Request.docx September 7, 2021 City of Orono Attn: Adam Edwards PO Box 66 Orono, MN 55323 RE: 2021 Street Improvements – Fee Adjustment Request Dear Adam: To assist Orono with the 2021 Street Improvements Project, the city has authorized engineering services that included topographic surveys, staff design meetings, detailed design, bidding administration, public coordination/communications, construction staking , observation, and construction administration . However, as we have discussed, the approved fees for the project will not be sufficient given the status of the project. With that in mind, we have reviewed the project fees to date and offer the following comments: Design and Bidding After reviewing the services provided through the design and bidding phase of the project, we have concluded that it is appropriate for Bolton & Menk to drop the fees that exceeded the ap proved not-to- exceed fee in the amount of $36,211. Construction We have also reviewed the services that have been provided and remain on -going for the construction phase of the project. Given the fact that the scope of the project consisted primarily of resurfacing work, it was anticipated that the duration of construction would be relatively short, compared to past improvement projects. Th erefore, we budgeted for 600 hours of staff time for observation and 60 hours for contract administration. Unfortunately, based on the actual construction schedule, we have now reached the budgeted hours with approximately a month of construction left. With this in mind, we respectfully request that City consider compensating Bolton & Menk for the services that will be needed from now until the end of the project, which we estimate to be approximately $25,000 (210 hours of staff time). With this fee adjustment, the total fees for the project are estimated to be $245,242, which equates to approximately 19% of the construction costs. 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: A. Carlson Reviewed By: A. Carlson Approved By: Closed Meeting: Attorney – Client Privileged Discussion 1. Pursuant to Minnesota Statute Section 13D.05, subdivision 3(b), the Council will close the meeting for a confidential discussion of strategy and settlement negotiation status in the following matters: • Barbara E. Burwell in her capacity as Trustee of the Barbara E. Burwell Revocable Trust, and Barbara E. Burwell Revocable Trust, Plaintiffs, v. City of Orono, Mark E. Jacobs in his capacity as Trustee of the Irwin L. Jacobs 2018 Revocable Trust, Trisha Blake in her capacity as Trustee of the Irwin L. Jacobs 2018 Revocable Trust, and Irwin L. Jacobs 2018 Revocable Trust, Defendants , Case No 27-CV-21-4472 • Jay Nygard and Kendall Nygard v. City of Orono, Eighth Circuit Court of Appeals, No. 21-2941 • James Hillegass v. City of Orono, Case No 27-CV-21-8317 • Jay Nygard v. City of Orono, Minnesota Department of Human Rights, Ref. No. 72546 • Kendall Nygard v. City of Orono, Minnesota Department of Human Rights, Ref. No. 72581 • Barbara Schmidt vs. Orono etal, Case No 27-CV-21-7769 • Bonnett v. City of Orono (unfiled) The Council has balanced this decision to close the meeting against the purposes of the open meeting law, and the Council has determined that there is a demonstrated need for absolute confidentiality. The Council will be considering settlement negotiation status and strategy and must do so confidentially. Item No.: 18 Date: September 13, 2021 Item Description: Closed Meeting – Client Privileged Discussion Presenter: Soren Mattick, City Attorney Agenda Section: Closed Meeting Mayor’s Directions & Statement before Closing Meeting 1. Statement before Closing Meeting. Before the meeting is closed, the Council must state on the record the specific grounds permitting the meeting to be closed and describe the subject to be discussed. a. It is not sufficient to state that the Council is closing the meeting to discuss “pending litigation.” b. Recommended statement below: The Attorney recommends that the mayor provide a statement substantially similar to this: ---------------- i. Pursuant to Minnesota Statute Section 13D.05, subdivision 3(b), the Council will close this meeting to discuss strategy and settlement negotiation in the following matters:  Barbara E. Burwell in her capacity as Trustee of the Barbara E. Burwell Revocable Trust, and Barbara E. Burwell Revocable Trust, Plaintiffs, v. City of Orono, Mark E. Jacobs in his capacity as Trustee of the Irwin L. Jacobs 2018 Revocable Trust, Trisha Blake in her capacity as Trustee of the Irwin L. Jacobs 2018 Revocable Trust, and Irwin L. Jacobs 2018 Revocable Trust, Defendants , Case No 27 -CV- 21-4472  Jay Nygard and Kendall Nygard v. City of Orono, Eighth Circuit Court of Appeals, No. 21-2941  James Hillegass v. City of Orono, Case No 27-CV-21-8317  Jay Nygard v. City of Orono, Minnesota Department of Human Rights, Ref. No. 72546  Kendall Nygard v. City of Orono, Minnesota Department of Human Rights, Ref. No. 72581  Barbara Schmidt vs. Orono etal, Case No 27-CV-21-7769  Bonnett v. City of Orono (unfiled) The Council has balanced this decision to close the meeting against the purposes of the open meeting law, and the Council has determined that there is a demonstrated need for absolute confidentiality. The Council will be considering settlement negotiation status and strategy and must do so confidentially. 2. Vote to Close Meeting. The Council should take a vote in order to close the meeting officially. 3. Hold Closed Meeting. The Council should then conduct the closed meeting. It should not be recorded. 4. Reopen Meeting. Reopen the meeting when the Council has reached a consensus on the matter.